CO129-562-2 Chung Chi Cheung- appeal against death sentence 1-1-1937 - 31-12-1938 — Page 22

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by the belief that the appellant, a person of Chine se

parentage, with a Chinese name, and employed on board

a Chinese vessel was a national of China. The moment

that the appellant established affirmatively, under section

18 of the Chinese Extradition Ordinance 1889 that he was

not a national of China proceedings for his extradition

failed. The Chinese authorities in effect were claiming

to exercise a jurisdiction which they had surrendered in

1858. In those circumstances, if the appellant's plea to

the jurisdiction of the Supreme Court of this Colony were

uphold the appellant, so long at least as he remains in

Hong Kong, would not be answerable to any Court for the

murder which he has committed.

In our opinion, from the conduct of the Chief

Officer and the boatswain on board the Cheung Keng

and from the fact that the Chinese Government, after

the failure of their proceedings for the extradition

of the appellant have made no diplomatic respresentations

with a view to having the appellant put back on board the

vessel on which he was serving, it is a reasonable and

proper inference that the immunity enjoyed by members of

the crew of an armed Chinese vessel has in this case been

willingly waived.

The conclusion to which we have come is that the

decision of the learned Chief Justice was right, and this

appeal must be dismissed.

(SD) A.D.A.MACGREGOR C.J.

(SD) R.E.LINDSELL, P.J.

(SD) C.G.ALABASTER, J.

15th October, 1937.