NAPIER JOHNSTONES
WHISKY
THE HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER 19TH, 1910.
SUPREME COURT. (Continued from Fags 5.) Mr. Slado-Supposing the question of con- “SQUARE BOTTLE"truction of treaty is properly one for the Court, which it can vary seldom be, then it is an enormous advantage to the Court to have the two viowe pat forward. The Court desires to be assisted in coming to a sound judgment on noy question before it, and whore the treaty is properly before it, it is necessary to hear the points pro et con, put before it. Otherwise the Court would have only one vlow of thetreaty impressed upon it.
BEWARE OF
AS
150 YEARS.
IN 1745.
THE SAME TO-DAY
· IMITATIONS:
SOLE AGENTS IN HONGKONG:
LANE, CRAWFORD & CO.,
The Chief Justice-That is put forward by the Law Officer of the Crown. It is the Gov. ernment view which can only be put before the Court.
Mr. Slade-As a general rals the interpreta tion of the treaty is net for the Court. As a general rule the powers of the Court are not conferred by the treaty,
His Lordship -The foreign Governmentasked The Faglish Government to not. From tho momen the foreign Governmont sont in its requisition it had nothing whatever to do with it.
..
Mr. Blade said the same argument might be used with regard to a private prosecutor in
dinary criminal case. The moment he lays his information before the magistrate, re- questing the powers of the Jaw set in motion then the rights of the public prosecutor would cesso; from that moment he would have no right And from ALL WINE MERCHANTS. [46 to take any farther part in the proceedings. But that was not so. He was entitled to appear and prosecute the criminal case in the name of the King against the defendant. If the theory that request to the English Government to net would east the right of a foreign Government to appear, the same principle would oust the right of a private prosecutor to act.
NEW CARTRIDGES.
Balar English Manufacturers. In
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His Lordship said the right of an individual to prosecute was lost in the mazes of antiquity.
but we are going to appear in an English Court THE CHINESE AND ANGEL ISLAND.
to say you are not entitled to this Common Law
right, That, on the face of it, was absurd. They could not contend successfully that these proceed - ings were extradition proceedings.
His Lordship-I cannot follow you there. Mr. Potter said these proceedings might be the result of extradition proceedings, but they were not extradition proceedings. If they were they would have to be proceedings before a police magist ale. Extradition was the child of treation; it was the result of mutual trosties, and the power which was given to the Chinese Government by the treaty made with China was to apply by requisition. They could do nothing as of right. The sections of our Ordinance made that abundantly clear. In spite of the magis trate's devision, and is epite of his Lordship's refusing to rule, the Governor could intervene and say there was to be no extradition.
His Lordship Only on definite grounds. Mr. Potter-It is quite clear.
on
and the
PRANCISCO.
Aad
ascertained But tho Chiness sigorously
His Lordship-In ordinary cases the applica object to st tion to surrender is absolute.
Mr. Pottor mid there were cases at Home, and cases here, in which, although a man had been committed by the magistrate, the Govorner. when petitioned had rolessed the man. There was a case of that sort here only six months ago The Attorney General understood that had been the case in instance where the Governor had had some doubt as to whether the man was not being required for political purposes, although he was satised that the man was guilty of committing the crime of which he was socused.
Mr. Potter said the suggestion of the Attorney-General was rather weak, because that was one of the defences which might have been raised before the magistrato. The Chinese Government were claiming to come here as of right, and to put their case before his Lordship. It was absolutely, clear from the Ordinance that
this man.
