1937-09-16 — Page 2

NOIN

HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 16, 1937.

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APPEAL AGAINST DEATH SENTENCE CONCLUDES

Sequel To Murder Of Captain D.L. Campbell

Stressing the point that an armed vessel of a foreign Power was not, in law, subject to the Jurisdiction of the Court of the country, within whose waters it, lay, and that some wellers had said that such a vessel should be regarded as floating island, Mr. H. C. Macnamara declared that he had been careful not to ex¬» press a definite opinion as to whether the crilser would be consi- dered part of the territory of China, when he continued his ar- guments in support of an`appeal against the death sentence on Chung Chi-cheung, 22-year-old cabin boy who, on August 24, at the last Criminal Sessions, was found guilty of the murder of Captain 1). L. Campbell, of the Chinese Maritime Customs Cruiser "Cheung Keng.

The appeal was made on the grounds of the Chief Justice's Anding that the Supreme Court had jurisdiction to put Chung.. Chi-cheung on trial, and was heard in the Full Court of Criminal Appeal yesterday, before the Chief Justice, Sir Atholl MacGregor. the Fulsne Judge, Mr. Justice R. E. Lindsell, and Mr. Justice C. O. Alabaster. The case was adjourned for a written judgment by their Lordships.

Appellant was represented by made by the last named in Court Messrs H.-C. Macnamara and Appellant was not then claiming a George She on the instructions of | privilege. It had already been Messrs. G. K. Hall Brutton and

Co., whilst Mr. John Whyatt, As- sistant Attorney General, appear- ed for the Crown. Mr. John Mur- phy, Chief Detective Inspector, was present for the Police.

WAIVING JURISDICTION

Mr. Macnamara said that an Oider-In-Council had been quoted at some length but he did not think it could provide much as- sistance to this case because if the charge had been brought under that Order, reference to the Statute should have been made in that charge.

|

claimed and admitted.

Counsel asked that it be noted that" appellant did not admit the authority of the Chief Omcer or the Bo'sun to walve jurisdiction even if one of them was in com- mund of the ship.

As to whether there was a waiver or not, the orders to summon" po- lice assistance were actuated by the immediate need for medical assistance as well as the desire to arrest accused,,,and the orders were not given with the intention of waiving jurisdiction. It was a point that neither the Chief Of- cer nor the Bo'sun were asked " That the crime was committed | directly whether they intend to within their territory was claimed have accused tried in Hong Kong." by the Chinese Government. That Referring to the admission of claim had been endorsed by s China's claim for jurisdiction. Excellency the Governor. the Chic Counsel said that when Mr. Wa Magistrate, and the then Assistant lams made that statement. It had Attorney General, Mr. E. H. Wil- already been established that ap- liams, according to the statement' pellant was a British subject.

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NOING

BREWERY

UB

SHANGHAT

WATERFRONT FIGHT

#:

POLICY CLAIM

Echo To Junk Mishap

TRAVEL THROUGH CHINESE LINES

Two Europeans who had travelled to Canton by the s.5. Sacchuen, arrived in Kowloon on Tuesday night. having made the return Journey to the Colony by rail. They travelled from Whampoa through the military lines, having The hearing of an action in- stituted against the Canton Insur- Previously seen the engagement ance Office Limited (defendants)

which took place in the early hours of Tuesday morning between by the Hop Fat Firm (plaintiffs), claiming for $9.600 on an insur-Japanese warships and the Bocca

Tigris forts. ance policy for the value of 750 bags of manure and 150 bags of cement, was continued before the Chief Justice. Sir Atholl Mac Gregor, at the Supreme Court yes- terday.

Plaintiffs were represented by. the Hon. Mr. Leo 'D'Almada, jar.. instructed by Mr. M. A. da Silva,

whilst Mr. H. C. Macnamara, in-

structed by Mr. W. A. Mackintay. of Messrs Deacons, appeared for defendants.

It w be recalled that Mr. D'Almada said the claim was on an Insurance policy taken out by defendant his clients with the company in respect of 150 bags of cement and T50 sacks of manure shipped on 3 junk which had foundered. The premium on the policy had in fact not been paid. The plaintiff firm consisted of two partners. Ho Shtu-nam and Leung Chiu. Ho was more or less a sleeping partner until fairly re- cently, the management of the concern being left in the hands of Leung and one Lai Ping-kwan. who was the manager. Shortly after the sinking of the junk, Ho had certain trouble with these two men, with the result that they were not now available to give

evidence.

