1905-06-29 — Page 5

.

TELEGRAMS.

[Revier's]

The War Store Scandal.

LONDON, 27th June.

The vote of censure in connection with'

THE HONGKONG TELEGRAPH, THURSDAY, JUNE 29, 1905.

TRADITION: ON FUGITIVE

CRIMINALS:

INTERESTING ARGUMENT.

BEFORE THE FULL COURT,

Chief

| are blowing cold. | | submit with great rejpečt

to the Court that the true meaning of the words used in the Treaty and recited in the preamble

SIDELIGHTS ON KIPPON. O capital, Adis Abeba" At the general meeting. la goa be referred to the sacrifices which the From Nagasaki to the Simonoseki, entrance company was then incurring in Fouth Africa,

the War-Store Scandal was rejetted by 339Justice has had before him the matter of the those words "on proof of their guill" mean, is, with them.” Nagasaki lien away at the foot of literally the whole of his time and energies to

to.255.

Prince Arisugawa's Visit to England

Wo

The Standard says that the visit of Prince Arisugawa will strengthen the regard entertained for the Japanese even before they had given incontestable proof of their progressive spirit and martial capacity There is a preponderant opinion in favour of turning a dormant contingent alliance into an active treaty for mutual defence. It is difficult to imagine any circumstance in which the weakening of either Power would not directly injure the other,

Later.

Intimations,

COMPANY, LD.

THE PUBLIC MAY RELY

IMPLICITLY ON GETTING

In the hope and belief that they would reap their ROBINSON PIANO reward Inter on. That expectation had bean realised, and their affairs had been put on a satisfactory footing. Baron de Reuter,, who had been thirty years in the service, devoted

the business of the company. He had con- sented to bind himself to the company for twelve yours, on condition that, on withdrawing from native work, he should, like other officers of the company, receive a reining allowance. Sin reasonable a proposition as this would, ha felt sure, commend itself to every shareholder, not expressly provide for the contingency, their but inasmuch as the Anicles of Association do

solicitors advised that the contract, in which the retiring allowance was stipulated for, should be ratified by the company in general meeting. The motion for the adoption of the report was carried, as also a resolution embodying accept- ance of the conditional agreement with Baron de Reuter.

to the Extradition, Ordinance, via, the words of the inland Sea is about sibs hours cruise. on proof of their gailis not that put upon it | At least I remember leaving Nagasak! about y by my learned friend. It does not mean p.m. and passing through into the Inland Sex on such proof as would be necessary in order about eam. It is in that area where the For some time past his Lordship the to secure a conviction, before a jury, What Japanese shadowed the Russians and closed

extradition of a prisoner named Wong Ka no more, and no less thas on production of green hilla hidden from the sea, and any ships, Cheung, and many points of considerabis im- evidence of guilt. The expression used in the attempting to pass into the harbour without a pastance have been raised. This morning there Treaty is not on conclusive proof, but en proof pilot would be blows to pieces. I don't remem was a sitting of the Full Court for the purpose of guilt; that is to say, an evidence of guilt, ber having ever seen anything quite so smart of hearing further argument, the Attorneysufficient to fastily a committal for trial, that as the naval men about Nagasaki. Even an General (the Hon. Sir H. S. Berkeley), with is to say on prima facie evidence of gulit, upimportant little steam-launch raced about whom was Mr. H. E. (olleck, X.C (instructed Proof means judicial proof, which is defined as with the importance of a destroyer. It did being present for the Crown, and Mr. H. N. well as other evidence) conveyed in a judicial a deck hand on a faunch that his mis by Mr. F. B. L. Dowley, the Crown Solicitor) evidence (which word includes prima facio, as apt follow that because a man was only Ferrers (instructed by Mr. Otto Kong Sing) manner by judicial methods, eg, by the testision in life was unimportant. The deck attending on behalf of the prisoner, many of a witness, therefore submit with band Just turned to and tried to make The Attorney General explained that he apkreat respect that it is incorrect to say the his little thirty feet of shipping as smart' as a peared, with his learned friens, in support of a Ordinance is at variance with the Treaty in flagship. Everything a year age was in order motion which the Crown was making for the declaring, in section to, that the Magistrato at Nagasaki, and I am confident that they discharge of a rule absolute for the writ of shall commit a; fugitive to await the further were ready for the Baltic men. I remember Aabeas corpus. At the last hearing the Chief order of the Governor if at the hearing of the staying up on deck all night while steaming Justice reserved three points which were the requisition for aurronder such evidence is pro- from Nagasaki to Simonoseki, and can never second, fourth and fifth grounds urged by Meduced as would, subject to the provisions of the forget the beauty and grandeur of the seas Ferrers for the discharge of the prisoner. The Ordinance, justify the committal of the fugl there. Even then the Nipponyiu was watchful, second ground, put shortly, was that the requitive for trial before the Supreme Court Twice through the night a cruiser swept down sition for the prisoner's surrender, though now if the crime, with which he is accused on us and threw her light across us. Then she raced away into the night, probably to report our movements, Fax out you could see other ships moving swiftly on the face of the waters and how on earth the Russian Admiral con- ceived that he was going to pass among thoseness islands off the south of Japan unnoticed is something beyond the comprehension of men The Korean Straits are full of islands, and

