1921-08-11 — Page 8

INTERESTING EXTRADITION CASE.

AN EXCEEDINGLY ABLE

DEFENCE.

Cases

A KNOTTY PROBLEM.

Yesterday

yesterday

afternoon

afternoon, and

ly insignificant compared with the popularity of the drama, for the audience." with very few excer tions remained in their cramped, uncomfortable positions for nearly two hours, until the Court rose, and then departed with much of interest to discuss.

STRAITS SHIPPING DISPUTE.

IMPORTANT JUDGMENT.

STRONG CRITICISM OF OFFICIALS,

the direction. of the Court.

act act

THE CHINA, MATT.

-

before the Court, the Attorney Gen-was that the Governor in Conncil mental concepts of our constitution eral, as representing the interests of never refused porfine the prayers now in so`startling that I should be slow the Crown, being made à defendant, before the Court. Whatever may in yielding arent to it. It is not, According to the present practice have been the merits of such an however, necessary to reach any con- no Order is ever made in any ordinary argument in the eye of formalism;clusion upon the point for three roa- action requiring the Crown to do it is today unworthy of serious con- sons:

The Court simply declares siderations, and it is not the type of that the Crown is, or is not, entitled argument which this Court expect to, certain property, or that a Will to hear on behalf of the Crown. It or Settlement does or does not create is within the knowledge of the pupil charitable trust, or that the Crown room that the Court can amend any can, or can not, insist that a particular petition or other pleading so as to do right between the parties. And thing be done.

this is the only answer it is necessary to give.

a

CHANCERY CASEN.

I quite realise that what I have stated was not perhaps the practice followed in the old Court of Chancery

NO POWER TO EXPROPRIATE: First the plaintiff's ships were ex- propriated on Oct. 5, 1918, when this Empire most certainly was at war, and the legislation no doubt justified. Thus it way very well be that if such expropriation were lawful, the result- ing claim for compensation ought to be assessed in the manner mentioned in clause 13 of the Order of 1896.

Secondly, I am of opinion that the plaintiffs ships never were expre priated in exercise of any powers conferred upon the Governor of this

Thirdly, and in the alternative, the

Appended is the full text of the Interest continues to increase with judgment delivered by Mr. Justice every hearing of the Canton extradi-Barrett-Lennand in the Singapore tion case, which has been occupying Supreme Court (briefly cabled by the attention of Magistrate Lindsell our correspondent) in the case of the Eastern Shipping Company veIBILN as several bearings during the past the Attorney-General. The case was

"MAT" IMFLIEN "MUST." fortnight..

Secondly, it was contended that) when the case was again up for hear heard a few days ago, when Mr. R. ing, a crowd of several hundreds of St. J. Braddell and Mr. Palgrave Cases, like Rowlat vs. the Attorney, the Governor-in-Council has an entire Chinese besieged the small court for Simpson (Penang) appeared for the General (Hardies 465), which point discretion as to whether he will fiat admission. It was lucky for the plaintiffs and the Attorney General to the conclusion that a Petition of a petition and that this Court cannot

or indirectly review his Dependency. spectators that Magistrate Orme had was represented by Mr. M. J. Upcott Right claiming equitable reef was directly

