CO129-193 - Governor Hennessy - 1881 [5-7] — Page 548

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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I have a duty to rework that there is great fear that the promise not to apply torture is purely formal, and I cannot for one moment believe that it will ever be given effect to. An undertaking on the part even of the highest Chinese official not to apply torture, when its application is prescribed by the Chinese Penal Code, is, in my belief, illegal, and as such would not, in the eye of Chinese law, be, I imagine, binding upon the person who makes it. I can have no doubt, therefore, that if the thirteen accused persons, whose extradition is now asked for (and who may all be innocent of the charge laid against them), be handed over to their own Authorities, they will be subjected to the same judicial torture they would, as a matter of course, have had to undergo if they had been taken before their own Courts in the ordinary process of Chinese law, and, unless a British officer is allowed to have constant access to them after their rendition and to be present throughout their trial, I do not believe that the ordinary process of Chinese law, of which torture is perhaps the leading feature, will in their case be departed from.

At the same time, in stating this, I beg you to represent to His Excellency the Governor that I am not unaware that the promise given by the Viceroy is not obligatory under the Treaty and that...

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I have a duty to rework that there is great fear that the promise not to apply torture is purely formal, and I cannot for one moment believe that it will ever be given effect to. An undertaking on the part even of the highest Chinese official not to apply torture, when its application is prescribed by the Chinese Penal Code, is, in my belief, illegal, and as such would not, in the eye of Chinese law, be, I imagine, binding upon the person who makes it. I can have no doubt, therefore, that if the thirteen accused persons, whose extradition is now asked for (and who may all be innocent of the charge laid against them), be handed over to their own Authorities, they will be subjected to the same judicial torture they would, as a matter of course, have had to undergo if they had been taken before their own Courts in the ordinary process of Chinese law, and, unless a British officer is allowed to have constant access to them after their rendition and to be present throughout their trial, I do not believe that the ordinary process of Chinese law, of which torture is perhaps the leading feature, will in their case be departed from. At the same time, in stating this, I beg you to represent to His Excellency the Governor that I am not unaware that the promise given by the Viceroy is not obligatory under the Treaty and that... 541
Baseline (Original)
i * duty to rework that there is grain mea: on to fear that the promise not to apply torture is purely formal, and I cannot for one moment believe that it will ever be be given effect to. An undertaking on the part even of the highest Chinese official not to apply torture colen ito application is prescribed by thes Chinese Penal Code, is, in my belief illegal, and as such would not in the eye of Chinees low be, I imagine, briiding upon the person who wakes it . I can have no doubt, therefore, that if the thirteen acessed perseous, whore extradition is now asked for, (and whe may all be innocent of the charge laid against them), be handed over to their own Auttiorities, they > 541 they will be subjected to the same ~ judicial torture they would as a matter of course have head to undergo of stay had been baken before their ovou Courts in the ordinary process of Clucive law, and, unless a British officer is allow. to have constant access to them after their rendition and to be precent theroughout their trial, I do not believe that the ordinary process of Chinese law, of which " " torture is perhaps the leading feature, will in their case be in departed from. At the any degree stating this, same time, in stating I beg you to represent to this Excellwey the Governor that I am not unaware that the promise given by the Viceroy is not obligatory under the Quaty and that י
2026-05-22 11:37:34 · Baseline
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duty to rework that there is grain mea: on to fear that the promise not to apply torture is purely formal, and I cannot for one moment believe that it will ever be

be given effect to. An undertaking on the part even of the highest Chinese official not to apply torture colen ito application is prescribed by thes Chinese Penal Code, is, in my belief illegal, and as such would not in the eye of Chinees low be, I imagine, briiding upon the person who wakes it . I can have no doubt, therefore, that if the thirteen acessed perseous, whore extradition is now asked for, (and whe

may all be innocent of the charge laid against them), be handed over to their own Auttiorities,

they

>

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they will be subjected to the same ~ judicial torture they would as a matter of course have head to undergo of stay had been baken before their ovou Courts in the ordinary process of Clucive law, and, unless a British officer is allow. to have constant access to them after their rendition and to be precent theroughout their trial, I do not believe that the ordinary process of Chinese law, of which " " torture is perhaps the leading feature,

will in their case be in departed from.

At the

any degree

stating this,

same time, in stating I beg you to represent to this Excellwey the Governor that I am not unaware that the promise given by the Viceroy is not obligatory under the Quaty and

that

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