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السلام
$5, L.J., Ch. 7, it was decided that where the Confederated States of America had sent, goods held by them as public property to England under a contract that the nited States could not after the Civil War was over tepudiate the contract and recover the goods.
Now. can it be contended than Chan Kwing-ming's action ever established a de facto government at all? Was there only final success to constitute Independence as distinguished from rebellion? Was there! any suppressed and displaced anthority?". In my opinion there was not. The evidence). so far as it goes shows that during the"]| fortnight in question payments were made into the public Treasury as usual, the governmcat officials remained in their offices! performing their duties as usual, and as the. Magistrate I think rightly observed. "tle. one act of administration which can b claimed by the rebel Governor-General is that he depleted the Treasury." And the mast I think could be fairly contended is hat the possession as distinguished from the ominion of the property in question was in the rebel Chen for the period in question.
The eircumstances are clearly and wholly different from those under consideration in McRae's case and Prioleau's case, and As there is no real analogy between them. to the question whether as a fact the alleged rebellion was put an end to by the Central Government or by the Provincial authorities in the view which I take of the case, i,t, of the failure to establish the existence of a de facto government, it becomes unnieres- sary to determine.
I should, however, add that evidence was tendered by the Crown which bears on the status of the Tutuh of Province. Referring to the Proclamation of Chan Kwing-ming -en official of the Government of the Province of Kwangtung who says in his affidavit, Che bas been deputed by the Governor-General of the said Province to take charge of the extradition proceed- ings,"
further states
follows: I have seen exhibit 21 put in in the Police Court proceedings, being the Proclamation issued by Chan Kwing-ming; the word. used throughout the Proclamation translated AS Province is a word which essentially indicates territory subordinate to the Republic of China and could not indicate an Independent State. It is quite distinct from the word
which would have baan used had an Independent State been referred to or intended. Furthermore, the
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expression “大都督” 都 T'espec-
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tively trauslited as Graud Tana and Tutus essentially indicate a Governor of a Province subordinate to the Central Republican Government. They are quite distinct from the words which would have been used had the office of President.been referred to or intended and which is the same word which has always been need to indicate the President of Foreign Republics such as the United States of America and France."
It also appears at the time (21st July) when Chan's Proclamation was issued that Yuan Shih-kai had not in fact been instated as President. His order (Exhibit 17) dis missing Chay some tive days later is headed "Order of the President pro tem.." and I think there to much in the contention that Chan's Proclamation was mainly directed "to impeach and punish Yuan Shih-ksi "* rather than to declare independence from the Republican Government of China. Whatever view, however, may be taken of Chan's intention it is in my opinio demonstrated that the attempt to establish independence wholly failed.
I now pass to the second branch of th- subject, what was termed "the non-recogni tion argument.” The Crown alleges the property to be in the government of the Province of Kwangtong, and it is contended that the Crown mist show the existence of the Province of Kwangtung in such a man- ner that the Court can take judicial cogni- sauce of it. I may observe as a fact that the Court has now extended powers of amend.. ment of a criminal trial in a misdal
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