1918-05-04 — Page 3

Page

THE

DEPORTATION

CASE.

ACTION AGAINST OFFICIALS. A DIFFICULT ORDINANCE TO

CONSTRUE.

THE BONGKONG DAILY PRESS SATURDAY, MAY 4rs, 1918.

under the provisions of this Ordinance any person is liable to deportation or should be deported shall be final and conclusive for all purposes whatsoever."

The Chief Justice; That last clauso was intended to provent such proceed ings as are now being taken i

Diy Lord

SEMMING UP FOR THE PLAINTIFF The Attorney-General That is 80,

The action which Li Hong Ma solicitor's interpreter whose deportation

Very

Mr Pollock here- protested strongly that if such a point was serious

has been ordered, is bringing against intended to be taken it ought to have the Captain Superintendent of Police,

been taken long ago, it ought to have the Secretary of Chinese Affairs and the

appeared in the correspondence. The Attorney-General, was continued at the

point was waived, as shown by the Full Court yesterday.

correspondence.

Mr. Justice Gompertz: How

01r. H. E. Pollock, K.C., and Mr. Q,0, Alabaster, O.B. instructed by they waive such a point? Supposing Wilkinson, of Mesars. Wilkinson this section specifically takes away the Grist appear for the plaintiff, while Mjurisdiction of this Chart to enquire E. H. Sharp, K.C., O.B.E. and the into what has horn done, the fact that Attorney General, Mr. J. H Kemp, they did not refer to it in the correspon

B. E., instructed by the Crown Bolie dence makes no difference. They cannot tor represent the defendants.

give us that jurisdiction.........

THE ATTORNEY-GENEHAL. The Attorney General, continuing his suming-ap on the evidence, said their Lordships would not, of course, that the Governor-in-Council would act without evidence or contrary to the evidence The Deportation Ordinance was passed to meet speriat circumstances and

there must be cases-there were cases

general charge was really in which a the only possible one. As regarded the fairness to the subject the interests of tho Colony minder the procedure fair and reasonable in the same sense that the interest of the Stato mate it fair that one man should be kept at home working Von munitions whilst another was sent to the trenches; it was impossible in special circumstances to secure absolute

Me Pollock The Governor's de сініон fac

op the merits of the case, on the his decision as to whether the accused is innocent or guilty is final and conclusive. I have understood that all along. The point which has now been raised is one of law and should surely have been taken as a preliminary objection to my being here. What is the good of my addressing the Court on the proper construction of the Ordinance and the Counsel,on the other side address, ing the Court in order, at the last moment. for it to be said that the proceedings that the Governor-in-Council is absolute ought not to have been taken at all, and

mean that no Court

supreme not only as Atribunal to establish guilt or innocence, but as a tribunal of law. It was quite reason- able to construe that particular section of the Ordinance to could question the decision of the Governor in Council on the merits of the case. Now, however, they were told that the Court's power to decide whether the Governor in Council had acted accordance with the law was deemed to have been taken away. That, he sub mitted, was unreasonable.

in

Mr. Justico Gompertz to Mr. Sharp If you had not rated legally under the Ordinance even then there would be no right of redress by the Court?

principle which should guide the Court in approaching this very difficult ques tion of construing a very difficult Ordin ance. This was not un Ordinance which plainly gave and plainly took away any rights. It was a very dificult Ordinance to construe and it was very, very hard to say exucily, what it

His meant. learned friend and he had, in fact, sowe times, found it very difficult to see eve toerens to the meaning intended,

although they both agreed that the menn.

SPORT.

