CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 109

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The Honourable

Hongkong, March 4, 1911.

The Colonial Secretary,

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Sir,

Hongkong.

I have the honour to acknowledge the receipt of your No. 1166/11 of March 3rd., 1911, in which you inform me that the Police Magistrate has refused to issue a warrant for the arrest of James Kogan on the ground that the case does not come within the Extradition Acts. This matter has been discussed by me

with the Police Magistracy and with the Attorney-General of thi Colony informally and in a general way the position of the law officers of the Government is known to me. However, I do not agree with these officers as to the meaning of the extra- -dition treaties between Great Britain and the United States as applied to this case and similar cases and I have the honour to request the Colonial Government to note my excep- -tion thereto. I feel constrained also to call attention to the fact that the refusal of the magistrate to issue the provisional warrant in this case practically prevents the question as to the legality of the request of this Consulate General for arrest preliminary to extradition from being passed upon by competent judicial authority, not only making substantial justice impossible in this case but offering no means of preventing similar embarrassments in the future. I can only respectfully suggest to the Colonial Government the advisability of securing an authoritative construction of the extradition treaties of the United States and Great Britain

upon