Within this belong one other important point that was raised by Mr. J. J. Franas (who were at that time the Attorney for Krok a ding) was that the Ordinance was a dead letter.
By Ordinance 2 of 1850, all treaties made previously to the passing of the Ordinance had been abrogated or put an end to by the war between England and China in 185g, and Mr. Francis argued that the Ordinance could not be considered to be revived or to apply to the cases where rendition was claimed under the Treaty of S[eg]tin negotiated after the war.
The question of what was "a prima facie case" was not raised. O.M. 10 Cans Le 220, prima facie "probable cause" was argued, and there was no binding judicial decision as to what was sufficient to justify the Magistrate in saying that a prima facie case had been made out.
The words "probable cause for believing that the said person has committed such crime or offence" were the legal equivalent of the words "guilt" contained in Ordinance 2 of 1871, the latter Ordinance not affecting the decision as it was passed after Mr. Frasers'...
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Page 13
within this bolong One other
portant point that
Was
raised by
Mr. J. J. Framas whe
Franvas who were at that
time the Extorney for Krok a ding
Wa
Avas
that the Ordinance
a dead leeter
هن
2 of 1850
all treaties, made
previously to the passing of the
Ordinance had been abrogated of put
+
an end to
England
ما
від
the
war between
and blime in 185g and
Mr. Francis
argued
stat the Ordinance
could not be considered to be revived
、
to
apply to the cases where rendition
was cloinned under the Treaty of Sicutin nofotiated after the war The
question
question of what was "a
#1
Chor
what
was
to ao
not raised
O M
10 Cans
Le
220
prima facie
"probable
cause
argued and there
,,!
binday judicial decision
as to what
Pufficient
ما
justify.
the Enagistrate in saying that
prima facie case had been made
out
Cause
that the words
probable
for believing that the said person
has committed such crime
༥
offence
legal equivalent of the words
the
M
foot of
strein
"quilt "contained in
Ordinance 2 of 187, the latter Ordinance
not affecting the decision bonnent as it was
of the Privy passed after Mr.
Fravers
12
13
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