CO129-224 - Foreign Office - 1885 — Page 266

to the Chinese Authorities.

02

which H.m's fout

The grounds maintain the legality of

baj

which the prisoners from custody, and on

5. the procedure

were released.

which they

referse-

to entertain the demand

of

the Chinese fout for

their

rearrest are:

f

the

264

the magistrates decision, reopen the case and set the prisoners at liberty

done..

3rd that the Extradition Acts

في

As aroLI

acts of 1870

and 1873 de not apply to the case under_ dincepsion ; H. M's foot considering the

extradition of

Chinese

fergslive

criminals

from Hongkang to be exclusively regulated

10t that the decision

magistrate who found that there-

prima facie

evidence

of the

prisoners quilt, sufficient to justify their extradition, was not final..

2nd that, in the opinion of H. In.

foot, it

Aras

competent to the

executive Camech, although it

has no judicial functions to override

and the Colonial. Ordinances relating

by

Article IXT

the Treaty of rimbun

Chinese Criminale

of

to the Extradition

from Hongkong.

I have given full weight to the considerations advanced by your Lordship in

in support of the allegation

the first

contained on

t livo

1

of these

heads, and also to the unsustained...

the

assertion.