DEPORTATION ORDER
S.C.A. INVESTIGATION OF TWO
ANNAMITES NOT REGULAR.
(WOMAN DISCHARGED BY THE COURT: APPLICATION FOR COSTS AGAINST CROWN.
When the case of Sung Men Cho and his nieco, Li Sam, was resumed at the Supreme Court yesterday afternoon, it was ro vealed that a froak deportation order was served on Sung. Man Che after the Court had risen on Saturday afternoon. Mr. Jon- kin
criticheat thi
this procedure, pointing out that a fresh deportation order eculd not affout the position as it stood on Saturday afternoon, and what was unlawful "could not be made good by a step takon after it..
The Chief Justice (Sir Joseph Komp), with whom was associated the Puisne Judge (Mr Justice Lindell), hold that the original deportation order was bad in the case of the women and directed her discharge, Mr. Jenkin immediately applied for payment of costs and the point was reserved after argument.
HONG KONG DAILY PRESS, FRIDAY, AUGUST 21, 19311
JUDGE'S “TINDING,
The following is the text of the Chief Justice's finding in the cus of the woman:
1. My view of the latter part of Section 34 (4) of the Deportation Ordinance, 1917, is as follows: The Legislaturo, no doubt feeling itself justified and indeed obliged by, the conditions of the problem so to do, has laid down a very drastis and unusual procedure for caans falling under Section A Under that procedure the person who is to bo adversely affected, the deportee ns I shall call him, is informed only of the allegations against him. He is not allowed to know the ovi dence on which those allegations are basad, or at least, that evidence need not be disclosed to him. The Lagislature has, however, introduc red two minor anfeguards in the taking of the dopprton's reply to the allegations. Reflecting that he may reply ambiguously or inexact 1y, the Legislatura has provided that the officer taking his reply may put to him such further questions, to those prescribed by the Ordi nance, as may seem to such officer desirable for the purpose of elucidating the answers of the de ported. Reflecting also that in the case of a composite charge where there are more allegations After discussion, Mr. Jenkin than one, the deportes may through agreed with their Lordships, that inadvertence fail to reply to & par the proper course to adopt would ticular allegation, the Legislature ba to take it that the Attorney his reply may ask him additional lis provided that the officer taking General was still showing cause by questions for the purpose of direct producing another deportation orng his attention to any particular, da.
VALIDITY OF NEW ORDER QUESTIONED.
cause against the woman, but not against the man.
case being resumed, the Asked for his views, Mr. Alabas Attorney General (the Hon. Mrter said that he was still showing C. C. Alabaster, K.C. stated that he was unable to carry his ar gumenta any further sine thoir Lordships had decided on Saturday that the deportation order, issued could not stand owing to the form of questions asked by the official from the Secretariat for Chinese Affairs, The upsetting of the de- portation order would not affect Li Sam, who was free to leave the Colony, and in fact bad more time in which to go.
Woman Discharged.
, any particular allegation or | part of an ́allegation to which he has failed to reply and which semus Lo such offlear, in the interests of The Chief Justice, having read the deportec, to call for a reply, to the Court the notes (apponded Reflecting again that the deportes may fail through inadvertence to Mr. Justice Lindsell observed below) he had made on Saturday reply sufficiently fully to some par that there was no evidence that as to why he considered the origin- ticular in the charge, the Legisla proper questions were put to Lial deportation order to be bad inture has also provided, that the officer taking his reply nay direct. Su
the case of the woman, ordered the the attention of the deportee to any discharge of Li Sam, who left the auch particular in the charge which dock to take a seat near Mr. Loss-seama to him, in the interests of the by, solicitor instructing Mr. Jen- deportee, to call for a further reply 2. The Attorney General argued in effect that the latter part of the sub-section empowers the officer in question to select at his discretion particular points in the secret øvi- dence against the deportee and to put them to the deportee. How that officer is to decide which points
Mr. Jonkin. We have not gone into that yet.
kia.
FOUNDERING OF THE KWONGSANG.
EYE-WITNESSES' STORIES OF DISASTER.
THREE SURVIVORS CAPTURED BY
PIRATES.
