CO129-406 - Public Offices - 1913 — Page 461

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in the High Court arising out of an application for a writ

Habeas Corpus, the Directer of Public Prosecutions is always,

as a matter of course, requested by this Department to take

the necessary steps to uphold the decision of the Magistrate,

and this again is done without any claim for payment being made

in respect of the legal aid rendered.

Under the extradition treaties with Spain and

Switserland the demanding Goverment is to be represented in the

English Courts by the Law Officers of the Crew "in onsEs

where it may be necessary", but instances of this rarely sccur.

Mr. McKenna may peint sut, with reference more

particularly to paragraphs 6 and 7 in the Memorandum of the

Hong-Kong Attorney General which you enclened, that no differenos

is made in England between expenses incurred in sennection

with preceedings at Bow Street on the one hand and those

arising out of an application for Habeas Corpus on the other »

in neither is any charge made to a fereign Government for

erdinary out-of-pocket expenses or for professional fees, and

Ir. Kokenna does not appreciate the distinction which the

Attorney General appears to draw in paragraphs 6 and 7 of his

Memorandum. The possibility of an application fer Habeas

Corpus is contemplated by the Extradition Ast (section 11) and

it seems to Mr. McKenna that when such application is made

the High Court it is incumbent on H.E, Government to

measures to secure that the questions raised may be Pily

argued, so that a prisoner whose surrender is claimed by a

foreign Government shall net escape per incuriam if the treaty

under which motien has been taken provides for his surrender,

This consideration is, of course, stronger when by Treaty the

surrendering Government renounces any claim for expanses

incurred within its own borders in respect of the'arrest

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