1928-04-02 — Page 6

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Hong Kong, Monday, April 2, 1928.

THE NANKING INCIDENT.

pair.

LTD.

According to Chinese reports what the Chinese authorities now wish in settlement of the affair is that the Powers concerned should regard the outrage as having been perpetrated by Communists; that a solution of the case shall be of such a nature as not to. im-

MONDAY, APRIL 2, 1928. *

statement reads: "We, represent- FUGITIVE CRIMINALS SAILOR'S MONEY.

ing a body of men and women who are in close touch with the people and are conversant with their every day life, unhesitatingly ne- sert that the picture of India which emerges from Miss Mayo's book is untrue to the facts and un-

CANTON & EXTRADITION POWER'S.

TREATY OF NANKING.

AMERICAN ROBS A BRITON.

EARLY MORNING THEFT.

Two American sailors of the

just to the people of India.... Questions relating to the autho- The ugly and repulsive and dia-¡rity of Li Chol-sum as a represen- guating aspects of Indian life are tative of China sufficient to bring U.S.S, Pittsburgh" named M. C. not the predominant things in him within the requisition powers Mawhorter and W. 11. Shelby Indian Society, Beauty and eul-defined in the Treaty of Tientsin were this morning charged before ture, kindliness and charm, religionware dealt with by Hia Honour Mr. Mr. R. E. 'Lindsell at the Central and plety are to be found alike Justice J. R. Wood in the couTEO among the highest and the humbl-of a partial judgment this morn Magistracy with the larceny of est. Mias Mayo leaves no

ing of two fugitive prisoners, main- $35 in local bank notes, the pro- for these in her pleture...... Itains that they are being unlawful perty of Able Seaman W. A.

room

this unsympathetic recital of evils, ly obtained. which are deepseated enough, but The men are wanted for alleged Anscombe of H.M.S. "Cornflower" · net universal as the book seems to crimes ix Kwangtung.

in a house in Spring Garden-Jane imply, leads to despair of any pro-

Mr. H. S. Fitzroy is for the last night. Crown. gress or to embitterment of the

Mr. Hip Shing-lo made three sub-missed all his money when he According to Anscombe, he relationships between Indians and Europeans, or to any weakening of missions at the outset of the caan awoke at 6 o'clock this morning. the joint efforts being made for the this morning. He submitted that Following certain information betterment of the people of India, the original arrest of prisoners was given by one of the female in- the result will be disastrous to both illegal and its illegality could be mates of the house, he sent for tested at as late a date as January the police and an European Ser-

India and the West.

"We have faith in India and 11, 1928, and secondly that al-geant searched the cubicle occu- India's future. We have faith that though the filegality of the ori-pied by the two accused and found she will be able, strengthened by ginal arrest and detention had been $35 hidden under the bed mat- the Spirit of God, to obtain deliver secured by proper legal process, the treas ance from these evils. We carnest-subsequent proceedings were irre-

The Magistrate decided that

ly desire that East and West should sular. He submitted that prison-Mawhorter did steal Auscombe's

Co-operate to this end in a spirit ers were just as fllegally in eus- of love and understanding. Our tody now as they were on January money, but he did so under the in fear in that this book may, by its that the Court hearing the applicador the bed mattress was ordered to

11. Mr. Lo's final submission was was imposed, and the 335 found

fluence of alcohol, A fine of $100

Jack of understanding, ita EX- aggeration and its unfairness, make tion of Habeus Corpus was entitl- such co-operation more difficult for ed to enquire into the circum-be returned to Anscombe...

stances of their detention of it was

both aldea. For this reason we

have felt impelled to issue this satisfied that, although the illegal- statement to the peoples of India ity of the arrest had been secured by proper process of law, its il-

The Polish Minister in Sofia b and to the missionary lenders in

[Quoted from the legality remained ineffective be with the Insignia of the Grand presented the King of Bulgaria the West." Wanchal Methodist Church Quar-cause of the technical

Polish Order of the White Eagle, warrant of committal a8 terly, March 1928. (Hong Kong.]

quent proceedings.

which had been conferred on his The criticising of Miss. Mayo's

Counsel claimed that the first ar- Polish Republic.

Majesty by the President of the book "Mothar India" by Dr. Mar-

defective

subse-

garet Balfour, Lala Lajpat Rai, rest was in respect of an extrad!-

Sir C. P. Ramaswami Aper, Mr. Ktion crime and that it was illegal without any information sworn

under the

Was

Natarajan, Editor, Indian Social Reformer," the Hon. Mr. G. A The right to deport must be distention of Mr. Lo that, assuming Extradtion Ordinance he termed the real substantial com Natesan, Editor

"The Indian Retinet from the right to extradite. the amended legislation to be ef view," Dr. Annie Besant, World Counsel claimed that there. President, The Theosophical So- evidence to show that the prison-titled the prisoners to discharge. fective, its effect nevertheless en- clety, Rev. Popley, Sir Rabin-

ers had not been detained for de- The position was this. The Chin other Church and public leaders are could the deportation Ordinance be been passed to give effect to the dranath Tagore, and innumerable portation. In no circumstances

ese. Extradition Ordinance had equally severs in their condemna used in conjunction with the Ex-Treaty of Tientsin which provided tion of Miss Mayo's book. Miss tradition Ordinance.

