“A CROWN SUBTERFUGE
COUNSEL'S VIGOROUS ATTACK ON
NEW DEPORTATION ORDER.
ALLEGES ELEVENTH HOUR MOVE TO CIRCUMVENT D'EFEAT.
Political and non-political grounds as to why a second deporte bion order made by the Governor-in-Council in the osso of the
refugee, was bad were placed by Mr. Jonkin before the Full Court at the continued hearing yesterday.
Counsel submitted": that the jasuo" of the second order was made at the eleventh-hour when the Crown were in the " death-thross,”-- and that it was a patent aubstitute to circumvent certain and Imminent defents for sale
A new adidavit led by the applicant stated that the object of the Hong Kong Government in taking proceedings.to deport him was to secure his surrender to the French authorities of Indo China, where his offence was punishable by deas
́SHAM UNDER CLOAK OF DEPORTATION."
Mr. F. C. Jenkin, instructed by
(e) Tho order was not made at
事
HONG KONG DAILY PRESS TUESDAY, AUGUST
Avoiding Court Proceed Elaborating his fourth point, Mr. Jenkin said that if extr
tion pro cecdings had been carried through. and the applicant had been dis charged, the Governor was debarred from sending the man to the ro quisitioning,territory....... The , claim: now made that the Crown were entitled to send him to a place which had asked, for his extradition, counsel submitted, was a subterfuge to avoid the currying of the pro- ceedings through Court,
דיף
HONG KONG STOCK CORRESPONDENCE,
MARKET.
YESTERDAY'S TRANSAC-
TIONS.
All letters intended for publi. cation must be scoumpanied by the name and address of the writer Hot for publication, unlear to denred, but or evidence of good faith.--ED
ICE HOUSE STREET.
FIRINGO DAILY FRESH.
The Stock Market was steady yesterday morning and there was a demand for most stocks.
Banks were the medium of sales To TEX EDITOR OF THE ** HONG KONG'
$2,040, wero, Bank of East in at $134.80 Underwriters were done at 30. ..... There were sellors, að Douglasen. at $24, but without business.
Wharves were transacted at $169
Providenta were recorded at Saturday's rates.
Dealing with non-political pointy, Mr. Jenkin said that the Governor in-Council had power to make one deportation order only against and Hotels changed bands at #17.48, named peflon with the exceptionallers asking $17:15, and at the Prekes pigem era poder pen sädelen close, there were buyers..nt: $17.50% that in could maco, & further order for the now share $10,75 was bid if bad person was found in the but allers wanted #17.10 and thero Colony after the expiration of the The ho sale to report term- of banishment. There could not be two orders in existence at the same time against the same person and for the same purpose. There was no jurisdiction to issue a second order until the first order had been discharged. Assuming that the first order had bana dis
ན་ པ་་
Mr. FH Loseby, of Messrs. Russ duly convened or constituted moet-charged, the man could not be re- & Co., is applying before the Chiofing of the Governor-in-Council Jusion (Sir Joseph Kemp) and the (1) Tito, improper interrogation by Puise Judge (Mr. Justice Lindsoll)the Secretariat for Chinosn Affairs for a writ of habeas corpus order niei invalidates the second order as well on behalf of Sung Man Cho, who is as the first. alleged to be an Annamite revola-
Mr. Jenkin added that he was tionary leader wanted by the French muth obliged to their Lordships for Government of Indo-China, and taking down the points so carefully whoso deportation has been order-in caso a matter of this moment ed by a French vestol. The Attor ney-General (the Hon. Mr. C G. Alabaster, K.C.) is opposing the application
Presenting his arguments, Mr Jenkin said that he would first of all make a summary of the points under two heads, political and non- political, and he enumerated them mafollows:te
1.-The Courts have jurisdiction to prevent the misuse of Executive power. This argument will apply to both deportation, orders, which I shall call numbers one and two. The orders are invalid as
might have to go elsewhere. In the course of quoting authorities, Counsel aubmitted that the Courts would jealously guard the rights of political offenders who were living within the protection of our laws, whatever their nationality, and would prevent mis-use of Exe- sutive power.
Political Offences.
