1915-12-24 — Page 9

EXTRADITION DEMAND

FAILS.

relation to the decision of a

ministerial.

THE HONGKONG TELEGRAPH

SECOND EXTRA

OF

aball

300

10

HONGKONG, FRIDAY, DECEMBER 24 1915.

be

VOLUNTEER RESERVE

ORDERS.

*** Orders vinene:{

P. of W. Camp and Gun Clubs

Parades.

the let January next.

that

SERIOUS FIRE.-

Sagar Store Completely.

started

wood.

ww

wicky

demolished.

Destroyed.

Works

thenes in the

VOLUNTEER ORDERS.

Corpe Orders mund to day by

Liat Col. A Chapman, VD.

statem

Leave,

leave of absence from 23.12.15 to Pte. P. S. Thomson is granted

28.2.16. -

Transfer. Private F. EL Dillon from Civil Service Company to Engineer Company, dated 23. 12. 15.

Parades.

CORRESPONDENCE.

HONGKONG & THE WAR

(The oprions expressed by the } WHY NO MORE MEN CAN BE

Hoogkong

·

I have received eɔnzibati xəs

| Treganter (HPW...) Mr HMI

ward.

|

Line No. 6 (sko-iedzni

above)

Loute Now 1 ta(read: ad-

koowledged)

F8475

b

*

SPARED

It the Military Authorities bald be eventually of the opinion that men could be -pared from the defence of the Colony for the front, I trust Remitted Total ammut glad. 3844.75 such men should be fit forth thu E. Es views will be that

on the 13: November 19-5

12000

Grooming from the Regulara, Tar

ritorial Force and lastly from the Volunteer Forces.

tu further

the

to

-HABLAS CORPUS CASE. 1 jary, that is "The Court of vance to intervens was shared Trial" the duty of deciding a case equally by the Magistrated įwbars a prima facioase was not, | He was closely of opinion, there- in bia opaaien, mede out, on the fore, that the magistrats was re- Fadgment of Full Court. ground that there was legal evi-quired to give a finding to the fugi dance on which a jury could tive whether he, the magistrals,

to-day by

Testerday afternoon «^ serious correspondente are not nec004- pombly convict. If this view was ; whe satisfied on the evidence top. Major Wakeman, Comoding fire broke out at Mangkok, as aarily those of the the correct one, he would have dared by the fugitive or zot that HẨVE, staze ---

result of which three valuable.

Telegraph."]

Mercantile Comt no hestitation in holding that the requisition for his surrender

buildings were seriously dam To the Editor of the Hongkong

at III-advised Segs that was an abuse of the magia- bad in fact been made with & Tie

aged. Apparently the fire

Telegraph.]- trate's power inserach as it to try or punish him for an offence

at the Kwong was tantamount to a refusal to of a political character. The

The following letter fro "PIPES FOR MEN IN THE

the Tos General Offices Command Fat Shipbuilding yard, which is

TRENCHES." This moming the Chief Justins exactise the power which the law magistrate's decision was subjser ing has appeared of the socepatrncture of corrugated irus and

Genwal Chamber of SB.CR of the chiar of the i

St-La month you vace to the Hon. Colonia) and the Pune Jadge delivered" £*ve him. The Crown had, how-to review by that Court. His wOfficer Commenting: Wing Sch{-

ever, urged upon the Cours that obliged to express an opinion on

Despite the efforts of the Free kindly allowed me, through the has been sent to us for judgment in the case of the appeal the language of, tha Magistrate (the point although no power was / Battalion K. & L. Li Furminis

Yaumatisod columns of your paper, to thanktion Brigades from ing his release under "Habacz! #38 2ot open to such a construe- (xxpressly given to the magistrate the duties on Saturday:the 256k slongkong, the fame quickly who had contributed towards a of Hung Shui-lung, who is mosk-

numerous ladies and gentlemen 15

Bongkung General the Keng Sang Fand to parousse pipes for our Corpse in the extradition proosed-ion, and that it amounts to auto discharge the fugitive, if he instant-Those detailed in Corpe

of Commere Tags which have been occupying/expression of strong doubt se to was satisfied on that point. The Orler Na 94 of the 17th instant King Engineering

will not therefore be required to and the stitution of the Fall Court the guilt of the fugitive, but that words

brave soldiers who are nobly sad be decides to commit for trial surrendered

24th Dece for soma-tions past.

matter attend.

