1931-09-14 — Page 7

HONG KONG DAILY PRESS. MONDAY, SEPTEMBER 14, 1931.

PRIVY COUNCIL APPEAL. BRUTAL MURDER AT HONG KONG STOCK MR. F. C. JENKIN, K.C.

LEAVE GIVEN IN DEPORTATION CASE.

RECORD OF CASE TO BE SENT HOME WITHIN THREE MONTHS.

Leave to appeal to the Privy Council, subject to certain condi tions, was given by the Full Court on Saturday, when Mr F. C. Jenkin, K C., counsel for Sung Man Cho,,, alleged revolu- tionary leador against the French Government of Indo-China, whose deportation to" that territory is being resisted, submitted! eight points which he thought should receive the consideration of His Majesty in Council,

The application came for hearing before the Chief Justice (Sir Joseph Kemp) and the acting Puisne Judge (Mr. Justice Lindeal!), whose decision given on the previous day uphold the Government in fasting the second order for the deportation of the applicant.

KOWLOON CITY.

WOMAN HACKED TO DEATH WITH CHOPPER.

GRUESOME DISCOVERY BY AIRCRAFTSMAN,

One of the ghastliest murders

MARKET.

SATURDAY'S TRANSAC

TIONS,

The market was steady on Satur day morning, with utilities in gen oral demand and Whampoa Docks coming into prominence at $28 buyers,

ever committed in the Colony was discovered by chance on Saturday evening, when Leading Aircrafts-" man Collins, R.A.F., whilst taking a stroll in the vicinity of Sung Wong Toi (Sacred) Hill, found the hacked corpse of a Chinese woman" noar tho cement path leading to the summit. The age

the woman appeared to

WELL-DESERVED

HONOUR.

A notification to the effect that Mr. F. C. Jenkin, the well-known local Barrister-at-law, has been ap painted one of His Majesty's Coun- sel for Hong Kong, appears in the current issue of the Gazette,

Mr Jonkin As the recipient "Banks were done at $2,040.

of congratulatione from the Chief Hong Kong Fires were wanted at Justice, Sir Joseph Kemp, K.C., and the slightly increased rate of $1,480. Mr. Justice Lindsell; sitting with Bangusts, after being done at him, before the opening of the $11.30, were in donland at $11. Supreme Court hearing on Satur Wharves could have been obtain-day. In addition, Mr. Jenkid's legn od at $105.

colleagues, as well as members of Whampoa Docks, after an extend the Press, added their good wishes, bo between thirty and forty years,ed period of quietness, came into and to Mr. Jenkin's large circle of and she was evidently of the middle demand at 28. dr ruta

friends the honour conferred upon Providants (old), which were done him has been received with the at $61, were wanted at 86.30. utmost satisfaction..

$16.40, and at this rate they closed Hotels (new), changed hands t

in demand.

APPEAL BECAUSE OF SHIPPING ORDER. alasa

Mr. Jenking in making the ap. plication for provisional leave to appoal under Rule of the Privy Council Rules, said that the ap plicant had a right to appeal to the Privy Council if either direct ly or indirectly some civil right amounting to and of the value of 35,000, or upwards was involved.

He also might appear by, leave given by this Court, in the exer- cise of its discretion, if the Court was satisfied that the question in- volved was one by reason "of sta. great general or public import. i' Ance ought to be submitted to him! Majošty."

CH

Mr. Jenkin argued first the point that he (his client) was en- titled by right to appeal to the Crown that a civil right, which was applicant's right to his liber- ty, was directly or indirectly in volved in the appeal, and that right was of the value of $5,000 to applicant, who had boon de- prived of his liberty Since Juno laat.

"

Points for Consideration. Submitting a memorandum con taining eight points for considora. tion, Mr. Jenkin urged that the matter was one of great public importance, and ought to be sun mitted to His Majesty. The fol lowing were the points:

Most terrible wounds had been in ficted, there being deep gashes on the face and body, all of an "ox- tremely savage and brutal nature,

struction fail to solve, the beucht of the doubt should be given to the subject and against the Legislature. which new and evidently sharp chopper, has failed to explain itself. the blade of which was ameared with (7) That, in order to be invalid blood, was found only iteen yards on the ground of repugnancy away from the scene of the primo, to the Extradition Acts, it is not essential that a provi- and it is believed that this was the afon of the Deportation Or-instrument with which the murder dinances should be one ez was committed. pressly providing machinery for the surrender of a poli- tical refugee, but that it is sufficient if such provision or otherwise, such a surren der.

ourts

(8) That the principle that

man, may not suffer a second arrest for substantially the cause as that upon which he has been discharg ed upon Habeas Corpus, cannot be held inapplicable by the fact that the two ar rests, although for precisely or euistantially the Bamo cause, were carried out by virtue of different powers or under different systems of procodüre.

