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HONGKONG.
TROUBLE AT SEA.
`THE "TJIKEMBANG" AFFAIR.
REVOLT NOT PROVED.
That revolt had not been proved waa Magistrate Lindsell's decision yesterday afternoon in the case in which Chinese member of the crew
Worship, I was going to mention to-day.
it
The ninth fugitive was accordingly discharged.
MAGISTRATE'S FINDINGS.
| Cor 443,
not carry
mikoa fíether.
thai.certain remarka af
HELLEGAL SHIP'S ENGINEER ROBBEÐN
The
tros hat Mr. d'Alrada Border doly Possiblé écide which i
As
statute 11 Wm. 12 7 rekel une vas of doongiuray be resoft)". to mariners and seamen, but there suing that the requesting from the | Government-of-Netherlands-Indžia ten- remarks were mere abder dicta and in necessary for the decision of the case, quired the men as be surrendered on the ground of bonspiracy to revolt The legal point on which the prispers then, Mr Le urged it was the this case were discharged was, Magistrate's duty to discharge them
NOCTURNAL VISITOR AT
SAILORS BOMES
et, thist, having been illegally ship because corspicacy, to revolt was not Roure, West Point, iboat 150 yester
d they had no legal, obligation to an extraditable crime, not being [the master" & heaps there was no cluded in the treaty with the Nether
revolt because, there was no obliga-hands.
A Chinese youth was this morning charged before Magistrate. Orme with having entered room No. 8. Sailor day morning and stolen a gold watch and carin with a locket “pendant, valued at $40, and $160 in notes the property of Mr. James Tolin Anderson, Marine Engineer
tion. They were not indictable be- His Worship pointed out that the cause they were illegally shipped, and last part of the Treaty paid "ather had no common duty to the master crimes are to be included.
Mr. Anderson said that he was because the ship was in port and in no
Mr. Lo said the authority was perwakened a little before daylight by danger. On this point therefore, fectly clem in Halsbury. It someone moving about in the room. though with some doubt, I must rule stated that an extraditable crime was The defendant made an attempt to one which, if commited in England, against the defence."--"
room boy, the witness asked him what he wanted The defendant replied that he had come to take the witness's' shoes to be His Worship thought that the con-brushed. The witness told him to of what is the meaning of the ward
revalt. Here, I cannot do better cluding paragraph night cover other take them and get out of the room crimes which were indictable under gick. I did not like the way the than quote the words of Lord Abinger's the laws of andr of the countries com- boggleft the rooni," added the wit- summing up in the McGregor case cerned. already quoted--
Mr. Lo: How a your Worship "By revolt I understand some detain these men fe any crime now, thing like rebellion or resistance to because the only power is under the Hawful authority. Persons who revarant? You have acquitted them
sist the constituted authorities if they of the crime on the warrant. are subjects, are said to be in a state of think it would be as unheard of thing if the Crown had applied to you to revolt."
It cannot be doubted that the Cap-deal with the case the way which tain of a ship at sea is a constituted you propose. authority to whom the passengers on The Magistrate: This is a very ex- beard are subject (Halsbury XXVI ceptional case, Mr Lo. You must p. 529 already quoted)...The ques recognise that. tion I have to decide is whether there
3Thirdly the defence argues would be one of the primes enumeral away, and thinking he was the that there is no evidence of any actual ed in the Extradition Act and includ- revolt made by the fugitives, and this ed in the Treaty under which applice point brings me to the consideration Lion for surrender was made.
The Magistrate, remarking that it: remained for him to reply to the legal points raised; then read his findings as follows:-
Mr. Wakeman: My submission that you most away the requisition
the and the warrant. Until that time
is evidence in this case of actual re- aistance by the fugitives to authority of the Captain of the s.. "Tjikembang.".
[
you cannot say what offence they are charged with. M Wakeman did not attach great importance to the The evidence of the witnesses, fact that the Treal and Act did not though to some extent conflicting always gaze. He thought the men makes it quite clear that the atmost be detained at the expiration tisode of a number of passengers, of sixty days. headed by the tagitives, was exceed ingly truculent and menacing, and it was their threats that led the Cap minin real apprehension of danger to the salety of his strip-to take measures contrary to his own better judgment in dealing with certain members of his crew.
tute a revolt?
