1931-09-12 — Page 7

IN MEMORIAM.

KWONGSANG, TRAGEDY RECALLED,

IMPRESSIVE SERVICE AT ST. JOHN'S CATHEDRAL.

Let us thank God for the bourage and devotion to duty of the master, Officers and crew of the-8.5. "Kwongsang", and for the happy memories that so many of us have of friendship and brotherhood with them and with those others who in com. pany with them passed to the fuller life beyond the vell." ** With these simple words the Ror.

HAINAN NEWS:

SMUGGLERS AND LEPERS.

[FROM OUR OWN CORRESPONDENT:]

Hotнow, Supt. 3.

On the night of the 2nd instant the Holbow. Customs authorities caught two junks smuggling kero-

HONG KONG DAILY PRESS, SATURDAY, SEPTEMBER 12, 1931.

DEPORTATION CASE. but afterwards, denied it It is HONG KONG STOCK

· DECISION AGAINST THE APPLICANT.

APPEAL TO PRIVY COUNCIL

INDICATED.

obvious that this... grave, mistake may have heavily weighted the casp against the applicant."...

His Lordship thought it could ba properly said that that His Ex calloncy the Governor woulu al ways be ready to reconsider any deportation order if it were point, ed out to him that the evidence

MARKET.

YESTERDAY'S TRANSAC

TIONS.

Prices yesterday morning were slightly lower thun, Thursday's, at

བལ 8580

Cantona were in demand at $1,830.

A docision against Bung Mar Previously submitted to him was which there are buyors sero into the port. The incident Cho, alleged revolutionary fondo untrue and mie.eading on an unions were the mediuin of sales occurred about midnight in a down.guinst the French Government of Portant point. His need searcoly Indo-China, whose deportation sy that the Governer was the sale has been ordered by a stated judge as to the proper decision on ship, was given by the Full Court Any such reconsideration, should it

take place composed of the Chief Justice (Sir

Order Not A Shams." Joseph Kemp), and the noting Puisto Judge (Mr. Justice Lind.

Mr. Jenkin also argued that the all yesterday, when their Lord- ships held that the second deporta deportation order was a sham, in tion order must stand that, under the olcak of deporta- tion, the Executive was attempt.

pour of rain in the region of Pask Sa Moon. The boatmen were 30m- plately taken by surprise and make no attempt to get away with the The two junks wore of goods, medium size and carried 703 tins of kerosene besides several large boxes GT. Waldegrave invoked the of matches and automobile tyres, prayers of the large congregation! The following day, both junks and who had gathered in St. John's cargo were sold at public auction

rial service to the officers and crow

Mr. F. Jonkin, who, toge

Cathedral last night at the memo to the highest bidder, the total pro(instructed by Mr. F. H. Loschy of the 8. Kwongsang, which ceads amounting to approximately foundered in the recent typhoon four thousand tacks. north of Foochow

-

Then, with the congregation kneeling, the minister continued:- We commend unto thy hands of

Gorman Balenting Returns to Hothow.

offence of a political character, ther with Mr. A. M. L. Sonrasing to surrender the applicant to the French authorities for dan

that even if the deportation was itself valid because such duplicity was not disclosed on "its face, the

of Mears. Russ and Company) had argued on behalf of the applicant in the lengthy habeas corpus pro coedings, immediately after the. Judgment stated that he had a no tice of motion rondy for leave to appeal to the Privy Council.

The Judgment.

In the course of a lengthy writ. tez judgment, the Chief Justice said:-One, ground on which the second deportation order was a tacked was that, with certain im material exceptions, the Governor in Council has power to make

H.E. Fires nere wanted at $1,470. Wharves after sales at 165 and 8105), could have been obtained at $180.

Providenta (old) wore in demand at $8.20, but sellers wore 86.40,

Hotels (old), which were done at and 817, wore in demand at 8101, there were sellors seeking the form- er rate. The new shares could have been obtained at 816.40.

Roalties, which were disposed of

the first named rate.

