It appears to his Lordship to be inconvenient that the question should be raised for the first time when the Court of Appeal, which might thereupon be called upon to reverse the decision of
a Magistrate for reasons
could not have been brought under his notice.
It is not, perhaps, easy to determine whether the political question should be left to the sole decision of the Executive, or whether it should be dealt with in the first instance by the Magistrate, subject to review by the Court of Appeal, and to the final determination of the Governor under the 10th section.
Lord Framville is inclined to prefer the latter course.
The practice, as pointed out by Thomas Henry in his evidence before the Extradition Committee, Question 492, seems to arise in cases of charges of murder; and it seems harsh to call upon a Magistrate merely on Appeal to decide that the offence charged amounts to "Murder" within the meaning of the Ordinance, when it may be notorious that the killing was political and not a murder in the legal sense of the word.
Lord Framville comes with the suggestion that the word "shall" should be substituted for "may".
With respect to the comments upon section 12, the addition of a few words "or until the acquittal of the fugitive from