THE HONGKONG TELEGRAPH WEDNESDAY JANUARY 12 101o
much avail. Then Chao Chán states that being in regard to the express and specific words
used in our Ordinance-Nor do I think the contenilen put forward in the argument of Bir in the local Ordinance means “ subject to the Henry Berkeley that the word 'subject * used jurisdiclica of China so as to bring it within the reasoning of the judgment which I have cited can be sustained. In regard to Wong Ka Cheong's case already referred to the evidence adduced in support of the prisoner's nationality was obviously, as appears in the judgment, very different, to the evidence in this case, and the learned Chief Justice found that there was "a. established before the Magistrate which in my good prima facie case of Chinese nationality judgment is not the case here, and he com the priscaar.
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NOTICE TO CONSIGNEES. S.S. WELSH PRINCE," FROM NEW YORK. “ONSIGNEES of Cargo by the above named vessel are hereby informed that
Godown Co., Limited, Kowloon, whence de- all Goods are being landed at their risk into the hazardous and/or extra baxardous GodownS of the Hongkong and Kowloon Wharf and livery may be obtained.
from the Crown Solicitor's office, ap. Crown and the Chinese Government raly and manted on the fact that it was not rebutted by 'TOTICE is hereby given that the NINTH All broken, chafed, and damaged Goods are
SUN A WAN'S EXTRADITION:
had known the prisoner aluco 1903, that he was INTERESTING JUDGMENTS BY TULL COURT, engaged to take uses to his muster, that he saw Before a Fall Court, consisting of Hou, W. further stated that in roog was the first time he him in 1994 and once again in 1905 and he Rear-Davies, K.O., Acting Chief Justice, and saw him and that he beard in the country that Mr. Justice Gomper z Tulina judge, the can be was a robber and a thief. Another witness, was resumed, ibis morning in which Mr. Ho Lit, said he did not know what" part Blada moved for a rule miel to be directed of the country the prisoner came from, to the Captain Superintendant of Police and by the word "country" we are asked to show cause why Sun A War, a prisonero imply it in China, which is probably obviona, at the Victoria Giol, should not be dis but the fact in itself does not establish his charged. Mr. Slade, instructed by Mr. O.to
Chibere nationality, as there are numerous Kong Siog, represented the prisoner The Attorney-General, assisted by Mr. C. G. Al-Territories who are British subjects. I have Chinese in Colos, Hongkong and the New abarlar, instructed by Mr. F. B. L. Bowley, seferred to all the evidence upon which the peared for the Crown and Sir Henry Bet I am clearly of opinion that there was a heley, XC instructed by Mr. H. L. Danny direct evidence before the Magistrate of cation Crown Saliciter, represented the Chinese ality. But then it is contended it is not Government. It will be remembered that at necessary to prove the prisoner's nation the last sitting of the Full Conit in con-ally when it is not challenged by him section with the above matter, the point was and, furiber, that the rxited whether the Chinese Government, repre-the prisoner to show he is not a subject of ocus is placed on sented by Counsel, bad the right of audiencer China and that if there is prima facie evidence and their Lordships at the time held that they of Chinese nationality it is for the prisoner to had before them adiect precedent for the Chi-
show that havis not of Chinese nationality. In Bese: Government, being represented in that support of this contention of Reg. v. Gabe g Court, and without in any way endeavouring locriticise or set aside the decision of the learned Chief Justice in the case stated they wire disposed to hear Sir Heory on behalf of the Chinese Government and to consider the point raised by Mr. Slade röd give more fully their reasons for the course they had decided to adopt in a judgment which would subse
ORDINARY MEETING of SHARE.
HOLDERS in this Company will be held at the Company's Offices, Victoria Buildings, on o'clock A.M. for the purpose of receiving the TUESDAY, the asth January, 1910, at 11.10
December, 1909. Report of the Directors together with a State- of"Accounts for the year ending 31st.
axamined a the 18th instant, at 7.30 P.M. have left the Godowns, and all Goods remain- ing undelivered after the ath instant, will be No Claims will be admitted after the Goods
subject to rent.
to be left in the Godowns, where they will be
All Claims against the Steamer must be presented to the Undersigned on or before the
instant, or they will not be recognised, No Fire Insurance has been effected.
