TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 236

4

We agreed that there was probably no problem about the Governor

merely being absent, on leave or through sickness.

V there will always be somebody acting as

Governor.

Presumably

One would

imagine that extradition from colonies has been proceeding

happily ever since 1870 in spite of this problem.

You really indicate that you are contemplating that the Secretary

of State might step in where the matter was two important or

sensitive to be left

left to a colonial Governor. If this is the

kind of thing you want, please let us know the details. Even if

your construction of section 17(1) of the 1870 Act is correct, it

is quite clear that in modern circumstances a corresponding

If

provision could not be used in the way you appear to wish.

there really were a difference of opinion between the Secretary

of State and the Governor of a colony, it would be a thoroughly

✓ troublesome matter. We do not know how you would wish such a

In other words we have no idea precisely

matter to be resolved.

how the powers of the Secretary of State would need to be spelt

out in the Act.

I am sorry to have to trouble you with a rather lengthy letter.

But this seems to be a convenient moment to set out the position

as we see it.

Yours sincerely,

Jame Rinn

J D M RENNIE