CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 235

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

5

232

and evidence in judicial enquiries should be dispensed with:

I regret that I cannot

6.

concur in these recommendations

In Brookie Robertson, and for the following

Reasons:

1st. Because it seems to be a

principle of Extradition Law that

no State should be asked to

surrender a person for an offence

which would not be a crime

if you committed within its jurisdiction.

2nd Because rendition should not

be granted for trifling Offences.

3rd Because in Section 26 of the

Extradition Act of 1870 and 1873, "Extradition Crime" is defined to

mean a crime which, if committed in

England or within English Jurisdiction, would be

a crime described in the First

Schedule of the Extradition Act of 1870.

4th Because it is not expedient that

such offences as removal of land-marks, illegal dealing of Salt, taking illegal possession of lands, and assaults should be embraced in a Schedule of Extradition Crimes.

5th Because, as I find on perusal of Your Lordship's observations, it has not been the practice of the

Chinese Government to demand

the surrender of Criminals save

for crimes of a very grave

nature; allowing "General Crimes and

offences" ought to be confined to

ordinary Crimes and

offences which are

punishable "by the laws of all nations and which are not peculiar to the laws of Christian countries."

$20 Pwn C. 18-

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5 232 and evidence in judicial enquiries should be dispensed with: I regret that I cannot 6. concur in these recommendations In Brookie Robertson, and for the following Reasons: 1st. Because it seems to be a principle of Extradition Law that no State should be asked to surrender a person for an offence which would not be a crime if you committed within its jurisdiction. 2nd Because rendition should not be granted for trifling Offences. 3rd Because in Section 26 of the Extradition Act of 1870 and 1873, "Extradition Crime" is defined to mean a crime which, if committed in England or within English Jurisdiction, would be a crime described in the First Schedule of the Extradition Act of 1870. 4th Because it is not expedient that such offences as removal of land-marks, illegal dealing of Salt, taking illegal possession of lands, and assaults should be embraced in a Schedule of Extradition Crimes. 5th Because, as I find on perusal of Your Lordship's observations, it has not been the practice of the Chinese Government to demand the surrender of Criminals save for crimes of a very grave nature; allowing "General Crimes and offences" ought to be confined to ordinary Crimes and offences which are punishable "by the laws of all nations and which are not peculiar to the laws of Christian countries." $20 Pwn C. 18-
Baseline (Original)
5 232 and evidence in judicial enquiries should be dispensed with: I regret that I cannot 6. concur in these recommendations Iin Brookie Robertson, and for the following Alasons: td. Because it seems to be a principle of Extradition Law that no State should be acted to surrender a person for an offence which would not be aerime of if you committed within its jurisdiction. 2nd Because rendition should not be granted for trifling Offences. 3rd Became in Section 26 of the -Estradition Act of 1870 and 1873, "Extradition Cermine is defined to Mean which if... aerime which cmmitted in an England or writin -English Jurisdiction would be _ a erime described in the finit Iextradition Act of 1870. of the Cistrs Schedule 4th Because it is not expedient that removal of I of land- such offences as removal martes, illegal de of Salt: fike, taking illegal prosession of lands and assaults should be embraced in a Schedule of Cretradition Crimes. jit Because on 3th I fan Lordship observe, it has not bear the practice of -Chinese Garernment to dawand the surrender of Criminals save for A the crimes of o 1 verry grave e nature; allowing General And "crimes and Milding $20 Pwn C. 18- # those offences" ought to be corifured to ordinary Cimes and offences which Th punishable "by the laws of all nations and which are not peculiar to the laws of Chris
2026-05-21 04:03:19 · Baseline
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5

232

and evidence in judicial enquiries should be dispensed with:

I regret that I cannot

6.

concur in these recommendations

Iin Brookie Robertson, and for the following

Alasons:

td. Because it seems to be a

principle of Extradition Law that

no State should be acted to

surrender a person for an offence

which would not be

aerime

of

if you

committed within its jurisdiction.

2nd Because rendition should not

be granted for trifling Offences. 3rd Became in Section 26 of the -Estradition Act of 1870 and 1873, "Extradition Cermine is defined to

Mean

which if... aerime which

cmmitted in

an England or writin

-English Jurisdiction would be _ a

erime described in the finit

Iextradition Act of 1870. of the Cistrs

Schedule

4th Because it is not expedient that

removal of I

of land-

such offences as removal martes, illegal de of Salt: fike, taking illegal prosession of lands and assaults should be embraced in a Schedule of Cretradition Crimes. jit Because on

3th

I fan Lordship observe, it has not bear the practice of

-Chinese Garernment to dawand

the surrender of Criminals save

for

A

the

crimes of o

1

verry grave

e nature;

allowing General And "crimes and

Milding

$20 Pwn C. 18-

#

those

offences" ought to be corifured to

ordinary Cimes and

offences which

Th

punishable

"by the laws of all nations and which are not peculiar to the laws of Chris

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