Page
THE HONGKONG DAILY PRESS. THURSDAY, SEPTEMBER 280D. 1926
SINISTER MOVEMENT, MILITARY ACTIVITY AT QUESTION OF JURIS
לי
STRIKE PICKETS GO FARTHER
AFIELD.
COMPLAINT AGAINST PUR. CHASED TROOPS."
NOT ALTOGETHER TRUSTWORTHY.
(FROM OUR CHINESE CORRESPONDENT:]
Since last Friday pickets of the Canton Strike Committee enforcing the boycott have been leaving the Southern Capital for Hunan,Hupeb, and other
centres
SWATOW.
MANY MACHINE-GÜNS HURRIED
TO KITYANG.
STRIKE PICKETS AS ACTIVE AS:
EVER.
TAXATION OF 5.0.C. OIL.
[BY otz OWN CORRESPONDENT.]
SWATOW, September 20th. On Saturday and again yesterday large
DICTION.
LEGAL BATTLE AT THE CRIMINAL SESSIONS.
+
PUISNE JUDGE UPHOLDS CROWN'S CONTENTION.
THE PIRACY CASE
LANDLORD AND TENANT.
PUISNE JUDGE REVISES JUDGMENT. ་་་
At the Summary Court yesterday Mr. Justice Wood revised a judgment he bad previously given on a claim by a Chinese landlord against M. A. Guetal, proprie tor of the Café Albert in respect of rent for his residence in Kennedy Road. In the previous judgment his Lordship When the piracy case was continued counter-claim (defendant alleged that he found for M. Gustat on claim and before Mr Justice Wood at the Criminal had paid the rent as well as having had Sessions yesterday, the Counsel for the certain fittings put in the house for which defence of the three men who are alleged the landlord was Habia) to have perpetrated a dastardly piracy off Lapsapmei, killed the master and thrown the other occupants into the sen, no jurisdiction to try the men, that the submitted that the Hongkong Court had
where the Kuomintang has assumed mil quantities of machine guns, small arms offence was committed in Chinese wator He had given judgmcht for the tenant on tary and political jurisdiction. The pic. and ammunition were transferred from and that the only power the Court had the landlord's claim for rent on the sup
kets have mostly departed by way of Shiukwan, along the Kwangtung Section of the Canton-Hankow Railway, while some have gone on board vessels sailing from Canton direct for Shanghai. The new policy of the Kuomintang regarding the boycott enforcement in Canton, will, as I have indicated before, be directed towards the prevention of the purchase of British goods. It is understood that there will not be so much interference with river traffic as before.
The Kuomintang Central Executive Committee will hold a full committee:
here to Kityadg, said to be en route to Waichow. A rumour was in circulation
that Elo Ying Yum was leaving vid Kuomintang second line of defence Kityang for Wäichow to organise the
against the Klangsi-Fukien troops.
There has evidently been soms new movement towards Swatow for there has been much surrying to and fro of mili- try people and officials and they have again, been moving valuables and furni- ture. The Strikers' Headquarters have also got a touch of nervousness They have been observed making preparations
was to detain them and hand them over for trial to the Chinese authorities. eating, argument was carried on through A long, intricate, yet withal na inter-
power of jurisdiction in the case. out the morning hearing.
His Lordship held that the Court had
Mr. Dyer Ball (the Assistant Attorney. General, with Mr. T. S. Whyte-Smith) was for the Crown.
V
An Able Argument. In giving judgment his Lordship said" submitted by Mr. M. K. Lo, an error in that, with the help of the able argument his original judgment had been shown
position that his defence to the claim the evidence: furnished for the landlord was release," in respect of it.
This defence had been supported by It seemed to me," said his Honour, "that the landlord was estopped by his Agent's conduct from denying the rs. lease. I gave judgment for the tenant, na. I now think, an insufficient considera-
meeting on October 1st, and among the for. fight. Some say this and some say prisoners had no case to answer, as the pleadings would have been of service in important subjects to be discussed is the that "about the anti-Reds but I say Court had no jurisdiction over them.
the spot where the attack by the "white It had been proved beyond contest that
Mr. C. G.. Alabaster, K.C. (instructed tion. by Messrs. Deacons) represented the first "The distinction between 'release': prisoner; Mr. H. G. Sheldon (instructed and payment had been kept clearly by Mesars. Johnson, Stokes, & Masters) before my mind. If the ples of release was for the second prisoner; and the third was to be relied upon, it was necessary prisoner was represented by Mr. T. prove that something less than full Dennys & Bowley). Addis (instructed by Messrs. Hastings, payment was expected in satisfaction of
the claim. "No Case To Answer."
