17,392,
PUBLIC RECORD OFFICE
السيسيا
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 56.
(HoNG KONG.)
LAW OFFICERS to FOREIGN OFFICE.
WE were honoured with your Lordship's commands, signified in Sir Julian
Royal Courts of Justice, 19th September 1885. Pauncefote's letter of the 20th ultimo, stating that, by direction of the Secretary of State, he had the honour to transmit to us the papers noted in the accompanying list, which related to an application made by the Chinese Minister in London for the re-arrest and extradition from Hong Kong of eleven fugitives from justice who were detained originally on an extradition demand, but who were discharged by the Governor of the Colony after a long and careful inquiry.
That the surrender of Chinese fugitives by the Government of Hong Kong was regulated by Article XXI of the Treaty of Tien-tsin (A), and by the Colonial Ordinances No. 2 of 1850 (B) and No. 2 of 1871 (C).
That the history of the case would be found in the following Reports of the Law Officers of the Crown, and in the documents to which they referred :—
(D) Law Officers' Report of the 14th June 1882.
(E) Law Officers' Report of the 18th September 1884.*
(F) Law Officers' Report of the 6th February 1885.
That the demand for the surrender of the fugitives in question, and others, numbering in all thirteen, was originally made in 1881. They were arrested in Hong Kong, but released by the Supreme Court of the Colony on habeas corpus, by reason of some informalities.
They left the Colony, but subsequently returned, and in 1883 they were re-arrested on a fresh demand of the Viceroy of Canton. Two of them were discharged, and the remaining eleven were committed to prison to await the orders of the Governor respecting their extradition, as provided by Ordinance No. 2 of 1850.
That Sir Julian Pauncefote was to refer us to the Report of the Law Officers of the 18th September 1884* (E), and to the despatches of the Governor of Hong Kong therein referred to, and transmitted therewith, for a full account of the subsequent proceedings, which resulted in the discharge of the prisoners, on the ground that the proof of guilt" required by Article XXI of the Treaty of Tien-tsin was not on the whole such as to satisfy the minds of the Governor and Executive Council.
$6
That the Chinese Minister thereupon addressed a letter, dated the 8th December 1884, to the Secretary of State, demanding the re-arrest and surrender of the eleven fugitives, on the ground set out in his communication (G). That demand was refused, for the reasons stated in the reply to the Marquis Tsêng of the 9th February 1885, which had been approved by the Law Officers, and a copy of which would be found appended to their Report of the 6th February 1885 (F). That the Marquis Tsêng being dissatisfied with that reply, addressed a further letter to the Secretary of State, dated the 13th June 1885, in which he still insists on the re-arrest and surrender of the fugitives (H).
That that letter was referred to the Colonial Office, who, in their reply of the 25th June 1885 (I), dealt with the arguments of the Chinese Minister, and suggested a further reference to the Law Officers.
That it appeared to your Lordship that the answer of the Colonial Office contained a satisfactory refutation of the contention of the Chinese Minister on all points, both of law and of fact; and Sir Julian Pauncefote was to request that we would take all the papers transmitted with his letter into our consideration, and that we would favour your Lordship with our opinion as to whether the demand of the Chinese Minister should again be refused, and, if so, whether his letter of the 13th June last might properly be answered in the sense indicated by the Colonial Office in their letter to the Foreign Office of the 25th June.
▲ 15927-50. 35.-12/85.
• No. 23.
I