CO129-078 - Sir Robinson - 1860 [7-12] — Page 290

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

285

undeserved and must fall to the ground. Having exhausted the subject in my former letter, I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of procedure had been followed by Commander ... of the Elbe and application to that effect been made to the Local Authorities, the deserter under the Extradition Treaty doubtless would have been handed over to the Elbe, permit me to repeat what I stated before that such a course probably would have been the legal form of procedure and would have been adopted if the man had remained on board the Sancho Panzi or been residing ashore where the Commander had no right to assert his power without interfering with British Authority; but that there was no necessity for such a proceeding in the present instance, as the man was taken into custody under circumstances where the Commander of the Elbe conscientiously and ... but him legally could do so, and that to apply for subsequent permission to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alone have to decide in the matter.

The voluntary surrender of the man, which you further dwell upon, was at

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285 undeserved and must fall to the ground. Having exhausted the subject in my former letter, I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of procedure had been followed by Commander ... of the Elbe and application to that effect been made to the Local Authorities, the deserter under the Extradition Treaty doubtless would have been handed over to the Elbe, permit me to repeat what I stated before that such a course probably would have been the legal form of procedure and would have been adopted if the man had remained on board the Sancho Panzi or been residing ashore where the Commander had no right to assert his power without interfering with British Authority; but that there was no necessity for such a proceeding in the present instance, as the man was taken into custody under circumstances where the Commander of the Elbe conscientiously and ... but him legally could do so, and that to apply for subsequent permission to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alone have to decide in the matter. The voluntary surrender of the man, which you further dwell upon, was at
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285 undeserved and must fall to the & fall to the ground. Having exhausted the subject in My former letter I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of cedure had been followed by Commander pro. of the- the Elbe and application to that effect been made to the Local - Authorities, the deserter under the- Extradition Freaty doubtless world have been handed over to the Elbe,- permit me to repeat what I stated before that such a course probably woues have been the legal form of procedure and would have been adopted if the man had ~ remained on board the Sancho Panzi or been residing ashore where the Commander had no right to assert his power without interfering with British Authority; but that there was no necessity for such a proceeding in the present instance, instance, as the man was taken into custody under circumstances where the Commander cander of the Elbe conscientiously and nove but him legally Coned do so, and that to apply for subsequent permision to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alove hence for th th conca decide in the matter. The voluntary surrender of the man which you further you further dwell bow, wa at
2026-05-18 19:14:20 · Baseline
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285

undeserved and must fall to the

& fall to the ground. Having exhausted the subject in My former letter I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of

cedure had been followed by Commander

pro.

of

the-

the Elbe and application

to that effect been made to the Local - Authorities, the deserter under the-

Extradition Freaty doubtless world have been handed over to the Elbe,- permit me to repeat what I stated before that such a course probably woues have been the legal form of procedure and would have been adopted if the man had ~ remained on board the Sancho Panzi

or

been residing ashore where the

Commander had no right to assert

his power without

interfering

with

British Authority; but that there was

no necessity for such a proceeding in the present instance,

instance, as the man was taken

into custody under circumstances where the Commander

cander of the Elbe conscientiously

and nove but him legally

Coned do so,

and that to apply for subsequent permision

to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alove hence for th

th conca decide in the matter.

The voluntary surrender of the man

which you further

you further dwell bow,

wa at

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