No
26.
Rece
C.O.
5615
Bro!17 FEB (3)
234
GOVERNMENT HOUSE,
HONGKONG, 22nd. January, 1913.
are
J
nclosure
Enclosure. I
Sir,
190
Referring to your Despatch No. 234 of the 24th.
July last, I have the honour to report for your information that
on the 28th. November a warrant for the arrest of Vicente Sotto was
issued by the Police Magistrate on the information of the Vice and
Deputy Consul-General of the United States of America, who at the
same time made formal application to me for the man's extradition.
2.
After consulting the Attorney-General, a copy
of whose opinion I enclose, I caused the Deputy Consul-General to
be informed that I was unable to comply with his request, on the
ground that it was very questionable whether Sotto, having been liberated on a former occasion on a writ of Habeas Corpus, could lawfully be vexed with further proceedings in respect of the same
matter.
3.
On the 18th. ultimo the Deputy Consul-General invited my attention to the judgment of Lord Alverstone in Rex v. Governor of Brixton Prison, ex parte Stallmann, reported in the Times Law Reports of the 9th. August, 1912, and later he forwarded a memorandum, a copy of which is enclosed, prepared by the Assistant Executive Secretary of the Philippine Islands regarding the law and practice in the United States with regard to second arrest and extradition. I attach a supplementary opinion given by the Attorney-General after perusal of this document. In connection
HE RIGHT HONOURABLE
LEWIS HARCOURT, M.P.,
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writin
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