1918-06-13 — Page 3

Page

THE DEPORTATION

THE HONGKONG DAILY PRESS, THURSDAY, JUNE 13гe, 1918.

Victoria Gaol, where he remains pending bail or discharge. It seems to me that it is possible to my that he is not AGAINST GOVERN- confined in any prison" und if he is

CASE.

Regulations, which are authorised under Section 15 of the Prison Ordinance, 1900 and under those regulations a Prison is defined to inclule Victoria Gaul.

ACTION MENT OFFICIALS DISMISSED.ee confined he is subject to the Prison APPEAL TO THE PRIVY COUNCIL, Judgment was delivered in the Full Const yesterday in the action brought by Li Hong Mi, a soliciter's interpreter, Being of opinion that the Prison. He- whose deportation has been ordered,gulations in question do apply, and in against the Attorney-General, Secretary for Chinese Affairs the Captain Superintendent of Police.

TENNIS TOURNAMENT. SINGLES CHAMPIONSHIP FINAL UNFINISHED.

S

CANE

CHUNG NG01

[DY COURTE

CANTON, June 10th.

THE SALE OF CERTAIN PROPERTY.

ACCIDENT TO GREEN DURING PLAY.

BWITOW REPORTED OCCUTIED. Fate seems to be against the Champion

It is reported that after the Tukien ship final in the Hongkong tennis tourns troops attacked and captured the Ching ment. The match between S, E. Green Hoi tits (adjaomt, to Swatow) on the sti and Ng Sze Kwong has been postponed instant, all the Canton leaders in Swa several times on account of the weather. tow, escaped. Bwatow was thereforo Yesterday, was ideal--at any rate for occupied by the Fukien troops on the 9th, summer day in this Colony. The stands without opposition. Another message the the case of proposed deportees it is unsurrounding the War Charities Court states that over 200 passengers who went and necessary to go further into the matter were crowded with spectators and play on board the 8.9. Wingrang when tho My Messer, the Capt-Super- was commenced under splendid condi passed Swatow the other day have arrived These passengers were The plaintiff asked that the Dentendent of Police, said in his evidence tions Green had won the first set, NS at Hongkong.

Sze Kwong, the second and the third supposed to be the military and political portation Order might I set aside that the examination complained of was

who escaped and claimed damages on the ground conducted by a hospital warder; that it stood at eight games all when an accident members of Swatow that he had been wrongfully used during was done in the case of all prisoners happened. Grecu, in returning a ball to the Fukien troops arrival at Swalow,

& sani quickly from close by the net, twisted or the proceedings which had led up to the under the prison regulations as

tary precaution; and that no objection dislocated one of the muscles in his leg Order being made.

First aid was rendered by Dr. Jordan and, was raised at the time by the plaintiff to the examination complained of or to the Major Robertson, but it was patent to all Laking of his finger-prints. He further that Green was suffering considerable stated that if such an objection had been pain and, after a few moments, Mr. H. A. made it would have been the duty of the Nishot announced that play would have warder to have reported to his superior to be abandoned adding the gratifying

statement that at Ng Sac Kwong' officer, and that if a report hud come.

same future date. Of course, in the before him (Me Messer) or the Assistant queat, the match would be played at

The sale of the gunboat Kwong Hoi, An examination

ordinary way Ng Sze Kwong could claim took place in the Tuchun's yamen on the Superintendent Fuch would have been made by a medical “walk over," und he is to be compliath instant, the boat was purchased by officer in a separate cell. The plaintiff mented upon the sporting spirit shown the Chan Wa Company of Hongkong for did not go into the witness box to chain wishing to day for the coveted trophy 31,201,000. lenge this evidence, and we must there rather then to accept it as a gift. Green, for assume the Captain Superintendent once before, met with a similar accident

able while.

Plaintiff, who is a natural-born British subject and was formerly in the Govern ment Service for many years, was repre sented by Mr. B. E. Pollock, K.C., and Mr. C. G. Alabaster, O.B.E., instructed by Messrs. Wilkinson & Grist. The Government officials were represented by Mr. F., H. Sharp, K.C., O.B.E., and the Attorney-General, Mr. J. H. Kemp, C.B.E.

The reading of the judgmen, given by the Chief Justice occupied the attention of the Court for three-quarters of an hour. Finally, Sir William Recy Davies

F

Voare informed that the Civil Gov ernor was very much excited when he found that the telegraph office building has been sold to the Wing On Company without his permission. He has ordered the sale to be cancelled. The Treasurer,

as a result, has requested the Tuchun to allow him to resign.

THE GUNBOAT ́ KWUNG HOI SOLD.

THE KWANGSI CIVIL GOVERNOR.