GOLF

DRAW FOR THE GOVERNOR'S CUP

The draw for the Governor's Cup is as follows. The first round is to bo played on or before May 19th and the second on or before June 2nd

W. D. Kraft and Major Robertson (24) VS. Evans and R. J Wilton (24)- bye :

H. C. Bandford and D. Maitland (24). E. J. Grist and G. i. Young (24)→→ hye

ing which the Crown was seeking to put on it was wrong and impossible one The 1917 Ordinance in its main, features Lindsay Woods and E, Thorne (20) e. was based on the 1019 Ordinance The E. Des Vœux and A, R. Lowe (26) bye present. Ordinance was an ext

an extension of P. J. Falconer and S. E. Hodge (30) the 1912 Ordinance and he relied on that do Rome and Col. Mayhew (29) date-1912-to help in the construction R. E Lindeel) and G. G. Wood (23), of the Ordinance now before them. R. J. Rawlinson and E. B. Lambert

wbefore From 1882 to 1912 they were covered by

(28) the Banishment Ordinance of 1893. Af (20) J. C. Fletcher and J. Martin (28)

01. Harstou and E. D. C. Wolfe

the end of the year, 1910 the Full Court Hooper and W. L. Leask (27) V was called upon to construe. the 7882

1. Fairley and E. J. Edwards (28). Ordinance, which was an Ordinance ap- (23) : Ritchie and D. Danby (18).

Syme Thomson and H. A. Lammert plicable only to aliens whose right of D. Landale and Morton Smith (28) residence was a mere legal licence and A. Leach and W. M. Fleming (29). not a natural right. It was an Ordin once in which the order of banishment proded the arrest. It was an Ordin ange which did no create offences. It was an Ordinance in which there was no question of it man being charged. It was ton (29) an Ordinang, which provided no proce-T G. Turnbull and G. A. Woodcock dure and no machinery. For those tra- (82) JB Lancaster and Capt. Buck sons be had just given based upon the | (30) peculiarities of that Ordinance the Full H, Murray and F. A. Weils (29)

principle of natural Justice did not PP. Wodehouse and F. Bevington Court dreided that the Common Law | (26).

with that I They found that early in the AGM Fletcher and G. H. Wilson apply. - How bed the Legislature dealt (29) v. C. C. Stark and Middleton-Smith

year 1912 the Legislature swept that (32) 1.-N. J. Stubb and Capt. Gray (24). Ordinance away and substituted another

Dr. Forsyth and P. H. Holyoak (20) Ordinance which introduced the very . A. B. Raworth and J. Gibb (26). features which were absent in the old

TJ Fisher and R. E. O. Bird (28) v.

Ordinance the absence of which had been held to take away the Common Law right. If he could show their Lordships no more than that he would argue that

C. A. Redmond and A. G. Coppin (20) 1. J. W. Franka and J. R. Wood (20). **

TR. Chassel and J. W. Mayhew (30) . C. H. Gale and Sir Wm. Rees-Davis (30).

L. N. Leefe and H.E. Sir Henry May (30) A E. Carleton and G. Dunbar

A.

| A.

IM. Hederson and A. 8. McKichau

B. Purves and E. R. Hallfax (27).

R. A Lawson and Dr. Dreaper (18) 1.

W

K. Henderson and A. Morrison (25)

Morrison and W. A. Taylor (29)

from the evidence of these facts alem. C. Davison and II. J. Gedge (25) A. E. Crapnell and NJ Austin (30)

from the extraordinary coincidence of the date the Legislature intended to

E. H. Scott and H. S. Bennett (28) JW Stewart and J. McHutchon (28) bye

C. H. 1. Hay and F. A Perry (28) Lt. A. E. Hall and Com. Beckwith (30)

store what, in that case, was stated to have been taken away. The 1882 Ordin-

AH. Lay and J. Stalker (25) v. F. ance applied only to aliens whɔse banish-C Millington and H Hayward (30) pointment was limited to five years, The

live. Governor-in-Council sued on order to probibit their residence in the Colong during that period. There was no ques tion of arrest or detention under that Ordinance; in fact a man could not be arrested or detained under it

Mr Sharp submitted that the would go as far as that arid claimed that he had held it all along, instancing, in support of this, the example he had previously quoted that Wen if plaintiff thought the Governor in Council was actuated by malice there would be no redress except through the Secretary of State.