His Lordship said: This is an not, at one time heard by the Court decision. Section 19 of the Crown Magistrate Lindsell was able to transection brought against the Attorney of Chancery. Bills were exhibited Smita Ordinance enacts that the Crown is not now at liberty to invoke le: the venue of the hearing to the General as the representative of the against the Attorney General and petition shall be considered by the alause 13 of the Order of 1896. larger Court, thus saving many from Crown claiming (1) a declaration that declarations, having all the effect of Governor-in-Council, who, if it appears Clause 6 enacts: "The Governor disappointment. As it was, accom- the plaintifs are entitled to com- Orders, were regularly passed. It to him that the claim is a bona fide may require any person to supply modation was taxed to its fullest. In pensation for the unauthorised ex-may be that Petitions were supposed claim which cannot be amicably any animals, vehicles, ships, boats pr epite of the beat, a mass of people, propriation by the Crown of nine to be confined to matters of which settled, may order that right shall be other personal property, belonging to male and female, wedged closely steamships belonging to the plaintiffs: the Common Law Courts took cognis done: The question whether the or under the control of such person, together like sardines in the well of (2) a declaration that the plaintiffs sace of, or that the Lord Chanceller, word "may imposes an imperative to the Government, if such property are entitled to compensation in respect who endorsed the Petitions, did not obligation or crestes & mere power be required in aid of or in connection the Court, beyond the reach of the of the unavoidable deterioration of care to name his own Court of which has been debated in our Courts on with the defence of the Colony, and facs, and with very little brerze blowing in from outside. The in-certain marie stores left in their for a very long period he was the very many occasions. The rule to in default of the person supplying the hands when such expropriation took sole Judge. Be this as it may, I be extracted in stated by Lord Cairns same, may seize and take possession convenience, however, was apparent-

place; and (3) a declaration that the know that no lawyer to-day ever in Julius vs. the Bishop of Oxford of and retain any such animals, Plaintifs are entitled to have such seeks, either directly or indirectly, (34. C. 215 at 225). He said: "My vehicles, boats or any other personal compensation assessed by or under to recover, or get possession of, any lord, cases to which I have referred property for such purposes."

thing under the dominion of the appear to decide nothing more than THE REQUISITIONING LETTER.

power is The Attorney General confesses Crown except by way of a Petition this that where

Clause of the amending Order the right of the plaintifs to declara- Now, the result of the third declara- deposited with a public oficer for the enables the Governor to delegate the tions (1) and (2). The answer made tion sought, if made, will be to purpose of being used for the benefit power above set out to the naval or to the prayer for declaration No. 3 deplete the coffers of the Crown, and of persons who are specifically point-military authorities in the Colony. is that the stearnships were re-on this ground I came to the conclu-ed out, and with regard to whom a The notice of the intention to seize In this case, Mr. T. M. Hazelries quisitioned by the Governor in exer-aion above expressed. The special definition is supplied by the Legisla the plaintiffs' ships is contained in (Assistant Crown Solicitor) applied cise of the power for that purpose circumstances to which I bave alluded ture of the conditions upon which a letter in the subjoined form. It is for the extradition to Canton of a vested in him by clause 6 of an Im are as follows: A Petition of Right they are entitled to call for its exercise, addressed to the plaintiffs' managing Chinese man and a woman on a charge perial Order in Council, dated 26th was presented to the Governor on that power ought to be exercised and director and is signed by the Colonial of having stolen $1.100 worth of October 1896, which was published December 10, 1918. No acknowledg the Court will require it to be ex-Secretary, Mr. F. S. James.

Sir, In view of the refusal of jewellery from a Chinese banker in in this Dependency on 6th Augustment of it was given until Februaryercised." The foregoing statement

1914, and that under clause 13 of 1919. On that day the Acting is the one which, until instructed by your Directors to sign the Charter M. G. . Hall Bruzzon, who op- such order any compensation due Colonial Secretary (Mr. W. George superior authority. I shall accept as party under the Liner Requisition to the plaintiffs representing the true doctrine. It Scheme I have to give you notice powed the application, raised the to the plaintiffs must be assessed by Maxwell) wrote question as to which is the recognised Board consisting of five persons, solicitor: I am directed to inform indicates. I think, that, if a claim is that as from the 7th inst your vessels, you that, as your clients' ships have made in good faith and cannot be steamships Punjab, Perak, Perlis, legal Government of China-the of whom one shall be Judge or

Stipendiary Magistrate; two shall been requisitioned by the Crown by amicably settled. the petitioner has Jin Ho, Renong. Trang, Omapere, Peking or the Canton one.

