1918-12-06 — Page 3

AN EXTRADITION CABE. APPLICATION FOR HABEAS CORPUS WRIT.

In the Supreme Court, yesterday, before Sir William Rees Davies, K. C., Chief Justice, Mr Eldon Potter applied for writ of Habeas Corpus directed to the Superintendent of Victoria Gaol to pro duce Kong Chai Ion, otherwise Cong Chai Ian, otherwise Cong Chai, otherwise Cong Chai Yan, before the Supreme

Court.

Mr. Potter said that Kong Chai Te had been charged with being a fugitive offender, having committed an offence a Macao and escaped from the prison there, for which he was liable, to be extradited from Hongkong. The grounds for the application were set down in an afidavit

by Mr. P. W. Goldring as follows:-

(a)--That his identity with the person named in the judgment of the Macao Court has not been sufficiently esta lished.

(b)-That the judgment of the Maeno Court does not disclose a conviction for an extradition crime, within the defini tion of either the Extradition Act or

THE BITER BIT.

THE HONGKUNG DAILY FRESS, FRIDAY, DECEMBER OTH, 1918.

INGENIOUS TRICK FAILS.

An ingenious trick designed, by Chiness to defraud his master of #90 was revealed at the Magistracy, yesterday.

CRICKET, NOTES.

LAST WEEK-END CRICKET.

[CONTRIBUTED]'

match in the outfield by Manicy. After the first pair were disposed of only a plucky attempt by Hamilton preveled the Civil Service score from stopping in the seventies. The Craigengower fielding was not up to the usual standard, but

The win scored by the Civir Service team against the Craigengower Club was Bergt. Field stated that the defendant not generally expected, for Craigengower was employed by Stern & Co. as a had beaten both the strong Kowloon team assistant. On Wednesday evening he re-and the Chinese very convincingly. It ported to his master that a robber had was unfortunate for Craigengower that entered the premises, and, after break Grimmett was unable to play, for he was ing open the safe, had extracted 300 missed both in batting and bowling. The from it. The matter was reported to the ground just suited the bowlers; hence the Police by both the master and by the comparatively low scoring which ruled defendant who declared that he had throughout the game. bean bound and gagged, and produced Wood and Bird, who opened for the several wire gugs as proof. Sergeant Civil Service, did not find it easy to get Field visited the shop and found that the measure of the bowling. Omar's glass pane had been removed from the deliveries were very true, and the ball window and sate broker, Careful investi was keeping very low, so that both Wood gation was made, and, suspicion falling and Bird deserve more credit that udal on the defendant, Sergeant. Field ques for their determined batting Wood was tioned him. At first the boy emphati-out to remarkably good one hanged cally denied the charge, but, after a few minute deliberation, be admitted it.

Mr. J. R. Wood: Why did you do it Defendant: I was batd-up and want ed money.

Complainant stated that defendant was

of the ball. at Canton,

Mr. Wood sentented, defendant to six won the game if they had been

The Craigongower eleven might have months' hard labour.

steady in batting: Bird was not so diff cult as his average (6 for 36) indicates OF Thompson failed to get started almost a catastrophe for his side. The end of the match found Craigengower only is SUCCESSFUL POLICE RAID. rans in arrears It was R. E. O. Bird's At the Magistracy, yesterday, before match, for he was not only top-scorer for Mr. C. D. Melbourne, five Chiness were his sido, but also the most successful

bowler. charged with being in unlawful posses sion of three dangerous-looking daggers.

Craigëngower now shares the League One of the defendants stated that the honours with Kowloon. After their defent daggers were used by his little son for by the Civil Service, I am not at all cery tain that Craigongower will gain the the purpose of cutting fruit.

Sergeant Blackman stated that, by points to-morrow unless, of course, the virtue of arms warrant, the Police University men, who are so thoroughly raided No. 7, Tin Po Street and searched

at home on their own ground, find them. the premises. They found three daggers esat on the Craigengaver underneath a mat in the first cubicle; ground. also a jacket of pepper and a quantity of papers relating to

the Treaty with. Portugal, nor of the previously employed in the branch office perhaps this was due to the greasy state

Macao Extradition Ordinance No 1 of

1881.

(+)-That the warrant is bad as it contains a different name from that dis closed in the said judgment of"ibe; Macao Court.

(d)—That the judgment of the Macao: Court discloses an offence outside the jurisdiction of that Court, and the offence is, therefore, not an offence in respect of which the Hongkong Court should, or could, grant extradition.

(e-That the whole of the extradi- tion proceedings are bad, as they should have been brought under the local Ordi-

nance No. 1 of 1881 and not under the Extradition Act of 1870.

