CO129-410 - Governor Sir May - 1914 [3-5] — Page 112

110*

.40)

COPY.

No.

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111

The Hon. Mr. Claud Severn,

Colonial Secretary.

Hongkong, 10th. March, 1914.

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Sir,

Sometime ago we received instructions from the Chinese Government to associate ourselves with the Crow with a view to giving assistance to the Crown in extradition proceedings and following upon such instructions we retained Counsel to appear to assist the law officers of the Crown, the Chinese Government paying our fees and Counsel's fees. Counsel have accepted the retainers given them by us and have refused retainers offered them in the same proceedings on behalf of the fugitives. A case in point is that of Chui Wai Yung, against whom extradition proceedings are now pending.

Te are now given to understand that the Colonial Govern- -ment proposes to conduct these and other Extradition proceedings throughout, thanselves, by the Crown Solicitor and the Attorney- -General to the exclusion of ourselves and the Counsel we have retained.

We beg to call your attention to the false position in which such decision places both ourselves and Counsel - us to our- -selves, having retained Counsel we are bound, if a brief is demand. -ed, to deliver one, and if we are not to be allowed to act O are debarred from delivering the brief. As to Counsel, they have, on the strength of our retainers, refused retainers from the fugitives and accordingly are damified by thus being prevented from acting on either side, other Counsel having been retained. We respectfully submit that if the Chinese Government desire to employ private Solicitors and Counsel to the extent of allowing them to assist the Crown in the conduct of extradition proceedings there appears to be no reason why they should not do so.

There is ample authority to show that foreign Govern-