CO885-(10-11) — Page 875

2280.

MY LORD,

No. 690.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, February 28, 1871. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of this day's date, stating that he was directed to transmit to us the accom- panying letter from the Colonial Office, relative to a claim of the Government of Hong Kong for the extradition of a prisoner charged with murder, and he was to request that we would take this letter into our immediate consideration, and furnish your Lordship with our opinion thereon.

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

Report

That it does not seem very clear whether the Hong Kong Government or the French Government demands the surrender of the prisoner, but we infer that the French Government claims the extradition of a person accused of murder who has fled to Hong Kong. In that assumption we see no objection to his being surrendered, if he has committed a murder within French jurisdiction (see Extradition Treaty of February 18, 1843, 6 Hertslet, p. 345), and if the evidence is forthcoming, as agreed upon by treaty and sauctioned by Act of Parliament (6 & 7 Vict. c. 75.), 6 Hertslet, p. 448.

As to the question which we understand to be asked with respect to the correctness of the opinion of our predecessors of September 21, 1852, we have to say that if that opinion is taken to refer to the jurisdiction of the Colonial court to try the offence of murder, we think it correct, but if the offence was one of piracy (a view of the case which does not appear to have been considered) we think it open to question.

The Earl Granville, K.G.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE.

TRAVERS TWISS.

0

16275.-717.

25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

PELLIC.O. 885

بلسيليني

11 PUBLIC RECORD OFFICE, LONDON

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