On this point there had been much be Officers, either in the service of virtue of the Royal Prerogative and an absolute right to the hat. To cite Pin Seng and Ghirbi will be removed argument which so far had led to the Civil Government, or His Majesty'e not under the Defence Order in Council English practice under 23 and 24 Vict. from your management and in nowhere, and it still remains to be naval or military service, and the 1896, your clients are not entitled to chapter 34 is beside the mark. Section future be ram and managed by other two shall be inhabitants of compensation to be assessed by a2 of the Imperial Act is as follows: Mr. Quah Beng Kee. You will, decided.

The plaintiff Board to he appointed under the" The

petition shall therefore, hand over all necessary Yesterday afternoon was devoted this Dependency.

the Secretary of documents and supply all informia- to the hearing of evidence for the de-counsel stated that no objection said Order in Council, and indeed are be left with

would probably have been raised to not legally entitled to any comperisa State for the Home Department, in tion to that gentleman, as he may re- the tribuna: described if the chairman tion at all. The Crown, however, order that the same may be submitted quire." The female fugitive was the only of it had been one of the Judges of is willing to pay ex gratis to your to Her Majesty for Her Majesty's witness called by Mr. Bratton. Give this Court. But the learned counsel clients a sum by way of compensation gracions consideration, and in order ing her evidence with intelligence intimated that the plaintiffs will not based on the rates of hire payable to that Her Majesty, if she shall think and great clearness, she related the voluntarily refer their clairs to such those owners who have signed the fit, niay grant Her fat that right history of every piece of jewellery Board as the Government constitut Liner Requisition Charter Parties. shall be done."

the (2) Under the circumstances produced in Court. Some, she said, ed. she had received from her sister; some she had had made or adapted at CAN THE PLAINTIFFS CLAIM RELIEF Governor in Council does not see his It follows that the real question, was to endorse. as prayed your her own expense: sad the remainder the backer gave her. She also gave is whether the plaintifs can obtain clients' Petition of Right." particulars of transactions with the the relief which they seek in the pre- Tung Shing jeweller's shop at Canton. sent proceedings. and this evidence was confirmed by entries in the firm's books, photo graphs of which Mr. II. K. Woo had

that city.

fence.

→

I have never

CROWN REFUSAL.

IN THE COLONY,

THURSDAY, AUGUST 11, 1921

DAIRY

FARM NEWS.

FRESH AUSTRALIAN. BUTTER Daisy

*Brand Dairy Maid" Pastry

Gouda (Full Cream) Australian Cheddar Picnic (own make) Coulommier (own make).......

Fillets Haddocks

Kippers

Red Herrings

$1.45 per lb.

1.35. 1.15

· A

CHEESE

$1.25 per lb.

1,00 M

5,60 a Jar,

$40 per pal.

FISH

$ .80 per lb.

.70

.60

.30

H #1

8238

1J

THE DAIRY FARM, ICE & COLD STORAGE Co., Ltd.

SECOND WEEK

WHITEAWAY'S

SUMMER SALE

We have made further reductions on numerous lines for this week. Our sale is not a short fash in the pan but a genuine clearance on alt goods. No exceptions, which will last till August 31st.

SEE OUR - WINDOWS

1,450 MEN'S STRIPED ZEPHYR SHIRTS

:

"Duro" dye. Good patterns. Soft double cuffs. Bixes. Usual Prices $4.50 to $6.75

All

N TE

SALE

PRICE.

$2.00

RACH.

WHILE THEY LAST

NOT THE NECESSARY NOTICE. This is not such a notice as the Or- ders in Council contemplate. Per- sons whose property was about to be seized had an absolute right to a notice or other document signed by the Here the Crown's chief executive Governor, or by one of the persons officer grants the fat, and obviously mentioned in the amending Order: he is in a widely different situation to in Council and containing a reference the great personage who actually ex-to clauses 6 of the Orders in Council.