ARNHOLD KARBERG & Co... Agents. Hongkong, rath January, 1910. [toz
The REGISTER or SHARES of the Com-and
(both days inclusive), during which period no any will be CLOSED from WEDNESDAY, roth January, to TUESDAY, 35th January transfer of Shares can be registered,
By Order of the Board of Directors,
MOWBRAY S, NORTHCOTE,
Secretary. Hongkong, 12th January, 1910
in the present case having regard to the con. auction I place on the evidence would have A rebuttal by the prisoner
been unnecessary. We were referred by Mr.
words of the Ordinance which require in my Alabaster to certain general principles in Taylor
judgment direct evidence of proof they are not bo Evidence bat having regard to the expressment
regard to the conclusion at which have arrived I think germane to the point at issue. Having
D. page 93 was relied upon. That is a case which had regard to an extradition trasty the other point as to the production of the on the first contention pit forward in boþalf of between the United Kingdom and the Nether foreign warrant or its equivalent before the the prisoner it becomes unnecessary to decide lands and provided inter alia that the respective Magistrate here, but speaking generally I adopt diplomatic agents of both countries should the argument of the learned Attorney General deliver up to each other reciprocally any persoas accused or convicted of any of the ex-discriminating between the requirements of the as to the intention of the legislature in expressly tradition crimes committed within the jurisdic-Imperial Act and those required in the local tion of the requiring party, whs should be found Ordinance in my opinion the rule must be word subjects" was defined in the frosty as within the territories of the other party. The including not only naturalised citizens of the country but also such foreigners es" according to the laws of either of the contracting partics are assimilated to subjects. It was contended in that case that the prisoner being a naturalis, ed subject of the U. S. A. was not amenable to (1) That no foreigo warrant or its equivalent of the argument; Mr. Baron Pollack remarked: The treaty and should be teadited. In the course was produced b.fore the Magistrate.
quently be delivere".
THE CHIEF JUSTICE'S JUDGMENT.
The Chief Justice, in delivering His jadament, said-A rule nisi fer á writ of habeas corpus was granted in this case and this is a motion to make the rule absolute Mr. Slade, on keball of the prisoner, bases the applicatieb. on two grounds:
(1) That there is no proof that the prisoner is a subject of Chi
44
And in his judgment ho said : --
mada abro!ute,
PUBLIC AUCTION.
(100
THE Undersigned have received instructions from The Superintendent of Imports
and Exports to sell by PUBLIC AUCTION,
*
SATURDAY,
Police Station, Kowloon, 99 Jars SPIRITS OF WINE.
·TIRME |--AS usual.
HUGHES & HOUGH,
Government Auctioneers,
̧¡ Hongkong, lilh january, torn
1101
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subject of China. I will deal first with this point. made to the District Magistrate. The only hazardous andfor extra bazardous Godowns ofE VALUE of the HONGKONG-
FUISNE 'JUDGE'S DECISION. The Fuisna Jodge said:-This was m motion to make absolute a rula miti grant. ed by the Chief Justice calling upon the the 15th January, 19iq, al 11.&M, at the Water Crown to show cause why Sun A Was alias Fa Ming, who had been committed to Victoria the Chinose Extradition Ordinance, 1829, should Goal as a fagitiva criminal under section to of The proceedings are governed by the Chi- the subject of the country in which he commits two grounds on which Mr. Slade bated bis Must not a man be taken prima facin to be not be discharged from custody, "There were nere Extradition Ordinance, 1829 (Ordinance the offence at the time of so commiting it, and argument that the fugitivs criminal should be 7 of 188). The term "fugitive climinat" does it moi lie on him to shew the contrary?discharged. The first was, shortly, that the is common. bob to The Imperial Statule Does it follow that becausó a man is a natural words fugitive criminal as defised by section a Tre Extradition Act, 1970 and to the localised subject of the United States he may pot of the Ordinance are limited to a subject of Ordinanco referred to, but the interpretation for this purpose be a subject of the Nefter Chica: add that there was no evidence before placed on the term differs; for in the Imperial fands?" Act nationality is relevant in ordinary cases,
