1913-12-16 — Page 3

THE EXTRADITION CASE,

SPEECH FOR DEFENCE CONCLUDED.

་་

The hearing of the case in which the extradition of Chung Sau Nam to China is sought was resumed before Mr. J. R. Wood at the Magistracy yesterday.

Mr. M. W. Slade, K.C., and Mr. Eldon Potter finstructed by the Assistant Crown Solicitor, Mr. P. M. Hodgson, and Mr. R. F. C. Muster, of Messrs Johnson, Stokes & Master), appeared in support of

Chian C

THE KONGKONG DAILY PRESS, TUESDAY, DECEMBER 16TH, 1913.

Ming's evidence. There was no evidence what these orders were-and consequently there was no evidence what the breach of the orders was.

Aa to the fifth charge, continued learned chisel, if there was any fraudulent conversion at all, it was against the rebels, This was a charge which it was perfectly impossible to bring before an English Court by way of extradition. There was a well-known exemption in regard to political offences or offences of a political There could not be a shadow of doubt that the offence of Chan Kwing

character.

sanction of what took place in the time of war. If his learned friend was going to establish a charge of larceny, he must prove that larceny could begin in one place and end in another.. The alleged a regular larceny of the draft was banking transaction. He submitted that even if they were English charges there was nothing to substantiate them for a moment.

There was a complete answer in the claim of right which the fugitive had set up in the civil proceedings. The last paint which he would take was a novel

CANTON NOTES..

FROM OUR OWN CORRESPONDENT.]

CANTON, December 13th. HE TUAN CHI KUZI. H.B. Field-Marshal Tan Chi Kuci, who is on a tour of inspection of the troops in the seven maritime provinces, has completed his commission in the Chekiang and Kiangnan provinces and has left Ningpo for Fukion. It is reported that is Excellency will next come to Canton, the cruisers Haigting and Huichi escort.

the extradition, and Sir Francis Piggott Ming, if he were charged before Chinesa point, and one which had not been dealting him..

and Mr. C, G. Alabaster (instructed by

Mr. G. K, Hall Brutton and Mr. W... Hinil, of Messrs. Brutton & Hutt) were for the defence.

At the outset Mr. Slade said that in regard to the requisition requested to be produced by his learned friend on the occasion of the previous hearing, they

It

had now ascertained the facts, appeared that the original docainent Roaming that such a thing did exist never had come into the Colony at all. No original requisition had ever been received in the Colony. A copy was sent down by the Consul-General in Canton to the Governor herez way aidated

It Such as it was, his merely November. friend was quite welcome to it and could make any use of it be liked.

was

with before, namely, that during the tribunale, and if his extradition were asked for. would be treason against existence of martial law no extradition was possible. The fact of martial law was Ching, and it would be a political offence proved by the witnesses before his Wor- for which he could not be extradited. He was not going to assert posi Counsel then quoted authority; and went lively that his Worship could take un to say that if the original taking by Char. Kwing ding were political thence of this point. It might be that covered all subsequent dealings and

persons who subsequently dealt with that money. He should subunit that in spite of their hesitation, and in spite of their trying to avoid answering questions, the officials from Carton who were called

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increase of

HOME AND CHINA AFFAIRS.

[FROM OUR OWN CORRESPONDENT. ]

LONDON, November 12th. A DULL SEASON. Considering that Porliament is not sitting, London is very full for the time of year. The consequence is that the clubs are very busy but as for the social calendar, it is void of big events. There parties at are numberless small restaurants for dinner and supper, and theatre groups, but the big crushes all

In

tsson to live vanished. The women havd EQUALLY EXPENSIVE,

given up the large At Homes" in, the The chief motive for abolishing the afternoon. It is explained that they used office of the Commissioner of Foreign to fe patronised almost exclusively by Affairs was to reduce administrative spiestere, and nowadays they have all expenditure & Foreign Affairs Depart joined the suffragettes or found other- strator's Office. According to a statement ment being created in the Civil Admini-. avocations. I understand that the dull- ness has given a fillip to the activities of submitted by Mr. Lai, Hee, the head of question for the Executive, but he thought

was a question for his Worship. The this department, the monthly expenses West End gambling dens, where the gilded

youths readily go to be plucked. reason why he thought the Magistrate total $1,798, which is an could take judicial notice of this point $135 compared with the former systent private houses there is a distinct vozival was that martial law and martial courts The Civil Governor has ordered that this of bridge. The chief reason for the dull- poiss, bựwever, is the tightness of money. were used for political punishment, must be reduced.

