CO129-535-3 Nguyen ai Quoc- request for extradition to Indo-China by French authorities 29-6-1931 - 26-1-1932 — Page 72

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

August 28, 1931]

A False Record.

Mr. Jenkin: This is of very great moment. I want it quite clear from the Attorney General, if he will state it, that this docu- ment, which was sworn to by Mr. X. L Smith, is a false record in s far as it purports to say that the applicant gave that third

Mr. Alabaster:-- I hate using epithets. They look very well in the newspapers.

Fame.

Mr. Jenkin :-Don't, don't! Replying to the Chief Justice, Mr. Jenkin said: On the affidavits sworn by this man, and on the statement in Mr. Smith's affidavit. it is clear that in more than one way the Secretariat for Chinese Affairs has tried to make this man admit that he was Nguyen Ai Quoc. It is obvious that in the dossier there was information con- cerning a man who had the name of Nguyen Ai Quoc. If this state ment went before the Governor-in- Council in the form which it was sworn to by Mr. Smith, it being information they had got from the dossier, it would poison the mini of the Executive and is of vital importance.

Order Bad from the Start. The Attorney General replied that whichever way they looked at it the first order was bad from the start. It might need a declaration from the Court that it was but it did not require to be set aside, because as a valid document it never had any legal existence.

so.

The point as to whether Mr. N. L. Smith, who was present in Court, should be called to give evidence as to whether a meeting of the Executive Council was held on Saturday. August 15, was rais-

ed.

After a brief consultation be-

tween counsel, Mr. Alabaster said he had satisfied himself that the second order was made on the pre- vious Thursday in anticipation of it being desirable or necessary to proceed on it.

This closed the arguments and their Lordships reserved judg ment.

SHOT BY REVENUE

OFFICER.

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fire-arms was necessary, or if un- intentional, whether it was due to proper care by the officer, and might have been avoided.

The first witness called was the

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77

from the

his assailants, who numbered four.

In answer to the Coroner, witness said that the Chinese Revenue Officer appeared to be rather excit- ed. He had said that he was upset police armourer, Sergeant J. E. about having to fire the shots. Wit- Scott, who said that he examined ness asked him if anyone had been 2. Smith and Weston revolverlit and was told that no one had of 38 calibre with six chambers. I been shot. Witness then asked why He found two misfired bullets and four expended cartridges. There was a bullet stuck half-way in the barrel. The reason why two bullets At this stage the inquiry was ad- misfired, said witness, was becausejourned until Wednesday, Septem- the powder must have been very ber 3. damp.

At the end of Sergeant Scott's evidence the Court adjourned to inspect the scene of the shooting.

R.O. "Knocked About."

On the inquiry being resumed, Revenue Officer Ward, giving evi- dence, stated that at 9 o'clock on

the morning of August 15, he saw

he taught so and the Chinese officer replied that the four men all

managed to run away.

MONEY BY FALSE

PRETENCES.

DOUGLAS GIFFORD GETS

SIX MONTHS' HARD.

Before Mr. E. W. Hamilton at Kowloon Magistracy on Monday, Douglas Gifford pleaded guilty to four charges of obtaining money by false pretences. Defendant was sentenced to terms totalling six months' hard labour.

Chinese Revenue Officer 58. He noticed the man had several bruises and explained that he had been

knocked about

a bit.

Witness found a big blue mark on the man's arm and red marks on his stomach, chest and back. At the time he did Inspector Fallon, who prosecut- not take much notice as he did noted, said that the defendant had know that anything else had happened. The Chinese Revenue Officer had also shown witness his clothes and trousers which as

SEQUEL TO ATTEMPT TO RESIST ARREST.

SHOTS FIRED TO FRIGHTEN ASSAILANTS.

Mr. W. Schofield, sitting Coroner on Tuesday, conducted an inquiry into the death of one Li Ying, who was shot in Connaught Road West, by a Chinese Revenue Officer on August 14 in the carly morning.

It will be recalled that in making an arrest at that time a Chinese Revenue Officer fired several shots, but those who were assisting the person who was alleged to be resist- ing arrest. managed to run away. At the time, therefore, it was not kuown that anyone had been shot.

His Worship told the jury at the outset that it was for them to determine whether the chooting was intentional or not and. if it was intentional, whether the use of

were

badly torn. One person was arrest- ed, and after the case in Court, he was informed of the other matter (the shooting). He then took the Chinese revenue officer's revolver and handed it to Mr. Murphy of the C.I.D.

Revenue Officer G. Merryman stated in evidence that he saw R.O. 58 on the morning of the 14th be- fore the man went to the Police Court. He had a man under arrest and both had their clothes torn and it appeared as if they had engaged in a scuffle.

The Chinese R.O. reported that in arresting the prisoner, he had been obliged to fire three shots from his revolver in order to frighten away

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two previous convictions His bro- ther and sister were in Hong Kong but they would have nothing to do with him.

The charges were (1) obtaining a sum of $3 from a woman named Kwan-fun, at Nga Tau village, by pretending, that he was a police- man and saying that if the woman did not pay him this sum she would have to pull down certain pig-sties; (2) obtaining a sum of $5 from Kong Chun at Shek Ku Ling vil- lage by similar means, pretending that he was a Sanitary Depart- ment officer; (3) obtaining a sum of $2 from Cheng King, of Tai similar Yat Hang village, in a manner, by pretending that he was Sanitary Department officer; and (4) obtaini sum of $1 from Leung Tai-chal lage, in the s

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