LES.
LATEST CABLES. {TORCH HEUTER'S AGENCY.)
THE JRKISH ARMISTICE. CARTULATION OF MEDINA.
LUNDUN, January 10th. Pres Bureau states The hepe was received officially from Caro yesterday that the holy city of Adina har capitated to King Hussein under the terms of the Armistice with
Tarkey
The dely in bringing the garrison to compliance
was due to the long isolation, necessitating permission for the inter change of special communications with Constantieple.
The sacked character of the city rendered it incumbent to secure its capitalation
and not by assault by arrange Turks used the great
Moreover, the
is their chief auununition depot, mosque 18 and not a single shelt could be thrown into position without risking the destruction
the Prophet's tomb."
THE HONGKONG DAILY PRESS,
MACAO EXTRADITION CASE. PRISONER'S APPLICATION GRANTED
The Fall Court, consisting of the Chief Jastico (Bir William Rosa Davies, K.C.) and the Puise Judge (Mr. H. H. J. Compertz), gave judgment on Saturday, granting the application of one Kong Chai lon who applied that the rule siti granted for a writ of hubear corpus be made absolute.
The Hon. Mr. J. H. Kemp, K.C. (Attorney Generall appeared for the Crown, and Mr. Eldon Potter, instructed by Mr. P. W. Gold ring, represented the applicant.
The applicant, it will remembered, escaped from goal 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. E. Wood, at the Magistracy, and was followed by an application by the fugitive to the Chief Justice for a rale in This was granted some weeks ago, and the plaintif then asked that he be released from custody.
THE CHIEF JUSTICE'S JUDGMENT.
The judgment of Sir William Rees Davies,
ir Abdalla, representing the King K. C, was as follows- The Hedjaz, entered Medina on I am of opinion that the Hule must be Janury 13th, and was wriromed with en-made absolute
Proceedings for extradition were taken He proceeded to the Lomb of Humasin. The Prophet, where be offered his mid-day before the Magistrate nader the Extradition Act, 1870, and objection was then taken on behalf of the fugitive that the requisition was made by the Macao Authorities, and that the proceedings should have been un- der local Ordinance, the Macao Extradi. tion Ordinance, 1881.
priyer.
EARLIER TABLES.
THE PEACE CONFERENCE. DAILY COMMUNIQUES TO BE JSSUED
A comp
PARIS, January 15th.
ktales:
Hitherto it has been the practice for the Governments participating in the pre linary prace CORVUSALIons to
pavale muniqués regarding the pro Seedings.
Ur
From today it has been decided to issue u joint communique of which the follow ing is the English text adopted by the British and American delegations.
The learned Magistrate overruled the objection aml held that the procedure a upted by the Crown was regular.
The question we have to determine is and this involves a consideration of the local Ordinance in question taken in conjune. tion with the Treaty and the Imperial Extendition Act, 1870,
Now, what is the history of the legisla tion in question. The lumperial Act, 1870, which applicable all British posses sions was made workable in this Colony under Ordinance 5 of 1670, that ordinance transferring to the Governor the powers given to the Secretary of State under the
Act
No Extradition Treaty existed with Portu- until 1892 and this was brought into fores in 1894.
The President of the United States and the Prime Ministers of Allied Govern ments, assisted by the Japanese Ambar-gal madors in Paris and London held two meetings to day lasting for four and a half hours during which the examination of the rules of the Conference was con tioned and almost completed.
PANEL SYSTEM APPROVED.
PARIS, January 16th.
made, and, up to that time there was no other. extradition law in force relating to Portrigal save the local Macao Extradition Ordinance.
Being of opinion that the local Ordinance" is preserved under the language of the Treaty it is not necessary to decide the further point.
On the further question, however, whether apart from the reservation in Art. 17 of the Treaty thera is such a repugnancy between the provisions of the Act of Parliament and sec. 6 of the local Ordinance as to make the latter void, I will content myself by saying that I strongly doubt it. Both by the Act and the Ordinance, the fugitive is to be in formed of his common law right of habens corpus. That right which the fugitive has at common law and both the Act and the Ordinance
merely give him the right of being informed of the fact that he may apply To habeas corpus if he thinks fit to do so. to the Supreme Court is simply to superadd inform him of a further right of appealing a legal remedy, available to the fugitive. The Imperial Act in no way deprives him of right of appeal and I can fiscover nothing repugnant in it.
for a
The Prisoner is entitled to his release.
