CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 424

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

I do not think, however, that now it would be done in England except in the manner prescribed by Act of Parliament, although some countries, Spain in particular, have given up parties charged with committing a crime in England. I cannot advise the Governor to do what I consider an illegal act, nor to put himself in a false position such as he would be in if the accused were to apply for a Habeas Corpus.

But I would rather suggest that it becomes a favourable opportunity for ascertaining from the Government of Macao their views and wishes with regard to our Ordinance No.13 of 1870. Surely, if both parties agreed upon the main point that it is desirable to surrender criminals, there ought to be very little difficulty.

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Justice coming from Macao — an Ordinance having been passed upon September 1870 and could be put in force immediately (No 13 of 1870, §18) as soon as the Governor is satisfied that sufficient reciprocal provision has been made by the Government of Macao. Previous to the passing of Extradition Acts by Parliament, there was some authority on our Statute Book for giving up persons for having perpetrated a crime in a foreign country. I do not think, however, that now it would be done in England except in the manner prescribed by Act of Parliament, although some countries, Spain in particular, have given up parties charged with committing a crime in England. I cannot advise the Governor to do what I consider an illegal act, nor to put himself in a false position such as he would be in if the accused were to apply for a Habeas Corpus. But I would rather suggest that it becomes a favourable opportunity for ascertaining from the Government of Macao their views and wishes with regard to our Ordinance No.13 of 1870. Surely, if both parties agreed upon the main point that it is desirable to surrender criminals, there ought to be very little difficulty.

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Justice coming from Mação- an Ordinance giving been upon September 1870 and could be put in force immediately (No 13 of 1870. §18) as soon as the Governor is satisfied. that sufficient reciprocal provision has been made by the Government of allasao. Previous to the passing of Extradition Acts by us the power has our Statute Book since. there was some Parliament authority for giving up persons for having perpetrated a crime in a foreign country. I do. not think however that now it. would be done in England except in the manner. -prescribed by Act of Parliament although some 422 countries Spain in particular: have erime in given up parties charged with committing Sengland I cannot advise the Governor to do what I consider an illegal act nor to put himself in a false position such as he would be in if the accused were to apply for Corpres a Habeas but I would rather suggest that it becomes a favourable opportunity for-ascertaining from the Government of ellasao their views and wishes with regard to our Ordinance 110.13 of 1870. Surely if both parties agreed upon the main point that are is desirable to surrender criminals little diffianity there ought to be very

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Justice coming from Mação- an

Ordinance giving been upon September 1870 and could be put in force immediately (No 13 of 1870. §18) as soon as the Governor is satisfied. that sufficient reciprocal provision has been made by the Government of allasao. Previous to the passing of Extradition Acts by

us the power has our Statute Book since.

there was some

Parliament

authority for giving

up persons for having perpetrated a crime in a foreign country.

I do.

not think however that now it.

would be done in England except

in the manner.

-prescribed by Act

of Parliament although

some

422

countries Spain in particular: have

erime in

given up parties charged with committing

Sengland I cannot advise the Governor to do what I consider an illegal act nor

to put himself in a false position such as he would be in

if the accused were to apply for

Corpres

Habeas

but I would rather suggest

that it becomes a favourable opportunity for-ascertaining from the Government

of ellasao their views and wishes with regard to our Ordinance 110.13 of 1870. Surely if both parties agreed upon the main point that

are

is desirable to surrender criminals

little diffianity

there ought to be very

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