It was con- that criminals, subjects of China,

pair China's sovereignty; and Mayo la charged with freely in-trary to the spirit of the Habcus should be handed over from Hong that the term "indemnity" shall dulging in half truths and even Corpus Acts for the law to be used Kong upon requisition by the

antrathe without any attempt to for the purpose of legalising ar-Chinese authorities. verify them. Sir Rabindranath rests otherwise illegal such as if decided that the word "criminal”

be re-named "solatium." There

is, it will be observed, no further Tagore accuses her of "deliber-the case was one purely of extradi-not only signified

reference to "unequal treaties."

tion.

It had been

a person con

ate untruthful irresponsibility?" Mahatam Gandhi compares her book

victed of crime but also one ac- That the outrage was initiated to the report of a drain inspector. the Chinese Extradition Ordinance

Counsel also argued regarding cused of crime. by Chinese Communists under Dr. Margaret Balfour, practising of 1889 and the amendment to it The fundamental contention of

the influence of Barodin, Eugene Bombay, repudiates the untruthful in the local Ordinances. last year. Mr. Lo had been that as the Treaty Chen and their like is indubit-statements of Miss Mayo by con- If the case was taken under the of Tientsin was made to the then tributing to the "Times of India" old Ordinance the order of commit-Emperor of China, only his suc able, and no foreign observer of amongst others, some facts col-

tal was a perfectly correct one but cessora were entitled to retain the Chinese politics has ever had any lected by her during an investiga- assuming it a correct one, the re-rights as laid down within the doubt on that point, and, equally India. Miss Mayo stated in hering in the case. The Crown could the only successor to the Emperor tion into conditions of childbirth in questing party had no legal stand- Treaty, Mr. Lo had suggested that certain, no foreigner in the settle-book, that the Indian girl common not have it both ways.

of, China was the present day Re- ment of this or any other matterly looks for motherhood between

Mind Made Up.

public and Government of China and ha's ever wished to impair China's the ages of 14 and 8, and that, After Mr. Fitzroy had briefly re-that the British Government fure-'' sovereignty is equally certain, although eight is extreme, 14 14 plied His Honour said that he saw toning in place of the Imperial

well above the average of mother-no advantage to be gained in de- Government. Even more certain is it that for-hoqd. Dr. Margaret Balfour shows laying a decision ga his mind was Ilis Honour stated that this fur- eigners will readily agree to sub-records of cases of 304 Indian made up. A reviewing the damental contention was not sup stitute the term "solatium" for mothers, who were delivered of facts of the cis Honour came ported by the authorities bearing their first babies in Bombay hos-to the pointed by the defence. on international law. His Honour "indemnity."It is therefore pitals, and the average age was 18.7 Evidence liten received at alquoted authorities to show that the devoutly to be hoped that the years, there were only three hearing by

the Magistrate, evi- contracting parties to the Treaty оп the merits of Few events have been, of so negotiations will be speedily re-mothers aged 14, which was the deence

the of Tientsin were the State of youngest age. Dr. much promise in China's political sumed and finally settled, not be pares these figures with the reports Magistrate of the Governor's order and that the obligations between Balfour com- charge, before receipt by the Great Britain and that of China kaleidoscope than the desire ex-tween individuals, as in the case for the years 1922-24, of the signifying that requisition had the two would survive so long as pressed by Chinese leaders to of the United States' Minister and Madras Maternity Hospital, we been made for the surrender of the the two States remained sovereign fand independent states.. The have the regrettable Nanking in the Chinese authorities at Nan-2,312 mathers were delivered of prisonera.

In His Honour's view, this did status of China as an independent cident of last March satisfactori- įking, but between these author- their frat babies at an average age

seven not invalidate the proceedings be- and sovereign state had not been ly settled. Evidently they have itles and the representatives of mothers aged 13 and twenty-two fore the Magistrate. He accepted questioned, The undertaking to realised that it was utterly im the Powers interested, acting aged 14. Dr. Balfour shows the the view that it was open to the deliver up fugitive criminals had reports of 3,964. cases from other Maglerate to hear a case in ad- not been necessary to any one possible to expect that such a de-collectively, for obviously only in parts of India, including the North, vance of such order. At the same functionary in China but to any plorable affair could be either such manner can the question be of which only ten cases were below time, it had been the practice to person who should be fairly re- ignored or forgotten by foreign- fully and finally concluded.

15 years, and 13 was the youngest postpone taking evidence on the cognised as a legal Chinese autho

merits of the charge until the Gov-rity represented the State of China ers or that the Diplomatic Body

Yet, it is true that legislation, ernor's order had been received in that portion of China where his such as that of most of the Major and this was, in His Honour's view, Jurisdiction was exercised.

in Peking could properly resume

of 19.4. There were only

age.

normal political relations with CORRESPONDENCE. Indian States, in raising the age the better procedure not only be The Inhabitants of Kwangtang

Chinese authorities until some-| thing concrete was at least at- tempted towards a settlement of the unhappy incident. Whether

immaterial;

IN DEFENCE OF TRUTH.

