CO129-120 - Sir MacDonnell - 1867 [1-2] — Page 450

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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by the Chinese Authorities under the Treaty of Tientsin for the rendition of refugee criminals, and the subsequent unexpected result of a conformity to those instructions in the case of a notorious Criminal Awok. Leong. Hee Surrendered

448 efficient which is created the great impediment to an Administration of Justice by the existing Chinese Law of evidence. That Law requires apparently that a prisoner should confess his guilt before conviction by the Chinese Tribunals. Therefore without the application of torture such conviction cannot be obtained in Serious Cases involving Capital punishment, and hence the inevitable result follows, namely, that the worst criminals by refusing to confess, whilst they are at the same time protected by the guarantee of against the application of torture, not merely escape punishment but actually obtain free quarters for life. with a chance of

I reported in my despatch N. 58 of the 11th June last- have now the honor to enclose for Your Lordship's information Copy of a despatch addressed by me on the 8th instant to Her Majesty's Minister at Pekin. Your Lordship will observe that I have fully detailed the position in which I am and must necessarily always find myself placed in regard to such refugees, and have pointed out

7496/06

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by the Chinese Authorities under the Treaty of Tientsin for the rendition of refugee criminals, and the subsequent unexpected result of a conformity to those instructions in the case of a notorious Criminal Awok. Leong. Hee Surrendered448 efficient which is created the great impediment to an Administration of Justice by the existing Chinese Law of evidence. That Law requires apparently that a prisoner should confess his guilt before conviction by the Chinese Tribunals. Therefore without the application of torture such conviction cannot be obtained in Serious Cases involving Capital punishment, and hence the inevitable result follows, namely, that the worst criminals by refusing to confess, whilst they are at the same time protected by the guarantee of against the application of torture, not merely escape punishment but actually obtain free quarters for life. with a chance ofI reported in my despatch N. 58 of the 11th June last- have now the honor to enclose for Your Lordship's information Copy of a despatch addressed by me on the 8th instant to Her Majesty's Minister at Pekin. Your Lordship will observe that I have fully detailed the position in which I am and must necessarily always find myself placed in regard to such refugees, and have pointed out7496/06Page 450Page 451
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by the Chinese Authorities under the Treaty of Tientsin for the rendition of refugee criminals, and the subsequent unexpected result of a conformity to those instructions in the casenotre of a notorious. Criminal Awok. Leong. Hee Surrendered448 efficient which is created the great impediment to an Administration of Justice by the existing Chinese Law of evidence. That Law requires apparently that a prisoner should confess his guilt before by melastJunecub reported in myI58 despatch N. 58 of the 11th June last- have now the honor to enclose for Your Lordship's information Copy of a despatch addressed byHer2.Majesty's me on the 8th instant to Minister at Pekin. Your Lordship will observe that I have fully detailed the position in which I am and must necessarily always find myself placed in regard and have pointed outsuch refugees,to7496/06conviction by the Chinese Tribunals.Therefore without the application of torturesuch conviction cannot be obtained inSerious Casesinvolving Capital punishment,and hence the inevitable result follows,namely, that the worst criminals bysame time protected by therefusing toconfess,whilsttheyare at thequarantee ofagainst thethe Chinese Authoritiesapplication of torture, not merely escapepunishment but actually obtain freequarters for life. with a chance ofPage 450Page 451
2026-05-19 16:35:58 · Baseline
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by the Chinese Authorities under the Treaty of Tientsin for the rendition of

refugee

criminals, and the subsequent

unexpected result of a conformity to those

instructions in the case

notre

of

a notorious.

Criminal Awok. Leong. Hee Surrendered

448

efficient

which is created

the

great impediment to

an

Administration of

Justice

by the

existing

Chinese Law of evidence.

That Law requires apparently that a

prisoner should

confess

his

guilt before

by

me

last

June

cub

reported in

my

I

58

despatch N. 58 of the 11th June last-

have now the honor to enclose for Your Lordship's information Copy of a despatch

addressed by

Her

2.

Majesty's

me on

the 8th instant to

Minister at Pekin.

Your Lordship will observe that

I have fully detailed the position in which I am and must necessarily always find myself placed in regard

and have pointed out

such refugees,

to

7496/06

conviction by the Chinese Tribunals.

Therefore without the application of torture

such conviction cannot be obtained in

Serious Cases

involving Capital punishment,

and hence the inevitable result follows,

namely, that the worst criminals by

same time protected by the

refusing to

confess,

whilst

they

are at the

quarantee of

against the

the Chinese Authorities

application of torture, not merely escape

punishment but actually obtain free

quarters for life. with a chance of

Page 450Page 451

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