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COPY.
Enclosure 1.
r
In the matter of Li Yu Mui
and
In the matter of the Chinese Extradition 146
Ordinance No. 7 of 1889.
I must now give a definite ruling as to the locus
standi of the Chinese Government in habeas corpus proceedings
before the Opurt.
The first case I tried when I came to the Colony was
an extradition case in which the Chinese Government appeared. I
was informed that it had been the practice in the Colony for
some years, and in fact it was stated that the Colonial
Government had been accustomed to stand aside allowing th
Chinese Government to take charge. I hold that the Chines
Government had no locus standi. The full Court in a recent
case however had their attention called to what were looked
as precedents in the Courts at Home, in which Foreign Gover
-ments had appeared, and nothing that my attention had not
called to them, allowed the chinese Government to appear} *
refrained from giving a definite decision on the subject. %
therefore allowed the Chinese Government to appear and the
was conducted by its Counsel: but I intimated that I conat
that the matter was open for me to express a definite ar/
considered opinion upon it.
Now as to the so-called authorities, the point a
absolutely new one; the most that can be said is that a has grown up of allowing the foreign Goverment to appea that it has never been challenged, and therefore has new considered by the Courts, In one case indeed, the Banque de France, the complainants in France, wore?
-od by Counsel.
The practice seems to me to be entirely cont› the fundamental ideas of extradition. The English ex*
proceedings are in aid of the foreign criminal proc are instituted by the English Government at the rei Foreign Government. On this mere statement of the f