1919-01-15 — Page 2

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2

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The Secretary of State for War received the following message from the Japanese Minister for wate

• Having been apprised of the signing”)

GUILD.

HONGKONG BRANCH.

MACAO EXTRADITION CASE Was based on the Extradition Act:in.every|JAPAN AND THE ARMISTICE. | QUEEN MARY'S NEEDLEWORK

particular except in regard to political HABEAS CORPUS PROCEEDINGS..

Eenura. Why It did not include.political The Full Court, consisting of the Chieffences no one knew, but no doubt, the Justice (Sir William Recs Davies, K. Legislature, when drafting the Ordinance.

The report of work done during aud the Puiane Judge (Mr. H. H. J. had very good reason for not. including Compertz), continued the hearing of the political offences. Counsel went on to of the armistice with Germany, the last November and December is na follows:

CITY HALL WORK PARTY. (Under Mrs. application, yesterday, in which Kong show, by reading extracts from the Macao of our four enemies which have one after Chiti Ien applied that the rule misi grant Extradition Ordinance, that it was used another fallon crushed before the Allied Stabb.).

glorious November.-147 pairs of prismas, 132 ed for a writ of habens corpus be made on the Act. It was not conceivable that are, and being convinced that

the Attorney-General of that time could pouce will very soon be ushered in, I wish bedjackets, 40 scrubbers, The Hon. Mr. J. #. Komp, Chave forgotten the Act when drafting the express to you and through you to the jackets, 44 dozen handkerchiefs, 38 small British Army the heartfelt congratula. | pillows, 103 food covers, 40 tray cluthe, (Altoracy General) appeared for the Ordinance.

tiens on behalf of myself and the Japan-7 pairs of bed hoota, 4 pneumonia jackets, Crown and Mr. Eidca Potter represented"

The great encrifices and cu 21 shrouds, 97 vests, 78 shirts, 10 pairs the applicant.

absolute.

Mr. Justi Gompertz agreed.

reversible bed-

Probl ably the Attorney General had taken theese army, The applicant, it appeared, escaped Act, marked certain paragraphs, and deavours of the British nation and the of surgical socks, 10 abdominal bandages, unswerving valour your officers and 6 mops, 48 eye, bandages, 8 mosquito nets. from grol Macuo and

Di

asked his clerk, to type them out. Hongkong, where he was subsequently discovered by the Maca nutheritica,

Came

An

application was then ude for his extra dition, and the cner came up before Mr. J. R. Words at the Magistracy, and was followed by an application by the fugi tive to the Chief Justice for a rule This was granted some weeks ago, and the plaintiff is now asking that the rule mie be made absolute.

Mr. Potter proceeded to point out thaten during more than four yours, have 186 pairs knee caps, 138 pair, socks, 53

the brilliantmufflers and 30 caps.

most

Decender

Eul Army of the British Empire."

Viscount Milner replied in the follow-socks, pairs of surgical wooka, 71 ah ing terms:

dominal andages, B inoti, 268 Font

evers, 72 scrubbers, 108 smail pillows, 37 pillow cases, 3 shecte, 2 draw-shoets, 1 shroud, 16 woolen caps, 24 dozen bandages

and night shirt.

UNJON Chruch. WORK PARTY. (Under Mrs. Muconachie)

November. (To Vladivostock)

I deeply appreciate the friendly cour tesy which prompted your Excellency to instruct Ueneral Tanaka personally to deliver to me the cordial message which had the pleasure of receiving at his hands pesterday. Ite generous terms will make an instant appeal to the hearts of British woops in all theatres of war. On behald of the British Army I beg your Excelleney Lo accept my warmest thanks for your shirts, 65 pairs pants, 6 pairs kave very kind words, and permit me to offer caps, 62 pairs socks, 17 helmets, 5 mufflers, my respectful salutations to the gallant 2 aps, trench sweaters, & vests, 2Hi Imperial Japanese army. The triumph handkerchiefs, 45 1001 brushes, 48' tins of our coinmon CA USC cannot but oth Basic

48 cakes coap, 1 case of warn strengthen the tica 1f long-standing cluthing for refugees; (le Egypt), 28

"countrich.

2246

1 veste. 32 dozen food euvers, 15 scrubbers, 78 Lowels, 6 silk shirts and 6 pairs silk pants.

essential to a matter of fact the Attorney-General had said that in a case of desertion a triumph which has just been achieved.

