CO129-406 - Public Offices - 1913 — Page 476

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Any further communication on the subject of this letter should be addressed

to-

THE UNDER SEGRETARY OF STATE,

HOME OFFICE,

LONDON, 8.W.,

and the following number quoted :-----

235,691/4.

Cathy

C.O

3 35786

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REC? Pro 15 OCT 13

HOME OFFICE,

WHITEHALL.

474

gir,

14th October, 1913.

Having laid before Mr Secretary McKenna your

letter of the 26th ultimo in the case of Vicente Sotto,

I am directed by him to say that he concurs in the view

expressed by the Attorney-General în paragraph 3 of his

Memorandum of the 20th August, that the Magistrate's

decision to discharge the requisition for this man's surrender on the ground of res judicata, was wrong.

2 The question whether the Magistrate can be obliged

by means of a mandamus to reconsider his decision is, in Mr McKenna's opinion, a difficult ane, but he thinks it

is one which, if raised at all in the Courte, must be raised by the American Consul-General rather than by the Hong-Kong authorities. The great divergence in extradition procedure between the practice la European countries and the practice in the United States of America under the Extradition Treaty of 1842, is a matter which is constantly under the consideration of this Bepartment, and the attention of the United States Government has more than once been drawn to the cost and difficulty of obtaining extradition from that country as compared with extradition from the United Kingdom, owing to the refusal of the United States Government to take any but a formal part in the proceedings. In a letter addressed to the Foreign

The Under Secretary of State,

Colonial Office.

Toffice