CO129-216 - Governor Sir Bowen - 1884 [5-6] — Page 214

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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213

believing that the prisoners have committed the crime with which they are charged I know of no legal grounds upon which his decision can be questioned; and I am of opinion that the prisoners have been lawfully placed at the disposal of the Governor according to the provisions of Ordinance 2 of 1850.

6. The question is now what action is the Governor to take? The law of this Colony leaves him full discretion. The position is this: she has in his hands, with perfect liberty (so far as the law of the Colony goes) to hand them over, eleven (11) prisoners regarding whom the lawful tribunal of the Colony charged with the duty of investigating and determining the question by regular legal process, has decided that there is probable cause for believing that they have committed the crime charged.

The duty as to handing over the prisoners is to be gathered from article 21 of the Peking Treaty which runs as follows.

"21. If criminals, subjects of China shall take refuge in Hong...

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213 believing that the prisoners have committed the crime with which they are charged I know of no legal grounds upon which his decision can be questioned; and I am of opinion that the prisoners have been lawfully placed at the disposal of the Governor according to the provisions of Ordinance 2 of 1850. 6. The question is now what action is the Governor to take? The law of this Colony leaves him full discretion. The position is this: she has in his hands, with perfect liberty (so far as the law of the Colony goes) to hand them over, eleven (11) prisoners regarding whom the lawful tribunal of the Colony charged with the duty of investigating and determining the question by regular legal process, has decided that there is probable cause for believing that they have committed the crime charged. The duty as to handing over the prisoners is to be gathered from article 21 of the Peking Treaty which runs as follows. "21. If criminals, subjects of China shall take refuge in Hong...
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213 believing that the prisoners have committer the erine with which they are charged I know of ne legal grounds upon which his decicio can be questioned; and I am of opinion that the prisoners have beeve lawfully placed at the disposal the Governor according to the provisions of д of 1850. Ordinance 2 6. The question is now what action is the Governor to take? The law of this Colony leaves him full discretion. The position is this: she has in his hands, with perfect liberty (No far as the law of the the bolory goes) to hand them over, eleven (11) prisoners regarding whom the lawful the Colorry charged: tribunal of with the duty of investigating and determining the question by regular legal process, has effect decided that there in is probable cause for for believing committed crime charged. that they have the Y The duty as to handing chi over the prisoners is to be gathered from article 21 of Fientein Treaty which runs as follows. " 21. If criminals, subjects of "China shall take refuge in Stous Kony
2026-05-24 15:16:46 · Baseline
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213

believing that the prisoners

have committer the

erine

with which they are charged

I know of ne

legal grounds upon

which his decicio

can be

questioned; and I am of opinion that the prisoners have beeve lawfully placed at the disposal the Governor according to the provisions of

д

of

1850.

Ordinance 2

6. The question is now

what action is the Governor

to take? The law

of

this Colony

leaves him full discretion. The position is this: she has in his hands, with perfect liberty (No far as the law

of

the

the bolory goes) to hand them over, eleven (11) prisoners

regarding whom the lawful

the Colorry charged:

tribunal

of with the duty of investigating and determining the question

by regular legal process, has

effect

decided that there

in

is probable cause for

for believing

committed

crime charged.

that they have

the

Y

The duty as to handing

chi

over the prisoners is to be gathered from article 21 of Fientein Treaty which runs

as follows.

" 21. If criminals, subjects of "China shall take refuge

in

Stous Kony

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