CO129-170 - Sir Kennedy - 1875 [1-3] -- Acting Governor Austin - 1875 [3-6] — Page 100

:

2.

95

Cu

charge of committing murder and

piracy

Spark in

on board the British Steamer

lagust 1874 and who

·

having beers

beens commilled.

1 for trial

to the Supreme Court, although the Chinese Authorities had

applied for their rendition, were eventually discharged

on their

recognisances without

trial.

the Chinese Viceroy declining to

Houghong such witnesses

Send lo

as were under his control. The

case is peculiar from the

circumstances that the accused,

quilly

e, if

were amenable to the laws

of both Countries;

and

I have

by His Excellency).

as desired by

-

briefly

dissected the facts,

and

stions are -

distinguished the several questions they involve - These questions

Assuming

to be sufficient

the evidence

do the terms

of

Crticlexxi of the Treaty of Tientsin

give to the Chinese an absolute.

gives

right.

to the rendition

of criminals

over whom both Countries have

concurrent

is it að

1 jurisdiction? If ant

a matter

of potions, the

duty of the Governors in all

cases

to surrender the accused and always

to waive the right of trying them

in our Courts ?

2.

What is the duty of the

of concurrent

trate in as CODE

Magistrate