Lands

changed hands at F01, but at the close there were buyers at this quotation,

BOMK

were

ship orders at least ware invalid at 8171, and $17.40, had buyer's at and masked an illegality, and. that the Court could prevent such 6 misuse of Executive, power,

In the present caso, said: his

in request at Tla. 154. Lordship, they could not possibly

Trams were wanted at $221. regard the order as a shame

Star Ferries, after being reported they would require very clear evi dence for that purpose. The eviles at 805), had buyers at $95, dence pointed to the conuruszon China Lights, which were in de that a deportation order was a perfectly genuine one, dictated by bought at 830.

mercy, most merciful Father, the Dr. H. Stübel, German ethnolos souls of those our brethren depart gist, and his associates, who have ed. And we beseech thing infinite spent several wicks in the interior goodness to give us grace to live in thy fear and love and to die of Hainan, returned safely to Hoi- in thy favour, that when the judge how on the 5th inst. They report ment shall come which thou hast a successful expedition. Dr. Stübel Kommitted to thy well-beloved Son, regretted that the time was so short. both these our brethren and we may be found acceptable in thy sight and expressed the hope of making Grast this, merciful Father, for another trip sometime in the future the sake of Jesus Christ, our only One whole week was spent in a vil Saviour, Mediator, and Advocate.lage in the Paak Sa Tung. These Amen.

people have scarcely been touched Grant, O Lord, that keeping in by the outside world and conditions glad remembrance those who have of life are of a most primitive na only one deportation order against the policy of the Deportation Or Gements (combined) were wanted gone before, who have stood by ture. The party succeeded in soour- and helped us, who have cheered us ing some splendid pictures as well by their sympathy and strengthened any typical specimens of objects ds by their example, we may seizo used by the Loi. With the excop every opportunity of life and retion of sunburns and slight infec joice in the promise of a glorious re-tions from leeches the party felt surrection with them, through Jeaua

Christ our Lord Amen.

"

none the worse for the trip.

O God before whose face" the Lapor Home Project Materialiega. generations rise and pass away, the

kurma strength of those who labour and As a result of the successful begin- suffer, and the repose of the holy ning made in the raising of funds and blessed dead, we rejoice in the for the new Leper Home, a com communion of the Saints. We re-munity meeting was held in the Hui member all who have faithfully Ai Hospital on the 2nd of this lived and died to the performance month to consider methods of prous of their duty, especially these our dure. An administrative board of brethren who have been taken from elevon members was elected to have among us. Lift us unto thy light charge of the work. Col. Chan Tsik and love; give us at last our por and the local Magistrate, Chan tion with those who have trusted Ming Tung, aro" members of this in thee and striven in all things to board. An ideat location for this do thy boly will. And unto thy purpose has been provided by the namo, with the Church on earth and Government. It is estimated that the Church in Heaven, bo all there are over five hundred lepars honour and glory, world without in. Hainan and it is hoped that in the future the institution will ex- nand sufficiently to include them all. Thora has been an enthusiastic res ponse on the part of all classes which is a great help in carrying out the work.

end. Amen.

"In peril on the "Bes,"

It was Atting that the last hymn af the service should be that which has been dedicated to, those who "go down to the sea in ships." Eternal Father, strong to save. Whose arm hath bound the restless

wavu,

Who bidd'st the mighty ocean deep Its own appointed limits keep:

O bear us when we cry to Thep For those in peril on the sea. Christ, Whose voice the waters.

heard And hush'd their raging at Thy

word,

Who walkedet on the foaming deep,

POPULAR POLICE OFFICER

LEAVING TO-DAY.

"PAT" CONDON INVALIDED

OUT OF THE FORCE,

dinance.

bt dene."

The

mand at $291, could have been

at $20.10.

Ropes could have been, had at $211

and at $201, and the "A" and China Lights, which were in de

"B" shares were also wanted at. Governor's powers under Section, respectively, 8 were clear, and we are not the. judges of how he should use them,"

Constructions (eum rights) could have been obtained at $141, and the Tights were wanted at 81.40.

Afternoon Transactiona.

any person and is functus officic when he has made one, and an Again, there was no evidence other ground was that there can that the deportation order, includ not be two deportation orders ing the ship orders endorsed upon against the same person in exis-it was to be used to enable some tengo at the same time. I do not illegal, act to. agree. My reasops aro:~ a

(a) No authority was cited for the propositions,

(b) Thora can be several write of oxecution in force against a

Unlawful custody made "Good,"

At the afternoon session prices person at the same time, and there may be a simultaneous arrest au-

Roferring to the Crown's stand wore unchanged, with a fair amount der all. There may also be a con- on Section B of the Deportation of business transacted:" cirrent committal warrant.

Ordinance, by which it was alleg. Banks were again în demand at Why

ed that this section rendered any $2,040. may there not be concurrent de portation orders

previous illegal.

