CO129-195 - Governor Hennessy - 1881 [1-4] — Page 379

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

Wait one moment. ~

On the other hand, I think it my duty to remark that there is reason to fear that the promise not to apply torture is purely theoretical, - and I cannot for one moment believe that it will ever be given effect later on the part of even 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 undertakes 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 laws, 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 in any degree departed from.

At the same time, in stating this,

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Wait one moment. ~ On the other hand, I think it my duty to remark that there is reason to fear that the promise not to apply torture is purely theoretical, - and I cannot for one moment believe that it will ever be given effect later on the part of even 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 undertakes 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 laws, 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 in any degree departed from. At the same time, in stating this,

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ات grave one moment. ~ On theo poret I think itt my duty to remar & that there is reason to fear theak the promise not to apply torture is purely forical, - and I cannot for our believe that it will wer begren -effect lotter undertaking on the part : even of the highest Clinese Official not to apply tortiere when sto application is prescribed by the Chinese Penal Code, is, in my belief. illegal, and as such would not in eye of Chinese law be, I unagine, briding upon the person who water the I can have no doubt, therefore, that if the thirteen accused persons, whose extradition is nou asked, for, -B17 t: (and who may all be innocent of charge laid against them), be bander Authorities, they been over to their own will be subjected to the same, judicial torture they would as a matter of course have had to undergs if they had bew. baken before their own Courts in the ordinary process of Chinese laws, 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 - 50%. perhaps the leading feature, will in their ease be in any degree departed from At the sauce time, in stating this, Caud

2026-05-22 18:35:07 · Baseline

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grave

one moment. ~

On theo poret I think itt my duty to remar & that there is reason to fear theak the promise not to apply torture is purely forical, - and I cannot for our believe that it will wer begren -effect lotter undertaking on the part : even of the highest Clinese Official

not to apply tortiere when sto application is prescribed by the Chinese Penal Code, is, in

my belief. illegal, and as such would not in

eye of Chinese law be, I unagine, briding upon the person who water

the

I can have no doubt, therefore, that if the thirteen accused persons, whose extradition is nou asked,

for,

-B17 t:

(and who may all be innocent of charge laid against them), be bander Authorities, they

been

over to their own will be subjected to the same,

judicial torture they would as a matter of course have had to undergs if they had bew. baken before their own Courts in the ordinary process of Chinese laws, 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 -

50%. perhaps the leading feature, will in their ease be in any degree departed

from

At the sauce time, in stating this,

Caud

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