Nobody nut resident in this country, ean ME. KANG YU-wei. Martial law was political, and he thought

Mr. Kang Yi-wei, who is conveying the fully appreciate the curious position we. witnesses shoved clearly in their that unless the Magistrate had inrantees

that the case would be tried when it came remains of his mother back to his village are in. The cost of living is higher, it is evidence that this money was intended to be sent to the rebel troops at Nanking. to China, if it did. by the ordinary to be Enally interred, arrived here yester-true, but trade is booming, and yet it is almost an impossibility to float anything Proceeding to deal with the case apert courts of law, it was not a proper case day evering from Hongkong, and re from the Declaration of Independence, he for extradition, because the Magistrate embarked for Sai Chiu (his village), sucessfully in the City, Mexico, Ulster, referred first of all to the powers of might hold that it was not an extraditable Tutah Lung dispatched 200 of the Chay and the demands in foreign capitals for decision which were given to the Magis crime. The Ordinance contemplated nor kwao soldiers, and a gunboat, to escort monry has all helped to make the minds

an essential mal circumstances, and when it was said the vessel on which Mr. Kang's mother's of investors unsettled. truley and pointed out difference between the Hongkong Ordin-that a fugitive was charged with a crime remains were placed, and also alance and the English Act. The Magistrate within the jurisdiction of China it meant deputing to represent himself and Civil might decide whether it was an extradi- that it was within the normal jurisdiction Administrator Li at the funeral rites of China, and the courts would exercise The scrolls and other tributes of con- tion crime or not,

their jurisdiction in the normal way.dolences were very numerous. Martial law meant the suspension of Con- stitutional guarantees-that was to say, the suspension of trial by the Courts. There was a question whether it was possible that the guarantee should be enforced in the case of martial courts. They acted with terrible rapidity, and it was doubt ful whether there was any sitfficient con- trol over them to compel them to take any notice of this undertaking as to trial for another offence. He doubted very much whether they would abide by the requis tion.

Sir Franeis Piggott, continuing his speech for the defence, said that the point ho was endeavouring to make at the last hearing was that the Declaration of the

Kwangtung Independence of substantive act, which could not be dis regarded, because if it had gone, another step, and if the Government had not taken In a complicated case like the present the proper steps--and effective steps-ke it was the duty of the Crown to show suppress the Rebellion, it would have, in absolutely that the alleged acts fell within Fact, developed into an actual indepena decision actually given that these facts

Therefore, he thought it was an example of or while mihi fit, and that something inust spring from something; that there was a gem of actual indepen, dence, although unrecognised by the Powers generally and although not recognised by the Republic. There were two legal positions which arose from those facts, namely, that the seizures of pro perty made by the Government of the Republic of Kwangtung were effective

dence.

seizures, and ousted the possession from the old Provincial Government. Conse quently with that independence the old Provincial Government disappeared, but that when the independence was can-

amounted to larceny. If it did not come within a decided case, he maintained that it would not be an extradition case, because it would not be one of the known cases of larceny. That was one question which be submitted the Magistrate had to decide. He would go further, and say that there were many questions which would show that the meaning of a crine not, being an extradition crime was that it was a case riot proper for extradition on the evidence. If the property was alleged in the wrong person, then it was not case proper for extradition.

Sir Francis emphasised the importance and necessity of knowing the precise ceiled and when the Rebellion was stopped charge under Chinese law. There was an and effectually stamped out, then the essential difference between the Chinese rights of hath the Government and pro-Treaty on Extradition and the Ordinary perty reverted to the Central Government Treaties on Extradition. In the latter Councel then quoted the case of the there were what were known as bi-lingual United States against Prioleau, the main point in the judgroent being that the lists. He would remind his Worship once more of the fundamental principle that

THE MAGISTNAPY.

seut

OPICM DIVAN KEEPER'S HEAVY PENALTY.

were

Inspecter Dymond conducted a raid by police on an opium divan at No. 30, Centre Street, and several men taken into custody. Mr. Hazeland fined the first man, charged with being the keeper, $150, and the remainder $2 each or three days.

ATTEMPTING TO BRIM A CONSTABLE.

are

THE POLITICAL WORLD.

It is n curions fact that there Auntie Conservatives who favour Home Rule, though not of the brand prepared by the Government, and dislike the proceedings in Ulster excred- ingly. On the other hand there are many Liberals who have misgivings about Home Rule.

