W.35.
Magutoney Hongkong 23th April, 1887.
H. & Modehouse, Eg: CinG., Phee Magictrate Jo
Hon. J. Stewart, LL.D., Acting Colonial Secretary.
Adverting to the opinion of the Acting Attorney General which has been forwarded to me for my information and guidance on the action I have taken in the matter of the rendition case, I have the honour to respectfully deprecate what appears to me a somewhat unconstitutional interference with the discretionary powers belonging to the magistrate having conduct of the case.
What I have done is to week to week pending the decision of a side issue which has been raised during the course of the proceedings. It has been competent for any party at any time when the case has come up for further adjournment to make application in open Court, and I would respectfully submit if in the interests of the Crown the adjournments are undesirable, the constitutional course is for the Government to appear and show cause, and not to step in behind the case and bring pressure to bear on the Magistrate in the direction of the adoption of a particular course.
29.
130
Case adjourned from week to week...