CO129-226 - Acting Governor Marsh - 1886 [4-5] — Page 94

5.

91

but he cannot insist on

having euch

Govericor

was bound by the decision of the ollagistrate and could not refure

reudition if the proceedings

regular, and that it was ultra vires for

him to

further

re

- open the enquiry and take

evidences

9.

In his despatch of 9th February 1885 the Seanetury of State (Forign Affairs) state that he does not admit

that the Governor

the

caser

could not re

open

that the extradition Treaties

of 1870 and 1873 ds apply to the Sicution

Treaty

Governor is not boun

and that the Governor

by the decision

of the allagistrate. With

respect to the words "proof of quilt" the Governer

way accept the "prima facie " case cetablished before the ellagistrate

09

he

may require euch further proof

autisfy the

as will

the minds

of the Consil

but.

evidence as would amount to such

a bolute proof

as would be necessary to

:

support a fival conviction.

In the spiccion given by the Law

the Crown who

Officers of by the Secretary of Stecte

were consulted

in the case

of

the 11 prisoners they stated that as _ _ -regard the "proof of quilt "they had been referred to the Louw Offices's Report of 211th February, 1851 and to them judgement of the Privy Council in re: Attorney General of Houghong Kwok A-Sing.

Now in this judgment the words

" prima facie "

#

"evidence are used in

comuction with the right of the

Magistrate to commit and the

Secretary of State in his despertah

23

of

M