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THE HONGKONG TELEGRAPH.
EXTRADITION.
SATURDAY MAY 11, 1929.
so far. Sub-Section 2, of Section B, limited his Worship's powerą only to this, extent, that the fugi
COUNCIL ON PRIVILEGES OF tive criminal apprehended on a
DEFENCE.
1
warrant so lesued should be dis charged by the Magistrate, unless Yip Tim, described as a nativò the Magistrate, within such time of Tso Kam district, in the pre-a8, with, reference to the circum- stances of the case, he might fecture of Walchow, appeared, on think reasonable, received an or- remand, before Mr. E. W. Hamil der from the Governor signifying ton at the Central Magistracy yes that a requisition had been made- terday afternoon, on an applica- for the surrender of such fugitive tion for his extradition on charges criminal. of armed robbery and kidnapping. That sub-section, said Mr. An- drewes, allowed the Crown to Mr.. Hin-shing Lo, instructed
proceed on the warrant by Mr. J. T. Prior, of Mesara.which the fugitive had been Wilkinson and Griat, appeared for brought before the Court. The the fugitive. Before the савс
Crown was entitled to do so until commenced, Counsel asked leave his Worship had come to the de- to make some observations with cision which was pointed out In regard to the question of the re-
the sub-section. On that, he sub- quisition, these being, firatly, that mitted that the proceedings were
of
מפתון
a requinition was a necessary pre-perfectly regular. cedent to the commencement
Mr. Lo said that while he ac- the extradition proceedings, and knowledged that his Worship. secondly, that it was the practice without the receipt of the Gov- of the Court to permit the defensarnor's order, might issue a war- dant to read the requisition in rant on awern information under order to note that the terms in the somewhat preasing clreum which it was made out were in stances indicated, still Ho (Coun- canamance with the facts thesel) maintained that the requisi- Crown proposed to put forward tion was a necessary precedent, to during the Court proceedings.
the commencement of the hearing Continuing, Counsel sald 'that of the case, So far as the is privilege extended to the defence Ruance of a warrant on sworn in-
of reading the requisition, hnd formation was a means of bring- been continued until the begining the fugitive before the Court, ning of last year.. Then a case ho raised no demur, but in pro- concerning a writ of habeas corpus, ceeding with the hearing of the in which he was interested, came case without the necessary pre- up before Mr. Justice Wood, who liminary of a requisition, he ob- did not then say the defencejected strongly to the procedure should not have the privilege of as being irregular.
requisition. But, subsequently, when what теля INSTALLED.known as the Five-Eyed Bridge
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The warrant issued by his Wor- extradition case came before Mr. ship pending an order from the R. E. Lindsell (the then, Chief Governor must of necessity be Magistrate), the Assistant At- torney-General took advantage of only a provisional one, assessed at its best value.. The crime re- aportion of hig Lordship's judg-ferred to occurred as far back as ment to ask the learned Magistrate not to allow the defence to read the requisition.
Established Practice. Counsel now argued that, ne- cording to established practice, requisitions of that nature were always read by the defence, the necessity for this being. In the 1eculiar conditions in the interior
two years ago, with so much happening since that period to confuse the facts. He (Counsel) the hnd instructions to call charge a trumped-up one, on the part of the witnesses who were going to give evidence.
Mr. Hamilton indicated that he had the requisition before him, but informed Mr. Lo that although
of China, The official native pro-be had no objection to showing it, redure in the interior of China, as he thought the procedure some- Counsel understood it, was that what irregular.
the
the moment the crime was com. His Worship later said as fur mitted, the party or parties conan the Court was concerned, he cerned would make a report to had over-ruled Mr. Lo's objection the local Magistrate, and the to his not being allowed to rend Magistrate in his turn would re-the requisition. Before port to the authorities Ih Can- Court adjourned, after formal evi- ton, where the proper records of dence of arrest had been taken, the crime were kept. As soon as his Worship directed the Crown's. the man was arrested in Hang- representative to
look up the kong, there should be no delay in points raised by Mr. Lo's objec sending down the requisition in|tions. due course. Such a requisition The charges upon which the
therefore bernine a necessary pre- cedent to the commencement of The Court proceedings, as by be ing enabled to read the terms in which it was set out test was jobtained, in the interests of the defence, if the correctness of the story of the crime with which the fugitive was ebarged.
surrender of the fugitive, is sought, accuse the fugitive of leading a force of 70 or 80 ban- dits into the village of Shek Ma Kok on May 4, 1926, and there engaging in an orgy of plunder, the loss through theft for a num- bar of people who will be called as witnesses, as a result of the raid, being put at $1,800. “
For the Crown, Mr. L. R. An- drewes referred his Worship to
Nine people, of whom three section 8, of the Extradition Or-
were women, were, it is alleged, dinance, No. 7. of 1899, which kidnapped by the fugitive and states that. "n Magistrate may taken to his village. They were also issue his warrant for the apkept there for eight days, when prehwusion of a fugitive criminal they were frend, on ransom on such information or complaint amounting to $2,800 being paid, as would, in his opinion, justify the issue of a warrant if the
Evidence will be given to show crime had been committed in the that at this point one of the wit- nesses offered a reward of $1,000 Colony." Mr. Andreives regard for the arrest of the fugitive. A ed that Section quoted as giving rail was carried out by the mili- the Crown the necessary powers. In fact, the fugitive had beentary on the headquarters of the bandit gang, and they were dis- brought before the Court on
a warrant which was issued by his persed. The fugitive who was a Worship on information given by escaped, but his houses were man of considerable substance, Chlef Detective Inspector Rey- nolds, who, in his turn, received burnt down by the soldiers. In the operations against the bandit it from witnesses who had come from the same place as the fugi-village, nine or ten of the gung tive; and, also on the strength' of a letter from the Commissioner of Foreign Affairs, at Canton.
Issued on Local Information.
were killed.
Recently information was re-. reived that the fugitive was in hiding in Hongkong, and upon a warrant being issued by the The warrant was, therefore, la- Magistrate, the fugitive was ar sued on the information contain-rested in Autnu district, New ed in the letter and that from Mr.Territories. Reynolds. There was no ques- The case was adjourned until tion of requisition in this case, Monday morning.
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