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THE HONGKONG
HABEAS CORPUS APPLICATION.
Continued from Page 2.1
TELEGRAPH, FRIDAY, AUGUST 21, 1931.
for Aling further evidence and he was not urging the Court to deal with the matter now.
based, or, at lense, that evidence conferred in the clearest terms. need not be disclosed to him. The Instead of the clear terms that we Legislature has, however, in-should expect in such a case we troduced two minor safeguards in find the following:
the taking of the dopertee's reply (a) This wide and novel power to the allegations. Rollcetins follows without a pause a very that he may reply ambiguously or restricted power to ask questions inexactly, the Legislature has pro- for the purpose of elucidating the vided that the officer taking his answers of the deportee, questions reply may put to hin such further such as might be asked of a pri- In addition to these sonor making a statement after
a by the Ordinance, as caution, when being charged in an
la ta
rather
the
suggests has xcon
An Important Point. Mr. Jenkin: I want to be quite inay seem to such officer dealrable ordinary criminal
prosecution. the
(b) The
direct frank with you, that, unless you for the purpose of elucidating glischarge him, as l'am entitled to answers of the deportee. Refleet-deportee's attention to something. have done at the present moment, Ingalso that in the case of com-That phrase and deal with the second warrant posite charge, i.c., where there are something which one separately, it would deprive me of more allegations than one, the but of which one has inissed the a very important legal point, that deportee may through inadvert- significance. It does not seem an once a man has been discharged enve-fall to reply to a particular appropriate phrase for disclosure
corpus process, he can- allegation, the Legislature has of what had hitherto been not be re-arrested again for the provided that the ofleer taking cealed. same matter. My argument would ha
(e) In "reply" we have a word for the purpose of which may (at least) refer to the or-¡ questions be that I don't care when the or- reply may ask him additional der was issued; it doesn't have directing his attention to ay "anawer" to question four. If it any legal effect until the conclu- particular. te, any particular docs, that would suggest that the sion of these proceedings which allegation or part of an allega- reply is to be to 'something al-
to which he has failed
put to the deportee in that
by habras
are now before you.
con-
The Chief Justice: think we reply and which seems to such
"Further reply" is inappro- can only discharge him in custody ulcer, in the interests of the de under the warrant which hasportee, to call for A reply. Re-priate to the construction conten- been argued, and if he la in cusflecting again that the deportee ded for. Under that construction tody of any other warrant he must may fail through inadvertence to the officer would first direct the
some deported's attention to a particu remain in that custody. It may reply sufficiently fully to
requiring reply. Here be unlawful custody, or it may be particular in the charge, the lar lawful, but we cannot discharge Legislature has also provided that "direct attention" means
ligcharge the officer taking the rests may close part of the secret evidence. him without referenca
of deten direct the attention of the de- I am speaking with reference to other possible ground
portee to any such particular in the actual facts of this case. The tion.
the charge which seems to him, deportee's reply would appear in- in the interests of the deportes, to sufficient. The officer would then direct the attention of the de- call for a further reply.
Mr. Jenkin:--I should argue that holding him under this war rant was a fresh arrest and should
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General Mans
Mr. A. T. Wilson and his bride Min Catherine Parubauwa, after their wedding which took place at the Holy Trinity Cathedral, Shanghai. The bridegroom is connected with the Kailan Mining Administra-
not avail the Crown at all because It would be an entire.abuse of the habeas corpus process.
tion.
to
2.--The
General porteo to the particular a second Attorney argued in effect that the latter time, Here "direct attention" part of the sub-section empowers means "direct his attention the officer in question to select at something of which he had know- The Attorney General:-Wehla discretion particular points in ledge." The same equivocation have to face facts. This order the secret evidence against the occurs if you restrict the fur---- was, in fact, issued and served
deportee and to put them to the ther reply to the case where the nearly two full days before an or der for discharge is being made. deportee. How that officer is to deporte has happened in the first decide which "require a reply to hit on some point in the
points The Chief Justice: If we make reply does not appear. One secret evidence.
3.It is quite clear that in this an order now for the discharge would imagine that all the at- of the man-and the case of the
which would require verse evidence
acase questions were
the cona-
woman doesn't matter-from cus-reply, but the officer is obviously were not justified on tody on the first deportation or- not intended to put all the ad-truction of the sub-section which der, doesn't that possibly put an verse evidence to him. A power I believe to be the correct cons--- end to the proceedings?
so strange and Improbable as that truction. The officer may have
(Continued on Page 11.) contended for would have to be!
Mr. JenkinYes, but have no doubt they would re-arrest him as soon as he steps outside. I sub- mit the Attorney General is not entitled to patch up his case in the manner in which he has done. He has taken a step in order to
Saturday get over the upset on afternoon, by means of a new or- not order would der, but that have availed him at Saturday It afternoon's hearing because, had not, in fact, been served, and I say he should not be in a better position now than
he Was on
Saturday.
The Chief Justice-He might bave served it later.
Mr. Jenkin:-In fact, he did.
As to the procedure to be fol- lowed, the Attorney General said he was still showing cause and did not want to add anything fur- ther.
Why Order wax Bad.
The Chief Justice:-We think that is the proper. course. On -finding that, we ought, perhaps,' te dispose of the case of the war- rant before we go any further. I think it would be, perhaps, con- venient If I give my reasons for finaling that the original deporta tion order was bad in the case of the woman. I made these notes on Saturday because I understood that the Attorney General had finished what he had to anyon that point:
1-My view of the latter part of Section 3 A (4) of the Doporta- tlon Ordinance, 1017, is as fol- lows: The Legislature, no doubt feeling itself Justified and Indeed obliged by the conditions of the problem so to do, has laid down a very drastic and unusual proce- under Sec-
dure for eases falling procedure tion 3 A. Under the person who is to be adversely affected, the deportes as I shall call him, in informed only of allegations against him. He is Tot allowed to know the evidence m_which those allegationEIKTS
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