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THE SOTTO CASE DECISION.
THE CHINA MAIL.
200 scalds as follows the whole therefors they are of aphalon that the warrant by which the Magic by authorized the Governor if he thought it to deliveri Kok A Sing to the Chiuose Authorities to be tried by them for murder and piracy wawa aillegal warmat and one beyond bis: jurisdiction, and that therefore, the first order of the Lord Chief Jugblog for the release of Kwok A Sing was right and ought to be afirmed "ja-Stallmann's
(Continued from page 4). properly authenticated according to Englis law and it is essential that each sheet of record should be certified; unless this la dona tha. Court has an evidence of the crime having boon committed and cannot know whether the sanatial condition that the set must also be crimins! by the law of the Colony is fulfilled." In the body of the which was no Extradiding thro, It Was als bald that the warrant upon the enquiry judgment Sir Francis Piggott expresses before the Magistrate with respect to the himself thus man S
first committal was itself invalid at the Court ordered the applicans to be set at liberty. In both wok. A Sing's case and Stallmann's case it was decided that the second commitial could be made. The warrant of committal by Mr. Irving was
The record starts with a sealed docus ment sigued by the Governor-General of the Philippines and ends with a' sealod cortificate of the Chief Justice, but in between are a number of loose shoots which ara nos cortised to sad consequently sheets might have been extracted and extraneous sheets might have been introduced. It is most infportant that every shoot should be Bertified: ad. I need mily rifer to the practice in regard to the records which go Some to the Privy Council to emphasis the atataronat that this is, the English law Possibly when the record came to the Colony all those bepts were joined to gather at the top. I believe is the Auierican method, Lut they are no 30. joined now."
2
"I would first point out that in the head note the words are, To is essential the each sheet of. the rocurd should be car Bed," whereas in the body of the judgment the words ared aro, It is most important that each sheet should be certified. With respect to the present locaments thorace certainly no loose shoots, and I think impossible for any person to extract any of the sheets and introduce any extraneus shoots. I shall now refer to Section 15, Sab-section 3 of the Act of 1870. This sub-section reads as follows:-"If the certficate of the judicial document slating the fact of conviction. purports to be certi Had by judge, magistrată de officer of the Forsiga State where the conviction took place. I am of opinion that the certificate ni the Chief Justice of the Philippine Islands (Exhibit 3d) in a sufficient certi ficate within the mosting of this sab
saction.
valid order and was within his jurisdiction. The offence in the present so is exactly the same offence as in the case before Mr. Javing, I was referred by Mt. Hodgson, Crown Sallelor. to two decisions with respect to a hit of Habeas Guru In Extradition proceedings. The Brat of the two canon referred to be air. Hodson was in re Harsha; American and English Annotated casas, Val. YL, p450. This is Canadian case and was decided in 1906. The head note in this case is as follows:-
Where a person has been stronted in Extradition procedings for forgery is rolessed on habeas corpus on the ground that those no proper aviionce showing the camamlasion of the alleged offence or iden tifying the allegod forged document he may to re-arrested in subsequent extradition proceedings for the same offence upon the discovery of further and now evidence be supply the deficiencies."
The doctrine of res judicata, former jeopardy, and antrefois acquit are not ap plicable to extradition proceedings."
"The English Habeas Corpus Ant (32 Charles II., 02. paragraph 6) does not apply to extradition proceedings."
HONGKONG AVERAGE MARKET
PRICES,
Corrected to Theiriday, August 14th, 2975-
At 200 cents per Dollar Alexisan?
Butcher Meat)
Beef Sirloin & Prine Cub-Mel Lang '
11
Corned--Ham Nga Yak
Breast-Naga
Tan
Soup, Tong Yuk
Stook-Ngau Yok Pa
Birbin Coton Ngan Lan Sausage-Ngau Chang... Bullock's Brains now
"
Salmon-Yaa)
Shark-So Yu Stato,-Po Ja Shrimps-Ea
WT operat
T
Solms-Tai Sa Yu
Tech-Wan Yü
Turbo-Cho How Yu
BTN Turtles, small, fresh water-Kork Yu
18
4
12
牛腩
18..
