which were drafted in 1909, the jurisdic tion of the Court in the previous cases bearing on such cases was denied. Under the old way only the Privy Council could give the special leave to apply, but now that Court, he submitted, could give the special leave, and he asked for that.
The Chief Justice You put it as high as this, that if this Court gives leave to appeal, the Privy Council is bound to hear it; there is no other application?
Sir Francis-Precisely so. He added that supposing that Court did not con- sider the case of great public importance be would then ask that judgment should be stayed pending the appeal.
a
The Attorney-General made a somewhat lengthy statement as to rulings in connec- tion with those cases by other countries, prefacing this by remarking that assum- ing that his friend intended to appeal direct to Privy Council, he would give an undertaking that no steps should be taken to surrender the fugitive to the Chinese authorities until an opportunity had been given to make the appeal. He also stated that he did not appear there to enter into any fractious comment of their Lordships' judgment. He would merely rely, as far as possible, on the rules in connection with such cases. He thought that it was fairly clear that habeas corpus of that nature. was criminal procedure. He then proceeded to deal with what he described as the general and the local aspect of the caso and the rulings, and remarked that up to 1909 criminal cases had undoubtedly been treated as the prerogative right of the Privy Council that was to say, that any special leave should be taken to the Privy Council. It was also obvious from the rules which had been drafted since 1909 that such appeals should be made direct to Privy Council. It was perhaps a pity that the rules' were not made a little more clear and so been beyond the ingenuity of Counsel'e argument. However, it was evident from them that that Court was neter intended to touch appeals in criminal or quasi-criminal cases. such as habeas corpus.
The Chief Justice said that if there had been any doubt in their minds on the question they would have reserved judg ment. They were of opinion that they had no power to grant leave to appeal in a criminal matter, and thus they were of the opinion that the special appeal should be applied for to Privy Council. In view of that the Attorney-General had said they also dismissed the application for a stay
of surrender.
The Attorney-General then announced that, under the circumstances, he would atay the surrender for a period of three or four months.
Sir Francis intimated that the appeal to Privy Council would be made with all speed.
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