Page
MAGNA
CHARTA.
THE RIGHTS OF A BRITISH SUBJECT
WHAT CONSTITUTES GOOD GOVERNMENT?
INTERESTING ARGUMENT BEFORE THE
FULL COURT.
ACTION' AGAINST PROMINENT OFFICIALS.
THE QUESTION OF DAMAGES DISCUSSED,
The action which Li Hong, Mi, a solicitor's clerk, whose deportation has been ordered, is bringing against the Captain Superintendent of Police, the Secretary for Chinese Affairs and Attorney-General, was continued at Full Court yesterday.
the
the
Mr. Pollock, in the previous lays Isuring, had submitted that the plaintiff. when in the position of the accused party, was entitled to all the anfegun da which were provided in the ordinary cours of natural justice, and to hajamer this point home and to show what an injustice would be done if the Crown's contention was uphold, he pointed out, at the outset of yesterday's proceedings, that the plaintiff bad been charged with some years before the Doporu p offences alleged to have been committed
Or Mr. Pollock then went on to the various ebarges made by the plaintiff. There are seventeen in all and, upon the grounds contained in them the plaintiff contends that the Deportation Order is bad in law, or, in the alternative, if the Court holds that the procedure adopted was permitted under the Ordinance, then, that the Deportation Ordinance 1917 is ultra vires,
2014
dinance was passed.
no
M
Mr. Pollock After he had been bailed out.
for a further examination
31r. Justice Compertz: Has he asked
Mr. Pollock Yes but the Captain Superintendent of Police said he could speak to Mr Leo d'Almads on offies matters only and not in connection with the proposal to deport hihi. That is a serious thing,port him. That is
HONGKONG
DAILY PRESS
como under it. When that happens and when legal questions are raised upon it I should think the Governor, would take an interest in the matter.
in the
SATURDAY, APRIL 27TH, 1918.
Mr. Pollock: We are not merely claiming against Mr Messer, but against Mr. Halifax and the Crown.
Mr. Justice
What has Mr.
Mr. Pollock: The Council would only Hallifa NANTE
consider the report.
Mr. Pollock Ho has s refused this party his Tights. He has withheld the Mr. Justice Gompertz This is now evidence of the witnesses for the prosecu something of a canus celebre, the pretion, and that has resulted in very serious should think the whole file on the questary of Chinese Affairs performs a duty
The Chief tion would be considered,
The Chief Justice The whole file of to the Executive Council; because that
pinced
upon him by Statute, and reports correspondence would go to the Execu-report is unfavourable he is to be liable tive Council ANERKAN
for damages.
Mr. Pollock Because the
Because he has not per- formed this d duly he was
ubon to perform.
vious trial having miserried and I thing the Secre
Mr. Justice Gompertz He refused to allow the Common Law right. It is the
he was not allowed to vote.
ways
be tazen
Mr. Pollock I should very much question whether all the letters are read, Continuing, Mr. Pollock again submitted that as the report stated that the man had been duly examined and the ovidedes of the prosecution was forwarded, any-sime as the good old case of the man one would think it a natural thing that the man accused had seen that evidence. Mr. Pollock: There is also a breech As a lawyer that was the conclusion that of duty on the part of the Governor-in- Council, and if the Governor-in-Councilhe pergonally would have come to
Council, in that the Common Law right nevertheless, would already have under claim were that the plaintiff was knowing that the accused claimed the had not made an order, this man,
Further statements in the plaintiff's sequences.
was withheld bat led to serious con
The Governor in Council gone these processes in gool.
wrongfully called upon to answer more right to be heard withheld that right. MI Pollock: That is so they had than one charge at one time and in ontr Justice Gomperte: You argued right to treat him as an ordinary and the same proceding taken with Just now that the Governor would know prisoner Mr. Pollock also again subview to his deportation and also. mitted that the man had a right to speak that the plaintiffs on nothing about that request to be heard. to his solicitor.
Cannot have it both Justice Gompertz It is true ecused of divers offences of such a vagad Mr. Pollock Oh, yes, that is so, but M 11. E. Pollock, K., and Mr. the Police Court that he has a right to possible for him (in the absence of konw be liable for the course, adopted by the when a man is arrested and colors up to and general character that it was imut the same time the Government, inust Alabaster. O.B. E instructed by Wilkinson, of Messrs. Wilkinson
see a soliciter, but his be u right to see ledge of the statements of the witnesses Attorney-General. Also, there is the Grist, appar for the plaintiff, and air solicitor before his statement is taken against him) to effectively make his des question of damages on account of the E.. 11. Sharp, K.COB.E.. and the before he is invited to make, as this man witnesses or other evidenc, he desired tour up with regard to Mr. Li Hong Mr. Pollock: He should see a solicitor fence to such offenes or in state what curious position the Government nye Attorney General, Mr. JH. Kemp, OB.E.. instructed by the Crown Salicias, a full statement in answer = to
alance in his own defence."