(That the Magistrate was wrong in refusing to give a definite ruling to whether or not such proceedings were

bad until the case for the Crown was closcil, as the solicitor for the defence was embarrassed to such an extent that it was impossible to decide what er dence (if any) to call on behalf of the

defendant until such ruling had been

UNLAWFUL POSSESSION

* ་*

DAGORRS

Triad Society.

A Chinese lukong stated that when he

entered the cubicle he noticed the de fendants asleep. He woke them up, and, given.. Mr., Potter went on to say that he pro-alter discovering the daggera, marched posed to drop ground (e) as Mr. Gold them to the Falice Station. The books ring, in the Policy Court, had considered found on the premises dealt with a Triad that, it was not a material point.

His Lordship agreed to that ground being struck out-

Mr. Potter said he wished to add an other ground that the Magistrate should Lave informed the prisoner that he had right to appeal to the Supreme Court within 15 days, under Section of the Macao Extradition Ordinance.

This having been agreed to, "Mr. Potter said he would deal only with point (c) be thought it was so strong that his ap plication would be granted. He then went en to give the position of the case in regard to extradition. There was he mid, a special Macao Extradition Ordi Bance No. 1 of 1881-for the surrender of criminals from this Coleny to Miño, which was in existence long before the Treaty was made with Portugal for the extradition of.

Society.

•

more

Carpl. Mann (RG.AP Civil"

Service)

C. E. Marley (University

A.

V... $8.

Grimmett (C.CO. 1.

Bergt Athorne (R.G.A. v. Univer

1)གགས་པས་དམ་ཅནམཏཿ--ཅནཐོ

J. P. Robinson (Kowloon v. RE) 36' Gar, Baines (BG.A. r. Civil

Service)

Durresi 35 ♬ R. Fastonji (Kowloon 'v. R.E)... 34 Corp Mann (RGA ». Univer-

'Bity)

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Acentury" by Sergeant Hall against | CRAIGENGOWER O.C. •». UNIVERSITY. the University was the chief feature of q match played on Saturday between the Manchester Regiment and the Univer, sity, when the soldiers made a very success

This League match is to be played on Saturday at 8 pm on the Craigengorer ground. The University will be repre

fel debut in the League. It was the sented by:AH Eumjaha (Captain), first three figura score compiled this year D. K. Samy, W. Gittios, E. S. Lim, at the expense of the University, and with S. C. Ang, M. P. Choa, T. E. Yeah, B. such finished freedom did Hall bat that A Redmond, J. D. Wright, B. A The Magistrate: How do you know he must be considered a certainty for the Ponsonby Fane and G. E. Marley. they referred to a Triad Bociety Services, tenin against the Civilians of Reserves T. L. Chesh Witness: I am not quite sure on the Christmas Day. The bowling seemed all point, but I was under the impression alike to Hall, and he punished it very that the written characters on the book severely. Keenan's was made in related to such a Society being in exist happy-go-lucky style.

encc..

Defendants stated that the daggers were left in the cubicle by a little boy, who is a hawker. The books were not in their cubicle, one of them being found in the pocket of another man.

When they went in to bst, the Univer sity eleven found the Manchester Bowling even easier than their own bowling had seemed to the soldiers, with the result that they scored 131 runs for the loss of five wickets when stumps were drawn. Mr. Melbourne fined the first, third, Marley's 41 runs were made in his usual fourth and fifth defendants. $130 each, faultless style. Both Ponsonby-Fane and The second defendant was. Ened 8950. with Coon were going strong when play or, in default, six' weeks' hard labour. the alternative of three months hard ceased. labour.

fugitive offenders. was subsidiary to the Ordinance.

This Ordinance was specially passed

His Lordship observed that the Treaty

Mr. Potter said that was exactly his

LEAGUE TABLE.

(UP TO NOVEMBZÁ 10TH).

Craigengover Kowloon

as well as any future Ney MR. E. as application

Hi cos that as

O

in this Colony to deal with special point. The clear intention of the Treaty Civil Service cases of surrender to Macao Ho (Mr terms of the existing laws for the sur-University

· WŁA to preserve, absolutely intact, the E, G. A. Potter) contended that the prisoner should render of have been dealt with under the Macaolwi Extradition Ordinance, No. 1 of 1881, and had been made to him to grant a rule, Manchest not under the Extradition Act of 1870, it seemed to him that there was sufficient The Crown, on the other hand, contended naked in what way was the prisoner Ground for granting the request.He that they were entitled to proceed under demained under the provisions of the the Home Extradition Act (which, of

Ordinance

Mr. Potter said that the prisoner would course was valid in the Colony also) have been in an entirely different post- and ignore the Macao Ordinance. This, tion. By section 6 of the Macao Extradi- tion Ordinanco 15 days would be allowed of course, lelt Counsel in a peculiar posi-for appeal to the Supreme Court against to be made

or revise the

MANCHESTER REGIMENT. B.E.