the Magistrate to show that the prisoner was a whereas in the local Ordinance the fugitive camioal, must, be a subject of China." Sec- tion 2 of the Chinese Extradition Ordinance de finss" Fugitive Criminal" as follows:-'Fugi tive Criminal' means any subject of- China' accused of an ex'radition. crime committed within the jurisdiction of China" of on board a Chinese ship on the high teas, who ji br is sus pected of being in Hongkong or on board a British ship there. And the same expression is used in the Treaty of Tier sin. Article XXI. reads as follow:--"11, criminala, subjects of Chica, shall take refuge in.Haugkong or os board the Betish ships there; they shall, upou due requisition by the Chinese authorities, bo searched for, and, on proof of their guilt, be delivered up. It in. clear, therefore, that it man be proved in the proceedings that the| person accused is a subject of China and I agree with the learned Chief Justice, Sir Francis Piggott, in the c.te cited (ra Wong Ka Cheong 1, H.X.L.R. 13) that "there must be some din er evidence before the Magis trate of nationality," In that case the leatoed Chief Justice said ime
"It must appear in some way or other from the preceedings that the prisoner is a subjeci of Chios, for otherwise the requirements of the law would not be com. plied with It must be shewe; it cannot be assumed. Neither a Chiners come, nor the wearing of Chinese dress would be sufficient, for the prisoner may have been bein in Hongkong and so, British subject, and a troublesome question as to the con- sequence of double nationality in respect
of extradition might prhaps arise. There must therefore be some direct evidence before the Magistrate of nationality." The question, therefore, which we have to decide in Was there any direct evidence -bo. fore the Magistrate that the accused was a subject of Chine? In my opicion there was not. It was contended by the Crown and by Sir Henry Bakeley on behalf of the Chiness' Government: (1) that it is not necessary for ibe Crown to prove the fact when it is not challenged by the prisoner and that it. lies onl bim to show the contrary; onď ́(1) alternatively, that there is abundant ; sima facie evidence to show that the prisoner is a subject of China. In regard to the evidence' we were referred to the charge sheet ard to the order of His Ex- cellency the Governor upos which the Magis trate's warrant issued in which the accused was described as "Sun A Wan late of the Wai Chow Prefecture in the Empire of China," and further, to the police evidence that the prisoner was ar- tested and brought before the Court by virtue of the warrant. As to this I do not think it can be contended with any show of authority that the facts alleged in the order or warrant (these docaments are in the form prescribed by the Ordinance) is evidence of such facia any mors thao that the allegations in an indictment are evidence of the facts alleged. Then what is the other evidence relied upon? Sul Fuk says he reported the robbery to the Kwai Sin Vo (i, the District Magistrate) that he had known the prisoner previously on the 6th or oth moon of the same year (1.6, 1908) that he had been coming and going in Aị Pi ̧ village frequently Kid, when the alleged robbery took place). In
Two points are made on behalf of the prisoner which are of importance as in-
It was costended for the Crown (1) That it is volving a matter of principle affecting the deficitely the nationality of the prisoner, (2) not at all necessary for the Grown to prove liberty of the subject. The first of them is this; it is said that the prisoner is not-
That at guy'rate this is unnecessary where the subject to the extradition law an existing prisoner himself does not set up that he is between this country and the Netherlands, not a Chiunte subject. (3) And that there was by reason of his not being a subject of the before the Magie rate abundant prima facie Netherlands. It is said that the evidence evidence that prisoner was a Chinese subject. before the magistrate'sbewed him to be a Haluralised subject of the United States,
Now as to the first point wa wara refeired to and this evidence was also supplemented Biron and Chalmers on Extradition page 16 by an affidavi, stating that not only bas the prisoner been paturalised in the Unit
and to the case of R. v. Ganz 9.. Q.B.D. 93. ed States, but that also there is no reason
There is no doubt of the correctness of the to believe that he was b. ro in the Nether proposition that aader the Imperial Act a lands-on the contrary, it says that he has fugitive criminal may be a subject of a third reason to believe that he was boin is a State, who has committed an offence in a city in Hungary. Therefore it is contend-foreign country and then fled to the British ed that the Extradition Treaty between dominions. la R. v. Gaoz it was, however, this country nad the Netherlands does not
have left the Godowns, and all Goods remain- No Claims will be admitted after the,Goods ing undelivered after the 19th of January,
will be subject to rent.
to be left in the Godowas, where they will be examined on the 19th of January, at 9:3b &M,
All broken, chafed, and damaged. Goods are
January, 1910, or they will not be recognized.
All claims must reach us before the azid of
No Fire Insurance will be effected..
T
of the United States Mint for three months to AMERICAN GOLD CURRENCY. end_March 31st, 1910, in 404 in terms of
DOLLAR proclaimed by the Director
Consular Fest for the quarter ending March 31st, 1910, will be as follows ; .
