1931-08-15 — Page 7

HONG KONG DAILY PRESS, SATURDAY, AUGUST 15, 1931.

COUNSEL'S OBJECTIONS. ALL FLOODED IN

ALLEGES "THREAT" BY ATTORNEY- GENERAL.

TWO ANNAMITES HELD FOR DEPORTATION:

PROCEDURE CRITICISËD...

If the learned Attorney Genors) wilt line up with thự Attorney General in England, it does not matter when this' caso is finished, declared Mr. Jenkin at the Supreme Court yesterday, when the application for å writ of habens corpus in respect of two Annamites, detained in Victoria Gaol, came for hearing before the Chief Justice (Sir Joseph, Kemp) and the Paísné Judge (Mr. Justice Lindsell). ......

..

'Counsel contended that more than once during the proceedingə the Attorney General had thrown out a pointed hint, amounting to a threat, that whatever the result of the application it was still open to the Clovernor to summarily deport these persons. Mr. Jenkin said that if the Attorney flenoral did not withdraw this threat, he would have to ask their Lordships to protect the applicants by making the order absoluta.

DEATH IF SENT TO INDO-CHINA.

The appleants are Sung Man Cho and his niece, Li Sam, natives of Aunam, who are alleged to be political fugitives from the French Government of Indo-China, who were arrested on June 6 and detain ed in Victoria Gaol.

When the application for an order is that a writ of habeas corp be issued in respect of the two detained persons was made bo- fore the Chief Justice on July 31; Mr. Jenkin said:

I desire to make it clear what is at the bottom of this application. 1 in ovidence that the police claim that these two people are re volutionaries and that their activi ties have been levelled against the Government of Indo-China. If the offener alleged is any offence at all against the Government of lado Chinn, it is clear it is of a politieni nature and that, consequently, this In and woman cannot ba olisin- ed by the Indo-China Government by process of extradition.

From the correspondence which has passed and from the facts dis elased on the affidavits, I suspect that an attempt is being made or possibly has been made to let the French Government have them two people under the guise of departa tion, as it would be impossible to fet them have them by the process of extradition.

Risk of Daalik.

I say that now because although this man and woman know that they can properly be, deported and are quite willing to leave the Colony, they cannot obtain an nsurance from the Government that they will be free to go where they wish when they are deported, and that they will not be hauded back to the French authorities which, these people say, would mean their almost instant death, were it to happen."

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His Lordship: That is a very serious charge to make. It may, of course, be se, but no-one can agune it unless it is proved up to the hilt. Mr. Jenkin replied that is look- ed that way from the evidener which had been sworn and also by the fact that, in reply to a letter written by Mr. Loseby asking for assurances, the Colonial Secretary had replied generally in a negative

toni.

eluded in the order made by, the Court. Ma Alabaster concluded that it was grossly inaccurate to say that be bad. refused the request.

ソ

·YANGTSZE AREA.

"REDS" STILL AMOK IN KIANGSI.

(From Our Own. Correspondent.}

KIUKIANG, Aug. 44 Hankow-Kiakiang-Anking-Wuku- Nanking...s, all flooded! "And in seven years it is the 3rd time! Now tell me what is the big idea, m chusing Nanking ns Capital Im ngine Paris or London, Berlin or Washington flooded every 2 or 3 years. Would that def If the Capital of China is 10:haya millions of inhabitants, if it is to routain palaces and big administration buildings, please tell me what is the idea of putting it at Nanking

The Nationalists being people who ¿ want "to do things, everything that ir mado by them or under their control In A marvel Bọ this flood is a mar- vel and a record. The lord year before this wna 1001. They got 45 feet of water in that year. This your we got 45 feet and seven inches.

HONG KONG FLYING HONG KONG STOCK

CLUB.

NO INCREASE IN GOVT. SUBSIDY.

ANNUAL MEETING

YESTERDAY,

I have been "authorised to state, on behalf of the Government, that there will definitely be no increase in the amount of the Government subsidy.to.the Club."