136 pairs of pyjamas, 277 warrant was taken in Hongkong under For this supreme honour I beg to assure pairs of pants, 188 shirts, 194 veste, 6 this Ordinance. It was plain that then your of the high respect of the Japanese dozen handkerchiefs, reversible bed namy, which is sincerely proud to be in Legislature had not forgotten the question alliance with the tenacious and power jackets, 253 bedjackets, I pair of bed of tradition because, so recently D 1917; an alteration had been made in the extradition laws with the Malay Slater, and, he believed, also with British Borneo. Mr. Polter dealing with the point of The Chief Justice observed that Mr. repugnancy raised by the Attorney-Gen-Potter was entitled to call the attention oral on the previous day, said that re of the Court to Section 19 of the Ordin pagbant meant " repugnant to the express noce, which gave the Governor-in-Council provisions of the Hone Ac."

the right to repeal so much of the Ordin- Mr. Justice Gompertz asked whether ance as was repugnant to the Act. Bec- tion 6 of the Ordinance gave the prisoner there were any cases on repugnance.

Mr. Potter replied that Maxwell dondta right which Section 10 had taken away with it on page 208; In Maxwell the case from him as regards Macao. was one in which there were two English) Mr. Potter said that the Extradition friendship, and alliance between our two taken belts, 10 Acts, and it had to be decided whether, Act gave him back that right. Continu was pugnant or not. One would ing, be said that there was nothing re- have thought that Maxwell would have pugnant in the Ordinance because is pur.. dealt with the Colonial Extradition Acts, ported to give a super-added right of but he md noi dene so. Mr. Petter read appen to a fugitive offender. Maxwell acknowledges gratefully the following from Maxwell that the Legislature did said that an Ordinance could not be monthly subscriptions for the period not intend to keep contradictory enact treated as repugnant unless it was inevit ended 14th instant

The Attorney-General had muid nients on the Etatute book. Their lard able. ships would see, if they turned to the that the Act was a complete code of law. Macno Ordinance, ou page 245 of the Up to a certain point, it was-till the Ordinance, a fouthole giving the date of fugitive had been committed by a Magis- the Treaty with Portugal and the date trate. The Home Act did not say that a prisoner's only right was a habeas corpus, of the Order in Council.

For instance, there was no rule to pre routing prisoner proceeding by way of & mandamue against a Magistrate to compel him to do his duty, The prisoner was entitled to overy right he bad under Common Law unless that right was taken away by Act of Parliament. He did not

ofle

The Chief Justice: That is another of the Hoarishes of Sir Francis Piggott?

Mr. Potter: 1 am told that it was Mr.

Alabaster's

The Chief Justice observed that he thought it had been put in by the editor, Mr. Alabaster,

Mr. Potter said that it showed that task that the Home Act should be super-

the

SERVICE ENTERTAINMENT FUND).

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་་་་་44

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10

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A. G. Gerdan

GOLD.

4

December. 100 shirts, 125 pairs pants,

19 pairs knee-caps, 45 pairs cocka, 3 treneli sweaters, 9 mufflers, 13 helmets and cape, pairs gloves and 18 dozen handker chiefs.

CATHOLIC WOMEN'S LEAGUE, (Under Miss Loureim),

November. 3 pairs socks, & paira knes- caps, 10 belmets, 3 matllers, 2 trench sweaters, 102 food covers, 132 khaki hand- kerchiefe, hospital squares, 16 knitted scrublers, & anti verwin shirts, 5 anti vermin drawers, 1,298 rolled bandages,

800 sjonge swabs and

December.--22 pairs bed-socks, & paire socks, 19 mufflers, 3 sweaters, & pairs knee- caps

72 food covers, au khaki handker- chiefs, 16 knitted scrubbers, 872 relied bandages and 640 sponge swabs.

U.BR.C. Undar Mes. Keigwin. ) November 380 roller bandages, 3 pairs operation stockings, 12 wool caps, I pair socks, 5 balaclava helmets and 9 scrubbers. PEAK CLUB. (Under Mrs. Sutherland) November. 30 roller bandages, 216

many-tail bandages.

had been brought to the notice of theseded by the local Ordinance. He asked A YEAR'S WAR EXPENDITURE IN gauze swabs 120 shell swabs, and 54 Legislature that the Treaty with Port gui was still in existence.

