CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 184

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Dear Clementi,

29th June 1911.

34891

Rrot 28 OCT ||

Chinese Extradition Cases.Rec

Referring to my previous interviews with you and to the letter which you yesterday informed me was being sent to my

firm by the Colonial Secretary, but which has not yet arrived,

I now, as arranged this morning, write to inform you that I had

an interview with the Chief Justice this morning, whereat I

discussed with him the question of extradition representation

and precedure with the result that the Chief Justice intimated

that he would not have any objection to my appointment by the

Hongkong Governments Assistant Crown Solicitor for the purpose

of representing the Hong Kong Government and conducting at the

Police Court in Hong Kong all extradition cases applied for by

the Chinese Government, but he (the Chief Justice) added that

he considered such appointment should be limited to the Folice

Court and should not apply to the Supreme Court.

The Chief Justice further intimated that he consider d

such an appointment would fully comply with what he had laid

down in the cases decided by hin in the Supreme Court us by

the terms of the appointment I should be able to consult the Crown Solicitor in any given case and it would be quite clear that if I did so in a case wherein I had my doubts and the Crown Solicitor concurred the case could not be proceeded with.

I may add that I informed the Chief Justice that my con- tention to you had been that so far as concerned the Folice Court his decisions were mere "dicta" but the Chief Justice in reply told me that in the last case he had decided (in re Li Yu Mui) he had expressly applied his judgment to the Folice Court because. the then Attorney General (Hon Mr. Rees Davis) had previously approached him for a clear and definite ruling upon that subject.

The Chief Justice added that the Attorney General had