1919-01-14 — Page 3

THE HONGKONG „DAILY - PRESS, TUESDAY, JANUARY 14TM. · ·1919:

CORRESPONDENCE UNIVERSITY OF HONGKONG. MACAD EXTRADITION CASE

THE MILITARY SERVICE BILL [TO THE EDITOR OF THE "HONGKONG DAILY PRESE."]

*i"tt ༄

Lit

JUNIOR LOCAL EXAMINATION

RESULTS.

PASE LIST.

The Fuisne Jadge: Within the provi sions of the Charter.

ru-

LANE,

CRAWFORD & Co.

FULL COURT OF APPEAL.

Mr. Potter: Oh, 3; no one could HABEAS CORPUS PROCEEDINGS, ›

possibly suggest anything else. The laws The Full Court of Appeal, consisting are perfectly valid unless they are re- The restite of the Junior Leenl Exf the Chief Justion (Sir William Rees pugnant to the Common Act of Parlia- If the minations held under the auspices of the Davice, K.C.) and the Poisne Judge (Mr.ment extending to the Colony.

H. H. J. Gutapertz) heard an appeal, Macao Extradition Ordinance was Hongkong l'aiversity, last month, are as

yestarday, in which Kong (hai lên mộ pugnant to the Act it would be invalid, plied that the rule nisi granted for a but there was nothing in

Extradition Ordinance which writ of habeas corpus he made absciste.

The Hon. Mr. J H. Kemp, K.C

pugnant to the Extradition Act for (Attorney-General) appeared the point which gave the fugitive the right Crown, and Mr. Eldon l'otter represented to appeal to the Supreme Court for a the applicant.

writ of habeas corpus was absolutely valid and not, repugnant to the Colonial Ordin- ance. The Home Extradition Act only SPALDING'S gave the Magistrate the right to hear the

Boys.

1 Douglas Laing, Queen's College. Ng Wing Yan, Queen's College. Toi Chong Yan, Queen's College. 19 Lau Bui Chu.

16 Cicorge Alexander Jack.

20 Llewellin Arthur Robert Duncan 21 Wong Kwok Leung, Quoon's College, Harry Silas Joseph, Victoria British

Sin, The tenor of the speeches made LH.E

the Officer Administering the Government at the present time, and the Administrative Commandant of the follow: Hongkong Defence Corps respectively, at the smoking concert which took place at Teatre Royal on the 10th instant..

11 LIF warrant my once nare addressing you upon the subject of the Military Serview Hill in connection wherewith 1 enjoyed the hospitality of your columns on the 3rd and 25th August and the ard September, 1917, when J. ventured tu challenge both the principles. and the details of the Bill in question, as showing that, in the light of surround.) ing circumstaners, and sspreally in the tight the grading principles expressly inid down by the Prime Minister (Mr. Lloyd Georgej as neessarily due for ron- sideration in regard to the introductiva. of war cosures, it was not only an un- timely ensure, but also one greatly lack ing in

watial propriety

f the earliest of my above mentioned Better I drew attention for the explana kinua ament the Bill offered by its sponsors to the menkers of the Legislative Council. and particularly to the fact thn His Excellency the Governor (Ni) Henty May) intimating that he was not prepared

School

2 Wong Chun Kon, Queen's College.

4 Barket Ali Hyder, St. Joseph's Col-

lege.

The applicant it appeared escaped from gaol at Macao and came to Hongkong, where he was subsequently discovered by the Macao authorities. An application was then made for his extradition, and the case came up before Mr. J. R. Wood, at the Magistracy. and was followed by an

the Macao

Wis

re-

The

on any point he wished, but it did pot give the man the right to appeal. The Macao Extradition Ordinance, on the other hand, gave him a further point.

28 Leslie Ronald Cropley. Kowloon application by the fugitive to the Chief that of the right to appeal.

British School,

29 Choi Kung Ha, Queen's College.

Justice for a rule ni. This was granted some weeks ago, and the plaintiff is now

30 Stewart Ogilvie, Kowloon British asking that the rule nik be made absolute

School.

31 Lo Ka-him, Queen's College.

Wan King Shum, Queer's College, 40 Abdul Aziz Rumjahn, Queen's Col

Inge.

101 Feng Wah Kul, Public School for

Chinese, Shanghai 103 Chu Zaong Yun, Public School for

Chinese, Shanghai.

104 Zung Fok Nycu, Ellis Radourie

Public School, Shanghai, 105 Zun Zah Zun, Public School for

Chinese, Blangliai.

107 Sing Tzu Jung. Public School,

Shanghai.

Some argument took plase as to whether

the Crown or the applicant should be

board first and eventually the point wat left over for a definite ruling later.

The Chief Justice then intimated to Mr. Potter that he could begin, the ques tion of right being left in abeyance.