THE PUISNE JUDGE'S FINDING. The Pulane Judge, in agreeing, said :-- This was an argument upon an order nisi to show cansa in application for habens corpus. It is contended that the proceedings in extradition for the surrender of the prisoner to Macao wore last ny being taken under the Extradition Act 1870 and not under the MacRG Extradition Ordinance of 1881.
Under section of the Ordinance the Magistrate in required to inform the fugitive before committal that a period of 15 days will be allowed him to appeal to the gupreme Court if he thinks fit.
No notice of his right to appeal was given to the prisoner: and, therefore, if this section is law, he leth deprived of a legal nght sad is entitled to his discharge.
The Ordinance is dated March 14th, 1881. There was at that time no Extralition between Great Britain and Portugal although there musi, of course, have been diplomatic discussion between the two Governments antecedently to the passing of the Urdinance.
The Ordinance, as is natural enough, follows in its main lines the English Extradi
tion Act.
There are, of course, diBorsucas but the one chiefly relevant to the matter before us is that a right of appeal is given by the Ordin-
The Treaty with Portugad is the following is dated October 17th 1892 and it was ratif year. It provide a comprehensive acheme contains certain proof extradition between the two countries visione, which do not appear in that Act. In and their colonies and foreign possessions.
The Order-in-Council bringing the Treaty particular in section the magistrate is required, on committal, to inform the fugitive into effect was made an March 3rd 1884.
this date, ito
obviously, exin that a period of 15 days will be allowed him Up to appeal to the Supreme Court. This is in dition between Hongkong and Macao could addition to the right of habeas corpus which, only be given under the Ordinance. Fastly, each delegation being a unit, as in the Imperial Act, the magistrate is te number of delegates forming it can required to notify the fugitive of his right to
Then have no influence upon its status at the resort to.
by section 19 the Governor-in-Coun Conference;
Secondly, in the selection of its dele-cil is empowered in cap he deems it ex- gation, euch nation may avail itself of pedient to repeat or suspend the Urdinance or any part thereof; and I may observe that the panel system,
This will enable each State at its dis there has been no repeal or suspension of the cretion to entrust its interests to auch Ordinance or of any part of it.
Ja 1881 the Macao Extradition rdinance was passed which provided for the appre-ance and not by the Act. hension and surrender of criminal fugitives from the territory of Macao. That Ordin- ance was framel generally on the lines of the Imperial Act but
A communiqte regarding the prelimi nary peace conversations says:-
The meeting adopted the following two gracral principles,
persons as it may designate. particularly enable the
lations of the present Treaty shall be app- to admit among its five delegates repreeable to the colonies and foreign possess. sentatives of the Dominions (including ions of both of the High Contracting Parties,
so far the laws
for the time boing in force Newfoundland, which has no separate re-
in such colonies and foreiga possessions re presentation) and India.
pectively will allow."
High Contracting Parties shall, however, be at liberty to make special ar rangements in their respective colonies and foreiga pussessions for the surrender of or- ninals who may take refuge therein, on the basis, as nearly as may be, and we for as the
REVOLUTION IN GERMANY.
Now it is noticeable that from 1894 down to the present time the Ordinance has remain
ed on our Statute book.
There were formal amendments in 1911 and 1918 and it finds a place in the new revived edition of the Ordinances of the Colony pre- pared under -Ordinance No. 19 of 1911.
The learned Attorney General in a very able power by Order-in-Council to suspend gives
MONDAY, JANUARY 20TH. 1910.
TRADE REPORT.
EXPORTS.
in
SUGAR. The outstanding feature of the latest news is the agreement providing for the greatest single transaction sugar ever consummated between the US. Bugar Equalization Board Inc, and a Commission of the Republic of Cuba and Co agents of Cuban Producers on the basin of 8.88 gold cents per lb. cuse and freight New York Java reports a firm market.
Rice.The market has advanced again and a further sharp rise is not at all unlikely if the rumoured embargo on shipments from Saigon should become an It is reported that accomplished fact. about 10 steamers are now lying idle in Saigon as shippers have so far been un- Advices able to secure export permite.
effect bought the entire autput of California to hand from San Francisco are to the Rice for military purposes and from Texte it is reported that the American In view of crops have been damaged. the above it is generally anticipated that the American dead now that the the embargo has been lifted--will be very in the Large
as stocks of foreign rice States are now exhausted.
that the US Government has
Closing quotations for Rice:-
Garden at 810 20 per picul (business? done).
