Possibly they might consent that in cases where the British Govt was prosecutor, torture should be excluded from the trial and from the punishment.
I. As to the extradition of Chinese offenders by British Authorities It seems to be fully agreed that Chinese committing offences in British territory against the Laws of Nations (Birney) and so triable in British Courts, are to be so tried; But when by the Law it is questioned whether the Treaty obligations do not require the extradition of all Classes of Chinese Criminals - even political.
2. It is questioned whether we are bound to deliver prisoners with the knowledge that they will be tortured by way of trial or by way of punishment or both. The Law Officers have differed from themselves (I think) and from one another, about these questions.
Page 395
(I made the following changes: corrected spelling errors ("Goont" to "Govt", "proscenter" to "prosecutor", "Committing offencer" to "committing offences", "ap button" to a likely "Law", "fortured" to "tortured", "bus" to "by", "me" to likely "these", "Sws" to likely nothing as it seems to be a typo or OCR error, and "another" to "one another"), fixed spacing issues, rejoined broken sentences, and formatted the text into proper paragraphs. I also removed the non-English character "མ" as it seems to be an OCR error.)Possibly they might consent
that in cases where the
British Goont was proscenter.
forture should be excluded from the trial and from the punishment..
I. As to the extradition
of Chinese offenders
by British Authorities
It seems to be fully
agreed that Chinese
Committing offences in
British territory
Committing offencer against the Laws
Nations (Birney ) and so triable in British Courts,
are to be so fried; But.
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ap button on this
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It is questioned
395
whether the Treaty
obligations do not aque
the extradition of all Classes & Chinen,
of Criminals -
even political.
2.
It is questioned
whether we are bound
to deliver prisoners with the knowledge that they will be fortured bus
way of trial ar
by way
of punishment or both The Law Officers have
differed from themselves (I think) and from
another, about these
me
Sws questions .
But
iz
1.
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