1933-06-07 — Page 6

No. 1 VALUE

in

Light-weight

WATERPROOFS

Single texture...

Double texture ...

$19.50

$21.00

י

Less 10% Cash Discount,

Well-tailored and cut on generous lines giving per- fect comfort in wear.

Call in and see them at

MACKINTOSH'S LTD

MEN'S WEAR SPECIALISTS

COUGH LINCTUS

HIGHLY RECOMMENDED FOR COUGHS, COLDS ASTHMA, BRONCHITIS AND ALSO VERY EFFECTIVE FOR THE PROTECTION OF THE CHEST AND THROAT, ETC.

Prepared Solely by

QUEEN'S DISPENSARY CHEMISTS & DRUGGISTS HONG KONG

CALIFORNIA PACKING CORPORATION -

CALIF., U.S.A.

RED RASPBERRIES

"Red Raspberries

APRICOTS

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CHINA BUILDING

PHONE 23268

Whiteaways

WHITEAWAY LAIDLAW & CO LTD |

BACK TO PROSPERITY

SALE

NOW PROCEEDING SPECIAL BARGAINS

IN

ALL DEPARTMENTS

VAN HEUSEN COLLARS

Nos. 33 and 55,"

In order to reduce our Stock we are offering our Stock of Van Heusen Collars in Nos. 93 and 55 at the greatly reduced Price of

50 cts. each.

Usual Price $1.00 each.

COME BARLY FOR THESE MEN

OUTFITTING DEPT.

WHITEAWAY. LAIDLAW & CO., LTD.

HONG KONG DAILY PRESS, WEDNESDAY, JUNE 7, 1933

BESA

TO GO BACK TO NEWS LETTER FROM

MANILA

"APPLICATION FOR HABEAS CORPUS

FAILS

FUGITIVE LAWFULLY HELD

The Full Court, comprising the Chief Justice, Mr. J. B. Wood, and the Paiste Judge, Mr. R. E. Lindsell, yesterday refused the application "of Joseph E. Besa for a writ of "habeas corpus."

Besa is wanted by the Philippine authorities for robberies of which he was convicted Ave years ago. He faced extradition pro credings and was committed to prison for 15 days on May 16.

INTERESTING ARGUMENTS ON

EXTRADITION LAWA

Mr. Fraser who appeared for the Crown said the questions the 'Court had to decide were whether the magistrate in the Court below had jurisdiction and whether there was evidence upon which he could com- mit. In his affidavit, Besa had challenged the power to extradite on a number of grounds. The first was that there was unreasonable de- lay in the proceedings before the magistrate. There was no delay. said Mr. Fraser, for the magistrate in his rotes, stated that the first intimation the Government of the Philippine Islands had of the fugitives arrival in the Colony was on March 23 of this year. A letter was received from the Governor of the Islands on April 8 and action was taken at once. The question whether the delay was unreasonable was a matter entirely for the magis trate.

1

Five Year Delay Alleged. Mr. Fraser said he was not quite sure of the purport of the point in Besa's affidavit that "five years" have gone before the attempt to. extradite me."

PORTUGAL

GOVERNOR GENERAL OF PORTUGUESE INDIA

(From Our Own Correspondent,}

General Craveiro Lopes, Gover- nor General of Portuguese India, has been re-appointed for a fur ther period of five years. The Municipalities of Portuguese In- dia sent a joint telegram to HE.. the Minister for the Colonies thanking him for re-appointing General Craveiro Lopes, who en joys the esteem and confidence of the whole Colony:

Portugal House in Antwerp.

In addition to Portugal House in London and in Paris, a Portugal House is going to be opened in in Antwerp, owing to the vast terests that Portugal has there and to the need of interchanging in- the formation, etc., concerning African Colonies of Portugal and Belgium.

"

睡

Tourists in Lisbon.

Political Baniahoes.

KAIPING

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NGAN SHING KWAN

Managing Director:

ND

FLOOR

HONG KONG

The "Mocambique" left the Portugal's vaults, since 1834, are Lisbon on May 30 last with a large number of Political banishees who were included in the last amnesty. announced by the Government in April.

