512
The Consul, however, knows 17.
The Viceroy would be satisfied with
The following
Edict
resid...
Lawyers be allowed to
(1) That no
appear
on either side.
opposed to any
any such
such concession.
(2) That the Registrar General should act as Assessor or supersede the Magistrate altogether.
concession
is equally opposed to this
It would require Legislative
action and introduce great
difficulties and anomalies into the present judicial system of the Colony.
With regard to the Consul's further proposals :-
(a) That a warrant should suffice for arrest.
As I understand the Law at present, there is nothing to prevent, in case of urgency, a requisition for surrender under section 7 of the Chinese Extradition Ordinance 1889, being made by some Officer of the Chinese Government by
Telegram.
In such case the Governor may require the Magistrate to waive his warrant for the apprehension of the fugitive criminal and the Magistrate under section 8 would be bound to do so.
40.
It will be observed that section 8 of the Chinese Extradition Ordinance 1889, differs, in its wording, from section 8 of the Imperial Extradition Act, 1870, and absolutely requires the Magistrate in cases
to issue the Warrant. Even under section 9, where the Magistrate may issue a Warrant (as in ordinary cases) on sworn information, such Information must be based on a letter or telegram purporting to be from some diplomatic, judicial or police authority, stating the alleged offence of the fugitive criminal and that requisition for his surrender will be made.