WAN miscon

The Puisne Judge: A super-ad lod right. Continuing, Mr. Potter stated that he did not see any earthly reason why a statutory law should not be added to the

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Macao Extradition Ordinance, thus giv$4.75

46 accept the very modest, and certainly *10% Wong Chien Ming. Ellis Kadvorie to the Police Magistra with a total were bad.

must appesde, amendment suggested by

tl Chamber of Commerce, to the effect that he duration of the Bill should be covered by that of the War gave vent to the fallow me

It bed ben suggested that it (the Bill should only be for the period of the war, in tr. was not prepared to

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md in that relation i reaarked

Surely, apur: reflection. His Excel Ieney will are that the above remarks

represent the exact reverse of the true situation, for what could possibly be mure retrograde than that the result of this mus to end Militarism should be to Juster Universal Military service, and thus enable a system xuch as that mught to be created by the Bill in question to fatten the very rituls of there whe hure joadly imagined that they were raponding their energirs during the are to an entirely different end.

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PLUS COLONELS.

ing the prisoner farther right. He sub- miller that under the Home Act there

to was nothing repugnant

thr Macao Extradition Ordinance, onabling the pri- Mr. Potier stated that his client was

The decision of the detained in custody in Victoria Gaol, soner to appeal. under an order made by Mr. J. R. Wood Magistrate that the proceedings were to await extradition to Macao, on the based upon the Home Act, to the exclu ground. that he had committed an extresion of the Macao Ordinance, had de ditable offence. The Brst point he wished prived the applicant of a very valuable SILVER KINGS to take is support of the application was right, namely the right to bring the whole that the application made by the Crown of that case bofore their Lordships. Therefore, the whole of the proceedings ceived; that it was Shang-disregard of the special Extradition Ordi- The Chief Justice: Suppose we find that nance which covered the prisoner's case, thees peints are good, there will be an namely, the Macao Extradition Ordiend of the case. The only thing we must

No. 1 of 1881. He submitted that consider is whether to ask the Attorney- THE IZ", LAMBERT CHAMBERS, THE “S.E.G." this Ordinance, and not the whole Ex-General to argue these points,

in Mr. Patler: I am entirely tradition Act, covered the whole case.

I have some other $22.00 each.

$23,00 each. He also said that the contention, put Lordship's hands. forward at the Police Court, that the points to discuss. Crown was entitled to elect what proce The Puisne Judge: These paints are not CHEAPER MODELS From $6.75 each to $17.50 each. dure it liked to adopt, was absolutely inter-connected with the arguments.

It meant that there were two different procedures which might be Buch a condition adopted by the Crown in the case of ex-

Public School, Shanghai. 100 Sung u Zei, Public School,

hai. 111 Wai King Chong, Public School,

Shanglu.

112 Yi Fot. Mee, Ellis Kadoorie Public Public School,

School, Shanghai, 13 Chang

hung Yu Yao,

Shanghai, 116 Chuan the Liang, Public School.

Shanghai

116 Chen Yeung Ya. Ellis Kadoorie

Public School, Shanghai. 117 Lee Tse Kwer, Public School, Sbang

hai.

1 King Chou San, Public School.

Shauguai,

121 Tai Chong Esau, Public School, School,

Shanghai 123 Ha Cheng Yang, Public

Shanghai. 12: Soong Troong Pa 123 Kwok Tax Kuu, Public

Shanghai Ng King Ching, Public

Shanghai.

School,

School,

153 Hgu Pu Yan, Griffith Juhu College,

"Hankow.

10 Liu Tao Tet. Griffith John College,

Hankow

156 Yu Tsai Yin, Grillità John College.

Hankow

Hankow 167 Chao Yin Tang. Grifith John Cel-

lege. H 10 Chiu Wei Lien, Griffith John College,

Hankow

100 Wang Teh Chang, Grifith John Col

leg, Hankow.

A

tetion in Book-zeeping.

Girls.

dance,

untenable.

tradition to Macao.

Dance.

your

Mr. Potter stated that he would, on some points, show that the Magistrate was right and on other points that he was equally wrong.

The Attorney-General stated that Mr. Potter had admitted that the Extradition

of things was absolutely impossible. The procedure adopted by the Crown was the

Act was in force here. That Act was an Extradition Act of 1873 to the total, ex- clusion of the Macao Extradition Ordi Act which was drafted and passed to deal Mr. Goldring having submitted with the whole question of extradition. under which that the procedure was wrong, the learn It laid down provisions

I laid ed Magistrate held that it was the proper extradition could be granted.

and explanations procedure and that the Crown was en down restrictions, titled, if it ebase, not to proceed under defences open to the fugitive. When he the Macao Extradition Ordinance, and referred to exceptious and limitations, of course, it naturally followed that the he also referred the exceptions prisoner was not entitled to any benefits and limitations in the Treaty in the casn They which would accrue to him under that of the Foreign States concerned. Ordinance

hail here, the Imperial Act, applying to the Colony, Wajer cottokdempete

میارم

The Faise Judge: What did he was to do? Did he wine tu cair witnessed for extradition of fugitive

Mr. Potter: It gives hid un important right. He can call evidence.