So, taking things in all, we are pretty well muddled up. Liberals don't make a good attempt to whistle when the results of Reading, and Linlithgow are

mentioned. Some talk of an appeal to the country because these two elections have so badly for the Government. gene Perhaps if the average Radical view was. to be looked for from the Premier, such

INTIMATIONS

HEADS QUITE BALD

WITH RINGWORM

Spread Until Eldest Boy's Head Was Covered with Ugly Patches. Then Younger Boy Had It. Used Cuti- cura Soap and Ointment. Today Have Splendid Heads of Hair.

Queen St., Gillingbain, Dorset, Eng.mi "Last winimer my oldest day enuight fing- worm at school and I. trenter is as the

beni mistress ad- vised, but 10 quickly spread Util hi bad was quite cay-

cred with ugly Batchty.

Then I found to my horror that the younger boy had it also. They wore Away from school many months, and suf- -fered a great deal and were very restleagnt night owing to the, ilching. Their heads were slow quiie bakt and their scaly "D thick mass of scurt.

"I then sent for a sample of Gutleu.......... Soap and Ointment and after using it for two days the scarf began to soften, and after daily washing and using Culicum Ontment new hair began to appear and to lay they both, have splendid leads of

·kals. I intend using Cuticura, Olutment as a dressing, as I feel sure it will prevent

return of this most dreaded disease." (Signed) Mrs. A. Walters, May 3, 1913.

Catleura Sonpand Ointment sold through- out the world. A sampie of each with 32-p. Book free from nearest depot: F. Newbery & Sons, 27, Charterliniso Nai, London; R. Town&Co., Sydues, N. 8. W.; Lennan,

1. Cape Town: Potter Drag & Chem. Corp., Husten, 15. 8. 3.

#6 Tender-faced anan abriuld khảvg with Cuticunt Soap Shaving Stick. Bourjde free..

[96-16

MAPPIN&WEBB,

LIMITED.

NEW CONSIGNMENTS

an outcome might be possible, for the STERLING SILVER WARE. average Radical is a nervous person and

gets tremours under two such buflets as these. But Mr. Asquith is of cooler stuff,

PRINCE'S PLATE

(ÛUARANTEED FOR 30 YEARS),

As to the charge of stealing the payment-out book,

For attempting to bribe Chinese con- Sir Francis said stanie No. 166 a Chinese was fined $25 or he did not know if history related a month's prisonment in default by what story it was the cock told Mr. Hazeland Festerday. The Tukong the bull, but it must have been some stopped the defendant he was deliver- and it is not to be expected that he wil!

(Laughter.) such story as this.

Heing papers in connection with lottery. desist from pressing his projects forward. hoped the Magistrate would receive it The man asked vi be allowed to go, but Apart from the many reasons that have with that tauric laughter as he was sure the constable refused, and ultimately the mulerernment unpopular, the the bull must have the story of the cock. defendant handed hin a packet contain-Reading election demonstrated personal (Laughter.) The fugitive was the person ing 70 cents and said take these dollare, factors very clearly. For Sir Rufus who had the right to enquire for the book,

and let me go.":,

Isaacs won it in former elections because and he received it and took it to his own office. There was great deal of dis

of his magnetic personality. To follow about the evidence of the Inspector Gerrard, in charging a man bir up with Mr. Gooch was one of the crepancy

the Magistracy yesterday with acts of crass stupidity with which the attempting to commit suicide, said the Liberal whips astonish even their most defendant had fallen into bad company. ardent followers. Mr. Gooch is an He stole $40 belonging to his inother, and earnest surt of man, of wide reading and had been gambling. In ill-temper he the manner of a curate, and he had to attempted to stab himself. The parents fight n most attractive opponent in of the defendant appeared before the Captain Wilson, who fascinated the CHS. J. GAUPP

- United States Government took possession no crime was extraditable unless it was Prosecution in regard to this episode, tob at

whatever to prosteute or punish the rebels

Government. In fact the whole of these

was

anec,

was

much uncertainty, too much vagueness, too much invention--and invention, as his Worship would remember, subsequent ly withdrawn.

on a prophecy, that his friend would at

FELL INTO RAD COMPANY.

A PONSIBILITY-BUTTONLY A POSSIBILITY.

handed over to their care. Magistrate, and he was dismissed and electorate by his winning way.. So the balance of personality, as well as the balance of votes, was all with the Con. servatives. Before Mr. F. A. Hazeland at the pleased with themselves for getting into The Socialists are nightily

owner was charged by Inspector Cameron indeed it was a personal triumph for with being in unlawful possession of two

CUTLERY

From the

SOLE AGENTS:

& CO.,

ALEXANDRA BUILDINGS.

