1928-03-27 — Page 5

Page

DUAL NATIONALITY. WRONGFUL IMPRI-

CANTON INAUGURATES.

NEW SYSTEM.

THE DE NATIONALISING

PROCESS,

SONMENT.

THE HONG KONG DAILY PRESS, TUESDAY, MARCH 27th, 1928.

Houghton's story. C. AL Houghton said that he did not reach the office of the Associa tion on the day in question until HAYNES AND TWO OTHERS 420 pan. as he was teaching at St.

SUED

Joseph's College. He found plain. tiff there. The door was not locked and there was nothing to prevent the plaintiff from leaving. He did not tell the plaintiff that unless

JUDGMENT FOR PLAINTIFF.

ABERDEEN MANSLAUGHTER MANILAN MISCARRIAGE OF

JUSTICE.

CASE.

DEFENDANT COMMITTED FOR TWO INNOCENT MEN CON

TRIAL

VICTED OF MURDER.

Hearing was resumed yesterday | ONE VICTIM DIES IN PRISON. before Mr. R.. E. Lindsell at the Contral Magistency of the man-

That justice sometimes macar

Pang Chau, managing partner of the sum of $750 was paid, he could slaughter case arising out of a fatal Fies, resulting in the punishment of

the Chau On Transportation Co., not leave. He also denied that he {FROM OUN CHIMERA CORESPONDENS.Jted Leslie E. Haynes, C. M. Hough allowed the defendant to go after ton and Suen Kam Shun, of the Mr. Arculli's clerk had given him South China Trade Protection an undertaking to produce the man Association, yesterday at the Sumaguin when wanted. may Court before Mr. Justice J. B. Wood (Puisae Judge) for $1,000 for wrongful imprisonment.

CANTON, March 25th. In order to settle the trouble that after arises owing to certain people claiming dual nationality, Mr. Chu Chao Hain, Commissioner for For cign Affairs of Kwangtung, has drawn up a series of rules and re- gulations whereby a Chinese may, if bo desire, divest himself of his

Chinese nationality. These raguls tions have been approved by the Canton Political Council. They provide that if a Chinese wants to renounce his Chinese nationality,

The plaintiff was represented by Mr. A. el Arculli, and L. E. Haynes was defended by Mr. R. A. Wade son. The other two defendants wore unrepresented.

Before Mr Arculli opened his case, Mr. Wadeson said that he wished His Lordship to bear in fendants were separate cases and mind that the cases against the de-

he asked that they should be taken separately. His Lordship said that,

Suen Blames Haynes,

injury to a Chinese girl who was said to have been killed in a col- lision between a junk and a sampan at Po Tai Island, Aberdeen.

the innocent, is revealed in a report recently received in Manila from Romblon.

In March 1998 a man was mur

The defendant who was in chargo In answer to Mr. Arculli, Hough of the junk is represented by Mr.dered in Odiongao, Romblon, and ton said that at the time he was Leo d'Almada, jar, instructed by two persons, Caledonio Cesar and only employed by the South China | Mr. Léo d'Almada, "sar.

Daniel Cesar, were accused and convicted of the crime. They were Trade Protection Association. À Diamusalan Os Po Tal Island.

Chen Ching, steersman of another sent to Bilbid, the former to servo partnership was, however, entered into between himself and Baynes junk, called for the defence, and term of 14 years, eight months at the beginning of February. This that he had been following the deand a day, and the latter a ferm Fartnership was rescinded in the fendant's vessel and that if there eight years and one day impris middle of February. There were had been a collision he would have sonment.

On January 1st of this year, a two keys to the office, one of which seen it He arrived at Pa Tai

as in Haynes possession and the shortly after the defendant and constabulary Houtenant in Rom- witnessed a quarrel between him blan received a letter informing other with the office boy,

and complainant with regard to the him that the real author of the dence said that ho went to see Mr.quent death of complainant's daugh. targo,

The defendant, Suen in his evi-alleged collision and the couse-crime committed in 1920 was at The informer gave the Turter on January 20th. That was ter

name and residence.” A Con- he must arst go to the Foreign he could not see the ground for such after the writ had been served on an application. He understood that bim. He showed Mr. Turner some