The Puiane Judge: Why did he not avail himself of it?

Mr. Potter: Because the said procedure was not under the Macan Ordinance.

The Puiane Judge: He did not lose at benebis actually coming.

Mr. Potter replied that he was trying to show that the Act was not applicable Mr. Wood had stated that the fugitiv was brought before him ou the Extrady tion Acti and under the Extradition

BI Victoria Edith Manning. Diocesan Treaty of 1892 between Great Britain and

Girls' School.

52 Kwok Wing Yueu.

Gittens, 33 Mabel

Diocesan

Girls'

School. 54 Christina Helen Angus, Victoria

British School.

55 Eaid Muriel Cornell, Diocesan Girls

School.

57 Alda Celestina Remedios, Diocesan

Girls' School.

That Scheme of Universal Mili. Lary training for a limited number of years (say is to 24), my as to enable British Subjects to be duly equipped ta meet a case of emergency, would be a great desideratun goes without saying. but to extend that idea to a scheme of Universal Military service such as is indicated in the Bill now before ther Legislative Council would be indeed a and une that retrograde movement. would, in course of time, go far tosity therefor was dire, such necessity was non-existent so far as the Hongkong Bill change the character of Great Britain's was concerned, and that the effect of the Bill was undoubtedly to deprive by far subjects for the wors, and would alike

the major portion of the British residents in the Colony of their ovil status, and to replace the latter by a status entirely subject in law to a Military regime.

Imbued as I have always been with the above views, I am pleased to observe that His Excellency the Officer Administering the Government at the present time (the Honourable Mr. Claud, Severn) is so far in agreement with at least a portion of those views as to be prepared to admil that the motto of the Journal which ad vocated the views of the late Lord Roberts Arms"

constitute a direct menace to their liberties and a detriment to their worth as subjects of that Empire which is done so much to uphold the rights of

Frendom."

o

του

criminals from British territory to Portu. guce territory. Before that Act came into force as regards Portugal there was existing here a local Ordinance providing for extradition from Hongkong to Macao. As a matter of fact, it was passed because the time there was no general Treaty to meet local requirements in the case of the neighbouring colonies. Then, in 1892, a Treaty was concluded, and in 1804 an Order-in-Council was issued which at once made the Imperial Act in force in Hong kong as regards Portugal and Portugues colonies. That at once created two codes --a code which had the authority of the Portugal. Their Lordships would not that the Macno Extradition Ordinan Imperial Council, and the code which had gave the prisoner the right to eppes the authority of the local Legislature. The Magistrate should have informed th The Imperial Act stated that if the Crown! prisoner that he had the right to uppe complied with certain conditions and within fifteen days, but the Magistrat proved curtain things the man must be did not tell him that, and therefore surrondered, and the only remedy he hat vitiated the whole proceedings, as th was the Common Law right to appeal for The provisions. man was deprived of an important righ a writ of habeas corpus. It was a pity that the Government should of the Hongkong code said:

No, have printed such regulations in the have no right to surrender the man unless Hongkong Ordinance if they were not p be is also given an opportunity of appeal. be put into force. To have two formsing to the Supreme Court for a re-fear- was grotesquely impossibling." That, he subunitted, was distinctly Another repugnancy, between procedure The Treaty with Portugal was made repugnant.

in Section 10 of the Extradition Ordin 1892, and the Order-in-Council applied the Act and the Ordinance would be found the Home Extradition Act of Portugy on March 3rd, 1894. The Maceo Extradance. The whole code was entirely incon- up Ordinance was treated as existing sistent with the code set up by the im Bir Francis Piggot, an authoris perial Act, which was the later Act on extradition law, stated that in Hong- The Chief Justice: That is to say, what law.

gives the kong there was special legislation de the Extradition Ordinance

Continuing, the Attorney-General stated ing with extradition to China, Macuperial Act takes away. and North Borneo. The Macao Extrad

Ordinance was included in that if u logal Ordinance was repugnant appendix of the hook of that learn to an Imperial Act, the locaf Ordinance was repealed pro tanto, wholly or part, author as a piece of live legislation.

