DEPORTATION
ORDER
AND TWO ANNAMITES.
INTERESTING SIDELIGHTS ON
GOVERNMENT PROCEDURE.
JUDGES RULE THAT S.C.A. QUESTIONS
WERE IRREGULAR.
The Chief Justice (Bir Joseph Kemp) and Mr# Justice, Lind-" moll, held a session of the Full Court from 11am. to nearly 4 p.m. on Saturday, to continue hearing of the application for a writ of habeas corpus on behalf of two Annamities, Sung Man Chu and his heice, Li Snm, who are in detention under doporta- tion warrants,
The deportation order instructed the man's return to Indo- China by the French as, Angers, leaving on Tuesday, The defence, conducted by Mr. F. C. Jenkin (instructed by Mr. F. H, Loseby, of Russ & Co.) declared that the man is wanted by the Indo- China Government for alleged political offences and he himself. states that these proceedings are a matter of life and death to him, The defence alleges irregularity in connection with the man's detention, and that there were also irregularities in the manner in which questions, other than those allowed by statute, had been put to him by an S.C.A. oficial. They ask, therefore, for his dis- charge.
“AN IRREGULAR QUESTIONING.
The Court held; that the examination at the S.C.A. had been irregular and the Deportation Order looked bad. A further de *portation order has, however, been issued and the present arrange-
ment is that, 'subject to the result of further proceedings, the man is to leave Hong Kong by the French 8.8. General Metzinger on or about September 1st.
The hobeas corpus proceedings with regard to Sung Man Cho will be resumed on, Thursday.
The Attorney-General announced that the Crown was willing to release the "Temale prisoner and it was understood that she wished to go to Nanking.
DEPORTATION DELAYED.
The Attorney-General announced Prisoner also disputed the ac at the outset that he had 'arranged curacy of the official report of an with the Executive that if these interview which he had had with proceedings did not terminate, by an official at the S.C.A. He had Monday the prisoner would not be had been interviewed three times deported by the s.8. Angers, which at the S.C.A. and not once as the. sailed, on Tuesday, but by the S.C.A. report stated. General Metzinger, Builing about Mr. Justice · Lindsell; He was, September 1st.
in fact, in custody before June 19. It is not alleged that he was taken into custody on that day, and not early 1
Mr. Jenkin asked for a definite undertaking on this point.
The Chief Justice said he pre- sumed that whatever ruling was ronde the defence would take fur- ther steps.
Mr. Jenkin said that this was the most unusual case in which he had ever been engaged. Ho'naked the Attorney-General, following the
The Attorney-General: He was arrested that day, ".-
Mr. Justice Lindsell: avoids, my question.
That
The Attorney-General said that.
precedent of Sir Frederick Smith he was not prepared to make
(Lord Birkenhead) when Attorney-statement on that point. General of England, to give on be-
half of the Government an· under-
The Chief Justice: He was ar
HONG KONG DAILY PRESS, MONDAY
A Good Many questions. The Attorney General said that be had no doubt that pirisoner whe saked a good many things at dif- ferent times The Ordinance in question gave the examining officer power to put supplementary ques- tions at his discretion, and, the auswers were put into convenient. form and forwarded to the Gover hor-in-Council." "I submit that we have a fair interpretation of the officer's performance of his duty and his discretion in putting questions in addition to the statutory ones." The Attorney-General submitted that nothing had been done outside the Ordinance and he could carry the matter no further
The Chief Justien: What would be the legal effect of putting im proper questions.
The Attorney-General said that they would help to confirm or modify the existing opinion of a
0980.
The Chief Justice: But what would be the effect in this case?
The Attorney-General: The ques- tions were a fair interpretation of the statutory powers and the ques-" tions were proper ones,
Power to Cross-examine?
Mr. Justice Lindsell: The power claimed is to cross-examine a de- portec to establish his guilt.
The Attorney-General: I don't go so far as that.
...
Mr. Justice Lindaail: The quès- tions were in effect cross-examina-
tion.
to CTOSE-
The Attorney General: There is statutory power not. examine, but to put questions with a view to getting an admission or denial, but not to pro him. He denied certain things and admitted certain things,
The Chief Justice: The manner in which prisoner answered a question might be ambiguous. This Ordinance gives the examining oflcer power to elucidate a point. Again be might fail to reply to one particular, and the officer is given power to call the attention to it, in caso a failure to reply might be taken as an admission of guilt. That seems to me a fair interpretation. I cannot see how you can carry it further.
