Strict communication on the part of the Col: Officers exists, & farther intimates that "whatever may be the formal regulations on the subject, special public emergency, "to put them on one side." How far this may be consistent with the instructions conveyed by the Sec: of State for the Colonies, in H. M's. Desp: of the 25th of Jan: a copy of wh. Y. L. transmitted to me in N°22 of the 5th of Feb. 1868, or with the views of H.M. Govt, is a question of too grave importance in the conduct of relations with China to be left in doubt.
In the mean time I have instructed the Consul that I cannot recognize any such right or power as that claimed on the part of the Col: Author at Hongkong.
As I have farther explained, it does not appear to me that any clear case of inconvenience or injury has been made out by the Col: Sec:, Mr. Gardiner, & the acting Superintendent of Police. There is no impediment to the Police pursuing & arresting any British Subject on Chinese territory under International Law.
Nor Treaty gives any right to Foreign Powers to arrest & carry off by force from Chinese ground a Chinese Subject. It seems important to insist upon this because, in the Memorial of the Hongkong Chamber of Commerce, the claim to do so has already been put forward by the Memorialists, that the surrender of Chinese criminals escaping from Hongkong, & expecially the rendition of absconding debtors, is, in the opinion of the Memorialists, as apparently, of the Govt, Sir R.J. Macdonnell unquestionably "a clause which should be added to the Article for the protection of the interests of the mercantile community."
I have not taken any step, in my preliminary negotiations, to meet such demands on the part of the Colony; & it seems so totally contrary to all usage & precedent, even in extradition Treaties, to demand the rendition of subjects of one State.
Page 60
Page 61
Xirict communication on the part of the Col: Officers exists, & farther intimater
that "whatever
may.
be the formal regulations
5
H. 9., in the event of any
on the subject, special public emergency, "to put them
may
will not Resitate
the
on one side." How far be consistent with the instructions
conveyed by the See: of State for the Colonies, in H. J's. Dexp : of the 25th of Jan: a copy of wh. Y. L. transmitted to me in N°22 of the 5160
of Feb. 1868, or with the views
of H... Goot, is a question of too grave importance in the conduct of relations with China to be
our
Foreign
in doubt
left in
In the mean time I have instructed
the Consul that I cannot recognize
any on the
such right or power
as that claimed
5 part of the Col. : Author at Houghong.
As I have farther explained, it does
not appear
to me that
of inconvenience or
out by
that any clear case
has been made
injury
by the Col: Sec :, Mr. Gardiner, & the acting Superintendent of Police. There is
no
2
}
39/5/17. 36 167.
58
impediment to the Police pursuing & arresting andet neider International, Lon British Suljest on Chinese territory
But, Law
nor Treaty gives any right to Foreign Powers I to arrest &
more.
ofc
.
carry off by force from Chinese ground a Chinese Subject. It seems the
important to insist upon this because, in the Memorial of the Hongkong Chamber of Commerce, the claim to do so has already. been put forward by the Memorialicts, of the surrender of Chinese criminals escaping from Hongthong, & expecially the rendition of absconding debtors, is, in the opinion of the Memorialists, as apparently, of the Good, Sir R.J. Macdonnell unquestionally
R..... "a clause which should be added to the "Article for the protection of the interests
of
the mercantile commer
community."
I have not taller
any step,
4
in
my
preliminary regotiations, to meet such demands on the part of the Colony ; & it
seems so
totally contrary to all unage
& precedent, even in extradition Treaties, to demand the rendition of subjects of
one
State
$4
1
Page 60Page 61
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