CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 103

Enclosure No. 3.

102

Paraphrase of Cypher Telegram.

From

H.B.M. Minister, Peking.

To

Governor, Hong Kong.

Date

28th September, 1921.

With reference to your despatch of September 9th I consider

it impossible to overcome political opposition to legislation

proposed. Under present ordinance officers with provincial

de facto authority have, I fully believe, carried on proceed- ings for extradition satisfactorily and unfailingly since

revolution, and the interpretation of Chinese Government now

used, i.e. "Officer administering a provincial Government"

is I consider more fitted to conditions locally and safer

than any other. At a very unfortunate moment the Hong Kong

Courts will be raising most unpleasant issues of diplomatic

importance if they think fit to question now the suitability

of this interpretation, but rather than that we should

recognize formally and spontaneously the partition of China

I should prefer such an issue to arise.

I very much fear that the resulting confliction

with treaty basis of all proceedings connected with extrad-

ition may be considered as grounds for not allowing the

legislation proposed, if the views of the Court are maintain-

ed.

It would be unfortunate to suspend in any way or

for any cause whatsoever, extradition; and would it not be

advisable, in order to find a possible solution, to refer

the question to Law Officers of the Crown. I have repeated

this to Canton.

ALSTON.