CO537-1658 — Page 7

12

!

We have not heard from the Governor that an application for his surrender under the Chinese Collaborators (Surrender) Ordinance No. 7 of 1946 has been made but on October 3rd a Mr. R.A. Ker of Messrs. Reid Sharman and Company called and showed me a long telegram which his firm had received from a Hong Kong lawyer named Da Silva for whom they are agents. A summary of this cable which was very

! corrupt is in the paper at 10 which Mr. Ker left with me. From this it appears that the Chinese authorities have now made an application for

Mr. Shum's surrender and instructions were accordingly sent to Messrs. Reid Sharman and Co. to engage "the best fighting K.C.", make representations

to the Secretary of State to require the Hong Kong Government to suspend surrender pending "investigation

by London", obtain assistance from the Newspaper Union, and consult Mr. MacDougall.

So far Messrs. Reid and Sharman have done none of these things, but they have now written requesting that we should communicate with the Hong Kong Government asking for information as to the actual position and asking the Governor to suspend orders for the surrender of Mr. Shum "until matters are thoroughly investigated by London".

Unfortunately I was unable to obtain the papers while Mr. Ker was here but I think we should now reply to. (11) by sending a copy of the Chinese Collaborators (Surrender) Ordinance to Messrs. Reid. Sharman and Co., and pointing out that any appli- cation for the surrender of Mr. Shum would be considered by the Governor in Council and could not in any case succeed unless it was shown that he had committed some ofrence in China, and adding that we are asking the Governor by telegram for information in the matter.

Retter to Messrs. Reid and Sharman and telegram

to Governor herewith.

1. Ask usta

7.10.46.

Mr.

Dale.

Since dictating my minute above but before dictating the drafts mentioned in the last two paragraphs of it I have received and added to the file the further letter from Messrs. Sharman and

Reid at 12. In this they ask for another interview.

I think we must give them the interview and in view of the possible troublesome legal issues that may be involved you may think that a member of the legal starf should be present. In any case I should be grateful for any comments you may on this case and in particular on the position of the Secretary of State in relation to the Governor-in-Council as regards an application for extradition in connection with the Chinese Collaborator Ordinance. I attach a copy of the Ordinance in question.

12.10.46.

lon