DEPORTATION CASE.
-:LI. Nong-Mi's Action Fails.
CORRESPONDENCE.
The opinions expressed by sorres“ pondents are not necessarily those of the "Hangkong Telegraph."]
THE CONSCRIPTION BILL
(To the Editor of the Hongkong
Telegraph"]
the Supreme Court this morning, before the Fall Court, consisting of Sir William Reg Davies (Obief Jumtion) and Mr. Justice Gomperis(Paizno Judge), judgement was delivered in the action brought against the Attorney General, the Secretary
Sir,-So much misconception of Chinese Affairs · and she
has arisen in connection with the Osptain Superintendent of Police, by Li Hong-mi, a solicitor's clerk, Consuription Bill, that it seeme making for the setting aside of a desirable to state the following deportation order made against facts:--- him
The Chief Justice raid :-This
The' original suggestion of the is an action arising out of certain "Chamber" was, that if men deportation proceedings. Plaintiff
THE HONGKONG TELEGRAPH, WEDNESDAY, JUNE 12, 1918,
TO-DAY'S ADVERTISEMENTS.
LOST..
LOST-Small
White FOX TERRIER Brown Head. Small black spot on back. An- swers "Pom." Tel 1949, or note to O. H. B. c/o Hongkong Tele- graph."
PACIFIC MAIL S.S. CO., LTD..
NOTICE TO CONSIGNEES.
2.8. COLOMBIA " From
SAN FRANCISCO,
SHANGHAI & MANILA.
who is a""natural-born British from here for Active Service st were really urgently required rabject and was formerly in the home. Universal Conscription of HONOLULU, JAPAN PORTS, Government Service for many all British-born subj’ots, should 12 years, seeks to get a deportation be applied.
order made against him set aside,
:
and recover damager against The reply that, for the present certain Government officials for at sav rate, "only men of pare sota done in matters incidental to European descent" wars to be the order of deportation. The attested, so narrowed the enquire conclusion st which I have to preclude say posibility of arrived may be summarised as obtaining much "men power, follows: The local legislature since this class has already lass entrusted to a Government volunteered and gone, save those official powers of a most excep who for various reasons, could tional character end it has in not go or be spared if paramount express and unequivocal terme British interests are to be given to the Governor-in-Council | protected. powers that over-ride gensälly
Believing that so far as their socepted principles of the Com-present declaration of policy goes, mon Law of England affecting the Home Government does de the liberty of the abject, aire paramount British intereste and in alear language it protected, even at the cost to the has provided that theme powers cannot be challenged ed that these should be protected Army of manpower, we stinalste asuming that the arbitary pro in the Bill. cedure. Isid down by the
Ordinance is complied with. So far as the present wording This Court, therefore, has no goen, we believe they were not, power to overrule its sotions, and therefore moved a very care We were asked to assume that fully considered "amendment to the Governor-in Council had be- cover them. for it proper and sufficient evidence to support the allega
It was rejected only by the full use of the Government official
the merchants who
The above mentione vessel having arrived from the above mentioned ports. Consignees
that of cargo are hereby informed landed their cargo will be
the hazardous
at their risk into and/or extra hazardous Godowns of the Hong- kong & Kowloon Wharf & Godown Co., Ltd, and stored at Consignees' risk.
notified that they must produce *Consignees of Cargo are hereby an Import permit signed by the Superintendent of Imports and Exports, Hongkong, before Bills of lading can be countersigned,
aged goods are to be left in the All broken, chafed and dam-
Godowns,
where they will
June, at 10 a.m. be examined on Tuesday, 18th
within a month of the steamer's All claims must be presented arrival here, after which they cannot be recognized.
No claims will be admitted
after the goods have left the undelivered after 19th June, 1918, will be subject to rent. Godowns and all goods remaining
Consignees are requested to
DAIRY FARM NEWS.
JUNKET
Cannot be excelled with tinned
or fresh stewed fruit,
COULOMMIER CHEESE. COTTAGE CHEESE
NOURISHING & IDEAL FOOD.
DEVONSHIRE CREAM
CAN ALWAYS BE HAD.
WE SUPPLY JUNKET TABLET ON APPLICATION.
YOUR COUNTRY'S NEED, YOUR KING'S COMMAND.
MEN AND MONEY.
Do you realise and feel that the Flower of our Manhood is shedding its blood for YOU on the battle-fields of Europe?
Do you realise that your country NEEDS YOU ? Do you realise that you country needs YOUR MONEY? What have you done to economise since war Was
declared?
Have you curtailed your pleasures and your desires? Have you reduced your expenses to your Immediate
needs?.