The Chief Justice said it was put in by the editor, and that the Legislature had probably never seen the note at all.

bave

for his additional rights under the local Ordinance, there being nothing in Home Act which said he was not those rights. The local Ordinance must be read together with the Home Act. Mr. Potter replied that the book was The Court would have to And, if they sanctioned in its entirety by the Legisļa were giving a decision against him, that Live Council. In any case, such an argu- the Home Act said that the prisoner had meni, said Mr. Putter, was only beating no right except that of habeas corpur. the air. A Colony which passed an Ordi- This, be submitted, could not be read into that the nance did st forget that it passed it: the Act, which did not say The Court would apprecinte the point prisoner's only right would be that of that an Ordinance might be repugnant habeas cor pile. in one part and not in another.

There

In

Dealing with the Treaty, Mr. Potter was an excellent example of this which went on to say that the Attorney-General admitted that effect must be given, to any he wished to bring to their notice.

limitation in the Treaty. Mr. Potter Section 10 of the Ordinance it is expressly provided that a fugitive should not have

read paragraph 1 of Article 17 of the

the right to claim his discharge on the Treaty, and said that the plain meaning

repagansce

In the endeavour to give the public some idea of the stupendous nature of Britain's war effort, Mr. Alfred. Milnes, lecturing of the National Liberal Club on The Foundations of Reconstruction," said that required to discharge gold. would be required to discharge the war expenditure for the year 1918.

December. 102 roller bandages, 30 many-tail bandages, 42 shell swabs, 164 gauze swabs and 1 pneumonia jacket.

HELENA MAY INSTITUTE. (Under Mr. Jardan

November-864 rolled bandages, 14 eye bandages, 30 triangular bandages, 4 bead bandages, 100 swabs, 24 swabs, 3 shirta and 1

1 pair surgical stockings. WESLEYAN CHURCH WORKING PARTY, (Undex Mrs. Rebinavn.)

November. 48 shirts, 1 muffler, 18 socks, 12 dozen handkerchiefs, 60 scrub bers, 6 pyjamas, vesta, 58 milk covers,

The Attorney-General, stated that bo did not know whether the warrant was ever issued; it might have been refused,

Mr. Potter said that the Court had to knee-waps, 600 swabs, 1,248 rolled band- decide whether the Ordinanco was aulages and s mops, and void or not. It had to be remembered that the Government had not exercised its right to repeal the Ordinance.

Mr. Potter went on to say that the Treaty was subject to the local Ordinance

There What, then, was the local law 7

enforced in the Colony to the extent. was no question that the Treaty was allowed by the local, Ordinance

COST OF THE WAR IN MONEY,

£30,000,000,000.

by

Mr. Justice Gompertz thought the

How much bay the war cost? This ap- ground that he was a political offender of that paragraph was that surrender Treaty was only in force as far as it was perra a simple question, but the answer is complicated by the large number of cross- whereas the Extradition Act provided should only be made in accordance with not repugnant to the iccal Ordinances

Mr. Potter anid, that Article 17 of the loans from one country to another, Hach. that he shall have the right to do so. the laws for the time being in force in

Treaty dealt only, with the Colony. Then those granted by Grent Britain to the The Attorney-General said relations between this Colony and Macao Dominions, Russia, Belgium, and Serbia, There could not be a better example of the Colony.

The Extradition Act was that the laws for the time being in force had always beer somewhat peculiar and by America to her various Allics and by delicate. Macao being next to China, the Germany to her tenighted partem în silent on the remedies which a fugitive referred to the Home Extradition Act.extradition of Chinese from the Colony to misfortune.

Without making allowance for theso would have after he had been committed, This was absolutely impossible, because Macao would always be a little delicate.

the Extradition Act was put into force, plenipotentiary, Sir Henry Parkes, had that the cost of war to date ne financed by He had been told that originally our complex arrangements, we may some. und left him to any remedy he wished,

resided in Macro, Mr. Justice Gompertz reminded counsel as a matter of course,

each nation is as follows:-- that the Art gave him the right to be in-Treaty was signed. formed that he had a right to ask for

a writ of kabus eorpus,

Mr. Potter agreed, adding that whereas he had a right to be informed of his right, it did not confer on him the right to habeas corpan.

tho moment

a

Mr. Justice Gompertz: At the kazno time, or one or two years later as in the present instance.

Mr. Justice Gompertz: He had to. (Laughter).

ALL168.

