CO129-406 - Public Offices - 1913 — Page 453

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Any further communication on the

subject of this letter should be addremed

THE UNDER SECRETARY OF STATE,

HOME OFFICE,

LONDON, S. W.

and the following number quoted :-

варт

C.O. 11741

IRA 8 APR 31 HOME OFFICE,

WHITEHALL.

236,691.

aut.)

sir,

Pro.12

Leen. CF. ст.

14/4/13

C

بودم

7th April, 1915.

451

I am directed by Mr Secretary MeKanna ba naquaint

you, for the information of the Secretary of State for the

Colonies, that he has had under his careful smzaideration

your letter of the 14th ultime No. 5615, with mmelssures

relating to the application for the extradition of Vicente

Sette from Hong Kong. He finds himself unable to concur

in the view taken by the Governor in this emas. So far as

this country is concerned the decision of the High Court

in the case of Rex v. The Governor of Brixton Prison Ex

parte Stallmann (1912.3 K.B. 424) seems to him sonelusive

authority for holding that an accused person committed

for extradition but released on Habeas Corpus on account

of some defect in procedure, may be prostoded against

again with a view to extradition on the same charge as

before.

With regard to the second reason mentioned in the

Attorney-General's memorandum for withholding the usual

order to a magistrate to proceed with the ABSS, it appears

to Mr McKenna that, while the Secretary of State has power

to refuse to issue his order under Section 7 on the ground

that the requisition for surrender is in fact made with

a view to try the fugitive for a political offense, this

The Under Secretary of State

(18

India

A

Colonial Office.