CO129-378 - Governor Sir Lugard - 1911 [6-7] — Page 160

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

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and he would find an asylum in England. In fact as you know extra- -dition is a deliberate violation of what was called in interna- -tional law the right of asylum and there is no doubt that England has carried this right of asylum with regard to political offenders to an extreme which is now beginning to be recognised as unnecessary and it is quite probable that the extradition of political offenders will very soon become one of the recognised means of stopping revolution in Europe. Gentlemen, that does not show that this Ordi- -nance is nonsense. This Ordinance is a deliberate departure from that principle of extradition which has been so long established. The Government has thought it necessary in this case to discard the principles of asylum which we are used to afford to political crimi- nals, even Chinese. They have deliberately passed an Ordinance which will enable persons who incite rebellion and who incite to crime to be punished here, although they would not perhaps be surrendered to China, That is the deliberate conclusion which the Legislative Council has come to and it is my duty to explain the law to you and it is your duty not to fly in the face, as I think Lir. Potter has rather asked you to do, of the deliberate law which the Council has formulated, but to give it a reasonable interpreta- -tion. Gentlemen, there is one other matter. We all know that China subjects herself to a great deal of criticism, but the basis of this law is that the King's Government has undertaken certain obligations, obligations of friendship and commerce with the Emperor of China and it is bound to recognise the existence of the Government as a Government and as much a Government as the French, Russian or German Governments. It is bound to fulfil these obliga- -tions to that Government just as it would to any other. Now one of the things which it has been thought for a long time past was necessary to do to assist the Chinese Government in their diffi- -culties, whether they are Manchus or whether they are any other Government, is the decision of the British Government that inciting Chinese to tumult or disorder, or hostility to the Chinese Go vern- -ment, is treated as an offence. The first sign of that is to be found in the Orders in Council which govern the relations of

British

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