This morning Prince Arisugawa drove out in semi-State paying a series of calls on British Royalties; he was frequently re- cognised in the streets and loudly cheered miually for an extradition crime, was in fact In the afternoon His Highness attended a made with a view to punish him for an offence Japanese Society's garden party in the Bo-which was not an extradition crime. With tanical Gardens, and afterwards dined with respect to that the Attorney General submitted The King and Queen at Buckingham Palace. that is was a bare assection on the part of Counsel altogether unsupported by evidence. He conceded that a fugitive must not be sur- rendered if he proves to the satisfaction of the Conit on the habeas corpus that the real object of the Chinese Government is to obtain his extradition in order to punish him for an offence which is not an extradition crime, and that the

The Binking of the "Ikhoma.". Sir Charles Hardinge has been instructed to bring the sinking of the Ikhome to the

notice of Count Lamsdorff.

The Thibet Treaty.

hesion of China to the Thibetan Treaty.

'ALLEGED EMBEZZLUMEN Z

had been committed in the Colony. It was for the Governor of the Colony when passing the Ordinance which, be it remember ed, is complementary to the Treaty and ex placatory of what was in the minds of the parties to the Treaty it was for the Governor of this Colony to determine on what amount of roof of their guilt fugitives should be surren dered. The Treaty between the Queen and the Emperor of China has stated that fugitives from China should be surrendered on proof of their guilt. That is a somewhat vague, and, 1

those off the coast of Kinshin are inhabited by the men of the fishing flats, no brave and daring men as ever sailed the seas. They will face all weathers in boats that only look fit to cross the

COMMERCIALT

SHANGHAI SHARK REPORT.

The following resumé of the "week's share transactions is from Messrs. J.A. Sullivan and Co's report published on the 22nd June:-

There has been a large miscellaneous busi-

done this week in time bargains, but no thing deserves special nale. Indo-Chinas have been neglected. In Shanghai and Hongkew Wharf abarcs there has been a bear movement; } to keep prices down for this and next month's and the difficulty of financing complicates mat settlement. Farnham Boyds have receded, ters, Langkats have not improved since the dividend, as was fully expected, Exchange on London after a week's varied fluctuations closes

Mr. St. John Brodrick states that negolia requisition for his surrender for an alleged extra submit, an elastic expression. It might mean Serpentine. The very cleanliness of these for sight at 3/7 15/16 From Hangkong the 3 tions are still proceeding relative to the addition.crime is merely to cloak the real design. anything, but when we come to see what the boats gives ous 'a good idea of the nature of days' sight is quoted 714. Consois £99 9/16."

But while conceding that, Sir Henry submit real meaning of it is and tura to section 10 of the these fisherfolk. I remember passing hundreds shares have changed hands for cash at Tis. 178, Wharves, Shanghai, and Hongkew Wharf ted, with confidence, that the onus of establishOrdinnaca we find that it was determined that of them, and they were all the same picture of 180. For June Tls. 185 and Tls. 183 are quot- ing the fact that the Chinese Government was prima facie proof of their guilt, should suffice.potless and scrupulous cleanliness. This re-ed, fuly sales have been done at The: 189, Tls. asking for the man's extradition for a crimen other words, that proof sufficient to put of the people who inhabit them. They arent Tis. 194, Tis. 191, Tis. 187, and Tia 190,

suli is brought about by the ceaseless energy 187. September at Tia, 1871, 185 and October 1823, The 1833, and Tls.~182. August at Tle. other than an extradition crime lies with the of the Extradition Act, "a fugitive shall not fugitive. According to section 4, sub-section be surrendered if he proves that the requisition is made in fact with a view to punish bim for an offence not an extradition crime." If a

