CO129-378 - Governor Sir Lugard - 1911 [6-7] — Page 166

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COPY. No. 7605/1907.

Sir,

Government House,

20474 Hongkong, 8th. June, 1911.

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10 JUL II

163

I have the honour to acknowledge receipt of your letter of 29th. May, 1911, enclosing a typed copy of your sum-

-ming up in the prosecution under Ordinance 15 of 1907. I cannot

myself see any anomaly in the fact that the offence of which the

accused was convicted would be considered as a political offence

for purposes of extradition and his surrender refused, yet the

offence if committed in Hongkong is punished.

Ordinance 15 of 1907 was based on a principle

already recognised by His Majesty's Government, in the China and Korea Order in Council and was not disallowed by His Majesty. Clearly the offence it creates is not one for which a person

could be extradited first because it refers to an act done in

this Colony and not in China, and secondly because it is of a political nature, and therefore opposed to the principle governing

the selection of the classes of crime to which extradition laws

apply.

If "in this case the Government has discarded the

principles of asylum which we are to afford to political

criminals" it is first because of the extreme proximity of this

Colony to the capital city of South China, and secondly because

the offence created refers not to past acts of the accused but to

active and continuing acts calculated to stir up tumult in China.

I am not aware that the Ordinance was passed on

the advice of the Home Government as stated by Your Honour.

I have etc.,

(Sd.) F. D. Lugard,

*JIAN. 10,

Jo1b17 1, tobianco osna[4

His Honour

The Chief Justice.

Governor,&c..