1918-05-01 — Page 3

Page

THE DEPORTATION CASE,

ACTION AGAINST GOVERNMENT OFFICIALS.

CANTON NEWS.

(BY COURTESY OF THE JAUNG NGDI

CANTON, April 30th.

THE CIVIL GOVERNOR.

We are informed that the report of the Civil Governor's resignation is uncon- firmed.

NAM HUNG,“

It is reported that Northern troops re-occupied Nam-hung on the 26th Pet

DEFENCE CONTINUED:

The action which Li Hong Mi, a solicitor's clerk, whose deportation has bonn ordered, is bringing against the Captain Superintendent of Police, the Secretary of Chinese and the Attornes General, was continued at the Full Court

A very large body of Yunnan troops has yesterday.

Mr. H. E. Pollock, K.C., and Mr. C. Gbeen dispatched to Nam-hung over the Alabaster, O,B.E., instructed by Mr. Canton-Hankow Railway. Wilkinson, of Messrs. Wilkinson & Grist, appear for the plaintiff, while Mr. E. H. Sharp, K.C., O.B.E., and the

SEQUEL OF THE BOND EXPLOSION5.

It is said that several Germans who were employed to manufacture bomba, were killed during the explosions which

THE HONGKONG DAILY PRESS

SPORT.

ASSOCIATION FOOTBALLA Tho 1917-18 football season closed on Saturday with the defeat of St. Joseph's College by the South China Athletic in the second division. By this victory the Chinese tears won the longue. The result

WEDNESDAY, MAY 17, 1918.

CRIUKET.

RE. v. 88mm CO R.G.A

At Happy Valley, on Monday, the RE defeated the 68th Co. R.GA. in the final for the S.C. Cricket Shield. Tho RE batted first, making 73. The 38th Co were all out for 33, C.Q.M.8. Benkes

is a popular one, for most footballers performing the hat trick with tha admit that for attack, combination, clean last three balls of the match. Scores kicking, and good defence work, the Athletic are easily the best team in the

junior division

Their weak point is their shooting. A glance at the table shows that the next

team below them has scored almost double the number of goals: that four teams have beaten them as regards the number

Attorney-General, Mr. J. H. Kemp occurred at Canton the other day. The of goal scored; and that Kowloon, which

U.B.E., instructed by the Crown Solici

represent the defendants.

10.

nttar. People are surprised; that energies should be employed in such work when they should be interned.

crew of the fiorman gunboat Tringlan, which was taken over by the authorities, The plaintiff claims that the Deporta-have demanded an investigation of the tion Order is bad in law because of the wrongful procedure taken under the Ordinance, and, alternatively, submits that if the procedure was correct then. the Ordinance, is ultra vires by reason of its repugnancy to the principles of

natural justice.

·

THE CANTON HANKOW BAILWAY CO

The Tuchun has given orders to the Canton-Harkow Railway Company to keep for military purposes all monoy remaining alter paying the ordinary expenses, and to have cars ready for con veying troops to the northern borders.

bren explicitly expressed. The accused party was

not entitled to anything which was not definitely laid down in the Ordinanc

The Chief Justice: The Deportation order was made subsequent to the pass ing of this Ordinanco.

passed in October. The man was arrest

Mr. Sharp Yes. The Ordinance was

ed in November.

Their Lordships have already intimat ed that they have no difficulty regarding the point raised as to the validity of the Ordinance, and Mr. Sharp yester day, therefore,' devoted himself to the other part of the plaintiff's claim that ti procedure, under the Ordinance was not in accordance with the proper inter pretation of the provisions of that Ordin- auce. Mr. Sharp referred at some length to the case of Lo Teun Man which had heen tried in that Court under tho Deportation Ordinance of 1882, when the present Chief Justice was Attorney General. The 1882 Ordinance, he point

After the adjournment for tifin Mr. ed out, was silent as to the right of the

Sharp dealt in detail with the plain accused party to be heard. There were Liff's complaints. Respecting the incid no conditions laid down governing the

ents in gaol, be argued that if a sub- interview of the accused party with the ordinate had exceeded his duties, or had Secretary for Chinese Affairs In such a

noted in excess of his instructions, case it could have been argued, in the was not a matter for which the Captai absence of any definitely stipulated pro- | Superintendent of Police could be held cedure, that the Legislature contemplat. liable ed proceedings would be conducted, in accordance with the principios of Com mon Law. The Court, however, found that the procedure which had always been followed under these Ordinances,

and which had been followed substan tially in the case now before them was the proceduro contemplated by the Ordinance. Their Lordships' task in the present case was much simpler, because

After

Mr. Pollock suggested that if that was the attitude the defendants were going to take up it should have been outlined in the pleadings,

It was pointed out that no violencs

was alleged by the plaintiff and that the Captain-Superintendent of Police accept ed responsibility for acts done under the regulations.

