CO885-(10-11) — Page 459

183.

No. 376.

(Hong KoNG.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, December 28, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 8th instant, stating that in his letter of the 8th ultimo he had informed us that the reports which had been asked for from the Acting Governor of Hong Kong and from Her Majesty's Consul at Canton, relative to the case of the pirate Ho-yu-teen, whose surrender to the Chinese authorities formed the subject of Colonel Sykes' repre- sentation of the 25th of last July, should be referred to us as soon as they should be received, and he was accordingly now directed by your Lordship to transmit to us, with reference to that letter and to our report of the 25th ultimo,* two letters from the Colonial Office, the last enclosing a report from Acting Governor Mercer and two Despatches from Consul Robertson respecting the case of this man, and to request that we would take the same into our consideration, and report to your Lordship our opinion thereupon.

Mr. Hammond was also pleased to state that the Ordinance No. 2 of 1850, under which the Governor of Hong Kong acted in this case, was sent therewith.

In obedience to your Lordship's commands we have taken these papers into our con- sideration, and have the honour to

Report

That, with respect to the general subject of the treaties of extradition between Great Britain and China, we crave leave to refer to our former report.

With respect to this particular case of the man Ho-yu-teen, it appears to us that the Acting Governor of Hong Kong took every precaution in his power to carry the provisions of the treaty of extradition into proper execution. The man was charged, not with piracy, which would be justiciable at Hong Kong, but with robbery, which brought him within the terms of the treaty. The case was properly investigated, and there was abundant evidence to support the decision of the magistrate.

We have the honour to agree with Mr. Cardwell that no blame attaches to Mr.

Mercer in this matter.

Earl Russell, K.G.

We have, &c. (Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

p 16278-87. 25,-2/66.

• No. 370.

PUBLIC RECORD OFFICE

Reference :-

TTILLC.O.

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885

PUBLIC RECORD OFFICE, LONDON

ALLY-WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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