CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 152

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My dear Attorney-General,

S

Chambers, 28 Sept., 1910.

I have thought over the judgment I rave in

the last extradition case, and an quite clear that I meant my remarks as to the locus standi of the Chinese Government to apply to all proceedings after the requisition, including the hearing before the magistrate. In Wong Ka Chong's case (H.K. L.R. Vol. I) I expressly left the question of the hearing for future consideration. But the whole argument of the considered judgment which I delivered the other day is to the effect that a foreign Government has no locus standi directly the English

Government has acquisced in the requisition by sending the order to the magistrate to proceed by issuing the warrant in

ordinary cases, by proceeding to hear the case if the summary warrant has been issued. On thinking the matter over again, I

think this view is right, and that no difference in principle exists between the hearing and the proceedings on habeas corpus. And from a practical point of view it is I think sound. If the

case were left to the Chinese Government there would be no

control over the evidence put before the magistrate, and when

the case comes before the Court on habeas corpus, the Govern

ent might find itself in the position of having to abandon

evidence already received. Of course the ragistrate is supposed

to decide on the admission of evidence, but it is better for

him to have the assistance of the Crown Solicitor's experience;

otherwise he is left to himself, and, especially a young

magistrate he may go wrong.

I quite see the force of what you told me,

But I

as to the extra work it throws on the Crown Solicitor. But I

may make a suggestion, it seems to me quite reasonable that the

Chinese Government should be asked to pay his costs. In all the

treaties the question of expenses is dealt with, and often the

two Powers agree to mutually abandon any clain. It is not al-

-ways so; but even if it were, the troatics are reciprocal, and

the