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breach of their agreement with the plaintiffs to purchase and take delivery of 112 bales of yarn, and as to $113.34 balance for difference in prices of 86 bales of yarn purchased by the defendants from the plaintiffs and agreed to be set off by the defen `ants by a like number of bales purchased by the plaintiffs for the defendants.
Mr. Holborow (of Messrs. Deacon, Looker and Deason), represented the plaintiffs, and Mr. P. W. Goldring (of Messrs. Brutton, Helt and Goldring) appeared for the defendants.
His Honour, after hearing the evidence, gave judgment for the amount claimed with costs.
IN THE MATTER OF WONG KA CHŁONG.
THE HONGKONG WEEKLY. PRESS AND
| published by the Chinese authorities at the beginning of the year, accuses the prisoner of being a sturdy rogue and vagabond, while the evidence of the prosecution shows that he is accused of murder.
His Honour-You say he is wanted for murder!
Mr. Ferrers-No. I say he runs the risk of being punished for murder, but the real grounds are that the joint charge against him and some 60 others of being vagabonds is the crime for which the extradition is sought.
His Honour-You charge the Chinese Government of bad faith ?
Mr. Ferrers-No, your Honour. For all I know the provisions have not been brought to their notice. If the prisoner goes back ho will be punished for an offence which is not an extraditable crime.
His Honour-The offence for which the surrender has been demanded is clearly an extradition crime.
This was an application by Mr. H. N. Ferrers (Instructed by Mr. Otto Kong Sing), for & writ of habeas corpus in connection with Wong Ka Cheong, who was committed to Victoria gaol by Mr. F. A. Haseland some days ago pending the order of the Governor for his extradition to Chins to answer a charge of armed robbery.
Mr. H. E. Pollock. K.C. (instructed by Mr. Mr. Ferrers-Clearly, Your Honour, but R. A. Harding) representing the Chinese then we produce a Chinese document threaten- Government, and Mr. F. B. L. Bowley, Crowning him with punishment for something else, Solicitor, were in attendance.
and say that that something else is not an extradition crime. This proclamation says nothing about giving him a trial, but threatens to exterminate him.
Mr. Kong Sing, in bis affidavit filed in support of the application, stated that the evidence taken before Mr. F. A. Hazeland, Po'ice Magistrate, would not justify the committal of the prisoner for trial at the Supreme Court if the crime of which the prisoner is accused had been committed in the Colony, nor did it amount to proof of the fugitive criminal's guilt in accordance with the provisions of article 21 of the Treaty of Tientsin. The evidence taken before the Police Magistrate shows that no such offence Was committed as alleged, and that the object of the prosecution was to obtain the extradition of the prisoner with a view to his punishment in China upon other grounds, and for other offences, than that mentioned in the requisition for surrender, such offences not being extradition crimes as defined by the Chinese Extradtion Ordinance of 1889. The evidence also proves the existence of circumstances throwing su8- picion on the origin and nature of the charge made, of which the Police Magistrate did not take such notice as is required by law.
Mr. Ferrers The prisoner was committed to gaol on the 8th instant,
His Honour-Have you got the committal warrant to show that the nian is actually in prison ?
Mr. Ferrers-I regret to say we have not. His Honour-If I grant an adjournment to enable you to obtain same, the question is whether the position will be any better for your client. There is nothing in the statutes to say
you must apply within fifteen days, but the trouble is that he may be handed over to the Chinese Government, after which nothing can be done.
Mr. Bowley informed His Honour that the Government would not hand the prisoner over
fonce, at knowing that these proceedings were in
hand.
His Honour granted an adjournment until to-day.
Tuesday, 23rd May.
''
IN SUMMARY JURISDICTION.
BEFORE MR. T. SERCOMBE SMITH (PUISNE JUDGE).
IN THE MATTER OF WONG K▲ CHEONG.
The hearing of this application for a writ of habeas corpus was continued.
His Honour-You have to satisfy the Court that the requisition for surrender has in fact been made with a view to punishing him for an offence that is not an extradition crime.
Mr. Ferrers-All through the trial at the Police Court the Magistrate said he required proof of guilt, and be never got it.
18
Η Honour-The prosecution must have succeded in proving prisoner's guilt to the satisfaction of the Magistrate, as he committed the prisoner.
Mr Ferrers-The prisoner failed to prove his case at the Magistracy, but he is given by law another chance to prove same before a judge of the Supreme Court.
His Honour-The Magistrate would not have committed him if he had not had proof to his satisfaction.
|
(May 29, 1905.
the learned council referred me to a proclamation issued by the Chinese Government calling for the extermination of certain bandits, amongst whom is included the prisoner, Wong Ka Cheong, and urged that the offence of being a bandit was not an extraditable offence. The next ground on which the application was based, was that this Court must have regard to the Treaty of Tientsin in support of Article 21 of which the Chinese Extradition Ordinance No. 7 of 1889 was specially passed. He called attention to the terms of Section 21 of the Treaty of Tientsin, by which the fugitive criminal has to be surrendered only on proof of his guilt. It was argued that the proof required by the Treatyof Ti ntain was something more than mere prima facie evidence, sufficient to justify a magistrate in committing on an ordinary ca90 of offence against the laws of the Colony. In this connection Wilson's case, 3 Q.B.D., page 42, was referred to. The third ground of the application was that clause 21 of the Treaty of Tientsin speaks of the rendition of criminals subjects of China, and that there was no evidence before the Court that the prisoner was a subject of China. The onus of proving every matter constituting the offence charged, and fulfilling the conditions of surrender, lay upon the Chinese Government, which, it was argued, had failed to sustain the onus. On these three grounds therefore, I think that suffoient has been advanced by the learned ransel to justify me in directing the issue of a writ. A writ of habeas corpus will accordingly issue to the superintendent of Victoria gaol, and will be returnable on Saturday morning, the 27th instant, at 11 a.m.
