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HONG KONG DAILY PRESS, WEDNESDAY, SEPTEMBER 15, 1937.
APPEAL AGAINST DEATH
SENTENCE
Sequel To Murder Of Captain D.L. Campbell
In the Full Court of Criminal Appeal, before the Chief Justice. Sir Atholl MacGregor, the Pulsne Judge, Mr. Justice R. E, Lindsell, and Mr. Justice C. G. Alabaster yesterday, an appeal against the death sentence on Chung Chi-cheung, 22-year-old cabin boy who, on August 24, at the last Criminal Sessions, was found guilty of the murder of Captain D. L. Campbell, of the Chinese Maritime Customs Cruiser Cheung Kenz, was made on the grounds of the Chief Justice's finding that the Court had Jurisdiction to put Chung Chi-cheung on trial.
Appellant was represented by Messrs. H. C. Macnamara and George She on the Instructions of Messrs. G. K. Hall Brutton and Co., whilst Mr. John Whyatt, Assistant Attorney General, appear- ed for the Crown. Mr. John Murphy, Chief Detective Inspector, was also present for the Police.
Outlining the appeal, Mr. Mau- namara declared that the case would involve consideration of a rather novel point of International Law affecting the relations of Hong Kong and China,
QUESTION OF NATIONALITY Counsel declared, that accused had shot dead the Captain about a mile outside Fulaman Pass p January 11 while the vessel was proceeding from Chinese territory
”ན་
inter alia: "It has been conceded by Counsel on both sides that, for the purposes of consideration of the doctrine of immunity, the cruiser must be treated armed. Chinese vessel. There ap- pears to be no direct or construc- tive authority either judicial or juridical on the point.
as an
DOCTRINE OF IMMUNITY "The tendency of text book writers on International law would
to Hong Kong. Subsequently there appear to be, certainly in modern was a demand by the Chinese Gov-times, in the direction of explain- ernment for accused's extradition ing the doctrine of immunity as a but, after trial, he was discharged cordial and free willingness on the by the Magistrate who was satisfied part of one sovereign state as" a that accused was born in this Co- compliment to another sovereign lony though of parents whose na- state, to walve, part of its com- tionality was Chinese. The rejec-plete sovereignty. I am inclined tion of extradition had nothing to to the view that this is correct and do with the scene of the crime but the only logical way in which to was purely a question of national- regard the doctrine of immunity." Ity"
After accused was discharged he was immediately re-arrested and iater was tried at Criminal Ses- slons for murder at common law, No rellance was placed On any statute except insofar
the punishment was concerned..
"In this case we have a British subject dead and British sub- ject accused of murder. It is not necessary for me to decide the ex- tent of the immunity in such a case as this because I am satisfied that the Chief Officer's avowed intention was to make with all The case for the defence was speed for Hong Kong to get as- conducted by Mr. She and it wassistance. . . . . I am satisfied that mainly due to his help and the that amounts to a complete waiver training which Mr. She had of any rights of immunity there international
enabled may be. I must further hold the Counsel to prepare the appeal.walver is competent since there has The simple question before the been no attempt in seven months court was whether or not it had on the part of the Chinese. Govern- jurisdiction to try the accused and ment to assert a claim to im- the possibility of future charges munity." could be entirely ignored during the appeal.
law that
The appeal was based
on the Chief Justice's decision which read.
THEFT OF WIRE
Two men appeared before Mr. W. Schofield yesterday at the Central Magistracy and the pro- secution stated that one of the men who was the main culprit of the crime was a drug addict which had forced him to commit the theft.
The defendant Pang Ki, em- ployed at the Telephone Company. was charged with larceny of 50 yards of electric wire, while the second defendant, Chau Muf, was charged with receiving.
The first pleaded guilty to the offence while the second derled it stating that he did not know that the wire was stolen.
Sergeant Bentley outlined the case by saying that on Sept. 4 the second defendant was seen by a district watchman trying to sell some wire to a marine hawker. He was arrested and Mr. Skinner of the Telephone Company was asked to go and identify the wire. His Worship discharged the second defendant and bound the
first defendant over in the sum of $75 to be in good behavour for one
year.
OPIUM OFFENCE”
Appearing before Mr. Barnett at the Kowloon Magistracy yesterday Lam Koon Po, 25, unemployed was charged with possession of pre- pared opium and keeping an opium divan at No. 10 Kai Yan Road. first Boor on September 13. Six lamps, six pipes and 1 oz of optum were found in his posses- sion. Hla Worship imposed a fine of $25 or one month on the rst charge and $50 or two months on the second.
REGISTRY WEDDING
ANNOUNCEMENT
After legal argument in support of the Crown were submitted by Mr. John Whyatt, the hearing was adjourned till 11.45 a.m. to-day.
