CO129-399 - Governor Sir May - 1913 [1-2] — Page 239

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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finding of the Court of first instance in December 1907.

For more than 4 years the U. S. Authorities took no steps to obtain extradition of Sotto from this place but in March 1912 an application was made in the usual manner.

During these 4 years it is said that it was known to the U. S. Administration that Sotto was in this Colony. Now in or about the middle of 1911 (I understand) Sotto began to publish a newspaper in Hongkong called the "Filipino Republic"; this newspaper was strongly nationalist and critical of the U. S. Administration and appears to have been circulated in the U. S. A, as well as in the Philippines.

It was, I understand, not until after this political paper was begun by Sotto that application was made by the Philippine Authorities for Sotto's extradition.

The application ar extradition was duly made and the Magistrate here committed Sotto for surrender but he applied to the Supreme Court for a Habeas Corpus and after elaborate argument was dis- -charged from custody on certain technical grounds on April 20th. of this year.

On a sworn information by the American Vice-Consul dated

the 28th. November of this year Sotto has again been arrested with a

view of again trying to obtain his extradition on the same charge of

abduction.

5.

The question as to which I feel serious misgiving is as

to whether His Excellency ought, under the circumstances, to signify to

the Magistrate that he should proceed.

There are two reasons for my doubt;-

A. First because it seems very questionable whether Sotto having

already been liberated once on a Habeas Corpus should or could lawfully

be vexed with further proceedings in respect of the same matter.

B. Secondly because I have an uncomfortable feeling that if Sotto had not started this political newspaper here we should never have had any application for his extradition at all; and much less two.

6.

With regard to the First point mentioned in 5 A.

In English Law if a person is charged with a crime (say of abduction) and is tried and if the prosecution failed to prove the

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