1931-08-24 — Page 12

Sole Agents:

7

The

The Caravan. China Mail.

ARCADE, PENINSULA HOTEL.

FETTE PEKING RUGS

CENTRAL

SEE THEATRE HEAR

TO-DAY & TO-MORROW Daily At 2.30, 5.10, 7.16 & 9.20 p.m.

Fearless and Free-

he rode the trail of ad- venture.

George. O'Brien in great drama of good shots in bad lands, of lone here with his horse and dog-and of a girl he rescued!

FAIR WARNING

Fox Movietone

Outdoor Romance

directed by ALFRED WERKER

Louise Huntington

Michell Harris

George Brent

Nat Pensición.

FOX

MOVIETONE

PICTURE.

with Ag GEORGE O'BRIEN

COMMENCING WEDNESDAY

A PARAMOUNT - SUPER - PRODUCTION

Exciting Revelations in

Society Love Tan, e following shooting of 'New York's Wealthiest

Young Bachelor.

CLAUDETTE COLBERT FREDRIC MARCH

Honor Among Lovers

Screendom's most exquisite brunette' 1. The brilliant star of Royal Family of Broadway!” amashing drama1 Made by outstanding woman director =

DOROTHY ARZNER

ESTABLISHED 1845.

HONG KONG, MONDAY, AUGUST 24, 1931.

CASE OF POLITICAL been actually commenced and re- the Imperial Parliament revived

REFUGEES.

(Continued from Page 1.)

Presenting his argument, Mr. Jenkin said that he would first of all make a summary of his points, which he would argue in respect of both Orders. He would divide the argument under two heads, which he might term political and non-political grounds,

"Executive" Defined. "In the course of my submis- sion I shall refer frequently to the 'Executive. By that term I shall include the Governor, the Governor-in-Council, and also His Majesty's Government in Britain. I do that for the reason that in the two letters read by Your Lordships, and written by the Crown Solicitor on August 13 and 14 respectively, there is the clearest indication that the Local Government will not act without. the authority of His Majesty'a Government. Furthermore, it will be within the recollection of Your Lordship the Chief Jus- tice that when the Attorney- General applied for a date for the hearing of this matter he stated that he was under express in- structions from His Majesty's Government."

Political.Points.

Mr. Jenkin then submitted the points of his summary, which

were:-

sulted in a discharge..

Non-Political Points,

The non-political points put for ward by counsel were in support of an argument that the second Order was bad, as was everything done under it, because-

the power of axpulsion, but it was Important to note that they at once put on the Statute Book as part of that Act a prohibition against the expulsion of anybody for, a political offence. Thereby they perpetual- ed the stand taken by the then (a) In issuing the first Order British Foreign Minister, Lord the Executive exhausted Its power Clarendon, in 1858, in connection to issue any further Deportation with an attempted assassination by Order against this applicant, at a man named Orsini. Lord Claren- the present perion.

(b) The second Order was issued during the currency of the first one. There cannot be two separate Orders outstanding at the same time, for the same purpose.

(c) The issue of the second Order before, instead of after, the applicant's discharge on the first Order, is a subterfuge to avoid the pitfall of again arresting for the same cause a person discharged on habeas corpus.

don had then said that there was "no consideration on earth which could have Induced the British Parliament to pass a law for the extradition of political prisoners."

"Unfortunately, Lord Clarendon. could not have conceived of the exigencies of the Great War," sald counsel.

"Because the Imperial Parliament, at a time of very grave national danger, in 1914, by the Aliens Restriction. Act, passed the day after War broke out, hand- (d) The second Order can bead power to the Executive, were it willed, virtually to hand back made only if the Governor-in-80

politice! A

refugee under Council considers it conducive to the public good, and in this case the process the making of the second Order was Although that Aet not impolled by any such considera-limited period, it is now continued from year to year by the Expiry tions..

the

tirae

of deportation.

was. for

а

(e) The Order, was not made at Act,

"The position at Home was that a duly convened or constituted meeting of the Governor-in-Council. the Extradition Act of 1870, which (f) The improper interrogation expressly forbade the surrender of by the Secretariat for Chinese political refugees, was an Imperial Affairs Invalidates

second Act, and it is obvious that Order, as well as the first.

the Imperial Parliament could repeal or Mr. Jenkin, after making his at any points, thanked Their Lordship nullify an earlier act of its own. for noting them down so carefully. Therefore, although the Extradi- He wanted them to be on Their tion Act prohibits the surrender of Lordship's record In case "a matter political refugees, the Imperial of this moment should go else Parliament, by the Act of 1914, did where."

indirectly suspend, the policy of Mr. Jenkin went on to submit the Extradition Act because of the that the Court would jealously grave conditions prevailing through- guard the rights of political offen-out the civilised world at that time. "One can readily see, therefore, ders living under the protection of British laws, whatever their na that in the Chateau Thierry ease, tionality, and would prevent a the Court was in a position to say msuse of executive power.

that even if the applicant was In Counsel went on to quote cases in fact a political refugee the Im- support, with particular reference perial Parliament had, by the Act to the effect in Great Britain of the of 1914, in effect given them power Allens Restriction Act of 1914, (to deport).

