"Why, Helen, every meal was a banquet! Breakfast at eight, bouillon at eleven, lunch at one, tea at four, and dinner at seven. If only the scales had lied in my favor, I could have had sandwiches and tea before going to bed every night. The menus aboard the Presidents are too grand to describe."
THE HONG KONG DAILY PRESS. FRIDAY, MARCH 30th, 1928.
THE LAW OF EXTRADITION.
WHAT IS MARSHAL LI TSAI HSIN'S POSITION?
KWANGTUNG GOVERNMENT NOT SIGNATORY TO PEKING TREATY.
THE CASE OF THE TUNG KOON
FUGITIVES.
Interesting legal arguments were again heard at the Supreme" Court yesterday when the application for a whit of habeas corpus on behalf of two alleged criminal fugitives from Tung Koon was continued yesterday before the Puisné Judgé, Mr. Justice J. R Wood.
One of the points raised by Mr. Hin Shing Lo, Counsel for the fugitives, was that the Kwangtung Government was not a Power signatory to the Peking Treaty, and Marshai Li Tmi Hsin," who signed the requisition order for the surrender of the fugitives, could hardly be treated as an officer of the Peking Government. At the present moment, Counsel said, Marshat Li, appeared to be against the Peking Government, but might at any moment, be ..with that Government again.
Mr. Somerset Fitzroy, Counsel for the Crown, said that whether or not Marshal Li was recognized as an officer of the Chinese Government was a matter between the Government of Hong Kong and the Kwangtung Government. It was not within the power of the Court to decide on this. It was clear that Marshal Li Tui Hain had sent the requisition" for the surrender of the fugitives
to
the Hong Kong Government. The requisition was accepted and that was in accordance with the the Treaty and Ordinance as regards the extradition of a foreigner. Mr. Hin Shing Lo, instructed by Messrs. Lee and Russ, com- menced his argument yesterday morning and when the case ad- journed at 4.30 p.m., he had not finished.
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Before proceeding with his legal argument, Mr. Hin Shing Lo asked whether there was any special reason why the prisoners were not in Court: He said that as their liberty was at stake, they should be present to hear the case.
His Honour said that he decided to send for the fugitives when he gave his decision, but if Counsel
His Lordship The only thing Dow is whether Marshal Li Tsai
Chiness Government." Hsin is the recognised officer of the is with Mr. Hin Shing Lo to prove to the contrary.
The onus
Mr. Hin Sbing Lo: The anus is with the Crown. If a man comes to me and says that he is so and so, I will have to prove that be is "Marabal Li did not come to Crown saying that he is the re- me. He sent the requisition to the cognised oficer of the Chinese Government, therefore, it would be up to the Crown to prove that he in
Mr. Fitzroy Mr. Hin Shing Lo could not be heard on that.
His Lordship Why not? The
CATAPULTING THE GOVERNOR.
SIR HUGH CLIFFORD AND THE VINDICTIVE'S
AEROPLANE
SUCCESSFUL FLIGHT,
11
PASSING OF THE LIGHT CONSIGNEE NOTICES.
HOUSE.
WIRELESS REPLACING
DEACONS.
* LISTEN—NOT
[DY SHIPPING EXPERT.]
SINGAPORE, March 2nd. One of the most striking of Perhaps without knowing it, Sir modern naval developments was Arthur Clarke, E.B.E.. in his re- demonstrated to Sir Hugh Clifford cent lecture en-Trinity House show. on board the British cruiser Fiswas going to give way to the new ed how the old visible lighthouse distive this morning, when His Ex-wireless lighthouse. The navigators cellency was catapulted from the of the future will listen, instead of cruisev in a seaplane,
looking.
His lecture to Trinity House, showed how the old customs of given to the Royal Society of Arts lighting Britain's consis giving place to modern wireless methods to help ships around our shores.
After the cruiser had brought to, facing the wind, in the been vicinity of St. John's, the seaplane shot up into the air with startling sudden ness, circled around the ship once or twice, and then made for Singapore. After passing over Government. House and Pulau Brani it returned and landed be side the ship, the flight lasting about twenty minutes..
