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the magistrate, as it is always open to the fugitive 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 Governments 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
practice, to word such a certificate 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 extradition to Canton were now to be resumed.
The requisition used 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 certificate to
the effect that His Majesty's Government recognises 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 adminis-
ter the Government, is the government a Provincial Government
of the Republic of China, and does His Majesty's Government
recognise him or his government?
7. 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
!
purposes