Hang Hing Sugar and Candy cheerfully enduring the terrible

hardshire

Sir The Committes and discomforts of Chamber has had its The Attorney General (Mr. J. there is evidence which a jury, appertaining to the Executive,

Stores, where owing to the H. Kamp), MER. H. Sharps, Kiwing the evidence differently, in which the magistrate was There will be no parades durinflammable nature of the stock, each life during a very Prere drawn to a contributeć UL, and H. F. C. Jenkin, appear night comvict apon without the not concerned. It was also pointing the week ending Saturday the fire burned very fiercely, and winter's campaign. Snow the last cle entitled The ad for the Crown, while Mr. possibility of their verdict being ed out by counsel for the fugitive,

this building was absolutely knowledgment was published. Hundred which appeared in the Eidos. Foster, in rooted by Mr. aside. By this he thought and he agreed, that if the magie- Bration, represented the fugitive, they must assume that the magistrals' view was correct, his duty

The shipbuilding yards are amonating to $20 from the fol- Daily Press of this mersing and ha- noted that similar expressions. Among the in Court was, his reference to jury or on that point was completed when by the magistrate, is false it insured. The damage to the lowing, to whom I desire TO #2

"the Court of Trial," "mart, be he had the Hon. Mr. Claud Severa

communicated bis meants to a conspiracy to convict Kwong Fat Shipbuilding yards press my apprecisting of their of opinion have been vauded be takan to have implied that there is opinion to the Governor. Such this man of an citence of which amounted to $250, to the 80-da Azu If these be views held by the

tore in the press of the Colony, (Colonial Secretary).

sach evidence as a jury, viewing an intimation – would The Chief Justice said that the the whole of the evidence ress been expressly provided for to jury could have the least the Sugar Store $55,000.

have he is innocent, and he thought gineering works $1,000, and to G. Sumphreys RD. O Community generally, I suggest

Hodgson (Canton) ra Eran that the time would appese case raised questions of gratably, could properly convict apon, in the particulars of the report doubt as to the motive which importance-sed involved elaborate and that the reference to a coario which he had to furnish to the dictated such a conspiracy. It ler were slightly injured.

Engine Drivers Grant and Fow-Jone; JJ; HW.L; GL; LY

Lowsing, Mr. Mstation by the Government

propriate

for argments on practically all hon baing set aside on the ground Governor after committal. The was admitted that the fugitive

Maitland; C. H Shield - (Cent) of scheme of registration aspects of the Ketradition Law. of absence of evidence must be obligation on the magistrate was, was a political rebel, and in

Willism and Kathleen William-imilar to that initiated by Lerd after referring to the sections

er which the fugitive hard to mean such evidence in his opinion clear that the fugis various official documents from

Derby in Great Britain. beam committed he mid that he jury could rearably and tive should be informed whether the Government Gazette of Canton had had occasion in two recent properly convict upon. Alterfall or so he had satised the he was stigmatised as a "rebel of the evidenes the worst kind.” Documents could cense to examine the authorities consideration, he had arrived at magistrate

to the daty of that Court in the conclusion that on reading which he had sendered, that be leave no doubt that up to Jazaury the judgment as a whole they was entitled to his lihaty. The 1915, the fugitive was required magistrate under the Extradition language in placing the construc point amounted to a failure to die bad read the evidence www not doing violence to his sction of the magistrate on this as a rebel and political criminal. Ordinance. They laid dotion which he had placed upon assecine the jurisdiction confer of the Crown-witness from the briety, that that Court was not it. It was contended, and, he red on him. It was based, he village and be thought it was Court of Appeal from the thought, with some force, that if thought, on a mistaken view surrounded by such redoubt magistrate on quastions of fact,"