Do you still give riotous dinner parties, picnics, dances
while your broiners shed their blood for YOUT Are you fit to fight?
Have you tried to give your life in the cause of
FREEDOM?
If you have not lived as you should have lived since war was declared you have helped your enemies in their crimes. A
باره
Every penny saved daily by "you means one step towards
victory, CA A
send in their Bills of Lading for Every penny squandered in satisfying your lust for
tiansand that the reports on which majority which is not touched by the allegations were based justified the Bill at all and whom, in this auch allegations. In my opinion particular instance at any rate, No Fire Insurance whatever we are not called upon to assume we believe is not so competent to will be effected. anything of this kind.
We are judge AD bound by the language of the framed it. Ordinance and the Court has no „power ta sæsnil it, On the quee As a protest against the nation countersignature immediately. tion of the witra vires of the of the Government in rejecting | PACIFIC MAIL STEAMSHIP Ordinance we have no doubt on an amendment which had been the matter and intimated during repeatedly and unanimously ask- the argument that the Ordinance ed for by the "apofficial"! was not in our opinion u'tra vires. members at private meetings, we Then the plaintif alleges that he voted against the third reading was arrested and taken improper of the Bill and could not logically ly to the Victoris. Gaol where he have done otherwise. wae detained for some hours and
Our convictions and 1
"that his finger prints were comChemher's" se to the necessity palmorily taken by an Indian for the Bill in the form orginally member of the Gaoi Baff and the ked for, remain unaltered. he was subjected to other in-
diznities and claims damages ac- I deeply regret that Govern- cordingly. To this the defend- ment action prevented unanimity ant, Mr. Mosser, ieplies that these in passing it, the more eo, since. apte were in accordance whilst the Government pledged with the usual routine of the gaol this in words, it would not take provided for purposes of record the further natural step of in- and bealth and that the plaintifjcluding it in the Bill and so raised na objection to theas procure unanimity, -incidents 81 the time and that no force or persuasion was employed by any of the Gaol Steff, Two questions arise:-1, Da the Prison Begulations apply to a proposed .deportee? 2, If the answer is in the negative,
(1 assault in law committed which entitles plaintiff
Yours etc.
P. HL. HOLYUAK.
Hongkong, June 12 1918.
to damages? As to the first under a legal warrant in the question the Deportation Ordin House of Datention which se ance, 1017, empowers the Glover fant, although it is not materisi, nor to appoint a House of is Victoria Goal, where be re Detention for the purposes of the mains pending bail or discharge. Ordinance and in default of It seems to me that it is impoe- appointment Victoria Gaal is to sible to say that he is not confined be the House of Detention and "in any prison" and if he is so the Superintendent of Violoris confined he is subject to the Geol is to be the Superintendent Prison Regulations which are of the House of Detention, Then suthorised under Section 18 of the the warrant of arrest and a farther Prison Ordinance, 1899, and "detention is addressed to the under those regulations s_prison Police and the Superintendent of in defined to indlade Victoria. the House of Detention and the Goal..... Being of opinion order for discharge is addressed that the prison regulations in to the Superintendent of the question do apply in the case of House of Detention. Now an proposed deporteesit is unneces #ppointment has been made of a Bary to go further into the matter. House of Detention na VictoriaGaol
After going further into the
is the House of Detention for the case the Chief Justice indica. purposes of the Ordinace. Well, ted that the action would be then, under the Prison Ordinance, dismissed,
1899, Victoria Gool is set spart
ía a prison sud a person is deem- A lengthy judgment was also
ed “to be a prisoner whenever delivered
by Me Justine
he is confined in any prison in Gomperts, concurring with the
Whách bo may be lawfully confia- Chief Justice,
PMI think, clear that |
1o, deportes, The Attorney General mention
When, the wasting of the winh thus theit
ad the matter of bów, ÞÉ
Ana dehnition. The definition is would consider the instter
in its terras and embraces chambers, which was agreed to,
any prison in which a person may
be lawfully confined. The pro- Mr. Pollock remarked that they posed daportes in arrested by the bad decided tattska: the matter Poljos, tad datsised in "custody to the Privy Connoilz 275 1974
COMPANY.
J. ORAM SHEPPARD.
#
-Acting Ageni. Dated the 12th June. 1918.
pleasure means one s'ep towards defeat, oppression and subjugation to a TYRANT'S power.
Pause and commune with your soul, search your hearts, and, to-day, remedy your faults where you fall short of your duty to your country, and add one step on the march towards VICTORY,
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See a Brownlow demonstrated, see how it is made,
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