The Chief Justics: Was the contentios so far as the local Ordinance existed. in the Police Court that it was not lie wished to know whether there was anything in the Act or Treaty which gave Mr. Potter replied in the negative, the local Ordinance a delegated authority legislation i should be altered from "A Nation in

A Nation in which every said the Crown had stated that there we was there anything in the Order-in-Coun

They hd oil or the Trosty which would give the Youth shall be trained and be capable of two forms of procedure. bearing Arms. apan the ground that the adopted the extraordinary position at local Ordinance power to supersede the It was quite clear now originat motto (A Nation in Arms in a case of a criminal nature the Cron Imperial Act f

that the unfortunate prisoner did ted the Treaty limited the operation of the does not sound, perhaps, quite consistent could adopt any procedure it liked, so that the Order-in-Council, which contai with the downfall of Militarisul

Act. He denied that the Treaty incor view of the appeal made by know where he was.

The Puisne Judge: I dare say heparated the local Ordinance, and, there- His Excellency the Officer Administer- Crown enn adopt any procedure it is, tors, he asked what low was in force in ing the Government 1 the pro- but the Crown will tell him which he

and by the tive Commandant of the Hongkong De they adopt and he will know.

Mr. Potter: Yea, but the Crown did fot fence Corps, that the members thereof tell him. should remain in the Corps even when the The Puispe Judge: But oventually be law permits them to resign, I would ven-ill be told, ture to suggest that the best way to secure Mr. Potter: Has not the man a right in person could be extradited. Suppos this would be to repeal the Military Ser vice Bill at an early date, and thereby to know on what the Crown is procedeug there was no imperial Act, that w not only permit the Hongkong Defence against him in this instance he would prevent the Treaty from becoming spérative. If the Imperial Act said that, Corps to revert to its original basis of not been told.

The Puisan Judge: Whon a inapin spite of the local Ordinance, extrádi- & Volunteer oorpe-from which, to my indicted he does not know whether histion should be allowed, then the law in mind, there never was any necessity to alter it but also allow British residents to be tried by Common Law or under e force in the Colony, would be the Imperial

Statutes.

Act, not the local Ordinance. That was in this Colony tu repossess their civil Mr. Potter admitted that it was their position here. His friend 'bad' status freed from the subjection to mili- but in that case the man had an opsuggested that bogause the local Act was tary régime unwarrantably placed theroon tunity to i tried by a jury. The Cro on the Statute Book there In my letter-written alter tim Bill had by the Bili in queation.

His Excelleney the Governor (Bir in the present instance, said: "We cod reason for it. It was not a strong argu if we want to, deprive you of hemont. The more fact that it remained passed its second and third readings in Honry May), who was largely responsible atatuary right. We could sleet beton thers did not prove that it was something the Legislative Council-which appeared for the alteration, in my humble opinion the Act and the Ordinnnos. If we ect to sob upon, or that it could not be in your calming under date the 3rd Bop.together failed to grasp that the true to go by the Act you have no rights un repealed. His friend had stated that if

situation in Hongkong or that the war the

Extradition Ordina the Ordinance wan ju fores his client had 1 tember, 2017, 1 challengeti the Bilf in was one which had as Its main object the That was neither right nor proper. die the right of appoul. He further slated question as an unnecessary and unjusti-rmination of Miriam for all time Tranty with Fortugal preserved the al that there could be two alternative pro- an object which has been cdphasised Ordinance, and therefore the loen Oron cedures. The loan Ordina106 his friend Gable incasare, and, in that connection, time after time in the speeches of the asce was to be followed. Notlling d had referred to was lavalld: the only showed that, whereas in the case of the leading Batman of Great Britain.invalidate the Macao Extradition Of Ordinance in fordo was the Emperial

Yours Taithfully,

nnez, which had the conmont of the Kig." Ordinance. Hoglish" "Müitary Barvice Act the narca-

The Legislature, lnd the absolute righito. The casu was adjourned till this morn-` (Continua ne fraj af next column.)

wake suy laws here.

In any letter which appeared in your sue of the 95th Auguet, 1917, 1 made reference to a leading article which had appeared in your issue of the previous day-wherein you invited the attention of your readers to the speech made by the Prime Minister (Mr. Lloyd George) at Dundee on the ocasion of his being puesented with the Freedom of that City on the proccoding 30th June and 1 cm- phasised that suck apcech placed the whole position with regard to War measures in a nutshell, wherefrom it was claur that the supreme test was "Are they necessary in much," and pointed out that the Prime Minister had clearly indicated that war measures should not be in poned merely for ulterior purposër ne. sociated with some theory or concention ng the way in which the world ought to be run under normal conditions."

sent time.

Administra-

J. SCOTT HARSTON. Hongkong, 13th January, 1910,

|

Hongkong for the time being; was it the Imperial Act, which extended to the Codiny by express words, or the local Orainanoe, which was repugnant and had

co validity whatever? Imagine a CAND Le.o a Colony und a law stating that

ing-

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