CO129-224 - Foreign Office - 1885 — Page 391

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

Mr. Wingfield.

Mr. Bramston.

Mr. Meade.

Sir R. Herbert.

Lord Dunraven.

Colonel Stanley.

That in the present case, after consulting the Executive Council, the Attorney General was not satisfied that there was such proof of guilt as would require him to surrender the prisoners, and he accordingly discharged them; and that in taking this course, he acted in accordance with Municipal Law and with the Treaty.

That the Chinese appear to be under a misapprehension as to the manner in which the investigation was conducted. That the additional evidence was taken by the Magistrate in the presence of a solicitor representing the Chinese, who cross-examined the witnesses called in support of the charge against the prisoners, and who called and examined additional witnesses in support of their case; and that Mr. de Raimondi took no part beyond instructing Messrs. Lower to appear for the prisoners.

That H.M. Government cannot admit the contention that in fugitive extradition cases, the accused should be allowed to produce before the Magistrate evidence to rebut the charge on which they are being extradited.

Page 388

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DRAFT MINUTEMr. Wingfield.Mr. Bramston.Mr. Meade.Sir R. Herbert.Lord Dunraven.Colonel Stanley.That in the present case, after consulting the Executive Council, the Attorney General was not satisfied that there was such proof of guilt as would require him to surrender the prisoners, and he accordingly discharged them; and that in taking this course, he acted in accordance with Municipal Law and with the Treaty.That the Chinese appear to be under a misapprehension as to the manner in which the investigation was conducted. That the additional evidence was taken by the Magistrate in the presence of a solicitor representing the Chinese, who cross-examined the witnesses called in support of the charge against the prisoners, and who called and examined additional witnesses in support of their case; and that Mr. de Raimondi took no part beyond instructing Messrs. Lower to appear for the prisoners.That H.M. Government cannot admit the contention that in fugitive extradition cases, the accused should be allowed to produce before the Magistrate evidence to rebut the charge on which they are being extradited.Page 388
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orders; and that the Ordinance so construedis not inconsistent with theTreatyJN?!. That in the present couThisthee for after consulting Exec. Emmeil was not satisfiedthat there wasguiltasuch proof ofrequirebin tosurrender the prisonersand he accordingly discharged them; andemsider that inHoe gou emsidertakingthis coursehe actedin accordance with Muni-cipal Law & with the Treaty. 8(5) That the Chinese fout appear to be under amisapprehensioas betteranin which theinvestigation was conducted. That the additional EvidenceDRAFT.MINUTE.Mr.Mr.Mr. Wingfield.Mr. Bramston.Mr. Meade.Sir R. Herbert.Lord Dunraven.Colonel Stanley. was taken by the Magistrate in the presence of a Solicitiv representing the Chinese for? who cross-388Examined the witnesses called in support of this prisoners, & who called Vexamined additional witnesses in support of thercharge; and that Bisle of Raimondi took no part beyond instructing 4-4soicita Lower to appear for the prisoners.7(6)That HM. [or cannot admit the contentinJthe Camere for that inthe fugitive Extradition cases should b.not allowed to produce before the musporteate wvidence tho rebutthenchargethand the Migestrator
2026-06-22 12:45:57 · Baseline
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orders; and that the Ordinance so construed

is not inconsistent with the

Treaty

JN?!. That in the present cou

This

thee for after consulting Exec. Emmeil was not satisfied

that there was

guilt

a

such proof of

require

bin to

surrender the prisoners

and he accordingly discharged them; and

emsider that in

Hoe gou emsider

taking

this course

he acted

in accordance with Muni-

cipal Law & with the Treaty. 8(5) That the Chinese fout appear to be under a

misapprehensio

as better

an

in which the

investigation was conducted. That the additional Evidence

DRAFT.

MINUTE.

Mr.

Mr.

Mr. Wingfield.

Mr. Bramston.

Mr. Meade.

Sir R. Herbert.

Lord Dunraven.

Colonel Stanley.

was taken by the Magistrate in the presence of a

Solicitiv representing the

Chinese for

? who cross-

388

Examined the witnesses called in support of this

prisoners, & who called Vexamined additional witnesses in support of ther

charge; and that

Bisle of Raimondi took no part beyond instructing

4-4

soicita

Lower to appear for the prisoners.

7(6) That HM. [or cannot

admit the contentin

J

the Camere for that in

the fugitive

Extradition cases

should

b.

not allowed to produce

before the musporteate wvidence tho rebut then

charge

thand the Migestrator

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