ORDINANCE No. 20 of 1889.
Chinese Extradition.
Form of Order to bring before a Magistrate a criminal already in custvity.
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
To the Superintendent of Victoria Gaol and to all and each of the Constables of the Colony.
Whereas His Excellency the Governor,
by order under his hand and seal, hath signified to me that re- quisition hath been duly made to him for the surrender of
accused of the conmission of the crime of within the jurisdiction of China, This is therefore
Inte of
to command you in Her Majesty's name forthwith to bring the said
before me or some other Magistrate sit- ting in this Court, to be dealt with according to the provision of the Chinese Extradition Ordinance, 1889," for which this shall be your warrant.
Dated the
day of
(Signed),
A Magistrate.
18
[ Seal ]
Form of Warrant of apprehension without order of the Governor.
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
To all and each of the Constables of the Colony.
Wheroas it has been shown to the undersigned, a Magistrate in and for the Colony of Hongkong, that
late of is accused of the coumission of the crine of within ilo jurisdiction of China.
This is therefore to command you in Her Majesty's name forthwith to apprehend the said
and to bring
him before me or some other Magistrate sitting at this Court to be further dealt with according to law, for which this shall be your warrant.
Dated the
lag of
(Signed),
A Magistrate.
18
[ Seal ]
The Daily Pre-
521
JONGKONG, MAY 18TH, 889.
THE CHINESE EXTRADITION BIL.1.
His EXCELLENCY-Before the Attorney. maral, reposes the first reading of this Bill, I
In all other
went on to refer at some length to the unsatis. Two took none at all. It is for that reason Th factory nature of the evidence of all Chinese or Majesty's Government have accepted my witnesses and the consequent difficulty of arriv- alternative proposal, that is, this Ordinance," ing at a just decision. Attention was then which was one of the alternatives sent in, and directed to certain objections against the have suggested in addition this clause about the proposed transfer of their extradition duties taking of affidavits in China Front the Magistrates to the Supreme countries affidavits are taken in extradition cases. Court suggested by Chief Justice Russoll. China is the only country in which hitherto His Excellency then spoke as follows: they have not been allowed and therefore China, I cannot go into all this, but I proceed to from her point of view. may have ground of mention that the delays and difficulties that complaint." It is possible that this clause may to say a few words, I had intended to have arisen in extradition cases have been due to be the means of sending away an innocent man, mensa e on this subject, but I have been the precautions taken against the rendition of a but that possibility exista now, and you mnet do unwell for the last few days, and the dutie possibly ino cont person. On that point, here something to render our obligations to China under The Governor of this colony have become so is the great difficulty in the matter. Either we the Treaty, real ones, instead of, as at prosent, deus of late that I find it is not always pos- have got to have the existing state of things practically setting them aside. It costs six or ble to write all I would desire. Therefore I going on, by which a large and rapidly increas-sever thousand dollars to send away the worst a compelled try and do my best, on such ing nu ber of Chinese criminals are living in criminal, and we have some four hundred of owledge as wave, to explain the matter in the colony-the police tell me there are 100 of them here at this moment, and we know that At the same time I wish to appeal to the re- then living here now, and though they may not this reputation for security is certain to spread. fers. The subject we have to discuss is on of commit crimes in the colouy itself they do News may spre d slowly in China but in time this place, a8 WA have abundant that is certain to spread. When we contemplate reme delicacy. If they do not think proper to make
then
the
for revision such remarks as I make, which evidence to show, a sort of basis for committ- what that means in the future, anybody who ak is the proper course to purane in a mating depredations on the neighboring country. considers the matter must come to the conclusion f international delicacy, I trust they will Now, therefore we have to face this state of that such a state of things canst be put an end As soon as this Ordinance came out-I did se extreme cantion about what is printed. things; a state of things which is producing to. ourse if that caution is not exercised it will increasing inconvenience, which by giving safe not read it before it went home, it having been watter of obligation with me in future to protection to crimnials is causing a great drafted by a former Attorney-General who rry high reputation, so carefully the meatings in private when such subjects amount of misery and wretchedness, and which had a