Forty bodice are reported to have
One European and two Chinese,compradore's, tickets, stamped believed to be the sole survivors of Kwongsang, has been found in the the Kwongsang disaster, are re-village of Sansha, and what ap- ported to have been seen alive on pears to be a panel, from a wireless
small uninhabited island near installation has also been dia Sanshe, a village on the coast covered. AZUREN North Fukion, ou Monday last, soven days after the sinking of the ship Landing parties from H. Men washed up on an island in the Sepoy and the s.a. Fooching are centre of Funing Baysi tuo in nud concentrating their efforts in nis believed to be marked on the exhaustive search for these men, their task is rendered difficult by chart, though it is unnamed, the fact that there are countless Those aboard the Kwongsang small, uninhabited islands in the were LAT vicinity, and it may be that some time will elapse before' definite in- formation regarding the identity of the supposed survivors is forthcom" 1g. May
Survivors in Hands of Pirates,
That the three men are in a more serious position than was at frat supposed is indicated by a wireless message received in the Colony yesterday afternoon from the eam- mander of H.M.B. Sepoy, which, stated:--
#
Captain CA H Hendry,
Master
Mr G. E. E. Bank, Chief Officer. MeJack Rees Socond Offer. MES E. MoKinlay, Chief
Engineer
Mr. W. K Gochrane, Second
Engineer. MLAK Amos, Third Engineer. MMotabbai, B. Shroff, partner in the firm of H. Rutton jes and Son, of Shanghai, par *Bengar
Race Ponies Lost,
Am endeavouring to ind
The Chinese members of the crow traces of and it possible resonenumbered approximately 43- the three survivors reported in my previous message," "Last seed sight days ago in hands of armed pirates in the bay be tween Fialon Island and Good Ridge Point,"
Bound for Swatow, Hong Kong and Canton, the Kwongsang mail- ed from Shanghai at 4 o'clock on Saturday afternoon August 6, with l'approximately 2,000 tons of cargo. ind 19 racing ponies on deck, the Thus it would appear that the latter consigned by Duncan & Co.
to Hong Kong. E work of the searchers is not to be, The Macno Jockey Club adver unattended with a certain amounttised on Tuesday that owing to the of danger, and that the position of non-arrival of subscription ponies the captured survivors, may be a from Shanghai, the inaugural meet- precarious one,wing would be limited to our day.
Villagers Witness the Sinking. Captain Hendry, the master of the Kwongsing have been dis residing in Shanghai A member Eye-witnesses of the sinking of the Kwongsangis & married mah, covered in the village of Sansha by of a family long prominent an the investigators. The villagers planters in Ceylon, before joining state that they saw a ship battling the Indo-China, Flest in 1994 he with the terrific seas on he night of anised as master out of Indian Sunday, August 9, and that on ports. Since then he had com- vicinity of Chupi, apparently in taze River. After returning from a & sinking condition. At 9 am on year's home loaya in "Scotland in the same day she was seen to December, 1930, he was assigned to founder with the constal trade: read an affidavit by Sub-Inspector order for payment of costs. Coun require a'reply" does not appear unable definitely to identify the gineer, was only temporarily on the The witnesses of the tragedy were Mr. S. E. McKinlay, the Chief En sel said that the practice in EngOne would imagine that all the lost vessel, as the Kwongsung, Kwongsang, pending home leave on land in cases of habeas corpus,adverse evidence would require a they stated that she had a red September 8. He had intended to where it was left to the discretion reply, but the officer is obviously funnel, which effectively disposes of sail for home on the P. & G. liner of the Court to order the payment evidence to hini. A power so
not intended to put all the advere any doubt as to her identity. If Cathay, accompanied by his wife of costs, was applicable hero. The strange and improbable as that cou any further proof were needed it is and two children. A son, aged 17, practice at Home under the Adiended for would have to he con-supplied by the fact that a book of., is at school in England.
forred in the clearest terms, instead judicature Act has been to make of the clear terms that we should an order to give a successful apexpect in such a case we find the plicant the costs of the proceedings, following: Counsel quoted a case in support.
Mr. Alabaster, continuing, said that in the case of Sung Man Cho, a summary order has been made and that the man was now held under a deportation order similar in wording to the old one.. He
Carey showing that the order was served on Sung Han Cho fast Saturday.
