CO129-410 - Governor Sir May - 1914 [3-5] — Page 51

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(Exhibit 17) and having regard to the fact that the fugitive did not assume duty in the Canton Treasury until "the 27th. or 28th. July" (see evidence p.35), would incline to the view that the fugitive never took service with the Kwong Tung Government at all. Should the jury arrive at this conclusion, it will then be open to them to convict the fugitive of embezzlement as a bailee of money received from the Kwong Tung Government. The contents of the order (Exhibit 7) are evidence against the fugitive of the purpose for which he was entrusted with the two cheques.

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I am asked to commit the fugitive for surrender on

4 & 5.

the four charges Nos. 1, 3,

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The Counsel for the fugitive has claimed his discharge

on several grounds, which will now be considered.

In the first place his discharge is claimed on the

ground that the property concerned was not in fact on the

4th. August the property of the Kwong Tung Government, alleged by the Crown. This submission rests on the contention

that on or about the 21st. July the Kwong Tung Government

came to an end and was succeeded by "Something else", and

that this " something else" containing "a germ of independence,

through making effective seizures of public property acquired

in succession to the Kwong Tung Government, certain rights,

which remained valid until that "Something else" was in its

turn superseded.

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Is there evilence that the Kwang Tung Government came

to an end on the 21st. July ↑ It has been shown that on that

date Chan Kwing Ming, then Governor General of the Kwong

Tung Province issued a proclamation (Exhibit 21) announcing

that the President Yuan Shi Kai was a rebel against the

Republie and that it was his own intention "to impeach and

punish the said Yuen Shi Kai". It has been shewn also that

the President on the 26th. July issued a proclamation (

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