5.
instructions to
It is our view that there is nothing in section 17 of the 1870 Act which precludes the Secretary of State from giving
the Governor or exercising the power himself. But we are particularly sensitive on this point at the moment in relation to one colony and we would not want any change in wording or approach to cast doubts on the Secretary of State's
powers.
6.
We therefore would wish the formula in subsection (3) to be in the terms that the powers of the Secretary of State may be exercisable/are exercisable by the Governor rather than in terms which suggest that the Governor is substituted by the Secretary
It would probably be more consistent with the form- ulation if we reverted to the earlier formulation of subsection (4) ie, "An extradition request may be made to the Governor".
of State.
Iain MacLeod
Legal Advisers
CC:
Mr D J Bentley Mr P Fifoot
-
Home Office
Mr I Hendry Mr C Hum Mr P Monk
Legal Advisers/FCO
Legal Advisers/FCO Hong Kong Dept/FCO NED ECO