Btraight at 80.90 per picul (little busi-† ness).
Siam Usual 65.00 per picu) (large| business done).
Saigon Long at $6.40 per picul (no business),
Saigon Round at 89.20 per picul (no) business).
Pakling White at 811 per picul (all stock)
Pakling Brown at $8.80 per picul (nominal).
at Tonkin Brown (nominal)
Mow, White at $12.50 per (small business).
$8.40
picul
picul
See Mew Brown at 810 IN Hicul (nominal),
LARD-New tins at $27.50. $25.50.
In
Market stronger.
Did tina ub
Some business done old tins." Small supplies.. PEANTS.Unshelled at $10.76. Best quality Shelled 30/32's at $14.75. Best quality Shelled 32/34's at $14.30. Best quality Shelled 34/36's at $12.00 Best quality Celled 36/38's at $12.60. Some business reported in Sheller."
Market firm.
HIDES-Practically unchanged. business reported.
it
No
86.23. Broken Quiet, market
CASB14.Selected ESSENTIAL 118. Caasia Oil 75/80 per Cassia Oil 80/85 per cal, cont. ut $235. at 295. Aniseed Oil ib per cent. at $173. No business reported in Cassia Oils; about 200 piculs Aniseed Oil have been put through at or near above quotation.
TIN.Nothing doing. For 90 per cent. 808 per
picul is quoted for is per cent. 808 per pitul; sted for 90 per cent. $02 per picul
Peanut Oil No. 1 at 825.50 per picul. Peanut Ull No. 8 at $26 per picul. Tea Oil, at 823.95 per picul.
Wood Oil'nt 823.50.
Market quiet.
The London market is dull and lifeless"
ST.
ANDREW'S SOCIETY WAR BOND DRAWING.
SALE OF TICKETS CLOSES ON 15th FEBRUARY.
Tickets $5 each, obtainable at
"
Banks, Stores, Clubs and Hotels.
THE
CORONET
7
[00
We are now planning to give you what you have never yet had
in a Cinema in Hongkong-both a serial and a five-part picture in We are also making it possible for you to the same programme.
come to the Coronet any time between 5.45 and 6.15 p.m, and see the complete show.
In every programme we shall show either a Pathe, a Fox or a Paramount 5-part feature and we have secured a very lively serial "The Social of a sensible rather than a sensational kind, entitled Pirates" to accompany it. Each episode of this is complete in itself, so that you need not kick yourself if you happen to be so unfortunate as to miss a Programme. The first episode, which we are screening to-night, is entitled "The little Monte Carlo." are also in treaty for another very amusing serial of which more
апол.
We
Our to-day's "Continuous Programme" will be as follows:-
Overture. 4-5.15 p.m.
The pursuit of the Aigrette-Pathe Color. The little Monte Carlo" in two parts.
Wiffles Singing lessons-Comedy. Interlude.
William Farnum in "A Gilded Fool" in 5 parts. Interlude.
2.-5.20
J
3.--5.25
4-5-55
F
GINGER.AD active demand came from
5-6.15
M
6.-6.20
*
7-7.35
8.-7-40
Repeat No. 2.
:
9.-7.45
11
Repeat No. 3.
10.-8.15
Repeat No. 4.
8.40
H
Well, then, the Treaty with Portugal, which argument pointed ont that section 18 of the Act and prices are likely to decline. The adoption of the panel system will as I have stated, was brought into force in the operation of the Act or of any part thereof. London and it is reported that about 4,000- British Empire provides in Art. XVII that "The stipu-This may be done in a British possession 6,000 casks have been booked for January whether Maroh Shipment. Prices have advanced witere provision is made by any made before or after the passing of the Act, sharply since the beginning of the year. Cargo quality, London packing, about $16.50 per picul was quoted al fur the surrender of fugitive criminals. In The the present case this course has not been taken: the Act is not suspended either wholly early this month and even at $21.50 it or in part in Hongkong. Nor again does the would be difficult to find sellers to day. Order-in-Council direct that the Ordinance Dry cargo in pice chees was quoted at about $10.50 in November-December and in or any part thereof shall have effect as if it
the beginning of January at 828.75. The were part of tire Act.
closing quotation is about 827.50 per pical with next to no cargo offering. 4,000/5,000 pie Is have been sold for ship- ary-March. Supplies of Raw Ginger up- country are reported to be very small and no further business of any importance je likely to be transected before the advent of the new orop in July-August next.
