CO129-314 - Public Offices - 1902 — Page 136

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make personal representations to the Viceroy with a

view to securing His Excellency's concurrence in the

permanent adoption of the above temporary arrange-

ment for the treatment of extradited prisoners.

AC-

cordingly I approached the Viceroy at a personal in-

terview and was able to secure His Excellency's &8-

sent to the proposal. On my return from this inter-

view I sent His Excellency's 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 Vice-

roy has assented to the procedure in the "Persever-

ance" 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 pri-

soners extradited from Hongkong has been long recog-.

recognized by the Provincial Authorities at Cunbon,

and it has been the custom for the Viceroy, in apply-

ing for extradition of prisoners, to give & writton

assurance to this effect. I would therefore res-

pectfully suggest that as this stipulation is still

in force, it is not necessary to secure any rerewal

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.a., without the confession of the accused,

foru, I venture to think, as good a guarantee as can

well be secured that torture shall not be inflicted

upon extradited prisoners.

These safeguards, to-

gether with the additional one of inspection before

their executions of any prisoners who may be sentenced

to death are all covered by the wording of the

Viceroy's despatch of 8th. November.

In conclusion, I would venture to express the

opinion that the "Perseverance" Case, having been

nized

dealt

ne