Memorandum of Coval Fraser on the Viceroy's proposals they seem to be as follows:
cts to all the for.
in the Viceroy's effect
malifier and expense.
The admission, as I have
I have suggested of Depositions, in certain cases,
would lower this.
(2) The question of extraditable and non-extraditable offences was settled by paragraph 6 of Lord Knutsford's despatch A237 of 20th February, 1889.
(3) Alterations to be confined to homicide and robbery.
These are
practically the cases
I have specified as those where depositions might be admitted.
(4) Unfamiliarity of Hong Kong Magistrate with Chinese
ways
people, their
and habits of thought.
Seeing that Magistrate hears hundreds of Chinese witnesses every week and has before him crowds of Chinamen every year he becomes rapidly only too familiar with Chinese ways and evidence.
(5) That the Viceroy only applies for Extradition when he is satisfied by his subordinates that a prima facie case exists.
It is not for the applicant for Extradition to decide the question of "proof of guilt:" Unless the normal International custom in such cases is to be set aside in favour of the Viceroy, it is the Magistrate of the State where the accused is residing, who must decide whether sufficient proof of guilt is given to justify extradition, and while absolute proof is not demanded sufficient evidence to justify committal for trial is reasonably required. Cannot recommend that the Viceroy's decision on statement of his subordinate should be accepted as to proof of guilt.
Memorandum of Coval Fraser on the Siceroy's proposals they seem to be as follows:
cts to all the for.
in the Viceroy cófectv
malifier and expense.
The admission, as I have
I have sug - gested of Depositions, in certant cases,
would lover this.
(2) The question of extraditable and non extraditable offences reene settled by paragraph 6 of Lord Knutsfords despatch A2 37 of 20th February, 1889.
(2) Alterations to be confined to homicide and robbery.
These are
are practically Keanies
I have specified as those where depositions might be admitted.
(4) Anfamiliarity of Hong. Long Magistrate with Chiniese,
ways
people, their
and habits of thought.
Seeing that Magistrate hears hundreds of Chinese witnesses every
week and has before hein Krous miss
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{
511
of Chinamon every year he becomes rapidly only too familiar with Chin
ways and evidence.
(51 That the Viceroy only applies for
Extradition when he is satisfied by his subordinates that a prona facie
case exists.
It is not for the applicant for Extradition to decide
expor
the
question
of "proof of quilt :" Unless the nonal
International custome ni such cases are to be set aside in favour of the Keeroy, it is the Magistrate of the State where the accused is residing, who must decide whether sufficient proof of guilt
نها
: given to justify extradition, and white absolute proop is not demanded sufficient cvidence to justify committal for is, not unreasoire
frinl
reasonably, usually required. Cannot recommend that the
hecroy's decision on statement of misu. bordinate should be accepted as to prog of quilt.
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