out
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· THE QUARANTINE EXAMINATION AT SAN
The San Francisco Chronicle saps-There is no sound reason for objecting to present plans of examination. For a great many years Chinese steeraga passengers were detained pending examination in the rotten old detention sheds on the Pacific Mail dock. Dar ham. those detention sheds, alleging that they were anitarian friends made a great outory about unit places of confinement for human beings, which was trus. Bat the Chinese themselves most convenient to break out of made no complant, for the old shaoke wero bunches of the Chinese did break out from time to time. Now the Goverament has pro vided excellent and sanitary accomunadations for them at Angel Island. The new station is com parable to the immigrant station at New York, excellence of the arrangements of which also an island at some distance from the city is world razowned. In
In neither caso is the station specially for Asiatica It is for the accommodation of immigrants. .of all untioasli. ties until their right to enter the country is
it cannot be broken because of and because
facilities are the lacking which have been so long enjoyed for concocting perjury to Booure the ad-
to entitled mission of those not
The anter. alleged difficulty getting witnesses
There is & Govern- Angel Toland is nonsense. mont, tug take them over and return them, and no Chinese entitled to enter will have any serious trouble in getting witnesses who know him. It is doubtless
for embarrassing Chineso who desires
ires to "swear in a newly arrived conn- to be unable to pick him out when he tryman to gets to Angel Talend. There was no trouble of at the detention ebeds. All arronge. that kind. Whatever restrictions are thrown around the ments could be made out of the windows,
admission of Chinese
result of the con- ore the
has been tinuous fraud and perjury which potrated in the interests of the Chinese for a importation of coolies out of a sunry. In spite of all precau
the northern on goes on all the time tous, and southern borders. It is intended to prevent if at this port if possible, There is no effort and no disposition to prevent the entrance of a fixed determination to keep out all others, While ORF Commercial bodies were passing resolutions in favour of restoring the opportani A8 SUPPLIED TO THE HOUSE OF
the Secret Service port,
LORDS AND. HOUSE OF COMMONS ties for Frand at this mon were arresting a Chinese for conspiring to wholesale. If the countrymen admit his
American goods if our exclusion laws are Chinese merchants of Canten choose to boycolt enforced, they are within their rights But. they will not prevent the enforcement of Ameri can laws or help the sale of Chizew products in the United States.
to
*
·
per.
SHOTA. From No. 10 to 8880. at $6,7 | In the Colony.he came from, Maaritias, there they had no right to ask for the surrender of Chinese who are entitled to enter, but there is
$7.50 per 100, SPORTING REQUISITES and AIR GUNS in Variety."
Inspection Invited.
WR SCHMIDT & Co.
{545 Hongkong, 26th October, 1906.
AUTOMATIC BROWNING POCKET PISTOLS.
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SIEMSSEN & Co. Hongkong, 6th Mazol, 1907.
(38
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OTICE THIS COAL oan only be NOTICE THIS COS LABUAN CAL FIELDS CO, LD, who are prepared to Supply FRESH COAL straight from the Mines Steamers lead at the Wharves, Ondok dospatol Telegrams: "Labor Labuan."
BRADLEY & Co., Agents. [931 Hongkong, 12th August, 1909.
ITS BISHI GOSHI KWAISHA
MT
was a public prosecutor. He took control of a suit, and the private prosecutor dropped out altogether.
His Lordship said he would allow the Chinese Government to be represented on account of the previous decision of the Full Court, but he would deliver a writton judgment on the point
later.
Mr. Potter-Aud the Attorney-General in England has the right to take a prosecution out of any man's bunds at any moment.
Mr. Fotter What I am anxious to do is to His Lordship-The story of privato- prosecu
provont the Chiness Government appearing tion in England, I believe, is absolutely lost.
`Mr. Blade said it started before the day when new. The Fall Court was very careful to say the idea of the King's peace existed. The it did not overrule your Lordship's judgment, King's pence was just beginning to come into therefore thal judgmont standa. being in the reign of Horry II. This was an His Lordship They overruled it to the fence against the peace of a foreign. Govern.extent of hearing this Chinese Government.
The Attorney-General-On precedents put. ment, therefore that foreign Government pas interested in soving that the proper remedy was before it in this Colony. applied Extradition proceedings were looked upon just in this same light as an ordinary criminal-proceeding at Home. It is to be considered a matter against the peace of the King, and in that case the person wronged has right to be represented unless the Attorney General says no.
Mr. Potter said the Full Court was not strong in its attitude, because it allowed Sir Henry Berkeley to appear for the Chinese Government, and they afterwards decided that they had no power to order that Government to pay The Chinese Government could not have sosts. it all their own way, and it was obvious Full Court did not in any Bin Lordship said the proceedings took place that the
Way intend to overrule his Lordship's In a foreign country where the law had baan violated, and the mao excapod, whereupon decision. Proceeding, Mr. Potter said the first artificial proceedings were initiated. The S-o-point he wished to raiss was that no prima facio rotary of State put English officials in motion, and it was for the English Court to soo what it could do. There were two treation in which the question had been definitely decided they were between Spain and Switzerland,sel did not know. The prisoner was a compra.
