The occasion of its issuance was probably the arrest, at the Chinese town
near Hong-Kong, of a member of the Triad Society a year and a half ago. He
started in a steam-launch to go to British Kowloon, which is opposite to
Hong-Kong. The launch changed its destination and went to the Chinese town.
The man jumped overboard, but was arrested and executed.
The examination into the case did not disclose any guilty complicity of the
managers of the steam-launch, and the matter was dropped. The seizure of the
man alongside the wharf did not constitute an infringement of international
law. The proclamation is issued in order to guard against similar
occurrences in the future.
[Inclosure in No. 569.]
a chinese proclamation on rendition.
[The rendition proclamation of four high imperial officers
of Kwang Tung: Ko, provincial treasurer; Wong, chief criminal judge;
Ging, salt commissioner; Tin, grain intendant.]
The proclamation is said to be for general information. It is issued in
accordance with instructions received from the Tsung-li Yamên by Chang,
viceroy of the Two Kwang, to the following effect:
“The treaties between China and foreign nations contain clear provision
for the rendition of law-breakers.
“For a considerable period no differences or difficulties arose.
“But in the instance of some criminals of great notoriety special methods
were resorted to. Fearing that if reports were made and their rendition
applied for, the matter would leak out and certain criminals known to be
in hiding under foreign juristion would contrive to make good their
escape, attempts were made to effect arrests without first reporting to
the (foreign) authorities concerned.
“Such practices are contrary to law, and in the result lead to much
trouble.
“Foreseeing this, instructions are now forwarded that all subordinate
officials under the viceroy’s control may be enjoined to act in
accordance with the treaty provisions. When a Chinese criminal flees for
hiding to a foreign country the matter must be reported to the officials
of that country, and application made for the rendition of the culprit.
No secret devices may be resorted to with a view to make an arrest.”
The viceroy is further directed by the Peking authorities to issue a
proclamation conveying to his subordinate officers the instructions of
the Tsung-li Yamên. This is done accordingly by the high provincial
authorities (above named) in the viceroy’s name.
The proclamation proper is addressed to all whom it may concern, civil
and military:
“From this time onward none may engage in secret attempts to capture
(Chinese) criminals who are under foreign protection.”
Positive directions are added:
“First report on the matter to your own officials that they may make
representations to the viceroy. He will make applications that criminals
in hiding abroad be delivered up for proper punishment. Use no underhand
devices to arrest criminals, lest trouble be thereby caused.”
Issued in Canton,
4th January,
1888.
