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Any further communication on the
subject of this letter should be addremed
THE UNDER SECRETARY OF STATE,
HOME OFFICE,
LONDON, S. W.
and the following number quoted :-
варт
C.O. 11741
IRA 8 APR 31 HOME OFFICE,
WHITEHALL.
236,691.
aut.)
sir,
Pro.12
Leen. CF. ст.
14/4/13
C
بودم
7th April, 1915.
451
I am directed by Mr Secretary MeKanna ba naquaint
you, for the information of the Secretary of State for the
Colonies, that he has had under his careful smzaideration
your letter of the 14th ultime No. 5615, with mmelssures
relating to the application for the extradition of Vicente
Sette from Hong Kong. He finds himself unable to concur
in the view taken by the Governor in this emas. So far as
this country is concerned the decision of the High Court
in the case of Rex v. The Governor of Brixton Prison Ex
parte Stallmann (1912.3 K.B. 424) seems to him sonelusive
authority for holding that an accused person committed
for extradition but released on Habeas Corpus on account
of some defect in procedure, may be prostoded against
again with a view to extradition on the same charge as
before.
With regard to the second reason mentioned in the
Attorney-General's memorandum for withholding the usual
order to a magistrate to proceed with the ABSS, it appears
to Mr McKenna that, while the Secretary of State has power
to refuse to issue his order under Section 7 on the ground
that the requisition for surrender is in fact made with
a view to try the fugitive for a political offense, this
The Under Secretary of State
(18
India
A
Colonial Office.