In dealing with the deportation 1005 there was no power to deport laws, Mr. Jenkin said that up to any person. There were on the Statute books a few cases for ex pulsion, but the rights for expulsion were treated as non-existent. In 1000, by the Aliens Act of that year, the Imperial Parliament revived the powers of expulaion, but it was important to note that they put on the Act a prohibition for expulsión of any person for a political offence, thereby perpetuating, as Lord Clarendon when British Foreign Minister declared, that no consideration on earth could induce. the British Parliament to pass: a law for extradition of political prisoners, TENTANG
arrested after a successful applica tion by writ of habeas corpus.
Counsel continued that the second order was made on Saturday, August, 18, at the eleventh hour when it was realised that the man would be discharged. That could pot place the Crown in a better position by the employment of that subterfuge. If the man was arrest ed upon the same cause or pretext the second time, then that second arrest was illegal.
Abuse of Power,"
The Ordinance allowed the Governor-in-Connell to make "a ...“ summary order in a special cass If he deemed it to be conducirs to the public good. That must be the sole motive in making the order. If the Governor-in- Council was not moved by any considerations at all, then the making of that order was an abuse of power. Comsel sub
mitted that it was an order:
made on Saturday,
day, August 15,
when the Drown were in their death-throes in regard to the last order, and that the second order was a patent substituts to circumvent their certain and imminent defeat. Proceeding to deal with the powers of the Governor-in-Council, Mr. Jenkin referred to the instruc
Lands were dealt in at 8001, but buyers were offering, this figure, at the end post ha
Shanghai Lands were in demand Bt1841, but nothing passed.
Beatles were wanted at $17.20, but nothing was realised.,
Kwon wore put through at the and Tis. 15.60. Buyers at T 18.50 improved quotations of Tis 15,20 were unable to obtain sbaros.
There were buyers of Trans at $3180: who could not connect
China lights were in strong de
Sin, wonder if the daily con gestion of Ics House Street between Queen's Road and Des Vosur Road has ever come to the attention either of the polico or the “ Powers Thất Ho." Rickshawa a are parked thors at all hours of the day and crowds gather to such an extent that it is imposible to use the roadway for traffic purposes.T
I have never seen such obstruction allowed in any oity or township.. In any other place, if such a con- dition arose the police would at once alear the way, It is a shame that any public throughfare should he reserved for any one class of citizens, no matter who they are. Uf course if Hong Kong is keeping Ice House street as a bit of local colour, or to show how prosperous and busy our fair city is, that is amatter of high policy for the Canton Kess were wanted at 86.10, Government to decide But if we but the rate did not lead to busi- are to keep our only hit of local ments (combined) were negocoleur let us bar the comunion tinted at 820.25, and at the close herd from the use of the street in buyers were offering: $20.20, but question.-Yours, etc., failed to get shares.
mand at $29.10.
Telephones (fully paid) were in demand at $47, but no shares came
out..
Hong Kong Ropes changed hands at 21.40 and $21.46, and there were still buyers at 821.30,
Constructions were disposed of at
813.20.
There were sellers of Government Loan at 5 per cent, premjum..
Afternoon's Transactions,
In the afternoon the market was firm. Prices advanced in several directions, especially in Tramin, China Lights, Gements, Ropes and Realties. The following are the changes
PEDESTRIAN.
Hong Kong, August 24.
THE COMING CRICKET SEASON.
[TO THE EDITOR OF THE HONG KONG
DAILY.
SIR-As the cricket season is inst approaching, it would not be out of Blogs place if I made the following Banks again changed hands, at suggestion through the medium of the morning rate of $2,040.
Providents had sellers at the your valuable paper in the hope slightly reduced quotation of $8.10. that it will catch the e
Hotels (old) could have been ob- oficials of the local Cricket Lengt tained at #17.05, but buyers did not go higher than $17.50
I have followed local, cricket very Humphreys (old) were put closely for many years and the through at $221
Hong Kong Realties at the ad vanced price of 817.50 changed handa, per did
abuse of powers conferred upon the local Executive. Each order is a sham in that, under the cloak of deportation, the Exe cutive is In truth, attempting to surrender the applicant to the French Authorities for an offence of a political character. s-Even if the orders themselves are valid in that, on their face, they do not disclose the duplicity, the While in a case, previously quot subsequent shipping orders-te uesed, it was not clear that the person that phrase comprehensively-of the concerned was a political offender,. Governor, that applicant shall be it was clear in the case of Sung tions, laying it down that the Exe-had been at 821.00. abipped on a French ship bound for Indo-China, are invalid and mask ing an illegality,
3-(a) The object of the Do- portation Ordinance is deportation pure and simple-the getting out of the Colony of any unwelcome guests.
