would not come into the case.
23664
199 Hongkong
258
My suggestion is based on what Sir H. Blake says in his private letter to Mr. Chamberlain, now annexed, "Suggest that it would be well to have the assurance formally conceded now 'at Peking'"
This question of torture is a very old one. The 21st Article of the Treaty of Tientsin provided for the surrender of "Chinese criminals" between China and Hongkong (see p. 23 of the enclosed volume); and it was noted that the Chinese government and our minister agreed that such extradited criminals should not be tortured prior to execution.
In cases other than murder, it has been the custom to get an assurance prior to extradition from the Viceroy of Canton that torture shall not be used, but the difficulty has been to ensure that the assurance is kept. There has been voluminous correspondence and two sets of Law Officers' opinions on the subject.
In the case of Canton, Sir H. Blake has obtained an assurance that a British officer shall be present at the trial of the accused prisoner. My draft proposes that this rule, like the treaty, shall apply in the case of prisoners extradited from British territory to Canton, but it might be added to cover cases generally.
C.P. 2, 18 June. I think, as altered in red ink, it is quite reasonable.
Mr. Chamberlain,
2 drafts
26 July 1901
I have the honour to acknowledge the receipt of your despatch of the 31st May, enclosing correspondence as to the practice of torture in China.
3. I am glad to learn that, with the cooperation of H.M. Minister at Peking, you have secured that for the present, at any rate, a British officer shall be allowed to be present at the trial of any criminal extradited.
MINUTE.
Mr. Antrobus.
Mr. Corr.
Mr. Lucas.
13 Aug. 1882
Sir M. Ommanney.
13 July 1901
Sir F. Graham.
སཾ ཏཏི '' མཾ
€
would not come into the case.
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199 Hongkong
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My suggestion is based on what Sir It Blatke says in his private
letter to M: Chamberlain, now annexed, "Suggest that it would be well to have the
formally conceded now
"at Peking"
This question of torture is
a
by
is a very
Man I
the central authat
DRAFT.
old one. The 21st at Hong Kong
of the Treaty of Tientsin pruntled for the surrender of "Chinew criminals between China and Hagkong
p. 23 of the enclosed volume; and the not. to thatf Itthat the Chines goot & our minister aqu
Shores
that such extradited criminal, should not fr.
tortured prior to execution.
In case
9
other wh
-No. 2+]
Sin H. Blake Semy
MINUTE.
Mr. Antrobus.
amMr. Cor.
Criminals it has been the custom to get an assurance - prior to extradition from the Vicers
Mr. Lucas.
13.
Augh tout 3882
Anod further
· July 196s
Sir M. Ommanney. 13
9. Canton that Fature shall not be used, but the tr. Oraham. difficulty has been to ensure that the ass
is liept to. There has been voluminous correspondin I two sets of Law Offices opinions
on the subject:
In the case of Canton & with the present ricergy Canton, Six HBlake has obtained an assinanu a British grice shall be present at the trial of the colade prisoner. My dragt proposes that this rule like the The treaty shall apply in the case of prisoners extrasite from British beanston. Not much by Canto, but bole
ait might be added to caress generally.
criminal offence
& not menty for murder; If the draft is fren to misunderstanding, it muf to altered as in red intr
for any
extradit
C.P.2 18 June.
Jes. I think, as altered in
red lick, it is puite reasonable 0.7 19.7
Burt of Onslow.
Mr. Chamberlain,
2 hafts
26. July 1901
I have the hmour to "Act: the receipt of you despot de 910-199 If the 31 thg May, enclosing carespondence as to the practice of torture in
China.
3. I am glad to bein
that with the cooperation
9
H.M. Mivister at
rate
Petting you have secured that for the present at any a British officer shall be allowed to be present at the trial of any Criminal extradited
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