A
The Magistrate Supposing the re- Consul proves to the that conspiracy. quisition arrives and the Dutch is a crime against the law of the Netherlands, as it is, admittedly, against the laws & England and of
this Colony.
Mr. d'Almada I think your Vor- Is a menacing attitude coupled ship has placed yourself in a very with threats sufficient to consti- awkward position Having taken the In my opinion, it is not sufficient, evidence and food that no charge of out against revolt has been hade consider that some definite act of these men, assure that the requisi violence must be proved before tion from the Netherlands alleges the charge of revolt can be established crime of copspatey to revolt, all we The legal points raised at the last must be remembered that the need to is to me before you and hearing by the solicitors for the de- Statute of 1698 déclares revolt on that that not an extraditable
board ship & statutory piracy-offence under treaty. of the J.C.JL. 8.3. “Tjikembang," fence were three in number.
1.-The first was that the extradit-heinous crime visitable with the most and nine Chinese passengers are charged with having been contamed lable offence of revolt at sea had not condign punishment. in a conspiracy to revolt against the been shown to be an offence indict- act of violence spoken authority of Captain Bouman while able under the law of this Colony. the vessel was on the high seas on at. royage from Java to Hongkong
between June 3 and 5..
The defendants' extradition was applied for by Mr. G. H. Wakeman, Crowa Solicitor, white Messrs.M. K. Lo and Leo d'Almada, who each appeared for five of the men, opposed the application on the ground that according to the Ordinance, one member of the crew could not be guilty of revolt.
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fendant alleged that he had worked
as table boy at the Hongkong Hotel, but when enquiries were made there, the he was not known. The Inspector serious view be taken
ness,* *so I jumped out of bed and door and windows were left open looked for my money in the pocket when the witness retired to bed. of my coat which was hanging on the The defendant said that wall. It was gone." The crimess he did дос 50 to then ran to the verandah and called room himself. He was taken there asked that Ithe watchman. While the latter by a European. He knew nothing of the CASE, 23 large thefts chase the defendant round the build-about the notes After his artist, were very, manmon, at the Home, ing, the witness stood at the front the complainant gave the chair and especially sear pay day. The de The defendant ran into locket to the watchman to take to fendant had a previous conviction in entrance. h arins, and the witness secured!
bele a suspicious character. him. On the way to the station, the the station to use as evidence against 1919 when be served 21, days for defendant dropped the notes on the road, and the witness recovered them. When searched at No. 7 Station, the chain and locker was found on the defendant's person. The watch was
The Magist thought this was Here the only covered by the conclading words of to is the the Treaty which he had, abéndy threatening of the Captain-right at quoted. the beginning of the disturbance by
Mr. d'Almad said that it had been The answer to this is that there çanan unidentified passenger with a piece clearly held that one could not be be no possible doubt that the Statute of rom. Conspiracy to revolt there extredited exopt for an extraditable 21 Wm. III. c. 7, with all the Acts of perhaps was, but no actual revolt; a offence within the specific terms of Parliament passed prior to 1843, were common law misdemeano, but no the Treaty. Ithe requisition brought
this made part of the law of this Colony by felony. My finding on point,
a charge of evolt, what would the Section 5 of the Judicatore Ordinance, however, does not entail the im
Magistrate odthen? 1873.
mediate discharge of the fugitives.
am not bound by the charge on the provisional warrant under which each of the fugitives was arrested.
2.--The second point was that even if the extraditable offence of revolt on board ship is derived from the crime of statutory piracy under Section & of 11 Wm. III. 7, the fugitives in this case must be discharged, because Section 8 of the said Statute applica only to revolt by seamen and mariners, and not to passengers,
It will be cecessary Tor me to the arrival of the requisition avait and warrant of the Netherlands-India Government. Only then will it p pear what is the exact nature of the charge on which the extradition of these fugitives is sought.
NEW LEGAL POINTS.