CHATER ROAD.

CALDBECK,

of property which had been raised by two or three Confederate States. He declared crime both by the law of the requesting that the Declaration of Independence country and by that of the requested country. There was no reason why that overshadowed every branch of the case, because in the first place, if the old same principle should not apply to the

Sir Francis said that he would venture Kwangtung Government were destroyed Extradition Article of the Treaty of Tientsin. It was true that there were no and merged into the Republic of Kalists of Chinese crimes, but Chinese that the one question that his Worshin the last do what he did at the first, insist tung, and if the new Government was

crimes were included. There created by the Central Republic, then that now Government had nó lucas standi a provision in the Hongkong Ordit: had to consider was the fact that this property had been taken and was in the which was complied with by. who were rebelling against the Central the Chinese Government in making its Possession of the defendant.. The money Magistracy yesterday, a Chinese junk four figures with their candidate; and was taken by Chan Kving Ming when he requisition, that the offender should be

was head of the Kwangtung. Republic proceedings ignored the period of the tried on no other offence than the one for after it had declared its independence.rides and 183 rounds of ammunition. Mr. Butler. Home Rule no doubt played Republic of Kwangtung. They assumed which he was to be extradited. That was that the

old Provincial Government a principle which was 'common to all the that short-lived Republic. That it was

It was money belonging at that time to The police boarded the junk off Shaukia great part in the election, but I fancy passed into the new Provincial Govern Trenties, and that had been insisted on ultimately intended for political purposes concealed in the fore part of the hip and Socialist speakers. I do not think, wan and found the arms and ammunition the Insurance Act played a larger one, for it was hammered by both Conservative

ment as

The position. he main with China. How on earth was that to was perfectly clear. one.

Whatever passed away from the legitimate arms. tained. that the old Provincial be fulfilled it they were left vague as to between Chan Kwing Ming and Cheung Mr. C. A. S. Russ, who defended, said however, that this country's really stirred Government had vanished, and the new

what the Chinese offence really was? Sau Nam he submitted they had absolute the man stated that he had not had time up about Home Hule. There is scepticism Provincial Government had no fucus There was no such thing as the technically nothing whatever to do with. The only to extend his licence because he had only about the real intentions of Belfast com- standi to punish rebels against the word "arceny" in the Chinese language, person to bring forward a charge was just bought the arms.

mercial men, for they have such a big MACGREGOR&C% Republic.

nor did he know that there was such a terin Chan Kwing Ming, if there was a charge His Worship-There is a lot of gun-trade with Southern Ireland that it is Dealing with the charges, Sir Francis as embezzlement. The fugitive could net j to bring The Republican Government running going un now.

not generally thought they would said the charges as they were framed in be accused of something in technical had no voice in the matter at all, nor Mr. Russ-Yes. If it had been on jeopardise it. It is not generally known- English law, were bad charges. The terius; he must be accused of some definite had the Kwangtung Government any board a steamer of course there would be that Sir Edward Carson's health has got charges as turned into English law brokeerime under Chinese law. There was no incus stands. His Worship was asked to no question aboyi jt, but I don't see why to a pitch that is causing great anxiety to down completely because the essential reason whatever, neither in the Treaty assume all the cardinal facts of the case. a junk owner should bring them into the his friends and relatives. He has found allegation of property could not be main-

nor in the Ordinance, which required any he was asked to put aside all the histori-Colony, He might better take them to that he could not bear the double strain tained.

departure from the fundamental prin cal facts, and he contended that his some of the islands. There is always the of law and campaigning, so he has PORT FOR CHRISTMAS The next point he wanted to make was

ciples as to what he might call the English Worship could not do that. "I submit," possibility of one in a thousand of these abandoned his legal practice for the that the Government of Kwanglang was.