THOUSANDS The Crown consistently refused ecutes the office of the Crown. I may In my opinion it was incumbent on doubted that in the absence of special until after the institution of this sad, however, that in England a fiat is the Governor to pursue strictly the circumstances to be hereafter mention action to recognise any duty of perfect never refused on the ground that the authority given to him. ed. the procedure, and the only obligation towards the pisintiffs. The petitioner is very unlikely to succeed. procedure, open to the plaintiffs Attorney General, on behalf of the It is granted at the instance of every would have been a Petition of Right Crown, now admits that there never person who prefers a case in good faith With regard to a bangle which the in the form given in one of the Sche- was the slightest justification for and the legal aspects of it are deter at the mercy of the Crowa, deliberate woman said she had had made at dules to the Crown Suits Ordinance citing the prerogative, or refusing mined by the Courts and not by the ly elected to waive any possible title another jeweller's shop at Canton, 1876. An examination of Section the fat or for assuming that the Attorney General. This is in accord traceable to the Orders in Council Mr. Woo was able in the witness box 18 of the Ordinarce and of the case Crown was not bound to pay for the with the spirit of lofty impartiality In my opinion that election cannot to point out to the Magistrate the of Attomey General versus Wemyss use of the ships. In other words, Chinese characters representing the

(13 A. C. 192) will show that a Petition, a fiat upon a Petition presented with the asme of the firm mentioned, en is applicable when the relief claimed a view to obtaining payment of graved on the inside of the bangle.

or prayed for, is for the restitution compensation would now be granted The defence having closed, there of any corporeal right on a return as of course. In these circumstances remained only the question raised by Mr. Brutton as to which Government in China was legally recognised by

gone to Canton to secure.

the Powers.

Remarking that argument would

of lands or chattels, or a payment the use of a Petition would be a of money or damages founded on idle ceremony. some wrong or injury done. With reference to the last branch of this

THE KING'S HOSOUR.

With reference to my third pro- position, the Governor in Council in order to place the pisintiffs entirely

I

OF

BARGAINS,*

WHITEAWAY, LAIDLAW & CO., LTD.

TWO COMMENTS, '***

HONGKONG,

which has in modern England gained now be ignored in order to force the I abstain from expressing the view for that wonderful creation of law, plaintiffs before a Board to the con- which I have formed upon the point. called the Crown, the millions who stitution of which they object.

have now disposed of all the defences. owe it allegiance.·

PLAINTIFFS' RIGHTS. In my opinion the plaintiffs are.

The third argument was that the plaintiffs ought to have applied for the enforcement of the duty to grant

Before parting with the case I think it desirable to comment on two matters been no trial at all had the Colonial

every British dependency will conduct before them cases, to which the Crown is a party, if of great public import- ance or difficulty. It is not, in my opinion, consistent either with the dignity of this Court or with that

practice, to which, I have referred,

the fiat, assuming, of course, that such clearly, entitled to the three declara- First, there would, probably have of the Goverment that the ancient

proposition it is the case that the some of the language of Baron Atkyns the application was not specified but

WAR RIGETS IN PEACE TIME.

of this action. The plaintiffs urge

was quite nafounded and yet he practice who discharge the forensic

Further, I am of opinion, to use a duty existed. The exact nature of!tions which they seek and to the costs Secretary, shewn wisdom and tolera-ahould be neglected. But I hope it be saved in case he came to a con- Crown in many Colonies has always in Pawlett vs. the Attorney General, I gathered that it ought to have been that the first declaration should be tion during the negotiations with the will never be imagined that the Court clusion, on the evidence given, in undertaken works which in England that it would derogate from the for the issue of the prerogative wit prepared with an expression of plaintiffs' Board of Directora Es is not sensible of the debt which it. favour of the defence, the Magistrate were counted among the activities King's honour to imagine that he, of mandamus." I think that the con- opinion on the part of the Court that view as to the rights of the Crowe owes to those advocates in private said he would adjoam the hearing of private persons, and therefore the as the fountain head of justice and tention is sufficiently answered by the Crown wrongfully trespassed sought to enforce it by language and duties of the present Law Officers

on and converted the nine ships to its awn use. There is no occasion for other conduct calculated to outrage The Court is fully satisfied as to their - until Monday next, and in the mean Secretaries of State or other respons- equity, could possibly desire his an earlier portion of this judgment. time confine himself to considering ible Ministers have in framing or subjects, already smarting under

