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THE HONGKONG DAILY FRESH. TELURSDAY, NOVEMBER 1851, 1936.

CHINESE EXTRADITION CASE. POWERS OF THE, SUPREMA

COURT. Argument was continued yesterday

before the Full Court (the Chief Justice INTERESTING POINT DISCUSSED:} and Mr. Justice Gompertz) in the Häng Shiu Lung extradition case.

Dealing with the point whether or a Magistrate could; if he found that the prisoner was wanted for a political offence discharge the prisoner, Mr. Ellon Patter (for the fugitive), said the view that he wanted the Court to take was that the

Magistrate must give a view in his finding or fix judgment, hat whether or no the Magistrate could release upon that finding he did not think was material.

He sub-

va som forsvarende to enden med, o Before legal argument was proceeded with at the Supreme Court yesterday in the Hung Shiu Lung extradition one

interesting, discussion took place in gard to the powers of the Court, to order a fugitive to be brought to the Court from prison

CHINESE CRIMINALS

SHANGHAI.

IN

THE RIGHT OF ASYLUM. IMPORTANT DECISION OF BRITISH ASSESSOR.

A very important application was made at the Mixed Court, Shanghai, on the 19th inst. by Mr. G. B. Musse, appearing for the Chinese Government.

F'EKING

NOTES.

[FROM OUR OWN CORRESPONDENT.]

PERING, November 10th. FOREIGN ADY

Much ombittered comment is being made regarding the Japanese advice to China bo the subject of the proposed restoration

of a Monarchy, and it is feared that the irritation against the neighbouring coun- try has been revived. The general opinion seems to be that the advice should be proceed with their plans. Of course the on October 4th for conspiring with others,ured and that the Government should elections could not with propriety be not yet in custody, is murder Chou Chin- piao-who has since become the Commis

arrested, and these are proceeding in sioner for Foreign Affairs be handed to

accordance with expectations, not a single the Chinese authorities.

The hearing was before Mr. Grant Jones, British Assessor, and the Magistrate.

It was that a man named Waung Ming-sing, who was The Chief Justice, said that the Crown. Solicitor saw him that morning and point-tenced to seven years penal servitudo ed out that there appeared to be a dif- healty about the power of the Court to bring the fugitive there. The writ was mitted that the Magistrate took an entirely addressed to the Captain Superintendent wrong view of Sreikn 4 of the Ordinance of Police and he would only have to bring concerned, and that be had misread Arton's him there on the return of the writ, case which had been misread before. There was statutory power to bring a wit When Mr. Bratton (solicitor for the de-ness to the Court to give evidence, but fence) was about to deal with the merits of this point and to call the Magistrate's attention to it, he asked him not to do it. Even then it seemed to be running in the Magistente's mind that he should not have the ninter argued in the Court, as it was La sort of impeachment of a foreign Gov- ernment. He submitted that the Magis trate ought to have given a finding on this. point no matter whether or no he could have discharged.

The Chief Justice asked whether the man would not be sent back to the Magistrate

there did not seem to be ang power to bring the fugitive there for the hearing of this case,

Mr, Potter said he understood that it had been done before in the Sotte case. The Crown had no objection.

The Attorney-General-No whatever.

objection

Mr. Potter-If the Court has no objec tion all that the gaol authorities require is, a document saying that the man's at tendance is requested at the Court.

The Chief Justice said the gaol authori

in the event of the decision being a certainties required some formal order; and the difficulty was to know what order to issue,

way.

INTIMATIONS.

BLIO

LANE

ORAWFORD & Co.

AGENTS FOR

diventient spinion being exprested to LA MINERVA

break the monotonous unanimity of the rating. But there is an undercurrent of uneasiness m to the outcome. It is just probable that the authorities may deem it expedient to altor their, time-table in some little degree, and it is not at all-improbable that Japan may have further communica- tions to make d

Mr. Musso said the acoused was tried on October 1st, when he admitted the crime, and judgment was delivered on October 4th, sentencing him to seven years' im- prisonment. Subsequent erentsi which had culminated in the death of Admiral Tseng, now threw a particular light upon the offence of the present accused. Events indicated that both crimes were the result

