and China the rendition of Chinese)
Subjects only has been stipulated for? 2. If
no such general
right exists then as in the présent case the prisoner did not intend to remain in Hong Kong
Hong Kong but to pass
ow as
soon as his Ship could be made ready _ _Had the Governor of Hong Kong the right to surrender him,
a
even
although
HOL
such right may
_Resident owing at least temporary Allegiance to Her Majesty the Queen?
exist in the case
In obedience to your
we
have taken
Grace's commands these papers into consideration and have the honour to Report.
1. We
answer
this
That
question
in
the negative . According to the Law
of
of England (which is also the Law?
Hong Kong) crimes committed Foreign Countries by Foreigners are not cognizable before British Tribunals; that it would not
mw
-
the Sarusian
be competent to the Supreme Court of Hong Kong to my Juan Fastor for the outrages stated to have been committed by him in Chinese waters, or on
land being
portion of the territories of China . The power of mutual surrender of Malefactors as between the British Government and any other State, entirely depends upon Treaty : and the Extradition Treaty between Great Britain and China is restricted to the surrender by either Government to the other of subjects of such other; and cannot, therefore, afford any
Peruvian or other Foreign subjects.
of
sanction to the surrender
9. No
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