These words, regretfully spoken by the Hon. Commander Hole, struck a peasimistic nato at th annual general meeting of the Hong Kong Flying Club, held in the Beard-room of Messrs Jardino Matheson and Co. yesterday after-

noon,

• The Chairman, Hon. Mr. W. E, L. Shenton, Wingcommodore of the Club, intimated that he bad

received the news of the Govern-

Being hard boiled to certain mont's decision only that morning degree, I wanted to antisly myself and asked the members of the com about the Tong chia pu tragedy.mittee to remain behind after the You remember that I told you in aceting, had concluded, to discuss my last letter that Teng chia pu the question. "Wo may decido," was taken by the Communists, he said, "to call an extraordinary looted, etc... Now I have got all general meeting of the members to the evidence, and, I tell you, it is discuss the future of the Flying more illuminating than I thought Club." at first.

fr, Jonkin: The order says that all concerned must appear, and my clients are very much concerned.

In answer to the Chief Justice as to why the presence of the two ap- plicants was desired, Mr. Jenkin said that he might have to see them for instructions when witnessed were called to give evidence. He had There are many soldiers at Lop- assumed that the applicants woulding, Yukan and Yukiang; 4000, at I present, hut Counsel agreed to Yin tan, many at Kwoiki, Iyang carry on without them in the mean- Hokow, etc... And the 10th Red time, as witnesses would not be Army has not mutes more than 2000. called at the early stage.

rifles, but they can do what they like in the country. Hear this one? Two or three hundred riflemen and 5000 spearmen lootel Hwang Kia Pu, a market place 23 down Yukiang, in the White territory, They passed the river and looted Tongchiapu to their heart con- tent. At last they went back to their Red nest, and during all that expedition they did not encoun- ter a single White soldier! That is some anti-Red campaign?

Called by Telephone, Mr Alabaster repeated that the request for the presence of the ap plicants should have been put for ward when the original application was made, adding: "I am here to show cause why they should not be here."

The Chief Justice: We think it desirable that the applicants should be here in case they desire to give instructions to Counsel. If you aré not prepared to produce them now we shall have to adjourn.

telephone, the applicants arrived Following arrangements made by at 3:18 pm, in the custody of the police. A the request of their Counsel, the Chief Justice directed the Court interpreter to explain to the applicants why they had been brought to Court,

|

Mr. Shenton's Speech.

commenced by the Chairman, who, The business of the meeting was

MARKET.

YESTERDAY'S TRANSAC-

TIONS.

WHITE SHIRT

SHIRT.COM

The Stock Market opened quiet. "

stridy, buyers still predominating for most stocks, the demand being' chiefly centred on Trams Hotels and Ropes. On the other hand, Cements weakened, to a selling rate

of $19.90.

Banks were done at 82,040. Unions with buyers at 8555 changed hands at this rate.

-Underwriters with sellers at 86.05 were reported to have rosulted in tales at 88.

est, but sellers word not disposed Steamboats found buyers offering

to trade under 828.

Bengusts advanced to $11 buyers.

improved rate of $184, but without Wharves were enquired for at the

inducing holders to soll.

at 82.70, and there were buyers at Providents (new) were negotinted

$2.00; the old shares finding buyers at 20.05.

11

Hotels (old) were in demand at $17,40, sellers asking $17.50, sales being recorded at $17.30. The new shares remained at Thursday's' quotations.

Lands were reported sales - at

VALUE

$4.95

in all sizes" 14" to 18" neck.

Our White Shirts for Day or Sports Wear at $4.85. sro real value. Made from a good quality Long-cloth that will withstand the hardest wear and washing, they will uphold Powell's reputation for quality and service.

Stocked for Day wear with Double Cuffs, and for Bporta Wear with Polo or Open Collata "with long or short Sleeves, in Cost of Pullover Stylen.

ATLAS"

WHITE POPLIN SHIRTS

5.

These need no introduction to our Hong Koug Clientele, Covering many years they have gained in popularity each season. Perhaps better known in the Tennis Styles they are now being shown for Day Wear as well, in Coat or Pullover Styles

They wash well and always look white and clean.

