COPY.
31
Hon. Colonial Secretary,
1. The Consul General is evidently working on
Carrington's edition of the Ordinances, 1844-1901.
2.
The definition of the term "Chinese Government"
was inserted by Ordinance No.5 of 1908, and it will in-
terest the Congul-General to know that that Ordinance was
passed in consequence of the decision of the Full Court
în Ro Iu Ki Shing (1908) 3, H.K.L.R.20. That was an
application by way of habeas corpus to question the com-
mittal by a magistrate for surrender to China of a person
charged with armed robbery. The undertaking under section
4 (3) of the Ordinance was given by the Viceroy of the two
Kwongs and was accepted by the Governor. The Full Court
held that the words "Chinese Government in that sub-
section referred to the Peking Government and that the
sub-section was not satisfied by an undertaking by the
Viceroy. As a result, the prisoner was discharged.
were other grounds for this decision, but the above ground
would have been sufficient in itself. This is a good
illustration of the way in which the courts act in extra-
dition proceedings.
There
3. Extradition is a highly technical matter and the
powers of the Governor, Supreme Court and magistrate rest
entirely on definite statutory authority. If any step
taken does not fall within the actual statutory authority,
the prisoner can obtain his release through the courts.
No argument, therefore, as to what is desirable, or even
as to what is reasonable, is of any avail or if the statu-
tory authority does not exist.
4.
As the Consul-General is no doubt aware, the
case is not necessarily concluded by the proceedings
before the