The Chief Justice: We are not.
Mr. Jenkin, raising the question of costs in regard to the woman, said that he hoped their Lordships order would be coupled with an
concerned with this order in these proceedings except as to the form of our order in the application..
Mr. Alabaster explained that the applicant, on the day of the order nist, was held on detention war. faut dated July 30, and there were
Counsel continued that the At- subsequent warrants issued as esch, torney General had argued that the one expired and finally the de- Crown was not the respondent in portation order. To that extent he those proceedings and that ho waa would say that the new deporta-appearing for the Superintendent tion order was good.
of Priscas Mr. J. W. Franks to
that show cause. In
his (Mr. Jenkin's) submission would be that he was entitled to claim costs from the Superintendent or Prisons as from a private indivi dual. He said that this was a case in which the discretion allowed to the Court should be exercised in his favour.
Mr. Jonkin said that his posi tion was not certain and he asked if the Attorney General would in- form him when the new order had been served, because the Court was sitting on Saturday. Counsel was informed that the order was served after the Court rose on Saturday,
Sympathy Against drown. Mr. Jenkin: The position is that the Crown, feeling that the sympathy of the Court was against them, tried to make good the ous-
ft.
case
Mr Frank's Position.
Mr. Alabaster pointed out that the Superintendent of Prisons held the applicant, Li Sam, under
tody by a fresh deportation order,rries of detention warrants It cannot affect the position as it
which had not been set aside. When stood on Saturday afternoon, and
the deportation order was served on if it was unlawful then it cannot be made good by a stop taken after the hands of the Superintendent of the applicant, sho was taken from I suggest that the better course Prisons and placed in police cus- would be to crder the discharge of body. this man on the present applica After further argument by tho tion and I undertake, to institute Attorney General as to why costa this afternoon fresh proceeding to should not be allowed, Mr. Jenkin test the validity of the new order. pointed out that Mr. Alabaster Counsel added that, if for the bad not stated in Court that the zake of greater convenience, it was custody of the applicant, had pass.. decided to deal with the new ordered into other hands. The only re as" part and parcel of the present ference to it was made last Friday proceedings, he should be given the when Mr. Alabaster asked their opportunity to file the necessary Lordships for a ruling as to whe affidavits and deal with the matter ther the applicants were in the further at a subsequent hearing custody of the Court or the police, He was quite prepared to state that had been done the order briefly want his case would be in regard to the new order, and to plaborato it, to some extent, subject te their Lordships allowing him to call further evidenco en the point of the new order.
- Mr Alabaster expressed agree
meat with the request for more tima to deal with the matter
Mr Jonkin pointed out that once
a man was discharged on a writ of
habeas corpus he could not be ar rosted again for the same offence: 16 a later stage Mr. Jenkin aid that the holding of the applicant under the now order was invalid, and that it was an entira, abuse of
· habeas corpiis process.
(a) This wide novel power fol lows without a pause a very re- stricted power to ask questions for the purpose of slucidating the answers of the deportoe, questions such as might be asked of a pri- soner making a statement after caution, when being charged in sa ordinary criminal prosecution.
(b) The power is to direct the deportee's attention to something. That phrase rather suggests spe- thing which one has seen but of which one has missed the signi- feance. It does not acom an appropriate phrase for disclosure
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313
LANE, CRAWFORD, LTD.
Furnishing Department,
Monday morning she was in the manded vessels on the upper Yang- MOST PEOPLE KNOW
'יי'
SEQUEL TO THEFT
OF GLASS.
OWNER SUES INNOCENT
PURCHASER.
MASTER RESPONSIBLE FOR
ACTS OF SERVANT?
An interesting sequel to the theft recently of 100 boxes of glass was heard in the Summary Court
of what had hitherto been when a case was taken before the cealed.
Puisne Judge yesterday to decide the ownership of the goods, the parties being the owners from whom the goods were stolen and the firm
(c) In "reply" we have a word which may fat least) refer to the answer to question four If it dora, that would suggest that the reply is to be to something already put to the deportes in which bought them, admittedly in that question.
good faith.
