CO129-118 - Public Offices - 1866 — Page 28

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

26

as we

Court of Hong Kong. It is a thing unprecedented, as far as we are aware, for one nation to hand over to another nation offenders; over whose offences it has itself proper jurisdiction, and over whom it has so far asserted that jurisdiction as to take them into the actual custody of its own officers, on the ground merely that such offenders are subjects and citizens of such other nation. But, alcondly, even if such practice were less questionable on general principles, than it seems to be, we should still hesitate to think that it ought to be adopted, under the circumstances of the actual relations between Great Britain and China.

The extradition of Chinese subjects to the Chinese Government, for crimes not committed within Chinese territory, is certainly not required by the present Treaty engagements between the two countries: and, considering that reciprocal obligations of extradition whatever have been undertaken by the Chinese Government towards ourselves, it scarcely seems prudent to enlarge, by voluntary legislation, our practice of Extradition to China, unless the Chinese Government are at least prepared to make some concession in return, by revising

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26 as we Court of Hong Kong. It is a thing unprecedented, as far as we are aware, for one nation to hand over to another nation offenders; over whose offences it has itself proper jurisdiction, and over whom it has so far asserted that jurisdiction as to take them into the actual custody of its own officers, on the ground merely that such offenders are subjects and citizens of such other nation. But, alcondly, even if such practice were less questionable on general principles, than it seems to be, we should still hesitate to think that it ought to be adopted, under the circumstances of the actual relations between Great Britain and China. The extradition of Chinese subjects to the Chinese Government, for crimes not committed within Chinese territory, is certainly not required by the present Treaty engagements between the two countries: and, considering that reciprocal obligations of extradition whatever have been undertaken by the Chinese Government towards ourselves, it scarcely seems prudent to enlarge, by voluntary legislation, our practice of Extradition to China, unless the Chinese Government are at least prepared to make some concession in return, by revising
Baseline (Original)
26 as we Court of Hong Kong. It is a thing conprecedented, es far are aware, for over one nation to hand to another Nation offenders; over whore offences it has itself. offences it has proper jurisdiction, and over whom it has so far asserted that jurisdiction What such as to take them into the actual custody of its own officers, on the ground, merely such offenders are subjects and citizens of such other nation. But, alcondly, of such were less questionable, -general principles, than it secons practice Ломо tobe, we a on should stitt hesitate so think, that it ought to be adopted, imder the circumstances of the actuat actual relations between Great Butari The extradition and China. of Chinese subjects to the Chinese Goverment, for peracies not, committed within Chinice territory, is certainly not required by the present Thealy engagements ments between "the two countries : and, considering that ло -reciprocal obligations of bytradition whatever have been the Chinese Govern undertaken by -mont towards ourselves, it scarcely seems Deareely prudent to Enlarge, voluntary legretation, oud practice of Extradition to China, unless the hinese Government are at least prepares to make come concession in return, by revising
2026-05-19 13:55:39 · Baseline
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26

as we

Court of Hong Kong. It is a thing conprecedented, es far are aware, for

over

one nation to hand

to another Nation offenders; over whore offences

it has itself. offences it has proper jurisdiction, and over whom it has so far asserted that jurisdiction

What such

as to take them into

the actual custody of its own officers, on the ground, merely such offenders are subjects and citizens of such other nation. But, alcondly, of such

were less questionable, -general principles, than it secons

practice

Ломо

tobe, we

a

on

should stitt hesitate

so think, that it ought to be adopted, imder the circumstances of the

actuat

actual relations between Great Butari

The extradition

and China.

of Chinese subjects to the Chinese Goverment, for peracies not,

committed within Chinice territory, is certainly not required by the present Thealy engagements

ments between "the two countries : and, considering

that

ло

-reciprocal obligations of

bytradition whatever have been

the Chinese Govern

undertaken

by

-mont towards ourselves, it

scarcely seems

Deareely

prudent to Enlarge, voluntary legretation, oud practice of Extradition to China, unless the hinese Government

are at least prepares to make come concession in return, by

revising

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