CO885-(10-11) — Page 138

2078.

No. 106A.

(HoNo KoNG.)

PUBLIC RECORD OFFICE

Reference :-

TEPLEC.O. 885-

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PUBLIC RECORD OFFICE, LONDON

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

Doctor's Commons, February 22, 1862. We were honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 12th February instant, in which he stated that he was directed by your Lordship to transmit to us the papers, as marked in the margin, respecting atrocities alleged to have been committed by certain Peruvian agents in the collection of Chinese emigrants for shipment to Peru in the French

"Ville d'Agen." ship

Colonial Office, December 27, 1861.

Do. December 31, 1861. Mr. Bruce, No. 162, November 18. M. de Osma, February 7, 1862. Colonial Office, February 11, 1862.

Mr. Hammond added that your Lordship learnt from the letter from the Colonial Office of the 11th instant that the Duke of Newcastle had transmitted some papers to us on this case, and had requested our opinion as to whether, on the application of Laon, Governor General of the Two Kwang, the Governor of Hong Kong would be justified in surrendering to the Chinese Government the person of Juan Pastor, who was implicated in the forcible detention and murder of some of the kidnapped coolies; but, inasmuch as the Peruvian Minister at this court, in his letter to your Lord- ship of the 7th instant, had made the supposed intention of the British authorities to comply with the application of the Chinese Governor Laon the subject of a representa- tion to Her Majesty's Government, your Lordship was pleased to request that we would take the enclosed papers into our consideration, together with those sent to us from the Colonial Office, and that in addition to furnishing you with any observations on the general question which we might propose to address to the Duke of Newcastle, we would furnish your Lordship with our opinion as to the answer which should be returned to the Peruvian Minister.

Your Lordship also requested our opinion whether the facts disclosed in these papers would bear out Her Majesty's Government, either in revoking the Exequatur of the French Vice-Consul at Hong Kong, or in applying to the French Government to revoke his appointinent.

In obedience to your Lordship's commands we have considered these papers and have the honour to

Report

That, with respect to the first question put to us in Mr. Hammond's letter, we are of opinion that the Governor of Hong Kong would not be justified in surrendering to the Chinese Government the person of J. Pastor. English law would not sanction even a trial of the offender before a British court, as the crime imputed was committed out of British jurisdiction: International law would not sanction it as the accused person is a subject not of Great Britain but of Peru, and were such a course to be adopted the Peruvian Government would be entitled to complain. Extradition of persons charged with crime can take place according to British law only under valid and binding treaties with Foreign Governments, and the treaty between Great Britain and China relates only to subjects of the re-pective countries, and this is a complete answer to the request of the Chinese Governor. With request to the security taken by the Chief Justice for the appearance of Pastor and Helquero, such security cannot, in our opinion, be enforced, and no further proceedings should be taken in the matter. With respect to the answer to be returned to the note of the Peruvian Minister of the 7th February, we would suggest that it may be stated that information reached the authorities at Hong Kong that the Chinese coolies then on board the "Ville d'Agen" at that port had been by the direct instrumen- tality of Pastor, and apparently with the knowledge and concurrence of Helquero, wrong- fully and forcibly seized or ki inapped under various false pretences in China; that the ship had been fitted out at Hong Kong for the carrying out this criminal enterprise without the knowledge of the authorities, whose attention had not been attracted to her, owing to her foreign flag; that in carrying it out under the immediate superintendence of Pastor a series of the most flagrant outrages had occurred, many Chinese lives had been sacrificed without Chinese territorial jurisdiction, and great cruelties perpetrated on the survivors. That this state of things threatened the most serious consequences to the relations existing between European Governments and that of China, and especially to British and French interests. That on the French Commandant at Canton becoming

D 16276.-819. 0. 51. 5.-9/06.