1937-10-16 — Page 10

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DEATH SENTENCE

APPEAL DISMISSED

Echo To Murder Of Captain D.L. Campbell

In the Full Court of Criminal Appeal, before the Chief Justice, Sir Atholl MacGregor, the Paisne Judge, Mr. Justite R. E. Lindsell, and Mr. Justlos C. G. Alabaster yesterday, the appeal against the death sentence on Chung Chi-cheung. 22-year-old cabin boy who, on August 24, at the Criminal Sessions, was found guilty of the murder of Captain D. L. Campbell, of the Chinese Maritime Customis Cruiser Cheung Kong, was dismissed on the grounds that the appellant, has been found by competent court to be a British subject.

Appellant was represented by Messrs. H. C. Macnamara and George She on the instructions of Mr. K. F. Wong of Messrs. G. K. Hall Brutton and Co.," whilet Mr John Whyatt, Assistant Attorney Mr. John Murphy, Chie? Detec- General, appeared for the Crown. tive Inspector, was also present for the Police.

Glying judgment, the Chief Justice said. Inter alia:- "On January 11, 1937, the appellant, a British born subject em- ployed as a cabin boy on board the Chinese Customs Cruiser Cheung Keng murdered the Captain of that vessel while she was within the waters of the Colony.

pects as an armed public vessel of the Republic of China.

"After killing his Captain the shot and appellant

seriously wounded the Chief Officer and then went below to a spare cabin. at the dining saloon, where he in-a "Aicted a serious gunshot wound on

himself.

"Mr. Macnamara's argument on his second point was supported by number of citations from the words of International jurists.

"There remains for considera- "The vessel was then bound for tion the third of the submissions Hong Kong.

BORN IN HONG KONG

On the death of the Captain command devolved on the Chief Ocer who testined that he or dered the boatswain to go to Hong Kong at full speed and hall a police launch. In cross-examina- tion he stated "I would welcome any assistance.

The boatswain

was sounding the whistle for Im- médiate help" and in re-examina-. tion he amplified his former state- ments thus-"I wanted medical help to arrest the accused. I wanted help from the Hong Kong Police."

made on behalf of the appellant.

"As we have already decided against the contention that the visiting state has sole and exelu- sive jurisdiction it follows that in our opinion there is no merit in the argument that there can be no walver, of Immunity. The ques tlon that now falls for the decl- sion is whether in the facts of this case there has been a valid and sufficient waiver and therefore s submission to the jurisdiction of

this Court.

"In his able argument Mr. Mac- namara, in our opinion. overlook- ed one important point which is fatal to his contention. The ap- pellant has been found by a com- petent court to be a British sub- ject. By the Treaty of Tientsin 1858 the Emperor of China 're-

to all claim nounced Jurisdiction within his territorial Umits over British subjects. REQUISITION FOR SURRENDER

exercise

"The requisition for the surren- der of the appellant was doubtless inspired by the belief that the ap- pellant.

person of Chinese parentage, with a Chinese name, and employed on board a Chinese vessel was a national of China. The moment that the appellant estab- fished affirmatively, under section 18 of the Chinese Extradition Or- dinance 1889 that he was not a na- tional of China proceedings for his extradition falled.

|

HONG KONG DAILY PRESS. "SATURDAY, OCTOBER 16, 1937.

VALLEY RACE "MEETING

Entries And Weights

The following are the weights and entries for the Ninth Extra Race meeting of the Hong Kong Jockey Club to be held at Happy

Valley on October 23:-

Wyndham Handicap (à Class) ·

G Furlongs Gladiator 142, Happy Eve 183, Oak-Bay 149, Soldier of Britain 140, Wild Life 183.

Queensland Handicap (A Class) 6 Furlongs Able Amazon 135, Blandford 135, Centre Court 135. Courting Eve 135. Double Finesse 135, Electron 142, Home Brew 135, Katinka 135. Lancashire Chips 141, Ranger" 135, Strathroy 185. NB-If top weight does not accept all weights to be raised 7 lbs. Connaught Handicap (C Class)

(1st Section) 1 Miles Aptlas 148 Bistre 1-12, Boolat Bay 158, Jungle Jim 147, King's Corona tion 183, King's Lead 157. Ouse 145, Soldier of China, 150.

