359
be regarded as a proper performance of the Treaty
obligations of this country; and His Lordship must
therefore adhere to the opinion expressed in Mr. Ber-
July that
tie's letter of the 4th July that some reference to
the reservation in question should be made in the
Order.
As regards the further suggestion that it might
be sufficient to pass a Colonial Ordinance maintain-
ing Chinese Courts for the trial of Chinese subjects
according to the law of China, but on the understand-
ing that no torture should be inflicted, and that
sentences of imprisonment should be carried out in
the Colonial prisons, Lord Salisbury considers that
it would be much better not to assume any responsi-
bility with regard to Chinese judicial methods in
Kowloon City. In the event of their ever being
of such a barbarous character as to constitute a
scandal, the matter might be dealt with when the
occasion arises. If the Hongkong Authorities now
proceed in an attempt to regulate Chinese justice by
Colonial
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Colonial Ordinance, they must make themselves to some
extent at least responsible for it, which could hardly
fail to prove a source of grave embarrassment.
For these reasons, Lord Salisbury, while giving
due weight to the considerations advanced in your lot-
ter under reply, is of opinion that it would be better
to insert in the Order in Council some quotation from
the Convention, or mention of the reservation in regard
to Kowloon City, so as to make clear the intention of
Her Majesty's Government to fulfil their Treaty obli-
gations in this respect.
I am,
Sin,
t
Your most obedient,
humble Servant,
Thibenderson
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