BY MAGISTRACY SHROFF,

which Chan Shaw, shroff at the Magistracy, Remanded from Inst Thursday, the case in was charged with the embezzlement of the sums of $500 and $515, paid to him on behalf of Government on the 17th of March and toth May last, respectively, and with falsifying a certain hook the property of the Government, was again called on before Mr. F. A. Hazeland

this afternoon.

fugitive proves to the satisfaction either of the Magistrate before whom the application must

man on his trial at the Supreme Court for an sufficient to require a Magistrato to commit offence, if committed in the Colony, should be fugitive to await the further order of the Go vernor upon a-requisition from the Government of China. Continuing his argument, Sir Henry said it was conceded that this Court can ad, judicate un the validity of any Ordinance of

lautich. Because the skipper only had fifteen constantly washing the boats down. It was the same on these boats as on the Nagasaki feet of pinewood to commatid, he did not im- mediately become dissatisfied with his lot in life, but was just as proud of his little craft as little island fishermen were called to the fleet, Togo of his squadrons, And so, when the

has so far transpired. For July and September Shipping Carb Indo-Chinas have been inquired for at cheap prices, but no business sales at Tls. 73 are reported. Tug and Lighter 'Prel' shares have changed hands at Tis. 50. been recorded at Tis 161, Tis..161, and Tis. Docks. Sales of Farnham Boyds have

162, Tls. 16:1, Tiz, 161, Tls. 160, 159,158, are 159 for cash. For the end of the month TIL

115, 166, 14. 165) September at Tis. :67, at Tls. 164, Tia-163), and T. 160. Auguitat Tls, 166 and Tls. 164.

Upon the application of Mr. J. Hanson, Chier first come, or to his Lord hip on application the local Legislature, but he submitted that they were ready to do and dare anything. quoted, July abares have changed ownership.

1 Upon the applications, the case was further remanded for one week, bail being allowed, as before, in the sum of $101,

'CHIT COLLECTING.

A NOVEL METHOD.

40

When they have finished fighting they will go back and take care of the English who visit the islands from Shanghai in the holiday

SCESOD.

naged to be in hiding all these months. But *People have wondered how Togo has ma- among the islands in the Korean Straits there are many hiding places. And wat better spot onds of brave little fahing craft moving about on the face of the waters there, each acting as a could he have chosen? Were there not thou

Lands. Shanghai, have been sold at Tis. 110 and Tls, 121, and are in strong demand at the close.

Coltons. Ewas have changed hands at is. 1940. Loau-Kong Mows at Tls. 40,41,42 are also wanted and a bid of Tis. 371 has been and are in demand at the close. Internationals

refused.

for habeas corpus, or to the Governor sabse there is nothing ultra vires in section 10, which quently that as a fact the application in a

must be taken, as it surely can be construed, as mere cloak in order to punish him for a expressing the meaning of the parties to the crime which is not an extradition crime, then Treaty of Tienisin when they used the words he must be discharged. The question of the

'upon proof of the rguilt." The restriction in intention of the Chinese Government is one the Treaty is not that such evidence must be of fact and it lies upon the fugitive given as would justify a jury in finding It is fortunate for a great many people in to establish by satisfactory evidence the exist the fugitive guilty of the crime charged, but Hongkong that the collectlon of chits is not ence of the alleged intention on the part of that proof of his guilt, that is to say, evidence conducted on the same informal style as that that Government. That is the effect of the of his guilt, should be taken by the Magistrate which was brought to the notice of the judge words in fact with a view to punish for an before a fugitive is surrendered. The Ord! in the British Coout for Siam a few days ago.

