CO129-123 - Sir MacDonnell - 1867 [7] — Page 82

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

80

19.

17.

I am therefore happy to be able to dispose so effectually of this imputation of irregularity in the proceedings and of Kwok-a-Chuong's consciousness of a "weak case", though I cannot but express my great surprise and regret under such circumstances that an allegation like Kwok-a-Cheong's should have been advanced on such untenable grounds by Sir Rutherford Alcock who had all the papers before him. I can only suppose that he had not sufficiently studied their contents.

18. On the other hand, it is most satisfactory to find that Sir Rutherford Alcock has given a very clear and accurate statement of the law affecting the case, though herein he differs entirely from Consul Robertson, who committed the original mistake, which has led to all this complication of supposing the presence of the "Prince Albert" in non-treaty Port to be conclusive of confiscation which admitted of no explanation. Sir Rutherford Alcock rightly maintains that the illegality of the act of resort and entrance of the vessel into a non-treaty Port is liable to be rebutted by proving satisfactorily to the Chinese Government that the vessel was there by no fault of her own, such as being brought there by stress of weather, legitimate fear of Pirates or other circumstances which rendered...

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80 19. 17. I am therefore happy to be able to dispose so effectually of this imputation of irregularity in the proceedings and of Kwok-a-Chuong's consciousness of a "weak case", though I cannot but express my great surprise and regret under such circumstances that an allegation like Kwok-a-Cheong's should have been advanced on such untenable grounds by Sir Rutherford Alcock who had all the papers before him. I can only suppose that he had not sufficiently studied their contents. 18. On the other hand, it is most satisfactory to find that Sir Rutherford Alcock has given a very clear and accurate statement of the law affecting the case, though herein he differs entirely from Consul Robertson, who committed the original mistake, which has led to all this complication of supposing the presence of the "Prince Albert" in non-treaty Port to be conclusive of confiscation which admitted of no explanation. Sir Rutherford Alcock rightly maintains that the illegality of the act of resort and entrance of the vessel into a non-treaty Port is liable to be rebutted by proving satisfactorily to the Chinese Government that the vessel was there by no fault of her own, such as being brought there by stress of weather, legitimate fear of Pirates or other circumstances which rendered...
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80 19. 17. I am iturefore happy to be able to dispose so effecturally of this I inpurtation of inegularity in the proceedings and of Kwose-a · Chuongs" " consciousness of a wease case", though I cannot but express my great surprise and re under such circumstances regrat aw chat allegation dine Kwok a cheong so calculated to prejudice Rrok-as should have been advanced on such on. Rutherford unturable grounds by Sie Rustin ford Alcees who had all the papers before only suppose that he had him. I can not sufficiently studied their contents. 18 On ite the hand; it is most satisfactory to find that Six Rutherford Alcause has given a very clear and accurate statement of the low affecting. g the case, though herein he differs entirely from Consul Robertson, who committed the original mistake, which has led to all there complication of supposing the presence of the "Prince Albus in non-treaty Pork to be conclusive Port to be a final and of confiscation which admitted of no explanation. Sir Ruiterford Alcorse rightly maintains stras the illegality of the act of resort and entrance of the vessel inte a N non-treaty Port is liable to be rebuitted by proving satisfactorily to the Chirose Government that the vefood. there by no fault of McDo hee own such as being brought there by strep of weacher, legitimate fear of Pirates or other ciranistences which rendered
2026-05-19 18:44:17 · Baseline
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80

19.

17.

I am iturefore happy to be able to dispose so effecturally of this I inpurtation of inegularity in the proceedings

and of Kwose-a · Chuongs" " consciousness of

a

wease case", though I cannot but express

my great surprise and re

under such circumstances

regrat

aw

chat

allegation dine Kwok a cheong

so calculated to prejudice Rrok-as

should have been advanced on such

on.

Rutherford

unturable grounds by Sie Rustin ford Alcees who had all the papers before

only suppose that he had

him. I

can

not sufficiently studied their contents.

18

On ite the hand; it is most

satisfactory to find that Six Rutherford

Alcause has

given a very

clear and

accurate statement of the low affecting.

g

the

case,

though herein he differs entirely

from Consul Robertson, who committed

the

original mistake, which has led to

all there complication of supposing the presence of the "Prince Albus in

non-treaty Pork to be

conclusive

Port to be a final and

of confiscation which

admitted of no explanation. Sir Ruiterford Alcorse rightly maintains stras

the illegality of the act of resort and

entrance

of the vessel inte a

N

non-treaty Port is liable to be rebuitted by proving

satisfactorily to the Chirose Government that the vefood.

there by no fault of

McDo

hee own such as being brought there by strep of weacher, legitimate fear of Pirates

or other ciranistences which rendered

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