CO129-003 - Foreign Office - 1843 — Page 97

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

4. U. Addington

It seems & due & make it impolitic to delay any longer constituting as proposed a legislative authority in Hongkong, at least I apprehend that according to the law as declared in the Creole case when once it has become a British Colony the executive authorities will have no power of extradition for offences committed in China much less for offences committed on British territory.

Her Majesty in exercise of her prerogative and with such conditions as Parliament may enact has acquired to herself such validity. If such arrangement should not be made for the protection of the I.O. be written on this subject.

Feb. 1843.

94 B. Fathen

20 07 Lord Stanley -21 AP43.

I am directed by Lord Stanley to acknowledge the receipt of yours of the 10th Instant, enclosing extracts of a correspondence which had passed between Sir H. Pottinger and the Chinese Commissioners on the subject of the Jurisdiction to be exercised over the Chinese Residents.

Extracts of a despatch from Sir H. Pottinger on the same subject treat of that, to request and observe to Lord Aberdeen that the Chinese Commissioners have signified to Sir Henry Pottinger their willingness to agree that all Chinese people, whether permanent residents or sojourners, on the Island of Hong-Kong, when accused of crimes involving capital punishment, shall be handed over to the Chinese authorities for trial.

It is observed that the conception made by Sir H. Pottinger that a person committing a grave offence within the Queen's Dominions at Hong Kong shall be amenable to the Queen's Courts, but is to be delivered over to the Chinese for trial. Suppose the case of an Englishman murdered by a Chinese, it is felt that the author of such a crime should be amenable to the Queen's Courts. Suppose justice is to be administered, and how is the Chinese Court to be satisfied? How is the Public mind to be satisfied? Suppose an action is brought under our law, much doubt collectively arises as to whether they should answer to them all. Many other difficulties might be raised. Perhaps the penalty? Many difficulties arise.

It is felt that this question of jurisdiction could seem to demand careful consideration of the peculiar circumstances which have been made by Sir H. Pottinger. The existence of such an arrangement as to the difficulties which may result is unavoidable under the advice of counsel.

I quite agree with Sir H. Stephen in the cases

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4. U. AddingtonIt seems & due & make it impolitic to delay any longer constituting as proposed a legislative authority in Hongkong, at least I apprehend that according to the law as declared in the Creole case when once it has become a British Colony the executive authorities will have no power of extradition for offences committed in China much less for offences committed on British territory.Her Majesty in exercise of her prerogative and with such conditions as Parliament may enact has acquired to herself such validity. If such arrangement should not be made for the protection of the I.O. be written on this subject.Feb. 1843.94 B. Fathen20 07 Lord Stanley -21 AP43.I am directed by Lord Stanley to acknowledge the receipt of yours of the 10th Instant, enclosing extracts of a correspondence which had passed between Sir H. Pottinger and the Chinese Commissioners on the subject of the Jurisdiction to be exercised over the Chinese Residents.Extracts of a despatch from Sir H. Pottinger on the same subject treat of that, to request and observe to Lord Aberdeen that the Chinese Commissioners have signified to Sir Henry Pottinger their willingness to agree that all Chinese people, whether permanent residents or sojourners, on the Island of Hong-Kong, when accused of crimes involving capital punishment, shall be handed over to the Chinese authorities for trial.It is observed that the conception made by Sir H. Pottinger that a person committing a grave offence within the Queen's Dominions at Hong Kong shall be amenable to the Queen's Courts, but is to be delivered over to the Chinese for trial. Suppose the case of an Englishman murdered by a Chinese, it is felt that the author of such a crime should be amenable to the Queen's Courts. Suppose justice is to be administered, and how is the Chinese Court to be satisfied? How is the Public mind to be satisfied? Suppose an action is brought under our law, much doubt collectively arises as to whether they should answer to them all. Many other difficulties might be raised. Perhaps the penalty? Many difficulties arise.It is felt that this question of jurisdiction could seem to demand careful consideration of the peculiar circumstances which have been made by Sir H. Pottinger. The existence of such an arrangement as to the difficulties which may result is unavoidable under the advice of counsel.I quite agree with Sir H. Stephen in the cases
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****4. U. AddingtonmastZt it seems & eue & make it impopitle to delay any longer constituting as proposes legislative authority inproposed by Mr. Stephen Hongkong, at least Jappre= - hend that according to the law as declared in the CreoleLove case when once it has become. a British Colony the executive authorities will have no power of Textradition for offences committed in Cheria much less for offences committed on Beikih SemitryteenJet.Her velziele in me of Inaly, àexclusing.the band18.0.at pant thinsen andinto with dach condities, lapsenben an Act of Patients he aquired to hireSuchit vvalidity: Ifnecer prakarrangeme13 FelShould not For yGA for the profond the 7.0. be written this saljestچہFeb. 1843.94 B. Fatihenизвежда з20 07 Lord Stanley -21 AP43.I am directed7 by Lord Stanley Letter of the 10th Instant, anchoringacknowledge the recepts of gousExtracts.between Sei & Pottinger of a correspondence which had passed I the Chinese the dusty of BankingPlenssistentiones since the sequatuors of the subjectthe Chinese Residents. of the Jurisdiction to be verneed over 8: Fazer FunExtracts of a despatele from Sir H?Pottinges the same مه کاره به حفرhord-Santry treats onetival goe that, to requentnd observe to Lond Aberdeen Chinese Commisioners and Vive Ray, his signified to the175 Sep 1842. herin See Howay Pollinger's Letter of Henry willingness to agras that adl Chinese People, whether permanent Residento secarnal Selationssojon mers, the Island punishment, shall be handed crimes, involving Capitalof Hong-Kory, when accusedserionsنکردهother severaKataگرونه725. Hopenlead to difficulties, alonost insuperable. If. that the concepcion made Queen's Dominions at Hong kongcommit aFer grave offencehe is shall, within be amenable to the Queen's Courts, but is to be delivered voor to the Chinese for trial. Suppose the caveChinese7should not be of an Englishman murdered by fil that the Author of such on the Queen's Courts. Sufforeustice to be endrefnd, and how is theto the Chinese Pèsones.the Chinese Court to be jour How is theJone Public minthe Chinese to be to be retisfied. Suspore an action a crone under our much decount collectively Cocky of sothat they swer to them all. enght be raised. Perhaps the = panity ? Many other difficultiebe free to do such actions withLaw, and not under his own. Is it to2.4Chie29 69Jifficultynot07 this question of fouisdiction could seem to demand careful of juding this which has been made by Seitt Pottinger,peculiar cir-athe. The existebow such an arrangement asas to the difficulties which an this dresultIn unavoidder the th of counselI quite agree with her. Stephen the cases
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****