At the time of writing, eighteen pro- of the samo conspiracy As the Court was aware, Admiral Tseng was murdered on vinces have declared themselves in favour November 10th, while proceeding to the of a Monarchy and nominated the "Great Japanese Consuinte-General to attend the coronation festivities. Two prisoners were President" as Fror, Three Provinces: caught red-handed and brought before the have yet to vote and four dependencies Court on Thursday. They admitted their guilt, and made certain statements as to have to record, their opinions. These, bow- their movements which, strange to say, ever, are certain to follow the lead of the coincided with the movements of the pre-others, and in the course of another week sont accused. One of the two prisoners

the voice of China" will have pro- said he was a native of Shantung-80 was

nounced without exception in favour of a the accused. The other man said he was a native of Kirin, and the present accused before coming to Shanghai, ho went to The two accused implicated in Dalny. Admiral Tseng's murder said that they made a stay at Chefod, then they went to Nanking, then came to Shanghai exactly as the present accused had done. The two prisoners on Thursday said that when they arrived in Shanghai they went to live in a house in the French Concession with a accused also did so. The only difference between them was that the accused alleged that the consideration for his crime was Yesterday's game between the Club 8100 or 8200, which were payable to him, and the Staff and Departmentals was of while the two men on Thursday said they most scrambling and uninteresting committed their crime owing to a difference of opinion with their victim. The proba nature, The Club, who were not strongly bilities were that the three men were hired not calculated to secure the maintenance | represented, won in the end by a gaol assassins, The present accused was not a tonil. McTavish scored with a beauti-resident of Shanghai at all. He came to Shanghai and lived in the French Con- cession, and then came into the Settle- ment to aid and assist in the murder of Chou.

The provisions of the Evidence Ordi said that, in company with other people Monarchy. What will happen afterwards

Mr. Potter said the man was illegally detained, and if he were sent back benance were considered, and the Court held that the wording of the Ordinance 'covered would be still longer illegally detained. He thought the Court would discharge the the circumstances in this case, and the pri

soner was later brought down. prisoner and leave the Criwn to such re- medies as the Crown might havé,

The Chief Justice pointed out that in the case depended upon by Mr. Potter for this contention there was a re-arrest.

ASSOOTBALL.

is not quite so certain as before the inter- vention of Japan, but, whether later or earlier, the coming of the Monarchy is as sure as the rising of the sun.

JOURNALISTIU.

Last week I mentioned that the Peking Post had been transferred to so-called

HONGKONG F. C. DEFEAT STAFF number of other people, and the present Chinese, ownership and that Mr. Hope was

Mr. Potter-No doubt the Crown had any rights it would be up to them to oxer- cise them. The Court should deal with it bere. It is only an enquiry whether thea present detention is legal or otherwise.

After the tiffin adjórument Mr. Potter continued his address, and went on to con-

AND DEPARTMENTALS.

tend that if it could be proved that the fugi-ful shot, after Walker had banged the tive's surrender was being sought for the greasy ball against the upright from six trial or punishment of a political offence, yards range. The soldiers played with then he was entitled to be discharged, The a auch greater understanding than their case for the fugitive started with a great opponents, who were manifestly inclined The Club Vantage, because the documents which to take matters too lightly, they had, the documents of the Chinese are losing the services of their capable Government, showed absolutely conclu-goalkeeper. Swann, and R. Edwards, sively that the fugitive was a political who are shortly leaving for the Front. offender of the gravest character, and that Swann is one of the best keepers Hong was a point he would ask their lordships kong has seen for a considerable time, and the Club will and the greatest to note.

difficulty in adequately replacing him. HONGKONG LEAGUE, DIVISION II,

There were three matches in the Hongkong League, Division II., at Happy Valley yesterday.

the Crown.

Mr. Sharp.--And that is not disputed by Mr. Potter went on to say that at the time the fugitive was supposed to have committed the murder he was a rebel in. arms, and a leader of the rebels. He was not a mere dabbler in politics. He was a lender of the rehols, and at the time this supposed murder was committed he was leading his rebel army; or whatever they might like to call it,

The Puisne Judge Then what you really say is that he was a distinguished political offender? (Laughter.)

Mr. Potter said it came to this; were they trying the fugitive for an alleged murder, or for being a political offender

The Chief Justice here remarked that it must not be assumed that they were. questioning the bona fides of a friendly nation.

Mr. Potter replied that what he was asking their lordships to do was to give a finding on the point as to whether his sur render was being asked for by the Chinese Government with a view to trying him or punishing him for a political offence. If they gave a fhding on that point be could sit down.

In giving their decision in the matter, Mr. Musso asked the Court to consider the situation, and, upon finding that the ne- cused was not a bona fide resident of the Settlement, to consider whether it would not better serve the ends of justice if the Court would allow the Chinese authorities to exercise jurisdiction over the prisoner. He asked that he be handed over to the Chinese authorities forthwith.