On the other hand, a plea of par Mr. Alabaster submitted that the the claim in full. This is a case where ment necessitated proof of payment of
case. It was suggested solely from the in fact, never a part of the tenant's own defining the real issues. Release was,
tenant's case was payment not re-
Onus On Defendant,
programme of the party after the occupa- the Reds does not necessarily imply the Sering is beliering." But the going of tion of additional territory. This will
lead automatically to the consideration arrival of anti-Reds. We discovered that sail zaropan took place was within evidence of the landlord's agent. The !
of such questions as whether Canton shall remain the headquarters of the Kuomin tang and whether provincial autonomy shall be granted. The Chairman of the Kuomintang 'has requested Mr. George Hsu Chien, Professor Koo Man Yu, General Tan Yen Kai, and others to sub. mit proposals for discussion.
last year at this same season when that lively extortionist Lau Chi Luk paid as a brief visit.
The Strike Pickets."
Chinese waters.
For the purpose of his own argument, lease. continued counsel, he would not contend ihat beyond the ultimate coasts of China;
there was territorial jurisdiction ex- "I went astray," continued his Lord- tending over three or four miles. It ship, in assuming that it was im the alleged piracy had taken place in receipt was issued for cash or for some would be sufficient for his purposes that material to fad whether the landlord's Chinese territory without the additional other consideration. The question is mileage.
material for the reason that the issue ment and nothing else, ie., cash pay raised by the tenant's defence, was "pay- ment or no cash payment
in the body of the county or district of The spot in question was as much with. China, continued counsel, as the Solent the Eristol Channel within the county was within the body of Southampton and of Glamorgan.
Limited Jurisdiction.
These gentry still swarm along the Bund, in and on the water. They go of, half a dozen at a time, in sampans, flying the old Picket fag, to any and every Kuomintang Press opinion in Canton likely-looking steamer. Their activities has undergone a sudden change. It ap-have not decreased in the slightest degree
case is not hampered by estoppel The On this issue, again, the landlord's pears now that the Kuomintang is not since the seizure of their motor launch
receipt given is a final discharge for the seeking an carly peace with either Gen You cannot have British ships if there
claim for rent, for the rent was paid in eral Sun Chuan Fang or Marshal Wu Pei is no cargo for them to carry and you
fall and not otherwise. The landlord, The jurisdiction of this court," said having given the receipt to the tenant, Fu. It may be recalled that earlier this will never get cargo to carry so long as Mr. Alabaster, extends over acts com month, 'leaders of the Kuomintang in the pickets rule the roost on shore. That the Colony; secondly, over persons on has not been, in fact, paid: The onus of is not. thereby estopped from claiming a mitted within the territorial waters of payment of rent from him, for the rent Shanghai were instrumental in persuad is where the Navy touch" is needed-board British ships in foreign waters in "proving payment is thereby ing a number of well-known persons in on the beach. What is the use of seizing places where big ships go; thirdly, over tenant. China to offer themselves as mediators a motor boat if the pickets are free to seas which are under co territorial juris those waters generally known as the high flost about unmolested in sampane and diction of any country but are free to the In an interview a Kuomintang official intimidate labour along the waterfront. world. gave to a number of Press correspon- The whole picket organisation must be dents the other day, this official was torn out, root and branch, before any understood to say that Kuomintang British trade can be resumed. troops were advancing towards Wusheng- kwan in Hupeh on the 15th. Later," in
for peace.
J
The 3.0.0.
"But it does not, however, extend to waters or on foreign land. Lets committed by foreigners in foreign piracy on the high seas which is justice In fact, able in every country is an entirely separate and distinct offence from piracy by municipal law of each different
nation."
A Case In Point,
on
the
have not been satisted that payment has As I have previously explained, I been either proved or disproved by the evidence in the case. On these grounds, I now, consider that judgment should be given for the landlord on the claim. The armed each party to pay their own judgment on the counter-claim is re- costs.