The Attorney-General: If you look at the questions and answers you will see that the gravamen of the charge is that the prisoner is a Communist. The prisoner denies that he is, he explains that he is A nationalist and denies other parts of the charge
11
Agains! Our Ideas.
The Chief Justice: But that is
4gainst our ideas of procedure against" accused persons. "There is no power to pick out details in the dossier and confront him with them; you can only draw his atten- tion to items of the charge |
The Attorney-Goneral submitted that the Legislature had specifically permitted such questioning,
Mr. Justice Lindsell: Your in- terpretation duen riót help a de- portee. It puts him a worse posi tion than a prisoner making a statement from the dock; bo cannot be cross-examined upon it.
The Attorney-General said that that might be so.
When the Court assembled for the afternoon hearing the Attorney fieneral said that owing to the
taking that the applicant would rested on the oth, but the endorse-course the case had taken he had
not be deported until September munt on the, deportation order was 'st (on or about) when the General Metzinger would sail. He intended dated on the 18th..
you.
13 assurance
HONG KONG STOCK MARKET.
SATURDAY'S TRANSAC-
TIONS.
The official summary of the Hong Kong Stock Exchange, issued on Saturday morning, states-
The market was quiet and thers is little of nole to report,
.
Banks were dealt in, at 82,040, an Underwriters, after sales at 36, had buyers still calling for abares at this rate, ****
and shares changed hands at $26.50, China Lights improved, slightly,
sellers asking $20.00, with "buyers offering $20.00
Canton Jews were dealt in at. 89,
buyers wanting shares at a reduc tion of 30 cents.
Dairy Farms were the medium of
sales at $39.80,
Watsons were done at $16.60, sellers asking 816.75, but there were buyers at 816.50.
AUGUST
17. 1931.
THE ANTI-RED CAMPAIGN.
WANG, CHING WEI ON CANTON'S PLAN.
[PARTY BULLETING]
CANTON, Aug. 13" Addressing the representatives of the various public' organisations who who attended the meeting summoned by the Extraordinary Session of the Central Executive and Supervisory Committees ro- Barding the organisation of the Klangai Red Ravaged Area Relief Association on Wednesday, M Wang Ching Woi made the follow ing statement
It was not long ago that the Canton people devoted their energy to the relief of the flood 'rofugees in districts along the North and West Rivers."Now, they shouldering the heavy responsibility for the relief of the striden people ip the Kings Red Ravaged Ares, Canton has always taken a lead in relief work, since it was the birth Hotels were reported sales at place of evolution. Should the $17.80, but buyers were disinclined Association be satisfactorily organ to bid higher than $17. The new ised, there would be no shares had sollers nt $17.95, but appearance of Communism. without business resulting.
The so-called bandit-suppression campaign carried on by Chiang Kai
China Entertainments (Old) were transacted at 815:20.
Lands-Sales have to be recorded
further
at 01:75. There were buyers at Shek in Kiangai is but a name.
$91.
The capture of towns and cities Ewos had buyere, at Tis. 14.00, by the troops from the Communist- but no transactions were reported.bandits is but a sort of change of
Trams had sellers at 822, but area. there were buyers offering #21.50/
Constructiona had buyers at 813.05, but no sales, resulted.
Gold Bonds were negotiated at 74 premium, but there were buyers, in the market at 721 per cent.
STILL NO NEWS OF THE
KVONG. SANG..
Up to a late hour last night'
there was still no news of the Jardine steamer Kwong Sang.
She is now four days overdue,
DR. E. P.
LEAVING COLONY
TO-MORROW,
No real fighting has ever taken place since the commence- meat of Chiang's bandit-suppression campaign. The troops captured" towns and villages which had been voluntarisy, evacuated by the Reds. Chiang's report of the capture of 8,000 rifles from the Communists is groundless.
RANSOME'S LAWN MOWERS
STOCKED IN
THE
12-in. and
"LEO"
sizes.
THESE new side-wheel lawn mowers have been
brought out to meet the demand for light, reliable, low-priced machines, fitted with ball bearings. They possess several important im- provements.
Ball Bearings are fitted to the cutting cylinder. These
arb self-aligning and are enclosed in dust-proof housinga.
A Single Screw Adjustment is provided for each bearing
for adjusting the cutting cylinder to the blade,
A Spring Attachment is fitted to assist in keeping the
rear portion of the machine down to its work. Extra High Driving Wheels are fitted. These are 8-in. in diameter and have over tyres to prevent the dirt from entering the gearing.
