CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 52

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

49

save that it

may

documents submitted to

be questioned whether

a

will be seen

other instrument can tatre

Treaty or any away by implication

an inherent right.

· The only leto points requiring forther slucidation are our rendition of Criminalo withiont guarantee against torture, and the rendition by the Chinese Government

of criminals who have cocaped from

Henghing.

to note

a

desire

Before lonching on these I decivo

slight clerical mistake in

Your

Excellency's third paragraph, the despatch

Keph

by

me

back

by

the lemont being one addreford

to the bantin authorities.

Also as

to the denial of

the Queen's

Severeign rights, it was not to myself only

that this so

appeared, but in one

of

the

Your Excalteney it

that the same view was latin by

the acting Attorney General

who

adrised

that it should be prolested against

As

a

legal opinion

paint this is important.

First then

as

on a

strictly legal

to the rendition of

Criminals without guarantee against torture,

You

with see that the Scoutary of State for the Colonies only refers to Chinese Pirates

brought jurisdiction, but it is a question which I have already submitted to the Secutary of State whether any prisonces whatever shined) - be surrendered mittimub suck quaranted.

under certain conditions within our

without

ms in

this head,

Pending

ding instin

instrations

I nest in the hope that no case may ari.

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