LONDON, January 15th. Tespite the apparent triumph of the overnment in Berlin news from other German centres shows that considerable disorder prevails.
be
The Ordinance, therefore, in so far as it may repugnant to the Act is pro Lauto repealed In any case, the Act as applied to the Culony be read subject to its provisions
About
It is reported from Bremen that the law of such colony or foreign possession willis ister in date than the Ordinance which must ment to Europe during January/Febru-3
Majority Socialists beat the Independents and Communists at the Soviet pulls where- upon the latter proclaimed a republic,
However, Government troops are be Bieging them at Wilhelmshaven.
reported from Olenburg that the President of the Ostfriesland Republic has overthrown the Majority Socialist Government, re-established the Cuxhaven Soviet, proclaimed a Socialist Republic and occupied the banks.
SHIPPING RESTRICTIONS
RELAXED.
REQUISITIONED SHIPS TO BE RELEASED
LONDON, January 14th.
The Press Bureau says:--
allow, of the provisions of the present Treaty."
Now the Crown contends that the provision of the local Ordinance, in su far as it confers right in the fugitive not conferred by the imperial Act, is repugnant to the last named Act within the meaning of the Colonial Laws The learned Counsel for Validity Act 1886. the fugitive on the other hand contands, firstly, that the local Ordinance is preserved under the language of the Treaty which I have ed, and secondly, that there is no repu gnancy within the meaning of the Colonial Lewe Validity Act 1885.
He referred to the Colonial Laws Validity Act and maintained that the Ordinance is necessarily repugnant to the Imperial Act since it contains a different and inconsistent code of extradition.
Again: Article 17 of the Treaty does not incorporate the Ordinance.
The first clause of the Article is as follows:
"The stipulations of the present Treaty shall be applicable to the foreign or colonial possesstions of both of the High: Contract- ing Parties, so far as the laws for the time being in force in such Colonies and foreign possessions respectively will allow." The law in force in the Colony for the time being must be the Imperial Act applicable to the Colony-not provisions of a local law repugnant to and inconsistent with the Act.
Well, then, as to the language of the Treaty, the contention of the learned Counsel, in my opinion, is well founded. It is conceded that the Treaty must be taken to be incorporated with and to limit the operation of the Act; and authority for this is to be found in R. v. Wilson à Q.B.D. 42 and is re GalwayThus the Attorney General,
.230. 1896 1Q..
Mr. Potter, for the fugitive, argues that the Then the Treaty contemplates (Art. XVII)Treaty in fact incorporates and adopts the The Shipping Controller announces the making of special arrangements" by Ordinance. Article 17 deals expressly with Colonies and foreign possessions. The mot that British ships completing voyages the High Contracting Parties in their respec
United Kingdom tive colonies for the surrender of criminals; her country is dealt with in the carlier part
of the Treaty. after 1st March
This Article provides ports or, in exceptional cases, ports and the foregoing paragraph in the same of abrond will be released from requisition Article applies the Treaty "so far as the laws saving clause in favour of the local law: preserves this law oven where repugnant except when required for Government for the time being in force will allow
Now we may assume without doubt that to the Act.
Again, the Governor-in-Council is given purposes,
the Macao Extradition Ordinance was thu
between power ander section 19 to repeal the outcome of diplomatic arrangements these two adjoining colonies. No treaty with Ordinance or any part thereof, or to suspend Portugal was then in force and it is elour its operation for any period by proclamation from its terms that the Ordinance was if he deems it expedient,
for a a state of things then
al
Shipowners are now free to make nr. rangements for the employment of ships From the time indicated subject to the Controller'e approval,
tial imports and exuria of the United existing or Kingdom and the Aes it will be necelo uxpressly an attempt on the life public officer of Macao sary for some time to maintain a system of the Governor or a pub
direction as to employment and from the category of political offences I itation of freight rates for essential think the terme of the Urdinanca may be rightly regarded an special arrangements commodities.
within the meaning of the prospective wordy in the Tranty
With a view to safeguarding the essen-directed salatod. For instanco, sec.
