CO129-410 - Governor Sir May - 1914 [3-5] — Page 60

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59

Documens. No

Motion for Habeas Corpus:

Chung Sau Nam

committed for surrender under 4

charges.

Larceny and/ or embezzlement of money or cheques for

$150,000, alleged to be the property of the Provincial

Government of Kwong Tung: alee for larceny of a certain

book.

Grounds:

First, general and most important:

Martial

Existence of zaberiet law in Kwong Tung should

render extradition impossible.

Secondly, for legal reasons;

a. That this was a political offence; and if any

offence was committed it was against the

Central Government which is not asking for

the surrender or authorising it;

b. that there is no property in the Kwong Tung

Government as alleged; and that the fugitive

was not a servant of the Kwong Tung Government

as allegedi

c. that there was no proof of chinese law applic-

able to the offence, nor any specific charge

made under Chinese law;

d. that the facts did not amount either to larceny

or embezzlement in English law;

e. that the fugitive had set up a bona fide claim

of right in this Court; and therefore that

there was neither larceny nor embezzlement

in law;

f. that there was no case at all either on the

facts or in law;

g. Generally, that the magistrate had no juris-

diotion to commit.

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