$8.50

$6.75

in all sizes from 14" to 18 neck.

"Bolma" and "Tremola" Poplins, White "Longcloth" in a very superior quality, and "Mercerised" Cotton will be found st this price, also White with White Stripes... They are all popular, lines with ma nhữ guaranteed, to give complète intisfaction. Tu every way.

Ewos appreciated slightly to Tis. Wm. POWELL, Ltd.

14.30 buyers and sales resulted at

in moving the adoption of the an-201.75, buyera being in the market nual reports and statement of ac-

at 301.50, and sellers wanting 802. counts, said: The position of the Club is dealt with at considerable the Flight Committee, the Chief this rate. detail in my report and those of Instructor and the Finance Com- mittee, but there are certain fur- ther matters of which I should like at Tis. 07. to inform members.

Shanghai Cctions had enquiries

Trams had sellers at $22.50, but In addition to the committers mittee consisting of Mr. A. Ritchie referred to we have a Finance Com-buyers were ready to deal at 821.25. Okina Lights were done at 826:40, Mr. H. G. Hegarty and Mr. M., H. with buyers willing to pay $28.30, Turner. I regret that by an over- sight this Committee did not ap-but sellers asked $20.50. pear on the page su question.

Although we have in commission-

fore the end of this year or the to-day only one machine, we hope to get two more' into the air be early spring of next. We have in. hand two engines, una belonging

Hong Kong Electrics had bayers at $81, but shares were not obtain able at this rate.

at 87.50 bayera.

Canton Ices were a shade higher

So if you are stationed in 'n White territory, how safe are you? These is a Catholic Priest nt through a thrilling experience! He Teng this pas he certainly went

was in bed when the Reds arrived. He simply took his breviary, jump

weakened slightly, and there were Cements, as already mentioned, ed over the wall and took refuge to H, A. A. and the other to sellers, at $19.00, but buyers declin- in a rattan shop, where he changi A B. The Club is in negotiationed to go beyond $10.50. Sales were his clothes. When the houses were

with the manufacturers for the pur-reported to have taken place. at Rearched, the spearmen tried to make him say that he was a White

chase of a new frank for H. Á ̈A., | 820.10.... Guard. He let them talk, and triedelnim in respect of H.A.B. willmand at 922.10, but shares were not and it is hoped thint oür insurance Hong Kong Ropes were in do- to look as stupid "as he could, took a basket and went to the mar ket to buy vegetables Of he was not seen again until the Reds had left the District.

In dealing with the case of Sung Man Cho, the male applicant, Mr. Alabaster" said that he WAS arrested on June 12 under a deten tion warrant dated the previous day, which warrant way effective for fourteen days. On the expira tion of that warrant on June 25, further detention warrants were issued at interval of seven days until the one on July 30, which ex- present case, Mr. Alabaster submit pired on August 0. The last, war-ted that the order for Sung Man rant was in force when the order Cho to leave by a particular boat nisi was made.

was quite proper.

Court Adjourned.

· Tha

An application was made August 10 by the solicitors for the applicants to the Superintendent of At 4.50 p.m., the question of azi Prisons, asking for copies of war adjournment was considered. rants issued. At that time the soli-Attorney Genera! said that it was citors were under the impression, convenient for him to stop at that that the last warrant had expired stage, or he could continue for an- and that the applicants were other hour when he would be in a legally detained, hut in fact a fur-position to say how much longer ther warrant had been issued on time would be required to close his August 6, which was due to expire arguments.

Asked for his views, Mr. Jenkin on August 12. A copy of this war- rant had been sent to the solicitors said that, the learned Attorney Mr. Alabaster said that at no time General had more than once thrown were the applicants detained without a pointed hint that although the out a warrant being in force.

order made by the Government was under consideration, the power to summarily deport the applicants

give us suficient money to provide a new frame for H.A.I.

Land plane policy our hours of Since we have turned over to the

flying have argely increased; in May we did 15 hours, in June 30 hours, in July-in spite of 11 non- flying days-we did 57 hours. Position in Other Parts of Empire. I would now like to say a few. not words on subsidies, as I do think the position in other parte of the Empire is understood.

forthcoming.