The Chief Justice It is a technical

is the third team from the bottom of the league is credited with two more goals than the champions,

The Athletia possess two splendid backs, however, and to these players belongs the chief credit for the final position of the team. The Athletic is the only team in the second division that does not show its 8 ndverse goals comparing very fav double figures for goals scored against it,

ourably with the Bath Company's 14, and the Royal Engineers Reserves' 19,

The

season opened with a little un pleasantness, but on the whole, it has been very free, compared with last year from those unpleasant incidenta" which occurred so frequently in the previous

season.

Ono good feature of this winter has been that all the Clubs, with the CXCED tion of the Middlesex Reserves in the 2nd division and the H.K.F.C in the Hongkong Langue, have been able to carry out their engagements Some of them, especially the second division teams, got considorably behind with their

had to xtures and many dates had to be arranged in some cases two or three times but it is satisfactory to note that the Clubs did their best to meet their engagements, irrespective of champion- ship prospects..

Sgt. McGregor, e Harradale,

Bains C.Q.M.S

Grahames, Vant,

Corpl. Adams, o Desborough,

Graham

Spr. Waller, b Bains

L-Cpl. Pascall, b Graham Spr. Gordon, 8 Sherman, b

Graham

Spr. Osborne, run out Spr Millard, b Bains S.Sergt.

Graham

Cripwell, Bai

Spr. Clarke, b Bains Cpl. Heath, not out.

Extras

Total

Bowling Analysis,

Gr. Bains Cpl. Graham

15

14.2 5

85TH DO R.GA Gr. Cooper, b Cripwell Gr. Sharman, b. Reakes. Br. Drummond, b Reakes Gr. Bains, b Cripwell Cpl. Graham, b Renkes

Mr. Gr. May, e Clarke, b. Cripwell Gr. Baith, not out

Sgt. Desborough, B. Cripwell Sgt. Tipper, b Renkes Sgt. Vaat, b Reakes Gr. Barradale, b Roakes

Total

Bowling Analysis.

◊.

C.Q.M.A. Boakes. S.Sg Cripwell

6.4.-0

.0

3.

much more satisfactory this year,

The arrangements for grounds were The Navy ground and the Club ground were always available for matches, first divi sion fixtures being played on the Club

YAUMATI SCHOOL SPORTS. ground whenever possible. The Military. The third annual sports in connection ground was not used at all. It seems with Yaumati School took place on Mon- strange that there were no less than day afternoon. The school football nine military teams without a ground fit. to play on, while the Club with one team, sion, and there was a large attendance

gmund was gaily decorated for the ocea and the Navy with one team, are each of the parents and friends of those com- allatted a good ground.

peting The team races from the various

schools were keenly contested. The lat

The egg-and-spoon race and the lantern ter was won by Ellis Kadoorie School.

race caused a good deal of statement.

During the afternoon the band of the 18th Infantry rendered an interating programme. At the close Mrs. Irving distributed the prizes, for which she te caived three hoarty cheers.. The prize

Frequent mention has been made dur

in the Deportation Ordinance, 1917, it offence, I suppose, in the sense that it ing the season of games being interrupted classes in the school and the Government

was stated explicitly what was to hap was unnecessary, pen, what course was to be pursued.

I expect when the Captain-Superintendent of Police come The Chief Justice: The 1882 Ordin-into the witness-box he will say that if ance was silent as to procedure, and, his instructions had been specifically therefore, in Lo Tsun Man's case the carried out this would not have hap provisions of the Ordinance may have

pened. been strictly complied with. Now a de finite procedure is laid down. The

Mr. Sharp No. He is going to say that the man raised no objection; that

by encrouching crowds, especially when the South China Athletic were playing The grievance has continued throughout the season until last Saturday, when policemen were on duty and troublesome spectators were shown that it is quito possible to witness a game from the right side of the roper

Altogether, the season has been a very

accused party is given an opportunity the ucts were done in the course of the successful one, and much credit is due winners were as follow :—

to produce witnesses and so forta. Inasmuch as such a procedure is express ly adapted to the purposes of the Ordin ance it is a question whether that does not now involve the application of tho ordinary principles of Common Law. It appears that the Legislature considered that something further was necessary than that provided under the old Ordinance

Con

to the various committees and the hard- working Hon. Secretary, Mr. P. W. Wright.

ordinary routine of the gaol and, that

responsibility for the regulations the regulations apply. Ho takes full

tinuing, Mt. Sharp said if it was held that the gaol regulations did not apply he would argue that the ordinary gaol routine necessitated some such regula tions, that some sort of supervision was CLUB: required, and that the result would be 'R.G.A, much the same.

R.E.

The Chief Justice: Is there no Navy distinction drawn between any ordinary R.KFC. criminal and a man waiting deportation

Middlesex

CLUB. H.K.D.C. R.E. RGA

Mr. Sharp quoted authorities with the intention of showing that where a parti oular procedure was laid down, was expressly provided by statute, that was the procedure which had to be observed, however widely it might differ from the ordinary Common Law procedure of a trial. On the other hand, whero no such procedure was provided, it was in those CASBE, as a rule, where Common Law stepped in and supplied what was neces drastic provision and wholly unneces sary. The Ordinance said certain things. In the special circumstances of "shall" be done. If those things wero

the case it was wholly unnecessary, even not done then the requirements of the Ordinance were not carried out. That

although the regulations may apply." was certain. No step whatsoever need

There was some further discussion, and be taken except those expressly specified said, "I understand you to say that the Chief Justice, addressing Mr. Sharp, The procedure to be adopted at the wherever a number of men congregate interview of the accused party with the together some regulations are desirable, Secretary for Chines Affairs was laid point out that they may be necessary down with great detail. That procedure had been followed,

in certain Bubsequently the

cases, but in the special cir Ordinance referred to the action which

eumstances of this case they were wholly might follow upon the consideration by

unnecessary. the Governor-in-Council of the report expression of opinion.