Lands were wanted at $91.

done at $17.30 and $17.35, closed Realties, which were reported

with buyers at 817

zange, Cornwall, and he first came Mr. Jenkin is a native of Pen-

to the Colony in 1912, being admit- ted to practise at the Hong Kong then Chief Justice, in July of that Bar by Sir William Rees Davies,

year. Since then he has won a were wanted ni Tis. 15.30. high reputation locally as a barris- Trains werd

ers wanted nf 322), aster, both in criminal and civil wero Peak Trams (oli) at 8144, and causes, his marked abilities a8 0 the new shares at 96.35, Star Ferries pleader bringing him much success. at $96, Yanmati Ferries at 996).

China Lights at 8201, with sellers of the latter asking $30. Electrica and Telephones (part paid) were in could have been obtained at 883,

Robbery Not the Motive. It would appear that robbery was not the motive for the crime, for when the corpse was examined where it lay a certain amount of jewellery, including cur-rings act with pearls and a jade bangle, was demand at 8361 found untouched. A pair of slip, pers, supposedly those of the undone at 201, could have been Cements (combined), which were fortunate woman, were also found, bought at this rate, but buyers did wrapped in a blood stained hund not go higher than $20.10 at the kerchief.

close,

Watsons bad sellers at $17, but they closed in demand at $10.00.

Construction Eights were in de- mand at 89-

Immediately after Aircraftsman Collins made his discovery ho in- formed the police as the Kowloon City station, and a party of police officers were soon on the scene. It SINCERE CO. SUMMONED. is understood that there were no finger prints on the chopper, and that no clues of any kind were

"A Fine Gesture." Before closing his address, Mr. Jenkin said he would like to make one final remark, and that being lodged obviously because of was that the prment appeal was. (1) That on the one hand there der, and because of the insistones the identity of the person or persons the existence of the Shipping Or. found. The police have no idea of existe ample evidence upon of the Government in not only who were responsible for the mur. which the Court should hold deporting applicant, but sending der, which incidentally seems to that the proceedinga conati-him back to Indo-China, tute an abuse of executive

have been committed on the same power calbag for judicia "I should like to add this, tant evening that the body was found. interference by an order of Your Lordships have found that discharge or otherwise.......

It will be recalled that the last this was a genuine exercise of the murder bearing any similarity to this That the sworn evidence of powers conferred by the Deporta-one was committed on May 24, 1930, the applicant, (unchallenged, tion Ordinance, and I suggest when five wea were hacked to death by cross-examination or evi- with great respect to the Exeep when asleep on the premises of the dence or al All by the Crown) tive here that if they claim it was Hang Tak Bank that the ole object of genuino exercise of powers, as Government in taking these they do, and their only motive proceedings is to secure his was to get applicant out of the surrender to the French Au- Colony, it would be a fine gesture thorities for political indeed if the Executive would not offence punishable by death.

make any shipping order at all,

4

such evidenes is conclusi and not insist upon his returning upon the point that the Deto Indo-China, but let him get portation Orders are Shaw Orders making judicial in terference imperative.

(3) That on the other hand there is an entire absence of any eridence whatsoever justify, ing the conclusion come to that the Deportation Order is a perfectly genuine one dictated by the policy of the Deportation Ordinance.

GOVERNMENT HOUSE.

out of the Colony by his own LAST WEEK'S ACTIVITIES. means"

Attorney-General'a Viowe,

SUNDAY, Sept." 0.

His Excellency the Governor and Lady Peel, accompanied by M., G. W. A Tufton (Private Secretary) dined with His Excel- mcy Major-General Sandilands at Flagstaff Hour TUESDAY, Sept. 8.

The Attorney General (the Hon. Mr. C. G. Alabaster, K.C.), 10 opposing the application, sald that due attention had not been given to the wording of the Rule regarding the first graund of ap peal. Ho contended that the (4) That it being established or only existed when the matter in and Lady Peel attended the Swim- right of appeal on this gicund His Excellency the Governor admitted that the evidence dispute on the appeal was ofming Gala organized by the Minis placed before the Governor and the Executive Council certain specified amount.

tering Children's Langue in aid of for the purpose of, a decision On the second point, Mr. Alabas the funds of the League. Leay embodied material of great ter said that applicant's libertyPal distributed the prizes, import if true, but which in was in terms of the rule. fact was false, the corroci had been laid down by a case,

They WEDNESDAY, Sept. u." view should be that, in the Long Kee and Ng Wai, in the absence of evidence by the Colony in 1907. Any general dia Crown that the falsity was eretion of the Court to allow leavs known and accordingly the to appeal was limited to the fan matter excluded from con- guage of the Privy Council rule sideration, the decision to "I submit that none of the points mentioned, are sufficient to justify the case being submitted to the Privy Council," he said, "The Privy Council only acta in cases where there has been a mani fest doparture from justice, and in similar circumstances laid down. This is not such a crise. Sir Willian Hornell arrived at There is no right of asylum for Mountain Lodge.

make the Deportation Order was thereby improperly in fluenced and obtained, and is

invalid.

