CO129-410 - Governor Sir May - 1914 [3-5] — Page 122

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121

Government House,

Hongkong, 23rd.February, 1914.

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I have the honour to acknowledge the receipt of Your

Excellency's letter of the 11th. February forwarding copies of

further correspondence with the Wai Chiao Pu regarding the extra-

-dition of Chung-Hsiu-nan.

2. The Tai Chiao Pu point out that under the Treaty of

Tientsin criminals, on proof of their guilt, are to be delivered

up, and they draw attention to the Regulations of 1850 whereunder the Police Magistrate commits a criminal to prison, if it appears probable that he has been guilty of the offence with which he is

charged. But under the law governing extradition the decision of

the Police Magistrate as to proof of guilt is not final and the

person whose extradition is required nas the right of appeal on

this point, in the first instance to the Full Court of Hongkong,

and from that Court to the Privy Council. The Police lagistrate

comɑite to prison if it appears to him probable that the prisoner

is guilty but if the prisoner challenges the Magistrate's finding

the Governor cannot take action until the question of proof of

guilt is finally settled.

3. I shall be glad if you will be so good as to point out

to the Wai Chiao Pu that the procedure observed in extradition

matters is not peculiar to Hongkong, but that it prevails through-

-out the British Empire and applies to the subjects of all the

Powers with whom Extradition Treaties have been arranged.

I have etc..

(sd.) F. H. May,

Governor,&c..

His Majesty's Minister,

Peking.