any expression of opinion in the the feelings of the gentlemen in ques capacity, but is of the opinion that tion and awaken great anxiety as to their presence alone in important whether there was a prima facie case suggesting legislation, thought it grave injustice, to change the headings. I pass to the question whether the formal order as to the ground up whether adequate compensation ever Crown cases is hardly consistent with against Mr. Brutton's clients. right to deprive the Crown of that of their cause-papers and start pro- Crown can found on the Qrder in which the liability to pay compete would be paid. As to the official the spirit of our constitution

The plaintifs do not Should he be unable to come to aimmunity for torts committed by ceedings as of right afresh. In con- Council of Oct. 26, 1896, or on astion rests. decision, then Counsel would te its servants which it enjoys at common nection with this topic it is right to amending Order dated March 21. suggest that the measure of the com- attitude subsequent to the seizure given an opportunity of arguing the law. Nevertheless no modern case notice three arguments.

1916, and published here on the 20th pensation depends in any way upon of the ships, the best comment, per- other point.

of the following-May. Though the the errors made by officials. There haps, is that the Attomey General's plaintiffs, by their pleadings impeach fore, the question as to whether such advocate has not advanced me word First it was said that the Petition the validity, in point of law; of clauses acts were tortious or innocents, is, in in defence of it. This brings me to ARE YOU GOING ON A JOURNEY? Bemedy, abould be sacked in presented in December, 1918, merely 12 and 13 of the Order of 1896, it was this action, of academic interest the last matter. I noticed, not with

journey. Change of water. diet and PHYSICIANS prescribe Chamresizin zure it relieves crsnips in the wi

Colleen trees be Attorney General of this Dependency Council, and that the plaintiffs in in forte for all purposes. The notion sued persons who purported to act of the Law Officers thought it in your hand luggage hen ging on

can only be instituted in cases falling this action deny the application of that the Crown, in the exercise of the under Governmental authority, it cumbent upon him to appear at the temperature all tend to produce bower

served on hard the train or sleetoship" and intestinal pares quicker than my prepation they can compund. It can within Section 57 of the Crown such order, and allege that the Crown prerogative, can, during a period of would have been of the greatest im- bar. Now, according to an age rode and this medicine cannot be Suits Ordinance. These are all cases acted in a manner wholly ensuthorised pesce, subject, the inhabitants of a portance, from the view point of such Fown venerable with age and not Le may such sußeing, mad inco in which a Petition of Right is not by any rule of law or eqnity. From British dependency to obligations persons, to establish that the seizure lightly to be broken in upon, the vedieo if you have it handy. For sale applicable and the Crown is brought these promises the coccanon drawn wholly at variance with the funds was not invitos. For this reason, highest Courts in England and in by all Chemins and Storektepass,

SUPPLIED BY ALL CHEMISTS.

be bought from azy chemist. A butt

will keep for years, and no, home cuplete without it. For sue by Chemists and Storekeepers.

can be produced which illustrates the grant of the necessary relief otherwise! than upon a Petition of Right.

PETITION OF RIGHT.

ARGUMENT UNWORTHY OF CONSIDERATION.

An ordinary action against the referred to the Imperial Order in sssimed that the two Orders are still only. But if the plaintiffs had surprise, but with regret, that neither HAMBERLAIN'S Colle and Dis the

I TOLD YOU, ONCE

THAT I'D NOT GIVE

YOU ANY MONEYA

AND THAT SETTLES

MOUTH

BRINGING

BY ZOLLY: MAGGIE DOESN'T GIVE ME ENOUGH MONEY TO GIT SICK ON

LOLEY - PORS

UP FATHER.

MR.JIGGS” YOU DONT "LOOK HAPPY – BRACE UP WHY DONST. YOU

DROWN YOURS"

SORROW?

BUT THAT WOULD

MURDERIAN BESIDES SHE'S STRONGER THAN

WISH

COULD