CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 86

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recognized de facto as the officers of the Chinese

Government for the purpose of carrying out the treaties.

and this is demonstrated afresh each time one of his

Majesty's Consula addresses to them a protest against

treaty infraction. 30 far as the Canton authorities

are concerned it can no longer be held that they are

rebels against the govoriment recognized by in Majes-

ty's Government, because the nationalist authority, to

which they owe allegiance, is equally recognized with

the wiministration in Poking as the de facto govarıment

of the area it controls and diplomatic conversations

for treaty alteration have recently been conducted withi both govermenta on equal terms. I suggest therefore

that as the Courts must look to the attitude of nis

Mejenty's Goverment for guidance as to what is the

Chinese Government, they would be amply justified in

holding that the Nationalist Government ia much a

body for the purposes of the treaties and the ordi-

nancos founded thereon.

6. Article XXI of wie Tientsin treaty provides

that If criminais, subjecta of China, shall take

refuge in hongkong or on board British ships there,

they shall upon due requisition by the Chinese autheri-

tiss, be searched for, and, on proof of their guilt,

ba delivered un". if, as Your excellency fears, the

Courts will rule that, because the Chinese Government,

with whas this treaty was made, has disappeared, there is no suthority left in Chins which can benefit by it,

it follows logically that there is also no authority

arainat which it can be enforced.

in affect the Courta

would