85
The
a fugitive criminal, it will be impossible for the
defending counsel to raise the point in Court.
magistrate would refer him to tie Governor's order,
from which there is no appeal in law.
5. But if i wrong, and it is the Court which
must decide what is meant by the words "Chinese Govern- ment" in the ordinance, I venture to outline as follows the argɑment by which it should be possible to con- vince the magistrate that the prevent Canton authorities are the officers of that government for the purposes
of the ordinance. The ordinance was passed in the days
of the Empire, but since then a completely different, republican form of goverment has been introduced in Chine and recognized by in Majesty's Governant. Because of such recognition the rapublican administra- tion was presumably accepted by the Hongkang Courta sa the Chinese Government for the purposes of the extradi- tion ordinance without any necessity for amoiximent, of
the Hongkong law. The point I wish to make, so far, is that the only criterion which the Court han for decid ing what in the Chinese Goverment is the attitude of his
The nature and the Majesty's Government thereto. extent of the recognition which one goverment may accord to another varios considerably, but no require- ment in this comntion is gpecified in the ordinance. at the present moment no authority in Chine is fully and formally recognizad by his Majesty's Government an the government of the country, but the regional authorities throughout the land are undoubtedly
recognised