Balance in band $20175 a magistrale, having formed, as of the law and in itself vitiated to fally justify the opinion but had only to see that he had su hi the magistrate had here, strong the committal,

Pipes are still budi Deoded by bare done, and are desirous of Briteb frma and British Banks He could not which the magistrate had for svidence before him as gives him opinions in favour of the innocande sent to the suggestion par for od. The fagitire d

our brave fiebling me a France, watharily and jurisdiction to co of the accused, is to commit the ward by the Crown that the the whole story was an invas

be Darisaran, in fact doing everything in their power mit. That the suficiency of the fugitive in defiance of shoes magistrate's opinion on the point tion, and that the cook, if hestant Nil.

Parades for Saturday, 25th in-

everywhere else

let's they evidence to justify commitment is * question entirely for the pinions, that the discretion givan was covered by the warrant of ever existed, was never killed Paraies for Sunday, 26th in the invasion of a powerful enemy.

are being employel to repel victory, and towards this and

1 it has constantly him by the law is a mere committal, which, was merely sad that the coffin and grave warestant Nil rangistente; and that the decision

1 therefore beg permission to repressed upon them that it is of of a magistrate that the offence ality and his position is purely the authority given the merely mythical and simply the -Parades for Monday 27th in mind readers of your paper that the

importance For those reasons prison authorities for the deten-finishing touches to adorn the etset Nil abarged is not of a political he thought that the magistrate's tion of the accused; or that the tale. Such plot, if it were not

the Pipe Fund will be kept open faster the export and Overseas- obaracter is subject to review by committal should not be interfarmagistrate's intimation in his seriously put forward in a case stants7.00 sm Member of dollars will purchase two dozen to maintain the income Parades for Tuesday 28th in- until further notice. Every Eve Larrying made of Great Britain the Court. As to the finding of the rod with on that ground. The judgment that he had communi of the highest importance, would magistrate it is clear that he Chief Justice proceeded to concated his opinion to the Governor, savour mors of comic opers than other Signallars

Signaling Section sabriar pipe. I shall be extremely derived from business gemurally. regards the discretionary power the next point for the from which no discharge by the incidents in real lils.

detailei grateful to all who help me to Taïs they are endeavouring to de in Signalling Section Orderdaled obtain another $20) before the

to the best of their ability. two folds. He says in the fugitive, that under Section 4 of Governor followed, was a suffici The conclamen he had arrived 8.12.15-Marse Ag practice and of the year.

with considerably depleted statis the Ordinance the magistrate ent intimation on which the fagiat was that whilst the gravest Headquarters duty of the magistrate to commit,

slready engaged in certain Mil- required to (1) If in his opinion the evidence

giTa a2five could assume that the repte suspicion attached to the Crown's

tary Duties, given is suficient to put the express finding whether in his sentation of the magistrate was witcess frocs Sam To Chut sccused upon his trial, or, (2) if opinion the requisition for the hostile to him. The fugitive the official documents which fugitive's surrender had in fact was entitled to an explicit find- offered every possible induce the evidence given raise a strong been made with a view to try or ing on the law, and the event of ment for the area of the and probable presumption of the punish him for an affence of a the finding being against the

** rebel" and wars entirely silent, guilt of the accused."

Now, if the evidence raises political character. The magis fugitive he was entitled to pro- on the alleged extradition crime a strong or probable presumption rate, in his judgment, dealt with dace further evidence on the could leave no ressonable doubt the point as follows:-"The Habeas Corpus proceedings in which prompt the requisition for of guilt, it is undoubtedly somnient to put the scensed on his daty of the magistrate to form that Court On the further his su render. He was of

that the trial and would appear to involve opinion in this matter is question that they should remit opinion

requisition something more than the crid opinion. Any action to-be taken finding on this point, in bis punish the fugitive for an offence clear and I have formed that the case to the magistrate to give had been made with a view to EZOS DECORkty to establish s prima facie case and this is dem on the opinion formed was to be opinion they should not. In the of a political character, sad, in contested, if proof is neces Governor. In

not by the roagistrate but by the present case the magistrate, with his opinion, the rule must be by the discrimination shown in

my view, the all the necessary evidence before made abeolate, and the fagitive tae Act of 7 Geo. Cap. 64, in magistrate view is completed him, had declined to exercise a was entitled to his discharge.

