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THE HONGKONG TELEGRAPH,
CANTON OFFICIALS IN
COURT.
ACCUSED OF THEFT OF
FUNDS
Wong Chung-chu, former Fin ance Commisioner of Canton, who held office during the "Ironside" regime, and Choy Shiu-un,, who during Wong's "commisalonership was manager of the Central Bank of China, were arraigned before Mr. R. E. Lindsell yesterday, in connexion with alleged thefts of huge sums of money from the Central Bank of. Chine...
.
Mr. H. G. Sheldon, instructed by the Hon. Mr. W. E. L. Shenton, of Messra. Deacona' prosecuted, whilst the defence was in the hands of Mr. Eldon Potter, K.C., and Mr. F. C. Jenkin, instructed by Mr. M. K. Lo, of Mesars. Lo and
Lo
SATURDAY, JANUARY
ARY 21, 1928.
Mr. Potter then proceeded to
A Missing Letter, state that the second accused was a British born subject, and not only
Concluding, Mr. Potter said that thut, but his father was also af, in effect, there was no evidence British subject, and if that was before his Worship on which it the case, the extradition proceedcould be said that these men were ings must fall as a matter of criminals, then they could not say course. He did not ask his War that the men were fugitives. He ship to adjudicate on that point at said that the defendants had once, but he added that sooner or shown not the slightest signs that inter it was bound to crop up, and they intended to flee, and mention- ed that between the last adjourn- had to be dealt with.
ment and yesterday they had spent a good deal of time in Mr. Jenkin's chambers. Ho saw no real ground for granting an adjournmont,
Birth Certificates:"
At this stage Mr. Potter handed his Worship two documents, which, he stated, were the birth certifi Mr. Sheldon Informed his Wor cates of the second defendant and ship that Messrs. Deacons had of his father. The birth certif-written to Messrs. Lo and Lo cates shaved that the second de-giving them particulars of the
rough charges, fendant's family Ead been con-
Mr. Potter: The letter has not nected with the Colony for the past seventy years, his father's buen received. It is amazing. If birth being in 1869 in Hongkong.It is sent by chit book, it should!
The birth certifleate which pur-have been received. Most amazing! ported to be that of the second ac- Mr. Sheldon repeated that the eused bore the name of Chiu Kin-letter had been sont and that it shing, which, Mr. Potter explained embraced the rough charges. was the milk-name of the second At the commencement of yes- defendant. Mr. Potter produced terday's hearing, Mr. Sheldon in two receipts from the Bank of East dicated to his Worship that the Asia for certain deposits made Crown had taken charge of the there by the second defendant, proceedings, and that it was for which were made out in his milk the Crown that he. Mr. Sheldon, name and which, anid Me. Potter, was prosecuting. He asked for an bore interesting corroboration to adjournment as he explained that the genuineness of the birth cer- a requisition from the Government tificale. of Canton, which he expected, had been delayed.
Mr. Eldon Potter submitted that Mr. Potter enquired what right had an adjournment should only be the Crown to ask for bail at all made on terms of greatly reducedant. Is it not utterly unfair that
in the case of the second defend bail. He said that the case was he, or somebody on his behalf, taking an exceptional course, pointing out that the twe defend- should be put to the inconvenience ants had been arrested as long may regain his liberty?" asked of finding $50,000, in order that he ago as January 5 and he under- Mr. Potter. stood from Mr. Jenkin that the
If his Worship accepted the birth certificato of the second defendant,
case would definitely be proceeded the second man was a British sub- Continuing, Mr. Potter said that. with yesterday. He snid hie Worship would be surprised to ject in the fullest sense of the hear that the defence, so far, had term, and as no charge had been not had a copy of the charges, that he should be remanded was an formulated against him, to say although they had pressed for
copy in order to prepare their intolerable position, not consistent defence. The defence had written with British justice.
to Mesure. Deacons and had re- With regard to the first accused, ceived a reply which did not in-Mr. Potter asked that his ball should clude the charges. "We have had be reduced materially, because to not a shred of any kind, not even date, the defence did not know the informal, information."
charges formulated against him.
At this stage Mr. Lindsell sent Continuing, Mr. Fotter ventured the Court usher for the original to suggest that there had never information on which the warrant bech p case before the Court was issued, but owing to the where similar procedure was second Magistrate being away adopted, and he added that it was this was not obtainable. not only against the principles of British justice but also against the principles of any Court of Mr. Potter: I am wondering Justice to detain these men with-in my ont mind whether there are out formulating some sort of any facts to put before your charge.
Worship that these men were fugi tives at all.