WAN
were
Trinity House is the oldest ship. ping organisation is the kingdom. It started its serious work for ship- ping in the days of Queen Elizabeth, when it was allowed to put up small beacons and levy duca from. There are three bodies that on the ships, that loncated there look after the lighting of our consts today-Trinity House, the Com- missioners of Northern Lights, 'and the Irish Light Commissioners, and their services cost the country about £1,000,000 a year.
Shipowners, in addition, have to
His Excellency went aboard the Vindictive at the Admiralty oil wharf, "Keppal Harbour, at 6.48 am, and the cruiser inmediately left the wharf and went about four miles
tho out into
roads The seaplane in which His Excellency
taken up was a Fairey Three D reconaisance machine, fitted with a 450 h.p. Napier Lion engine, and it was piloted by Flight Lieutenant Max-pay heavy dues for lighting, and ton. The seaplane was lowered on
as they consider Trinity Home, to the sea from the hangar by a and its associated organisations, crane and rifted back again, with quite out-of-date in view of the its pilot and passenger, after the modern wireless aids offered to flight.
navigation, they naturally kick against the forced levies (of this antiquated body,
The "Vindictive" Leaves.
brave sight as she steamed through The. Findictive, which mode a the channel with the ensign at her stern and the long paying-off pen nant-significant of over two years one of her masts, left for Home In the China seas-streaming from this morning.
'PLANE'S 15 SPINS.
Owners' Trade Union, The Chamber of Shipping, which is really a trade union of British shipowners, has often protested Ping by Trinity Hense. At the against the unfair charges on ship- coming meeting of the chamber, in a week's time, further resolutions on this subject will be dealt with.
In the year 1817 the work of Trinity House was hotly objected to by the local inhabitants of the Lizard, who complained that light-
NOTICE TO CONSIGNEES. PENINSULAR AND ORIENTAL STEAM NAVIGATION Co.'s
STEAMER 'MOREA,”
ARRIVED HONG KONG
is
29 MAROH, '1928. •
FROANTWERP, LONDON,GIBRAL- TAR, MARSEILLES, MALTA, PORTSAID, ADEN, COLOMBO * STRAITS.
ahova named Varsel ne hareby in TONKIGNEES
of Cargo by the
end placel AT THEIR BAK. in the Hong formed that their Goods are being landed Kong and Kowloon Wharf and Godown Compa
arany's Godowns at Kowloon, where "ench Consignment will be sorted out Mark by dark and Delivery can be obtained as the Goods are landes,
Optional Goods will be landed here instructions bave been given to
unlow
the contrary Six hours before arrival of
Steamer Goode not cleared within 8 days fo- eluding date of arrival will be subject to Rant.
No Time Insurance will be effected by
any case whatever...... Damaged Packages must be left in the Godawas. for examination by the Consignees, and the Company's surveyors on Mondays and Thursdays, within the Mesara GoNDARD & DOUGLAS RS 10 Ame Free Storage period.
be
All Claims against the Steamer must presented to the Undersigned on or before not be
2000 1828, or they will No Game will be admitted affor the Goods have left the Godown. MAOKINNON, MACKENZIE & Co, Agenta. Hong Kong, 19th Mar 1929. [6078
JAVA PACIFIC LIJN.
NOTICE TO CONSIGNEES.
FROM FEATTLE, SAN FRANCISCO
AND LOS ANGELES.
Steamship “DELI.“
Omigues of cargo by her are notified having arrived from the above porta. that all Goods are being landed at their risk into the harazardous and/or extra hazardous Gedowns of the Chin Provident Loan & Mortage Co., Ltd, hence and/or from the wharves delivery may be
altained. Goode pat
desired it, he would arrange for only evidence which would have any HOW RA.F. BOMBER CRASHED houses would "take away God's April, 1929 cleared by the 4th
them to attend in the afternoon. Authority Of Treaty And Statute.