Sugar-A sale of Perak Sugars is reported In that delightful country if a man shouts loud offence not an extradition crime. In other words,nance and the Treaty are not to be construed

for cash at Tis. 71. July shares have been enough the police make an arrest or, if toid to he said, a fugitive must not be surrendered if separately. The former is complementary to scout for the Admiral? Not a single ketchbooked at Tls. 73. For next year's delivery attest any one, the guardians of law and order the Court believes from the evidence which he and explanatory of the latter, and gives effect there is the mouth of the Inland Sea shout two April Tls. 83.

could have passed through unnoticed. Then February at Tls. 81, March at Tis. 81, and sales for January have been made at Tls, 86, subsequently make investigations The other tenders that the real object is to punish him for to the intention of the parties hereto. As there hours away, and Togo could have received top proceed to put the request isto operation and

day a man was sued for Tcs. 5oo damages for an offence which is not an extradi son crime. is a Treaty it would seem to be unnecessary to and recruits in less than twenty-fo r | Mining Cola shares have been effected at Tla, :

Mining Sales of Chinese Engineering and during the hearing of the case the following fused though the requisition, be for an extradisider whether the local legislature could hours, for the Inland Sea is as full of seafaring 78 and Tis: 7.80. Wei-hai-wei Golds have not tion crime if the Court is satified that such sepass an extradition, Ordinance in the absence men as the Cornish waters are of mackerel. ff been asked for, except at the cheap rate of $9. Defendant said that he had been applying toquisition is merely a cloak and that the real of a Treaty ; but he submitted that it cannot the Tear thinks he is going to tire lapan out,

Raubs are wanted al $;j. - Plaintiff said he had only been in Bangkok intention is to punish for an offence not an ex- require a Treaty with a foreign country to con and reduce her forces to impotence, then the Tla. 68, in Langkata, cash sales are published

wrongful arrest and false imprisonment, and

· observations were made:--

plainuff for ten months for the chita,"

eight months, and it was not true that defen- dast had applied to him before.

His Where the chits?

Mr. Clement's possession.

Its conceded that the surrender should be re

THE COLONIAL LEGISLATURE

Tobaccos-Sumatras have been placed at tradition crime; but he repeated that the anus

fer jurisdiction upon

sooner he takes an excu sion from Nagasaki at TIs. 210. For this month's settlement sales whe on the fugitive to establish the existence of

vid he Korean Straits and the Inland Sea to at Tle. 220, Tis. 219,317) have been made. Mr Naylor said he believed they were in such an intention on the part of the Government and to pass an Ordinance affecting persons in Kobe the better for the Russian people. Even July at 772, 2321 and T15, 230. September at

the colony. Jurisdiction is conferred, on the Englishmen are ignorant of the mighty reserve of China. That he had not done. The prisoner

Tis. 227) October at Tis. 210,227) and Tia His Honour: What sight has Chief napec- had given no evidence to show that the ex. Legislature'upon the Charter of the colony of seamen who live on the Inland Seas. Moth- All the above are ex dividend of. Tis. 5-paid 115 November at Tls. 222) and Tis, 1374. tradition was applied for in order to punish him pass laws for the peace, enter and good gaying throughout the country impresses one more 15th inst. for a non-extradhlon crime. The only evidence erament thereof. An extradition Ordinance, beth in that mighty aquarium where Japan breeds adduced before the Magistrate showed the fugi nid, is one conceived in the interests of peace sailors.-W. MONRO ANDERSON. tive to be charged with being a bandit-an arm-order and good government of the colony and might undoubtedly be passed even

tor Clements to keep these chits? Where is

Mr. Clements?

Mr. Naylor said he had asked him to attend Court, but had received intimation that he was "His Honour: I bave never heard of such

sick.

ed ebber. No evidence was adduced before though no treaty for the motust surrender of criminals existed. Instances in point are the blalay States Fugitive Criminal Ordinance.. 1903 and by the North Borneo Extradition Legislature to pass an Extradition Ordnance Ordinance, 1896. The power of a Colonial

a high-handed action, to lock a man up on no this Court in support of the allegation against criminal charge whatever, and then to keep the Chinese Government. But there were two private property in this way.

A police constable was called to give affidavits-one by the defendant's solicitor ex evidence and,

pressing an opinion that the evidence before the Magistrate showed the intention to be such

His Hongur asked:-Do you arrest people at anyone's suggestion?-Witness replied that he did, he was quite fustified in doing so; there might have been a murder or anything.

