CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 310

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

The United States Consul invokes the aid of the Executive of the Colony to detain here on British Territory (for the purpose of transmission for trial before an American tribunal) certain American Citizens charged with an offence committed on board an American Ship on the high Seas, or in other words committed within the jurisdiction of the United States; and he bases that application on the ground that by intendment of Law those persons though landed here have never been beyond the control of the United States Authorities. " In that view I cannot concur.

Foreign Consuls have not in ordinary Ports judicial power over the Subjects of their own country which in certain places, as for instance the ports of China, is allowed them by Treaty; and if the Prisoners had been landed at Canton there would have been no difficulty, but from the moment they were landed in this Colony they ceased to be within the jurisdiction of the United States and their position was altered to that of persons "found within the territories of Great Britain" according to the terms and meaning of the Extradition Treaty; for the expression "found" within the jurisdiction has been held...

Page 307


has been held to apply to persons who are within the territory.

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The United States Consul invokes the aid of the Executive of the Colony to detain here on British Territory (for the purpose of transmission for trial before an American tribunal) certain American Citizens charged with an offence committed on board an American Ship on the high Seas, or in other words committed within the jurisdiction of the United States; and he bases that application on the ground that by intendment of Law those persons though landed here have never been beyond the control of the United States Authorities. " In that view I cannot concur. Foreign Consuls have not in ordinary Ports judicial power over the Subjects of their own country which in certain places, as for instance the ports of China, is allowed them by Treaty; and if the Prisoners had been landed at Canton there would have been no difficulty, but from the moment they were landed in this Colony they ceased to be within the jurisdiction of the United States and their position was altered to that of persons "found within the territories of Great Britain" according to the terms and meaning of the Extradition Treaty; for the expression "found" within the jurisdiction has been held... Page 307 has been held to apply to persons who are within the territory.
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کھتے مجھے the case. The United States Consul inorkes the aid of the Excentive of the Colony to prettin here on Shritish Territory (for the purpose of transmission for trish an American tribunal) certain American Citizens charged before with au во offence committed on bradd an American Ship on the high Seas, or in other word committed within the jurisdiction of the United Stats; and he bases that application on the ground that by intendment of Low hose persons though landed here" have never been beyond the control of the United States Authoritus. " In that view I cannot concur._ 307 Foreign Consuls have not im troughing that Ports judicial power over the Subjects. of their own country which in certain places, as for instance the gren china, is allowed them by Freaky; and if the Prisoners had been landed of at Canton there would have been Mo they difficulty, but from the moment were Cruded in this Colony they ceased to be within the jurisdiction of the United States and their position was altered to that of persons" found within the territories of Great Britain" according to the terms and meaning of the Extradition Treaty; for the expression "found" within the jurisdiction has been leade
2026-05-19 17:23:27 · Baseline
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کھتے مجھے

the case.

The United States Consul inorkes the aid of the Excentive of the Colony to prettin here on Shritish Territory (for

the purpose of transmission for trish

an American tribunal) certain American Citizens charged

before

with

au

во

offence committed on bradd

an American Ship

on

the high

Seas, or in other word committed within the jurisdiction of the United Stats; and he bases that application on the ground that by intendment of Low hose persons though landed here" have never been beyond the control of the United States Authoritus. " In that view I cannot concur._

307

Foreign Consuls have not im troughing

that

Ports

judicial power over the Subjects. of their own country which in certain places, as for instance the gren

china, is allowed them by Freaky; and if the Prisoners had been landed

of

at Canton there would have been

Mo

they

difficulty, but from the moment were Cruded in this Colony they ceased to be within the jurisdiction of the United States and their position was altered to that of persons" found within the territories of Great Britain" according to the terms and meaning of the Extradition Treaty; for the expression "found" within the jurisdiction has been leade

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