It appears to his Lordship to be inconvenient that the question should be raised for the first time when the Court of Appeal, which might thereupon be called upon to reverse the decision of
a Magistrate for reasons
could not have been brought under his notice.
It is not, perhaps, easy to determine whether the political question should be left to the sole decision of the Executive, or whether it should be dealt with in the first instance by the Magistrate, subject to review by the Court of Appeal, and to the final determination of the Governor under the 10th section.
Lord Framville is inclined to prefer the latter course.
The practice, as pointed out by Thomas Henry in his evidence before the Extradition Committee, Question 492, seems to arise in cases of charges of murder; and it seems harsh to call upon a Magistrate merely on Appeal to decide that the offence charged amounts to "Murder" within the meaning of the Ordinance, when it may be notorious that the killing was political and not a murder in the legal sense of the word.
Lord Framville comes with the suggestion that the word "shall" should be substituted for "may".
With respect to the comments upon section 12, the addition of a few words "or until the acquittal of the fugitive from
It affan whis Lord lije inconvenient that the question thored to raised for the pist time when the Caret of Appeal, which might there, I called "fore to leverse the decision of
a Mapitrate for reason
akuuh
could not have been brought-
ander his notice.
b
It is not perhaps, Cary determine whether the political question should he left to the
tole decision qtter Executive, or whether it showed le dealt with in the first instance I the Angistrate, subject & reviewal & the Maut & ∙Affect, and to the final deliermuistion & the fovernor
under the 10% section.
Lo
before then chole at fremmille is incried to prefer ther
Catter course."
The prection
>
world, as
ал
Thwart
pouited out Whis
334
Thomas Henny in his cuidence
byfor the Extradition (remitter, Question 492, severall arise in
Caser
of chance of murder; and it
Leems hars
reasonable to call
upon a Magistrate Manet 1
Appeal to decide that the
t
offence charged amounts "Murder" wether the Ardeiance, when it
may
I notorious that.
tur
the killing was political & not.
a wurden in the legal the word.
Leute
Framville comes with the
suggestion that the world) "shall",
shaved 4 substated for
"may
Fr
the word 'It shall I Cauful"
With respect to the comments upon deel. 12, the addition of a few word" or until the
acquittal of the fugitive from
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