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(iv) Supposing judgment were to be given against Chan Hing,
it would follow that Government would be expected in future to prosecute for offences committed within the Walled City; indeed, there would be no ostensible reason for not doing so (see also paragraph A (a) (iv) above) and this might lead to a whole series of cases in which jurisdiction issue might be raised and which would be the subject of all forms of exploitation,
(v)
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Discussion of the 1899 Order in Council leads inevitably to public discussion of the 1898 Order in Council Article 4 of which it revoked, and the Peking Treaty of 1898 regarding the lease of the new terri- tories whose terms gave rise to the doubt about jurisdiction in the Walled City, This might well open up discussion of the whole treaty relationship of China and the United Kingdom in regard to the Walled City, although H.M.Charge d'Affaires doubts whether the Chinese Government would press the argument to that conclusion.
B. Deportation
(a)
Arguments in favour.
(i) Chan Hing has stated to the police that if he is to be deported he would wish to go to his native place on the Chinese mainland. He would therefore go voluntarily to China and, if admitted, stay there.
(ii) This would be calculated to attract a minimum of attention, since it represents no departure from existing policy and practice in respect of lesser crimes,
(iii) Deportation to the mainland is a punishment, though
by no means a normal punishment for murder. If associated with a drive by the police against Chan Hing's Triad and narcotics associates in the Walled City with a view to deporting them also, the bad effect of not prosecuting and the encouragement that would otherwise be given to lawless elements could be lessened,
(6)
(iv) Propaganda exploitation by the Communists would be
confined to charges such as they have previously made against the Hong Kong Government regarding inability to preserve law and order; and if law and order were otherwise preserved the charges would be seen to be hollow. There would be no opportunity given to the Communists to raise the treaty relationship of China and the United Kingdom in regard to the Walled City.
Arguments against,
(i) The fact that murder went unpunished would be a shock
to public pinion both in Hong Kong and abroad cularly in the United Kingdom and U.S.A.
parti-
/(ii)
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