In the course of his judgemast, Emiting the power of a single when he has communicated his power conferred by law upon him, Justice to a case where a stronger ready done this. It is not part may have been, bad deprived the with the Chief Justice, revered opinion to the Governor. I have and whatever the consequences the Foine Judge, who agreed presumption of guilt existe, of the magistrate's duty to inform fugitive of his legal right. whats no such limitation is

the points of law raised in the placed apon the power of the fugitive of his opinion." The

case, nod, star going carefully The Chief Justice went on to though the questions of fact - more Justices. He section protected the fugite say that then arose the question: ferret a wast was alleged to hare from surrender it be peres to Bas the fugitive satisfied this taken place in the Yn oil shop. the satisfaction of the magistrate" Court that the requisition for his struing the words of the that the requisition is made to surrender has in fact been made He concluded by saying that

adition ne conferingtwo alterna- tives on the magistrate in panish him for a political offence to try or punish for an offence would be pr etic.ly impossible

A similar protection is afforded of a political character ? power to commit. He could not

on such proof either to the Court Booept Mr. Potter's contention

was of opinion that the under- has the magistrate, to justily on Habeas Corpus proceedings taking given to the Executive fall of police and soldiers and the commitial, must find a probable or to the Governor, but he was authority was no bar to the duty prssumption which is the mini-constrained for the moment to which was placed on the Court, attention of the local authorities

On daty 20th inst., Scouta Co. manat ground upon which he deal with these alternatives of investigating the allegation of must have been focussed on the Officer on duty, Capt. Stewart,

www.zask observe, ONE commit Nor could he and

Firstly, the fugitive, Iaso far as the nnder-shop. It was inconceivable that

On daty 27th inst., Senate Co. ground for holding that the that the Statute was a penal one

Officer on daty, Tent Weall alternative, ie, the prime facting the liberty of the subject taking which was before then the friend of a revolutionary.or-of was concerned, it was no part brigand should be able to tamper

On duty 28th inst, Scouts Co Speaker Bor. J. K.- Uncoo- facie caso, governs the discretion and must be constrand strictly, of that Court's prerogative to deal with the case for the Government

Officer on duty, Lieut. Murphy, schia Mayairate, at the close of and, secondly, that the agistrate with it. He wished to be it that this was a final attempt to 2nd Jam, Capl. W. Brows.

in this manner. Farmore likely was

Orderly Bergt, from 28th Deo. [Thursday, Sch... City URL, Crown's witnesses, wherese had izpremely declined to inform however, that the fading of the

Subject: Missiona ascond alternative must be the fagitive of the conclusion he Court on the evidence before is to bolster up a tottering case. It

Chazmaz:-Bor. E. Copleyga ted to aid after evidence for had come to on the point. I aplied so want of bosa filles on mast not be forgotten that the high clan las Enfield Match Balance has been call. fact, the solicitor for the fugitive the part of the high oneil who Magistrate who saw the witness Bifle by Alax Martin of Glasgow,

stated in hí and the magistrate is con-

affidavit that had given the assurances, based for the Crown from Sam To Chuk Etted with G.8.A. Aperture Back ng the evidence a whole the magistrate, although

undoubtedly on representations expressed the rarest doubts ne sight, with cleaning ger dom quastad by counsel to made to him, from what doubt to their bona fides. The comdla plate, is for sale. This rifle was ing the hearing of the argudo, declined in, his judgment, to as he regarded as trustworthy 600 was irresistible that the the property of the late Pte. W.

strongly, at one time,

# ataging was done in the Dobbe H.K.V.B.it is nearly now to the view that the state the conclusion at which he had arrived on this point. As ho

Dealing with the facts, his interests of the prosecution. Fand is in first class condition, It had pointed out, the restriction Lordship said if the evidence of

