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THE HONGKONG
·HABEAS CORPUS
'CASE.
„¿Continued from Popc2.),
TELEGRAPH, SATURDAY, AUGUST 15, 1931.
Applicant's Affidavit.
Bubject," which, he said, had been used. It was a loose phrase, ho de- clared, because it could be undor-
An adjournment of 10 minutes stood in two different senses.
The was
granted, after which Mt. word aubject included, on the one Alabaster read the affidavits that hand, all these who were present in had been filed in connexion with the a matter of a few moments. Since territory and subject to the de-case. The first was by the male
portation and administration
In con-applicant
the co
course of which he the original application the position ditions has changed as a deportation order irrespective of nationality, and on
provalling in that territory, stated that he was arrested with his niece but not charged, although has now been made. I do not think the other, It was used in respect to was cross-examined and asked i they are in Victoria Gaol now. nationality. It was a distinction ng were a Communist, a member
that he would like to draw at the the third internationale or guilty start, for it might help in prevent of revolutionary
Mr. Alabaster:I should have liked this application to have been made before.
The Chief Justice; So should 1.
the loose use of that phrase and
propaganda
application to the wrong aubChinst the Government of Indo-
་
Applicants in Dock.
-
He was removed to the Victoria Gaol on June 12 but, had.
not be
been shown any warrant
Sudden Demand Embarrassing. Jeet.
Mr. Alabastor:-It is embarras-
authorising his arrest, although he sing to get this sudden demand At this stage, the two applicants understood the Government WAR without any opportunity of con- were brought into court, Mr. Jenkin
considering hta deportation. Ho sidering it. It seems to me that agreeing with the Chief Justice saw Mr. Losaby but did not speak had they desired to have the ap- that they should be placed in the to him on Junë 24, prior to which plicants present they should have dock.
date he had been most anxious to asked for it at the time of the
Mr. Alobantor-In whose custody see a legal adviser, båt had not original application er at some sub-are they in the event of any reapon-been allowed. He was Interviewed sequent date, when the matter albility ?
by an official of the 5.C.A. on July.
could have received some considera- "In the care of the police," replied 14 and 20, and although he could tion. suppose it would facilitats the Chief Justice.
not remember the questions asked
the defence. am here to show Mr. Alabaster referred at length him, they were in the nature of a cause why they should not be to legal authorities, local ordin- cross-examination of his past life brought up and it seems to me ances and prison regulations, and and appeared to have the object of rather contradictory If now con- at 6 p.m. brought up the matter of securing from him adetlesions that sent to their being brought up.
he was a Communist, a member of adjournment.
The Chief Justice pointed out, they would not be brought up for a discharge order or anything liko that, but merely to give Mr. Jenkin further instructions If he required) them.
Mr. Alabaster:-Yes, but an im- mediate order for their discharge might be asked for. You will nee has that bringing them up here greater consequences. To make the application in this way is ne- king too much but, at the same time, I am in your Lordships hands. I have not fefused the up- pilention because I think it is en- As tirely one for your Lordships.
it is I can only ace It painting the way to other applications.
After the two judges had con- sulted each other on the point, thei Chief Justice said:We think it desirable that the applicants should be here, in case they are required to give any further instructions to their counsel. don't think we enn order the Crown now, at this moment, to produce them. If they are not prepared to send for them I think we shall have to adjourn and consider the necessary process to secure their altendance.
History of Case.
After indicating that he would send for the applicants, Mr. Alabaster went on to give a lilstory of the case, dealing first in the matter of the male applicant. Counsel said he was arrested June 12, under a detention warrant dated the previous day.
13.
on
Edmund Lowe and Joan Bennett are here soon, in the Fox Movietone drama, "Scotland Yard," now showing at the King's
Theatre.
#
He detailed the various warrants that had been issued weekdy, a thorising the detention of the de-
"The Attorney-General has more the third internationale, or guilty fendant up to midnight on August than once on this hearing, and cer- of revolutionary propaganda and tainly on a previous occasion in improper practices. Ho under- Mr. Alabaster chambers, made On August 12,
a most pointed stood that his examiner WLS went on, a deportation order was hint that the power to summarily entitled to ask only certain statut- served, deporting the applicant for deport and make
any order is ary questions set out on a printed 10 years, and endorsed on that solely upon the Government," do- form, but the interrogation was not order was an order by the Governor clared Mr. Jenkin during this dis- so limited. requiring that he should leave the cussion. "That is a threat, that
Indo-China Oficial Watches. which was due to leave on August these proceedings, the Governm" saw a uniformed foreigner in Colony by a certain named ship, not withstanding the pendency of
"One day," the affidavit stated, make summary orders, and
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་
of
Mr. Jenkin-Can we have the ask this court to protect these the gaol, who appeared to be, wat- name of that ship?
people by making this present order ching me, and from his appearance Mr. Alabaster--The Angers. absolute, or ask for assurance from I Judged him to be an official This applies only to the male ap- the Attorney General that he will the Indo-Chino Government." plicant, Mr. Alabaster continued. not carry the deportation order into "This we deny," declared Mr. In respect to the female, similar effect unt the validity of the order Alabaster, and read an affidavit by warrants were served except that has been established."
the prisons superintendent to that the deportation order was not) Mr. Alabaster-I am always effect. endorsed with any order that she being asked for assurances that are The nidavit concluded: "If I should depart by any specified ship, being twisted. The order is that am deported to Indo-China, I shall but that she should leave the Colony this applicant depart on a named by killed, either with or without in any way she chose. I undership on Tuesday, and if this case trial." stand that she has expressed a goes
The second affidavit was by Mr. desire to reach her family in Nan-win on over that time, either he
have gone by that ship or F. H. Loneby, the applicant's]
at- king, and presumably she will take fresh order by the Government will solicitor, and dealt with the a ship going north. While the op- have to be made appointing another tempts he had made to see his plicants were in Victoria Gaol they ship. I have no instructions from client in Victoria Gool, and also were examined in accordance with the Government to give any as-correspondence that had passed be- the procedure provided by the de-suranco, but I shall endeavour to tween him and the Government. portation orders.
secure the presence of the ap- Mr. Alabaster had not concluded Mr. Alabaster spoke at some plicants until after judgment on reading the affidavits at 0 length on the phrase "liberty of the, this hearing has been delivered. when the hearing was adjourned.
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------THREE SLIPWAYS-~-~
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