CO129-379 - Governor Sir Lugard - 1911 [8-9] — Page 333

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I would first observe that the erroneous use of the word

"extradited", both in my minute of 21st. April, 1911, and in

Mr. Clementi's letters to Mr. Wei Han is only a quotation of

the phrase used by Mr. Wei Han in the conversation, and appears

to be responsible for a further misunderstanding. I was of

course well aware that we have no treaty under which we can

claim extradition of criminals from China. But at first sight

it seemed to me that if the Chinese Authorities could be

encouraged to voluntarily hand over any fugitive criminal in

much the same way as Mr. Langley describes the action taken by

the United States of America the trial of such fugitive crimin-

-als would be immensely facilitated. For it needs no detailed

description to set out the advantage of a local trial if it

could be secured in spite of the fact that we have no bi-

-lateral treaty of extradition with China. Mr. Wei Han was

(erroneously) understood to suggest this informal surrender,

stipulating only that a Chinese Official should be sent from

Canton to attend the trial and sit on the bench without taking

any part whatever in the trial. The stipulation seemed to me at

first sight a reasonable and a cheap one to secure the benefit

in view, but I replied that I would consult my legal advisers,

and of course I would have referred the matter to you before

concurring.