CO129-613-6 Arrest of members of the Kwang Tung Provincial Peace Preservation Corps 10-1-1947 - 25-11-1947 — Page 23

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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0.462 (10724/1082/47)

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Mr. MacDougall, Hong Kong.

His Britannic Majesty's Embassy present their

compliments to the Ministry of Foreign Affairs and have

the honour to refer to the Ministry's memorandum Ou Series

No. 36/13901 of the 3rd July on the subject of the arrest,

trial and conviction of two members of the Kwangtung

Provincial Peace Preservation Corps.

The Embassy have the honour to observe that it

has been confirmed from the Hong Kong Government that the

acts for which the two men were tried were proved in a

properly constituted Court of Law by a judge sitting with

a jury to have been committed within the territorial

waters of Hong Kong and to be contrary to the laws of that

territory. The right and competence of the Supreme Court

of Hong Kong in respect of illegal acts done anywhere

within the boundaries of Hong Kong whether on land or

water can not be questioned. The jurisdiction of the

Hong Kong Courts of Justice in the present case is there-

fore clearly established.

As the Embassy previously informed the Ministry,

the individuals concerned were found guilty of acts of

armed violence with intent to rob which would in itself

indicate that they could not at the time have been engaged

in carrying out the orders of their superiors. Moreover

the records show that the junk which the men attacked was

loaded with fish and no evidence appears to have been

adduced at any time to establish the allegation that it

was engaged in amuggling rice into or out of Chinese

territory.

/In view

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