At the conclusion of the reed may be inspected at the office of the guilt of the fagi- on surrender vesta squally in the the witness called for the ing of the judgments, the fugitive the Building Authority say week

itäntämount to s res Magistrates, the Court and the

was brought up before the Chief day between 9 am and 5p.m Sam To Chak Justice and discharged. He was (Saturdays 9 a.m. to 1 p.m.) ur at Crown from And the power the bona fidee of whom were Court and the Go-

merionaly

other times by appointment, TRZY

questioned however,subsequently r

conferred on him as alternative or

two had no hestitation în

of the magistrate was expression of nerious

be juriadiation

wis

Governor.

the

BOUZCOS.

-

[1]

M

تمومی

leaves

5.10 păm. Centre Section M. G. Co-Machine Gun drill as Kow loon Docken zul Statue Pier a: 430 pm

515 pm. Nos. I and 2 Sections Atty. Batty-10 pdr drill

leadquarters. Serge Bradley will attend

5.15 p.m. Left Section G. Co-Bayonet fighting at Head-

quarters.

Co-Machine Gan drill at Head- 5.15 p.m. No. 3 Scetion Scouts

quarters.

Yours etc., -ETHET E HARVEY. "Albertholwyn" 14," Paak Eoad, December 24.

WEEK OF PRAYER.

Its Observance in Hongkong.

It is causing- annoyance to British Firms to 20ad such views

bave beea calated, Combeless without much thought or real knowledge of the situation and the Mercantilə Community would - welcome definite expression of opinion from the Government on the

The Week of Prayer from | matter,

observed in Hongkong by united subject ss of immediate pablo January 3 to January 7 will be The Committee, regarding the meetings at 5:30 p.m. in the City interest, has directed that sopies Hall from Monday to Thursday of this communication shail br and on Saturday at 12:30 pm, banded to the press without waite the meeting on Friday being helding for your reply. at St. Andrew's Hall, Kowloon, at

I have the honour to be, Sec-530 p.m. The programine is:-

Sir, Head Monday, 3rd ...

City Hall Sabject: Thanksgiving sni Humilation.

5.15 p.m. Recruits of all waits Squad drill and R., exercise Major Higby.de st Headquarters under Sergs

tion-instruction

5.15 p.m. Stretcher Baster

quarters.

Detall

Gun Cheb Bill, Kowloos instant.—H.KV.R.

On daty until morning of 25-h

On daty 28th inst】 to 2nd. it was easy to see that Prox-Right Section M. G. Co.

Officer on daty L'eat. Kennett, P. of W. Camp, Kowloon :- instant E.K.V.B.

Da daty until morning of 20th

Be

for the defence to have stranged

# sny trickery. The little town was

Notice.

Chairman and Speater:-The Bishop of Victoria. Tuesday, 4th

City Hall SabjectTas Church Ua ivernal-The One Boly" of which Chriss is the Hat

Chairman-B Wd I wise.. Speaker →K+. T. W. Pasco, Wednesday, 5t). City Hall Suifject:-Nations and their

Ralera.

Chairman:-B-v. C. L. Cooper

Bunt

Moyle

Speaker--Rev. T. Bobinson Friday, 7th & Andrew »

Church Hall, Kowloon, Babj-ct-Families, Souvois,

Your obedient Servant,

D. LANPREE Chairman,

The Honourable,

The Colonial Secretary,

SANITARY BOARD.

The Sinitary Bard meats on Wodreaday next at 3.45 p.m. The orders of the day include

Letter from "Government re- lative to the appointment of Mr. F. B. L. Bowley to be a Member of the Banitary Board. ......

-Lester from Government relatiya to the erection of one water/Clos

No. 5Chater Road, Marins Lot No. 102 and 103, Queen's Benld-

Application for erect one priest W campos Colleges, and the Young

Worke N27. Chairman Be RL Marin. Application Speaker. McPuston erect 4 water closets Saturday, 8sham City dall. 4 Peru Villas,

Subject: - Home Mussions and ot No. 576, actions D. the Jews.

Chairman and Speaker-Rev.

Fope

Up to the Mients