The port of Lisbon is very fre quently visited by tourist-ships. If by this he meant that the On May 31 last, three excursion- Manila authorities knew of his pre-ships entered the port having on sence in Hong Kong for five years board 1,565 excusionists, who visit- before they took netien, the pointed the Capital and neighbourhood failed because the information that and left very much impressed by forwarded to the natural beauty of the country he was here was Manila in March and was acted and especially of Portugal's "Sun- upon without delay. On the other shine Coast. hand, if the point was that since he had been absent from Manila for five years he wae not now a subject for punishment, the point again failed. There were periods of limitation" of 20 years in the case of serious crimes, 10 years in the case of less serious crimes, and five Besa's second point was that the years in the case of petty, offences extradition treaty between the but these periods did not commence United States and Great Britain" to run while the fugitive was ab. did not apply to the Philippines sent from the Philippine Islands and he followed that up with sub. and in any case the 10 or 20 years missions that the actual territory limitation which would apply in to which the treaty applied was not 'Beva, had not elapsed. mentioned in the treaty: that at The sentence to which Bean would that time the Philippine Islands were not in the possession nor un-, be liable was six or seven years but der the jurisdiction of the United he had been convicted of another States: and that the treaty did not offenes and the total liability might

how be nine years. include future colonies ог ter- ritories

The treaty had been held by the Imperial Government as applying to ail parts of His Majesty's dominions and had been applied to Hong Kong. It had also been ap: plied in the United States to the Philippine Islands by an act of the 36th Congress, 1903. The question of extradition, having been recept- ed by the two Governments, as an- plying to the Phillipines, he sub- mitted that in the absence of any other evidence the onus was not on the Crown to disprove the matter.

Ruling as to Crown's Duty,

The Chief Justice ruled that Mr. Fraser was not relieved of anus. The point to be decided was whe ther on all the documents and re- cords before the Court the onus was discharged. The onus was on the Crown to prove that the custody in which applicant had been held was lawful:

..

Besa was in custody in Hong Keng on another case at the begin ning of the year and as he was a Philippine National, an enquiry was made on March 28 of the Philippine authoritics. Following an their reply. Besa was arrested on another warrant on his release from the local proceedings.

Lectures on the Colonies. A series of lectures on colonial matters was started at Lisbon on This venture has the 1st instant. created a wide interest and at tracted much attention to colonial problems and opportunities.

Horse-Riding International

Competition

from

Arcording to despatches the last day of the tournament of Lisbon, Portuguese competitors, in the International Riding Competi- tions at Madrid, were awarded the Peninsular Golden Cup."

+

New Warships.

The two new cruiser "Afonso de Albuquerque" and "Bartolomen Dias" at present being built in England will be delivered to the Portuguese Government, the form- er on March 9, 1935, and the latter on June 0 of the same year.

The Late Don Miguel's Jewels. The famous D. Miguel's jewelle which have been in the Bank of Portugal's vaulta, since 1834, àre to be inventoried and either sold or delivered to the present 70 in- heritors of that branch of the House of Braganca.

Case of Robbery in Manila.

The evidence. put before the magistrate was that a robbery, ac cording to Philippine law, had been committed in Manila, and from that evidence, said Mr. Fras- er. it appeared to him to amount to Inreeny under English law. The real question involved was one of jurisdiction, concluded Mr. Fraser, and he did not think it would be necessary to go into that very D., Miguel was banished from difficult and involved matter if Portugal during the second quar their Lordships would accept hister of last century, and his guerilla submission that where a territory war-fare was responsible for great

in changes

the was part of a State, and the law

constitutional Government of Portugal."

This very historical jewelry in said to be of an enormous value.

of that State was there in force these two factors determined the law as far as extradition was con-

Mr. Fraser intimated that be would refer to the matter at a later stage. Continuing counsel said that in his application Besa also stated corned." that he

American was not an national. It did not matter whe-. ther prisoner was a national of any country. There was to reservation in the treaty.

