CO129-445 - Public Offices - 1917 — Page 416

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report of the 17th instant), it was decided en behalf of

the Crown that, while the affidavits produced could not b

regarded as proof of Won Tip's claim to have been born i

Hong Kong, the case need not be contested further. The

Deportation Order was accordingly withdrawn on the under

standing that a fresh Order might be made if the Home Of

found good ground for disputing the evidence submitted te

the Court.

The Chief Constable of Liverpool believes

that Won Tip was in fact barn at Lum Tower, Canton, Chin

and not in Hong Kong. Won Tip was in custody in Liverp

in January 1907, September 1908, February 1912 and Octob

1913 en various charges, and on each of these occasione

gave his birthplace as China, and in December 1908 statel

that he was born in Canten. It was not until the Aliend

Restriction Order came into force that, following the

usual practice of Chinamen when there is any risk of the

being expelled ar deported, he gave his birthplace as Ho

Kong. On the occasion of a stummons in 1915 for an offei

under the Aliens Restriction Order the case was adjournei

for several weeks in order to enable him to produce

documentary proof of his birth in Hong Kong,but he failed

to do so.

I am to transmit to you copies of the

statutory declarations and affidavits produced to the Hi

Court, and to say that Sir George Cave will be much obli

if Mr. Leng will cause enquiry to be made in Hong Kong st

to the truth or otherwise of the statements made in the

statutory declarations by Won Yau Feo, Wan Wai and Tsui

Sow, and generally as to the circumstances in which thest

declarations were obtained.

It will be observed that

all refer to Ton Tit and that there is an affidavit by

Leon Hoe Ti of Liverpool to the effect that this is a

mistranslation.

Little reliance can, in the Secretary of State's

opinion, be placed on statutory declarations or affidavits

as to birth in Hong Kong if they are made by Chinamen and

lack any official confirmation; and, as Mr. Leng will be

aware, it has been the practice of the Board of Trade under

the Merchant shipping Acts to decline to accept declarations

or affidavits by Chinamen unsupported by official confirma-

tion as evidence of birth in Hong Kong.

I am to ask that the eight documents enclosed

with this letter may be returned in due course.

I a

Bir,

Your obedient Servant,

Sch Pedda

all