1928-03-29 — Page 3

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THE LAW OF EXTRADITION.

CASE OF TWO TUNG KOON FUGITIVES.

HONG KONG NOT A REFUGE FOR KWANGTUNG

CRIMINALS?

CROWN'S VIEWS ON GOVERNMENT'S

DUTY,

An Interesting case was commenced yesterday in the Suprema

·Court before Mr. J. R Wood (Puisne Judge) when Mr. Hin Shing Lo made a' habeas corpus application on behalf of Un Kin and Un Fat Who are now being detained under an" extradition

warrant.

·

Mr. Hin Shing Lo argued that the two fugitives should be discharged and that they should not be sent back to Cantán. He also said that he would go into the question as to whether, at a curtain stage of the case heard at the Police Court, the magistrate had fe fact discharged his duty mtisfactorily.

Mr. Somerset Fitzroy, appearing for the Crown, cited several authorities in support of his contention that "the two fugitives should be sent back to Cainton' where they are wanted for various crimes. The question of extradition under the International treaties was exhaustively dealt with...

HONG KONG WOULD BE AT ITS WITS' END.

In his further submission, Mr. Fitzroy said that it was most objectionable and wrong that they should have in the Colony people who were guilty of murder or other serious crimes. That Hong Koax should be a refuge for criminals was certainly contrary to good order. If such a state of affairs should come to pasi there would undoubtedly be a large indux of undesirables from Canton, there would be tong feuds and Hong Kong would be at its wits' and know how to krep order, The application was a sequel to the case heard at the Central Magistracy before Mr. R. E. Lind well when the two fugitives in ques tion were held under an extradi tion warrant for an alleged attempt to murder the chief of the Man Tuen (people's Volunteer Corps) at Soon a Village at Tung Koon district. After several hearings: they were committed to prison for fifteen days to await H.E. The Governor's pleasure. They were told they could appeal in the mean time to the Supreme Court.

first warant was issued on January 1st without an order from the Governor, the second waxrant dated January 2uth was the result

The Crown's Position. Opening his subraission in op- position to the application, Mr. Fitzroy said that in the Hong Kong Law Reports, the Chief Jus tice bad ruled that the Crown had no interest, one way or anothar, ex« cept to see that the treatier with a foreign Power and the law were carried out. The grounds were only those by which the Treaty obligations of Great Britain wera fulfilled and they would put the case most judicially on behalf of

foreign Government:

The Facts Of The Case. The facts of the case, said Mr. Fitzroy, were that first of all warrant was issued under the It was Magistrate's Ordinance. lasted on January 21st of this year. This warrant of arrest need not be accompanied by an order from the

|

of an order received: from the Governor.

Court Not To Question. Dealing with the grounds on which the application was based, Mr. Fitzroy said that the first one was that no requisition had been tradition, Ordinance of 1550.. made out ander the Chinese Ex-

THE HONG KONG DAILY PRESS, THURSDAY, MARCH 29th, 1928.

SIONER.

crimes and a corresponding indux NEW RHINELAND COMMIS- at people for the purpose of revenge, in which case the good order of the Colony would be most seriously impaired.

Peking Or Canton?

Hi Lordship remarked that in effect before the ordinance" was amended there was authority to aurrender persons to Peking but. after the amendment there was" authority to surrender persona to

Canton,

Mr. Fitzroy: I could not entire ly agree to that, My Lord.

His Lordship: What was the point of the amendment then f'

Mr. Fitzroy replied that there WAS some doubt about it and the amendment was for the purpose of removing any possible misappre hension. He submitted that the requisition was still good on the original

APPOINTMENT OF MR. W. SEEDS.

(THROUGH REUTER'S AGENCY.

THE S.S."RESOLUTE ** ARRIVES.

380 TOURISTS ABOARD..

AN INTERESTING...CRUISE,

The ss. Resolute of the Hamburg- American Line, arrived bere at

LONDON, March 27th. His Majesty the King has ap about 4.30 pim. yesterday, and, proved the appointment of Mr. unfortunately, newcomers to the William Seeds, British Minister place cannot here obtained a very at Durazzo, to be British High favourable impression of Hong Commissioner on the Inter-Allied Kong. Rhineland and High Commissioner of Coblenz.