Man Cho from the interrogations eative Council had to be duly con by the S.C.A. official, whom afff- davit counsel proceeded to read, that the applicant was an Annamite revolutionary leader.
Punishable by Death, The new affidavit filed by the (b)-If there is any provision in applicant before the day's proceed. the Deportation Ordinance capableng was then read by counsel. It of the interpretation, that it allows this course of conduct on the part. of the Executive, it is wholly void. and inoperative by reason of the Colonial Laws Validity Act, 1883. In Condict With Imperial Acta. (c.)The reason for this is that ifch a provision exists it is in direct conflict with the Imperial Extradition Acts, which are part and parcel of the laws of this Colony, and binding on the Exoct-
Ewo were transacted at: The 15 and at Tls 16.60, but there were buyers at the former rate who had to remain unsatisfied. ⠀
Zoong Sings advanced to a buy- ing figure of 812, but this quota- tion did not lead to business and it was reported that business Trams were in demand at $21.85,
China' Lights were again a strong vened with a quorum of three mem-market Sales were put through it bors Instruction 8 stated that the and there were still buyers at rates ranging from 828,10 to $28:50,
Governor should attend and pre- $23.25. side unless prevented owing to ill- nose or other grave cause?
Mr. Jenkin said that he was
contained the following statement: quite in the dark and did not know "I am 36 years of age. I was what happened in Government born at Tong Hing City in the circles in August 15. The Attorney Province of Kwangtung, China.
"I have been closely identified General had stated that the order with the revolutionary movement was made and served on that day. in Annam and Indo-China gen- erally, which movement has for Counsel added: "We have been its object the overthrow of all Invoured under the present regime French Governmental authority with what one might call a Court there, which is supreme, and to substitute therefor a National Circular, which one peruses with a Government under native antho varying degree of interest every
rity. I was actively engaged in Monday morning, and it states that (d)-Those latter Acts, in the this movement for some time mest express terms, forbid such a prior to the date of my arrcat in the Governor presided over a meet- course as is now being taken by Hong Kong on June 6, 1031ing of the Executive Council. Ons the Executive in sending the ap. To take part in such a move, finds difficulty in finding" that a plicant to Indo-Ching for an offencement is to be guilty, according meeting took place on that Batur of a political character.
to Buch Governmental authority, day, and if they tried to hold one 44.The proviso to section six of of an offence warranting punish- they would have found difficulty in the Deportation: Ordinance cannot mont by death,
gotting a quorum:
A USE Avail the Executive, although it ́is argued here by the Crown that it expressly permits; tho" proposed. course to be validly taken, except
when extradition proceedings have
been actually commenced and re- sulted in a discharge. Nerve
** 5 --The second order is bad as is everything done under it because): (a) after:issuing the first order the Executive exhausted its power to
issue any further deportation order against this applitant at the pre]" sent period, a tenden
(b) The incond order was issued during the currency of the first Corderline There cannot be two separate orders outstanding at the same time for the same purpose...
Inm wasted by the, French. authorities, in Indo-China for this offence..
Ab" my third interview with the Assistant Secretary for Chi neo. Affairs, he told me that the petition, referred to in paragraph- 6 of my affirmation, sworn on the
The Attorney-General being tem- pararily, absent from the Court, the Chief Justios pointed out that the matter could be explained on his return. Mr. Jenkin agreed and proceeded to his last point
Improper Interrogation.
Telephones (part paidy improved to a buying quotation of $33.25, but. this did not procure shares..
Comenta were in demand at 2040, with sollers asking $20.50. done at $20.40 and $20.60. Sales were reported to have been Hong Kong Ropes, which were the medium of sales at $21.50, were Dairy Tarm vere dealt in at in demand at $21.35.
$32.45, and at the close buyers were offering $32.25..
there were still buyers at this rate.
Watsons were done at $16.60, but
Government Loan stock was trans- acted at 51 per cent. premium.
MONEY BY FALSE PRETENCES.
DOUGLAS GIFFORD GETS SIX MONTHS' HARD.
