CO129-399 - Governor Sir May - 1913 [1-2] — Page 236

No

26.

Rece

C.O.

5615

Bro!17 FEB (3)

234

GOVERNMENT HOUSE,

HONGKONG, 22nd. January, 1913.

are

J

nclosure

Enclosure. I

Sir,

190

Referring to your Despatch No. 234 of the 24th.

July last, I have the honour to report for your information that

on the 28th. November a warrant for the arrest of Vicente Sotto was

issued by the Police Magistrate on the information of the Vice and

Deputy Consul-General of the United States of America, who at the

same time made formal application to me for the man's extradition.

2.

After consulting the Attorney-General, a copy

of whose opinion I enclose, I caused the Deputy Consul-General to

be informed that I was unable to comply with his request, on the

ground that it was very questionable whether Sotto, having been liberated on a former occasion on a writ of Habeas Corpus, could lawfully be vexed with further proceedings in respect of the same

matter.

3.

On the 18th. ultimo the Deputy Consul-General invited my attention to the judgment of Lord Alverstone in Rex v. Governor of Brixton Prison, ex parte Stallmann, reported in the Times Law Reports of the 9th. August, 1912, and later he forwarded a memorandum, a copy of which is enclosed, prepared by the Assistant Executive Secretary of the Philippine Islands regarding the law and practice in the United States with regard to second arrest and extradition. I attach a supplementary opinion given by the Attorney-General after perusal of this document. In connection

HE RIGHT HONOURABLE

LEWIS HARCOURT, M.P.,

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