Invoica ERFORMER amin.$ 6.35 Extra Copy of Invoice
***** *2.50 · Landing Certificate
6,25 Bill of Health
Magistrate. But even if an accusation in
Statule are sufficiently met by proof that a roof Opium, Treasure and Valuables, are being China be necessary under the Ordinance it
*PRINZ EITEL FRIEDRICH,” seems to me that the requirements of the informed that their goods; with the exception having arrived, unsignces of Cargo are hereby port accusing the prisoner of the crime was landed and itored at their risk into the (THE other question to be considered is the position the Hongkong and Kowloon Whan and Go proceedings are pending before the Courts obtained. of a Farajgo Government when Extradition Point Godowas, whonon delivery may be down Company, Limited, Kowloon, and West whether in fact the Foreign Government can' claim to participate by Counsel. Sir Francie Piggott in his very learned and very careful judgment delivered on May agih, 1905, in Wong Ka Chong's case H.K.L.R. at p. intimated that a Foreign Government had no locas standi in Extradition proceedings. The. learned Chief Justice had not before him in that case 'precedent which was produced to Full Court of Hongkong: Russell C. J. and us: the case of Leung Ah Fu, heard by the.
peared for the Chinese Government. Nor was there cited to hima Castiani's cavo 1891, 1, Q.H, Leach J. in 1887 when Mr. Francia; Q: O., ap-
147 in which the English Solicitor-General ap peared for the Swish Government before the Divisional Court. It is noticeable that the pr der nisi in that case called upon both the Switzerland to show cause. Whether or not the Police Magistrate and the Consul-General for learned Chief Justice would have modified the opinion he expressed, in Wong KaCheong's case, THE ONLY FIRST-CLASS SHOW IN THE COLONY.
apply, and that the prisoner cannot be given up to the Government of the Netherlands. This matter, no doubt, depends not only on the English Statute but also on the terms of the treaty; but before alluding to the treaty i would say that the leading prin ciple which underlies all questions of nationality as applied to crime committed within any particular country, is, this, Whatever rights, civil or otherwise, a map may have which may be affected by his domicile, it is and must be perfectly clear by the law of all nations that each person who is willin the jurisdiction of the par tular country in which he commits cime is subject to that jurisdiction; other. wils the criminal law could not be adments provided to the contrary. Now the design that withpat deciding the question at larg
argued for the prisoner that as the demand for extradition must under article XI of the Treaty between Great Britain and the State applying for rendition, be made by the diplomatic agent, of his (the criminal's) country the intention was clearly manifested that the subject of a third Government, not a party to the Treaty, wai not to be surrendered. Tas Court answered that any person committing a crime within the had these important precedents bien brought Jardiction of a country was pro tanto a sub-to his notice it is not worth while now to con ject of that country which becams for the sider. The Attorney-GeneralforibeCrows raised purposes of the Act his country which could demand his extradition unless treaty arrange- represented and we determined on this occa no objection to the Chiasse Garamant being
ministered according to any civilised
method.
cision of the Court in that case referred specially to and obviously turned directly on the very
would hear Sir Heary Berkeley. In the event of the question being raised again we
undersigned,
Bills of Lading will be countersigned by the
NORDDEUTSCHER LLOYD
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Hongkong, rath January, 1977.
17
Supplemostel Bill of Hezith das Hongkong Currency only is accepted in payment of fees at this Consulate-Ġeneral.. The Invoice Clerk is forbidden to accept any Chinese Coin whatever or accept Hongkong Fractional Coin In 'amounts of oras $2.00 at one time,
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10 us the very general language of the first general language of the definition in the Extra should requite a fuller argument on the point WYNDHAM (FLOWER) STREET, opposite G. P. O.
·
than was possible on this occasion.
Mr. Slade applied for costs against the Chinese Government.
given against the Chinese Government. "It Sir Haary submitted that as costs could be was only a question between the party and the CIOWA.
..
The Paine Judge (To Mr. Slade)-Have you any authority for that?
The Attorney-General has pointed out and third sticles of the treaty. "The first
dition Act.. Ibal Act was passed to give effect att cle runs thus-It is agreed that bor to the provisions of Treaties made or to ba Britannic Majesty and his Majesty the King made with the British Government by Foreigo oftbo Netherlands shall, on requisition mada rowers. The subject of Chiness Extradition In in their name by their respective diplomatic this Colony in of course governed by the Chinese agents, deliver up to each other recipro cally any persons who, being accused or
Extradition Act, aBoy, which was passed to give convicted of any of the crimes thereinafter effect to Article XX of the Treaty of Tientsic. specified committed within the jurisdiction of the requiring party, shall be found criminal" is defined as measing "aar subject I'vened in a case of that kind, he was under tha
In the local Ordinance the term "fugitive within the territories of the other party
Me. Slade contended that if any party inter. Here it is accrrding to all ordinary rules of China accused" etc."