1. custody, legal, his H. K. Fizes were in request at

thought, he had come to the con- Lordship said that, after anxious $1,475.

clusion that the section did have the effect of opaverting a previous unlawful custody into a lawful custody upon and from service of a valid deportation order.

was invalid, and a nullity, and (e) The first-urder in this case

the Court had clearly indicated that view before the second order was made.

(d) Section 4b of the Ordinance seems in any case to conclude the question, for I think that "pro- cocdings there includes "order,"

Validity of Besond Order, The second deportation, order was also attacked on the ground that the summary order was ad. mittedly made from an extraneous motive, ie, to supply the place of long procedure order which was

Providents (old) were wanted at 6.23.

Hotels (old), after being done at 817, were wanted at this rate at the close.

Ewos. were in demand at Tist 15.30.

Trams changed hands at $22.70. Electrics could have been placed at 8831-

Referring to one of two points of practice, his. Lordship said he thought it very desirable that offl cers who had to interview under Section 3 (a), parsons who had Dements were in demand at been detained with a view to de$22.30. portation, should receive instruc- Dairy Farms, were the medium of

sales at $331. tions as to their powers and du-Watson could have been obtained ties under the Ordinance.

at $17.

Constructions (cum rights) 'could need for great care and strict ad-

wore in demand at $14.

Jho

And calm amid the storm didst of the Police who is being invalided obviously invalid, and that this berence to legal powers in deporti have been had at $14.15. The rights

"

sleop;

O hear us when we cry to Thee For those in peril on the sen O Holy Spirit,. Who didst brood' Upon the waters dark and rude, And bid their angry tumult cease, And give, for wild confusion,

peach;

O hear us when we cry to Thee For those in peril on the sea. Trinity of love and power, Our brethren shield in danger's

hour;

From rock and tempest, fire and

too,

Protect them wheresoe'er they Thus evermore shall rise

Thee.

go

to

Gind hymns of praise from land

and sea.

Those Fresant, ka

When the P. & O. 8.8. Cathay away with her Sergt. P. J. Condon sails for Home to-day, she will take

out of the Force following a long spall of illness. This will be learnt with much regret by the wide circie of friends of "Pat" Condon who in the course of his career as a police officer here has made himself extremely popular. The name of Condon, in fact, is one with which to conjure up all that the Police Fores have performed in the realin of aporta, for "Pat," is not only a keen boxer but is also an excellent fouthaller, a cricketor, tennis-player and bowls player..

was an abuse of the power con ferred by the sub-section.

tion cases was always greater be. cause the tribunal was secret, and much of the proosedings were hid The Chief Justice said he did den, even from the accused per cive to the public good that this not agree. He thought the moon

refused.

Lo

POSEIDON FUND.

LOCAL SUBSCRIBERS

THANKED.

Warm expressions of gratitude to. all who subscribed to the Posci- don Disaster Fund inaugurated by the Hongkong branch of the Navy League are contained in a resolu- tion passed at a moeting of the Central Committed of the Royal Naval Benevolent Trust, to which the funds were handed for distri-

The General Secretary of the

His Lordship then declared that we must assume, at least until the the order nisi addressed to the contrary is proved, that the Gov- Superintendent of Prisons would ernor-in-Council thought it condu- be discharged, and application for cive to the public good that this order nisi addressed to the Ins applicant should not remain in the pector General of Police would be Colony, and the assumption is a son, joined the Police Force on July in Council thought the

Mr. Condon, a native of Batter very natural one if the Governor

Mr. Justice Lindsell, in abrics written judgment, concurred with main the finding of the Chief Justice. 12, 1919, at the age of 23. le charge proved,”

Appeal to Privy Council, August, 1927, in addition to quali was also attacked on the ground notice of motion, ready to be filed secured his First-Aid Badge in The recoad deportation" order · Mr. Jenkin "then said he had a fying na a machine gunner and drill that it was not made at a dully for an application forcave instructor and motor-driver. The service, which throughout was distinguished himself two years of thin Governor-in-Coaucif." The pointed out that under the Privy He convened or constituted meeting appeal to the Privy Council. He most solemn and impressive, was later on the occasion of the Po facts were that the Executive Council rules, if the notice conducted by the Rev. G. T. Walde Hing Fong disaster and during the Council, in full Council, condi quired were given, the earliest grave, assisted by the Rev. H. V succeeding strike period, he was tionally advised on August 12 that date would be Friday, the 18th, Koop, the Rev. W. Walton Rogers, commended by H.E, the Governor (1)(c) if the order. and the Rev. A. A. Armstrong.