E 8,000,000,000

4,000,000,000

3,000,000,000

2,000,000,000

750,000,000

9,000,000,000

£19,750,000,008

Mr. Potter said he hoped that be was Great Britain not unduly optimistic with regard to his France reading of the Treaty, but his next paint America .... concerned the fourth paragraph, which Italy Mr. Potter agreed. It was clear, he said, in effect, that if the Colonies had Japan, Belgium, Serbia,

not already made arrangements with etc. said that, according to that paragraph, regard to local extradition laws they had Russia the surrender of fugitive prisoners was to better make them themselves. On that be made in accordance with the Common paragraph, said Mr. Potter, there was no Panswer to his case. Though the Act of aw in the Colony. The conditions is FI881 was made before the Treaty it only

"Total Allied cost

QUADRUPLICE.

Total enemy cost Grand total

£ 7,500,000,000

2,230,000,000 500,000,000

Continuing, Mr. Potter asked how it could be said that a super-added right by a local Ordinance was repugnant to the Colonies were so different that the led to this Colony, in 1894, two years

altor the Treaty was signed. He did not Germany any provision in the Act. The Ordinance laws must be different. The paragraph think the Court should rule that the Austria........... was in existence before and after the could not refer to the Home Extradition Macao Extradition Ordinance did not Bulgaria oad Turkey

come under paragraph 4 of the Treaty. Extradition Ast. It was framed on the Act because the application of the Act The Attorney-General had said becau

£10,260,000,000 Extradition Act. No Attorney-General | was a matter of common form.

the Ordinance was passed in 1881 it could

£30,000,000,000. would have drawn up an Extradition Mr. Justice Gomperts naked whether Dot coma under the Treaty. He (Mr. Potter) contended that it did come under Ordinace without minking reference to Mr. Pattor's contention was

While it appears from those sums that that the the Frehty. Supposing that in 1893 in the Allies have spent nearly double s the Act. It had to be remembered that Ordinanes ousted the Aot.

appliosting had been made for extradi much as their opponents, the figuro do tion to Mango-could the prisoner bo not indicate the trus burden which onch that Extradition Act was in force in the Mr. Potter said that the Act and the heard to say that the Ordinance was not side has to bear. Colony in respect of any Trouty which present local laws must be dove-tailed in good force and effect

Britain and her Great Allies, for instance, have made might be ratified by the Home Govern together. He proceeded to point out how weaning of paragraph of the Treaty the while Germany hint. The

"Mr. Potter emphasised tit wreaty the sllowances for, dependants The Poste ment. For instance, the Treaty with remarkable it was that, after the Treaty Ordinance of 1581 could only be deemed Frane was signed in 1978. The Extradi- had been made, the Government had not to be within the meaning of the Trosty. Agures, moreover, do not include the After the making of the Treaty with enormous aus which the Confederate tion Act which was in foroo in this excraimed its right to repen! the Ordinance Portugal the Governor did not exerolan States have to Ananoe, and will king to Colany at that time applied to France, or part of it. He did not know what the his right to repeal the Ordinance-hocnuve

meet

for many

and as well as to the Colony.

Attorney-General would say on this quos. the Ordinance was to remain in the again, is used

Colony na the law, for extradition between

the outcome of ment know about their own Ordinance. tradition, laws were

on the other diplomatie arrangements and that was band, is debited with every bullay made In as the Attorney-General bod snid, a why the Ordinance was left on the Statute warrent had been applied for under the book, and not repeated by the Governor anticipated; and great deal of abim He submitted that on both his gitres come to be audited, "isWill shob-

IN recoverable." Mr. Petler said that was exactly so. Ordinancy, some time ago, whoever had ent

pointe ho should be granted he request. Tho only law in force with regard to applied for that Warrant dither the

The bearing was adjourned to Thures Chan £18,000,000,000 to defeat il

ably be found but the Allies have when th Hongkong or the Muono suthorities--must day, the Chief Justice intiating that if tradition to foreign possessions was the have known that the Macao Extradition the Court wished to hear further argutarlem, while the Germans, barn washed Extradition Act affor the treaty was sign: Ordininos was in Iorse.

ment, Counsel would be called upon to more than this sum in' tha' Virship #f od. The Mass Extradition Ordiuanos

their false gods. peak

The Chief Justice observed that the tion, but he contended that the Govern-Mono and the Colony. The local ox- the expenditULE UTORONTO

Macao Extradition Ordinance, being sub- sequent to the Act would not have bani onacted if it was repugnant.

(Continued at foot of went column.)