CO129-003 - Foreign Office - 1843 — Page 172

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Also enclosing a letter from the Colonial Office, pointing out the inconvenience and embarrassment which are likely to result from an acquiescence in the pretensions of the Chinese Govt and the Draft of an Answer which has been prepared in that letter. Your Lordship requests that we would take these papers into consideration & report Your Lordship's opinion upon the Draft, when your answer shall be returned to the Colonial Office.

Mr. Addington further states that Your Lordship is, however, aware that there are some matters of importance still unprovided for by this Draft, and which are adverted to in the Letter from the Colonial Office, namely what course is to be taken with regard to cases in which a British & Chinese Subject may be engaged together in the commission of a crime. That the act may be regarded as a capital offence by British Law, and as comparatively trivial by Chinese Law, or is capital punishment to be inflicted on one of the Parties, and the other to be slightly punished for the same act!

Again, in case an injury has been committed against the person, or property of a British Subject by a Chinese, where a possession of the Crown has been committed against the Life, person, or property of a British Subject by a Chinese, would it be possible to insist on reparation to the effect of the Chinese Law alone? That this might perhaps be necessary and unavoidable on Chinese Territory, but could it be tolerated under British Jurisdiction?

Your Lordship is pleased to request that

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Also enclosing a letter from the Colonial Office, pointing out the inconvenience and embarrassment which are likely to result from an acquiescence in the pretensions of the Chinese Govt and the Draft of an Answer which has been prepared in that letter. Your Lordship requests that we would take these papers into consideration & report Your Lordship's opinion upon the Draft, when your answer shall be returned to the Colonial Office. Mr. Addington further states that Your Lordship is, however, aware that there are some matters of importance still unprovided for by this Draft, and which are adverted to in the Letter from the Colonial Office, namely what course is to be taken with regard to cases in which a British & Chinese Subject may be engaged together in the commission of a crime. That the act may be regarded as a capital offence by British Law, and as comparatively trivial by Chinese Law, or is capital punishment to be inflicted on one of the Parties, and the other to be slightly punished for the same act! Again, in case an injury has been committed against the person, or property of a British Subject by a Chinese, where a possession of the Crown has been committed against the Life, person, or property of a British Subject by a Chinese, would it be possible to insist on reparation to the effect of the Chinese Law alone? That this might perhaps be necessary and unavoidable on Chinese Territory, but could it be tolerated under British Jurisdiction? Your Lordship is pleased to request that Page 167
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"Also enclosing a letter from the Colonial Affice, pointing out the inconvenience and embarrassment which are likely to reialt from an acquiescence in the pretensions of the Chinese Goot and the Draft of an Answer which has been prepared & that letter. Your Lordship request that we would take there papers into consideration & report Lordship opinion upon the your answer Abe returned to the Colonial Office. Mr. Addington further states that your Lordship is, however, aware that there are some matters of importance stile unprovided for by this Draft, and which are adverted to in the Letter from the Colonial Office, samely what course is to be taken with regard to cases in which a British & Chinese Subzeit may 167 may be engaged together in the commission of a (zime. That the rad may be regarded as a capital offence by British Law, and as comparatively sonial by Chinese Law, or the is capital punishment to be inflicted on one of the Parties, and the other to be slightly punished for the same act!" vverse. In such a case is Again, on an injury a where: a possession of the Crown has been committed against the a British Subject Life, peroon, or property of a Bükit Sabzat by a Chinese, would it be possible to kust be for reparation to the effect of the Chinese Law alone? That this might perhaps necessary and unavoidable on Chinese Territory, but could it be tolerated under British Juridiction? Your Lordship in pleased to request that
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"Also enclosing a letter from the Colonial Affice, pointing out the inconvenience and embarrassment which are

likely to reialt

from an acquiescence in the pretensions of the Chinese Goot and the Draft of an Answer which has been prepared & that letter. Your Lordship request that we would take there papers into consideration & report

Lordship

opinion upon the

your answer Abe returned to the Colonial Office.

Mr. Addington further states that

your Lordship is, however,

aware

that there

are some matters of importance stile unprovided for by this Draft, and which are adverted to in the Letter from the Colonial Office, samely what course is to be taken with regard to cases in which a British & Chinese Subzeit

may

167

may be engaged together in the commission

of a (zime. That the rad

may be regarded as a capital offence by British Law, and as comparatively sonial by Chinese Law, or the is capital punishment to be inflicted on one of the Parties, and the other to be slightly punished for the same act!"

vverse. In such a case is

Again, on

an

injury

a

where:

a possession of the Crown has been committed against the a British Subject Life, peroon, or property of a Bükit Sabzat by a Chinese, would it be possible to kust

be

for reparation to the effect of the Chinese Law alone? That this might perhaps

necessary

and unavoidable on Chinese

Territory, but could it be tolerated

under British Juridiction?

Your Lordship in pleased to request

that

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