So far as it may have been contended that there was no sufficient prima facie evidence of the offence charged before the Magistrate to justify him in committing the prisoner for trial at the Supreme Court if the offences had been committed within the jurisdiction of this Court, and that, therefore, there was no sufficient prima facie evidence to justify the Magistrate in com- "mitting the prisoner to await extradition, I am of opinion that there was sufficient prima facie evidence. My order directing the issue of a writ of habeas corpus is, therefore, not based on the ground that there was no prima facie evidence.
Mr. Ferrers The Section says that the prisoner has not to prove until brought before the Court on a writ of habeas corpus. Before anyone can be extradited to Chins there must be proof that he is a subject of the Emperor of China, and it is for the Chinese authorities to NEW ROMAN CATHOLIC CHURCH prove that he is a Chinese subject.
His Honour, in giving his decision, said :- This is an application made yesterday, and renewed this afternoon, by and on behalf of one; Wong Ka Cheong, that a writ of habeas corpus issue to the superintendent of Victoria gaol to bring up the body of the said Wong Ka Cheong before the Supreme Court. It appears that the extradition of the applicant has been applied for by the Government of China. He was arrested on the 3rd March last upon a warrant issued by the Magistrate on the 22nd February, and was formerly remanded from time to time until 12th April, when evid ence on that and other occasions was taken. Не was committed to Victoria
arms.
gaol to await the further order of H.E. the Governor on a charge of armed robbery within the jurisdiction of China. There were three charges formulated against him, namely, robbery with violence, robbery in conjunction with two or more persons and robbery under The writ applied for is not a writ as of course, but a writ as of right, by which I understand that a person in custody, who applies for a writ of habeas corpus would not get it as of course, but that it would be granted to him as of right if he satisfied the Court that there were reasonable grounds for the issue of the writ. The material grounds of the present application are three. The first ground of application is based on section 4 (1) of the Chinese Extradition Ordinance Mr. Ferrers-Since this matter was last No. 7 of 1889, and it was stated to be before Your Honour another affidavit made by that the applicant should have a chance of the prisoner's solicitor, identifying the war-proving to the satisfaction of a judge of the rant of committal, has been filed; also a declar- Supreme Court that the requisition for his ation made by the prisoner himself, which com- surrender had, in fact, been made with a pletes the necessary preliminaries. The inten-
Mr. H. N. Ferrers (instructed by Mr. Otto Kong Sing) made the application, Mr. H. E. Pollock, K.C. (instructed by Mr. R. A. Harding) representing the Chinese Government, and Mr. G. E. Morrell, of the (rown Solicitor's office, being in attendance,
tion of the Chinese authorities, in the event of his being surrendered, is to punish him in accordance with a proclamation for the exter- mination of certain vagabonds, which is other
than the extradition ofme. The proclamation,
?
AT KOWLOON.
THE OPENING CERIMONY-DR. A. 8. GOMES DECORATED.
The new Roman Catholic Church at Kow-
loon, the gift of Dr. A. 8. Gomes, was crowded
on 28 May at the inaugural services. Launches left Blake Pier for the church at 7.30 am., conveying those who desired to attend at the ceremony. The altar, decorated with palms, had a very cheerful appearance. The choir boys
from St. Joseph's sang during the service
First of all the Rev. Fr. de Maria, assisted by Rev. Fathers from the Italian Mission, French Procurate and Spanish_Procurate, blessed the church, after which the Rev. Fr. de Maria read the Papal commission conferring the knighthood of the illustrious and most dis- tinguished order of St. Gregory the Great on Dr. A. S. Gomes, donor of the church. Fr. de Maria made a short address, finishing by saying the intended jubilations had been aban- doned owing to the Church at Hongkong being in mourning, and to Dr. Gomes being in mourning.
Dr. A. 3. GOMs appreciated very much the high honour the Pops had deigned to confer on him. His building the church, however, Catholic Community at Kowloon, and the was prompted only by the special need of the honour he owed the memory of his late parents and sister. He wished to convey his humble and heartfelt thanks to the Pope.
The Shanghai Times prints the following telegram:--Peking, 12th May.-The French Minister is endeavouring to obtain a railway view to try to punish him for an offence which concession between Liuchau and Kweilin from was not an extradition orime, and that unless the Chinese Government. If the concession is the writ issues he cannot be brought before granted, the French Government propose to the Court and, therefore, cannot try to satisfy lend to the Chinese Court some 10,000,000 tmels, the Court that he is in fact wanted for a non- through the medium of H. E. Chu Hungchi, extraditable offence. In support of his argument, Minister of the Wai-wa-pz.