Connaught Handleap (C Class)

(2nd Section) 13 Miles Amberley 158, Centre Forward 158, Commencement Bay 151, King's Bounty 158, King's Jubilee 148, Laughing Buddha 143, Night View 152, Rose Evelyn. 165. Royal Consort 148, Royal Highness 143. Voltaire 144.

Paddock Handicap (E.Class) 1 Mile

Air Mall 140, China Clipper 142, Declasse 155. Ebony Idol 181. Emer- gency Call 144, Happy Venture 140: Lancashire Tich 145. National Faith 149. Philanderer 148, Popular Star 140, Racing Strain 145, Radium 140. Tabby Cat 155, Weedon Seat 150, Widnes 163. Yum Sirig 147. Ballarat Handicap (C Class) From

the 3 Mile Post, Once

Round and In

Beat That 135, Boronia Belle 153, Bravado 135, Brutus 160, Discovery Bay 185, Llangollen 135. Roolfly 152, Solerina 147, Twilight Star 155: Violet Queen 149.

Kwangtung Handicap (D Class) 1 Mile

Coronation Day 145, Daylight 149, Diogenes 155, Firefly 148. Fly- bynight 151, Gold Coin 158, Gold Sovereign 152, Good Morning 140, Laughing "Cavaller 145. Laughing Girl 155. National Spirit 168, Plain View 146, Racing Boy 140, Svivan- dale 154. Tempest 140. Tiny Star

188. Valorous 143. Ythan 161, Zero 140.

RUGBY FOOTBALL

The appellant was arrested on March 26, and proceedings for his .com- tradition to. China were menced, the Assistant Attorney General conducting the case for the Crown. On May 28 and on June 10 the appellant produced afbrmative evidence that he was not a Chinese national but a Bri- tish subject, bort in Hong Kong: The Assistant Attorney General submitted that this event took lace on a Chinese public vessel, not a merchant vessel, and was therefore in Chinese, territory. On June 22 the Magistrate held that e appellant was not a national of China and that the extradition proceedings therefore falled..

"The appellant was thereupon re-arrested, and his trial for the murder of Captain Campbell be-

"The Chinese authorities in zan on August 23 before the Ohler-

submitted effect are claiming to exercise a counsel Justice. Els

jurisdiction which they had sur- that as the crime charged was committed on board an armed rendered in 1858. In these cir- Chinese vessel the Supreme Court cumstances. If the appellant's plea in the Far East threatened a lean season and made the publication of Hong Kong had no jurisdiction to the jurisdiction of the Supreme

of a definite fixture list impossible. At the close of the case for the Court of this Colony were upheld

the opening games at least should Crow with the necessary facts the appellant, so long at least as

be of interest and up to the usual had been established in evidence, he remains in Hong Kong, would tarea trial judge held that not be answerable to any Court standard of rugger seen in the Colony. We have lost. the Royal the Holdt was fully argued, and for the murder which he has com-

Welch Fusiliers, who have been the telud furisdiction to try the ap-mitted.

great stand-by of Army Rugger Defiant who, d'August 24 wäs

during the past few seasons, but found guilty and sentenced to

how have the Middlesex Regiment death.

who have come with a Rugger re-.. putation from Bingapore, where they folded two teams regularly and in the sevens tournament at the end of the season, reached the anal round.

NO VALID WAIVER-

"In our opinion, from the con- duct of the Chief Omeer and the. boatswain on board, the Cheung Keng and from the fact that the Chinese Government, after the "On August 31, 1937, the appel-failure of their proceedings for the tadt appealed on a question of Taw

extradition of the appellant have lone alleging that the court

made no diplomatic represents which tried "him" had no jurisdic- tions with a view to having the appellint put back on board the The question has been very vessel on which he was serving. It fully and ably argued before this is a reasonable and proper infer- Court

T

Macnamara's argument falls now under three main heads

(a) that the indictment charg- gaurder at common law. the Court had no jurisdiction, com

ence that the immunity" enjoyed by members of the crew of an armed Chinese vessel has in this case been willingly waived.

