Magistrates Court, but I think the Governor might be relieved from coming into conflict with the Provincial Government of China, by requiring the magistrate to commit the accused to Gaol with the view of being handed over to the Chinese Government. The prisoner should be allowed three days to appeal against his commitment to the Supreme Court against the Magistrate's order, and if no appeal is lodged, before the expiration of three days, then the Gaoler should hand over the prisoner to an officer of China, and if not taken away within 14 days, he should be discharged. Fifteen days is the time given in England for appeal in extradition cases, but in all appeal against a Magistrate's decision here, notice of appeal, and security that it will be prosecuted, must be lodged within three days from the decision.
The Chinese Government have recently taken to the employment of lawyers to appear at the Police Court. This costs money. The accused and his associates think they will have no chance of escape without a lawyer to meet a lawyer, and consequently lawyers appear on both sides, and cross examinations are prolonged and every legal technicality is urged, or that delay and expense must necessarily be incurred, before a man is handed up.
Then the Writ of Habeas Corpus is applied for, and, as unfortunately no costs are allowed in Habeas Corpus cases, there is little
Magistrates Court, but I think the Governor might be relieved from coming into conflict with the Provincial Government of China, by requiring the magistrate to commit the accused to Gool with the view of being handed over to the Chinese Government. The prisoner should be allowed three days to appeal against his commitment to the Supreme Court against the Magistrate's order, and if no appeal is lorged, before the expiration of three days, then the Gaoler should hand over the
the prisoner
to an officer of China, and if not taken away within 14 days, he should be discharged. Fifteen days is the time given in England for appeal in extradition cases, but in all. appeale against a Magistrates -
decision
393
decision here, notice of appeal, and security that it will be prosecuted, must be lodged within three days from the decision.
The Chinese Government have recently taken to the employment of lawyers to - appear at the Police Court. This costs
money. The accused and his associates think they will have no chance of creape
without a lawyer to meet a lawyer, and consequently lawyers appear both sides, and cross examinations are
on
prolonged and every legal technicality is urged, or that delay and expense must necessarily is handed
be incurred, before
a man
up.
Then
the Writ of Habeas Corpus is applied for, and, as unfortunately no costs are allowed in Habeas Corpus cases, there is little
I
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