Mi's pension fory represent the defundanta,
charges.
Mr. Justice Gompertz Did he ulti-chiefly to the acts of the Secretary of You Canno bring any claim, can you?
There were other claing referring Justice Gompertz The pension mately see his solicitor?
naturally at the pleasure of the Crown. Chinese Affairs in conducting his ens The Chief Justice: As the result of pirs, and, as stated, Mr Pollock sub the notion of the Government it may be initted that on these and other grounds that the pension is lost. If that is so in law. the deportation of the plaintiff was bad that surely is a subject of special dam Mr Pollock We claim that we hav Alternatively, the plaintiff claimed latif was then questioned and tion before any witnesses are examined, narrow interpretation of the Ordiniension a right to the evidence of the prosced that if the Crown's ludicrously stated that he was still drawing his should simply be waiving that right, ition Ordinance, 1917, was ultra deres ernicent, had steadfastly refused to That has been our claim all through, Wance was upheld, then the Deporta Mr. Pollock pointed out that the Gov- we asked for an examination before that Mr. Pollock submitted that if the define their attitude with regard to the condition was complied with
Crown's contention was correct, that this plaintiff's pension, but Mr. Justice The Chief Justice: Did he ask the Ordinance gave powers under which a Gompertz was of the Captain. Superintendent of Police to man could bo had up and charged with could not assume that it would be taken his solicitor immediately?
Ak
any opportunity of knowing the evidence Goimport referred to the amendment these serious offences, without having a Court rose Mr. Justice
from him
for the prosecution, and answering that which the Government desired to make evidence if that was the form of Ordin- in their statement of defence. It will be ance which was purported to be passed remembered that in their original de herethen that Ordmance was ultra fence the Crown stated that the evidence for the prosecution had been withheld from the plaintiff because the plaintiff, under the Ordinance,, had no right to see it. Their proposed amendment, which was contested on the first day's heating by Mr. Pollock, is to the affect that the reason for withholding the evidence wae that the disclosure of it would be prejudicial to
the public in terectomy
not matter one way or the other 1 M
Mr. Justice Gompertz put forward the Pollock's construction of the Ordinance. suggestion that the nmendment really did was
zijnde no difference. If Mr. Pollous's was decepted the fact that the Govern ment had exidence which they could not contention was right that this evidenco had, in the course be produced, and the Government could of natural Justice, to
had received the Royal assent then, in the absence of that evidens, The Chief Justice: Even assuming public interest for it to be disclosed, produce it because it was not in the
Assent had not been received, but sub On the other hand, if the Crown's con Mr. Pollock pointed out that the Royal the plaintiff could not be found guilty. mitced that even if it had it would tention was right, that they could pro- make no difference. Assuming Magne ceed as they had done without allowing Charta to be in force, then there was the plaintur to see the evidence against conflict with the Ordinance if they him, it did not matter whether the accented the interpretation of the evidence was pat in or Ordinace as put forward by the Crown.
Crown's contention was upheld, that they not; if the His other ground for submitting that the were justified under the Ordinance in withholding this evidence, it did not account of its repugnancy to natural fcation as it were for withholding the wa o matter whether they had a sound justi justice.
View ovidence in the public, interest. Charter of the Colony the Governor The Chief Justice: Under the is empowered, with the advice of the Legislative Council, to make laws for the peace, order, and good government of the Colony. Supposing the right to he heard is a fundamental right. Assum this Ordinance deprives a party of that ing that the construction placed upor right. Are you prepared to say that this good government of the Colony Ordinance is outside the confines of the
The Attorney General pointed out that Mr. Leo d'Almida asked to speak to the plaintiff solely on office matters and that recaest was granted
Superintendent of Police ask for such Mr. Pollock Why did the Captain an undertaking
The first two charges were that the plaintiff was wrongfully deprived by the Captain Superintendent of Police of his right to interview & solicitor on matters affecting his deportation, and that plaintiff was wrongfully assaulted whilst in the custody of Mr Messer, Mr. Justice Lompertz : It does not say
The Chief Justice: So far your
that he did ask for such an undertaking argument has dealt with the whole ques tion of the validity of the Deportation suppose that Mr. Leo d'Almada would Mr. Pollock It is too ludicrous to Order. Now you are coming to what give such an undertaking voluntarily took place in prison. Are you going to Mr. Messer will be called, and I think Superintendent of Police? daniages against
the Captain the tins, Mir Pollock submitted that ptains the evidence will bear on what I say my Lord; we it was imply a question of two men it is a cuming together and one man being restricted in his conversation with the other. It was not a question of the man's right to uppour before any Tribunal or the Governor-in-Council.