The Standard Cuffing Cylinder has six knives with hard steel cutting edges, ensuring an exceptionally long life.
LANE, CRAWFORD, LTD.
ARDWARE DEFAETHENT.)
On the contrary, the National MOST PEOPLE KNOW-
Government will adopt measures for suppressing Communist-bandita by military, political and economical methode simultaneously, so as to eradicate the Communist-bandite completely. The activity of Com "munist bandita is' due to the lack of solf-protection and co-operation of the people.
in
Ол
The enforcement of district autonomy by, the National Govern ment can solve the problem of sup. pressing Communist bandits by political means, as people will be in a position to protect themselves and to co-perate with one another the enforcement of district sutonomy.
"After a successful drive Dandits, rehabilitation work is essential for the rivival of busi This is a scheme of sup nesses. pressing bandits by economical means. With this in view, the San Min Chu I (Three People's Prin ciples) must be introduced for the carrying out of rehabilitation work As soon as bandits are suppressed." the On Friday the staff of farewell presentation to their de Bacteriological Institute made...a parting chief. A beautiful Chinese tapestry was presented by Mr. K. T. Loung and Mr. R. Deb made a speech congratulating Dr. Minett on his new appointment.
Dr. E. P. Mipett, who for the last nine years has been Govern ment Bacteriologist in Hong Kong, will leave the Colony to-morrow for British Guiana, where he will take up his new position as Medical Oficer of Health
obtained the necessary order for the male prisoner to be deported by the General Metzinger and not by the Angers, Jenkin asked for
Asked if he was satisfied, Mr, that the Executive would not, under another Section, deport his client by the 8.8. Angers. What he was fighting for was to get him away by a ship that did not go near Indo-China.
officers, The Attorney-General: I do say that he will not be sent away be. fore the General Metzinger sails..
1
1
CHIANG MUST GO!
PEACE DISCUSSION-
AFTERWARDS.
(CENTRAL, PREIS.] The Officers of the H.K.V.D.C. also presented Dr. Minett with two
CANTON, Aug. 10 The National Government will silver tankards in token of their high esteem and affection. Major not discuss peace with Nanking Col. L. G., Bird and fellow resigns all his posts, according to a H. B. L. Dowbiggen, on behalf of unless. Chiang Kai Shek voluntarily made the presentation.telegram dispatched yesterday by The doctor, referred to his many Messrs. Sun Fo, Tang Tsek Yu and happy associations in Hong Kong, Kou Ying Fan on behalf of the particularly with the Volunteers Government to Mr. Chang Chi at and expressed his regrets at having | Peiping, to leave the Colony where he had made so many friends,
Tho Attorney-General: being a Subordinate Oficer, ho in As to the official whom the Legislativo Council entrusts with discretion in carrying out these dutina In this caso the object was not to drive the prisoner into a hole but to help him to give an explanation of the things in the dossier.
Mr. Chang, in his telegram of August 18, requested the National Government to send representatives to Shanghai, to discuss terms of conciliation, but this offer is flatly rejected by the leaders here. of Chiang Kai Shick is a national The demand for the resignation vement, the reply says, and Chiang must go.
NEW TAX IN PLACE OF LIKIN
to ask for a rule uiei, and then to
Ja reply to further questions, the take further proceedings.
Attorney-General said that if the The Chief Justice: Can you in- dicate what proceedings you will detention from June 6 to June 12 take? I can see that there might was illegal the prisoners had their certainly because for further remedy in damages proceedings, even if we are against his reading of the
The Attorney General continued prisoner's Mr. Jenkin agreed, but repeated affidavit which stated that he that his immediate object was to (prizoner) had been asked questions ensure that his client was not de-nt the S.0.A. which he had been ported by the s.s. Angers.
advised by his solicitor he should not have been asked, and that he Alloged Difficulty in Beeing Legal had no need to answer. In the
A Worse Position, Adviser.
official report he was put down as saying that his name was Sung Continuing his argument, the After, the Chief Justice had Man Cho and a number of aliñses. ↑ Attorney-General said that their amoothed A "breeze" between He denied saying that he went by Lordships had expressed surprise Counsel, with regard to the terms these aliases.
that, an Ordinance should be pass of an undertaking which he was Mr. Jenkin said that he would ed' putting, certain persons in prepared to give to ensure that the like to see the original notes made worse position than before. There male prisoner would not be de-by the examining officer at the was nothing surprising in that ported by the 8.8. Angers, the 8.C.A.
