84
2 -
ta
810125.
dealing with the point, I shall be grateful for a copy
an it is not contained in any of the Consulate worka
of reference such as "Hertaleta Commercial Treatiea'.
3. Section 6 of the ordinance taten that "hen-
ever a requisition for the surrender of a fugitive
criminal who in in or aumected of being in the Colony
is made to the Governor by some officer of the Chinese
Goverment, the Governor may, by order under his
hand and seal, signify to a Magistrate tant such re-
quisition has been made, and require him to iaque his
warrant for the apprehensiễn of the fugitive criminal
From tnia it would appear that it is not for the magia-
trate but for the Governor to decide, for the purposes
of this ordinanes, who are the Chinese Lovermant.
There is nothing in the ordinance which allows the
marintrate to quantion the Governor's ruling on this
moint, and the Governor's sole responsibility in this
connection is further emphasized in Section 12, which
provides for the surrender of the criminal to such
pergon as the Governor considers to be authorized to
receive him on behalf of the whinese authorities”.
This, moreover, is only reasonable, as in the absence
of any legal definition of the term "Chinese Goverimoat“
the question remaina a political and diplomatic one,
which it is not within the competence of a judicial
officer to decide.
4. If then, as I suggest, the Governor i entrusted
by the ordinance with the duty of deciding what auto-
rity is entitled to raquiaition for the surrender of
a fugitive