In his opening address Mr. Hin Shing Lo said that extradition, ac cording to Sir Francis Piggott, could not be effected without ful authority under a Treaty and Statute:
As to Mr. Fitzroy's point that an extradition requisition was a matter between two Governments, Mr. Ein Shing Lo submitted that the Kwingtung Government, as at present constitued, could hardly be considered a Power signatory to the Tientsin Treaty.
Mr. Fitzroy had said that the coart would not go behind the order of the Governor, and this clearly showed that the Governor's order was necessary, but how could the Governor issue such an order with out first receiving a requisition for the surrender of the men. It must be remembered that the surrender was only made possible by the Governor's order to the magistrate, consequent on a requisition receiv ed. If the Court was satisfied that the men had been wrongfully ar rested or wrongfully detained, it would be the duty of the Court to discharge them.
Should Come From Peking. The requisition in this case bare the seal of Marshal Li Tsai Hein, but in accordance with the Or dinance, it should have come either from the Peking Government or from an officer representing that
(ROYAL PACKET NAVIGATION CO. OF BATAVIA). Government.
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weight would be from an officer of the Chinese Government who would say whether or not Marshal Li is Government, also
an officer of the Chinese
Mr. Fitzroy: That would be the concern of the Executives, and not for the Court.
His Lordship Why not, we are proceeding under common-law. Anyway I will consider that point. Dealing with his submission that no undertaking had been given as required by the ordinance, Mr. Hin Shing Lo said that according to the extradition law the requesting state had to give an undertaking that the fugitive could only be tried for the offence on which he was to be extradited. In view of the disturbed state of China entle the court
prisoners would not be tried the guarantee that the other offences not mentioned in the extradition warrant.
ON CLOUD FLYING PRACTICE.
will be subject to Bent grace from them, as they will have" All broken, shafed and damaged Pack ne more benefit from shipwreckages are to be left in the Godowns. Today it is the shipowner who ob- when they will be examined on the A verdict of "Accidental Death "jects to the work of Trinity, House Mesra, Golda, and Douglas,
1928, at 10 am, by was returned at the inquest at East- as a service far too expensive for Monsrs church Aerodrome on March 3rd on the results it gives to British ship- the three occupants of the RA.F. ping, Yet this ancient corporation machine which crashed in the Tale functions in tranquility because of of Grain. The victims were i
the great power given to it by his
Plot Sergeant William B. Malt. man, 26; Leading Aircraftsman Sidney C. Mason, 22; and Air craftsman William G. Lowman, 92, All were single men.
Flying Officer Lionel Weeden said that Sergeant Maltman was to join him in formation sing practice, and when he signalled to him to break away from formation he was
toric charters. In 1876 and 1659
of
Samuel Pepys Was Master Trinity House To-day the membera of the corporation consist of an in- definite number of Young Brethren and about Brethren
twenty-four Elder
The Board.
stitute the board and carry out the Ten of these, all reat seamen, con-
to carry on clouil dying practice. active work. The others are men of
We were in formation for half high distinction in all paths of life, Medway towards, Rochester, getting of Wales, Prince Arthur of Con- an hour on the south exde of the and include the King, the Prince
was not required under any statute. His Lordship remarked that that
back to the south of Sitting naught, the Prime Minister, and All they required was the requisithe signal to break away.
"bourne," he said: At that time the First Lord of the Admiralty. we were 1000 feet high. I save rent Master, and Vice Admiral The Duke of Connaught is the pre- tion from the authorities and they turned and proceeded in a southerboard meetings, is the deputy
Ho had that before them.in
George Mansell, who presides over
Prisoners Prozent.
When the court resumed in the afternoon the prisoners were pre- sent and were provided with saata
in the dock.
