і
:
L..
53
The view that seems to coincide most closely with all aspects of the evidence is that the Kwong Tung Provincial Gov- ernment was always the de facto Government of the Province throughout this period that there was a vacancy in the office of Governor General from the 26th. July until the 4th. August and that any attempt made by Chan Kwing Ming to disturb the administration was too abortive for any rights
to be based upon it.
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The first two points considered affect all the charges. The point which I will consider in the third place concerns the fifth charge only, that of embezzlement as a bailes. It
is argued that the fugitive should be discharged on this charge because the offence disclosed by the evidence (if any) was (a) an offence against Chan Kwing Ming, who gave the instructions with regard to the money which the fugitive is alleged to have disobeyed; (b) who gave these instructions
after he was deposed; (c) who therefore alone can explain
these instructions and can claim their fulfilment; and fur-
ther was (d) an offence consisting in a neglect to carry
through a rebel purpose, and so far from being a crime was a
laudable act.
The real position is this. Assuming that the property
is rightly laid in the Kwong Tung Government, the fugitive
obtained public money from the Kwong Tung Treasury, earmarked ¦
in the order on which he obtained it for a specified public
purpose, which money he has placed in the bank in his own
name. If he wishes to clear himself from the suspicion of
fraudulently converting it to his own use, either by alleging
other or further instructions, or by alleging that he die-
obeyed his instructions in the interest of loyalty and of
good Government, it is open to him to tender evidence on
these matters. This he has not done.
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8.