The conclusion to which we have come is that the decision of

mona jurisdiction being pure- the learned Chief Justice, was ly territorial;

right and this appeal must be dia

that the immunity enjoyed. missed. by a public armed vessel of a visit- Ing state is enjoyed equally by every member of the crew of that vesel; that the courts and proper authorities of the visiting state have sofe jurisdicth. With regard

SALE OF CROWN LANDS

At a sale of Crown lands held at

to offences committed on board the District Office South yesterday.

The Rugby football season will commence this afternoon, when two games will be played on the Club ground at Happy Valley, Although the abnormal conditions

At present the Navy is well re- presented in port and it is hoped that this happy condition will con- tinue during the season and that they will be able "to furnish their usual strong opposition to Army and Club sides. The premier game on Saturday will be the Army v the Club, commencing at 4.30 p.m. This will be preceded by a match between a alde drawn from H.M.S. Medway and the Club A XV com- mencing at 3.15 p.m.

Club sides are:-

1st XV.-J. F. Whitham (Capt.), D. H. Stewart, H. D. Bidwell, W. E. Grieve, H. van Leeuwen, A. H. R. Butcher, J. L. Bonnar, K. A. Wat- Needham, R. E. Nelson, J. C. Miller, A..J. G. Taylor and J. Redman.

such a vessel, and that the receivat 1210 (17 acres) in the Taunson, K. W. Salter, R. G. Geer, C. F.

Wan Demarcation District No. 461, thg state has no Jurisdiction, and

situated in Loi Wai, was put up for (c) that the immunity so con- ferred cannot be waived or alter-sale at the upset price of $741. natively that in the present cast

The highest bidder was Mr.. Lo for $2,513. The annual Crown

there has been no valid and effec-Wing-ching who purchased the lot tual waiver.

FANLING GOLF

The following are the starting times for Fanling to-morrow!==

Old Course

I

9.32 a.m.-P. Morrison and J.

"In the first of these submissións rental, is $17. there is, in our opinion, no subs- tance. The common law jurisdic- tion of the Supreme Court is de- clared by section 5.of the Supreme Court Ordinance 1873 to extend to the Colony, and it is not disputed that the locus of this crime was within the Colony as defined in the Interpretation Ordinance 1911.

EXCLUSIVE JURISDICTION D "Throughout the arguments both here and in the Court below it has been agreed that the Chi- Cruiser Cheung nese Customs Keng must be treated in all res

...

Forbes.

9.36 a.m.-A. M. Mack and F. A.

M Elliott.

9.40 am-D. J. Gilmore and E. T. McMullen.

9.44 a.m-1: E. Geare and K. S.

Morrison:

9.48 m.-E. A R. Newton and

A XV-B. B. Nelson, D. Camp- bell.. E. Tavener, R. Murray, B. M. Watts, M. G. Carruthers, J. R. Hen- derson, A. W. Holden, J. B. Dunnett (Cont.), G. L. Eastgate. T. Swan. B. Hynes. A. Q. Dalziel. T. Prait and H. W. E Heath.

W. Sharp.' 9.52 a.m.-K. R. Quick and G.

W. Reld. 9.58 a.m.-J. Stenersen and F.

Groves, 10.00 a.m.-F. C., Young and G. F

O'Bryen. 10.04 a.m.-E J. B. Morahan and

B. N. Williamson. "10.98 a.m.-C. Austin and. A. A Bremner...

10.12 a.m-A B. Purvis and N

K. Littlejohn.

Sporting Fixtures

TO-DAY

TO-MORROW..

Cricket-Craigengawer Q.C_3. Combined Schools.

Cricket-First Division: Kowloos- C.C. v. Civil Service C.C., Craigen-

Golf Shek-O Championship. gower C.C. v. Club de Recreio. In-

Hockey-Inter-Section Knockout dian R.C. y. Army, Married v. Singles (HK.C.C.). Second Divi-Tournament: Nomads v. Argonau- sion: Kowloon C.C. v. Civil Service as, Folles Training School Ground, C... Craigengower v. Recreio. Uni- 4.30 p.m. versity v. Diocesan Boys' School. Army "A" v. Army "B.".

V

Hiding-Advanced Riders Caval- cade (Equine Sports Club), 4.30 p.m.