Mr. Hin Shing Lo continued his arguments that the amendment of 1927 to the Chinese tradition Ordinance was, ultra vires. The Government of China aigned the Treaty, af Tientem in 1850 and handed its power to the Chinese republic, but the man requesting the surrender of the fugitives wis The Judge pointed out that a not a party. He did not agree cording to an amendment the re-with fr Fitzroy when he said quisition had to be from a Chinese that subjects and nationals were Authority. A requisition could synonamera, "therefore
.come either from น Viceroy or other officer administer ing a Provincial Government.
Marshal Li Not An Officer: 01 Peking
|
ly direction. That was the last I Faw of hita."
moater".
Claims against the Steamer must be presented in writing within ten days after arrival of the Steamer, otherwise they will not be recognized.
by
Finance will be effected by Undanigred in any case whatever, Bills of Fading will be countersigned JAVA-CHINA-JAPAN LIJN, Agents. Hong Kong, 27th Mar,, 1928. (6071
NOTICE TO CONSIGNEES,
OCEAN STEAMSHIP CO., LTD. Arp CHINA MUTUAL STEAM NAVIGATION CO., LTD.
FROM UNITED KINGDOM VLA SINGAPURE
are hereby notified that the Cargo will, be
MENELAUS". YONSIGNEES per Co.'s Steiner
discharged into Holt's Wharf, Kowloon,
The Coroner (r. E C. Harris): Trinity House, realising the com-where it will lie at Consignees risk and Did the plane appear to be funcing of the wireless lighthouse in jest to Terms and Conditions of tioning properly Everything ap- place of the old visible one, is now Storage at Hol's Wharf The Cargo will peared to be normal.
installing these new aids to navigabe ready for Delivery from
Flying Offeer Weeden, replying.tion at Round Island, in the Scilly and after 27th March, odown.ou
to other questions, said that if the Isles, at the Caskets, Skerries, and pilot were looping he might have Lundy Island. stalled on the top of the loop and is noce in that case would come down and he would get into a spin, HONG KONG METEOROLOGICAL which the option and damaged Goods
Other evidence was given that the machine came down quickly in & spin and struck the beach nose first. Sergeant Maltman was found hanging over the side tangled up in his parachute. The machine spun about fifteen times before crashing. "Two workmen who were first on the scene were complimented by the jury for their prompt action...
Arguing on the question of juris diction counsel submitted that if they looked at the Colonial Secre- tary's certificate they would agree that the matter of jurisdiction was Mr. Hin Shing Lo replied that not personal and the certificate was whole as ons big change... After re-
had. Any declaration must be ter it
WEE common knowledge that
ritorial. Marshal Li Taai Hsin, could hardly be treated as an officer of the "Formed " And "Forms." Peking Government. At the pre- His Lordship remarket that the sent moment he appeared to be certificate eiled with "Kwangtung against Peking bit there might has formed a part of the Republic would be on the side of that come time when the Marshal of China," and asked why the word Government again."
His Lordship': We have no evidence to that effect.
Mr. Hin Shing Lo That could be inferred.
Counsel went on to say that in
forma Waa not used. The Republic of China was the successor of the Imperial Government and so long as the territory formed part
".
REGISTER.
Hong Kong Observatory, March 29th
Previons]On Date On Date
Day
་
at 2 pm (6 xAL
st.
29.91 29,85
29.91
69
65
•
.98
·EB
East
0.08
Optional Carge will not be landed here, tinless
Notice has been
been given prior to Steamer's
but carried on from BITIYS?, port to port to the final port of call to
All broken
chafed
ars to be left in the Godowns, where they will be examined on Any Tuesday and Fridays between the hours
10.30 AM and Noor within the Free Storage period.
No Ching will be admitted after the Gooda - have left, the Steamer's Godown, and all Goods remaining undelivered. after the 2nd April, will be subject to Rent
All Claims
against the Steamer must be presented to the Undersigned on, or before the 16th April, or they will not be recognised, 4
No Fire Insurance will be affected."
BUTTERFIELD & SWIRE,
Agenta.
