Dimensions of Extradition and Empire
Published online by Cambridge University Press: 10 September 2025
This chapter makes a case for rethinking the early history of colonial Hong Kong – for seeing the young colony as an ambiguous juridical space, shaped and bounded by inchoate ideas of extradition. History has forgotten this feature of early Hong Kong because most studies have assumed, anachronistically, that the Opium War treaties of 1842–43 instituted ‘extradition’ between Hong Kong and China, in addition to British ‘extraterritoriality’ in China. In fact, these ideas took time to crystallise from fuzzier arrangements for dividing jurisdiction. This jurisdictional ambiguity coincided with the belated rise of territorial thinking in the British Empire. It also coincided with ongoing developments in the British approach to surrendering fugitives to foreign states – a procedure that legal actors were only starting to refer to as ‘extradition’. So, historicising the idea of extradition allows us to understand how British actors perceived their practices in Hong Kong and China in comparison to their practices elsewhere. This perspective reveals that the imperial origins of extradition involved crucial experiments in the colonial ordering of territory, people, and executive power.
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