...

Dairy Farms were dealt in, að 832 as, buyers offering 832.75.

Watsons were firmer at $10.40 buyers, sales having to be reported at $18,50.

Constructions receded at. 818.30, nominal.

"

Afternoon's Transactions...

On rosumption of business in the afternoon, the tone of the market was quietly steady with, no "out- standing features, the changes being as follows:-

In England the position in the early stages of the movement was

Cantons changed hands of 81,550. that each club received a bonus of £50 per member, plus 21 for every

Underwriters had sellers at 80, flying hour flown by the Club mn-but buyers were not in evidence.

Douglases were in demand at 893, chince. At the present time a club gets up to £2,000 per annum, gov. but holders were not attracted by ornet by the number of "A" Heen-the rate. res obtained during the year, plus

/ per hour of flying.,

Points to Remember. " doubt very much if it is generally In conclusion may I say that I

realised:

2

Hotels (old) were dealt in at $17.50, but buyers still prevailed at this figure, The new shares had buyers at the improved quotation of $17, but holders held aloof.

Lands were reported sales at Humphreys (old) were again denit in at the morning quotation-822.

Ewos advanced to a buying rate

attracted.

$91.75.

+.

Star Ferries were done, at $94, buyers still prepared to go on at the rate.

Mr. Jenkin attacked the proceed ings so far on the ground that the arrests had been illegal, that a warrant for further detention made by His Excellency the Governor was

In Singapore, the Flying Club wholly bad because it was issued too

receive an annual subsidy of Sts, late, and that an interrogating

820,000, a further subsidy for the officer had execeded his duty in his

Instructor's salary of Sts. 85,000, questioning and had not asked the To be Deported on Tuesday.

and a special subsidy for "A" girt whether she had any witnesses - On August 12, continued the was still open to the Government, licences which for last year was w not. Also, both the man and Attorney General, an order was it was a threat that, whatever the Sts: $10,000. They were fortunate woman were denied legal assistance served deporting the applicant, Governer 'might make a summary Brooks cf Sarawak of a new Gipy of 814.00. but without shares being

result of these proceedings, then receiving a gift from Rajah From the time of their arrest, June Sung Man Cho, for a period of ten order for deportation.

engine, floats and spares. G, until June 23, this being direct-years, and on it was endorsed an ly contrary to Prison Regulations.

"If the learned Attorney General order by the Govarrior, under the will line up with the Attorney At that hearing the Chief Justice hand of the Private Secretary, reGeneral in England, it does not made an order calling upon the quiring the applicant to leave the matter when this case is finished,“ Superintendent of Prisons to show Colony by a certain ship scheduled aid Mr. Jonkin. He continued cause why a writ of habeas corpus

to sail on August 18. The vessel that if the Attorney General did should not be lasted, at the same was the a.. Angers, said the Attar not withdraw the threat, he (Mr. time making it clear that the state-ney General, when requested by Jenkin) would have to ask their ments made in Court were to be Mr. Jenkin. trented as ex parte statements.

Lordshipa to protect the applicants To the case of the female apy making the order ablute. At yesterday's henring, Mr. Eplicant, the Attorney General said C. Jenkin, together with Mr. A. M.that the facts were similar. A dethe order, Sung Man Cho was dus Counsel further said that under I. Soares, appeared for, the two portation order was also made into leave the Colony next Tuesday.. applicants, the instructing solicitor her case, but there was no ender and there should be an assurance wing Mr. H. Loseby, of Messrs.ment that she should embark that the Crown would hold their Runs & Company Mr. C. G. Als any particular ship. The applicant hand until the validity of the order neter, K.C., the Attorney General, had stated that she desired to go was decided. He asked what the appeared for the Crown. There to Nanking, where she had re- were also present Mr. Somerset Intives and it was passible that procedure would be if the case was Fitzroy (Assistant Attorney Gen-she would sail for the Worth Hot finished by Tuesday, the 'day'

Bofore proceeding_to_den_with ordered for deportation. the law on the question of deporta- The Chief Justice agreed that the Counsel's Request Refused. tion, the Attorney General said that *pplicant could not be sent away. wished to make a distinction inch the day if the case was not

eral), and Mr. J. W. Franks <Superintendent of Prisons).