謝肉
16
牛肉把
H
20
Tongue fresh-Nga Ah 48.
世牛雞
*** por sat, 10"
ecoded-Bao Haas L.
BO
Bad-Ngati Tro
60.
牛顆
Heart-Ngen Sum
12
牛心
Hump, Salt-Ngan Kin
15
牛原
"Salt,
IB
牛
Font-Nga Kark
Back B
18
12.
Kidneys,-Ngan Yin
Tail-Ngau Mei
Iver, Ngau 50
Tripe (undressed)-Ngan Cave Hend & Fest-Ngau-chai-tau-kark, sej Mutton Chop-Teang Pei Ewat
++
I
Our law is different. The Habear Corpus Pirs Act does apply to extradition proceedings. The second habeas corpus in Stalin's case was ander Bection 6.of the Habens Corpus Act. The prisoner was discharged with respect to the first proceeding, by the After Sub-section 5, Section 10 goos on High Court of Calcutta pusat to a saction in the Indian Cado of Civil Pro- follows and If in every case tocadure 1898, which is similar to habees wartania, depositions, statements, copíra, certificates and judicial documenta (as the cores proceedings. la Kwok A Sing's Caso may bej are authenticated by the oath as the second haben corpus was under the Act It does not state in the report of some witness. Afr. Welsh was asked whether the fret habeas corpus was under in omination in chief, Have you examined 34, 36 and 3: with the official the Act or at Common Law. It merely Pork, Recorda?" He gave the answered the words "habeas corpus." I might have examined them and they are true se mention that the first committal whe in respect of extradition proceedings. In copies of auch Record. Lord Broagham's the second committal Kwok A Sing war Ast, 14 and 15 Vic, C09, which requires to take his trial at the Supreme Court of that a foreign judgment itself must be sealed, was passed in 1901, The Extra dition Act (53 add 34 Vict. 52), which B.D. 897) it was decided by the Court does not require that a foreign judgment itself should be sealed, was passed is 1870, nineteen years after the past of Lord Brougham's Act. Maxwell
Leg-Young Pel Shoulder, Yeang Shad Chitling Chu Chong. Brking-Chu Know
Kark Fect-Cha
Chu Cask
Head, Chu Tau
Heart--Cha Sum
Kidneys, Chu Fiu Liver,-Chin Con Chop,--Chu Pai Kwat.....
**
Leg, Chu Fei
Fat or Lard, Cho You Che Trap Pig's Fry
牛肚
White Bait-Ngan Yu Chai..."
Fruits.
Almonda, ----Hung Yan
Apples (California)--Kam Ban Ping Kha
(Chefoo)-Tia Chan-Ping Kho
Sual-Hol Tong
Catard-Fan Lal Obl...
Bamass, Iragrach, Canton,—Ska. Bun
Heung Chin
Banana, (brides), Macao,—dan Ne
Chestrutz, Chinese,-Fɔɔng Las
Carambola-Yeung Thu
Coconuts Yeh Tse....
Lemons, China-King Moong
America--Kum San Ning Moon
45 Tichoce Dried, Lai Chi, All Stone" ***
1b 25 GH
25
Freeb
Limes (Saigon) Sai Kung Ning Moong each
Mango Manila,-Lol Song Mong Mangosteene-San Chuk Tea
Oranges, (Canton)-San-shing Tim Ching
Oranges Sweet-
Pears, American),-Kam San.Shoot Ir
11
100
27
par
19
"
(Canton), Cooking,--Se Lay
18 精心
Peanuts, Fa Sang -
12
HI
each 10
Farsimmons Large,-Hung Clos
20
8
#
Pineapples, 1stquality,-PoonTYPYLavach 19.