I otherwise should have done-I looked to be discussed. I have the strongest ob- is causing a great deal of irritation on the part as on to private meetings on matters of pu- of China, Hongkong being practically a refuge into it and I found certainly an objection interest, aud consequently I do not think for her criminals. We have either to allow this on one ground, namely that you create a essary to adopt that course on this ocoa-state of things to continue or we have to make certain insecurity on the part of long residents I merely ask, if it is not thought well to extradition a great deal more easy. On the in the colony, who may think that this extradi- my remarks for revision, tht extreme other hand we have another very great difficulty, tion law may be used for the purpose of undue on may be exe. oised with regard to the re-and that is to avoid causing fear on the part of exaction upon them. Now here pain is a very boxuse this is a natter which places me to respectable and law-abiding Chinese in this great difficulty. We cannot exempt tain extent on the horns of a dilemma: on Colony, who from their riobes or position from the law. That would be absolutely break- ene hand my explanation must be tolerably make themselves objects of enrsity to people in ing through our obligations. We are bound to and free, or it will be obscure; while ou power in China and thus render their position give ap anybody who is found guilty, whether etuer the exercise of that freedom renders it unsafe. That has to be avoided, and to steer; resident in Hongkong or otherwise, so long as honlt to avoid saying something or other that a course which will avoid Seylla on the one hand he is a Chinese subject. At the same time my international susceptibilities and Charybdis on the other is a matter of most Chinese friends in the colony may be perfectly tre touch
Their views have been represented ¦ consequently create difficulty. Now co siderable difficulty. I may say that 1 hold secure. regard to the Bill itself. Her Majesty's the view that the time has not yet arrived, but to me quietly, and the fact of the manner prerament have from time to time had their I believe it will come, when this evil will assume in which they were represented to me shows
extreme fear which exists of ntion directed both by reports from Go- such tremendous proportions, when it is known the ors of Bagong and from Hor Majesty's that Hongkong is such a secure place for Chi- officials of China in the Colony. It has been a Their views had to come Jaiters at Peking to the difficulties and delays nese fugitivo criminals, that what I venture to revelation to me.
surround the concession of demands for the think should be done now, namely to make through two or three hunds to reach me and tradition of Chinese criminals from this colony. extradition very easy, will be forced upon us. those who brought them forward did not wish to Sarly in my career hero a dispatch came out, to me Her Majesty's Government do not think that have their names disclosed. I know the feeling g me to make a report on the subject, and the time bas arrived, and consequently bave which largely exists among the Chinese, and I the same time requesting me to draft a law by accepted my alternative, which is practically this wish them to feel with regard to this Bill that hich the functions which are now discharged Ordinance. I may say they have made ex-any law abiding inhabitant of Hongkong will be the Magistrate in extradition cases should be tradition a good deal easier by the suggestion of just as secure whoy the bill is passed as he is now. sferred to the Supreme Court. I wrote a very the clanse relating to the taking of affidavits But we cannot make any special exemption in The Chinese would naturally say l despatch on the subject, and although it will in China. Of course the objection against their case. quite impossible for me to read the whole of this is that affidavits taken in
"You are given no such power under the treaty for reasons that I need not particularise, I not be trusted, and that you may through and you have no right to make any such excep nk it necessary almost to read some parts of it these affidavits give up innocent persous. tion." I think we have put into the Bill some- the best means I have of explaining some of 'The fact of the matter is that at present we thing which may make the law-abiding resident difficulties that surround this question.hare such tremendous precautions that the of the Colony more secure and less likely to be Ezecilency then prosceded to read passages Viceroy of Coton cannot get the worst criminal charged improperly for the purposes of exaction. bis despatch, dated 8th August. 1888, to except at a cost of six or seven thousand dollars. The agistrate has always had to report on each cretary of Stato, forwarding a draft Or-a d I think if the Chinese authorities wished it, case, but now he will be required to refer specially nce on the subject, together with remarks there would be almost the same possibility of in his report to the length of time the accused has ads at His Excellency's request by Chief Jus their getting any innocent person now as if we been in the oslony, the time which has elapsed
Russell and notes by the Attorney-General.
