CO129-166 - Public Offices & Others - 1873 — Page 127

May 1871 should be reversed, und

that there should be no

Appeal.

Corts

of

the

I bey to send copies of their

Lordships Sudgment.

I have the honor to be My Lord,

Your Loudsteps most;

obedient and humble servant,

7. Adyhe

D

125

6772

Judgment of the Lords of the Judicial Com- mittee of the Privy Council on the Appeal of the Attorney-General of Hong Kong v. Kwok-a-Sing from the Supreme Court of Hong Kong: delivered 19th June, 1873.

Present:

SIR JAMES W. COLVILE. SIR ROBERT PHILLIMORE. SIR BARNES PEACOCK, LORD JUSTICE MELLISH.

SIR MONTAGUE SMITH.

THIS is an appeal by the Attorney-General of the Colony of Hong Kong, from a judgment of the Supreme Court of that Colony whereby the Respon- dent, Kwok-a-Sing, a Chinese coolie, who had been brought before the Court by writ of habeas corpus was ordered to be released from custody, and an order made thereon dated the 18th April, 1871, and also from a judgment and order of the same Court, dated the 22nd May, 1871, whereby he was again ordered to be released from custody. The first writ of habeas corpus was issued on the 7th February, 1871, and was directed to the keeper of the gaol at Victoria, Hong Kong. The return to the writ was dated the same day and set out a warrant of a police magistrate, which was as follows:---

"Whereas the above-mentioned Defendant was on this date duly convicted before Charles May, Esquire, one of Her Majesty's Justices of the Peace for the said Colony, for that a communica- tion having been received requiring the rendition of the Defen- dant, nu behalf of the Chinese Government as a subject of China, who has committed certain crimes and offences against the laws of China by participating in the murder of a portion of the crew

B [355]

73.