it .24
•彍排骨
Patt
Plantain,-Tal Chen
-ib
张油:
24
̇豬雜
Thinelo, Siam,-Chim Le Yan
cb 16
30
Walnuts,-Hop Tuo
18-
金山
菜蔬
Hongkong on a charge of piracy jure Sheops Head and Foot-Young Tas Bark zot 65 gentium In re ex-parte Woodhall (20
of Appost that sztradition was a criminal matter. This was in 1888, and it was the first time than any of our Courts of Law, criminal had decided that extradition WAS
Heart, Teang Sum
Kidneys--Young Yin I. Live Yeùng Đan
bub
лок
Matton, Sang Young Yan YeahNgan, Chai Yuk -
羊心
Flam,Swatow, Hong Lal...
Shanghal-Lo Kwas
Green-Sang Hop Tee..
Wabar Melon-Kom Sax Bal (China) Sal Kwa
1 pce, -Sang Po Tal Two-
地生牛油
18
·生羊油
25
18 牛仔腸
Saueago-Ngan Chai Ubaung
Poultry.
生日
鵝仔
·戤
SEAR
In Chapter VII. dealing with the subject matter.". The next case refirred to by Met Sacking Figs, To Order-Cha Chal of repugnancy makes the following Hodgson was in re Kelly 26 Federal re- Saet, Beef-Sang Ngau Tau ... statement, If the provisions of a later porter, p865. This is an American cate Aet are so inconsistant with pr" ropu6 and was decided in 1866. The head nate nant to those of an earlier Act that the
we cannot stand together, the earlier in as follows tila pred
Where a party accused of civie has stands imply repealed by the later." 1- am therefore of opinion that it is not ab. bean arrested had an examination before a commissioner duly appointed and became solutely necessary that each documenta discharged by cider of the Executive on should be sealed provided that the require- monta of Section 15 of the Act have been the ground that the evidence was not suffi complied with. I therefore find as a fect cient to justify his extradition for the same offence and compelled to submit to s that the documents herein bare been duly second axamination without the issuance authenticated within the meaning of Section of a second mandate by the Execntiva. 15, Sab-section 3, of the Extradition Act
"If the commissioner abouk commit 1870. I also find as a fact that the dorus the prisoner upon the second examination Ducze,—Ap ments hersia have bees duly authenticated and it should be apparent that ba had no within the meaning of Section 15 of the Extradition Act 1970, by the path'sf, the witress Thomas Carey Welch. My finding with raspast to points 2 and 3 is, therefore against the defendant.
Chicken,-Kai Chai
apona, Large, al-Sin Eal
clearer or, more convincing testimony as to Doves-Pan st the truth of the charge than was present Egg, Heu-Kai Tan ed at the former examination, the circuit court has power to review his testimony Fowls, Canten-Ea and corset his error.“.
Hamn-Hoi Nam 1. shall now deal with the 4th point, With Bpect to the above 18, I seed The fourth point was that by Section 6 of only say that it has no connection with Geese-Ngok Kal Dthe Habeas Corpus Act the matter was the present cas, which relatos solely to
jalicata.
Section & of the Habeas Corpus Act (31
Cam. 2, G 2) lens follows
"
per doz 201.
Jesse, Wild Shai,--Shang-ho Yes Ngol pair (uz Dear, Wong Keng
iare, Shanghai,Tu Chai fartridge, Che Kh00 ....
heasant,Shan Rai
Section of Habeas Corpus Act, parti
As I have just stated, my decision in And for the prevention of unjust Point & is given in favour of the defendant, having sogard solely to the construction: to voxation by itemted commitmento for be placed on Bection & of the Babeas Croma the antas offence; be it enacted by the Act. It is the same offerce in the two authority aforesaid that no person or por case. The order in the first case was a sous which shall be delivered uz set at largo valid order and within the jurisdiction of upon any Habeas Corpus shall at any time the committing Magistrate Under these hereafter be again imprisoned committed circumstances, the section states that such for the same offence by sny person or per person shall not be again imprisoned oral-Un-Chun sons whatsoever, other than by the legal committed. My decision with respect order and process of such Cours wherein beta-Foint 4 is therefore in favour of the ice Buds,-Wo Fa Chur or they shall be bound by recognizance to defendant. I order the defendant to be wipe--Choy appear, or other Court having jurisdiction;
discharged.