45

the term subject where it oceyi red in the phrase "liberty of the subject," in order to prevent a loose

K

19

nished.

To be Continued Today,

In reply to the Chief Justice, the

At the outset, Mr. Jenkin said that he would draw their Lordships abtelion to the fact that the ap. plicans were not present in Court, He, lind, asked that the two persons use of the term, explaining that a Attorney General pointed out his subject may be a British subject difficuity because he was not the be brought to Court, but the Attor- ney General had refused his requeat, an alien who is subject to the person who made the order. After Counsel pointed ant that the former laws, prevailing in the country some discussion, the Attorney Gen. Chief Justice, Sir Henry Callan, where he is found..

{eral said that in the event, of the had laid it down that in, a case Mr. Alabaster went on to say case not being finished by Tuesday, where application had been made that in making the order for de he would arrange to hold the ap for an order niti, the persons in portation, the Governor hind power plicants in the Colony until judg- terested should be present.

under the law to state the ship by ment was delivered by their Lord- Mt. A phaster, porting out that which the deported. person should ships in the present application. he had only heard this request leave the Colony. In the case of a After a brief recess, Mr. Alabas- anide five minutes before, said that person against whom there had been ter proceeded to deal with the the form of the application was such extradition proceedings, and who affidavits and correspondence con that the presence of the two up had been acquitted, there was no corned in the case. At 0 p.m. the. lisania was not required. If the power to make such an order if the Court adjourned until 11.30am other side acaired their presence, deportee was likely to touch at the liis morning, their Lordships în- they could have and so when the territory of the Government which disating that they were prepared to application was made a fortnight had sought extradition. In the carry on with the case in the after- Sofore and it could have been in-.. (Continued on next Qolunu.)

noon.

(a) How useful in cas of emergency the Flying Chun ean:be

(b) How important aviation is going to be, to the future of Hong Kong, not only com- mercially but as a defence force.w!

(e) That the Club is the best possible advertier of British air-craft.

Trams had sellers at $22.10, but buyers were unwilling to go higher than 821.70.

nere negotiated at 88140, buyers coming forward with, a shade less-881.23.

Electrica

J

Cements (combined) were firmer with buyers offering $10.00, but there were transactions at the rate.

Ropes, had sellers, at 829, but no business resulted,

24

(d) That the Club is only: in its

initial stage and, with the The movement was seconded by completion of the aerodrome Mr. R. Foster and was carried and the hangar, the organiga unanimously.... lion will comu on to a much The decision of the Government more effective basis. The in the matter of the subsidy was happy relations which at then communicated to the mesting. present exist between the by the Hon. Commander. Hole, and Royal Air Force and our the Chairman replied as stated. Club should make possible, a

Election of Oracers, working arrangement, simi. Omeurs for the ensuing year were lar to that in operation with elected as follows: General Com the Singapore Flying. Club mittea: Lieut, Col; L. G. Bird, whereby the Club appears p.8.0., Mr. C, D, Lambert, Mr. to be largely under the A. G. I. Moss, Mr. R. Foster, Mr. Wing of the RAF., and that Choo and Mr. R. Leo: all over the Empire it is.

Captain of the Club: Dr. Farr. realised how important ava

Mr. M. W. Turner was elected. tion is, and how necessary it auditor, and, in the absence of any is by subsidies and other as other nomination, was empowered sistance to encourage the to obtain assistance of his own des study of the science and the cord in carrying out the duties of practice of the art It in his office.

equally well realise that as That concluded the business of a private hobby it is beyond the meeting, and, as requested by the purse of younger the Chairmen the members of the generation, on whose should committee remained behind to dis- era the responsibility for the cuss the situation cronted by the future mainly rests.

refusal of the Government to in- (Vontinued at foot of next column.)crease the amount of the subsidy.

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