Every drop of oil is being carefully
Chinese waters." The fact that Chinese the articles ritten for publication in taxed at the rate of $1 per tin. The
lived on islands on either, ride of the Canton, it was stated that the Kuomin-officials will see. to that for I hear that
place did not mean that it was Chinese tang troops had captured Wushengkwan in the Company's filling shed, there is a Alabaster cited many legal cases, includ. torial waters because it was bounded by
In support of his argument, Mr. territory, That the spot was in terri on the 18th. It would appear, therefore, local Government Bolshevik, assisted by ing the case of Kwok Ah Sing, a Chinese Chinese waters was absurd, he said. Not that occasionally "news" is distorted in several stamp-lickors, sticking stampa on arrested in Hongkong on a charge of one of the cases quoted were, he submitted, a way not countenanced by responsible (cách tin as it is filled and soldered. I vessel fifty miles from the coast of China, dictment was made. That legislation had
murder and piracy aboard, a French based on the statute on which the iz suppose it has occurred to your readers Whilst detained in Hongkong for ex- that every single dollar raised by the Habeas Corpus as a result of which he
been formulated for the purposes of the tradition, proceedings were taken under Colony. Kuomintang by this iniquitous taxation' will be used for the undoing and desfor piracy on the high seas and again was released. He was then re-arrested
truction of British trade.
officials
Complaints have reached Kuomintang inner circles that some of the Northern troops who have recently" come over to the Southern side are not obeying Kuo miatang order. It is alleged that certain corps commanders are not altogether trustworthy." Two generals, it is said, who pledged themselves and their troops in Kiangsi to follow the Kuomintang, have failed to live up to expectations. The "purchase money paid to buy them over, while spent, has so far not borne the fruit desired. The Southern Kiangsi districts have been aurrendered to the Kuomintang Dominally, but the militar-
former superiors.
.
MILITARY WEDDING.
YESTERDAY'S CEREMONY AT
ST. JOHN'S CATHEDRAL,"
BRIDE "A DAUGHTZER OF THE
REGIMENT."
A pretty military wedding took place
#
released under Habeus Corpus on the grounds that he could not be indicted twice for the same offence.
His Lordship in adjourning the case" argument as to whether the Crown or until the afternoon said that he desired
defence should prove that the 'waters were or were not territorial waters.
Immaterial,
Separated. And Distinct,
At, the afternoon hearing Mr. Drer When the case was taken to the Privy Ball continued his argument. He said. Council it was held that the second re- that the Crown's view was that it was lease was wrong in that piracy on the immaterial whether or not the waters. high seas and piracy under municipal were territorial waters. Furthermore, in law were two separate and distinct the view of the Crown the burden of crimes.
proof, had been conclusively discharged Rending from the judgment M. by the Crown. A prima facie case had Alabaster said that any nation might been made out. make its own laws for dealing with
Burden Of Proof.
ported during the past two weeks have same regiment, and son of Mr. and Mrs.dition. Under the present Ordinance, ment said that the offence took place been merely advices from surrendered Ridger, Addicstone, Surrey, Northern commanders' that troops în cer- The bridegroom has been connected tain places have gone over to the Kuo- with the regiment for considerable mintang. Some troops did not know time; while his bride was born in Jersey that they had gone Kuomintang until while the East Surrey were stationed
offences committed by its own subjects Mr.-Alabaster said that it was the first ista there have not turned against their at St. John's Cathedral yesterday after outside its own territory, but the general time. he had ever heard it brought for.)
principle of criminal jurisprudence was ward in noon, the ceremony being attended by that the quality of the ect done depend-burden of proof was on the defence. I a criminal Casa that the
The Kuomintang has now several more
oheers of the 1st Battalion, East Surreyed on the law of the place where it is WDS for the Crown to
committed.
prove their the Sergeants'
case. If the Crown charged a man with The Law Of Nations." corps commanders, including General Regiment, members of
Mess and their wives.
