CO129-314 - Public Offices - 1902 — Page 117

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I accordingly addressed an urgent Note Verbale

to the Imperial Foreign Office, copy of which I

have the honour to enclose, stating the facts of

the case and expressing the earnest hope that the

man's arrest would be ordered.

On the following day an official of the Foreign

Office called at His Majesty's Legation and inform-

ed Mr. Lay, Acting Japanese Secretary, that the

Minister of Justice refused to order the arrest of

the fugitive, and that in the absence of an Extra-

dition Treaty between Great Britain and Japan the

Imperial Foreign Office were unable to urge him to

do so.

He added that although on one or two occa-

sions prior to the operation of the new treaties

similar requests had been granted, this could not

be done now that the new treaties were in force.

My attention was also called to the fact that the

last application for the arrest of a fugitive of-

fender, in 1897, had likewise been refused, as re-

ported in Mr. Lowther's despatch No.11 Treaty of

the 2nd of June of that year.

I then addressed a further Note Verbale to the

Imperial Foreign Office, copy of which is enclosed,

asking that if the arrest of the fugitive were not

possible, the Police should at least be instructed to

watch his movements, in order that his whereabouts.

might be known and his destination should he leave

Japan.

On the 9th instant Mr. Lay was summoned to the

Imperial Foreign Office and had an interview with Mr.

Miyaoka, Head of the Legal Department, who stated

that the Minister of Justice was quite unable to or-

der the arrest, as the loose methods of former years

could not now be followed. He added that an arrest

of this nature was a high act of state only justifi-

able, in the absence of an Extradition Treaty, under

the most exceptional circumstances. Telephonic in-

structions had, however, been issued on the previous

evening to the Local Authorities at Yokohana to watch

the man.

the

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