were to give up Chinese subjects on the mere since the commission of the crime for which ex- despatch mentioned the difficulties which had demand of the Chinese authorities. I have tradition is sought, and the character he bears. between Her Majesty's Government and talked over this matter a great deal with per- With regard to people who have not been in the Chinese Government in the interpretation of sons who are interested in it and they agree colony for any considerable time, for people who terus "eriminals" and "proof of guilt" as with me. In those cases with which I have and have escaped from China we must to a certain
in the extradition clauso of the Treaty of
extent relax the present law of extradition. were to do, I have had no doubts that the men ein. The Chinese Government held that monstrous criminals, but I bad donbts, not from His EXCELLENCY then again referred to bis word "criminals" included all who had any reason that could be expressed but rather despatch with regard to the difficulty of obtain- against the law of China, whereas Her from an instinct, and perhaps because of that I ing evidence that appeared thoroughly genuine ty's Government had excluded all offences ought not to have acted upon it,--1 had doubts I from Chinese witnesses and quoted the experi
ence of the Attorney-General with regard to j political character, and also, following the say as to whether the evidence in the cases was gert in the case of Kwok Ashing, all genuine. It seems to me that if the Chinese persons emamitted for trial, who were fre 20 not recognised as snch by European anthorities have an end in view, and that end a quently acquitted, by a jury, especially where ! s. As to proof of guilt," Her Majesty's good ous, they think they are justified in using counsel was employed for the defence. in conse- rent rejected as entirely insufficiat any means to accomplish it, a d in my opinion quence of discrepancies in the evidence given the Chinese desired should be accepted as the witnesses cailed in these cases were pro- before the judge as compared with that. before the magistrate. His Ex- amely, a charge made by a responsible fessional ones, although they proved the case given
official; but the practice had not been very beautifully. We know the extreme diffi CELLENCY continuing said-I am afraid I le by any very clear principle as to the culty, the almost impossibility of interpreting have tried your patience, perhaps unduly.. Bre of the proof required. Referonce was expressions
China can-
&
We
It
19
even impossible to
avoid
exactly in two languages but I wish to show you that I have thought doop- de to a particular case reported in a previous so different--even when a man sitsquietlyly with regard to this matter, and that I am patch, which His Excellency interrupted his in his study with plenty of time the perfectly well aware that there are weighty ar- ing to explain was a case with reference to task is far from an easy one--and the difficulty guments on both sides. This law, I venture to feuce against the ex misation laws o China. of making a cross examination effective is very say, with the precautions now taken, while said he ventured to think that was an offence great.
In fact some experienced men have placing the law-abiding inhabitaut of Hong- So the Chinese had a right to consider from given it as their opinion that cross-examination kang in quite as secure, if not a more secure posi
point of view a very serions offenes indged. in a different langnage is almost useless. My tion than before, will make it more easy than it cle of their system was based ou examina- experience in other colonies has been confirmed has been hitherto to get rid of notorious crimin and he could quite imagine this was one of here. From everybody I speak to on the sub- als. Of course it is terrible thing to Forst offenges a Chinese could be guilty of. ject, from the Chief Justice to the Magistrate think that may give up an innocent; ruck him, therefore, we ought in such a case and all those who have conducted these enses in man.
outside the principle that had governed Court, I have the same story. A man may make that sometimes in England. Here under the Fudition laws hitherto and make it an extra i-
up a story and although you are certain it is conditions in which we live it is somewhat more offence However, his view had been over- an untrae que, Cross-examination fails completely imposs ble, but after fully considering the sub- ed on that point. His Excelleney then re-
to affect it. That being the caso, with all these ject I think the evil which will ensae if the pre- the reading of his despatch, in which, precautions we runder it no less likely that an seut state of thing continues will be far greater end applications for rendition under the pre-baliove that is the
reference to the difficulty and delay which nocent person may be given up. I firmly than the somewhat increased possibility, that Casa I firmly believa is if it is increased, which I doubt, of sometimes ystem, and to different views which have a while our precantions render it more giving up an innocent man. Failed as to what should be decreed suficient diffenlt to secure the estradition of a criminal, The ACTING ATTORNEY-GENERAL-1 beg arce to justify the surrender of a person they do not render it less likely that an inno. to move the second reading of this Bill. After 0 rendition is applied for. His Excellency cent
if Your Excellency's remarks I do not propose to
may person
extradited than be
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