A fisherman, living on the island, stabulary investigation which fol- Office and obtain a certificate de- the claim was against all of them | papers which he had obtained called by the prosecution to give flowed resulted in the trial and con-t claring that he is no longer and that in the statement of claim, from Haynes. He had also told rebutting evidence, said that he had viction of that man for homicide, Haynes that since he (Haynes) had Chinese citizen. Ha must then re-to had inferred that the allegation got him into trouble, it would be acted as interpreter between the two i the court meting out the propert

Consul-General was made against the three of up to him to get him out. Haynes parties, and that the defendant ad. penalty. According to the report mitted that he had run down the received here, the man confessed of his new country. Under no cir-

sampan and expressed his willing- having committed the crime. cumetanés can be register at a for

nese to pay two or three dollars

Daniel Cesar, one of the nien sign-Consulate unless he has first

compensation in the damage done brought to Bibed for a ritue to the reisef. When, how he never committed; died at shown his certificate from the

ever, the dandant heard that the the Bilibid hospital on January girl had been killed, he changed his esth this year, after serving near mind and denied the collision and two years of his term. He ac refused to pay anything.

cumbed to acute meningitis, sec) (d- ing to Director Victorio of Bibed. Celedonio Cesar la stii in Bil bid. He and Daniel entered the

gister with the

Chinese Foreign Office,

The system provicies that a person who so divests himself of his Chinese citizenship can purchase real estate and do business only in

The Chinese Foreign Office will

them

then gave him a statement in which thee (Haynes) took the responsibility

Mr. Wadeson argued that in statement of claim it contained no particulars of how they had jointly refused to let the plaintiff go Under the circumstances he would like to have the evidence against cach defendant stated by itself,

His Lordship: You are hot ask- ing for three separate claims to be

mado.

اد

case to be taken first,

on himself. He closed the door at about 4.30 p.m. on January 20th on Haynes' instructions. In giving the order Haynes said "I don't want these men to gp until they have explained the accounts." Defend aut believed the object of closing the door was to prevent the men from leaving.

Defendant said that at the time

he questioned Haynes as to the legality of such action and Haynes took a book and read out an extract identical to what was written on the paper which Haynes gave him later At Haynes' request he also interpreted the extract to plaintiff which said that anyone suspected of larceny or that a larceny had been committed is liable to be de tained.

Plaintiff then went into an^ ad- joining room and Haynes immed intels telephoned to the police station.

Pre-arranged Kvidence↑ Mr. Leo d'Almada, jnr., said that there was no doubt that a collision had occurred, but he submitted that the defendant's junk had not been

party in it. He further submitted dar penitentiary on July 4th, that any words which had passed 1926, according to the records in between defendant and plaintiff on Hilibd. Ande from the long tetum the island were not properly under-

of imprisonment" meted: Hoklo, and it was not until his foki stood by his client as he only spoke

arrived and explained the accusa-

Mr. Wadeson I am, I should treaty ports. Property not within suggest that you take Mr. Hayara' the confines of treaty ports must

case first for this reason.

His Lordship: No in sold. When he has so renounced

Mr. Wadeson replied that he bad kis citizenship the Chinese Govern-very good reason for making the application. There had been evi- ment will look upon him and treat

dened, taken before the Registrar

·him just like any other foreigners which related to a conversation be--

tween the defendant Suen and Mr.

tion to him that he understood and Commissioner Chu has already L D. Turner, and which kir. Turner

in consequence made a complete "denial. He pointed out that the told Mr. Arculli over the telephone, ordered his staff to draw up ap That evidence, Mr. Wadeson said,

Cross-examined by Mr. Wadeson complaintant his wife and mother plication forms and official certi-could not be admissible.

defendant said that the slip of paper bad all stated the evidence that beates for those desirous of re- His Lords: "Quite.

which Haynes gave him to save him when they first saw a defendant's nouncing their Chinese nationality, that was why he asked for Haynes'. but it was done in Haynes' prese d'Almada suggested, seemed to Mr. Wadeson then replied that from trouble was typed by himself junk it was some distance away and nothing more. This, Mr. The other piece of paper quoting show that their evidence was pre- His Lordship: I don't agree. I the authority on which Heynes take pains to investigate each apwill take them together and separate could detain the plaintiff was also arranged. He believed that all they plication and go into the reasons the evidence in my mind.

typed by himself. Haynes signed knew was that it was a Holle junk given for the* renouncement of

The Case Outlined.

that slip of paper after reading it which collided with them of which Outlining the case, Mr. Arculli carefully. Defendant also admitted they had not noticed the number, ationality before granting the said that Houghton was the account going to see Mr. Turner and making especially as the sea was rough, and ant of the South China Trade Pro-A statement to him which was quite complainant was probably sleeping and not fishing when the collision He further suggested tection Association. The other de- contrary to the pleadings which he,

Haynes and Houghton had signed occurred. Mr. Turner and what he now said in Court was true. He also said that he had suffered much, mentally and physically, since Haynes had brought this trouble on him. The was because he had been told that the South China Trade Protection Association was formed by solicitors, chartered accountants, etc.

