Published online by Cambridge University Press: 10 November 2025
This chapter focuses on the legal ramifications of the rendition of Taiping Lieutenant Hou Yutian (mistakenly identified as Mo Wang) by the Hong Kong government to the Canton administration in 1865. This case was the first to reveal the tension between the Treaty of Tianjin (1858) and colonial law regarding fugitive rendition. The strong reaction of the British public to the execution of Hou by “lingering death” led to Britain’s amendment of its fugitive rendition procedure under the Treaty of Tianjin. The British government henceforth no longer considered “political offenses” as an extraditable crime to China and stipulated that no prisoner could be surrendered without a guarantee by the Chinese government of a “fair trial” and a pledge not to use any torture. While the Qing government accepted the amendment as an act of expediency, the British Foreign Office interpreted it as an acquiescence to British rules of extradition and the Political Offense Exception (POE).
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