(d) Further reply i insp "propriate to the constructionson-
Mr. H. Lo is for plaintiff while tended for Under that construc.r. F. X. d'Almada, junior, is de-
tion the officer would first. diruet, ending lining the facts which were
the deportes's attention to a par-"
Goods Traced...
The goods, however, were traced to the defendant shop, and Yuen Hei Ting, together with a man Damed Lam Hin Tong, who acted as broker, were charged before a Police Magistrate, the former with larceny and conspiracy, and the atter with conspiracy. Due to the fact that Lam was needed as a Crown witness, the chargo against him was withdrawn, while Yuen was convicted of conspiracy, the charge of larceny being dismissed.
In reply to his Lordship, Mr. Lo said there was no actual evidence against Yuen of having committed the theft, because the goods were taken away by Wong On, but the circumstances were such that he must have been implicated in the theft.
His Lordship: Then, as the facts are agreed, it comes down to a question entirely of law I-Yes,
Who Suders Loss?
Me Lo who is lost his Lord- ticular requiring a reply. Here agreed, Mr. Lo stated that plain ship would have decide whether or direct attention" means "distill had godowns in various parts not the innocent purchaser of the close part of the worst evidents of the Colony, including one at goods had to suffer for the fraud I am speaking with reference to Canton Road, the keeper of which of some other person, or the real the actual facts of this case. The was Chan Sing. On June 11, when owner. His Lordship would be able deportee's reply would appear in plaintiff was at the godown and to find that inasmuch as the owner- sufficient. The officer would then was engaged in casual conversation ship of the property did not pass, direct the attention of the de- with Chan Bing, the latter remark in any way, from plaintiff, he would ported to the particular a seconded that, due to the removal of 'a be able to recover it from anybody. time. Heredirect attention large number of cases of glass, who had possession, means" direct his attention to there was plenty of room in the
room Defence Points.
something of which he had know. godown
fedge." The samo opuivocation As plaintiff knew he had not dis Mr. d'Almada argued that the occur if you restrict the Turposed of any great quantity of police seized the bulk of the goods ther reply to the case, where the glass, be made investigations, as a under warrant on the 12th, and deportee has happened in the first result of which it was found that when plaintiff demanded their re- reply to hit on some point in the the glass had been taken from the turn, defendant was not able to secret evidence.
Kad godown by a man who gave his comply because the police held the 3. It is quite clear that in this name as Wong On, on June 8, by goods. If a refusal to deliver up raade on the Superintendent ofcase questions were put which were means of a forged delivery order the goods was to be taken as erz prisans could have been amended potjustified on the construction of It appeared that Wong On call dence of conversion, it must be ed for the glass and produced a shown that the holder had power to read the Inspector General of the sub-section which I believe to Pallee.
be the correct construction. The delivery order which appeared to to deliver them up or to detain The Chief Justice hold that the officer may have asked them in all be regular, but it later turned out them, In the present case, defen Full Court had no power to give good faith in the supposed interests that he was assisted in the theft dant did not have that power. costs against the Crown in regard of the deportee, but they wore in by Yuen Hei Ting, an employce Mr. d'Almada further argued that to a habeas corpus application in proper Bach questions may result who went round the godowns check plaintiff was estopped by the neg
a case of extradition, but it was
in admissions which may ba daming. As it was absolutely necesligence of his godown kooper, Chan
not cloar whether the pcsition was ping. In Any Bae material evitary to get hold of the order aftor Sing, because a master was liable the same in a case of deportation. dence was in consequence put before the glass had been taken away, this for the negligence of his servant The point was reserved by their the Governor-in-Council which object was attained by Yuen whe if the act be committed during the Lordships EE, TEA
ought not to have been put before ad checker, was entitled to soc de course of his employment, to the | in Court adjourned total wat him; and they in my opinion, livery orders and by son of detriment or prejudice of an in- fonilay at 10 pm for Mr. Jen makes the deportation order bad, his job, it was possible that the nocenththird party. It was admit kin to argun on the validity of the just as material evidence impro loss might never have baça dis ted that, defendants were perfectly new deportation order in the case:perly admitted makes a conviction covered Consequently the order unoccat buyers was of the glass. of the male applicant."
could not be produced KEYNARO The caso Was'ndjourned)
bat
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