is attached to his opinion, deliberately come to after consideration of the evidence, - and that the Chinese subject is practically tried by an alien court.
Lord ... of His Excellency's arguments appear to me to be not devoid of some force.
As to the limitation of extraditable offences, I have already pointed out to him that this is an universal rule of International Law, in accordance with which the treaty is naturally interpreted. That the Chinese text differs from the English is unfortunate, but it is expressly agreed that the English text rules. The expression "upon proof of their guilt" is doubtless somewhat vague; but it appears to me that the Hong Kong Government is thereby empowered to decide, of course reasonably, what proof shall be required to secure extradition.
Admitting all the other objections His Excellency raises to the present system of preliminary investigations, I cannot see how, without a special supplementary Convention between the Governments of Great Britain and China, His Excellency's proposal can be accepted in 1880. But in view of the importance of joint action against the large criminal class in this part of China, I hope that some modification may be found possible.
Meanwhile I am inclined to think that the Viceroy might be satisfied with the following concession:- That neither the accused nor the Chinese Government should be represented by lawyers at the preliminary investigation. This would not only save expense to the Chinese, but would also be in accordance with the normal Law as to criminal trials. The Chinese are also firmly convinced that rendition has been more than once refused solely on technical points of procedure. In this connection I may add that their ...
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is attached to his opinion, deliberately come to after convideration of the evidence, - and that the Chinese subject is practically
-
fried by
an alien court.
Louve
of
His Excellency's argu. ments appear to me to be not devoid of source force.
Ats to the limitation of extraditable offences, I have already pointed out to him that this is an universal rule of International Law, in accordance with which the treaty is naturally interpreted. That the Chinese text differs from the English is unfortunate, but it is express. by agreed that the English text rules. "The expression " upon proof of their quilt" is doubtless somewhat vague; but it
• appears to me that the Long Rong Govern = ment is thereby empowered to decide, of course reasonably,
e reasonably, what proof shall робровле
be required to secure extradition.
Admitting all the other objection His Excellency raises to the prevent system
504
of preliminary unsetigations, I cannot see how, without a special supplementary Cowvention between the Governments of Great Britain and Chine, His Excellencis proposal can be accepted in 1080. But in view of the importance of joint action agunist the large criminal class in Pais part of China, I hope that come modification. se
be found possible.
mary I am inclined to think that.
the Viceroy might be satisfied with the following
corassiów :-
That neither the accused nor the Thiviere Government should be re- - presented by lawyers at the preliminary investigation. This would not only - save expence to the Chinese, but would also be in accordance with the nohu Law ac to criminal trials, The Chinese
aso
firmly convinced that rendition has been more than once refused solely on technical points of procedure. In this connection I may add that their
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