The Chief Justice he had beard the charges I suppose when he was brought up to prison
ask for
Pollock: Oh,
Orofeover,
s damagean k matter which touches the validity of the Order
also,
because when they deprived a man of legal advice they were touching his defence Continuing, Mr Pollock said that the Prison Regulations upon which the defendants relied were inade for the conduct of prisoners in the prison known as Victoria Ganl. Under the Deportation Ordinance it was quite alear Messer first
Mr. Pollock He was taken to Mr that the person in whoso custody the Bocused was placed was the Superinten
The Chief Justice: If he had heard dent of the House of Detention. It did the charges it was very proper to wish to not affect the matter that at the
consult a solicitor as to what to say mortent the Superintendent of Victoris But if he had not heard the charges 1 Goal the same person as the
was
vires..
His submission that, in these circum stances, the Ordinance was ultra vires rested on two main grounds, firstly, that it conflicted with the rights secured by Magon Charts, and, secondly, that it was repugnant to natura justice. Assuming that Magna Charta applied to this Colony, then it was, he submitted, quite char that the put forward by the Crown, was contrary Ordinance, construed in the narrow sense to Magna Charta, cause it offended against the fundamental principle of his own defence, which, as he had shown, giving a party the right to be hearin included the right of that party to know the evidence brought against him. would follow that the Ordinance could pot stund
intendent of the House of Detaupers do not see what. assistance a solicitor Ordinance was ultra mres
that Victoria. Gaol was, at the moment, Mr. Pollock
or could have been the House of Detention: The General with a view to deportation. He wants He has been arrested Civil Hospital or any building might be to know want his rights are. The fact appointed a House of Detention, and be that he had not a ghest of a notion what cause Victoria Gaol had been appointed he was going to be charged with render it did not follow that the regulations ed it all the more imperative that his made for the conduct of prisoners in rights under the Ordinance should be that gaol, were applicable to the House unde known to him, of Detention
The Chief Justice: The prison regula-soliciter could have advised him to do The Chief Justice: All that his tions do not apply und it is a fact that would be to keep a discreet silence. there are no regulations.
Mr. Pollock: That is se. In order to advice. It would have been extremely Mr. Pollock: If he had given that show the inapplicability of the prison dangerous, because if he had kept a dis regulations it should be pointed out that the party, who is arrested and then taken greet silence, as far as one can judge to the Secretary of Chinese Affairs is from the framework of the Ordinance, entitled, if he can and it, to bail. The the Deportation Order might have been whole scheme of the Deportation Or made almost then and there dinance contemplates that a man should Mr. Justice Gompertz: When was the
be in actual detention only for a few first claim for this evidence for the prose hours. It is not contemplated that hecution made should be regarded as inmate of the gaol, co
an ordinary Mr. Pollock Right from the begin The Chief Justice: If he cannot find Mr. Justice Gomperti: Then
ning, bail he must remain in the House of Governor must have known that this re the Detention.
the Deportation Order was made quest had been made and refused before
Mr. Pollock Oh, yes, but he is in the House of Detention and not in Vie toria Gaol,
The Chief Justice:
would bcatitled to eat beefsteak and
We
It
because it is contrary to the fundamental Mr. Pollock: Obviously it must be principles laid down for good govern ment. It cannot be for the order and good government of the Colony that England, rights which would be secured man should be deprived of right that he would have by the Common Law of to him by Magna Charts. Also Mr. Pollock submitted that a British subject had & right to remain within the King's had a right to live within the Realm; be allegiance
Mr. Justice Gomperts: It does not Mr. Pollock It is unlikely that follow that the man is to be deported the Governor would have all the details outside the Realm; only from the Colony He may go back to Penang, whence he came
I suppose he of this matter reported to him
Mr. Justice Gompertz It is more
drink champagne.
Mr. Polleok: I suppose so that natural to suppose that it was than it Mr Pollock He might be sent to
in
persons
provisions
man; might
the prison
were
not.