Besa's next point was that he had jumped his bail of 24.000 pesos, and Mr. Fraser submitted that that was no ground at all.

It was merely a suggestion that he had paid the price instead of the penalty and therefore should not be mibjected to any further per- secution on that ground.

Mr. Justice Lindsell: That is the English view of the law in that connection but I do not think the Americana regard it in the same

WILY,

The Chief Justice: The point in entirely valueless.

Basa's Contention Overruled.

Applicant when asked what he had to say repeated the points out lined by Mr. Fraser and added that his contention of unreasonable de lay was based upon the fact that he was arrested in January and the enquiries were not made until March.

Mr. Fraser said it was true that Besa was arrested in January. The Manila authorities were com- municated with but they did not take, action until they found there was a possibility of the proceed ings in Hong Kong failing through.

The Chief Justice said the justices were not disposed to take their time over their decision bus to give it at The next sutamission of the ap once. In their view, the custody in plicant was

that the trial was which the applicant, was held was heard and sentence passed in his true and lawful. absence...

..

The charge was an extradition

Gold Mining in Portugal.

News from Portugal states that slaw is going to be published giving the monopoly of gold min- ing in Portugal to an important syndicate.

Photograph Exhibition, The photographio exhibition of Angola which was very much ap preciated in Lisbon, and has just been closed, will be re-opened at Portugal House in Paris. Poland's Diplomatic Representatives Owing to the development of commercial relations between Por tugal and Poland, this country bas! recently appointed a diplomatic representative to Poland.

DARING DESCENT INTO ORATER TOKYO REPORTER PROBES MT. MIHARA MYSTERY Mr. Fraser said that the deposione under the Convention of 1889 tions showed that the trial was and it was one of which he had

Tokyo, May 30. agreed upon in a certain form be already been, convicted. It also ap- daring exploration into a vol- tween counsel for the two partiespeared that the Treaties and Con-cante crater was carried out res As far as he understood Philippine ventions provided for the acensed terday afternoon by a reperter of Islandal law, at the end of any provided for the delivery up to the Yomiuri Shimbun, a Tokyo trial, if the accused is represented, justice of persons accused or con- paper, the crater being that on sentence would be passed by the victed of extradition crimes com- Mt. Mihara on Oshima Island, off judge at once. If the accused was mitted within the jurisdiction of Izu Peninsula. By means of a not represented, or any point of the other State, and the formal special apparatus fixed on difficulty arose, the judge gave the steps taken in the present instance accused time, anything up to & were quite regular. month, before passing sentence. The object of that respite was two- fold. One was that it gave the judge an opportunity of making a

Application Dismissed.

the

edge, Mr. Iwata, the reporter, aut eceded in descending to a depth of 1,200 feet from the crater's mouth. Mt. Mihara's lure to numbers of young men and women, who com mit suicide by plunging over the crater's lip, excited the imagina tion of the journalist, who descend- ed into its depths in an effort to investigate the mystery of the volcano which has swallowed up many a victim,

considered judgment and second There did not seem to have been that it gave the prisoner an oppor- any unreasonable delay and in any tunity to arrange his own affairs. case that was a question in which In this case something like five days the magistrate could have exercised were granted, On the day set down his discretion. The time to appeal for the sentench accused did not for a writ of habeas corp was Appear and a warrant was issued when the delay was recurring The Following the journalist's feat, for his arrest. The warrant with custody in which the applicant was press photographer also went which the court was concerned was held was lawful and just and the down and succeeded in taking one socially obtained for the pro application for writ of habeas several unique pictures of the in-

side of the active volcano, ceedings.

corpus was discharged.

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OPPORTUNITY

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From July 17th to 22nd, there will be assembled

in London at Olympia...the greatest Exhibition Hall in the world... the most modern Advertising and Marketing knowledge and material ever collected beneath one roof

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OLYMPIA

LONDON, ENGLAND

JULY 17-22 1933

ADVERTISING AND

MARKETING EXHIBITION