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THE CHUNG SAU NAM EXTRADITION CASE.
JUDGMENT OF THE FULL COURT.
At the Full Court yesterday the Chief Justice. Sir Wm. Rees Davies, K.¤., who sat with Mr. H. H. J, Gompertz (Puisne Judge), gave judgment in the motion heard by the Full Court in connection with the alleged embezzlement of $150,000. the property of the Kwangtung Govern- ment. by Chung Sau Nam.
Sir Francis Piggott, along with Mr. Alabaster (instructed by Mr. W. B. Hind and Mr. G. K. Hall Brutton), mada application for a writ of Habeas Corpus, arising out of the Magistrate's decision in connection with the trial, and the application was opposed for the Crown by Mr. E. H. Sharp, K.C., Mr. Eldon Potter, and Mr. F. C. Jenkin (instructed by Mr. R. F. C, Master, of Messrs. Johnson, Stokes & Master).
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His Lordship the Chief Justice deliver ed the following judgment:—
In the matter of Chung Sau Xam, a person detained in Victoria Gaol. These proceedings in Habeas Corpus are directed against a committal by a Police Magistrate of this Colony of the fugitive criminal for extradition under Section 10 of the Chinese Extradition Ordinance 1889. That Section is based on Section 10 of the Extradition Act of 1870.
Before coming to the facts, it is desirable to state the position of this Court in relation to the decision of the Magistrate under the Section
nated, There Rre abundant authorities to show that this Court is not a Court of Appeal from the Magistrate's decision on the evidence. The Court can only on an application for Habeas Corpus entertain the question of the Jurisdiction of the Magistrate to commit, namely, whether the crime is an extradition crime or whether it is of a political character and whether there was any evidence upon which the Magistrate can commit (ez parte Siletti 18 T.L.R.. 771, and see also R. v. Guerin, 60 L.T. 535. . . Buyuet, 29, L.T., 41, R. v. Maurer, 10 Q.B.D., 513, In re Arton, 1896, 1. (.Q.B., at 518).
The fugitive at the time of the alleged offinoms was superintendent ("Kam Li" of the Canton Treasury and Chan Kwing-ming was then Governor-General (Tutub). On
4th August the Tutuh issued an order in Chinese under his signature addressed to the Commissioner of Finance, Treasury. the translation of which is as follows:-
"Please at once pay in foreign notes two hundred and fifty thousand dollars and remit to Shanghai to be sent in turn to Nanking to be used as Military expenditure. This is the order,"
This order was received by the fugitive, Chung San Nam, was brought by him to the Treasury and $150,000 was paid to him and his receipt and seal or chop affixed to the * order. There was also a paying-out slip made out by an official of the Treasury which was sealed or chopped by the fugitive. The reason for the order being honoured to the extent of $150,000 and not $250,000 is that there was not sufficient money in the Treasury to meet it. The payment was made by two cheques, one on the Hongkong and Shanghai Bank at Canton for $100,000 and the other for $50,000 on the International Bank at Canton. It appears, then. From the affidavit of the fugitive dated 18th October, 1919, and made in a civil action.pow pend- ing, that he subsequently obtained drafts on hang and Internation Bank in for the two sums of money from branches of the two Banks
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