We are informed that tho Kwangsi

said:The conclusion at which have of Police's evidence upon this point is and had to give up tennis for a consider civil Governor las resigned. Chan Ping-

When the match was stopped yesterday it would have beca impossible for anyone to forecast the winner of the tournament, Play could not have been more oven. The

wan, the ex-Tuchun of Canton, is ap- pointed to be his successor. KWANGSI TROOPS

It is said that, over 3,000 Kwangsi troops; who v

wero sent to Canton by the

I do not understand plaintiff, arrived may be summarised as follows: correct. The local legislature has entrusted to although smurting under the indignities, to allege that any force lind been used Government official powers of a 'most

or that the prison warder did anything exceptional character; and it has in ex- press and unequivocal terms given to the beyond what was necessary to conform Governor-in-Council powers that overriete with the usual prison routine. If it first eet was perhaps the best from the Tuchan's, request wore held up by the the generally accepted principles of the were otherwise there was an obligation spectators point of view. The rallie Civil Governor's troops near Shiu Hing. on the plaintiff to go into the witness-box were longer and, if anything, the placing was better. There was not much volley

anashing, but the driving, to establish the assault. This being so, I think that the point of assault is ing or governed by the authority to which especially the long back-hand driving, was have referred. irrespective of the question perfect, Green won the first game and his of the application of the prison regula opponent replied by winning the next

Common Law of England affecting the liberty of the subject; and in clear lang uage it has provided that these powers dannot be challenged, assuming that the arbitrary procedure laid down by the Ordinance is complied with. This court,

The matter, it is feared, will give rise to considerable trouble.

therefore, has no power to crerrule its tion. I think it right to add in regard three. Grcen won the following two. The American officer found himself in a severe.

seventh and eighth games fell to Ng Sze Kwang and then Green captured the succeeding four and won the set by 7 to

The sun was exceedingly hot and before the set was concluded Ng Szo Kwong appeared to be seriously distressed and

THE PRINCE OF WALES. During his recent stay in London an

storm. One afternoon a young man in civilian clothes was passing. He anid to the American, "Won't you share my umbrella with me," and they walked along the street together for some dis tang. It and only occurred to the Ame

nctions. We were asked to assume that to a comment which I felt it my duty to

overner in Council had before it proper and sufficient evidence to support the allegations, and that the reports on which sillegations were based justified such allegations. In my opinion we are not this case, that the Captin Supeirntendent there were not wanting those who prerican officer that be had told the stranger

make during the hearing, namely, that the course adopted, whether the prison regulations justify it or not, was wholly unnecessary under the circumstances in of Police subsequently intimated to ine in the witness box that if the matter had been reported to him owing to any ob- ection raised by the plaintiff different treatment would have been undoubtedly resorted to. The action is dismissed.

The Paine Judge also reviewed the case fully and gave a similar judgment The Attorney General, as the Court was about to rise, asked for permission to apply to the judge in Chambers on the question of costs.

The Chief Justice-Yes, if the Crown thinks it desirable to apply for costs.

Mr. Pollock-Our instructions are to

dicted an easy win for the old champion. a good deal about himself, including his The second set, however, came as a surprise. name. The American noticed that every The games were of short duration and one whom they passed seemed to know Green could not do anything right. Ife his young companion and bowed to him. only won the second game, Ng Szo Kwong So he turned to this civilian and said claiming the set 61. The curious part I have told you a good deal about my

The was that Ng Sa Kwong won apparently self-may I ask who you are!!! without effort. His returns were beauti young man answered: "I am the Prince fully timed and again and again he cut of Wales." the ball so effectively that it practically stopped dead after the bounce. He bas certainly reduced cutting to a fine art, and it was his skill in this department which unquestionably beat Groen. The holder of the title depends largely upon his forceful driving, and on numerous

called upon to saune anything of this kind. We are bound by the language of the Ordinance, and the Court has not power to assail it. On the question of thu tra vires of the Ordinance, we have no doubt on the matter, and intimated during the argument that the Ordinance was not in our opinion altra vires. Then the plaintiff alleges that he was arrested aud, taken, “improperly to the Victoria

They had, Gaol, where he was detained for seine

thoroughly well contested. bours and that his finger prints were compulsorily taken by an Indian member

however, to regret the loss of three of their players the Bev. C. L Cooper- of the guel staff, and that he was sub

Hunt, Mr. H. Hancock and Mr. P. II. Cobb, who had gone to take part in a jected to other indignities and be claims

To this the de daninges accordingly.

go to the Privy Council, and respectingcasions, owing to the tactics of his sterner struggle. The best wishes of all fendant Mr. Messer replies that these the question of costs, assuming that your

adtorsary, he would rush up from the went with them. He announced amidst acts were in accordance with the usualLordship made an order for costs against back line, only to fail, by inches, applause that as the result of the large routine of tho gaol provided for purposes us, we should apply for a stay..

