CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 374

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COPY.

No. 3381.

sir,

CO

37027

Rece

369

Hongkong, 11th. October, 1911.

Rroß 17 NOV 11

As you are aware, the Hongkong Ordinance for the temporary detention of certain Foreign Offenders, No. 1 of 1872 applies only to persons who being subjects of a Foreign Government and having been accused or convicted of any crime alleged to have been committed in China or Japan are brought within this Colony in the course of their transmission.

The Ordinance then provides for the temporary

detention and custody within the Colony.

Now it has happened several times that persons of German nationality who had committed crimes somewhere else than in China or Japan, for instance in Germany or in the German Colonies in the South-Sea, were brought as prisoners on board of the German Kail Steamers through Hongkong on their way for trial in Germany.

According to the Ordinance mentioned above it was impossible for His Excellency the Governor to issue a warrant against the persons and have them committed to Victoria Gaol.

The man who after having committed a crime

in Germany and after much trouble and expenses finally was arrested in Japan and extradited there was at liberty to do what he liked in Hongkong. The man who had committed heinous offence in the South Sea could go wherever he liked in Hongkong although he was undoubtedly a most undesirable increment to the Colony.

Under these very unsatisfactory circumstances

I beg to suggest that the ordinance in question might be altered by eliminating the restriction to China or Japan.

If that does not seem feasible I beg to ask

you whether there would be any objection on behalf of the Hong- -kong Government that the prisoner stays during the stay of the

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