CO885-(11-13) — Page 111

3381.

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No. 805. (Hong KoNG,)

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands signified in Mr. Hammond's

Temple, March 27, 1873. letter of the 22nd instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office covering a Despatch from the Governor of Hong Kong relative to certain proceedings, which were instituted in that Colony against a Chinese Officer by a Chinamar whose extradition he (the officer) had been employed to demand; and he (Mr. Hammond) was to request us to take the papers into consideration and report to your Lordship our opinion as to the instructions that the Colonial Office should be advised to send to the Governor of Hong Kong for his guidance in any similar case that might arise.

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

Report

That, in our opinion, an officer employed to demand the extradition of a foreigner and guilty of offences against the laws of the country to which he is sent, as for instance in the commission or subornation of perjury for the purpose of obtaining that extradition, is liable to and may properly be made amenable to the laws of that country.

There may, however, be public grounds upon which such a course may not be advisable. We are, for the reasons set out in the papers sent to us, of opinion that the Governor of Hong Kong may be instructed that in the case of the misconduct of a Chinese Officer in the discharge of his duty when employed to demand the extradition of a Chinaman, that officer should be sent back for punishment to his own government, and that the Chinaman demanded should not be subject to extradition.

We have, &c.

The Earl Granville, K.G.,

&c.

&c.

&c.

(Signed)

J. D. COLERIDGE. G. JESSEL.

J. PARKER DEANE.

U 16278-898.

25.--5/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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