CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 148

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COPY.

Enclosure 1.

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In the matter of Li Yu Mui

and

In the matter of the Chinese Extradition 146

Ordinance No. 7 of 1889.

I must now give a definite ruling as to the locus

standi of the Chinese Government in habeas corpus proceedings

before the Opurt.

The first case I tried when I came to the Colony was

an extradition case in which the Chinese Government appeared. I

was informed that it had been the practice in the Colony for

some years, and in fact it was stated that the Colonial

Government had been accustomed to stand aside allowing th

Chinese Government to take charge. I hold that the Chines

Government had no locus standi. The full Court in a recent

case however had their attention called to what were looked

as precedents in the Courts at Home, in which Foreign Gover

-ments had appeared, and nothing that my attention had not

called to them, allowed the chinese Government to appear} *

refrained from giving a definite decision on the subject. %

therefore allowed the Chinese Government to appear and the

was conducted by its Counsel: but I intimated that I conat

that the matter was open for me to express a definite ar/

considered opinion upon it.

Now as to the so-called authorities, the point a

absolutely new one; the most that can be said is that a has grown up of allowing the foreign Goverment to appea that it has never been challenged, and therefore has new considered by the Courts, In one case indeed, the Banque de France, the complainants in France, wore?

-od by Counsel.

The practice seems to me to be entirely cont› the fundamental ideas of extradition. The English ex*

proceedings are in aid of the foreign criminal proc are instituted by the English Government at the rei Foreign Government. On this mere statement of the f