In giving judgment, Mr. Grast Jones

Boid:

no longer associated with that journal. There is a suspicion that the proprietor- ship is not in the hands of neutrals, and certain statements are made which are

for this organ. Enough

The Tientsin Sunday Journal, though still edited by an Italian, continues its anti-British and pro-German campaign, and no language is strong enough for Mr. Borioni to apply to the hated English. Fortunately, he is not being received as he once was by members of the allied nations, and he is no longer a welcome guest in the Hotel de Wagon Lits.

of British support for said.

GYMKHANA.

CIGARS

MADE IN MANILA

BRITISH MANUFACTURE.

REINA VICTORIA

Estrellas

100

$6.50

* 50

$8.50

50

$9.75

Perfectos, Tin foil...

25

$2.50

Rings only

25

$2.25

Princessas

50

$2.00

High Life in the Eas

50

$2.50

Imperiales

25

$3.75

Londres..

-100

$3.00

100

$3.00

Cortado de la Reina

GERMAN CIGARS FROM MANILA.

For information of Trades the following list of British and German Cigar Factories was published in a Government Gazette Extraordinary of the Straits Settlements :----

BRITISH—— “La Minerva,” “La Giralda?”.

"LA PERLA DEL ORIENTE

"ALHAMBRA,"

German

or

German

Controlled

17

"LA FLOR DE INTAL,"

“HELIOS," "YEBANA,”

"LA PRUEBA,”

WINDOW-GLASS,

Dutch-Made, Every Measure.

WATCHES,

Swiss-Made.

ONLY LARGE ORDERS. PRONE: 1687.

INSPECTION OF SAMPLES CORDIALLY INVITED. QUEEN'S BUILDING.

The Gymkhana promoted by the Peking Hunt Club on Sunday last was a great The weather was ideal, the This application arises out of one of the success. most, dastardly crimes, that have ever been, entries were fair, sport was good, and the committed in Shonghai The principal victim of that crime, the dead Admina attendence was large. Thres Jockeys came Tseng Ju-cheng, was a man of exceptional up from Tientsin and secured a creditable The most interesting game was that in character and ability, a inan of whom proportion of wins, leaving comparatively FAIB QUOTATIONS. which the 87th and 88th Companies China in these crucial days has the utmost little for the home riders. An exciting riced. Ho has been murdered in the RG.A. were in opposition. The former heart of the International Settlement. No incident was witnessed in the ladies' race, had to admit defeat by three goals to a

blame can attach to the Municipal Author- when two, ponics refused to stop alter superior combination.

Betchers put up a good performance inities for the reason that Admiral Teeng was drawing with the 93rd Company, the score offered an escort on his way to the passing the winning post and bolted with course twice before they were pulled up. being one goal each; and the Hongkong Japanese Consulate General and, man of their riders, eareering madly round the University also did creditably in taking high courage as he was, declined the offer. a point from the Shropshires' second But it is our duty to do everything in our

power to assist the Chinese Authorities in Both ladies were in a fainting condition but are now little the worse for their mis- string the score being also one each,

their inquiry into this outrage, as well as in their efforts to check a seditious pro adventure. The French, Russian and paganda that would attain its object by. such means. Much has been heard in the Dutch Legations were represented, but not, past of the droit d'asile, the right of re the British, Sir John Jordan having fuge for political offenders. As applied by that doctrine is, from the point of view of the wax, independent States towards each other expressed disapproval of racing during international comity, highly questionable. It has no place at all in this Settlement,

I understand that the Salt Revenue up where we live and trade on Chinese soil, under privileges extended to us by the to the end of October. amounted to Chinese Government. In such a place all $40,000,000, and, as the months of Novem acts of congency or rebellion against the ber and December usually provide a good. government of the country, de facto or de

The yield, it is expected that the total for the jure, must be sternly suppressed. principle by which this Court will be year will show a little increase over that guided, in the fartherance of that object, of 1914. In a few days $5,000,000 will be. may be formulated thus: that political

SHANGHAI AUTUMN RACES.

SUMMARY OF SUCCESSES. The following list shows the most successful owners, jockeys and ponies at the Shanghai Autumn races:-

Messrs. The Chief Justice.-What I say is that

from accusing the Heary Morriss fou must refrain

Lamerton ......... Chinese Government of bad faith.

Durgor

Mr. Hotter said he would endeavour to forget the words "bad faith," and say Robson that they were endeavouring to punish him for a political offence.

