CO129-535-3 Nguyen ai Quoc- request for extradition to Indo-China by French authorities 29-6-1931 - 26-1-1932 — Page 19

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(a) The simplest answer is to let the law

take its course; this has the advantage of pleasing the French.

(b) For the Governor to withdraw the

order under section 6, and the appellant simultaneously to withdraw his appeal, would

the king

A

leave the Order under section 3 standing, which

would mean that Nguyen ai quoc must leave Hong Kong, but can make his own arrangements. Any

question of costs, damages, etc., must be

settled at the same time.

to favour this course.

3.

The Governor appears

As regards (b), Sir Victor

difficult

33. Wellesley thinks it impossible to justify to the

33.

French the withdrawal of an order made by the Governor and supported by the local courts;

so the only alternative seems to be to await

the result of the appeal to the Privy Council.

The suggestion that the French should be asked

what they would do with Nguyen ai quoc if they

caught him is presumably made with the object

of persuading Nguyen ai quoc to withdraw his

appeal if they return a favourable answer.

Otherwise, there appears nothing for it but to

await, whatever answer the French return, the

decision of the Privy Council.

4.

As stated in (33), the question is really a political one, and only one legal

question can arise, and that is whether there

is any legal objection to alternative (b). The

Governor favours this solution, and must have be en advised as to its legality; I can see nothing illegal in it; it is merely compromising an action. It may not be a very dignified proceeding, but that is not the point.

5. The