His Honour: He never told you why you should arrest the man, or what offence he bad committed?-Ves, I asked him why, and be said becante he would not pay him,

But what right have you to arrest any man be cause he does not pay

If I had not I should have been reported and got into trouble.

as he alleged, and another filed by the fugitives recognised by the Extradition Act, 1870, In which he said he was charged with being a These Ordinance he proceeded to quote and vagabond. The Chinese word, however, was not vagabond but bandit. There must be some continued, The answer to the first of the evidence brought forward by the fugitive of an

subsidiary questions, "is the prisoner entitled

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A VERITABLE FAIRY LAND.

REAL GERMAN FASS BEER ON DRAUGHT.

Entrance.

Do.

Do

4 months' sight France Bank T.Tu Amarica-Bank T.T. Germany-Bank T.T.

J/100 10 9/16 110 19/16

- 3:35.

London-Buak T.T. .....................

demand.............

'DIFFICULTIES AND EXPENSE.

Admiral Sir John Hay, presiding at the | India T.7.

annual meeting of Repter's Telegram Com pany, observed that the Russo-Japanese war, which formed the chief topic of his remarks last year, continued to engage the energies of their correspondents There was nothing

(apan-Bank T.T. Java-Bank T.T.

Do, demand. Shanghai-Hank T.T.'

Buying..

.140

71 #92

months' sight L/C.1'10 13/16 6 months' sight L/C. 1/10 15/16

months' right do.

47

His Honour: You did not say that before intention on the part of the Chinese Govern. to be discharged because he has not been striking to chronicle in this connection beyond 10 days' sight San Francisco & New York 46 ment other than that expressed in the requisi-proved to be guilty'? must therefore be in the the fact that they were fortunately in a position tion before the contention of the existence of negative. The answer to the second subsidiary to furnish full and prompt reports from both such an intention can form the foundation for question:supposing the Magistrate to find sides of the battles of Liao-yang and Mukden, the prisoner guilty is he entitled to his dis- and they also had the first news of Admiral an application for his discharge:

charge because the Magistrate would have❘ Togo's great victory. The last me he acted without authority from the Legislature addressed the share! olders he alluded is the and therefore beyond bis jurisdiction", must, he great expense entailed in repontog the opera

tions by land and sea. Latterly at any rate,

His Hoppur: Have you any right to arrest anyone for anything not a criminal offence, in this way 7-Yes, if you told me to arrest a man I would do it.

..

THE TREATY OF TIENTSIN,

The next point reserved, the fourth objection, that the prisoner had not been proved guilty as

His Honour: You would? Then it is about required by Article at of the Treaty of Tientuin submitted alio, be answered in the negative; this heavy expenditure had not been covered

the matter.

Magistrate to commit on prima facie proof by the receipts; indeed, during one month because the Legislature plainly authorises the and there must have been primacie proof if at least, a rot inconsiderable loss was in- there was proof to find the prisoner guilty. It curred. This was due to the fact that little maintained that the Treaty and the Ordinance are in harmony but if there be a conflict the ex-

or no news was being received; as in the press declaration of the Ordinance of a Legisla. Case at present, while expenses were going ture acting within its jurisdiction must prevail. on all the time. Fortunately, however, for

!-

30 days' sight Sydney and Melbourne '1/18 1/16 months' sight Francs....... 39 6 months sight 32.803 1 months' sight Germany name-15,63 Bar Silver aft Bank of England rate ................ Sovereign...

OPIUM QUOTATIONS. To-day's quotatlers are as follow

Malwa New...

Old

#

Older

time you were taught better.

Witnesa said that the defendant was very excited, and he thought something worse was His Honour: The only trouble was about payment of money, for which the police had no right whatever to treat anyone-The defen dani said we were to come "quick, quick," aka that question must be settled by the Court. The treaty was it may be conceded the raison the shareholders, the olfer branches of the Patna New adaannaa

he would not pay some money.

for that.

His Honour: But you could not arrest him Witness replied that he would, as if he refus ed he might have been reported and have got into trouble..

His Hosour said that these were the two

was next dealt with, the Attorney General des Cribing it as a very important one in respect of the question raised under it. It raised a very serious question with respect to the validity, if not of the whole of the Extradition Ordin ance, at all events, of certain sections of it, That question was the ultra vires of the legis lature.

not been raised before.