FRIEND TURNS
THIEF
PASSENGERS
Departures By Taiping
The following passengers de parted from Hong Kong per as Talping yesterday' for Australian ports vla Manila;---
Mr. A. Abadee, Mrs. M. Abadee, Mr. and Mrs. A. G. Acraman, Mr. R. Brand, Mr. F. P. Bolt, Mrs. J.. W. Bennett and two children, Mrs. E. S. Cribb, Mr. A. J. Coyne. M. W. Donnellan, Mrs. V. Dulckelt, Mr. C. Evans, Mrs. A. J. Foote, Miss B.. Gidlow, Mr. M. G. B. Gold- finch, Majer Harris. Master Harris, Mrs. Harris, and two children. Miss Houghton, Mr. and Mrs. G. Hanger. Mr. and Mrs. L Holzer. Mr. and Mrs. P. C. Jullian, Miss L Kelsall, Mr. and Mrs R. E. MUT- dock, Mrs. F. Miller, Mr. and Mrs. W. A. McLeod, Mr. and Mrs. S. D. Nell, Miss Neill, Lt. Col. and Mrs. W. A. Nunnelley, Mrs. O'Ryan, Mr. P. J. Quinn, Mr. Rose. Miss de Robeck Mr. and Mrs. J. P. Ryan, Mrs. G. M. Raphael, Miss A. M.. Schmidt, Mr. and Mrs. F. E. Stephens. Miss Stephens, Mr. Smithwick, Miss A. M. Tamkin. Mr. J. P. Wedgwood, Mr. S. Willing. Mr. and Mrs. S. E. Wilson. Miss Yandell,
POSSESSION OF HEROIN
Tam Hol, aged 28, appeared be- fore Mr. K. Keen yesterday at the Central Mgistracy charged with possession of seven ounces 01 heroin paste on August 6, at No. 9 LI Yuen Street.
Senior Revenue Officer A. W. Grimmitt conducted the case for the Crown while the defendant was represented by Mr. M. A. da Silva,
The defendant stated that on the day in question he was in Wanchal and a clansman told him that a friend of his was at the Central district. This clansman had instructed him to go' and meet him. When he arrived near the China Emporium an unknown male asked him to take a parcel to the above address, and when he got up the stairway somebody took the parcel of him and after examination he was arrested. AL this stage Mr. M. A. da Silva sub- mitted that if his client was guilty of the charge he would not have openly handed the parcel over to the Revenue Officers. The magis- trate registered a conviction and sentenced the defendant, to six months' imprisonment.
Described as being friends with
THEFT OF SILK one another, a youth, Lai Hong- keung, a clerk of the Seamen's F. Balfour yesterday at the Cen- Chui Fat appeared before Mr. S.
friend's suitcase with the contents Club. Canton, made off with histral Magistracy when he pleaded valued at $207. and a cheque for 3500 from the room in which they shared at Hotel. No. 260 Des Voeux Road in the Mel Chow
the early hours of Tuesday moru. ing.
The defendant was brought be: fore Mr. 8. F. Balfour at the Cen- charged with common larceny. He tral Magistracy yesterday and was
pleaded guilty.
and on
Sergeant Cashman said that the defendant and the plaintiff had been travelling together and re- turned from Macao on Monday evening. They retired at 2 a.m. Tuesday morning the plaintif found that the defendant and one of his suitcases missing. He went into the hall and asked a waiter who told him that the defendant left some time
were
guilty to a charge of obtaining, by false pretences, ten bales of raw slik valued $5,000 from the 8.3. Kwong Sai, and a consignee's. Jet-" ter in relation to the bales of silk. Au Ying and 11 others were Au Ying pleaded not guilty and charged with receiving the goods.
the charges against the others were withdrawn.
►
Sub-Inspector L. R. Whant sald that last Wednesday, ten bales of silk were shipped 'from Canton to the Yau Chung Co., of 19. New
Market Street, under a consignee's
cover. On the ship's arrival, a runner was sent to deliver the let- ter. First defendant was friend of the runner and offered to accom- pany him. The runner complained of being unwell and requested de- fendant to deliver the letter. Ac-
ago in the direction of one of the cused, however, took delivery of wharves. They proceeded to the the cargo and had the bales stored wharves after which they boarded at No. 97. Thompson Rond, first the s.8. Sui Tai where they found floor, where they were found by the defendant standing on
the Police after a report was the
made. deck with the suitcase by his side. As all the articles were recovered The case was adjourned til to- his Worship did not take a serious
day.
of three weeks' imprisonment was! view of the case and a sentence
passed.
CONSIGNMENT OF BULLION
EARRING THIEF CAUGHT
Lau Kwak Cheung, 30, unem- ployed was brought before Mr. E. Himsworth at the Kowloon Magis- tracy yesterday charged with lar- A further consignment of about ceny of a gold earring from Wong 5.000 boxes each containing 5,000 Ming, 43, widow, at Pel Ho-Street, pleces of Chinese allver dollars near Kilung Street on September arrived in the Colony yesterday 13.
by the Kowloon-Canton Railway.) Evidence was given by Detective and this is being sent to the Sergeant Nolan who stated various banks for safe custody. that at 4 p.m. on the date in ques-
It is understood-that-1,000-boxes- tion--complainant was - buying- were to be placed in the vaults of vegetables when defendant came The forthcoming wedding is an- the Chartered Bank and 500 boxes from behind and snatched her nounced between Mr. Hoytt Har- each to be kept in the French and earring valued at $10. On being well, chief engineer of the US.8. Chase Banks. It is also learned chased defendant threw it away} Asheville. and Mrs. Nadla Griffiths, that 3,000 more boxes are to be. His worship sentenced him to four of Royal Court Hotel, Observatory sent to the Hong Kong and months hard labour with, Road, Kowloon...
Shanghai Bank.
strokes of the cane.
12
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