The following will represent the Manchester Begiment to-morrow against the R. Es at Happy Valley:-2nd-Lieut. Cavenaugh (Capt.), B. Q. M.-S. Allan, Bergta Bilson, Goodman," Hall and Keenan, Cui. Harden, L/c. Ellaby, Pies. Walker, Maloney and Smith. Beserves: Sergt. Canavan and Pts Newey.

CRAIGENGOWER ». UNIVERSITY.

The following will represent Craigen- gower in their League match with the University to-morrow," on Craigengewer's grounds-R. Basu (Chpt.), F. G. Thomp FTP. Ferd, A. W. Grimmett, L. E, Lammert, G. Manley, J. D.. Noria, U Omar, M. H. Abbas, W. Hall and A Coldenberg.

NOTEWORTHY BOOLES. Borgt. Hall (Manchesters v. Uni- C, P, James (Kowloon v. RE) ::81 Opl Waller (R.E». Univamity), A. E. Wood (Civil Servios

C.R.C.)

tion, inasmuch as there were two acts the decision or for application The Chief Navy)

AH Rumjohn (University D. of law governing extradition in the for a writ of Habeas

Justice might then, alhrm Colony. He submitted that the Maca decision of the Magistrate, according to

Bergt. Perkins (R.G.A.. Univer Ordinance was the only one under which evidence as to the criminality of the man.

whether there was or not prima facies)

Comm. Gibson (Navy. Civil the prisoner could be surrendered The Chief Justice further had the right Service) for extradition to Macin The Treaty to recall the witnesses and hear fresh

evidence Such a right was of with Portugal was signed on 17th October, ous importance to the fugitive. The 1899, for the surrender of fugitive Crown could choose one of two modes of criminals, and it was net till March 19th, chosen, that mode which deprived the fugi- procedure; in fact, could choose and bad 1874, that the Home Extradition Act was tive of the rights he had mentioned. In applied to cases of surrender to Portugal paragraph 3 of his judgment, Mr. Wood

the Magistrate, said: Mr. Goldring, for

· tremend-

2

58

250

Redmond (University

Commz. Gibson (Navy : Univer

sily)

54

Big Hack (Navy r. University) Cheng Chi (CRC.. CCO)

R. A. Ponsonby Fans (Univer

Commander Gibson (Navy

Kowloon)

CJ. Stapleton (Kowlo

Nary)

G. E. Marley (University v. Navy) 47- K. MacKaakill (Kowloon

R.E.)...

in accordance with the terms of the the fugitive, has claimed his discharge.EE.) Treaty. The Portuguese Treaty, by on the submission that valid extradition proceedings between this Colony and Article 17, expressly reserved the right of Macao can only be brought in the ense both contracting parties to make any of Chinese subjects (as a matter of fact. provisions they like for extradition of also mentioned Portuguese subjects but interposed Mrs. Potter, Mr. Goldring bad fugitive offenders. He submitted that the that was not important as the prisoner Ordinance had been kept on the Statute Extradition Ordinance (No. 1 of 1891), was a Chinese subject), under the Macio Book and the Act was put in to cover the the present proceedings being wrongly etuating provisions. In the present case brought under the Extradition Act 1870 there were the provisions in existetico Whether the local Ordinance is now in this submission I do not agree from 1881 to the present day, under the force or not, the prosedure adopted by Macao Ordinance, and under those the Crown is, in my opinion, regular Arrangements the Magistrate should have informed the appellant that he was enough for him to grant the applica

Hi Lordship said the point was FORGA) seasons. entitled to appeal within 15 daya.

tion. When the order came up to be (Continued at foos of next column.)

RA Ponsonby Fane (University made absolute, two judges would sit

19. BGA)

F. G. Thompson (0.CC #CRC) Lieut. Kennett (Navy Civil *Service)

E. H. Tayler (Kowloon . Navy), 45- AH Humjohn (University

43

"GOLF"

ROYAL HONGKONG GOLF CLUB.

The draw for the Woodhouse Cups as follows;

Za Bound

Mrs Dreaper and Mr. Moore . Urs Crawford and Mrs. J. W. Stewart

End Bound.

Mra. H. Griffin add Mies Rodger Mr. G. M. Harston and Mrs. Wakeman Mrs. Goodban and Mrs. Thursheld o M. Draper and Mrs. Mcore of Mrs. Crawford and Mrs. J. W. Stewart,

Mrs Maitland and Lady Boos-Davier

Mr Bitchie and Miss Wilkinson: Mrs. Adams and Miss Gordon Mrs Middleton Smith and Mrs. Bedifiqnd:;

The dates for pleasing the rounds are follows: 1st and 2nd rounds by Dee rd, 3rd round by Jan. 4th; final round by Jan. 16th,

FOOTBALL.

HONGKONG FO.. THE NAVY.

Hongkong F.C. will be repr the following in their League mat

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