Canton,
assume that he is going to be sent to Mr. Justice Gompertz: We are not to Canton. If he was put on the train for Canton, then would be the time to take action to that
would only a matter of finance. Mr. Pollock: I should say it was Continuing, he pointed out that under extremely unlikely that all the corres the
agrancy Ordinance there special statutory which
under pondence was laid before the Governor subject to
be made in-Council. regulations certain thing in regard to
Mr. Justice Gompertz: Jare we to Deportation Ordinance there were no about this request having been made under the Deportation Order it is the assume that the Governor knew nothing Mr. Pollock I see that point but such stipulations where it was
This showed that How can you ask us to assume that? within the competence of the Authorities Regulations shoddered that the Prison Mr. Pollock I think it is a fair to send him to place outside the
apply to any class of assumption. This point is a legal point, British possessions. in the
House of Detention, Legislature provided for that. In this or the Attorney-General. A certain pro- that their Lordships had competence to the It would go before the Crown Solicitor Mr. Pollock then quoted cases to show case the Legislature bad made no procedure has been adopted on the advice reverse an Order of the Governor.in vision and, on the other hand, if a man of the Crown Solicitor or the Attorney Council. In reference to damages he could provide bail, he would never be General, or both. Why should the Ssere suggested that that question might ha come an inmate of the House, of Denten-tary of Chinese Affairs, if he was doing referred to the Registrar Their Lord tion in the ordinary sense of the word something which he considered he had ships might give a decision on the rights
Mr. Justice Comporiza Deporteds al ways have their finger-prints take a trouble the Executive Council about it? damages would go before the Registrar a perfect right to do, think he ought to of the parties and then the question of Mr. Pollock: Yes, there is provision Justice Compertz: The Secretary for taking a man's fingerprints, but not of Chinese Affairs would know it. The tion of assessed tiniges 1 fa simple The Chief Justice There is me ques until the Order has been made.
The Chief Justice And this took Colosal Secretary would know if us the simply be delegating our duties to the Attorney-General would know it and the question for this Court. It wouls place before he saw the Secretary for correspondence passes through his office. Registrar. Chinose Affairs, before he had an oppor. Mr. Pollock; But why should they tunity of explaining anything? bring it up in the Executive Council 7 for opecial damages, I suppose, for tak Mr. Campertz: There will be a dair Mr. Justice Gomperit: If the Secret Mr. Justice Gompertz: Three mem-ing the finger-prints and for the physical tary for Chinese Affairs, after consider bara of the Council, Iney all sivut it osmination in the gaolJEN ing the matter and interviewing the and I should think it improbable that accused had come to the conclusion that the Governor did not know it. This isportation Order
Mr Pollock And for issuing a De thors was no case against him, he would fairly new Urdinaner, and, as far as have sent a report to the Governor in I know, this is the first case that hes of face."
The Chief Justice: For general
at all.
not
this sentiment as a shield.
The Chief Justice: Bearing in mind Mr. Pollock: They are trying to uso
the position you take up does it matter?
Mr. Justice Gompertz: Does it Ler In your view they must produce the evidence against, the man. If for is nothing to us some reason they cannot produce it, that
mate
The matter was consideration and the case was then The point wea left for Alt. Pollock's not argued further.
adjourned until Monday.
THANKS FOR ASSISTANCE IN CONNECTION WITH THE TOMBOLA
The Committee of the Society of St. George desire to thank the following for their sind services in helping to bring Mr. Chopard, of the Astor House Hotel, about the success of the Tombola:-- for use of his promises as a store, and algo for the most willing assistance on numerous occasions. His unfailing tact sad help, as well as his generous action,
much appreciated.
Messre. Lane Crawford & Co. for
receiving gifta.
Mr.
Hurley for arranging and display atig prizes.
Messra, Alex Ross & Co. for loan of
bunting
The Hongkong Electric Co. for fixing
light.
The Chima & Japan Telephone Co. for
House
installing telephone Astor The Hongkong Hotel and
Hotel for loan of tresties. The Army Ordnance Dept for loan of
flags, screens, chairs, etc. Mesars Cheong Leo for
arrange store for assisting to Messrs Wing Hing for are of furni
Special thanks are also duc tổ thụ tare for the drawing of prizes. Mr. J. P. Braga for printing.
special arrangements they so kindly Military and Peller Authorities for the
much anxiety and in a great measure made, which relieved the workers of
In conclusion, the Committer's heartie Tombola stores
running of the
thanks are tendered to the Press for the Tombola and the extra advertising facili tes which were no requently and gen pecial interest they evinced in the
arously afforded.
ensured the B
loss (Other Local News will be found on
Page 6.)
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