equality of treatment to all: As Mr. alifax had stated, public interest de manded this procedure; it was against the interests of the Colony that the evidence should be disclosed. The Legteinture, be submitted, had clearly expressed the view that such a procedure was necessary, and the Legislature buying expressed that view, it was not for any Court to any whether their policy was right or wrong. No question of natural justice could arise if the Statute, took away that right, either expressly or by implication. The regard for natical justice which had been shown. was rather vituperative; it rather teard to exette prejudice. In submitted that the Legislature had not acted out of enprice or with the idea of making short cut to the achievement of their objets, but bad considered carefully the specini circumstances of the Colony and had provided a special procedure to meet those circumstances. The procedure The Chief Justice announced that the had not been laid down now for the first Court was of the opinion that the phrase time, but had been in existence, in its referring to the Governor-in-Council's essential features, from very early Lime, decision being final and conclusive had and it had been formulated: by Statute relation only to the fact of the guilt or as far back as 1918. The procedure had innocence of the accused and was not breu extended by steps to one class of intended to oust the jurisdiction of British subject after another. The last the Court and had not that effect. class added was the one" in which the The Attorney-General, continuing and plaintiff was placed. If the special pro the Courts were not in 'a, position to de edure was not applied to that new classide questions as to the undesirability of the only thing to do was to abandon the a man to the Colony. There were good matter, The argument on the other

reasons why such questions should be side was that the 1682 Ordinance gave kept from the Courts which really had a deportes nothing. He was not entitled not the machinery necessary for dealing to anything. The Ordinances of 1912 with them. If the Legislature had in and 1917 gave him something specific, tended that the documents relating to and therefore it gave him everything--such cases should be disclosed then that The argument only had to be stated in

fact would have appeared somewhere. that way to show how absurd it was,

After the adjournment for tiffin the,

-bre.

LAWN TENNIS.

HONGKONG C.C. TOURNAMENTS.

The most interesting game in the Hongkong C.C. Tennis Tournament, vés-

pionship Bingla, between M. W. Lo and terday, was the replay in the Open Cham

8. Imago. Both players are very evenly matched, and keen contest en-

Mr. Justice Gompertz: Is that so Mr. Alabaster:

the machinery for it? He was detained after the Banishment Order had been issued. It was an Executive act ander the old Ordinance. There was no question of arrest pending an enquiry. In the case. At the commencement of the first before the Full Court in 1910 the ques easy by 8/3 The accond set started in set, ho was out of form, and Imago won tion of substantial justice or injustice Imago's favour, but gradually, Lo im was not before the Court, as the Attorney alter a terrific ding-dong struggle, ho proved his play, with the result that. General at that time showed by affidavits equalised by winning, 8/0. The third set that the accused had been heard and ad. also went to Ln, 6/. In the fourth set Imago gained a load of four games to mitted the offence. The only question one, and it was anticipated that the was whether the provisions of the Ordin match would have to be replayed, when Lo, by brilliant play, won three succes nace had been complied with. He sub sive points and drew level with his op mitted that in the present case the proponent Imago scoured the next point, visions of the Ordinance had not been and again equalised, making the game all Image carried the score complied with. In that car under the to 6/5 but La notched the next point, 1889 Ordinance Sir Francis Piggott making it 6 all. Both players seemed remarked

to be tired and dusk was approaching! that the Court could

For the 7th point Imago started well, invent machinery. Now he obtaining 30 love, but then he began was not asking the Court to invent to misjudge the balls, sending them out score to 7/8. The next game To carried Law to 40 love, wheu, he sent a ball to net, he had been able to trace, this was the take in the text serve and won the match principles had been provided, As far as making it 10/15. He retrieved his mis first time in the history of British 8/6. Both players were loudly applaud- Colonial legislation that a natural-born |ed at the close,, British subject was made liable to abeo The following were yesterday's re- lugs and unconditional banishment to|sults-hy any place. He submitted that no Ordin abolition of the objections raised to the ance could more directly aim at the 1882 Ordinance than the Ordinance of 1912, upon which the 1917 Ordinance was based. It was not until 1917 that in this Colony, and as far as he could, judge in any part of the British Dominions,