Mr. Slade submitted that the Swiss Treaty, being eas of the most modern, had that clause inserted possibly to meet difficulties which his Lordship described as diplomatic difficulties, so
(MITSU BISHI CO.) COAL DEPARTMENT. foreign Government should be one of the Law
Officers of the Crown.
BOLE PROPRIETORS of TAKABINA OCHI, MUTABE, HOJO, NAMAZUTA SAYO, SHINNEW and KAMIYAMAVA, Collieries.
SOLE AGENTS FOR KISHIDAKE, MIYAO und KIGYO KOMATSU Col
HEAD OFFICE MARUNOUCHI,
TOKYO.
BRANCH OFTICES-NAGASAKI, MOJI, KARATSU, WAKAMATSU. KOBE, OSAKA, SHANGHAI HONGKONG, HANKOW. Cable addresses for above, "IWASAKI " Codes, AI, ABC 5th Ed., Westera Unior..
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For Particulars apply to
I. OISHI,
"Manager,
No. 2, Pedder, Street, Hongkong Hongkong, 9th January, 1909:
[574
GRIMAULT'S
SYRUP
OF
HYPOPHOSPHITE OF LIME
FOR
STUBBORN COUGHS
BRONCHITIS
WEAK LUNGS
CATARRH
CONSUMPTION:
K
caso was made out bufere the magistrate. Not only was a probable caso not made out, but there was not a jet or tifth of evidence' against the defendant at all. Why he was committed Conn-
dore on board a Japanese vessel, and on a-cor tain night while the rowed was at Shanghai it was suggested that the compradore went to a godown, in which godown a child was looked up. Ho
as to once that Counsel representing the said to the child, the steamer is ready, come on board," and an old man, an old woman, the compradors and the child went on board. That was the evidence alleged against the compradore, and the only witneR WHS * child of thirteen years. His Lordship had to consider the story of that child, which was one of the most remarkable over told.
His Lordship He does not represent the foreign Governmout; he represents the British Government.
Mr. SladeThe words of the fronty say, "the Swiss Government shall be represented by a Law Officer of the Crown."
His Lordship-To be strictly constitutional, as the Full Court in the last case allowed the Chiness Government to appar, of course I must. follow to that extent, but as there has been no decision on the point I shall give a decision.
Hi Lordship-Thees you get beyond my powers if the magistrate choss to believe the story of the child.
Mr. Potter-Your Lordship has to take the story of the child and the scouted, and way if there was a probable case and out. I don't know whether your Lordship wishes me to read the evidence?
-
His Lordship-I am so much against you that I don't think you wed go further.
The Attorney-General-The Crown is anxions to hare an authoritative decision on this point.
His Lordship I think it would be wise that I should give one, bat in this case I will follow on the dosision of the Full Court in allowing tho Mr. Potter raised a second point that there Chinesa Government to appear. I cannot do was no evidence at all given before the magist otherwise. When I cars, here the Chinese trate to prove that the crime was committed Government took chargo and the English within the jurisdiction of China, and quoted Government dropped out altogether.
numerous authorities in support of his conten- Mr. Sale-So they have from immemorial.
His Lordship all the opinion had been advanced that it was too much trouble for the English Government.
timation.
Mr. Blade Tho Chinese Government pro- secuted this man before the Polico Magistrate, whose decision is challenged, and habeas corpus has been taken. They say we put forward the evidence, that we are the responsible parties, and we want to defend the magistrate's action.
His Lordship-My opinion is that the Chineza. Government can watch, no more.
Mr. Potter said he wished to take the objec- tion that these were not extradition proceedings
Mr. Slado said the evidence of one of the wit- nesses proved that Shanghai was within the Empirs of China. |
His Lordship did not will to hear Mr. Blade, He said he would read through the depositions. and if he wanted further information he would inform-Counsel.