jurisprudence on extradition. He defied concluded the learned counsel, that to cases being genuine. trying to get this money. There were

anyone to translate the second charge in attempt to extend extradition praeced- civil proceedings, but with these be had the requisition ing English. The words ings to these facts, such as they are, now nothing to do for the present. At that

to him wete absolutely meaningless. Of before you, is an attempt to distort that Court they were trying to punish Cheung course, his learned friend the Crown very beneficial procedure beyond its well Sau Nam, Now for what offence were Solicitor had been very ingenious, but as

known intent, and far beyond the express tering of legislation. I now have to move they trying to punish him? They were

the Chinese charge stood he said it was formally for the fugitive's discharge.' trying to get him extradited for not

absolutely without meaning, and no one

The case was then adjourned till this applying this money to rebel purposes could possibly say that the English charge Potter will reply for the prosecution,

afternoon, at 2.16, when Mr. Eldon That was the allegation contained in the fifth charge. He maintained that if there was provided as an equivalent to it. If The fugitive were charged with larceny, was any offence at afl-which he was not it was clear that it must mean larceny in prepared to admit the offence -W06 against Chan Kwing Ming. Chan Kwing not actually get the money in Canton; he

OPPOSITION OF CHRISTIAN CHURCHES. Canton. Now, it was clear that he did Ming took the money from the Treasury did not actually get it until he go to for a certain definità purpose, which was

Hongkong. There was yet another point

A STATE RELIGION FOR CHINA.

Inspector Cameron said there was information that the arms had been taken aboard in Hongkong. The police would not have any chance of getting hold of him if he went out of the Harbour.

His Worship imposed a fine of $150, or two months' hard labour..

MR. CHURCHILL'S TELEPHONE'

"BAG.!"

In order to keep himself in constant touch with everything, and who knows, PEKING, December 6th.j.

for 2 great The movement against the establishment perhaps to prepare.

(ESTABLISHED 1864).

ORDER NOW, so

Dow's 1 CROWN PORT.

INVALID PORT.

HUNTING PORT.

present. Always highly strung, he has allowed the Ulster question to dominate his brain. Night and day he thinks of it.

the sediment and insomnia is the result. Usually he is a man of singular charm, but 1 am may have settled before Christmas, assured on excellent authority that the strain of the campaign has introduced a touch of irritability to him and there is real anxiety about him. At last Mr. Balfour has come out to speak on. Bone Rule, much to Sir Edward's relief, for he has far more personal reliance on Mr. Balfour than on Mr. Bonar Law, and was means pleased when they exchanged places, so as to permit Mr. Boner Law to become Leader of the Opposition. It is of a State Religion is increasing. The emergency, Mr. Churchill has just had a confidently asserted, however, that even if

the matter up vigorously.

his domestic residence. A row of instru- volunteer army that Ulster has raised and A committee representing nearly allments stand even at his bedside ready drilled is now so efficient that it could get. the Churches and provinces bras sent a for night calls, a fact that might provide along even without his leadership. This delegato to Wachang to interview the the cartoonists with pleasing subject. fact has come as a gratifying instance to Vice President and point out to him the The Bery impetuosity of Winston some those who advocate conscription, for they slanger of masing Confucianism the times vents itself on the galling imper- argue that if Ulster can raise so fire

General Chang, Yuan Fection of Mr. Herbert Samuel's new State Religion

a body of men and train them so It is an old story bow service,,

a conscript Shih-kai's military adviser, is under taking this mission, and left for Hankow smashed up three telephones at the expeditiously, how quickly yesterday.

Admiralty. If anything goes wrong with army could develop a fores strong enough The International Reform Bureau the works he smashes the receiver down to defend our shores. They even predict points out the danger of introducing a bit on the mouthpiece. Winston's "bag" that if some sort of Ulster feeling could Government should be intent on uniting instruments

would be eager to come under a scheme fortnight, religious controversy at present, when the averages, I am assured, two wrecked be infused into our English youth they

Liverpool

of conscription. all classes.-Reuter

clearly stated in his order. It was go Eris-arrangeinents were so bad that the Christian Churches in Peking are taking private telephone switchboard installed n Sir Edward were to break down, the

to be sent to assist in the litary opera tiens as Nanking. Chan Kwing Ming Hongkong and Shanghai Bank would not was the person who made the order, and pay him, as they did not know him. If if the order was not carried out, it was there was farceny at all, it looked very an offence against him. The Government much to him that it was committed in was busy searching cut rebels, outlawing Hongkong. If so, it was not an extradit them, and hoping to punish them. Was able crine. This was the most extra- it conceivable that they at the same time vagant case ever put forward in order to should be prosecuting a man for alleged get money which was undoubtedly taken frand against one of the rebela? So far during the Rebellion. This was an ay the offence was concerned, it would be application to the Courts of Peace to try impossible to prosecute without Chan and find in the Courts of Peace some

Courier.

B

he

ROYAL DRY PORT

ARMADALE PORT

4 CROWNS Porr.

VIN 1890.

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