I
173
"official view, and if it were allowed to appear in- "dependently we should get the requesting Government "arguing as to the duty of the requested Government
which seems to me impossible.
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This undoubtedly was the view of Lord Russell,
"G. J., when he said in re Galway (1896 1 Q.B. 230 )
"
1
The Law Officers of the Government of
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'the day are here expressing the desire of
'the Government that this extradition shall
'take place1"
So far as the dictum of the Chief Justice with regard to
the locus standi" of the Chinese Government in the Police
Court is concerned, we would respectfully point out that in
the case In re Galway the person sought to be extradited was
admitted to be a British Subject and that the major portion of
the argument turned upon the question of whether there had
been a proper "assent" given by the Government of Great Bri-
tain to enable the extradition of the accused to take place.
This is clearly shown on page 233 of the report where Mr.
Justice Kennedy is reported as saying to the Counsel for the
prisoner:-
"Do you say that there must be an express consent by
"the British Government in each individual
case?"
to which the prisoner's Counsel is reported to have replied:-
"Ye B.
Had there been negotiations between the two
"Governmente in this particular case and an assent
"to the prisoner's surrender, it would be difficult "to contend that he was not lawfully imprisoned with
"a view to his surrender; but that course has not been adopted. The requisition made by the Belgian "Government was made as a demand of a treaty right, "and was not a request to the British Government to "do something which they were not bound to do; and
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