{Mr." W. Seeds, who has been Envoy Extraordinary and Minister Plenipotentiary to Albania since 1920, is the son of the late Mr. Robert Seeds, Queen's Advocate- General, and was born in June 1889. He entered the Diplomatic His Lordship said that either the Service in 1901, and has served at amendment incant nothing or it Washington, Peking, Athens, Lis meant something considerable. If bon, Berlin and Munich.' He was the latter it meant that before the H.M. Minister at Bogota (Colum- amendment surrender was possible bio) from 1023 to 1995 and at to Peking only and after the † Caracas from 1925 to 1920.] amendment surrender became poe- sible to Canton. How could be argued that the additional power of sending them, to" Canton as well. As to Peking would affect the order of the Colony?

Police At-Wits End.

MINNOW THAT EATS MOSQUITO LARVAĖ.

EXPERIMENT IN CORSICA.

(THROUGH REUTER'S "AGENCY.]

rivers and

Mr. Fitzroy replied because it would result in a large influx of undersirable people from Canton.

PARIS, March 27th. There would, he said, be tong feuda A new enemy of the malaria-bear- and the police would be at their ing mosquito has been discovered wits end to know how to keep in a tiny minnow known as Gam- order The two places were close buria Halbrock which is being in together and Hong Kong might be troduced into the placed in a most serious position. marshes of Corsica in an

he was, without aloube, der00, rid the island of the stars

Professor Bruntt, the Director of the Malaria Research Section of the Academy of Science has dis covered that the minnow is one of the hardiest of the species and is able to thrive in watra in which mosquitoes breed.

It devoura voraciously all mos

the ordinance, power to surrender | scourge. to the Viceroy of Kwangtung. The anly thing that was done was to clarify the position and to make it absolutely certain as to whom surrender could be made. The Governor was given power to say who was the authority and to whom surrender should be given. In al- His answer to that was that no loved one party to ask for the sur-quito larvae. form was necessary, at all. The render. It really substituted, the tradition extradition or application for ex-various people who now exercised was a matter between authority in the village provinces Governments and not a matter for of China for the centrali the Courts. The power of the power. Courts must be confined to these

Without a doubt, went on Mr. Fitzroy, every state had a right to say who should come in and who should remain and under what conditions.

limits. which were, to give the magistrate jurisdiction to proceed with the case, and that the order of the Governor was sufficient for the magistrate to issue another

warrant.

Mr. Fitzroy cited several zu thorities on this point and said that the Court could not go behind It was a the Governor's order. matter of the Government's cog- nizances of its treaty obligations and not one for the Court to question.

Treaty With-China From "Dally Press" Directory.

Mr. Fitzroy at this stage had occasion to refer to the treaty with China, and this he read from a copy of the Hong Kong Daily Press Directory. He said that, strange as it may sound, Chief Justice Gompertz, had said that the only original copy of the Treaty with China could be found in the Hong There were two methods of deal-Kong Daily Press Directory and -ing with persons whose extradition this book could be found on the

was asked for. The first was by desk of every office. an order from the Governor, Oa

the this procedure, would issue a warrant.

Governor.

+

magistrate

AFTERNOON HEARING.

Another At the afternoon sitting Mr. way, in order to prevent & person Fitzroy referred to the first point from geting clear of the Colony be. He drew attention to the Treaty fore a foreign Government could with France which showed the way make an application, was for a in which a requisition was to be magistrate to issue a warrant, made out. The procedure was to without .an. order from the give information to the Secretary Governor, for the apprehension ofof State to enable him to set upon an alleged criminal fugitive on such it and do what it had undertaken information as would justify the to do, which was to surrender a magistrate in doing so.

criminal.

asdf Governor's Power.

In this case, added Mr. Fitzroy, the first warrant dated January Dealing with the second point tat was issued without an order Mr. Fitzroy submitted that the from the Governor. The right or question as to giving an under wrong of this procedure had not taking was one for the executive been raised by the Counsel fling authority and not for the court. the application, he said, although The local ordinance did not say various other grounds were sub that an undertaking was to bo mitted in the affidavit.

given for the crime on which a man was extradited but it was for the ting for which bis extradition was demanded. According to the judge's remarks the criminal should not be detained or tried for any other offence committed, prior to his surrender.

one

Ordinance Not Ultra Vires.

