CO129-224 - Foreign Office - 1885 — Page 92

90

Stated in your

letter for that

application.

In the first place you

call

attention to the beaking of

the

Extradition stets of 1870 * 1873 on the case, & you sugest that, according to the Extradition

Act of 1870, the magistrate

having commer

tted the prisoners

it only remained for the Governor

to issue the usual warrant

་

of Surrender required in Extradition

Cases,

and further that by

the magistrate, to refuse to issue

Surrender,

the warrant of

excepting in the care of the Executive being of opinions that

the offence of the fugitive criminal

is of a political nature.

On these points I have to observe that the Extradition Acts of 1870 4 1873 do not apply

to the case under discussion.

Chinese

The Extradition of Jugitives in Hong Kong

is

exclusively regulated big-

the Treaty of

1873,

Article

the Extradition Acts of 1870 * it is not given to the Exemtione, or to any authority Whatever, either to review the decision of the magistrate,

02, after

Commitment of the prix

the

s dur

XXI of

Tientsin and the Colonial Ordenances passed to carry into effect.

it

In regard to the interpretation to be attached to the words

вид

" proof