At this stage, His Lordship order ed him to leave the witness-box,

certificata.

out to

them, they were each fined 1500 as indemnity to the heirs of the man they were supposed to hare killed. --Manila Times.

PEAK RESIDENTS

ASSOCIATION.

ANNUAL MEETING

BUSINESS

The General Meeting of the Peak

The Provincial Administration has fendant Suen was until recently Defendant said that what he told that if his client had been reapon Residents Association was held in

decreed that henceforth. Arbour Day shall be incorporated with the annual commemoration, og "March

The activities of the past year. were referred to by the Chairman,

sible for the disaster he would hard-the Peak Club, our Friday, Mr. D.

ly have followed his victim into J. Lewis presiding. Po Tai Bay but would have made off elsewhere. With regard to the damage to the defendant's junk, the witnesses who had been called from the junk maintained that it had been caused by rough seal.

Mr, Lindaell I believe that this is a case for a jury.

18th, of the death of the late Dr. Sun Yat Sen. The holding of the plaintiff to the Office of the reason why he had acted for Haynes Mr. d'Almada pointed out that all after which the Report and State

solicitor's clerk in the employ of

member of the Association. Messrs. Lyson & Hall. He was also Ou January 18th, the plaintiff received a letter from the Associa tion signed by Houghton saking the events simultaneously, the Association as the following day. Plaintified accordingly Government declares, is most suit and he was told by Houghton that able as afforestation was one of the the Chau Kin Co. had handed certain account books to the Asso things advocated by Dr. Sun Ociation and that there was $750 in March 12th of each year the officials dispute. Plaintiff was asked to call

again the next day. of the Nationaäst Government

two

Haynes' Denial,

The defendant was committed for trial at the next Criminal Sessions, bail being allowed at $300,

it was his duty to do so to test the credibility of the witness.

Haynes at the witness box said.

·Plaintiff returned again, the next that on the day in question, he was throughout China will conduct the office boy asked him to call final proois of the Observer. He day. He found no one there, and in his private room reading the

extensive campaign on behalf of later. He went back at 215 accom- heard a commotion in the outer afforestation.

panied by a friend named Lau On. room and he shouted to them to As an alternative Mr. Arculli On this occasion, plaintiff was taken shat ap. The letter which Hough asked if Haynes had ever been known by the defendant Suen to seo ton sent to the plaintiff on January as "Leslie the Liar." Haynes ad- Наупен.

Plaintif was told by 18th was not written on his instruc- mitted that he had been called 'that Haynes that he would have to pay tions. As a matter of fact he did but without justification. $750 to Chau Kin, a client of the not see it until the Police Court Questioned as to his connection Association Plaintiff refused to case brought by the Hong Kong with the South China Trade Fro pay, and Suen was then handed a Law Society on February 8th. Hetection Association, Haynes said key by Haynes and with which he had never told the plaintif that that he was only secretary to the locked the door.

unless the amount of $750 was paid. Association Asked whom the busi- After locking the door, Buen be could not be allowed to go. All

clients."

The Chinese Y.W.C.A. of: Canton has just completed a new modern bulding which is to be used as a technical school for the poor girls and women of the community. The curricula of the school ecosistat

stood with his back against it and told plaintiff that he would not be allowed to leave. After a little con versation with Haynes, Suen told the plaintiff that he was liable to imprisonment in respect to the

Bolicitor's Clerk To The Rescue,

case he did not

were proposed and adopted. The accounts show a balance in hand of 80281, but the continued support. of members was asked, in order that work may be carried on and the Association kept in a position to meet contingencies.

ments of accounta

The following. Officers and Gen eral Committee were unanimously elected for the year 1973 :----

Chairman, Mr. D. J. Lewis Vice Chairman, Mr. P. S. Cassidy. Hon. Soc. and Treasurer, Mr. A.