Yachting-Royal Hong Kony Yacht Club v. Pearl River Balling Club.

TUESDAY, OCTOBER 19 Meeting. Craigenzower Cricket Club Annual General Meeting at Club House, 6.30 p.m."

Football--First Division: Kow- loon v. S. China "A" (Kowloon), (Causeway Eastern v. Seaforths Bay), Middlesex St. Joseph's (Sookunpoo), South China "B" 'v.' Kowloon Chinese (Caroline H... 4.30 p.. Second Division: Kwong Wah v. Seaforths (King's Park);

WEDNESDAY, OCTOBER 20 4.30 p.m.; Kowloon v. Engineers

3 p.m.; Eastern v. Shooting.-Hong Kong Rifle Assn. (Kowloon). Police (Causeway Bay). 3 p.a.Weekly Spoon and Practice Shoot. Third" Division (Hong Kong): 5th

Army Range, Kowloon City, 2 p.m. v. Ordnance (Miltary. Bde. R.A HV.). 3 p.m.: Police v. Stanley (St. Joseph's), 4.30 p.m.; Medicals v. Powhattan (Et. Joseph's), 3 p.m. Third Division (Kowloon): 24th Bty. R.A. v. Kumaon Rifles (Chat ham Rd.), 3 p.m.; 20th Bty. R.A. v. Portuguese SA (Chatham Road), 4.30 p.m. University v. Royal Sign- als (Prince Edward Rd.), 3 p.m.: Air Force v. Seaforths (Prince Ed ward Rd), 4.30 p.m.

Gymkhana-Machine Gun Troop Hong Kong Volunteers), Bixth Annual Causeway Bay): 230 p.m.

Riding. Beginners Cavalcade (Equine Sports Club), "4.30 p.m.

Rugby-Hong Kong Club 1st XI v. Army (Club ground). 3.15 p.m.; Hong Kong Club "A" XI y. Navy (Club ground). 4.30 p.m.

Swimming.-Y.M.C.A. Swimming Gala, 7.15 p.m.

Tennis.-Christ Church. v. St. Andrew's Club, 230 p.m.

SATURDAY, OCTOBER 23 Racing. Hong Kong Jockey Club's Ninth Extra Race Meeting, Happy Valley, 2 p.m.

Married v. Single Ai H.K.C.C.

The annual Married v, Single match of the Hong Kong Cricket Club will be played on the Club ground this afternoon commencing

at 2 p.m.

||

The teams are as follows:- Married: A. W. Hayward (Capt.). H. Owen Hughes, F. H. Stokes, N. F. Fox, M. R. Swain, C. E. Gahagan. J. R. Way, W. Stoker, R. D. Gilles- ple, G. A. Stewart and T. E. Pearce. Single: T. A. Pearce (Capt.), J. L. C. Pearce. Rev. H. W. Baines, L. D. Kilbee, M. F. L. Haynes, W. Wooding, F. A. Dunnett, B. O'D.

KNOWN THE WORLD OVER FOR ITS PURITY.

i

MARTELL'S 3 STAR:

Sole Agents:

BRANDY.

MA

GANDE, PRICE & CO., LTD.

Tel. 20135.

HONG KONG. STOOKED BY ALL CLUBS, HOTELS AND WINE STOR: 8.

COUNTY RUGBY

RESULT

London, Oct. 14

lost to East Midlands by 13 points

to 15.

In a non-championship encoun ter, Warwickshire defeated a com-

The Rugby Union Counts Cham-bined Notta.. Lines and Derby

team at Coventry by 29.8.-

Reuter

Yachting Racing Yachts. First Paterson, V. C. Bond, R. E. H. Nel-plonship commenced to-day when Leicestershire, playing at Leicester, Commodore's Cups Serics.

sch and A. C. L. Bowker.

"You're right, they are a fine smoke!"

COLD FLAKE

CIGARETTES

GOLD FLANG HONEY DEM

WD.&H.Q.Will

Bristol & London

W.D.&H.O. WILLS'

GOLD FLAKE

MILD VIRGINIA CIGARETTES

ALSO PACKED IN PACKETS OF 10

- CELLOPHANE WRAPPED

20-192

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