Pigeons, Canton-Falap
Hoiho-Hoi How Pak Kup
Her
Tesly-Sul ApChat,
N
Bach
鵜蛋
H
海口白篇!
*
...down
ach
of the cause, And if any other person or As the conclusion of the reading of the Turkeys took-Phor Kai Hung persons shall knowingly contrary to this decision the Crown Edlicitor askas Do I Act recommit or imprison; or knowingly understand that in a nutshell your judg. | procare or causa to be recommitted or immuntinin favour of the Crown, but that Wild Ducks, Shai,Shang-hoi Sui Ap prisoned for the same offenes or pretended the matter is res judicata, and order the dfence, suy person or persons delivered or defendant's discharge on that point? sat at large as aforesaid, or be knowingly Mr. Hazeland-Yes (To Mr. Brutto) aiding or assisting therein, then he or theyYou were going to faise a point about a shall forfeit to the prisoner party grieved political chime. Peter the sum of five hundred pounds, any
Mr. Bretton-Not now, your Warship. colourable pretenco or variation in, the Mr. Hazeland (to the Crown Bolicitor) warrant or warrants of commitment not. withstanding to be recovered as aforeand." Are you going to le an application for a
The section cominances as follows caso stated 1941 And for the prevention of unjust" veza
St. Hodgson I do not know yet. I
Osil from the Administration's Lanchow Mines can be obtained, on application to the tion by: reiterated commitments for the must consider that
Agents, SIEMBSEN & Co.
THE
UNDERTAKES
such as:
CHINA
MAIL,
LID
SARA
Mr. BrattonThen in that case I hope
came offence." This portion of the section your Worship will hear me on the point shows the principle upon which a Habeas that there can be no appeal. Corpur under the Act is based that no person shall 50-vered again for erimo. The section theri, goes ou fallowsBe it enacted by, the authority aforesaid that no person or persons which ahall be delivered or set at large upon any Habeas Corpiss shall at any time hereafter
ALL SORTS OF ARTISTIO JOB-PRINTING be again imprisoned or committed for the
INVITATION CARDS, MENUS, DANCE AND ENTERTAINMENT PROGRAMMES, CIRCULARE, PAMPHLETS, BOOKS, FEORFFC TUSSA, WINE LISTS, ETC, ETC., ETC. Obtain quotations from
THE CHINA MAIL OFFICE 6. Wyndham Bui ces.
-European Supervision
samo silence by any parece or persons whatsoever,"
I would especially all attention to the words "ame offence."
Wild DucksCa izon-Bang Ehing Sal Ap
Barbol,--Ks Xt...: Bream,Bin Yu
Canton Fresh Water Fish-Hot An Iu Carp,-Li Ea
1.
Catfish,-Chik Ya
Codfish,-Mun Yu
Lady
Youth.
They my you love
Oh, that doesn't matter.
y go on...
