CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 154

COPY.

Enclosure

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.acanexe or bobnatxo at vetoongloor oild o Caso bile må eng om of quinoa 2i orotorodd hus, Larotellqu at tnoma "ge orit entfo va od dni ed ton bipora thevazavod mnodnroll oils tant elab vno

(aquoy wiludekat vme

* (68)

Hon. Colonial Secretary,

We discussed this question with the

Attorney-General on the 29th. ultimo and I said I would let

Mr. Rees Davies sce what I had already written to the Secretary of State on the subiect.

He will find it in my Confidential Despatch

of the 9th. Aumst in C.S.0. 4307/1910.

r. Rees-Davies said the judgment of the

Chief Justice cannot be ignored especially after he has been asked what precise meaning was to be attached to it.

He has now written that he moant his

remarks to apply to the locus standi of the Chinese Government

in proceedings hefore the Magistrate.

(a).

We must therefore take some aution.

There are the following alternatives:-

To appoint an Assistant Crown Solicitor and

Charge the Chinese Goverment no fees for extradition proceed- -ings. #his is the most satisfactory but the objection on the

score of expense precludes me from advocating it.

(b).

To appoint an Assistant Crown Soldcitor

but charge the Chinese fees. This is open to objection on score of expense as it is not likely that over an average of

years the fees would recoup Government in its expenditure. It

is also open to objection on the score of loss of dignity to this

Government,

***. (c). To follow the suggestion in the penultimate

Le and last paragraph of my despatch referred to, ariond the law

so as to give the Chinese Government the necessary status and

to nominate Solicitor to be paid by them.

I do not like this course unless Goverment

is advised that the Chief Justice's judgment is all wrong •

(a).

To nominate a Solicitor in private practice

to be paid by the Chinese Government but to appoint him

Assistant to the Crown Solicitor for extradition cases and let

him represent the Colonial Governrient in name. This is really

what