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5 - Founding Alsatia

Published online by Cambridge University Press:  10 September 2025

Ivan Lee
Affiliation:
National University of Singapore
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Summary

This chapter tracks the modernisation of the extradition law of Hong Kong against the backdrop of empire-wide legal reform. In 1865–73, two explosive scandals caused imperial officials and judges to impose belated restrictions on the colonial removal of fugitives to China. The first, the case of How Yu-teen (1865), involved embarrassing allegations of British complicity in China’s violent execution of a political refugee; the second, Attorney General of Hong Kong v. Kwok-a-Sing (1873), was a habeas corpus dispute born of colonial infighting and the only extradition dispute to reach the Judicial Committee of the Privy Council in the nineteenth century. These scandals propelled Hong Kong away from the flexible and jurisdictional practice of rendition, as imperial officials ignored colonial fears of establishing a Chinese ‘Alsatia’ – a disreputable refuge for Chinese criminals. The new reality – the imperially homogenous, late-Victorian law of extradition – carried drastically heightened and irreversible expectations of individual rights and executive comportment.

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  • Founding Alsatia
  • Ivan Lee, National University of Singapore
  • Book: Extradition and Empire
  • Online publication: 10 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781009356961.006
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  • Founding Alsatia
  • Ivan Lee, National University of Singapore
  • Book: Extradition and Empire
  • Online publication: 10 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781009356961.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Founding Alsatia
  • Ivan Lee, National University of Singapore
  • Book: Extradition and Empire
  • Online publication: 10 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781009356961.006
Available formats
×