CO129-123 - Sir MacDonnell - 1867 [7] — Page 127

125

spoliation and adding a further grievous wrong. by a large mitigation of penalty

I should think it Kwok. a. bhe

Cheong's interest therefore to make

up his mind quickly, and I have only to state in conclusion that the legal right to confiscation on the

the part of the Chinese

Government prima facie

arises on

a

the

infringement of the Section already referred

to. To constitute the liability

om

the

one

hand and the right to inflict the penalty,

are alone

on the other proof of two facto requisite. 1st that the Bert in which the

vepel is found

is a mon.

Part.

Treaty Sort,

godly that the repel is actually

ito limits. The

within

illegality of the act of resort and entrance is liable to be rebutted by

to the Chinese Government

proof satisfactory t that the vessel is there by no fault of her own such as being brought there by Streps of weather, legitimate fear of pirates,

ar

other circumstance which rendered her

resort

ar entrance necepary to her safety

and that of those on Chinese Government

board. But the

the first

are in the

instance the judges of the sufficiency

and value of the proof

advanced. If the

Goverment acts unfairly or improperly

in the excercise of its

competent for the

of its judgment, it is then

Sovereign to whom the punty whose property the comfiscated ship

is awns

fit

DA

allegiance,

to remonstrate if it see

and intervene by Diplomatic Action

otherwise for the ends of

the ends of justice. This

9