CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 261

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

Separate Despatches

To go of 4 Aug 1875 and No 32.

No 102 of 13th Aug 1875. (There Papers Hong Kong) 70641

Despatch No 90 treats solely the Schedule of Extradition and this is the matter most difficult to adjust.

Under Article 21 of the Treaty the British boot "if Criminals subjects of China shall take refuge in Hongkong on board British Ships there, they upon due requisition by Chinese Authorities shall be searched for and Proof of their Guilt be delivered up".

The extreme generality of these words has given rise to much difficulty in practice.

Sir Henry Holland's Evidence on the subject given before the Select Committee will be found at p. 49-50, Questions 985-1000 of the Report sent herewith.

... copy of Counsel at Counsel's Opinion on the Progress of the case of Houstong & Kwok a sing, which is Marked pp. 5-6.

I have inked the red in the Views expressed by the Judicial Committee and the Crimes for which they should be surrendered under the Treaty of Extradition.

The Despatch transmits four Schedules of Extradition Crimes. The one prepared by the Attorney (see first Column) seems unobjectionable.

That suggested by Robertson is quite unobjectionable and pointed out in the Despatch.

With regard to the words of the Act (see within) Despatch No 102 & 13 Aug 1875, Section 16. I think the concluding words of subsection (1) give rise to the objection.

"Extradition ... should be defined in ..."

Page XX

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Separate Despatches To go of 4 Aug 1875 and No 32. No 102 of 13th Aug 1875. (There Papers Hong Kong) 70641 Despatch No 90 treats solely the Schedule of Extradition and this is the matter most difficult to adjust. Under Article 21 of the Treaty the British boot "if Criminals subjects of China shall take refuge in Hongkong on board British Ships there, they upon due requisition by Chinese Authorities shall be searched for and Proof of their Guilt be delivered up". The extreme generality of these words has given rise to much difficulty in practice. Sir Henry Holland's Evidence on the subject given before the Select Committee will be found at p. 49-50, Questions 985-1000 of the Report sent herewith. ... copy of Counsel at Counsel's Opinion on the Progress of the case of Houstong & Kwok a sing, which is Marked pp. 5-6. I have inked the red in the Views expressed by the Judicial Committee and the Crimes for which they should be surrendered under the Treaty of Extradition. The Despatch transmits four Schedules of Extradition Crimes. The one prepared by the Attorney (see first Column) seems unobjectionable. That suggested by Robertson is quite unobjectionable and pointed out in the Despatch. With regard to the words of the Act (see within) Despatch No 102 & 13 Aug 1875, Section 16. I think the concluding words of subsection (1) give rise to the objection. "Extradition ... should be defined in ..." Page XX
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Separate Despatches vig to go of 4 aut 1875 and hàng xong 3 32. حسنه No0102 of 13th aust 1075. (There Papers Honghong) 70641 Despatch No go treats solely luet 2 the Schedule of and this is the Emines most diffe– Under Article 21 of Frents in matter to adjust. the Treaty the Bastork boot " if Criminals subjects of take refuge Chiria shall Hongkong board the British Sheps there, they upon due requisition b Aunese Authionthes For and shall the the searched Proof of their Guill be delivered up The extrtive generality of these words has green to much difficulty dis custom Zeke Sir Henry Hollands Evidene جوم الكرة the subject given before the sexet Committe dition 49-50 Extra sound at p will be found Questions 985- got of the Report sent herewith- ... the cony of Coun at Coun cales O Inagment of the Prog but 258 the atty beat of the case of Houstong & Kwok asing which Marked کا app ait pp. 5-b I have ink the red int Views express d Committed ad Яндшая by the Judmal the natie & the Crines for which pregeting. should be surrendered Frentsin. the Treaty of under The Despatch transmicts four Schedule of Extradition Errines The one Attorney prepared by the Several for the first Columns) seems urobjectionable. vir 23. That suggested Robertson my opener is quite ands pointed the grown the Despatch. with regard to the Bords of the act (see withins) despatch 20102 & 13 augt 1875 Section All How more saliently that Shoned ве дело beet arry Juine " defined in مومس انگار در کوتا err I think. дессите no Ingitive up "Extradition 16. M the losscluding words of subsection (1) to the objection Che two Deopatives shoved
2026-05-21 04:06:14 · Baseline
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Separate Despatches

vig

to go of 4 aut 1875 and

hàng xong

3 32.

حسنه

No0102 of 13th aust 1075. (There

Papers

Honghong)

70641

Despatch No go treats solely

luet

2

the Schedule of and this is the

Emines

most diffe–

Under Article 21 of

Frents in

matter to adjust.

the Treaty the Bastork boot " if Criminals subjects of

take refuge Chiria shall

Hongkong

board the

British Sheps there, they

upon due requisition b Aunese Authionthes

For and

shall

the

the searched

Proof of their Guill

be delivered up

The extrtive generality of

these words has green

to much

difficulty

dis custom

Zeke

Sir Henry Hollands Evidene

جوم الكرة

the subject given before

the sexet Committe

dition

49-50

Extra sound at p

will be found Questions 985- got of

the Report sent herewith-

...

the

cony of

Coun at Coun

cales

O

Inagment of the Prog

but

258

the atty beat of

the case of Houstong & Kwok asing

which Marked

کا

app ait pp. 5-b

I have

ink the red int

Views express d

Committed

ad

Яндшая by the Judmal

the natie

& the Crines for which pregeting.

should be surrendered

Frentsin. the Treaty of

under

The Despatch transmicts four Schedule of Extradition Errines The one

Attorney

prepared by the Several for the

first Columns) seems

urobjectionable.

vir 23.

That suggested

Robertson

my

opener

is quite

ands pointed

the grown

the Despatch.

with regard to the Bords of

the act (see withins) despatch 20102 & 13 augt 1875

Section All How more saliently that

Shoned

ве дело

beet

arry

Juine

"

defined in

مومس انگار در کوتا

err

I think.

дессите

no Ingitive

up

"Extradition

16. M the

losscluding words of subsection (1)

to the

objection

Che

two Deopatives

shoved

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