Ora be
Cuttle Fish-Mu Yo
Dab-En Mang Yu- Dace,Wong Mei Lun
Whistlor ones described a lover as a man
good musiek
Those words are more stringent than who, in his anxiety to obtain possession of the rule laid down with respect to the another, loses possession of himself. common law plea of autrefois acquit, which
COUGHING INTO CONSUMPTION
is that tho acquittal was on the merits. The section then goes on other thin by
An Irish editor, in speaking of the the legal arder and process of nach Court series of Ireland, amide
Her cop of and. wherein to or they shall bound by recog missiy has boon for ages over nistee to appear or other Court having is not yet fall. jurisdiction of the cante. In Maxwell on Statute on page 120 the learned author deals with this subject thes So, the 8th. Section al the Babes Corpus Aot which for the prevention or anjast veration by Moderate Price, reiterated commitments for the ins offence except by the Chart wherein he is bound by recognizatica to appear or other Court having jurisdiction in the "canan would not extend to validase when the discharge was made on the ground that the commitment had been made without jurisdiction though the olence for which he was arrested on the socond camion was the Bome for th was obviously beyond the object of the Ant." Marwoll also gives the refaronce of tha Attorney General of Hong- kong Kwok A Sing, I.B. 51 P.0. 179. I was alieferted to the case of Res 1 Governor of Brixton, Prison Heprie stall man. In wolt. A Bing's case the Privys trouncil held that the first warrant of com- mittal was illegal beyond the jurisdation of the Magistrate. Mallish LJ. on page
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Dog Fish-Tit Tu S
Els, Oonger, Hoi Mann
Fresh water,
Yellow,Wong Sin Frogs-Tion Eat- Garoups-Bok Pan Gudgeon, Pak Kup Ta
Herrings →→→TÓ PA)
Falibas, Cheng Kwazi Kup
·Labres-Wong Fi
Loach, Wa In
Lobster-Lung He Mackerel Chi Ya Monk Fish,Mra
Mall
Pike,FP Pong
PaneMing
Bay Pal Pa
Chong
海鮮
鳊鱼
Vegetables &b,
Aichokos, Shanghat,Sheng-hol Ab
Chi Chenk
Beans, (French), Mamo,Oh Moon PinTo
Hal (French), Shanghai,
וד
Pia Taa
Sprout,-Ah Che
Long-Tha Ko
Beat Root,Hung Chol Tan
Brinjals, Gram-Ching Yuar, Red-Hung Ker
Cabbage, Chinoes, com,--Kal Choy Cabbage Red, Bring Ten Choy
Cabbage, Shanghai, Yeh Chot
Cane Shoots, bunch,--Had Sher
Cauliflower, Large size Tal Yeh Cho Ya
FA.
Medium size-Cheung Yoh Chor's
Small size,Sai Yen Chol Fa
Carrots,-Kam Sham: ̈
Ontery, Chiness,-Tong Kan Uhol
Earth-Taung "
11
Chillies, Driod. -Gon Lat Chlu
Rod--Hung Far
Green-Ching Is' Chlu
Curry Stuff, English-Kar Les Uhr Lie
Jacumbers,Ching Kw
Bilter Squash,Fu Kvi
Garlic,-Que Tan
Ginger, young-Sun The L
For old-l's Koung
Home Radish, B'bal-Tak Indian Cora,--Suk Mal. Lettuce.-Yeung Sang Chr
#Water Chiants-Ma Tai
白給您
軍單
Mandarin-wai Lam Ma Tri
Mushrooms, Frean-Sang Che 5.00
Mask Melon, Amor,--Kam-san Hong Ev
Onions, Bombay,-Young Chong Tar
Green-Sang Chong Shanghai,Shang-hol Chong 210 Papaw, let qual, —Tai Man dtu Kas
-Chen
Gree
Potato. Bwee
Shanghal
Japanut
American
Foochow Foor
pkin-Tong Kwa
Shu
-hoi-Bhai
Radish Hang Lo Pad Thai
Rhubarb (Fro
Shallots, Gon Chan
Soinach,Yio Ch
Fon Ker
Targipe, Punti,
Water Cro
Shu Dị
YAR
荳何容
【機搬
老麵
力街
-The Tricos necessarily vary from day to day and the Hauntin tary Board has no power be- compel stallholders to sell at tim
W. BOWEN ROWLANDS,
Secretary Sanitary Boar
OF ALL
KISTS
Koch With-Baic Ba Aung. Bosch-CannYd
2005 price
Paurs: $126 and $225,
noted