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torture in China has been "abolished" by Imperial decree.
The decree has, however, to a great extent remained a dead
letter as strict obedience to it, in the present state of
Chinese Law, would make the administration of justice im-
-practicable.
4.
I do not desire that Your Lordship
should take any action in this case which may bring the
San On Magistrate, who is reported by Mr. S. B. C. Ross to
have shown great ability and courtesy, into trouble with
his superiors: but I venture to emphasize the fact that
for many years past the natives of the New Territories have
been told that they are British subjects, that they now
see that, whereas a British subject guilty of a crime in
China is handed over to the British Consular Authorities,
a native of the New Territories guilty of a crime comiitt-
-ed in that Territory if apprehended in China is dealt with
by the Chinese Magistrate, that the British Officers
administering the New Territories attend the Chinese Court
in connection with the case, and finally that, although a
fugitive offender escaped to this Colony from China is
only extradited from this Government to the Chinese
Authorities under a strict guarantee that no torture shall
be inflicted upon him, yet a native of the New Territories
arrested
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