CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 311

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

a decided to include the case of a person forcibly brought within the jurisdiction (Reg: 1. Lopez and Ray: Sattler 1 D. & D. Crim Cx: 525.).—

There is no doubt that in the absence of any treaty or tradition, every State, although under no obligation to surrender foreign criminals, has the right to do so, and many states have exercised that right where the crime has been of a heinous character, as in the case of the surrender of Arquelles by the United States Government to that of Spain in 1864.

— Dut Great Britain and the United States having specifically agreed by Treaty as to the particular circumstances under which the mutual surrender of criminals shall take place, it appears to me that no application for the arrest or detention on extradition of American citizens within British jurisdiction be entertained, founded on the general comity of nations or anything dehors the Treaty.

The prisoners in question seem to have been handed over to the police authorities of the Colony upon a charge which nobody at present is forthcoming to substantiate, and there can be no doubt that if they were to take out a Writ

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a decided to include the case of a person forcibly brought within the jurisdiction (Reg: 1. Lopez and Ray: Sattler 1 D. & D. Crim Cx: 525.).— There is no doubt that in the absence of any treaty or tradition, every State, although under no obligation to surrender foreign criminals, has the right to do so, and many states have exercised that right where the crime has been of a heinous character, as in the case of the surrender of Arquelles by the United States Government to that of Spain in 1864. — Dut Great Britain and the United States having specifically agreed by Treaty as to the particular circumstances under which the mutual surrender of criminals shall take place, it appears to me that no application for the arrest or detention on extradition of American citizens within British jurisdiction be entertained, founded on the general comity of nations or anything dehors the Treaty. The prisoners in question seem to have been handed over to the police authorities of the Colony upon a charge which nobody at present is forthcoming to substantiate, and there can be no doubt that if they were to take out a Writ Page 308

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a decided to include the case of. ferson forcibly brought within the jurisdiction (Reg: 1. Lopez and Ray: Sattler 1D. & D. Crim Cx: 525.).— is no double that in the N here absence of am bytradition Treaty every State although under no obligation to surrender foreign Criminals has the right to do so, and many states have exercised that right where the crime has been of a heinous character as in the case of the surrender of Arquelles by the United States Government to that of Spain in 1864. - Dut Great Britain and the united States having specifically agreed by Treaty as to the particuler 308 circumstances under which the mutual Surrender of Criminals shall take place it appears to me that no application for the arrest or detention on extradition of America Citizens within British jurisdiction be cntertained founded on the can general Comity of Nations of anything dehors the Freely. The prisoners in question seem to have been handed over to the Police: authorities of the Colony upon a charge which no body at present is forthcoming to substantiate and there can be no doubt that if they were to like out a Writ

2026-05-19 17:23:31 · Baseline

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decided to include the case of. ferson forcibly brought within the jurisdiction (Reg: 1. Lopez and Ray:

Sattler 1D. & D. Crim Cx: 525.).—

is no

double that in the

here absence of am bytradition Treaty every State although under no obligation to surrender foreign Criminals has the right to do so, and many states have exercised that right where the crime has been of a heinous character as in the case of the surrender of Arquelles by the United States Government to that of Spain in 1864. - Dut Great Britain and the united States having specifically agreed

by Treaty as to the particuler

308

circumstances under which the mutual Surrender of Criminals shall take place it appears to me that no application for the arrest or detention on extradition of America Citizens within British jurisdiction be cntertained founded on the

can

general Comity of Nations of anything dehors the Freely.

The prisoners in question seem to have been handed over to the Police: authorities of the Colony upon

charge which no body at present is forthcoming to substantiate and there can be no doubt that if they were to like out a Writ

CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 311

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