WEATHER REPORT.
the following report:--
The Hongkong Observatory yesterday issued On the 12th at 11.40 am.The depression lying over the N.E. part of the Sea of Japan yesterday is moving into the Pacific.
The barometer las risen over Manchuria and
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JUST Received a Selection of POSTAGE M. Hon STAMP CATALOGUE Fox 1910, Mr. G. W. McEwen Picture and Painting Books, Novels, Postage Mr. and Mrs. J. D. F. Mr. E. E. Smith Stamp Albums with Moveable Lonf, Puzzle Port Cards, School and Shopping Baga, Dolls, Toys.
at a The proceedings before the magistrate 8. Japan, and fallen over the E. coast of China tägars, Cigarettes, &c. &c.
and Formera..
valley's
is pure cores the Pacific between the Moderate 8. E. winds may be expected over, the Formosa Channel and the northern shores of China Sea.
Hongkong rainfall for the 24 hours ending at 10 am. to-day, 0.39 inches.
wedo extradition proceedings, but this was an Pressure appears to be low over the Yangtze application to the Court to make absolute a rulo nia:. It was simply an application made by a person in the exercise of his Common Law right, a person who said he was unlawfully imprisoned. This was not's right conferred by the Extradition Ordinance. This man had been committed, and the extradition pro- ceedings were finished. The Chinese Govern. The forecast for the 24 hours ending at noon ment, or the Crown had induced the to-day is as follows: magistrate to say that this mon was to be Hongkong & Neighbourhood gent back to Chirm for trial, but now be cams forward and claimed his Common Law right. What the Chinese Government said was this: You may be claiming your Common Law right,
Formosa Chonnol South woast of China between Hongkong and Lamooks. South coast of China between
Hongkong and Hainaa ....)
S.E. winde, mo- 1derate; fair.
Same as No. 1. Same as No. 1. Same as No. L
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1789
Mulder
Mr. G. C, Whitelaw
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maid Rholteplo and Retail Ironmongers, Pig Dr. Bhek TRON, Stael, Metal and Hardware Merchants, Mr. E. Arndt Irun and Foundry Coke Importers. General Capt. & Mrs. Brummer Storekeepers and Shipehandlers. Nos. 35 & 37, Mr. W. F. Brewer HING LONG STREET, (2nd St., west of Central
Mr. & Mrs. J E. Burgers Mr. E. J. Chapman Market). Telephone No. 515.
Mr. Cooker
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Mr. C. L. Gorham
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Mr. J. F. Macgregor i Mr. & Mrs. C.C. Mucke. Mr. & Mr.L.D.Mandell Master Mandell Miss Massey Mr. O. M. Moyer Mr. J. A: Offor
Mr. Wm. Pittoadrigh Mr. & Mrs. G. L. Platt
Mr. J. Robertam
Mrs. G. Bachre
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Capt. & Mrs Schultzen Mr. & Mrs Tibb Mr. B. Webb Mr. W. H. Tindal King Mr. J. W. Wilson [Mr. & Mrs. A. C. Logan-
Mra. F. X. James
STEAMERS, ANAMBA, British str., 1,169, G. Sangator, 5th Sept-Amoy 4th Sept., Case Oil--Asiatio Petroleum Co., Ltd.
AWA MARU, Jõpanese str, 3,912, S. Talikawa,, 4th Sept-Seattle and Shanghai 1st Sept., Flowy and General-Nippon Yusen Kaisha, BUJEN MARU, Japanese str., 1,300, Y. Furono, 11th Septhanghai and Bentow 10th Sipt..
General-Omaica Shonen Kaiaba.
CAPRI Italist str.. 1,277, Moresen, 4th Sept
Bombay and Singapore 29th Aug., General Carlowitz & Co. 1.055, Schmits, 8th
ORFA, Gorman. CHOWFA,
September-Bangkok Bist August, Ric Butterfield & Bwire.
CHOWTAL, German str., 1.134. Ferjanga, 11th
September Bangkok 5th Sept, Rico Batterfield & Swire.
COWRIE
British str., 3,055, J. Fallas, 7th Sept. -Singapore 1st Sept, Kerosene Oil- Asialic Potroleum & Co.
