CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 306

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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The professional opinions of the learned Gentleman who so worthily holds the position of legal adviser to the Colonial Government, I must nevertheless be permitted to submit that the present case is not one to which the stipulations and provisions of the Extradition Treaty have applicability.

To my view, it does not present itself as in the case of fugitives from justice, who, having committed crime within the United States, and fled therefrom, seek asylum in British territory. The criminal acts charged having been committed on board an American ship on the high seas, and the offenders having been brought on board the same ship in due course of her voyage and having been here rendered to the American Consul, make it clear to my mind that, as to the offences charged, these offenders, by legal intendment, have never been beyond the control of the United States Authorities, nor outside of their jurisdiction.

So far from having committed offence against the laws of the United States, fled therefrom and sought asylum in the territory of Great Britain, the facts contemplated by the provisions of the Extradition Treaty before its applicability can have...


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The professional opinions of the learned Gentleman who so worthily holds the position of legal adviser to the Colonial Government, I must nevertheless be permitted to submit that the present case is not one to which the stipulations and provisions of the Extradition Treaty have applicability. To my view, it does not present itself as in the case of fugitives from justice, who, having committed crime within the United States, and fled therefrom, seek asylum in British territory. The criminal acts charged having been committed on board an American ship on the high seas, and the offenders having been brought on board the same ship in due course of her voyage and having been here rendered to the American Consul, make it clear to my mind that, as to the offences charged, these offenders, by legal intendment, have never been beyond the control of the United States Authorities, nor outside of their jurisdiction. So far from having committed offence against the laws of the United States, fled therefrom and sought asylum in the territory of Great Britain, the facts contemplated by the provisions of the Extradition Treaty before its applicability can have... Page 302
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profesional opinions of the learned Gentleman who so worthily holds the position of legal advises to the Colonial Government, I must nevertheless be permitted to submit that the present case is not one to which the stipulations and provisions of the Extradition Treaty have applicability.- itself To my view it does not present as in case of fugitives from justice, who, having committed crime within the United States, and fled therefrom, seek asylum in British territory. The Griminal acts charged having been committed board an Americans this on the on 302 high Seas, and the offenders having been. brought on board the same ship inb this fort in due course of her and having been here rendered to the · American Consul, make it clear to voyage my mind that, as to the offences charged, these offenders, by legali intendment, have never been beyond the control of the United States Authorities, nor outside of their jurisdiction._ So for from having committed offence against the laws of the Mited States, fled therefron and sought asylum in the territory of Great Britain, facts contemplated the Extradition Treaty before its by provisions can have applicabilil,
2026-05-19 17:23:09 · Baseline
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profesional opinions of the learned Gentleman who so worthily holds the position of legal advises to the Colonial Government, I must nevertheless be permitted to submit that the present case is not one to which the stipulations and provisions of the Extradition Treaty have applicability.-

itself

To my view it does not present

as in case of fugitives from justice, who, having committed crime within the United States, and fled therefrom, seek asylum in British territory. The Griminal acts charged having been committed

board

an Americans this on the

on

302

high Seas, and the offenders having been. brought on board the same ship inb this fort in due course of her and having been here rendered to the

· American Consul, make it clear to

voyage

my mind that, as to the offences charged, these offenders, by legali intendment, have

never been beyond the control of the United States Authorities, nor outside of their jurisdiction._ So for from having committed offence against the laws of the Mited States, fled therefron and sought asylum in the territory of Great Britain, facts contemplated the Extradition Treaty before its

by

provisions

can have

applicabilil,

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