5328.

No. 704.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, April 29, 1871. We are honoured with your Lordship's commands, signified in Viscount Enfield's letter of the 22nd instant, stating that with reference to our report of the 28th February last in reference to a claim of the Governor of Hong Kong for the extradition of a prisoner charged with murder, he was directed by your Lordship to transmit to us two further letters and their enclosures from the Colonial Office in reference to that case, and that he was to request we would take the papers into our consideration, &c., &c.

In obedience to your Lordship's commands we have the honour to

Report.

We are of opinion that the fact of evidence having been given in support of a claim for the extradition of a criminal on a charge of murder, which evidence would support a charge of piracy under the Law of Nations, would not preclude the surrender of the criminal to the parties claiming him under a treaty in which murder is specified as one of the crimes on account of which his extradition might be claimed. We understand from the letters.of Major-General Whitfield of February 21, 1871, that the criminal in this case has been claimed by the French Vice-Consul under the treaty between Great Britain and France, for murder committed on board of a French ship. We see no sufficient grounds why the Acting Governor of Hong Kong should decline to surrender him to the French Vice-Consul.

The Earl Granville, K.G.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE. TRAVERS TWISS.

• 18978-716.

25-5/86.

* No. 600.

PUBLIC RECORD OFFICE

Reference :-

PLEC.O. 885

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