Not Applicable Here. passed the day after War broke out. He made the submission that "But In this Colony or in every in none of these cases did any of Colony, where the Act of 1914 has the applications of principles by the not been extended, the position is Courts make any distinction be entirely different. The Executive.. tween aliens and British subjects, cannot by anything it does, take. He also contended that by the laway the fall force and effect of present Order something illegal the prohibition contained in the for Indo-Ching are invalid, and was going to be done, because what Act of 1870." mask an illegality.

Political-1-The Courts have jurisdiction to prevent misuse of executive power. This argument will apply to both Deportation Orders. The Orders are invalid that there is an abuse of the powers conferred upon the Local Executive. The Order is asham in that under the cloak of deportation the Executive is in truth attempting to surrender the applicant to the French authori tics for an offence of a political character.

2-Even if the Orders them- selves are valid in that on their face they do not disclose this duplicity, the subsequent ship ping orders (to use that phrase comprehensively) of the Govern- ment, that the applicant shall be shipped on a French ship bound

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AMISEMENTS

was permitted by the AHens' Re- Answering the Chief Justice, Mr. 3(a) The object of the De- striction Act of 1914, In Britain, Jenkin said that his submission that portation Ordinance is deportaas expressly forbidden in this there was no local Ordinance which tion pure and simple, or the get- and other Colonies. "Both the was capable of being construed to ting out of the Colony of unwel Deportation Orders hore have a the effect that a political refugee come guests.

purpose behind them which I'allege could be handed back to a country is illegal, as is also the shipping with whom there are no extradition order under them.”

arrangements, or to a country,} which although there are arrange- mente, has made no application for the handing over Such a premise would lead to the graveat possible abuse, particularly in the case of countries where there was such an arrangement.

"The Courts in England," counsel added. "have, clearly declared that they will not hesitate to interfere if there is any evidence before them of misuse of executive power." "

Referring to what was known as the Chateau Thierry case, counsel said that power had been granted

(b) If there is any provision in the Deportation Ordinance capable of the interpretation that it allows thle course of conduct on the part of the Executive, it is wholly vold and inoperative, by reason of the Colonial Laws Validity Act, 1865.

(c) The reason for this is that if such a provision, exists it is in direct, conflict with the Imporial

Nó Power of Legislation.- Extradition Acts, which are part there to deport a man on a speci Mr. Jenkin repeated that short and parcel of the laws of the fied ship. But there were cir of an Imperial Act being extend- Colony, and binding on the Execu- cumstances In this cast which ed expressly to this Colony no- live.

on the Exech would defest any argument-based

(d) These latter Acts in most express terma forbid such a courda an is now being taken by the Exocu- live in sending the applicant to Indo-China for an offence of a poll Heal character.

4The proviso to Section 6 of the Deportation Ordinance cannot avall the Executive, although it is

upon that ruling.

thing the Executive could do would permit an Ordinance being passed Briefly outlining the history of here which contained a provision extradition in England, Mr. repugnant to either the express Jenkin said that up to 1905 there terms or the clear apirit of the was, for all practical purposes, no Extradition Act of 1870. That was power to deport anybody at all. equivalent to saying that the Legis There was on the Statute Book a lature here were not in a position few very exceptional cases in which to pass such an Ordinance. In it could be done, but the right of fact, they were expressly prohibit

argued here by the Crown that it expulsion was for all practical pured by Imperial Parliament from poses treated as non-existent passing any. Ordinance giving such

In 1905 by the Allers Act of powers,

expressly permits the proposed course to be validly taken sxcapt when, extradition, proceedings have

that year,

Edward VIL: Cap. 18 The case Is, proceeding.

VATREN 105

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AT THE

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TO-DAY TO WEDNESDAY At 2.30, 5.10, 7.15 & 9.20. HE GOT A GIRL and

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But he didn't even own the

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William

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in the

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from the

stage hit.

A TAILOR MADE MAN

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