something which might deny him of his Lip Tso Lung, the Northern general, who
The offence which these people have freedom, and in the present case, to for- sold Wu Pei Fu i Hanyang. He has
The bride was Miss, Dorothy Ross committed, assuming for the purposes of feit his life, then the case should be been made officer commanding the 15th Oram, daughter of Sergt. and Mrs. Oram, y argument that the Crown has proved proved to the hilt. If the crime com its case, continued Mr. Alabaster, is an mitted was outside the jurisdiction of Kuomintang Army Corps. "
of the 1st Battalion, East Surrey Regi- offence against the law of China, for the Court, then no law had been broken There has not been much actual Sght-ment; and Sergt. Frederick Charles which the remedy of the Crown is to
In Chinese Waters. Ridger, als of the 1st Battalion of the the Chinese authorities, for their extra hold them pending an application from ing in Kiangsi and the "victories" re-
Continuing, be said that one indict-
Amended to more strongly emphasise the on the high seas, and another indictment point subsequent to the Kwok Ah Sing on which they were tried said it was case, Chinese subjects committing crimes committed in the waters of the Colony. within the jurisdiction of China have to It was for the Crown to prove the facts be surrendered to the Chinese authorities as alleged in the indictment. Evidence even though the case might be a piracy had been given that the place was in juri gentium (by the law of the nationa). Chinese waters. Moreover, Admiralty In Kwok Ah Sing's case, it was stated, jurisdiction only applied to English further contended Mr. Alabaster, that ships. All the islands as far as the piracy on the high was was robbery Ladrones were in Chinese waters, and it within Admiralty jurisdiction and in was proved that the spot where the offence that the Admiralty jurisdiction extend Counsel submitted that, in the case of the case it should be argued by the Crown took place was also in Chinese waters. ed to rivers in foreign countries below three prisoners there was no case in law that this jurisdiction of the Admiralty Mr. Sheldon said that neither his the bridges where great ships go, he (Mr, to answer. Alabaster) must anticipate it by stating His Lordship disagreed with Mr.
Alabaster's contention, was limited to British chips.
asked to wear the red badges.... -
there.
The Rev. G. F. Stopford, chaplain to Nanchang Reported Captured. Chinese newspapers have received tele. the troops in Hongkong, officiated. grams from Shanghai announcing the father, wore a becoming dress of velvet The bride, who was given away by her capture of Nanchang, the capital of georgette, and carriaga bouquet of white Kiangai, by the Southerners. In view of previous experience it is difficult to know Lily May Oram as bridesmaid
She was attended by her sister, Miss how much reliance can be placed upon Oram wore dreas of blue taffets, and the report which is lacking official con- carried a pretty bouquet of carnations.
firmation.
"WEATHER REPORT.
"Last night's "weather report, forecast and remarks, issued from the Roya! Ob- servatory at 8 o'clock; stated :-
The northern depression is moving eastward and now covers South Korea An anti-cyclone appears to be forming over China.
Local forecast:-East winda, moderate, fair.
говез.
The bride's mother wore peach colour. ed georgette.
The duties of "best man" were carried out by Bergt. Bays, of the 1st Battalion, Bait Burrey Regiment.
Following a Road, the home of the bride's parents, reception at Kennedy the happy couple left for Repulse Bay, where the honeymoon will be spent. The bride's travelling dress was of flowered voile with hat to match.
The bride's gift to the bridegroom was a gold signet ring and that of the bride groom to the bride a gold slave bangle,
"A Great Surprise."
Mr. Alabaster cited cases on the point. Lordship nor Counsel for the Crown bad
dealt with Admiral Jurisdiction at all.
Mr. Alabaster farther submitted that the Crown had to prove that the place was one where great ships go.” 19 Ma His Lordship, whose speech was scarce ly audible, decided that the ease should
Mr. Dyer Ball, for the Crown, said that the defence had come as a great surprise to him. He submitted that the charge was-put. defence should have been made before the
His Honour (Mr. Justice Wood) said that that could hardly be done until evi- dence had beer called as to locality.
Mr. Dyer Ball farther submitted that the onus was on the prisoners to show that the offence was committed in (Continued on next. Oclums.)
Counsel for the defence intimated that they would not call the prisoners.
Mr. Dyer Ball addressed-the jury at length and submitted that the guilt of all three men had been proved
The cash was then adjourned, and will conelade to-day
Wm. POWELL, Ltd.
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