CO129-008 - Foreign Office - 1844 — Page 73

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have thought it necessary to advert in my correspondence with you to this transaction, if I had not observed certain expressions in Sir Henry Pottinger's despatch, and in his observations upon the case, which point to the existence of a state of things as regards the question of British Jurisdiction over the Chinese population in Hong Kong, of which Her Majesty's Government are not sufficiently informed

The papers noted in the margin Inclosures 30, 31 in will shew you between what passed Sir Henry Pottinger and the Chinese authorities J38 Heclosure 3, 3, 4, 14 in 32054 hos 45054 Polision Inclosure 16 in h07 80, 18, 19, 20 in 2024 Do. 8 in ch 85 nos 59492 on this question of Jurisdiction between the signature of the Treaty of Nanking and the 27th of July last, the date of his despatch No 92 1842 : - this last mentioned despatch Sir Henry Pottinger says that he have succeeded in providing for & having complete Police authority over "all classes; but those who are best informed "of the Laws and customs of China, seem to be of opinion "that the Imperial Commission dare not give us power to punish in Capital cases, at least not in writing"

I observe however in Sir Henry Pottinger's minute on the proceeding before the Chief Magistrate of Hongkong in the case of the murder referred to in his despatch to Lord Stanley a statement that the Chinese Government have waved the right they first assumed of trying persons (residing on the island of Hong Kong