CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 447

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

444

If an Order of arrest on foreign territory, nor without the limits of his jurisdiction. It is only by application to a Judge of another for the arrest of a Culprit, and as regards foreign Countries, such requisitions are preferred by the Government Authorities.

That which is required by paragraph 2. appears to me to be too much. Although absolutely people proceeded against at Macao, the provisions of para. 3 would be acceptable.

Paragraph 4 is unjust.

The difficulties commence at Paragraph 5, which empowers British Courts to decide on evidence the justice of the claim preferred for the surrender of a Culprit, and allows the latter a right to contest such claim under the provisions set forth in paragraphs 6 and 7, as also under paragraphs 8 and 9, referring to Ordinance No.4 of 1844, which latter appears to authorize the delays, and the danger of rendering useless the Requisition of the Governor of Macao, as it is to be apprehended from Article 7 and those preceding, from 7 to 13 especially.

I think therefore, it would be advisable to offer to the consideration of His Excellency The Governor of Hong Kong and his Council the basis of the Treaty of Extradition between Portugal and Spain or the so called Convention of 13th January.

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444 If an Order of arrest on foreign territory, nor without the limits of his jurisdiction. It is only by application to a Judge of another for the arrest of a Culprit, and as regards foreign Countries, such requisitions are preferred by the Government Authorities. That which is required by paragraph 2. appears to me to be too much. Although absolutely people proceeded against at Macao, the provisions of para. 3 would be acceptable. Paragraph 4 is unjust. The difficulties commence at Paragraph 5, which empowers British Courts to decide on evidence the justice of the claim preferred for the surrender of a Culprit, and allows the latter a right to contest such claim under the provisions set forth in paragraphs 6 and 7, as also under paragraphs 8 and 9, referring to Ordinance No.4 of 1844, which latter appears to authorize the delays, and the danger of rendering useless the Requisition of the Governor of Macao, as it is to be apprehended from Article 7 and those preceding, from 7 to 13 especially. I think therefore, it would be advisable to offer to the consideration of His Excellency The Governor of Hong Kong and his Council the basis of the Treaty of Extradition between Portugal and Spain or the so called Convention of 13th January.
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444 ifre an Order of arrest on foreign territory. nor without the limits of his jurisdiction. It is only by application ihist a Judge ast's another for the arrest. of a Culprit, and as regards Pereign= Countries, such requisitions are preferred by the Government Archorities. That which is required by paragraph 2. appears to me to be too much Although absout people proceeded are not agonist at Macao, the provisions of para. 3 would be accepitable. 4 Paragraph hu just. 40 M inquestionably The difficulties commence at Pararé; which empowers Brilish Courts to decide on evidence the pristice of the claim preferred for the surrender of a Quépuit, and allows the latter a right to contest such claim under the provisions set forth in paragraphs & and b, as also under paragraphs | and: 8, and.) 9 "referring to Ordinance N.4 of 1848, which latter appears to authorize the delays, and the danger of rendering uscles the Requisition of the Governor of Macas, as it is to be apprehended from Artide and those freeeding, from 7 to 13 especially I think therefore, it would be advisable to offer to the consideration of this Excellency The Governor of thongthong and his Carnal the bans of the Treaty of Extradition between Portugal and Sprains or the so called Convention of 13th January
2026-05-20 06:09:17 · Baseline
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444

ifre an Order of arrest on foreign

territory.

nor without the limits of his jurisdiction. It is only by application

ihist

a

Judge

ast's another for the arrest.

of a Culprit, and as regards Pereign=

Countries, such requisitions

are preferred by the Government Archorities.

That which is required by paragraph

2. appears to

me to be too much

Although absout people

proceeded

are not

agonist at Macao, the provisions

of para. 3 would be accepitable.

4

Paragraph

hu

just.

40

M

inquestionably

The difficulties

commence at Pararé; which empowers Brilish Courts to decide on evidence the pristice of the claim

preferred for the surrender of a Quépuit, and allows the latter a right to contest such claim under the provisions set forth in paragraphs & and b, as also under paragraphs | and: 8, and.) 9 "referring to Ordinance N.4 of 1848, which latter appears to authorize the delays, and the danger of rendering uscles the

Requisition of the Governor of Macas, as

it is to be apprehended from Artide

and those freeeding, from 7 to 13 especially

I think therefore, it would be advisable to offer to the consideration of this Excellency The Governor of thongthong and his Carnal the bans of the Treaty of Extradition between Portugal and Sprains or the so called Convention of 13th January

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