CO129-410 - Governor Sir May - 1914 [3-5] — Page 91

1

[

**

90

+

VA

Lates

•

❖ ས c མ

་ ་ +⪜ [

·

[

n

+

1

4

די

སྤྲ་; ༞

**)

(7)

(8)

such Province independent of the said Republlo that the said Chan Kwing King thereafter oarried on the Government of Kwong Tung

as a government independent of and not in any way subordinate to the authority of the Government of the Republic of China and that in so carrying on the said Goverment he starsised all the usual and nernal fumotion of the head of a de facte independent Govern- ment. It was further proved that the said rebellåda was finally suppressed and that the said Cham Kwing Wing fled from China and the authority of the Government of the Republic of China wÀY re-established in Kwang Tung. It was further proved that the

acts constituting the crime alleged in the said Requisitions teek place during the time when the said Chan Kwing Ming was carrying on the Government of Kwong Tung independently of the said Govern- ment of the Republic of China.

On the 10th of January 1914 the Appellant obtained a rule misi for the issue of a Writ of Habeas Corpus against Charles McIlvaine Hesser the Superintendent of Victoria Gael calling on him to show cause why he should not bring the body of the Appellati before the Court for his discharge which rule was heard by the Full Court of Hongkong sitting in its Original Jurisdiction on the 26th day of January 1914 and certain days following.

On the haaring of the said application before the Full Court the following contentions were raised on behalf of the Appellant:- (a) That there was no evidence before the Magistauta tha said John Reskrudge Teed giving him jurisdiction to issue the Tarrant for the surrender of the Appellant.

(b)

ong hias sat ni

That the evidence showed that the offendes alleged in the sald Requisitions were, if they were preved, political offences

(0) That it had not been shown that the Appellant had as

required by the Chinese Extradition Ordinance No. 7 of 1887 been

acoused in China of a crime against the Law of China.

mp4

(4)