not

The Chief Justice: I suppose the Attorney-General argued once again the olher side puts it that if the Legislature question regarding the Governor's deci. machinery. He was asking the Courtside Lo profited by this and raised his thought it necessary to lay down asion and the jurisdiction of the Copy to assume that the Common procedure involving a full investigation, but the Chief Justice laid it down that the questioning of accused, the calling it was for the Governor-in-Council to of witnesses and so forth, that full

decide whether a person should be investigation requires the application of Common Law principles.

deported on the case as presented to the Governor-in-Council and the Court could not review that decision. There, of the words of the Ordinance that the was, however, nothing to take away the Governor-in-Council muy at any

jurisdiction of the Court over the rou time issue a deportation order against any

which had been followed in present person if upon enquiry in the manner ing the case, and with this opinion Mr.

The Attorney-General submitted that such an argument was untenable in view

tine

prescribed by the Ordinance he is of Justice Gompertz concurred.

opinion that such person is liable to deportation and should be deported.

MR ALARASTER,

Mr. Alabaster, addressing the Court on

The manner of that enquiry was laid behalf of the plaintiff, referred at the outset to the reasonable construction of the Ordinance. He quoted authorities

any right was conferred to bãnish an exclusively British subject?

Mr. Alabaster was still addressing the Court when the case was adjourned.

NAVAL PRIZES.

An Admiralty official stated recently that the Government will consider the manner of allocating the Prize Fund, cuemy ships and contraband.

MIXED HANDICAP DOUBLES. C Thorne and Mrs. Black (rec. 15) beat J. B. Irvine and Miss J. Rodger

(001)-6-2, 6-1.

HANDICAP SİNGLES "B

Pegg (scr.)-6-1, 9-7.

Capt. H. Smith (ree. 1/6) beat H.

PROFESSIONAL PALES. Raworth and Murray beat J. Jonkheer and C. Winkler 69; 64

OPEN CHAMPIONSHIP SINGLES. at W. Lo beat 6. Imago-36; 86; 6; 8-6,

TO-DAY'S MATCHES.

The following matches have been ar-

Common Law principles came in. to show that if an enactment was of such which is derived from the sale of seized ranged for to day :--

MIXED KÄNDICAP DOURLËS. FA Redmond and Mrs. Beli (owe 3/6). Mr. and Mrs Vermey (ree 2/6) play

down with the greatest detail. If it had simply stated" upon enquiry" it might, perhaps, have been argued that the

Ordinance, moreover, Baid No steps nature that it could be read in two or proceedings whatsorter other than ways, and that if by reading it in the 26,000,000," he said, and the value of Sales so far have realised about those expressly sperified in this section ordinary sense a palpable injustice would the property not yet, sold is nearly shell be necessary for the making of any

be done, whilst reading is in another another £7,000,000. In the old days the deportation order under this section." sense although it might not be the value of each capture went to the crew That clearly confined the enquiry to the ordinary one-that injustice would not Government may arrange for all officere of the ship making the capture, but the Governor-in Council and it confined the be perpetrated, then it was for the Court and men of the Royal Navy to share. Lovernor in Council to that particular to assume that the Legislature had in place till the end of the war. S procedure. It was made still more clear, tended it to be read in the way by whichi The Prize Fund is not the same as the if possible, by the words "The decision injustice would be avoided

Prize Bounties, which are awarden to J. Stalker and E. Abraham (ger.) play Such the crew of a warship for sinking enemy, R. Hallifax and A. G. M. Fletcher of the Governor-in-Council as to whether ruling, he submitted, laid down the craft.

(ree. 15/1).

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