The power of requisition is reserved for use should necessity arise and release does not apply to ships wholly engaged in naval and military services.
in
Well, then, in 1894 the Treaty with Portugal was brought into force, the outcome again of diplomatic arrangements and it is, I think,
and p
But this has never been done, the Ordin- ance romsina untouched and the legislature bus treated it as valid and subsisting law up to the present time.
Again, clause 4 of the Article provides for future arrangements on the subject of extradition in Colonies and foreign possess. ions not inconsistent with the local law. Under such special arrangement, when made, it would have been competent for the Legis lative Council to enact at any time sub- soquent to the Treaty, an Ordinance similar
MERCHANT SHIP CONSTRUCTION.impossible to suppose that the governments to the present had one such existed rad of the two countries can have overlooked the the validity of such an Oniinanco would not LONDON, January 16th.
existence of the local ordinance which had have deponded upon its conformity to the Lord Inchcape and Sir Owen Philipps been in existence 13 years providing, in so far procedure laid down in the Act. have jointly completed an agreement with as the Portagucer Colony of neno is take over concerned, a apelal muschinery for extradition the Shipping Controller to Government contrasts with shipbuilders if it wore desired that the provisions of the Imperial Act wore then to superando the local for 137 veascia now being constructed.
The vessels will be offered to the ship Ordinance it was then open to the tiovernor- ping community on the anime tormans in Council under
I have outlined briolly the main argumente.
because the point of construct on each side, ion is not frs from difealty, But I havo no doubt that Mr. Potter is right and that
we are bound to hold that Article 17 express
S00 19 to repently preserves the validity of the local Ordin-
ncquired on an equitable basis having or suspend the Ordinance or any part of it.ace and continues it in force. regard to war time insos. The tranane Nothing of the sort took place and it is not tion involves twenty million sterling. Shippers have been given eight days in which to make applications.
The arrangement is undoubtedly ons of the most important steps yet taken in the Treaty does the law for the time
Tho Aut is, of course, guverned by theTroi I think, extravagant to suppose that the ty and if the Treaty, as I think, expressly incorporates the Ordinance, it follows that the procedure nuder the Ordinance is that applicable to extradition to Macao.
the direction of demobilising industry.
The Time pays a tribute to the public spirit of Lord Inchespe and Bir Owon Philippe.
intention was to preserve the anterior diplomatie arrangements with Portugal na regards the Colony of Maono and to preserve being in forca" in regard to it.
1 may further add that the Imparial Ex tradition Act was applied by treaty to Portugal sonia 9 years after the Treaty was
It is therefore unnecwNATY to decirlo whether or not sections 0 and 7 of the Ordin anvo are repugnant to the terms of the Im- porial Act.
I agree the rule.must be while absoluto,“
FREIGHT.-The Pacific Treight situa tion is much easier and a further drop! in rutes is likely to take place. If this should happen Hongkong shippers would be in a better position to cater for the
American requirements,
IREMY MARTIN & CO..!
SALES AGENTE IN
HOLLYS
Established 1784.
FRANCE
Maison Fincke engiò
RÉMY MARTIN Brandy
ADE IN FRANCE
AVERAGE
CROTYHAAT
Elength 201
MANSERS & BACKHOUSE, LTD.
THORESEN & Co.,
Queen's Buildings,
Phone 450.
[04
Performance closes.
Our usual full performance will be held at 9.15 p.m.
Count The Indians
on The Road.
ALEX. ROSS & CO.,
Machinery Department, 4, Des Vœux Road Central. Telephone 2487.
230
MACARONI, PASTE STARS, EGG NOODLES, VERMICELLI,
A
AND ALL KINDS OF SOUP STUFFS.
LL our Fartes bear the "Hooster" label and are made from Flour of the Beat Quality containing a large percentage of Gluten. Starch and Gluten are the principal components of Flour. Gluten is oncler to digreb and contains more nutriment than Starch. Manufactured under the most sanitary coalitions.
Large quantities have been exported to various important often in the World. Tornis moderate, specially for Agencies. Ordem axocated promptly.
THE HING WAH PASTE MANUFACTURING CO., LTD. Head Office: No. 474 48, Connaught Road, Central, Hongkong: Telephone No. 1989 & 2930. Principal Factory: No. 71, North Beachów Road, Bhanghai, China; Talephons No. 138. Bewash Factory: Wing Hing Street Caseway Bay, Hongkong..
** Cable Address: "EnGWAN.
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