The difference beJurisdiction of the Coun. that one would expect find any limite-tween the language of section of the local tion with respect to the character or status Ordinance and section 35 of the Imperial Act of the persons who are to be given up, Not only are the most general words used,
is very significant, and it seeme to me clear viz, "any persons," but the article goes on that section 2 of the Ordinance constitutes it a and refers to their being perrons accused condition precedent to the jurisdiction of the or conv'c'ed' of crime committed within Magistrate to commit, that the prisoner should the jurisdiction of the equiliog party, clearly showing that the definition of the
be proved to be actually of Chinese nationality. persons to be delivered op is any person
This being so, the burden of proof must of who commits eas of the specified crimes
course be as the Crown to establish that fact within such jurisdiction. Then when we by affirmative evidence. It is not for the come to the third article of the treaty there prisoner to raise the point and by not doing sc is an express definition of what is meant by he is not debarred from taking the objection the word "subject." It'ia to include not only paralised citizens of the country ROW. We were referred to the judgment of but also such foreigners as sccording Sir Francis Pigguit in Wong Ka Cheong's to the laws of either of the contracting case i, H.K.LR. st. pago 24. The learned parties, are ass milated to subjects as wall Chief Justice having reviewed the evidence in ns such foreigners who, being, domiciled-
in the country and having married a thatcase concludes: "Lastly, and most material, Citizen thereof have one or more children is ike fact that the prisoner did not tender any by that matinge born there The first part evidence to show that he was not a Chinese sub- tends to shew that the person who is assimil foc Bas this must be read together with the ated to a subject must be so in respect to
Mr. Blade-Your Lordship is asking me the question off-kaed.
Further, consideration of the question was deferred.
Events Coming.
Thursday, 13th January.
1.
Machines and Leather Beltings etc., at No. 82, Gea. P. Lammest, auction sale of Cigarette Prays East, 11 am.
His Excellency the Governor, at noon.
Balilios Public School prize distribution, by
p.139
Friday, 14th Jandery. Water Police Station Smoking Concert, 8.30
Saturday 15th January, ‚· Chink Light and Power Co., Ltd.,' Extraordi
oral meeting at the offices of Mears, Shewan Tomes & Co., Ito'clock.
the subject matter with which the treaty is wordsimmediately following: "I think there was dealing, vix, the criminal law. It is clear a good prima facie case of Chlonsa patlocality Day that a person who commits a crime within before the Magistrate-and the prisoner did a particular lotritory, for ell purposes con.. nected with that crime, is regarded as as: balore as I fal y sgres with my learned brother noi rebut this in any way." Now in the' casa similated to a subject.*
Hughes and Hough, auction sale of the
Monday, 17th January, It will be seen that in that case the words that there is not even 'a prima facie case of Steam launch Pelican, at the Kowloon What!
cross-examination, he said that he bad never | used in the treaty “any person," to adopt Mr. Chinese nationality sat up.. There was there. And Godown Co.'s Wharf, Kowloon, Ira m,
spoken to him, that he was in the market-Baren Pollock's language, were most general place, coming and going nearly every day, that words, and the word "Subject" included bo beard people talking, hence he knew his not only naturalised citizens but also such DEDED WAS SUB A Wen and that he did not foreigners as according to the laws of hear them call bim “a reformer". As is either of the contracting parties are assimil. this, Mr. Alabaster suggests that the whole ated to subjects, whowas the term "fugitive object of the cross-examination was to estab- | criminal" in the local Ordinance 'le' expressly lish the prisoner's "association with the Re-limited to subjects of China. And be romarks form party" and that, this
eaten a priina of aft Baron Pollack both in the argument facia
the
dine
wa his judgment wore directed to:
how. tion that the príloser was a vali
of the U.S.A and was not g
be regarded arassimilated to
not think the remarka
for nothing for the prisoner to rebut.. I think the objection to the commitment is a good one and that the role must be made absolute.• becomes then unnecessary to expressly decide the second point--whether there must be su accusation in China-and if so whether such an accusation has been proved, merely say vary briefly that if section a be con- Bat: ill
stread in the ordinary and nateral
appear to make la Chima a condition pru
Crown load, speed dagen gel
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