That, it being admitted that the second Order was made with an extraneous knotive, anmely, to get over an ad vorae ruling of the Court as to the validity of the First Order, the making of such

AN ALLEGED LOTTERY,

E. H. Williams on Baturday," Mr. At Central Magistracy before Mr. Hin Shing Lo appeared to answer a summons on behalf of Messrs. Sincers Co., in 'connection with the firm's recent announcement of a free day's sale.

The summons was to the effect that the defendants" had printed or published an annoucement relating to a lottery, contrary to Section 0 Sub-section 2, of the Gambling Ordi nance."

During the war, Mr. Jenkin was in charge of the Police Reserve, a Force of about 600 strong. His on

to the high state of efficiency which thusiasm in this work was largely responsible for bringing the Force it attained and in recognition of his CB.E. decoration in 1918. He is services he was honoured with the also an Unofficial Justice of the Peace.

GIANT FRENCH SUBMARINE.

NEW VESSEL THE WORLD'S MOST POWERFUL.

MOUNTS TWO FIGHTING GUNS.

Paris, Sent 7-The most power. ful submarine in the world 18 tho Surcouf. The French naval au thorities alone among the leading Powers favour submarines which, they say, would enable them to do fend their consts if over France was blockaded.

The Surcouf was launched in November, 1029. She is of ravoin Mr. Worship informed, Mr. Letionary design, She has a dis- that Mr. H. Somereet Fitzroy, whe placement of 2,880 tona on" the would be for the Crown, was ongag surface and 4,300 tona submerged. ed at the Supreme Court but had The displacement of the other big indicated that he would be prepared French submarines is 1,365 on the to proceed on Thursday, September, surface and 2,020 submerged. The 17, in the afternoon. He asked Mr. Surcouf is much more powerful. Lo if the date was convenient.

world. She is the only one to than any other submarine in the mount 8-inch guns, of which she has two, and she has fourteen 21. inch torpedo tubes, She is reput od to be able to travel 10.000 sen. miles at 10 knots, without refuel-

Mr. Lo replied that the dato suit ed him and added that although the case looked simple it involved an important question, of principle.

The hearing was accordingly fixed for Thursday afternoon at 2.18 p.m.

"

AMBULANCE CHARGES.

FEES FOR REMOVAL OF PATIENTS.

It is notified in the Gazette. that the following charges are payable for the removal of a patient in an His Excellency the Governor ambulance to or from any private and. Lady Peel gave

small in-hospital or private residence ner party at: Repulse Bay Hotel By motor ambulance:-(a) Inside H.E. Major-General Sandilands, ou, and New Kowloon, ; (b) The "following were the quests: the boundaries of Victoria Kow- the Hon. Mr. and Mrs. Southoru,

elsewhere, $10. Mr. Bevan, Miss IL Hancock,

By hand ambulance (a) Vic Miss R Hancock, Captain Cam-toria (lower levels), Old Kowloon, erou, Mr. Backervyle Girzg

Kowloon City, and Sham Shui Po TUESDAY, Sept. 10.

83; (b) elsewhere in New Kowloon 84; (e) Victorin above Bowen Road level, other parts of Hong Kong Island, and New Territories, 80.

His Excellency the Governor praided at the meeting of the Executive Council.

an alien in this Colony, It is not FRIDAY, Sept. 11:

Captain A. A.

a case of a British subject who

Glotman,

Second Order was one not aims a right to remain in the A.D.C.. represented His Excel- place in which he was born, norency the Governor at the memori even the case of an alien who has carried on business here Borsice to the victims of the

"Kwongsang" disaster,

made, in circumstances in tended by the Legislature and was an abuse of the powers conferred

(6) That by Scetion. 5 of tho

for a number of years..

"It is simply a case where the Ordinance the Legislature Government of this Colony gets intended that. the: word rid of an undesirable alien by an "custody should be road in Ordinance of his Colony which.

