in
very
rare cases where offenders are caught red-handed
in the commission of atrocious Crime against the
Sovereign or in Ample Power & in active rebellion.
Under these circumstances it is evident that there is
one danger on the one hand & another; & between the two.
The Lords of the Admiralty & Governor of Hong Kong suggest
nothing short of a total & radical change in
the Criminal Code & practice of the Chinese Empire.
Their Lordships still see visions of slow death & torture, & would interdict all coercive
means of extorting evidence during the trial,
whether the criminal or witnesses are examined.
To be assured that both these ends are attained,
they suggest the presence of a British Agent both at the trial & the Execution.
I think it can hardly be necessary to enter into detail
in order to demonstrate to Y.L. how entirely impracticable such a scheme is.
A system of supervision & control must be avowedly to control
the administration of justice according to Chinese Law by Chinese Authorities.
This would be resented as an intolerable indignity & unwarranted interference
with their independent Sovereignty. No proposition of this nature therefore has a chance
of being listened to. They would at once refuse, but with anger & scorn.
The conditions they would not of their seeking & they would not receive them.
They would leave us to deal with Pirates & all other Chinese Criminals as we pleased.
I have not therefore proposed any further interference with their judicial administration,
which undoubtedly carries with it a liability to various methods,
strictly laid down by law, of questioning prisoners & witnesses,
torture being resorted to in every case where a confession is not made.
To call upon them to suspend or violate this part of their law would be equivalent
to a foreign Power insisting that we should dispense with all Evidence on oath,
our oath being our guarantee for truth; - that is, our oath that is, our warrant
torture is now as it was formerly.
Page 406
(No change is made to the original "Page 406" as per the instructions to preserve original page numbering)
in
very
rare.
cases where offenders are caught red handed
in the commission
against the
of
Sovereign
some atrocious Crime or in Amo
Power & in active rebellion.
Under these circumstances it is evident that
See
one
danger
K
of the
another; & between the two.
The Lords of the Admiralty Governor of Konghong nothing short of a total
x radical change in
the
لي
Criminal Code & practice of the Chinese Empire.?? avail to meet the double requirements they Suggest.
Their Lordships still see visions of slow death & torture, & w? interdict all coercive
Ine and
Irial,
of extorting sidence during the dridh,
whether the criminal or witnesses are examined.
人
the better to be assured that both these ends
....
ari attained they suggest the presence of a British
Agent both at the Irial
me
I think it can to Enter into
any
& the Execution.
hardly be necessary for
detail in order to demonstrate
to Y. L. how entirely impracticable such a scheme.
A toy.
of supervision a control must be. In the first place, the presence of a boreign Agent
Chinese
Court
406
Court avowedly
to control the administration of justice
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according to Chinese Low
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and be resented as an intolerable indignity
unwarranted interference with their independent
Sovereignty. No proposition of
chance of being listened
juridiction and this nature therefore
to with
arrything
Criminals was
X
of crimina
at once
refuse
but
has a
anger
a scorn. The Windition
they wid
not of their seeking & they
to receive them.
oh
mry
such conditions.
& leave us to deal with Pirates & all other Chinese
....
Criminals as we
pleased.
I have not therefore proposed any further interference with their judicial administration
Who undoubtedly carries with it a liability of various
methods, strictly laid down by law, of questioning
prisoners by
both witnesses
以
resorted to in Every
made.
case where
To call upon
torture being
confession
is not
their to suspend or
violate this part of their law we be
Equivalent
to a foreign Power insisting that we should dispense
with all Evidence on
guarantee for truth; -
L
outh that is, our wath,
torture is now as it was
not
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