Mr. Lindsell: The information
Unfair Bail.
"The Information.
each, under the circumstances. of pubile funds.
Mr. Potter said that there was nothing to prevent the prosecution from proceeding with the charges. Dealing with the second defendant, Mr. Potter said that his arrest was | similar to the arrest of any man in Hongkong, and he was entitled to know what the charges were against him.
"
'Mr. Potter further contended. that the requisition was not necés-
He also pointed with the case. say for the prosecution to proceed out that Canton was only a few that the requisition had taken a hours' journey from Hongkong and long time in coming. He asked his Worship to reduce the bail of both. men substantially.
The Charges.
He said
Mr. Sheldon expressed regret to his Worship at not being able to proceed with the case.
Lindsell's request, he read the to Messrs. Lo and Lo, and, at Mr. that the rough charges were seni
charges out to the court. They were:
1: "That on December 27; the; second fugitive stole from the funds of the Central China, $10,000.
Bank of
2. "On December 28, he stole $185,000 being the funds of the same bank.
3. "That sums of $10,000 and $185,000 were taken from the funds of the Central Bank for the false purpose of payment of debt consolidation.
4. "On December 28, the first defendant stole $15,000 for the expenses of the Department of Finance. On the same date, he | stole $10,000 for the same purpose. 5. On December 28 he stole
It was unfair, said Mr. Potter, was sworn by the Commissioner 33,000 supposed to be for the to ask his clients to produce the of Public Safety at Canton, charg-Bureau of Publie Debts. very substantial sum of $50,000|ing the defendants with larceny 6 On December 28 he paid $17,000 in favour of Loo Kai-ki, a Mr. Potter: The whole matter In regard to the detention of the reeks with politics from beginning stitious name, no such person, in two defendants, Mr. Eldon Potter to end. If this case ever goes on,
fact, existing. intimated that if they were legally I shall ask your Worship to make detained, it must be under Section some very strong comment about
7. On December 28, he paid $33,794 in favour of Lam Kal, also a fictitious personality.
Mr. Sheldon added that the third seventh fourth, fifth, sixth and charges did not concern the second defendant.
8 of the Provisional Ordinance. these sworn declarations made by
Mr. Potter asked hie Worship, the Chinese Government.
Continuing, Mr. Potter said that as a matter of right, to show the bis Worship's only right to regard defence, there, and then, the In- formation which led to the issue would be if his Worship was satis- the men as "fugitive criminals of the warrant for the apprehen-fied that there were circumstances that on December 28 both fugitives Continuing, "Mr. Sheldon sold sion of the defendants. He said that, the case being one of ex-
which justified their detention. stale 208 boxes of subsidiary coins tradition, he was entitled to that information he had received was of the Central Bank. Of this sum Mr. Lindsell remarked that the valued at $830,000 from the funds right. He also claimed that he supported by certain documents $101,688.38 was sent to the Tak was entitled to every document purporting to emanate from the Wing Bank of Hongkong by the which came into existence, every present Government of Canton, direction of the fugitives. statement made, which justified or stating that warrants had been purported to justify the arrest of issued for the defendants' arreat not wish to embarrass the second - Mr. Sheldon said that he did) his clients, in order to apply for in Canton. the release of the defendants at a
defendant, and since the produc- higher court, if he saw fit to do so. mere fact that warrants for their birth, he left the matter of ball to Mr. Potter pointed out that the tion of the papers relative to his Another point, Mr. Potter said, arrest in Canton had been issued his Worship. occurred to him under the amend did not make them nationals of Mr. Lindsell remarked that he ed definition of "Fugitive Crimi. | China.
would hear the case on January
nal." He said that the law speci- His Worship: A national is the 26 at 11 a.m. Bail was granted at fied "any national of Chiar acsame as a subject. We speak of $50,000 to the first defendant, and cused of an extradition crime." Mr. French subjects, although France $5,000 to the fecond. Mr. Polter Potter contended that the onus is a republic.
informed his Worship that the was on the Crown to prove that Mr. Potter said that the Ordin- money had to be borrowed from the men were fugitive criminals, ance would be ultra vires if friends and laterest had to be and therefore it was necessary to national was intended to mean paid.
prove that they were "nationals" subject, and added that the Crown An application from Mr. Potter: of Chien. Mr. Potter argued that could not read the word "subject" that a sum of about $2,000 odd since China was a republic, her into the Ordinance as it stood. found on the second defendant au citizens were referred to. as "The Crown can't have it both the time of his arrest, be returned. "nationals" and not as "subjects." | ways,
The application was granted.
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