Murdoch.

General Committee:Mrs. Murray, Mrs. Bennett. Mesra B. B. Lånd-

T. G. Well, F. A Perry L SA sell, V. Borby, B. Hampden Ross, Mr. Greenhilk

that, had been given in exdness belonged to be said to our

submission

it

a studente. In addition to these straight to Mr. Arculli's clerk and told that the dispute was a partner-

ship one realised that such a dis- to address the Court, His-Lord

CHEER 0 YMCA

EVENTS FOR THE WEEK

The following events have been arranged for this week at the Cheer O.Y.M.C.A., in Queen's Building, for Service men;

courses on arts, home economic,

about the key was fiction. There In his final hand work, and commercial sub-

were two keys. He had kept one Wadeson quoted a case where jects. In addition to this technical

ever since he took over the office had been decided that a person Achool there are two others, name

and that key had never left his could not be imprisoned when there possession.....

was another exit. He said that ly, the night school for women and | $7500

The first time he know that the there were two doors to the Asso- plaintiff was in his office was at ciation offices, and if one was lock- the day school for the poor. The number. attending there three After some time, Lau On asked about 4 p.m. that day. Suen went ed, the plaintil could easily have

His Lordship: He might sabode is over two kindred. Avolved in the that and was hot and Kin wanted to arrest someone and set himself ont by another, the amadh tuition fee is charged from see why he should be imprisoned. He asked him if he would telephone climb out of the chimney. I think

was then allowed to go. He want for the Police. Haynes on being your case is no parallel

Without calling upon Mr. Arculli three almost free schools the Can- told him of plaintiff's plight. Mr. pute did not come within the scope ship aid that he believed the

Arcalli's clerk returned to the office ton Y.W.C.A is also maintaining of the Association with Law On. of the Police Courts. He suggested story of the plaintiff, and that a kindergarten school for all They found the door was then not that the two parties should settle, he had also found that eHoughton To-day (Tuesday), at 7.45 p.m. :- locked. The solicitor's clerk chal- the matter as he was against anyone was not in the office before 1.20 children. The work that this enged, Buen and Houghton as to making a scene in his office. Pozz This made the case against -However, he could not get them him less: substantial. With regard kindergarten has done or unruly their right to detain the plaint to quiet down so he telephoned to to the assessment of damages, his children of the neighbourhood is and after further conversation, the Detective Bergeant Baker, whom he Lordship pointed out that there plaintiff was allowed to go knew very well. He could find no was a different degree of seriousness extremely interesting. At first

Pay Before You Go,

body as the Police on that day were against each defendant and for that when the children were taken The plaintif's evidence baro out busy over the Treasury Fraud, reason he could act assess jointly, were Mr. Arcullt's opening statement. Cross examined be Mr. Arcullt, He was also without precedent school they

He also said that he thought that Haynes said that he had never stop as to whether he could akness dam dirty, they throw stones through Suen wad acting as interpreter for ped the defendant from leaving

ages separately. In view of this the

were in Haynes After a conversation with office,

Haynes Buen turned to the plain Mr. Arcull then proceeded to his Lordship adjourned the case

the

the

Special concert To-morrow (Wednesday), at

p.m.-Whist drive Concert at Boots Guards'. Camp,

Bhamshuipo. Thursday, at 7.30 p.m.Dance. Saturday at 7.30pm Dance Sunday, March 31st, at 7.30 p.mx/

All Service-men are heartily in

all ways young hooligans. But i tiff and said that unless the sum question Haynes about his imprison until Friday, and in the meantime the teachers were most patient, of $750 plus 20 per cent, costs were ment in England, when his Ink directed Mr. Arculli and Ms. vited to the above events-and-a

little by fittle the unruly hards was taught to behave. Now they are among the best behaved child

of the community.

paid, he (plaintiff) could not leave the office of the Association. Haynes took up a book and point ing to a passage in it said that he had the right to detain the plain

tiff

Wadeson to look up the authorities.

ship interposed and said that he Mr. Wadeson I will have no very special programme is promis thought it was not relevant to the thing further to do with the cared for Tuesday. The revival of the case. Mr. Arculli said that he had Mr. Arculli should help you in this weekly concert has proved most not the slightest wish to bring cut His Lordship: Very well, I will another man's past, but he thought give my decision on Friday morn popular and a thoroughly good

(Continued on next Column), ~|

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