CO129-089 - Public Offices - 1862 — Page 195

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

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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