H. E. the Governor was repro-at the annual Police Inspection. An order should be made under ul either to waive the notice, crmously at the 29th Meeting of the sented by his A.D.0. Captain T.A. His last station was Yaumati, H. Coltman. Others present were whence he went into hospital last Bajor General J. W. Sandilands, month on the recurrence of an id Conamodore Walker, R. N., Hon, trouble; Commander G. F. Hole, I N., Pay. Commander Grace, R. N. Captain Cameron and Captain LA. T.

Thorp

Hon. Mr. WT. Southern, Hon. Mr. H. 1. Creasy, Hon.

C. Walfe, Hon Mr. C. G. Mackie, Hon, Mr. J. J. Paterson, and the Hon. Mr. Taylor.

were Mrs Potter. Mr. and Mrs.

A. B. Stewart, Mr. and Mrs. R. Gordon, Mr. A. H. White, Mr. E.

cretary of the local branch of the Trust, in a letter of the Hon. Se Navy League, states.

·To "I have much pleasure in for- warding to you the following rese under but he asked the Attorney Gener. Jution which was carried unani-

section 3 (2) proved invalid. if he did not or could not, then Central Committee (24th July.

Governor the Sola Judge.

to give an undertaking that Sung Man cho would not be deported until the motion had been heard, The Governor actually made the the present order being for next order on the August 15 This Tuesday of the Governor-in-Council is the the notice and their Lordships des behalf of the Petty Officers, Non- seems to me August 15. This ect. Mr. Alabaster agreed to waive

act of the Executive Council. It morning at 11:30 so as to dispose But of the Governor and not the cided to hear the application this

F. Aucott, Capt. D. Skinner, Capt. he who makes the order, after of it before the present order ex

D. R. Kilbee, Mr. N. L. H. Bail ton, Mr. A. Murdoch and Mr. Ho Leung (compradore).

..."

Mekara, JD. Danby, J. Thayer

taking the advice of the Council, pires. but not necessarily in accordance with that advice.

Question of Costs.

1931) in connexion with the con

ribution of £2,834 38. 34. raised by the Hongkong branch of the Navy League:

That tho Central Committee of the Royal Naval Benevolent Trust,

His Majesty's Navy expresses Commissioned Offers and Men of heartfelt gratiturs to all who contributed towards the following. generous gifts entrusted to is for The Indo-Chinn Company was re-

the benefit of the widows and de- presented by Mr. and Mrs. W. Sanand FW. James, of Messrs. But the second deportation order rals Giving

pendente; of ratinge who lost, their derson, Mr. Annette, M. W. Law terfield and wire, were also pre-ed by Mr. Jenkin (n) that evi- the question of opsts as relating to sunk on the 9th June, 1031-Sub- jirdgment on lives when H.M.8. Poseidon was 600, Mr. A. C. Wilcox, Capt 8. O sout Mitford, (8. Fooshing), Capt. Other notloed-among-the-congre--and (u) on one place of mintead-niece, who was discharged, when the the League, 42, Samedi b dence was improperly admitted the case of Li Sam, applicant'a scribed by the Hongkong branch of Middenway, and Mr. and Mrs. G. gation wore Capt. T. T. Lourensen ing and untrue ovidence on an im court held the order in her case scription raised.. by ~ North Ching My Nelson the mourné 5.6.C., Mr M F. Key (represent portant point, the Chief: Justlos to be bad, the Chief Justice said. Daily News, Shanghai, 23,440

noluded among the mourners was ing the Hong Kong General Cham said he thought the first objection ha did not think they could give d Mr. J. H. Ruttonjet together with ber of Commerce), Mr. JH. Little, failed, but the second object is costs against the Superintendentam roquested by my.Com other relatives of Mr. Shroc, who Mr. GE, Mitchell and Mr. P 8 more serious of Prisons ever asuming they mittes to ask that, if possible, you lost his life in the disaster. Camidy The questions and answers had pawes to do so, peint, which will convey this resolution and sin

Among those parent from Mestre, Jardine Matheson and Company nayal parties frota warships in har appileant at first admitted that Judge Concurred wif

In addition there were large erroneously represented that the he wished to reserves The Putne rere thanks of the Royal Naval Benevolant Trust, as farna" "pon< (Continued at foot of next column), "bour,

his name was Nguyen A Quoc,sion/

sible, to the individual subscribera

Referring to other objections to

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