CO129-410 - Governor Sir May - 1914 [3-5] — Page 92

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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(d)

That no evidence was given before the magistrate of the

Chinese Law applicable to the offences contained in the said Requisitions ner that the said alleged offences ameunted in fact to offences against Chinese Law.

(•) That the existence of the alleged Province of Kwong Tung and the capacity of such alleged Province to held property had net been prevedé

(r)

That the evidange showed that at the time the alleged offences took place there was a de facte government in the said Province independent of the Government of China, in which said independent and de facte geverament the property ( if any

1

the ferner Province of Kwong Tung ( if existing 】 was vented at the time of the commission of the alleged offences.

(g) That the evidence showed that the noneys taken by the Appellant were taken under circumstances which show that the Appellant oläimed such moneys against the present alleged Govern- ment of the Province of Kwong Ting as of right and that therefer the facts did not amount te larceny.

(h) That even assuming the existence of the said Province of

Kwong Tung had had an umaltered and contineus existence during all times material to the present charge the facts preved before the said John Roskrudge Wood in connection with charges 1, 2 and 4 did not amount te orime according to the law of Hongyang. (1) That the said John Reskrudge Toed in exercising his disore- tion as to whether a strong and probable presumption of guilt had boon made out against the Appellant considered statement. made by a witness not properly given before him.

(1) That it was further proved before the magistrate, the said John Roskrudge Wood, that the said Province of Kwong Tung was

sublect te martial taw and it was centended on behalf of the

Appellant that no extradition could be granted from Hongkong te

(5).

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