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this interview I sent His Excellency a despatch recording the result of our conversation and received, on the 8th instant, in reply, a communication repeating his assurances upon this point. I have the honour to enclose herewith copies and translations of these two notes, from which it will be seen that the Viceroy has assented to the procedure in the "Perseverance" Case being accepted in all particulars as a precedent for the trial of all future prisoners extradited from Hongkong.
As you are aware, the rule that torture is not to be employed by the Chinese Authorities upon prisoners extradited from Hong Kong has been long recognized by the Chinese Authorities at Canton, and it has been the custom for the Viceroy, in applying for extradition of prisoners, to give a written assurance to this effect. I would therefore respectfully suggest that as this stipulation is still in force it is not necessary to secure any renewal thereof. Such assurance and the presence of a Consular Officer at all hearings of such cases, together with the acceptance of the principle that convincing evidence shall of itself justify conviction, i.e. without the confession of the accused form, I venture to think, as good a guarantee as can well be secured that torture shall not be inflicted upon extradited prisoners. These safeguards, together with the additional one of inspection before their execution of any prisoners who may be sentenced to death are all covered by the wording of the Viceroy's despatch of 6th November.
In conclusion I would venture to express the opinion that the "Perseverance" case having been dealt with in this manner, it naturally in accordance with the principle of Chinese Law, becomes a precedent for the conduct of similar cases throughout the Empire, and can always be quoted and maintained as such in all Chinese Courts without further reference to the Central Government.
I have etc.,
(Sd.) James Scott.
まずす
656
this interview I sent His Excellency a despatch recording the
result of our conversation and received, on the 8th.instant, in
reply, a communication repeating his assurances upon this point. I
have the honour to enclose herewith copies and translations of
these two notes, from which it will be seen that the Viceroy has
assented to the procedure in the "Ferseverance" Case being accepted
in all particulars as a precedent for the trial of all future pri-
sonera extradited from Hongkong.
As you are aware, the rule that torture is not to be
employed by the Chinese Authorities upon prisoners extradited from
HongKong has been long recognized by the Chinese Authorities at
Canton, and it has been the custom for the Viceroy, in applying for
extradition of prisoners, to give a written assurance to this
effect. I would therefore respectfully suggest that as this stipu-
lation is still in force it is not necessary to secure any renewal
thereof. Such assurance and the presence of a Consular Officer at
all hearings of such cases, together with the acceptance of the
principle that convincing evidence shall of itself justify convic-
tion, i.e. without the confession of the accused forr, I venture to
think, as good a duarantee as can well be secured that torture
shall not be inflicted upon extradited prisoners. These safeguards,
together with the additional one of inspection before their execu-
tion of any prisoners who may be sentenced to death are all covered
by the wording of the Viceroy's despatch of 6th. Noveaber.
In conclusion I would venture to express the opinion
that the "Perseverance" case having been dealt with in this manner,
it naturally in accordance with the principle of Chinese Law,
becomes a precedent for the conduct of similar cases throughout the
Empire, and can always be gucted and maintained as such in all
Chinese Courts without further reference to the Central Government.
I have etc.,
(Sd.). James Scott.
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