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before the magistrate, as it is always open to the fugi- tive criminal to apply to the Supreme Court for a writ of habeas corpus.
5. The Consul General suggests that the question as to whether the requisitioning officer is or is not an "officer of the Chinese Government is a matter solely for the Governor, and that it cannot be enquired into by the
courts. It is true that on questions of the status of foreign Goverments the courts in England will accept and act upon a certificate from the Secretary of State for Foreign Affairs and no doubt the courts here would act on a certificate from the Governor on such a point. It is not, however, the practics, to word such a certificato in such a way as to prevent the court from drawing its own conclusion as to the exact status of the foreign government.
6. I do not know what officer would sign the
requisition if oxtradition to Canton were now to be re-
sumed.
The requisition ugod to be by the Civil Governor
of Kwong Tung. Assuming that such an officer still exists,
would the Consul General advise the Governor to sign a cer-
tificate to the effect that His Majesty's Government re-
cognises the Civil Governor as an "officer administering
a Provincial Government" of the Republic of China? Even
if the Governor's certificate would shut out any inquiry
by the courts, he would naturally not, be prepared to give
it unless it was in accordance with the facts. Does the
Civil Governor administer the Government, is the government
a Provincial Government of the Republic of China, and does
His Majesty's Government recognise him or his government?
It will be noticed that in sections 4 (3) and 6
of the Ordinance it is not a question of what officer is
recognised by the Governor for the particular and limited
7.
purposes of the Ordinance.
That is the position the
proposed