The Criminal Evidence Act put Attorney-General continued his The Attorney-General replied | worthin person, namely, those who argument showing cause why a writ that the typed copy with which Mr. were guilty in a worse position of habeas corpus should be issued Jenkin had been supplied was than ever, but it allowed innocent in favour of the male prisoner, similar to the official record--the persons a chance to tell their own Sung Man Cho. Prisoners had com record sent to the Governor-in-story. It put prisoners in a worse plained in his affidavit that he had Council,
position by subjecting them to cross- not been allowed access to his legal Mr. Jenkin said that the original examination. adviser.
recard was written with a pen, But his submission was that the The Attorney-General said that not a typewriter and ho would like Legislative Council had passed this although Mr. Loseby was not allows to erckit.
Ordinance. They were not there to ed to seo the prisoner on June 24 The Attornoy General then read discuss the action of the Legislative there was no denial to the prisoner the official record of prisoner's Council but to interpret the Ordi- who did not ask to see Mr. Loseby interview with the Assistant Secre nance and ncept what the legis ...unti] - the ⠀ 20th. The Attorney-tary for Chinese Affairs, Prisoner Iature had done General read a further afidavit by jaffirmed that he was an Annamite The Chief Justice: How can you Mr. Loseby stating that he saw the nationalist. He was not a Com- draw a man's attention to a parti. prisoner's signature to the request munist, he had no connection with cular matter which has not been
That being the situation ho would to non him on the 24th. The any Communist activity. The aim mentioned before.
naked the defense-if they wanted the Business Tax, destined to A new tax, to be known as Attorney-General read parts of the of his party was the removal of The Attorney - General: "" The
to carry her case any further. take the place of likin, will Affidavits by Mr. Franks and a the French ruls in Annam, Thero things in the dossior would be put prison warder controverting this
were three sections of his party, before the Governor-in-Council with their solicitor, in Jenkin to and elsewhere on the 1st After the prisoners had consulted be formally introduced in Can Mr. Alabaster continued that oh section wishing to place Annam This given a prisoner an opportu announced that he was not prepare of the next ininth. Each firm in the proper legal procedure had under one of threo, powers other nity to answer them..
ed to take any responsibility for Capton will pay a certain fixed sum been adhered to by the authorities than France,
Can you his client's movements, without fur of money to the Provincial Treasury concornod. H
He denied that a certain photo direct a person's attention to things ther consultation with, them An affidavit by the prisoner was graph produced by the examining not already disclosed to him↑ "A The Chief Justice then announced every month, depending on its busl then read by the Attorney-General officer was a photograph of him. subordinato officer can pick what that they were against the Attorney ness and the extent of capital regis. denying that he was arrested-on self. He admitted that he had been aver point, ho, likes and put it to General on the question of the cred. This now tax, the first of June, 18, and stating that all that in France from 1990 to 190, but him? I can understood putting statutory interview, and that sub its kind in the history of Canton, happened on that date was that he denied that he had boon in Russia nothing from the dossier to the jest to what the Attorney-General will net for the Government an was removed from Central Police or that he had made speeches at prisoner but not leaving it to the had to say the Deportation order income of $120,000 a month, it is Station cally to Victorial-Geolbe Stle Internationale,He had officer-disorotion-as-to-what-chall- Way bad. The actual date of arrest wae June | been "about, seven months in Hong | Bad v what shall not be asked Tho hearing was adjourned till Further Ching-news will be
Kong, but he had no relatives here (Continued in next Column.) Thursday afternoon!
| found on page 6.]
·
The Chief Justice:
The Girl Can Leare, Dealing with the case of Li Semn, the woman defendant, the Attorney- General said that though she was held, in his contention, in legal custody, he had no wish to detain her and she could go, but it must be within seven days. He under-1 stood she wished to go to Nanking where her mother lives...
TO NET GOVERNMENT $120,000 PER MONTH.
(From Our Own Correspondent.)
CARTON Aug. 10.)
-estimated, about a hunni.
THERE CAN BE NO ARGUMENT.
ABOUT THE BEST-
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THE COLUMBIA INSTRUMENT HABTM BEEN AWARDED THAT POSITION BY EVERY CRITIO OF IMPORTANOR AND THE DISORENING PUBLIC.
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