CO129-238 - Governor Des Voeus - 1888 [7-8] — Page 467

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

1

necessarz & unwise

Governors

cases should in the first instance be dealt with by the Supreme Court, would be un but I am far from thinking that the five mon three alternatives in par! 21 Exhaust the possibilities. those alternatives as explained

with

does away

1/2

Mais despatch

The third

-par. 029

8629

to be

see par. H

11

Explained in par. any "proof of guilt the Tientsin Treaty, & seems required by the Fontein a most lazy & unjustifiable proforal.

Why not adopt the proposals in the Draft

are 10641/ Bill of 1875/200

away

which does of M. Ruvert

with one (under

the Governing,

?

Ord. of 1850) to review the Magistrate's decisim, forly leaves him the ministerial function of ordering the Surrender in the same

the fec. of State does in England wany In that case the Magistrates would have no trmptation to act perfunctorily (ael M.

22022/87) Bramsting minut

an

because

fre decision quld only be reversed

Mein J

in a

ON

As as

Duistakes of you

aspublic fashion by the Stigher Court in In proceeding on a writ of Habeas Corpus;

Minat definite pandor of appeal from the Magistrate's decision were thought desirable

Ord. 1 of 1881 (222 8629/81 we might follow s. VI (Macan seedellin Ord.), which arranger fü

appeal procedure?

Extendition

for

If that be done the Schedule (conc. 3) of Extradition crimes will require

S'ler

crimes are

taken almost

revising, & might perhaps be arranged between the 7.0. & Chinese Minister in Leander

The first twenty verbatim from the Swiss & Austrian Exten ditim treaties forwarded to HtKary back and may therefore be approved?

E

7.0. 2368

The first five of the propood additional to the Schedule need not perhaps be objected to? ("Piracy by law of nation" is in the Eight of 1870) "Perhaps also the seventh and ninth my stand? The sixthe Ishould imagine in doubtful, as custody NUTE PAPERcult to define. " lawful custody

suppose

And if we adh(as Juffore wraught)

The direction in

463

the 1876 desp. to introduce the definition of Extradition Crune given. Extradition Act of 1870: viz.

in the English.

Extrad. crim

..

the

means a crine which of committed in England or within Ery, jurisdiction would be me of the crimes described in the schedule wanna the last of proposed additional crimes cannot be

with admitted unto the Schedule? Asb their

no attention to 7.0. letter

the fu. pay

th

25 Feb. Cast / 3888/08) which suggest that if the appropriation of Examsin papers.

was

J

the nature

an

Carceny, it would already be

if Extraditable offence, & I think) implied that

the papers

were taken by mistake it ought next to be extraditable. In

arrry

Cate

vague Ofence defen description "Offences connected with public Exam. "aught not to be approved?

was

As to then Eiglatte, it seems doubtful, as the "purchase of munitions seems to included under the "political

category, for which we cannot extradite? As regards the second propoul

2388/76 2388% would it noth par. 3f desf. "be better to embody that in the Ord an in Art. VIII of the Swiss Extradition

£2388/76

Yes. it was to donated by

the 20 liter

despatel Sas

as

treaty, attached to

ce

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