CO129-383 - Public Offices - 1911 — Page 606

600

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His Majesty's Government are careful not to take any action

in the way of securing fugitives by asking for their return

in this way.

It is left entirely to the discretion of the

immigration authorities of the foreign state concerned.

In dealing with a country like China and in view of the

considerations already set out, Sir E. Grey entertains

grave doubts as to the expediency of persons deported, who

are known to be wanted for an offence in China, being

deliberately handed over to the Chinese authorities. He

gathers that this is also the view of Sir F. Lugard.

Passing to paragraph 4 of your letter Sir E. Grey con-

curs in the views therein expressed. The judicial authori-

ties in Hongkong, and they alone, are competent - as indeed

they are bound by the provisions of the Extradition Acts

to consider the evidence on which surrender is granted. It

has nothing to do with the British Consul in Canton, whose

functions should be restricted to watching a case of a

prisoner surrendered from Hongkong, and protesting if he

considered he was not accorded a fair trial, or that the

sentence