1929-06-24 — Page 8

MONDAY, JUNE 24, 1929.

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EXTRADITION ŁAW

"DEFENCE AND PROOF

OF GUILT

MAGISTRATE'S DECISION

THE

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On London. Bank, wire Bank, on demand The extradition case against Ip Bank, 30 days sight Tim, whose surrender is being Bank, 4 months' sight sought by the Canton authorities. Credits, 4 months" for alleged robbery and kidnapping

sight... in Tzekam village, Wuchow district, Documentary 4 monthe' in Chinese territory, in March 1926,

Bight was concluded at the Central Magis- tracy on Saturday, when Mr. E. W. Hamilton decided to commit the fugitive to the Victoria Jail to await the further order of Hie Excellency the Governor.

On Paris On demand Credits,

sight

1/11 - 1/11 3/16

This was the case which drew on demand

On New York- such a lot of argument from both

On demand Mr. Hin-shing Lo, defending coun-Credits. 60 days' sight 48% sel, and Mr. J. R. Andrewes, assist-

On Bombay--- ant Crown Solicitor, that, at the close of the last hearing his Wor- ship reserved his decision, remark-On demand ing: "I am smothered by a smoke- screen of cloquence."

Text of Judgment

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the Governor. In point of fact, a requisition was received, and the On demand consequent Governor's' order and Gold Leaf, 100 fine

(per tacl) certificate were produced and the order to the Superintendent of Pri- Sovereigns sons (Form III of Ordinance 7 of 1889) was issued before any deposi- Silver (per oz.) tions were taken except for the Bar Silver in Hong

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Mr. Hamilton on Saturday read bis written decision as follows:

In this case learned counsel has raised two points of law and one on

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March 20. It is true that this Copper Cash requisition did not specify the par- Copper Cents

the Rate of Native In- ticular crime Crown proceeded, but in my opinion

which on

terest .... ... 7% p.a.

this point is covered by the dictum Chinese Sub. Coin....29% dis of Manisty, J. in Pilot's case (16 Hong Kong Sub. Coin Par. Cox 208). "You find the facts in

the depositions and act in the warrant."

days a captive in Ip Tim's house. The Proceedings Good Even however if this was insuf.) Lo Sau-sam who was robbed. He has admittedly known Ip Tim ficient a correct requisition arrived all his life.

He corroborated the before the case for the prosecution constable in saying no photo was had closed. On this alone I hold

taken. (d) Wan Po a chance

the proceedings are goed, on the visitor to Shek-ma-kek and (e) authority of a judgment of Mr. Wong Chiu a farmer who was in the Justice Wood's in the case of Un fields near Shek-ma-kok and saw Kia and Un Fat, fugitive prisoners, fugitive whom he knew which clearly upholds the point (Hong Kong Law Reports Vol XXIII, Part I, Dec. 1923, p. 37 at top).

I therefore have no doubt but that learned counsel's submission this ground must fail.

OD

"Foully Perjured" Now I know none of these wit nesses. Nor do I know either fugi- tive or his two witnesses who pur- port to prove a complete alibi, or his two witnesses who Bay two Crown witnesses are not what they It was furthermore satmitted that pretend to be. It is quite obvious in the preamble to Ordinance 7 of 1839 the words "on proof of their that one side or the other is foully guilt require stronger evidence perjured. I see nothing however than that which would justify the that leads me to decide which side committal of the fugitive criminal is obviously perjured.

It therefore appears to me per- for trial at the Supreme Court if

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the crime of which he was accused/fectly clear that there is such a case Sandakan Lts..

bed been committed in the Colony. It is an old pott. In the above quoted case Mr. Justice Wood (p. 89) clearly sets this aside.

Not to Judge the Fugitive

ав

to

commit

would lead me the fugitive for trial to the Supreme Court were this a local committal

case:

A

I therefore commit the fugitive to the Jail to await the further

hereby

I have therefore solely to be gov-order of H. E. the Governor, and as erned in my action now by Sec directed by section 10 Sub-Section 2 tion 10 as. 1 of Ordinance of 1889 of Ordinance 7 of 1889, Let me once more repeat I am not inform him that he will not be here to judge the fugitive. I have surrendered until after the expira- but to decide whether or no there is tion of 15 days from the date of a prima facle case such as would this committal and that he has a be sent to the Sessions in a local right to apply to the Supreme Court committal case. -.

for a writ of Habeas Corpus.

I will first deal with the question of the photograph.

It is

“RADIO NIGHT”

CRAIGENGOWER C.C. NOVELTY:

"ALOHA SERENADERS"

of a twofold nature. The fact that the Crown witnesses had seen a photograph ap-country, disposes of But the identification parades. this to my mind is of ne importance.. The witnesses were not identifying a chance-seen stranger, but a man who had lived, most of his life in the neighbouring village and whom

A novel form of entertainment they knew well. If I believe them

successfully tried the at all; I believe their dentification. was. Again on p. 251 of Clarke on Extra-Craigeugower Cricket Club on dition it is stated "The Magistrate Saturday, when a large gathering must first be satisfied that the per- of members of the Club, together san brought before him is the per- with their families and friends, at- BOR against whom the foreign tended a very enjoyable "Radio warrant was jasped. This is the Night." The nightly programme foundation of his jurisdiction...", broadcast by "Z.3.W." was received In this case the requisition corres-on the Club's radio set, and amplified ponds to the foreign warrant and by a loud speaker, was clearly heard whom does it name?-Ip Tim. But all over the Clubhouse and in the the fugitive himself admits he is grounds outside, where Ip Tim

H

many

couples indulged in an impromptu The Photograph Question dance in the cool evening breeze.

"After the "close down" the enter- The only point in the photograph question is the question of whether tainment was continued with It was taken after arrest or no. If an excellent programme of dreamy that had been proved, the credibi-Hawallin music supplied by the lity of the Crown witnesses wou'd well-known and pogular "Aloha have been hopelessly shaken Serenaters," and it was late when But it was not proved. It the gathering dispersed after spend seems clear that on May ing a very happy evening. 29 the defence new of a The usual Craigengower hos photograph but did not know pitality was again very much in of the suggestion that it was taken evidence throughout the evening, after arrest until the re-examina the visitors being royally treated tion of Lo Bam than by Mr. Delightful accommodation for all Andrewes. But even thereafter) was provided at tables and chairs in they made no attempt, as far as the grounds and on the Club know, to produce winesses of this verandah. though at that time they must have buen availa

is no evid ence whatever th

wes teken et

remitte

and kkoop

photo

Every one voted the "Radio Night success and the hope was express more will be arranged dur

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LESSON-SERMON

FIRST CHURCH OF CHRIST, SCIENTIST, HONGKONG

"Is the universe, including man, evolved by atomic force 7" was the subject of the Lesson-Sermon in all Churches of Christ, Scientist on Sunday, June 23.

The Golden Text was "Behold, God exalteth by his power: who teacheth like him? Remember that thou magnify his work, which men behold" (Job 36 22.24).

Among the citations which com prised the Lesson-Sermon was the following from the Bible: "Thine. O Lord, is the greatness, and the power, and the glory, and the victory, and the majesty for all that la in the heaven and in the earth is thine; thine is the kingdom, O Lord, and thou art exalted as head above all. Both riches and honour.come of thee, and tho reignent over all; and in thine hand is power and might and in this hand it la to make great, and to give strength unto all (I Chron 29:11-12).-

The Lesson-Sermon also included 9 following passages from the

jerice

book

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