CO129-562-2 Chung Chi Cheung- appeal against death sentence 1-1-1937 - 31-12-1938 — Page 13

2.

The vessel was met by a police launch in Kowloon

Bay, and the appellant was removed to Kowloon Hospital

where he was under treatment for two months.

On 13th February His Excellency the Governor

received from the Chairman of the Provincial Government

of Kwangtung under the Chinese Republic, a Chinese

authority within the meaning of section 2 of the Chinese Extradition Ordinance 1889, a requisition for the

surrender of the appellant.

The relevant portion of that

requisition is as follows:- "I find on inquiry that

the place where this case occurred is however in British

waters, but, as the said ship Cheung Keng is a Chinose

Customs Cruiser on board which the murder was committed

it appears that the murderer should be extradited back

to our country and tried and dealt with in accordance

with, and to manifest, the law".

On receipt of that requisition the Governor issued his warrant under section 6 of the Ordinance, stating

that the appellant was accused of the commission of the crime of murder and attempted murder on board the Chinesc Customs Cruiser "Choung Keng" on the 11th day of January, 1937, within the jurisdiction of China, while the said

cruiser was on her way from Sam Moon to Hong Kong and was approximately one mile off Futaumun (British Waters).

The Magistrate's warrant under section 7 of the

Ordinance contains a recital in the same terms.

The appellant was arrested on 26th March and

proceedings for his extradition to China were commenced, the Assistant Attorney General conducting the case for the Crow1l. On 28th May and on 10th June the appellant produced affirmative evidence that he was not a Chinese national but a British subject, born in Hong Kong. Assistant Attorney General submitted that this event

took place on a Chinese public vessel, not a merchant

The

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