CO129-559-5 Attempted assassination of Wong Ching-wei- proposed extradition of alleged accomplice 17-3-1936 - 15-5-1936 — Page 2

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Chery C

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Requests afferral for entry und Colony

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of alleged accomplice pending tual of prissian conspirators, subsequently accouflen to be departed under section 3'le jource Sqf1935-

to legal t

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G.D. obous

Subject

"? cope, (to shut draft. "Important," saying

that enteject to concurrence 170. The is proposed to

CyCaistans

No obsmo

17/2/36

Juttibhus 18/3/26.

approve

& Orpotation of Aliens

Winance, 1935. 11.D.

If the alleged accomplice arrived in

Hong Kong under escort he would be in unlawful

custody there, and Habeas Corpus proceedings

could be instituted at once.

Assuming, however, that he was released

before he actually arrived in the Colony;

that

he subsequently gave evidence there; and that

the Chinese Government then wanted him sent back

to China, the proper procedure would be for that

Government to apply for his extradition.

He could not properly be deported

.*. to China under Section 3 (1) (c), as the Governor

suggests in No.1, since (1) it is undesirable in

principle to substitute deportation machinery

for the normal extradition procedure, and (2) to

let this man into the Colony and then to deport

him in this way would be a manifest abuse of the

provisions of the section in question, which were

never