4
0J0 0,32
arometer... Temperature Humidity... 100 Wind-
Direction Best East Fores
OMD ferring to changes which he said Weather
Bam rendered the amendment bad, costa- sel continued how could they know | Highest open-air Tamparature, 28th, 87 that the fugitives were being sur Lowest open-air Temperature, 29th : 67- rendered to an enemy
B-Bine sky; C-Cloudy: D-SERVICES Drizzle; F-Fog; L-Lightning: -Mist; O-Overcast P-Passing showers; Q-Squalls; R-Rain; T
Thunder.
His Lordship pointed out in that case it was for Mr. Hin Shing Lo to produce evidence to show that the person to receive the prisoners was a rebel..
HONG KONG TIDE TABLE.
From March 80th to April 5th, 1923. Hien Wicks :LOW WATERJA
27th March, 1928.
[cdes
CONTRACTUELS DES MESSAGERIES. MARITISIES.
CONSIGNEE NOTICE.
S.S. "ANDRE LEBON,““
BRINGING CARGO F MARSEILLES, 20., Asao CARGO Fox COGNAC & BORDEAUX, Ex 8.8, ROLLON,”
B are hereby informed NONBIGNETS ard
that their Goods with the exception
No Obligation To Surrender, of the Republic of China the Counsel disagreed, saying that his sovereignty descended. If once the Lordship would appreciate the province was declared to form no point raised as to which party longer a part then there was no & Habeas Corpuz case every loop- succession of sovereignty. In the Hin Shing Lo added that the new should prove that. Continuing Mr.. hole should be thoroughly in- certificate the Governor vestigated and a distinction should fed a break, verzor had corti-rections added had the effect of de be drawn between it and a criminal
elaring jurisdiction retrospectively Mr. Fitzroy eaid he could not eo which he submitted was bad in law. case. There was ample evidence to cept that, but said he thought it. show that the Court could go by was more likely to be copying tion by a tribunal in China was a
Submitting that a formal accuss inference and possibly invite fresh mistake and the word forme evidence at any stage, would have been betteritas conditional precedent to a request
A-Matter For The Executive His Lordship. It will relieve me that nothing was done in any part Fri. 180. Noinfer. higa, nor Low wal, i ser det be sent in to me on for extradition, counsel contended.
ed in 1850, the matter m ** and added that he did not think the Chinese machinery in motion.
tion
Height
Kag
Hong
Houg
Kong
Standard
Standesa
Tixio
Time
by the the the main
of Optum, Tressure and Valuables arg. ' being landed and rtered into the Golawas of the Hong Kong and Kawloon Whark and Godown Con
Lisa
Kowloon, whence Delivery may be
A
Continuing Mr Hin Shing Loath the word forthis! on it,
if you will produce certificate of China until the proceedings con- said that when the Treaty between China nd Great Britain was sign Counsel replied that he would do menced in Hong Kong That puts a St. 31 m 8
now complexion con matters and set Ban. 1846 47m1 86 13 Damaged Fackages will be examined by: 64 mil 28 or before Thuriday, the 5th April,
1928, or they not be recognized. there was any intention to suggest He added that the first accusation Men: 2 m9 049m29 1,3 Goddard & Douglas in the presence 7 19.65 0.4239 the Company's Surveyors Mark what was indicated
A in Hong Kong was monthe after the In reply to his Lordship Mr crime was committed He submit Tues. 8. m
1661 413 4 of the Consignees at 10a.m. on en Bhing To contended that if the ted that if there was no forego
12 Monday, the 2nd 2 ordinance was ultra vires in part warrant then no extra pro- Wed.
April, 1923. No Fire Insurance will be effected by then it would be as a whole as the cerdings were sound der f
49 21 5 4 8 10 16 in any case whatever, amendments had to be taken as a (Continued on next Dolumn).
was clearly defined. Treaty was then transferred by the Emperor to the people in June 1912 The Republic of China had then, made their own Constitution and this Constitution did not malce Marshali Taal Hainan officer of the Chinese Republic
The case was adjourn until this Thur 948 50m 33918
afternoon at 213
ካ
L-LEADOS Hong Kong, 27th Mar 1928. (6001
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