CO129-234 - Acting Governor Cameron Governor Des Voeus - 1887 [9-12] — Page 396

if

there is

or otherwise of such subject.

The 3rd Section directs that the Magistrate shall commit the offender to prison,

probable cause

for believing, that the accused committed the alleged crime, or offence, pending the Governor's orders to the Gaoler, and the Magistrate is to forward the depositions to the Governor, so that such person may be

dealt with in accordance with the treaty.

Ordinance 2 of 1871 declares that 2 of 1807 is to

apply to the Treaty of Tientsin of 1858 (Hertslett, Vol. I, p. 90) article 21 of that Treaty replaces the 9th Article of the Bogue and states: "If criminals, subjects of China shall take refuge in Hongkong, or on board the British ships there, they shall upon due requisition by the Chinese Authorities be searched for, and on proof of their guilt, be delivered up.

By the Treaty of Tientsin due requisition by the Chinese Authorities would seem to be

a condition precedent to the search for and arrest, and the procedure of the ordinances is very favourable to China, because the Magistrate may arrest and detain without any previous communication, if it appears in the course of an investigation that a Chinese refugee criminal is within the jurisdiction.

I don't think it is likely that Her Majesty's Government would sanction the extradition of criminals by the Executive without a public inquiry in a Magistrate's court.

for paragraphs, here is the revised version:

if

there is

or otherwise of such subject.

The 3rd Section directs that the Magistrate shall commit the offender to prison,

for believing, that the accused committed the alleged crime, or offence, pending the Governor's orders to the Gaoler, and the Magistrate is to forward the depositions to the Governor, so that such person may be dealt with in accordance with the treaty.

Ordinance 2 of 1871 "declares that 2 of 1807 is to apply to the Treaty of Tientsin of 1858 (Hertslett. Vol. I p. 90) article 21 of that Treaty replaces the 9th Article of the Bogue and states: "If criminals, subjects of China shall take refuge in Hongkong, or on board the British ships there, they shall upon due requisition by the Chinese Authorities be searched for, and on proof of their guilt, be delivered up.

By the Treaty of Tientsin due requisition by the Chinese Authorities would seem to be a condition precedent to the search for and arrest, and the procedure of the ordinances is very favourable to China, because the Magistrate may arrest and detain without any previous communication, if it appears in the course of an investigation that a Chinese refugee criminal is within the jurisdiction.

I don't think it is likely that Her Majesty's Government would sanction the extradition of criminals by the Executive without a public inquiry in a Magistrate's court.

if there is or otherwise of such subject.

The 3rd Section directs that the Magistrate shall commit the offender to prison, for believing that the accused committed the alleged crime or offence, pending the Governor's orders to the Gaoler, and the Magistrate is to forward the depositions to the Governor, so that such person may be dealt with in accordance with the treaty.

Ordinance 2 of 1871 declares that 2 of 1807 is to apply to the Treaty of Tientsin of 1858 (Hertslett, Vol. I, p. 90); article 21 of that Treaty replaces the 9th Article of the Bogue and states: "If criminals, subjects of China, shall take refuge in Hongkong or on board the British ships there, they shall upon due requisition by the Chinese Authorities be searched for and, on proof of their guilt, be delivered up."

By the Treaty of Tientsin, due requisition by the Chinese Authorities would seem to be a condition precedent to the search for and arrest, and the procedure of the ordinances is very favourable to China because the Magistrate may arrest and detain without any previous communication if it appears in the course of an investigation that a Chinese refugee criminal is within the jurisdiction.

I don't think it is likely that Her Majesty's Government would sanction the extradition of criminals by the Executive without a public inquiry in a Magistrate's court.