[

After evidence was given the hearing was adjourned until "10

SURPRISE THEFT IN SHOP

The Szechuen, which came south from Shanghai with about a thou- sand Chinese refugees, only stop- ped a brief time in Hong Kong on Monday to pick up a pilot and then anchored outside for some considerable time before proceed- ing up the Canton river.

י

but no

On the way up. the steamer was hailed by a Japanese destroyer and halted for a brief time, Japanese naval men came on board, the commander of the des- troyer evidently being satisfied that the vessel was British.

HEAVY GUNFIRE

The steamer proceeded slowly up river early yesterday morning, and sighted three Japanese warships, one cruiser and two destroyers, shelling the Bocca Tigris forts, Shells were seen dropping all around the forts, but It appeared, from what was seen when the Szechuen passed the forts later, that no serious damage was in- flicted.

A Ghinese gunboat near the forts. however, appeared as if It had been hit by a shell.

When approaching the boom placed across the river, a Chinese was seen struggling in the water. He had apparently fallen from a junk. The Szechuen was stopped and the second officer took charge of a boat's crew which safely rescued the man.

SMART SOLDIERS

On reaching Whampoa, two or three of the European passengers managed to get ashore, and they proceeded part way by junk and

They passed through the Chinese military lines and saw hundreds of Chinese troops, young and well-"! equipped, at various points,

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CHICAGO MILWAUKEE

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THE MILWAUKEE ROAD

LOCAL ESTATES

A fight at the Hong Kong. Can- ton and Macao Bteamboat wharf a.m. to-day. on Tuesday afternoon had a sequel at the Central Magistracy yes- terday when three... men were charged before Mr. S. F. Balfour, with. common assault on Mr. Gor Fung Cheung, aged 22, was 'part way by motor-car to Canton. Tsou-gee, Secretary of the Chinese brought before Mr. W. Schofield Seamen's Union of Canton The yesterday charged with defraud- defendants were Chan Wah, Luking and larceny. Inspector Mair Ming, and Chan Ning, unemploy- said that the defendant walked ed.

into the Tin Nam tea-house at Detective-Bergeant T. Cashman No. 118 Wing Lok Street about sald complainant was taking four 4.30, a.m. yesterday and ordered 10 persons to replace certain mem-cents worth of tea. After con-

Li Ling Nam, alias Li Yuk, Im- bers of the crew of the 8.8. Fat-suming this, he walked towards train. The passengers had there- port and export merchant, late of shan when he was set upon by the the shop counter, where Fox Kwai,fore to walk along the track for No. 12 LJ Sing Street, ground floor, village. Hotping District, Kwang- three defendants:

a shroff, was expecting Fung to some considerable distance, and who died at the Kwong Wan Has-tung Province, who died on March First detendent, ha blended pay. Instead, Fung suddenly then Baked up with another train, guilty, was fined $10, while a fine stretched out his hand, grabbed which brought them lato Kowloon of $25 was imposed on the second, at a handful of coppers and ran

Just before midnight. -- The third was discharged. First down the stairs into the street. and second defendants were also Fak puraued. Thing and caught tenced him to an additional bound over for $25 to be of good him. Els Worship fined the de- month's hard labour on the second behaviour for six-months.

fendant $10 or a month, and sen- charge.

From Canton, the passengers took train for Kowloon, but when near Taipo the line was blocked owing to the derailment of another

Local estate sworn, under $4,100 was left by Kwan Sung Chan, alias Quong Bing Dan, retired merchant, late of Chu Tau Shan

pital on November 2, 1936, left 16, 1937. A petition by Mr. Kwan local estate to the value of $4,700, Chung Chíu, merchant, of the

A petition by Yu Shi, widow, of same address; but at present tem- the same address, for grant of porarily residing at No. 69 Des probate of the will of the deceased Voeux Road West, ground floor. has been granted by the Supreme for grant of probate of the will of Court.

the deceased has been granted.