CO885-(10-11) — Page 208

PUBLIC RECORD OFFICE

C.O.

Reference-

2

As regards the requisite "proof" to be adduced before British authorities at Hong Kong under the Treaty of Tientsin, we think that reasonable evidence ought to be accepted as sufficient; such, for example, as would lead a grand jury in this country to find a true bill, where the evidence is ex parte only, or such as, with evidence on both sides, would induce a magistrate to commit for trial. It is at the same time quite clear, in the letter of the Treaty (Tientain), that it is only "on proof of their guilt" that Chinese criminals can be demanded by Chinese officers, and the "proof" intended can, of course, be no other than proof satisfying the minds of those, the British officers, who have to determine the question at this preliminary stage.

The Earl Russell,

&c.

&c.

We have, &c. (Signed)

WM. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.

2391.

SIR,

No. 164.

(HONG KONG.)

TREASURY SOLICITOR to TREASURY.

Treasury of Hong Kong.

Treasury Chambers, February 28, 1863.

I HAVE read and considered the various papers from the Colonial Office sent in your letter of the 24th instant respecting certain defalcations in the Colonial Treasury of Hong Kong, and in answer to the questions on which my opinion is desired, I beg to

Report

1. With reference to the separate securities given by the shroffs on which pro- ceedings have been taken in the Colony, that I conceive Mr. Forth, the Colonial Treasurer, to be legally responsible for the risk and expense of such proceedings (which were taken at his instance and on his account), and for all losses occasioned by the defalcations in question. No countenance should be given by the Imperial or Local Government to the intimation conveyed by Mr. Forth in his letter to the Acting Colonial Secretary of November last (p. 109, correspondence), "that he repudiates the "idea of his responsibility for the defalcations for which his subordinates have been "gued at his request."

2. The Colonial Attorney-General has reported (p. 219, correspondence), by his letter dated 4th December 1862, that the proceedings against the shroffs could not be decided within a less period than two or three months from that date. Before any communication can be made to the Colony these proceedings will have probably termi- nated and the amount of the deficiency have been wholly or partially recovered. Mr. Forth may be sued in the Colony for the balance, if any, by transmitting his bond for that purpose to the Colonial Government, or his sureties may be sued here upon their bonds; but for that purpose evidence of the facts proving the defalcation should be forthcoming in this country, the information sent being insufficient for the purpose.

I would submit that it will be sufficient to advise on the evidence and the proper mode of procuring it when the necessity of putting the bonds in force against the sureties shall have arisen.

The Secretary, Treasury.

I am, &c.

(Signed) H. R. REYNOLDS.

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885

PUBLIC RECORD OFFICE, LONDON

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