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the
jurisdiction of the Courts is chalten és But there are authorities to show that the question whether a particular government is or is not an independent sovereign is one which a British Court will answer for itself, taking judicial cognisance of the facts that are within the knowledge of the Crown. If necessary the Court itself applies through the Foreign Office to the Crown for informa- tion (Feste on International Jurisprudence, p. 150, and cases there referred to).
Now su affidavit of His Majesty's Cousul- General at Canton speaks to “ entered into between the British Government arrangements and the Provincial Government of Kwang- tung" and he also stated in his evidence before us that he absolutely recognised the Provincial Government of Kwengtung.}"
An affidavit of the acting Chief Justice "of (says the affidavit) the highest Court of the province of Kwangtung known as the Kao Tong Shen Pau Ten" was also tendered. Then under the Chinese Extradition Ordin- ance 1889, under which these proceedings are instituted, the term "Chinese Government,” to whom the fugitive is surrendered, "includes the Viceroy or other officer administering a Provincial Government."
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In my opinion this is sufficient evidence to justify the Court in taking judicial cogni- sance of the existence of the government of the Province of Kwangtung. Numerous authorities were cited by the learned Counsel for the fugitive in regard to the status of foreign State, and governments in our Courts. but whatever henefit may attach, if any, to this point in civil proceedings it cannot I think, in the light of the evidence tendered by the Crown, of which the Court must take judicial cognisance, have any hearing in these proceedings. The Vice-Chancellor in Taylor Barclay, 2 Sim, p. 221, says, "It appears to me that sound policy requires that the Courts of the King should not in unison with the Government of the King,' and Farwell J. in Foster v. Globe Venture Syndicate, Limited, 1990, 1, Ch. 814, said, "I am asked to take judicial cognisance, of the fact that assuming these tribes (of Suss) to be independent they do not possess jurisdic- tion over certain territories. That is matter which it appears to me must recei sarily be within the cognisance of Her Majesty. Sound policy appears to me to. require that I should act in unison with the Government on such a point as that. Assume that the Foreign Office have already satisfied themselves that the territory in question is within the dominion of Morocco, it would surely he improper that I, sitting here as a: judge of the High Court, should, in the face of that Act of Ier Majesty, hold (otherwise).
1 should be contravan?
ing the Act of Her Majesty acting as a Sovereign in a matter which is within the cognisance of Her Majesty's Foreign Office," Now these extradition proceedings are instituted by the Crown here by virtue of the the treaty obligations contained in Treaty of Tientsin, which is given effect tu by the Ordinance of 1989. The Governor, His Majesty's Representative, has issued his warrant, and it is to be assumed that he is satisfied that the Provincial Government of Kwangtung is a legal entity which is covered by the Treaty, and this is a matter within the cognisance of the Government which in my judgment this Court caunet interfere with, although I have indicated there is in my opinion sufficient evidence to justify as in taking judicial coguisance of it.
I now come to the question whether the evidence discloses such an offence as woulă justify the committal of the accused if the alleged crime had been committed in this Colony.
The first alleges simple larceny, the steak ing of two cheques for $100,000 and $50,000 respectively. The Magistrate has found guilty intention at the time when he obtain- ed the cheques. Is there oridence which cau: Both cheques were justify this finding handed to the fugitive by Chung Sui Lan, an official in the Canton Treasury, and were admittedly received by the fugitive in obedi ence to the order issued by the Tutuh (Exhibit 8) and were not remitted, or the proceeds, to Shanghai, but were subsequently negotiated by the fugitive. There is clearly iuo direct evidence to establish_guilty insen- tion at the time of receiving the cheques or that there was any taking invito) domino,
-ef the ori
of.
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