reaching the ball.

attendances at the matches something like

of record and health and that the plain-

$2,000 would be available for charities. tiff raised no objection to these incidents at the time, and that no force or persu usion was employed by any of the gaol staff. Two questions arise (1) Do. the Prison regulations apply to a proposed deportee() If the answer is in the negative, was an assault in law committed which entitles the plaintiff to damages! As to the first question the Deportation Ordinance, 1917, empowers the Governor to appoint a House of Detention for the purposes of the Ordinance and in default of appointment Victoria Gaol is to be the House of Detention and the Superintend ent of the Victorin gnol is to be the Super. intendent of the House of Detention. Then the warrant of arrest and of further detention is addressed to the Police and

The Chief Justice-In any event, you are going to the Privy Council?

The Puisne Judge Can you go straight to the Privy Council; won't you have to go before the three judges first

Mr. Pollock-I think so.

The Chief Justice-I hope you can go to the Privy Council.

The Puisne Judge-We do not want to stop you.

In the third set Ng Sze Kwong, who bad shown that he was not so exhausted as he, at first, appeared, won the first game. Green replied by winning the next and from then to the end it was a ding- dong struggle..

Miss Ventris then distributed prizes The prize-winners were --

War

tho

OPEN CHAMPIONSHIP, DOUBLES. Winners-Ng Sze Kwong and Wong Po

The following scores show how the three Keung.

KIEST BET.

Bets weat

Green (games) 1st, 5th, 5th, 9th, 10th," 11th, 12th

The Chief Justice--It is most desirable Ng Sze Kwong (games) 2nd, 3rd, 4th,-

7th, 8th- that you should go.

The Court then rose.

SECOND BET.

HONGKONG POLICE RESERVE.

JENEIN, C.B.B ORDERS ISSUED BY MR. P. O

EQUIPMENT

THIRD SET.

Green 2nd Ng Szo Kwong 1st, 3rd, 4th, 5th, 6th, 7th

Green 2nd, 5th, 7th, 9th, 10th, 12th,

13th, 16th-8

6.

the Superintendent of the House of De Vouchers have been sent to the respective Ng Bee Kwong 1st, 3rd, 4th, 6th, 8th,

tortion, and the order for discharge is. addressed to the Superintendent of the Honse of Detention. Now no appoint nient has been made of a House of Detention, so Victoria Caol is the Elonse of Detention for the purposes of the Ordinance, Well, then, under the Prison Ordinance, 1609, Victoria Gaol is set. apart as a prison, and a person is deemed "to be a prisoner whenever he is con- fned in any prison in which he may be Jawfully confined." It is, I think clear that

a proposed deported is a prisoner within the meaning of this definition.. The definition is general in its terms and embraces any prison in which a prisoner may be lawfully confined. The proposed. deportee is arrested by the Police and detained in custody under a legal war rant, in the House of Detention, which, as a fact, although it is not material; is

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When play was unfortunately brought to an abrupt conclusion, Miss Ventris The fourteen members who "Passed with distributed the prizes won in the other Runners-up-Res. C. L. Cooper Huat

Credit the examination held by Mr-sections of the tournament. In the and Mrs Nisbet

At the conclusion of the distribution of T. H. King, A.S.P., on May 11th,

of Mr F. Maitland, the 1917, and by Mr. P. P. J. Wodehouse, President of the Club, the Colonial the prizes, Miss Ventris was presented D.S.P., on July 6th, 1917, are not Secretary, Mr. Cland Severn, C.M.G./ with a bouquet of flowers in a silver case, required to attend the forthcoming introduced

those and the Colonial Secretary called for Miss Ventris to examinations. Mr. T. H. King has present and referred briefly to those who three cheers, which were heartily given. again consented to act as examiner.

had taken part in the competitions Ho Mr. Severn then referred to the debt of expressed the regret, which all felt, at the gratitude which the Club owed to Mr. accident which had befallen Mr. Green Paul M. Hodgson, the honorary secre and spoke in high terms of the sportsman-tary, who had worked so indefatigably in like attitude adopted by Mr. Ng Sre making the arrangements for the tourna ment, and called for cheers in his honour. Kwong in offering to re-play the fual of There were also given with the greatest

goodwill. the singles championship when his oppon ent had recovered. The entries for the tournament, he remarked, had been very numerous and the games had been (Continued at foot of next Column.)

LUGLERS AND DRUMMERS.

All members of this Unit will attend Monday and practices on every Friday at 6 p.m., commencing an Friday, June 14th.

By Order,

T. F. HOUGH, A.S.P. (8.) and Adjutant.

June 12th-1918.

H.E, the General Officer Commanding briefly returned thanks for the honour which had been shown his daughter in asking her to distribute the prizes, and the gathering then separated.

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