CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 88

пог

no6.

despre

RECEIVED

12SEP 1927

COL. OFFICE

788

TELEGRAM from the Governor of Hong Kong to the Secretary

of State for the Colonies

Dated 12th September, 1927.

(Received, Colonial Office, 1.0 p.m. 12th September, 1927)

+

My telegram of 16th August to you and Foreign

Office telegram No.529 to Lampson reporting that you wish a test case to be taken I submit ordinance preferable to test for the following reasons (1) Ordinance would be certain and rapid result of case would be doubtful and delay might be caused (2) Ordinance would involve a more restricted degree of recognition than a case Ordinance would limit recognition (a) to recognition by the Governor (b) to recognition for extradition purposes. Case would involve certificate or oral evidence that requisitioning authority is recognised by His Majesty's Government and it might not be possible to restrict that statement to recognition for extradition purposes (3) Consul General says requisition would probably be signed by General Lichaisum as Chairman of Provincial Government of Kwangtung. It might be argued that Chairman of Committee which administers cannot himself be said to administer the Goverment (4) It might be argued that the Canton Government is not a Provincial Government within the meaning of the present ordinance because that Ordinance contemplates a Provincial Government which recognises a central Government of the whole of China (5) It is doubtful if a letter from the Governor on this point would be accepted see weekly note of 9th July 1927 Alternative would probably be page 205 Musmann Engelke.

to call on the Consul General and he might be cróSS

examined