4. U. Addington

mast

Z

t it seems & eue & make it impopitle

to delay any longer constituting as proposes

legislative authority in

proposed by Mr. Stephen Hongkong, at least Jappre= - hend that according to the law as declared in the Creole

Love

case when once

it has become.

a

British Colony the executive authorities will have no power of Textradition

for offences committed in Cheria much less for

offences committed on Beikih Semitry

teen

Jet. Her velziele in me of Inaly, à

exclusing.

the band

18.0.

at pant thinsen

and into with

dach condities, lapsenben an Act of Patients he aquired to hire

Such

it v

validity: Ifnecer prak

arrangeme

13 Fel

Should not

For y

GA

for the profond

the 7.0. be written

this saljest

چہ

Feb. 1843.

94

B. Fatihen

извежда з

20

07

Lord Stanley -21

AP43.

I am directed

7

by Lord Stanley

Letter

of the 10th Instant, anchoring

acknowledge the recepts of gous

Extracts.

between Sei & Pottinger of a correspondence which had passed

I the Chinese

the dusty of Banking

Plenssistentiones since the sequatuors of

the subject

the Chinese Residents.

of the Jurisdiction to be verneed over

8: Fazer Fun

Extracts of a despatele from Sir H?

Pottinges

the same

مه کاره به حفر

hord-Santry treats one

tival goe

that,

to requent

nd observe to Lond Aberdeen

Chinese Commisioners and Vive Ray, his signified to the

175 Sep 1842. her

in See Howay Pollinger's Letter of

Henry

willingness to agras

that adl Chinese

People, whether permanent Residento se

carnal Selations

sojon mers,

the Island

punishment, shall be handed

crimes, involving Capital

of Hong-Kory, when accused

serions

نکرده

other severa

Kata

گرونه

725. Hopen

lead to difficulties, alonost insuperable. If. that the concepcion made

Queen's Dominions at Hong kong

commit a

Fer

grave offence he is shall, within

be amenable to the Queen's Courts, but is to be delivered voor to the

Chinese for trial. Suppose the cave

Chinese

7

should not be

of an Englishman murdered by

fil that the Author of such

on the Queen's Courts.

Suffore

ustice to be endrefnd, and how is the

to the Chinese Pèsones.

the Chinese Court to be jour

How is the

Jone Public min

the Chinese to be

to be retisfied. Suspore

an

action

a crone under our

much decount collectively Cocky of so

that they

swer to them all.

enght be raised. Perhaps the

= panity ? Many other difficultie

be free to do such actions with

Law, and not under his own. Is it to

2.4

Chie

29 69

Jifficulty

not

07

this question of fouisdiction could seem to demand careful

of juding this

which has been made by Seitt Pottinger,

peculiar cir-

athe. The existe

bow such an arrangement as as to the difficulties which an this dresult

In unavoid

der the th of counsel

I quite agree with her. Stephen

the cases

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