Hong Kong continued Mr Fitzroy, was ceded to Britain by the Treaty of Nanking in 1949 and the Crown became possessed of al the rights and powers which the then Emperor of China had. The treaty showed quite clearly that the Emperor of China bad the righ: and power to say who should enter and what rights he had were ceded to the Crown. The Colony was given the right to make laws and they had been made. There had been two attempts to try and get the court to rule that the original Chinese Extradition Ordinance was ultra vir and they had failed.

malaria

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(THROUGH RESTER'S AGENCY.]

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On the point of ultra vires Mr. Fitzroy submitted that it was not ultra vires at all and that the nationals of China were exactly the same as the subjecte. The jurisdic tion of the Chinese authority was merely made with the intention of tion has left for. Moscow wit carrying out an all-important and Berlin. absolutely necessary duty. They had entered upon a strict treaty sals were at the station to bid them

The German and Turkish Con they had promised to prevent farewell and Madame Litvinoff, criminals escapine and remaining who accompanied the party was in the Colony and if they did to presented by the Turkish Consul return them under proper gar with & bouquet on behalf of Tewak antee to the place or authorities Rushdi Bey, the Turkish Boreign whom they considered had a right Minister. to take there.

Hot Pollical Offence.

The Russians and Turks dined together last evening and the re The next point made, continued lations were most cordial though Mr. Fitzroy, was that the offence the Turks had not identified them- was of a political character.. He selves with the Soviet disarmament

plan proceeded to quote authorities to show the meaning of the words after

GERMAN NAVAL APPRO- which he said that the chief of the dan Tuen whom the prisoners were

PRIATIONS. alleged to have attempted to mur- der, was walking quietly along the

DISSOLUTION OF REICHSTAG. village street. Without any warning the fugitives were alleged to have

(THROUGH ERUTER'S · LOKKOT.] opened fire with mauser automatic pistols The chief was wounded

BERLIN, March-27th and shouted for help and the A fugitives ran away. Mr. Fitzroy

The Reichstag, which will be suggested that that attack was not dissolved on Saturday, to-day of a political character but was a adopted the Naval Budget Appro deliberate attempt on the chief's priation, including the first instal- life. It was done because Le chief ment of 9,000,000 marks for the was trying to collect certain taxes construction.o of the 10,000-ton and was not of a political nature,

The case was adjourned until half past ten this morning.

Jurisdiction Of The Magistrate. Mr. Hin Shing Lo, at this point, drew the Court's attention to a paragraph in the grounds of appeal which referred to the fact that the fugitives had been in custody since September 17th last year. In view of the length of time, it took to With regard to the first set of apprehend them under an extradi- 1989, continued Mr. Fitzroy that tion warrant, they should have had been before the court twice, been discharged. Mr. His Shing once in 1908 and again in 1915. Lo also stated that he proposed to After dealing with the cases con- go into the question as to whether, cerned Mr. Fitzroy went on to say at a certain stage of the case, the thin the Crown had issued Letters magistrate had in fact discharged Patent and instructiona his duty satisfactorily.

Hi Honour asked if Mr. His Shing Lo would accept the position to which he was tied by the terms of his affidavit. Counsel replied that for the reason to whith he had re: ferred, he was entitled to go into the jurisdiction of the magistrate an extensively as possible.

Mr. Fitzroy submitted that the magistrate a warrant commended that the men be brought hofore him. to be dealt with according to law

The Letters Patent gave the Governor power to make laws and to disallow them for good order and peaceful Government,

Colony Hot Refuge For Oriminals.

Refering to the amendments in the ordinance of 1927 Mr. Fitzroy submitted that it did not impose any obligations which were incon- sistent with the Treaty of Tientsin. The ordinance dealt with the peace, good order and Government of the Colody. It was most objectionable

and ended with these words and, and wrong that they should have in this shall be your warrant. These the Colony people who were guilty words were sufficient to the of serious crime. That, Hong Kong magistrate the right when a should become, refuge

for criminal-fugitive was brought be criminals was certainly contrary to fore him, to have the same juris- good order. The ordinance was for diction as if the prisoner, brought the good order nad peace of the before him was charged with an Colony. If they had people of that indictable offence in the Colony, sort coming to the Colony there Reverting to the facts of the case, might be an influx of numerouIE Mr. Fitzroy said that although the people who were guilty of serious

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