The Chief Justice.I take it the point has The Attorney General-No, my Lord. The first answer I make to this question is that if it was necessary to prove the prisoner guilty in the sense of establishing his guilt in the mind of the Magistrate before he could be committed, that was done by the evidence of two witnesses,

Oldeit

Paraiso (Tauer

Benares New

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Per picut (1,140

.. 1,80

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To-day's Advertisement.

LIMITED.

d'etre of the Ordinance, but it did not create company's activity, which they bad carefully the jurisdiction to pass an Ordinance. That fostered, made up for the deficiency, and rests in the Colonial Legislature, altogether

nd-pendent of the Treaty. Hongkong is not indifferent results in one department had been a foreign country. It is an integral part of the counter-balanced by profitable business in an- British empire and it cannot require a Treaty other. Their chief pre-occupation during the most high-handed things he had ever heard of

with a foreign country to give the Legislature past twelve mombs had been the service from first to Arrest a man without warrant on such a complaint, and next for the defendant in this

Where the Legislature it by way of Order in Russia, where the collection of news had be Jurisdiction over persons in the Colony, case to be arrested in the police station and

Council operating in a foreign country then come a reality, owing to the abolition of the THE DAIRY FARM CO., sent into the gaot here also without any

the jurisdiction is derived from the Treaty and censorship, which had existed from time im- warrant. They were two of the most high

must be in strict accordance therewith ; and memorial. In order to be able to do full justice handed actions he had ever heard of.

Another Indian police-constable gave similar namely, the woman' who was robbed and wherever, there is a treaty and consequent to the new state of things, they lost no time in evidence. He said the plaintiff was arrested her amah. The Magistrate after heating witsible be construed so as to carry out the plain strengthening their staff in that country, and

legislation to give "effect to it will where pos because the defendant made so much outcry, nesses for the prosecution and for the defence meaning of the Treaty but he conceded and were happy to say that they were now in a posi His Honour: I see, if a man shouts loud came to the conclusion that the man submitted that if it were clearly apparent that the tion to furnish their supporters with detailed enough the police will make an arrest ?—Yes | A

was guilty and committed him to be surren legislature intended to depart from the Treaty and accurate accounts of the important events (laughter),

Honour: Oh, you would! Very wall.

dered

the Municipal courts, where the two conflicted, You would, under such circumstances, arrthit The Chief Justice. We have not got that he bound to give direct to the Actered considerably hampered at ope The wild be of in the Russian Empire. wore 1, that the evidence given before the Magistrate simultaneous illness of two of their English THE BEST SUBSTITUTE The Attorney General, Yes, we have. The did not mount to prima facie evidence of the representatives, but were fortunately in a post- act of his being committed. It is not necessital for criat as required by section to The tion to fill the gaps without delay. Both the prisoner's guilt anfficient to warrant his cora- sary for one to prove that the Magistrate Attorney-General, aftes quoting authority to gentlemen la question were now completely absolutely found him guilty.

show that the Court had no power to review, stored to health. They were taking advantage of the decision of a Magistrats on the question the establishment of direct talegraphic com

anyone on request, whether English, German, Danish, or what not

Witness replied that the Police orders were that if they were told-to arrest anyone they must do so. If he knew the person's language he would ask him what he had to say, if not he would arrest him and bring him to the sta- Partion, ek

His Honourt So you would arrest a man

Yes (laughter).do

officially on the records.

The Pulane Judge-In short argument Mr. Ferrers stated that the Magistrate, bad dope so

of fact where the Magistrate has committed

the person to extradition, asked that the

munication with Abyssinia to extend their

aft

rule for habeas corpus be discharged, og organization to that country, and a short time

2 and find out what it is all about afterwards the Attorney General. They are blowing. Mr. Ferrers baving replied to the argument of since they published the first news message |

* This closed the case for the plaintiff,

WE RECOMMEND. A TRIAL

MARLENE

FOR COOKING BUTTER:

PRICES!

D. Print.

hot and cold, and on a hot day like this they the Crown, their lordshipsreserved judgment | which had ever been received by wire from the Hongkong, a9th June, 1905,

No. 1A, WYNDILAM STREET, Hongkong, aand April, 1905.

THE POPULAR

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FM. THE KING

Fand

HRH the PRINCE of WALES

Sapplied at all the LEADING CLUBS Bad- HOTELS, and to be obtained from the pilocipal Stores

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