Mr. Justice Gompertz endorsed this from the Secretary for Chinese Affairs, Mr Sharp If the prison regulations and it had been argued that the words do not apply and in the view of the

Mr. Sharp's reply was inaudible to those in the body of the Court, but it was heard by the Chief Justice and obviously did not satisfy his Lordship, who remarked with considerable ou phasis. "It is my duty to say so, and, Navy sitting here, I do say that this is a very

LEAGUE TABLES

HONGKONG LEADUS.

Goals.

B

3

0 0 15 1:16

21 30 4 11

3 $.0

B

6 1 4 9 8 14

8 *

UNITED BREVICES LEAGUERA

Middlesex

P

B4

Long Jump, for boys over ft. lin.-1, Lui Me In (15ft. Sin.); 2, Lui Tok Kai (15ft, din.)

Long Jump, for boya up to 5ft. lin.-1; Mak Tak Ming (18ft. 2in); 2, Ng Chi Hing (18. fin.).

High Jump, for boys over 5ft lip.-), Lui Tok Kái (5ft.); 9 Lai Tok (4ft. Jin,).

High Jump, for boys up to Oft. lin.—1, Ng Chi Hing (ft. in.);,2, Lui Chung (ift, in.).

100 yds. Flat race, for boys up to 5ft, lin-1, Ng Chi Hing; 2, Mak Tak Ming; 23, Chan Kwong lu

-3.25

Goals. D. A PS 22:10

24 10

40 10 10 41-11 10

3 415130 HONGEONG LEAUUS, DIVISION II.

Goals. PAWL D. F AP 16 22 22 24 8 20

CLUB.

S. China, Ath. 88th Co BE. Reserves

St. Joseph's Staff & Dpts.

120 yds. Flat race, for boys over 5ft. lin-1, Lui Tok Kai; 9, Lasi Tak; 3, Leung Tat Wa.

200 yds. Masters' race (handicap).-1, Mr. Chin Him; 2, Mr. Ho Yan Tak; 3,

Mức, làng Trong n

100 yds. Three-legged roo, open-1, Lui Tek and Chan Wing Sang; 2, Ip On Wai and Cheong U Yam.

60 yds, Sack race, opon.-1, Leung Kwai Chil; 2, Tam Chun Fu; 3, Cheung Chin

200 yds. Flat race (handicap) for boys

3 51 14 25 up to 5It, lin-1, Chan Kwong In; 2, Ip

39 19 29 Kam Mun; 3, Chan Chi Choung.

7 8 1 25 20 15

1:19 25 15

2.96 311

19

440 yds. Flap, race, (handicap) for boys Ure of Th1, I'm Tak; 2, Lui Tok Kai; 3, Lin Mo Ín.

100 yds. Egg and Spoen race, open-1, Ho Lam; 2, Lin Me In; 3, Wong Cheung Kang

87th Co. Kowloon 83rd Co. Middlesex Res....16 0 14 2 12 50 2 Tse Epp Kai; 2, Chan Ting Kwai, 2, Half-mile Flat 1300 for past pupil-1 Yeung Wing Cheung,

HONGKONG TRAMWAY CO., LTD,

ite approximate akatement

of tram

100 yds. Lantern mor, opes-1, Chan Yong Tai, 2. Wang Man Cheung; 3, Cheung Chin Lan 4, Ho Laoi.

Team race, open to all classes (s team

of 4 boya each to run 200 yrs) Class 5

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*after the consideration of the report" is quite clear that some regulations are receipts For the week ending 27th April 1, Lin Mo la 2, Leong Tax Shing; POSTAGE STAMPS, VIEW POST-CARDS. SO, 1917

gaol authorities they do apply then it meant that such consideration should necessary. Continuing, Mr. Sharp dealt are as follows

have all the ordinary concomitants of a trial. If that was the intention he sul mitted that such an intention would have (Vontinued et foot of next Column.)

be represented before the Becretary for with the right claimed by the witness to Chinese Affairs by a solicitor, and con tended that he had no such right either This Year. by statute or by established practice. Lars Year

The case was then adjourned,

Intre

Becely

for

Aggregate receipts.

· week.

for 17 week.

$13,039 12/01

6,293

Yam Chun Fu; 4, Lau Tak Kai,

Team race, open to the 4 Government district schools (& team of 4 boys each to run 200 yds) -Ellis Kadourie

100 yds. Flat race, for small boys up to 4ft. 6--1, Ng Chan Wing, 2 Wong Tak Choi) 4 In Ear Tran

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