CO129-399 - Governor Sir May - 1913 [1-2] — Page 329

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GOVERNMENT HOUSE,

HONGKONG, 31st. January, 1913.

I have the honour to enquire whether there

exists any recognised practice generally applicable in the matter of the recovery from Foreign States of legal costs incurred in extradition proceedings.

2.

Some if not all of the Extradition Treaties

deal with the question of the expenses of extradition, and in some

all claims to reimbursement are mutually renounced. It would how- -ever appear to be doubtful whether, in the case of those Treaties

which provide for payment by the demanding State of expenses

incurred by the State applied to, the term expenses covers law costs in respect of the services of the Law Officers of the Crown.

3.

It is provided under Section 4 of Ordinance No. 35 of 1912 that this Goverment shall be entitled to charge reasonable fees for work done by the Crown Solicitor in extraditi- -on proceedings. In ordinary cases these fees would be of small amount, but in cases such as that of the extradition of Vicente

E/V ́Sotto, dealt with in my Despatch No. 25 of the 22nd. instant,

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where a prolonged defence in the Hagistrate's Court is followed by Habeas Corpus proceedings, the taxed costs of the Law Officers would amount to a very considerable sum. I may mention that in the case of an application by this Government for the extradition from Manila of a man charged with murder the Philippine Authorities

THE RIGHT HONOURABLE

LEWIS HARCOURT, M.P.,

&C.,

&C..

&c...

bade