The Chief Justice-I do not think we should attack an undertaking given by any friendly Government.

OWNERS.

Hayca Neville Sir Paul John Peel Toeg and Speelmar Ezra Glendaye

Messrs,

Dealing again with the Magistrate's decision, Mr. Potter said that what he (the Magistrate) really said was: (1), I do not believe in the guilt of the accused; (2), there is no presumption of guilt raised in Stewart my mind; and (3), 1 question very serious Burkill ly the affidavits of the witnesses called for Rowe the Crown. The Magistrato deliberately Johnstone went out of his way to question the Hayes affidavits of the only witnesses of the Vida alleged murder. He (Mr. Potter) would

endeavour to prove that the fugitive was

Hill

a political offender of the gravest charac ter, and also, that the Magistrate who The Fly Bird heard the case in the "Court below" did Cestlefield

Loofield not believe him to be a guilty man. To put it plainly, the Magistrate did not Borealis

Haj

believe that the man committed the mur- Homefield der. They must then ask themselves, Consent quite naturally, for what purpose does the Bonnie Boy Chinese Government desire his surrender?

Concession

and also ask whether this charge was not Anzac preferred merely in order to punish him Beaconsfield

for

a political offence.

Their lordships Weyfield

JOCKEYS.

must put it to themselves that it was Perfection Dahlia rather peculiar, thing for a man of such The Nipper high standing in the province to murder Bornite

a cook and steal $700 in goods and money. The Trader

He was supposed to have shot the cook, Automaton and then, with several other robbers, to Suffolk have ransacked the place; that he carried Freddie Aout the usual type of armed robbery,

The hearing was again adjourned.

Cossack

Swenee

1st. 2nd, 3rd.

8. 3

3

3

02

2

5 1

1

0

1

4

2

I

2

I

2

1.

0

THE BALT REVENUE.

effences which involve breach, within the handed over from the Salt Gabelle to the

TOP FLOOR,

3. ICE HOUSE STREET.

WILLEM HEYBLOM,

AMSTERDAM.

HONGKONG.

IMPORTER AND EXPORTER.

SUPPLIES EVERYTHING.

Hongkong, 18th November, 1915.

jurisdiction, of the municipal or ordinary Government, of which sum 81,000,000 will BEFORE criminal law of this country are justiciable be applied to the redemption of the Sze- by this Court; but the interests of justice

so to do, and after a prima facie case has chuan notes which are being converted at

1st. End. Brd. been established, direct that the offender 50 per cent,

7 3 2

5 5 1

4

2 .2

2 4 2

ຄ

1 5

4

2 1

PONIES.

1st, 2nd: 3rd.

1 1-

be delivered up for trial by the proper Chinese Authority,

The prisoner was convicted before this Court in: October 27 last qua charge of conspiring to murder. We now direct that he be handed over to the Chinese Authorities.

THE JAPANESE CORONATION.

Peking was complimentary in its obser- vance of the coronation of the Emperor of Japan. The rising sun was much in evidence ол bunting, the numerous Japanese stores and offices were closed, and even the foreign banks shut their doors. The reception in the Legation was well-attended bar, curiously enough, the

î 1 D WATCHMAN MURDERED AT Foreign Ministers present appeared

2.0

1

2 0 J 20

U

0.0

CEMENT WORKS.

Another Indian watchman has been 3 0 done to death at Hunghom, The body of the Indian who was head watchman

1

0

1

0

0

0 0

0

0

0.

at the Cement Works, was found in a field. There was a rope round the neck, the mar

apparently, having been strangled. There were also many bruises on the body.

Recently, watchman at Macdonald's engineering works at Hunghom was murdered.

in multi and not in eoremonial garb. The banquet which took place in the Hotel des Wagons Lits in the evening was a brilliant gathering, and less formal celebrations took place in the barracks, where members of the allied and neutral guards were enter tained.

"

SIGNS OF THE TIMES. The reconstruction of the Chienmen is proceeding apace, and the improvements ore becoming visible. The fine new thoroughfare is nearly completed, and other street alterations are taking-place, which will transform this neighbourhood. Very significant at the moment is the renovation which is being carried out on The police are making searching a large scale all over the city, the pailows inquiries.

receiving attention these days,

[1176

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ON A HOLIDAY

ORDER THE

HONGKONG WEEKLY PRESS "

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ALL THE NEWS OF THE WEEK FULLY RECORDED. INCLUDING THE MOVEMENTS OF THE LOCAL MARKETS.

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