11981.
;
I PUBLIC RECORD OFFICE Reference :-
umimmimC.O. 885
No. 485.
(Hong Kong.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, November 29, 1867. We are honoured with your Lordship's commands, signified in Mr. Egerton's letter of October 30th ultimo, stating that he was directed by your Lordship to trans- mit to us a letter from the Colonial Office, forwarding a Despatch from the Governor of Hong Kong relative to a demand for the extradition of deserters made upon him by the Governor of Macao, and to request that we would take these papers into our con- sideration, and favour your Lordship with our opinion thereupon, and especially on the suggestion made by the Governor that powers of extradition should be conferred upon the Government of Hong Kong.
Mr. Egerton was also pleased to state that the correspondence on the same subject which passed between the Foreign Office and the Colonial Office in 1862, and which is alluded to in Mr. Elliot's letter, was enclosed for our information.
In obedience to your Lordship's commands we have taken this matter into con- sideration, and have the honour to
Report
That we see no objection on principle to an Ordinance being passed by the Legis. lative Council of Hong Kong for the extradition of individuals charged with having committed offences within the territorial jurisdiction of His Majesty the King of Portugal, and of Portuguese subjects charged with having committed offences within those parts of the Chinese dominions within which the King of Portugal is empowered by treaty engagements with the Emperor of China to exercise jurisdiction over Portu- guese subjects, and that such Ordinance should come into force, like the Malta Ordi- nance of February 21, 1863 (Hertslet, XI., p. 872), upon the Portuguese Government enacting an Ordinance of reciprocal intent with regard to individuals charged with having committed offences within the territorial jurisdiction of Her Majesty the Queen, and with regard to British subjects charged with having committed offences within those parts of the Chinese dominions within which Her Majesty the Queen is empowered by treaty engagements with the Emperor of China to exercise jurisdiction over British subjecta.
The details of such an Ordinance, and the particular crimes to which it would be expedient to extend its provisions, would, of course, be matter for further and careful consideration.
With regard to the rendition of deserters, we observe that his Grace the Duke of Buckingham is of opinion that it would not be expedient to confer such a power on the Government of Hong Kong. Apart from the question of policy, we think that in point of law the surrender of deserters who obtain shelter and seek refuge on British soil might be granted, but we are not aware that Great Britain has engaged herself explicitly by any treaty with any Power to surrender persons who may have deserted the military or naval service of such Power, except in the case where the desertion has taken place within British territory, as provided for in the treaty with Portugal of the year 1842. Upon this point, however, we would remark that the acting Attorney General of Hong Kong states that the Governor of Macao bases his demand on the 16th article of the treaty of 1842 (6 Hertalet, 608), and observes "I may add that if "the Governor of Macao thinks he has a claim on this Government under the 2nd paragraph of article 16, it is for him, I apprehend, to direct our attention to the circumstances under which it arises."
46
We do not find that the Governor of Macao has intimated chether he does in
any way rely on circumstances bringing the case within this paragraph, but we think it right to call attention to the following considerations relative to this matter:-
The paragraph referred to is as follows:-" It is further agreed and declared that if "either of the high contracting parties shall grant to any State any new favour or facility with respect to the recovery of deserters, such favour or facility shall be considered as granted also to the other contracting party in the same manner as if "the said favour or facility had been expressly stipulated by the present treaty."
• 16278.-554. 25.-5/86.
11 PUBLIC RECORD OFFICE, LONDON
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