503
of an application under Pro Viceroy's seal, he agreed be with all speed arrested and detained, and be handed over for a joint investigation before the Consul and the Chinese Authorities.
If they decide that he is guilty, the Chinese Authorities shall deal with him; if he is not found guilty, he shall not be ill-treated in any way nor shall he be pressed to confess, but shall be sent back safe and sound to Tong-song. Further, as is the case at present, he shall not be tried for any other offence nor shall torture be applied to him during the investigation.
His Excellency's reason for asking for this change is that the Tong-hong Magistrate is often unfamiliar with Chinese people and their ways and habits of thought, whence it follows that because a part of the Chinese evidence is disproved he rejects the whole, and he is naturally led by the accused's lawyer to apply English rules of law and evidence to a purely Chinese case.
The Chinese Authorities also, unless they go to the expense of engaging a lawyer, are unable to present their side of the case in an English-legal manner. Finally, there is perhaps a natural inclination to resist the demand for extradition and to give the accused the utmost possible benefit of the doubt because the Criminal Law of the two countries are so widely different, while a Chinese, accustomed to his native procedure at trials, is tempted to exaggerate and prevaricate before a Hong Kong Court and before an alien judge who has no authority over him.
His Excellency adds that no application for extradition is ever made until he is satisfied by his subordinates that a prima facie case exists against the accused. And to him, it appears unfriendly for no weight whatever.
503
of an application under Pro Viceroy's seal, he acceed be with all speed arrested and detained, and be handed
over for a joint investigation before
the Consul and the Chinese Authorises.
If they decide that he is quilty, the
Chinese Southorities shall deal with him; if he is not found quilly, he shall not
be ill-treated in any way
he be
nor shall
: to confess, but shall be
prewed
sent back safe and sound to tongsong . Further, as is the case at present, he
shall not be tied for any
other offence
nor shall fortere be applied to her of the investigation.
His Rexcellency's reason for
asking for this change is that the tong hong Magistrate is often unfamiliar
people and their
with Chnieve people
ways and
babits of thought, whence it follows that because a • part of the Chinese wither evidence is disproved he rejects the whole, and he is naturally led by the accused's
lawyer
lawyer to
apply, English rules of law
and evidence to a
purely
Chinese case.:
The Chnieve Authorities also, unless they
1. go
of
the
to the expense of engaging a lawyer, : are unable to present their side
English-legal
case) i an
Finally there is a
perhaps
natural in-
clination to revent the demand for ex-
-tradition and to
se the accused the
give
utmost possible benefit of the doubt-
because the Criminal Law eystone of the
two coun few are so
widely difform's
while a Chinese, accustomed to his
native procedure at trials, is tempted
to esta
ggerate and prevaricate
Kong Court and before
who has no auth.
authority
کے
Hong
an alion judge
over him.
His Excellency adds Pear no application for extradition is ever made until he is entisfied by his subordinates that a prima facie case exists against the accused. And to him it appears unfriendly for no
weight whatever.
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