CO129-006 - Sir John Davis - 1844 — Page 367

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

pirate Chintão, noticed in my Despatch No: 31 of the 25th June, I have received the enclosed from the Surperial Commissioner Keying, in which he altogether evades the question of sending him back according to Express agreement, and observes that he will be executed with the other offenders. Though the ends of Justice will be equally answered, I cannot but look upon this as a breach of good faith, and shall be more cautious ever than hitherto as to the delivery of prisoners to the Authorities on the mainland.

An attempt has been made lately evidently for the express purpose of trying my firmness on this question of jurisdiction, and there is presumption that the accused person is perfectly innocent. An application was some time since made to Major Caine, the Chief Magistrate, by the Commandant at Kowloon to send over a principal inhabitant of one of our Houghing villages, to be tried on an accusation of Piracy. As there was no Evidence whatever against the man, Major Caine very properly refused to send him, after arrest and Examination referred the question to me.

I returned for answer that by the Treaty an accused person could be delivered up only on proof or admission of his guilt. This person moreover was not a refugee from the Chinese side, but an old inhabitant of Hongkong, and Constable of a village, under British appointment. He had lately received a sum of money in Compensation for land on which the cultivation of rice had been forbidden,

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Caine,

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pirate Chintão, noticed in my Despatch No: 31 of the 25th June, I have received the enclosed from the Surperial Commissioner Keying, in which he altogether evades the question of sending him back according to Express agreement, and observes that he will be executed with the other offenders. Though the ends of Justice will be equally answered, I cannot but look upon this as a breach of good faith, and shall be more cautious ever than hitherto as to the delivery of prisoners to the Authorities on the mainland. An attempt has been made lately evidently for the express purpose of trying my firmness on this question of jurisdiction, and there is presumption that the accused person is perfectly innocent. An application was some time since made to Major Caine, the Chief Magistrate, by the Commandant at Kowloon to send over a principal inhabitant of one of our Houghing villages, to be tried on an accusation of Piracy. As there was no Evidence whatever against the man, Major Caine very properly refused to send him, after arrest and Examination referred the question to me. I returned for answer that by the Treaty an accused person could be delivered up only on proof or admission of his guilt. This person moreover was not a refugee from the Chinese side, but an old inhabitant of Hongkong, and Constable of a village, under British appointment. He had lately received a sum of money in Compensation for land on which the cultivation of rice had been forbidden, Page 362 End: 10:2 Caine,
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pirate Chintão, noticed in my Despatch No: 31 of the 25th June, Thave received the enclosed from the Surperial Commissioner Keying, in which he altogether evades the question of sending him back aconding Express agreement, and observes that he will be executed with the other to the of Offenders. Though the rnds of Justice. with be equally answered, I cannot bet look upon this at a breach of good faith, and shall be more cautions Ever than tour as to the delivery of prisoners to the Authorities on the mainland. An attempt has been made lately evidently for the express purpose of trying my firmness on this question of jurisdiction, and there is presumption that the accused person is perfectly innocent. An application was some time since made to krajor Every Caine End: 10:2 Caine, the Chief Magistrate, by the 362 Commandant at Kowloon to send over a on an principal inhabitant of me of our Houghing villages, to be tried. accusation of Pracy. Ces there was no Evidence whatever against the As man, Major Caine very properly refused to send him, after arrest and Examination referred the question to me. Ireturned for answer that by the and r Treaty an acc - an accused person couts be delivered up only on proof or admission of his : quilt. This person morcover was. not a refugee from the Chinese side, but an old inhabitant of Hongthong, and Constable of a village, under British received appointment. He had lately a sum of money in Compensation of land on which the cultivation of rice had been forbidden, ared
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pirate Chintão, noticed in my Despatch No: 31 of the 25th June, Thave received the enclosed from the Surperial Commissioner Keying, in which he altogether evades the question of sending him back aconding

Express agreement, and observes that he will be executed with the other

to the

of

Offenders. Though the rnds of Justice. with be equally answered, I cannot

bet look upon

this

at a

breach of good faith, and shall be more cautions

Ever

than tour as to the delivery of prisoners

to the Authorities

on the mainland.

An attempt has been made lately evidently for the express purpose of trying my firmness on this question of jurisdiction, and there is presumption that the accused person is perfectly innocent. An application was some time since made to krajor

Every

Caine

End: 10:2

Caine, the Chief Magistrate, by the

362

Commandant at Kowloon to send over a

on an

principal inhabitant of me of our Houghing villages, to be tried. accusation of Pracy. Ces there was no Evidence whatever against the

As

man,

Major Caine very properly refused to send him, after arrest and Examination

referred the question to me.

Ireturned for answer that by the

and r

Treaty an acc

- an accused person couts be delivered up only on proof or admission

of his

: quilt. This person

morcover was.

not a refugee from the Chinese side, but an old inhabitant of Hongthong, and Constable of a village, under

British

received

appointment. He had lately a sum of money

in

Compensation of land on which the cultivation of rice had been forbidden,

ared

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