CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 107

Copy.

Copy to Canton.

Sir,

Enclosure No. 5.

106

British Legation,

Peking.

July 17th, 1922.

I have the honour to acknowledge the receipt

of your despatch of the 1st ultimo on the subject of the

Hong Kong Extradition Ordinance which has received my careful

consideration.

The late Civil-Governor of Kuangtung was not

the first to deny the authority of the recognised Government

of China, and for years Extradition proceedings have proceed-

ed smoothly with his predecessors in office who while denying

the authority of the recognised Government of China still adhered to Treaty provisions and were recognised by the Hong Kong Government as "officers administering a provincial

goverment" for the purposes of the Ordinance of 1889.

From the practical as apart from the legal

standpoint I admit I am at a loss to understand why this

state of affairs cannot continue. Fugitives may take the

point under discussion, but I should be surprised to learn

that it had been allowed or taken at this late date by the

Courts, who must be aware of the unfortunate effect of

suspending extradition and thus putting a premium on crime

for the sake of a technicality.

Extradition between Hong Kong and China may be

unilateral, but it none the less rests upon treaty provisions

His Excellency

W. Claud Severn Esquire, C.M.G.,

Acting Governor,

HONGKONG.

and