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. Addington
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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
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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
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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
は
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
ぞ
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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