CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 502

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

489

mis-informed in thinking that at

any time since 1850 it has been

the practice to extradite Chinese

criminals on evidence satisfactory

to the british consul in Canton

without the necessity of pro-

ceedings being taken in Hong Kong.

A surrendered criminal is of

course not tried for his offence

until he reaches the country to

which he is surrendered, but Mr.

Harcourt is strongly of opinion

that there should always be a

magisterial investigation in the

country in which he is arrested

in order to secure that he shall

only be surrendered in a proper

case, and he would be opposed to any

alteration of a procedure whichhas

in Hong Kong

been established with regard to

"A

Chinese criminals for at least 60

years and is followed in other

DRAFT.

in accordance with the principle of proutun in use generally throughout..

parts of the British Empire under

the Extradition Acts, or under local

enactments based upon the Extradition

Acts.

5. Mr. Hercourt is not

inclined to view with favour the

further suggestion made by Ir. Wei

Han that in cases where a British

subject is arrested in China a Chinese

Official should sit upon the Bench

though taking no part in the trial.

Sir E.Grey will remember that in

recent correspondence the Governor

referred to the conduct of the Chinese

Superintendent of Telegraphs in Hong

Kong who evinced a tendency to inter-

fere in matters outside his province;

end

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