Leave Granted,

its:lawful sense and as mean- has been the subject of interpreta make a ecndition as to time. As The Chief Justice We can ing "lawful custody and tion, and is perfectly clear. A ro that the Legislature did not fusal to leave here would not pro-would by enough. Of course, if to security; I think that 8500 intend to ever-ride the vent an application for special the appeal is not proscented with Canon of Construction that leave. I submit that this is not due diligence the other side can it is to he presumed that case for the exercise of local dis Statute Low. does not permit cretion, and if it is such a case, it have it dismissed. The Crown is an official or any one to bone is not at all a case for leave in very axious to have it disposed" fit by his own wrung be given to apply to the Privy of quickly but maybe the appli Canon which formed a sub-Council.

cant might not feel the same stantial basis of the Judg Mr. Alabaster, in reply to a make some provision as to time

urgency.It would be better to ment of the Lord Chancellor question by the Chief Justice, Bald An order was accordingly made in the case of Hooper that this was not a matter of pub-granting conditional disavadary „Lane. Moreover, where un

equivocal word or ambiguous sentence lentes a reasonable doubt as to ita meaning which the Canons of "Con-

importance at all. It was matter, purely concerning an in

dividual. Va (Continued, at foot of next column.)

leave with security of 8500 with in no month; the record to bo prepared and despatched in throt months, with liberty to apply a

....HEALTH IN EASTERN

PORTS.

But the design of the Burcout is zet universally popular, and British submarine officers, in par blealar, are doalitful about her. They consider that she would ne bound to do her active work on the surfaco and only have the power of making herself invisible: to compensate for her colossal cost. It would be impossible, they think, to use her as an or dinary submarine, for her huge bulk would take too long to sub merge and be too unhandy under the water, AGA

Even the British XI is condemn ed. in some, naval ctrelos as being too big, and her displacement is only 2,125 on the surface and 3,600 submerged. She mounts four 5.2- inch guns and six torpedo tubes. Having had five years' experience with the XI the Admiralty have. made no attempt to repeat the design, nor is it likely that they will

[Some:"French" wethusiasts "loven talk of reviving the plan that The following health bulletin of was put forward at the end of 1022 Eastern ports, for the week ended and then withdrawn-the building September 5, has been issued of a submating of no less than

Cases. Deaths8,000 tons displacement.

Plague."

Alexandria Baghdad

Bassein Colomba

Cholerk

Basrah (Province of) 6 Bombay Calcutta

Madrar

Canton

Greater

Shangbai

Bombay

Calcutta

Madras

WOMAN CHESS. VICTOR.

MISS MENCHIK'S FINE.

RECORD.

Miss Vera Menchik won the major open tournoy at the Chess tourna ment at Worcester. She passétl through the entire tournament with out the loss of a game, although. hor, opponents included two Contin ental masters

tại Mind Manchi, nhơ để nói

is the woman champion of in the 1 world. She has taken, a creditabla part in several international tour- naments.

Autumn 1931

New Shipments of Autumn Goods have just been unpacked.

from

They include every possible want top to toe, from early morning to late night.

Ladies Salon,

Lane, Crawford, Ltd.

Always

the Best

Dance Records

2287D-I'M YOURS

OB277-PRETTY KITTY KELLY CB288OH ROSALITY

How

stocad

Columbia RECORDS

FOX TROT

TANGO FOX TROT

OB268~GOOD NIGHT SWEETHEART

CB266 LAUGHING AT THE RAIN. BLbw Fox Taor CB242-LADY OF SPAIN.

ONE-STSP

The Anderson Music Co., Ltd.

PHOSFERINE exercises real

and lasting benefit upon every- body's system, it invigorates brain and body naturally, and is given with equally good results to the children as to adults. The advantage of talcing Phosferine is immediate it makes you well. HOSEZTAINE and keeps you well

PHOSFERINE

The Greatest of all Tonies for

Neuritis

Dehillry,

Neuralgia Faintness ~Malurin Indigestion Mental Exhaustion. Loss of Appetite Brain-fag Headache Sleeplessness Maternity Weakness Lässitude 1 Nerve Shock Anaemis Exhaustion. Weak Digestion -

Rheumatism Sciatica

Made in Liquid and Tablets, such sold in there sloss, the larpot sizes sen the mare economiliat

PROPR/EPOLE: PHOSFERINECASTON & PAROVA), LIMITED, Luddite Hill. LonDON, ENGLAND Ausers) W. R. LOXLEY & CO. Hone Konon "Tut 6-1882"

Parfumerie Reigand

PARIS.

"Un Air Embaume EXCELLENT SOZNT.

Most Popular & Famous Pertuine

OBTAINABIAN AT

All Drugs, Chemists and Leading Stores

AGENTSE

VICENTE ATIENZA & CO.

ANLOAD,

LOTLOON

37156)