T
of the
report of the Cricket League always interests me. Unless I am mis taken, they (the League) have a balance of some 2900 on the right side, and as there seems to be o immediate need for this money, it would be a good idea if the League were to hire one of the many. Cricket Instructional films that are being shown to the different Clubs
various Clubs and Schools here, and Schools in England. Buch filing could be hired out to the
and, in this way, the initial out ny would soon be met. Cricketers in Hong Kong, especially school. through the lack of coaches and the boys,gara. badly handicapped film would make a very good make. shift coach
Another point I would like to bring up is the lack of representa tive matches for players in the sound division of the league. Year in and year out,Combined the let division teams while e League matches are arranged for juniors are sadly neglected. Can- season? Yours, etc. not something be done for them this
#VERY KEEN."
Hong Kong, August. 24.
GANGSTERS OR HOAX.
THREATENING LETTER TO CANTON DOCTOR.
Considerable stir was caused on Saturday in certain quarters at Canton when it became known that Dr. Wong Hang Tong, a well- known medical practioner, had re ceived a letter purporting to coms Before Mr EW Hamilton ated the sum of one thousand dokari from s bandit gang which demand. Kowloon Magistracy Vesterday in Hong Kong currency to be paid Douglas Gifford pleaded guilty to by him on the twenty afth of the four, charges of obtaining money. by falss, pretences. Defendant was present month po Dealing with the interrogation of sentenced to terms, totalling sixed the methods employed by cer
The bandits seem to have adopt- tha applicant at the Secretariat for months' hard labour. Chinese Affairs, Mr. Jerkin" said Inspector Fallen who presécutain American gangster, for they that he would put it to their Lorded, said that the defendant had implied in the letter that one of ships that if the improper inter two previous convictions. His brotheir members would meet the i rogation of Sung Man Cho which ther and sister were in Hong Kong doctor, or his representative, at a be favourable for your defence, that Court, had already upheld, re but they would have nothing to do certain spot on the Chungshan sulted in the " Governor-in-Council with him.site lodhjes de voy Road, and that the gang member having before him, and having it. The changes were (1) cbtaining a prior to making the second order, sum of 83 from a woman named material which should never have Kwan-fun, at Nga Tau village, by been put before Him, that nimit în pretending, that he wensinupolico validate the second order as well as, and stying that if the pom as the first. He (Mr. Jenkin) did not pay him thin sum she would, would put it to their Lordships with have to pull down certain pig-sties
14th August, 1931, was undeniable proof that I was Nguyên Ai Quoc and that the best advice he could give me and the best thing could do was to admit that I was the man. He said, 'It will
At the same interview the same official showed me a new paper cutting reporting an item from foreign newspaper that although extradition for alipoli Subterte ge...
gical aftens ontrer, to mr national law the Hong Kong Government could hand Nguyen
(0) The issus, of the mpcond order, batore - instead of after, the ap pilcant's discharge on the first order, is a subterfuge to avoid the pițiali: 02, again, arrosting, "for]:the "same cause, §. person discharged on habens, corgnise in us no sepatu - (d). The ascond order can be mado only if the Govarrior-in- Council confides, ft sonducive to the † public good" and by a special date. Thổ) making of a second order was not impelled by any such considers tions.
would be wearing a fresh rose in his buttonhole. The time for the meeting was fixed, together with injunctions as to what would bafall. the doctor if he filled to comply with the request. Some people are inclined to think it myhoax or s fake especially when it became known that the bandits had signed the missive by the high sounding title of 4* The Hound the Work Chevalier of the Youthi Co-opers ing, of Taitive Society of the Houublic of dilar Chinaša | However 3D Vong bas
Ai Quoo to the French by send some confidence that it was not (2) obtaining a sum of the from ing him on board a French conceivable that the Governor in- Kong Chun at Shek Ku Líng vh-, steamier, Hel fold me that is Council on Saturday") (August 15)| Inge by similar means, pretending what we will do dirtingal obliterated from the mind every that he was a Sanitary Depart rug The true, object of the Hong thing which had gone before and ment officer. (3) obtaining a sum | Kong Government in taking pro- started de novo and as though no of 32 from Cheng,
ceedings to deport me is to sccurs inquiry, had taken place: viIfi the Yat. Ho
material, vilistor the first order ir) ** must vitiate the second
- my surrender to the French inthe
ritics of indot Chine in order that
I may be dealt with by such as Johkin had closed his argu2, and
olence.
tiba for the aforesaid
ments when the Court adjedmed Leung until this morning.
"place
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