The Magistate: I shall naturally. discharge that.
It was aged that the solicitors concerned shuld be given an oppor-4 tunity to cosider the new legal points raised and the case was ad- journed for other week.
The trouble was leged to have start- ed with a fight between Chinese mem- ber of the crew and a Javanese cook The Chinese got the worse of the argu-
While . J. A. Shaw, of Tre ment, the Javanese, it was alleged,
Though I have some doubt on this
gunter Manjons, May Road, and a lady friend vere bathing at Repulse. recciting help from a countryman point, I am inclined to think that
Mr. d'Almada In the meantime, Bay yesteray afternoon, someone This had the effect of incensing the despite the silence of Halsbury, Russell Chinese passengers, who made re and Stephen, the words in the Act take it, your Worship will direct entered the matshed, and stole that these men be detained or be dis-jewellery an other property to the presentations to Captain Bouman" aty parson" are general "If any charged on bail.
value of $3 The Captain investigated the affair, person makes, or endeavours to make,
Mr. Lindsell: Certainly, there is and finding the Javanese to be the revolt in the ship"--this must no question of committing them aggressor, decided c
a form of surely include passengers as well as. punishment, which, however, did not members of the crew. Halsbury, at Mr. d'Almada stbmitted that, the satisfy, the Chinese. They demanded
p. 329 of Vol XXVI: states that at warrant being the only document that the Javanese be tied to the mast common law the master has absolute upon which the Court had proceeded, and lashed. When Captain Bouman control over the passengers and they and the only charge on the warrant refused to consider such a drastic are bound to obey all his reasonable being revolt, if the Magistrate the defendat except the statement farm of punishment, the Chinese orders, etc. Hence the words in satisfied there was no revolt, these were alleged to have got out of control Section 8 of the above Act "if any persons were entitled to their im and threatened the Captain and his person shall lay violent hands on his mediate discharge, European officers with consequ commander," must I think be read in
ences
to
A muita was yesterday charged before. Maistrate Lindsell with having stole a gold bair ornament set with perls,, the property of her mistress. Ispector Cashman said he had practicily no evidence against
of the stress that she was
*the joom
the Et
time the ornat was missing. Two The Magistrate: don't think so days ago the girl made a complaint| this light L. that the commander of a I do not think I am entirely bound by at the Cental Station of having been At yesterday's resumption of the vessel is for the time being master the charge as it appears on the war assaulted by her mistress, and the Inspector ws of the opinion that the case, Mr. H. C. Macnamara appeared of the passengers on board, as well rant.
Mr. d'Almada: On the warrant; present chaze was made against the Ito watch the proceedings in the in-as of the crew. It is unfortunate
your Worship's duty was to remand defendant way of defence. The that there are no recorded cases them from time to time until the re-ornament ws recovered in a pawn- terest of the Java-China-Japan Lijn.
The Magistrate said he had dis bearing directly on this point. The quisition was received and no evid-shop, the centant of which was covered, after studying the deponi- case of Rer v. McGregor, quoted ence should be taven. But having unable to fentify the person who tions, since the last hearing, that by Mr. Lo, really decided nothing taken the evidence, and having found had pledgedit The Magistrate dis- there was no evidence against beyond the point that a revolt could there is no revolt, I submit they are missed the ese and directed that the the ninth fugitive.
not be made by a single individual entitled to their discharge and that Mr. Wakeman: That is so, your The case of Her, v. Smith (1848) 3 your Worship's powers are at an end.
gifl be take before the S.CA. 10 decide when she should go.
not recovered.
Replying to Sub-Laspector Wills: The witness said that the defendant bad easy secess, to his room as the
If
CC 107 said that he was o charge-room duty when the defendant was brought in. He searched him and found the chain and locket in The defendant: Yes. The watch mas put it there.
his left coat pocket,
<
Inspector Wills said that the de-
The defendant denied that be had
een to jail before, in spite of the fact When Sergeant Vincent showed that his finger prints were produced. the defendant his photograph, 'he said: Yes, I remember! now? It was a long time ago
The Magistrate passed sentence of 12 months' hard labour.
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