CO129-406 - Public Offices - 1913 — Page 454

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is a question which should in ordinary course be raised

in the first instance wither before the magistrate who has

ordered the arrest of the accused or by means of an

application to the Court for Habeas Corpus.

The question is one which has to be decided by evidence and it appears very desirable that the evidence should, in the first instance at all events, be examined judicially :

and unless the political motive is clear beyond doubt, Mr McKenna does not think he would be justified in refusing

The final to allow the case to come into Court at all. right of the Secretary of State to refuse to surrender on this ground would of course always remain.

While expressing his view on this point, the Secretary of State recognizes that in Hong Kong there may have been

suffisient special circumstances of which he is not aware,

to justify the Governor's action in the case of Sotto,

I an,

Sir,

Your obedient servant,

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