EMPRESS OF INDIA, British str., 5.940. 8. Robinson, 8th Sept.-Vancouver, B.C., 17th August, Maila and Goueral-Canadian Pacific Railway Co. FAUSANO, British fave 29th August, 1.410. H. Malkin, 8th
Sopt-Choribon and Bugar-Jardine, Matheson & Co.
FOOKBANG,
British str.. 1,987, T. A. Mitchell, 8th Sept.-Kote via Moji 3rd Septembor, General-Jardins, Matheson & Co. GERMANIA. German str. 1.713, H. Frandsen, 2nd Sept-Hongay and Hailow 1st Sept., Coal and Piga-Jobson & Co.
HAIYANG, British sir., 1,362, A. E. Hodgins, 11th Sept-Fooehow, Amoy and Swator 10th Sept., General-Denglas, Lapruik & Co. HANGBANG, British str., 1,356, Wilde, 9th Sept-Shangbai and Swatow 8th Bopt, General-Jerdine, Matheson & Co.
639, French str J. Pannier. 8th Sept. Haiphong 4th and Hoihow 7th Sept., General--A.
HANOL
R. Marty.
JOHANNE, Gorman str., 952, M. Jpland, 10th Sept-Haiphong 6th and Hoihow 9th Sept., Coal nud Pigs--Jebron & Co. KELVINHBAD, British str., 1,946, J. K. Meikle, 7th Bept.-Freemantle 17th Aug., Bandal- wood-Jordine. Mathieson & Co.
ANG PING, Chinese str., 1.222, H. Udden, KIANG
5th September-Chinking 30th Angust, General-Tung Lee & Co.
KUMCHOW, British str., 1,460, J. D. Martin, 27th August-Salgen 23m Ang., General
Ying Sang & CE LAENTES, British str., 1,340, H. C. D. Framp- tox, 11th Sept.-Saigon fth September, General-Wo Fat Sing.
LENNOX. British str., 2,361, D. Reid, 1st Sept. Keelung 30th Aug., General Dodwell & Co.
LINAN.
British atr.. 1,350, Williams, 31st Aug. -Shanghai 28th Aug., General-Butter- field & Swire.
LYEEMOON, German str., 1.238, v. Pilgrim, 30th August-Swatow 29th Aug., BaBast -Hamburg-Amerika Linie,
MEEFOO, Chinese str., 1,3 2, Froberg, 9th Set-Shanghai 4th September, General — CMS.N OMURO MARU, Japanese atr., 1,479, §. Takaki,
9th September-Dairon 3rd Sept, Coal- Mitsui Bussan Kaisha..
PETCHABURI, German str., 1,374, C. Gosewich,
11th
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PITSANCLOK, German str. 1.264, D. Reimus, 11th Sept.- Bangkok 3rd Sept. Ities and Wood-Butterfield & Swire T
RyaJA. Norwegian str., 3,807, E. Meyer, 11th Sept.-- Portland 11th August, Floor- Bosne Mant. Japanese str., 1,119, Y. Yamun
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ST. PATRICK, British str., 2,694, J. S. Ortay,
10th Septolan 7th Sept., General
Dolwell
Co
TEAN, British str. 1,346, A. W. Outerbridge,
10th Sept. Manils 7th Sept., General Butterfield & Swire
THOR±18. Norwegian str. 1,091, J. Jorgensen, 11th Sept.--Bangkok via Swatow 10th Sep1., Rite-Aagaard, Thoresen & Co. TIENTEIN, British atr., 1.227. F. Boyd, 3rd
September-Svator 2nd Sept., General→ Butterfield & Swire.
WCEU
au, British str., 1,227. A. Lucker, 4thored September
Shanghai 31st Aug, General -Butterfield & Swire.
Teppo, Swedish str., 1,234, C. H. Anderson,
11th Sept.-Baratat 5th Sept., General- Wijk & Co.
SAILING VESSEL.
ARROW. British barque, 2,971, Melvor, 20th May-Aujer 8th April, Kerosene Ol- Standard Oil Co.
DRUMELTAN British 4-musted barque, 1,799, Swatt, 27th August-Monado 30th July, -Ballet-Standard Oil Co.
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