COPY.
Enclosure
3.
152
.acanexe or bobnatxo at vetoongloor oild o Caso bile må eng om of quinoa 2i orotorodd hus, Larotellqu at tnoma "ge orit entfo va od dni ed ton bipora thevazavod mnodnroll oils tant elab vno
(aquoy wiludekat vme
* (68)
Hon. Colonial Secretary,
We discussed this question with the
Attorney-General on the 29th. ultimo and I said I would let
Mr. Rees Davies sce what I had already written to the Secretary of State on the subiect.
He will find it in my Confidential Despatch
of the 9th. Aumst in C.S.0. 4307/1910.
r. Rees-Davies said the judgment of the
Chief Justice cannot be ignored especially after he has been asked what precise meaning was to be attached to it.
He has now written that he moant his
remarks to apply to the locus standi of the Chinese Government
in proceedings hefore the Magistrate.
(a).
We must therefore take some aution.
There are the following alternatives:-
To appoint an Assistant Crown Solicitor and
Charge the Chinese Goverment no fees for extradition proceed- -ings. #his is the most satisfactory but the objection on the
score of expense precludes me from advocating it.
(b).
To appoint an Assistant Crown Soldcitor
but charge the Chinese fees. This is open to objection on score of expense as it is not likely that over an average of
years the fees would recoup Government in its expenditure. It
is also open to objection on the score of loss of dignity to this
Government,
***. (c). To follow the suggestion in the penultimate
Le and last paragraph of my despatch referred to, ariond the law
so as to give the Chinese Government the necessary status and
to nominate Solicitor to be paid by them.
I do not like this course unless Goverment
is advised that the Chief Justice's judgment is all wrong •
(a).
To nominate a Solicitor in private practice
to be paid by the Chinese Government but to appoint him
Assistant to the Crown Solicitor for extradition cases and let
him represent the Colonial Governrient in name. This is really
what