ITo the Editor of the "China Mall.”]

Sir, I gather from the March

by Rejoinder

K.

of consent is "badly needed," and cause it was more methodical but were still members of the State of It is well here to note that the because the Magistrate was in a China and they would have a leg Indian States do continue to raise better position to form à decision timate grievance if their rights the age of marriage; the latest of without having the merits in mind. under the Treaty were disregard- these is Rajkot, where the People's With regard to the form of the fed. In His Honour's view the or no they took the initiative is number of the "St. John's Cathe Representative Assembly has pase-order for committal, this was in obligation in respect of fugitive dral Notes" under the heading ed a Bill penalising all marriages accordance with Form 5 in the criminals so far as applied to the all-important "Diocesan Library," that it was below the age of 15 for the bride-schedule attached to the Ordin- Kwangtung remained part of the point being that they have ex-decided on February 16 to immegroom and 15 for the bride. The ance. This form, owing possibly Chinese state.. whatever political pressed a desire for a settlement. diately purchase for the Diocesan age of consent has been fixed at 16, to a small oversight in draught-relations between portions of

I do hope with the Hon. Mr. manship had not been amended in China might be.. True, what has since transpired Library 21 books, amongst them

also Miss Mayo's book "Mother G. A. Natesan, Editor, "Indian accordance with the Ordinance. Mr.. It was obligatory on the Hong has not been so satisfactory as India." I herewith must express Social Reformer," as he says in the Lo had submitted that it was in-Kong Government, in His Honour's had been hoped, but it is probably my public protest against the introduction to the recent book valid in that it did not refer in view, to entertain a requisition too much to expect that the Chin- placing of this notorious book in "Miss Mayo's Mother India-A terms to the amendment of the Or- from a local Chinese authority and Natarajan dinance and because it did not set so far as the Ordinance provided ese would be able or willing to any Library in Hong Kong, owing (Madras)," that this exposure of ant in full particulars of the crime machinery for that purpose the Or

to its poisonous and harmful na- transact the affair without show-ture. This book, although it has "an atrocious injustice to an an- In respect of which the fugitives dinance must be upheld as valid. ing evidence of characteristics appeared only quite recently has clent people" will go to some extent stood committed. His Honour held Whether the name of Chinese essentially Oriental. Their inclu- evoked a tremendous storm of in- at least in removing the malignant that the validity of the Form was authority represented a Chinese sion of at least one subject dignation and protest by Christian contagion of race hatred, that has provided for under section 17 but state or not seemed to him not to and other Church and public land, been propagated by Mian Mayo's at the same time he thought that be a matter for this Court but for wholly irrelevant, namely, the so-ers in East and West alike, by all book.

the learned Magistrate would exer- the Executive Counell. Thanking you for the courtesy of clse the widest caution in such called "unequal treaties," is prob- of whom it has been condemned as

cases in adding to the description His Honour held that the Ory ably natural, in the circum- misleading and destructive, I

of the crime a atatement as to its dinance as amended did in fact stances, as otherwise the incident, trust that the book in question will

[place and date,

provide the machinery for carry- be withdrawn from circulation and considered alone, tells hopelessly not receive a place in the Hong

ing out the Treaty obligations of Ultra Vires?

the British Government and in no against the Chinese, no matter Kong Diocesan Library as intend-

Mr. Lo had held that the amend doing the legislature had done no from What cause or causes it ed or any other Library. In Hong

ment of 1927 of the Chinese Ex-thing that His Honour could say, tradition Ordinance of 1889 was was contrary to the terme of the arost. It is regrettable that, the Kong. British Minister seems to have In support I may state, that the FALL IN ICE HOUSE STREET. ultra vires in that the amending Treaty and as far as this contem

International Misionary. Council

Ordinance had been passed with- tion went His Honour held that it taken the Chinese se seriously on in London has received from the Chief Petty Officer Trucbridge of out the compliance of the Royal in- did not avail the prisoners. the point, for obviously it could, National Christian Council of India H.M.S. "Seraphis" was Admitted to structions. Bis Honour, held that His Honour also held that it was without much difficulty, have a statement laaned by its execu- the Royal Naval Hospital at 10.88 this was not sufficient to invall not necessary for the fugitives to been copt with. This is now tive regarding Miss Mayo's book yesterday morning suffering from date it. Royal assent had since have been actually charged in ***Mother Indis. All suggestions Infuries received as the result of a been given validating, the amend China and, after dealing with other made perfectly clear by the Chin- that the book was promoted with fall in Ice House-street when he hit ed Ordinance from the date of its points raised on behalf of prison ege authorities' latest statement Interests of missionary propaganda his head against a stone pillar out commencement Muters, be adjourned his delivery of His Hamour, then came to what the judgment until this afternoon. regarding the subject

are repudiated emphatically. The aide the King Edward Hotel

publishing the above, I am,

Yours, etc.,

HEBBERT E. TIANEPART. Hong Kong, April 1, 1928.

*