1921-06-30 — Page 2

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NG CASE.

Revolt not Proved.

At the Magistracy yesterday afternoon, Mr B.. B. Liedsell gate his decision in the extradition rase arising out of the trouble on the J.CJ. str. Tjikembang. Ten. Chinese, one of them a "boy" eni ployed on the ship and the others paakngers, ste concerned,

Me G. H. Wakeman, Crowe | Solicitor, applies for their Fue

reader to the Netherland East; Jodies an a charge of revolting against the authority of the Cap tuin of the Tjikembang.

The trouble arpse over the alleged unwilltegoed of thai Tjikembang's Captain to mete outĮ

to puziekment proper Javanese cooks, with whom one of the fugitives the "bay" of the Įship, had a tight

IWO

Mora M. K. Lo and 120 d'Almada appeated for the dhen fence.

The Magistrate: Mr Wakeman,

I have dienvered, since the list | hearing, that there seems to be evidence against the ninth Híugitive.

DO

Mr Wakeman: That is so, your Wor-hip. I was going to mention it to-day."

The th fugitive was Record- ongly viischarged.

The Magistrate, remaking, that it remained for bins un reply to the legal points raised, then read his finding as inilows.

-The legal points raised at the last hearing by the solicitors for the defence were three in number.

1. Trt was that the extra ditable offence of revolt at sea hat ino; been shown to be an offence in-

etabl under these of this! Colon

The answer to this is that there run be an possible doubt that the Stante 11 Wat. III c with all thei Acts of Parliament passed prior to 11913, were made part of the law of this Colony by Section 3 of the Judature Ordinance, 18,

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2 The second point was even if the extraditable offeace of fresult on board ship is derived from the e ime of statistory piracy under Section 5 of 11 Wax. III. e. 7, the fugitives in this case must be dis.;

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Though I have some doubt an thik | print. I am in lined to think that jdespite de silence of Halsbury, Kasaud Stephen, the words in the Art any person" are general, If any person makes, or endeav tours to make, a revolt in the ship"- Įthis must surely inchulde passengers | as well as members of the crew. Halsbury, at p. of Fol. XXVI states that at common law the master has absolute control over the passengers and they are bound to obey all his reasonable orders etc.'.i Hence the words in Section of the shore Act if any person shall lay violen: hands on his commander", mast I think be read in this light,!

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The Magistrate thought this was covered by the concluding words of the Treaty which he had already quoted.

His Worship pointed out that that the requisition from the the last part of the Treaty and Setherlands alleges the crime other crimes me to be included." of conspiracy to revolt, all we need Mr Land the authority was do is to come before you and any It that that is not an extraditable perfectly cleas in Halsbury, was stated that an extraditable offence under the Treaty. crime waa.cne which, il committed in England, would be one of the cripes enumerated in the Extradi- tron Act and included in the Treaty

He d'Almada said that it had been clearly held that one could not render was made. under which appliestion for suf-

Worship thought that the be extradited except for an extradit concluding paragraph might coverable offence within the specific other crimes which were indictable terms of the Treaty. If the requisi- under the law of each of the tion breught a chaige of revolt what

would the Magistrate do then? countries concerned. Bu

The Magistrate": I shall naturally Mr. Lo: How can your worship

discharge them.

It was agreed that the solicitors. You have concerned should be given a

resist the entitated authoritiesjoberge on the provisional warrant being included in the Treaty with no charge of revolt has been made if they are subjects, are said to be wider which each of the furtives the Netherlands. ian state of revolt.”

for me to It'carnat Y doubted that the Cuptain of a ship at sea is a con-wait the arrival of the requisition It is unfortunate that there are noj

stiinted authority ta

the and warrant, of the Netherlands |recorded cases bearing directly on

subject alia overnment. Only then will this point

The case of Rec. Pengers on board are Mefirezor, quoted by Mr. Lo, really) (Halsbury XXVI. p. 20 already appear what is the exact nature decided nothing beyond the point geted) The question I have to de-of the charge on which the extradi that a revolt could not be made by ride is whether there is evidence in Ition of these fugitives is sought.

Mr d'Almuds: lo the meso.. a single individual

this case of actual resistance by the

dirent that these men be detained The case of Itex. 4. Smith (1948) fugitives to the authority of the time take it, your Worship will Cox 412, alsu grotel by Mr. Lo, Captain of the sa. Tjikembang. or be disobarged oỡ hait.

Mr Lindsell: Certainly: there does not earry us much further. It-The evidence of the witnesses, is true that certain remarks of the though to some extent conflicting, is no question of committing them Recorder go to support the viewpokes it te rlear that the to gaol.

Mr d'Almada submitted that the that the Statute 11 Wm. II. ez re-attitude of a number of passengers, fers only to mariners and sexmen, headed by the fugitives, was ex warrant being the only document bat ibose remarks were more obiter treedinghy truculent and menacing. Upon which the Court had proceeded detain these men for any crime lielu and unnecessary for the declare it was their threats that led the and the only charge on that warranti now, because the only power is!

being revolt, then it the Magistrats under the warinuts? sion of the case. The legal point on Captain-in real apprehension of was satisfied there was no revolt, acquitted them of the crime on the opportunity to consider "the new which the prisoners in this case danger to the safety of his ship to those persons were entitled to their wortens. I think it would be an legal points raised. The case was

unbeard of thing if the Crown had adjourned for another week. were discharged was, in fact, that, take measure, contrary to his own immediate discharge.

The Magistrate: I don't think applied to you to deal with the case having been illegally shipped they better judgment in dealing with

80. I do not think I am entirely in the way which you propose,

The Magistrate':

This is a very Jegal obligation to the certain members of his crew. master and hence there was no re- Is a menacing attitude coupled bound by the charge as it appears

exceptional cite, Mr. Lo.

It is reported that the trustees volt because there was no oblign with threats coficient to constitute on the warrant..

On the warrest must recognise that. Mr d'Almada:

Mr. Wakeman... My submission of the Crystal Palace “are pre- tion. They are not indictable be-ja revolt?

your Worship's duty was fo'remand cause they were illegally shipped. In my opinion, it is not surient them from time to time until the is that you must await the requisi-pared to spend money on the ground if the F. A. will grant was received and sotion, and the warrant. Uätil and had no common duty to the I consider that some definite act of requisition

time "your cannot say them the Cup final tie for master because the ship was in port vinlence must be proved before a evidence should be taken. But that

and what offence they are charged for ten years upon rather bette and in no danger.

elorge at revolt can be established having taken the evidence

terms than formerly On this point therefore, though it must be remembered that the heving found there is no revolt I wild.

did not attach Accommodation for 93200 000 submit they are entitled to their Mr Wakema with some doubt, I must rule against Statute of 18 declares revolt on

discharge and that your Worship's great importance to the fact that would be available under ap board ship the defence.

* the Treaty and Act did not always | posed extrusion scheme. a statutory piracy-p

Mr. Lo socisted himself with agree. He thought the men must. An unusual incident seen Thirdly, the defence argues heinous crime visitable with the Powern are at an end that there is no evidence of any most coplign punishment. Here the what Med'Almada bad said. The be detained until the expiration of at the R. and A Spring

at St Andrews. "A". actual revolt marle by the fugitives; only act of viclenec spoken to is the only possible erims which it sixty days. A

The Magistrale Supporing the storm swept over tha and this point brings as to the threatening of the Captain-right at seemed might he brought against consideration of what the mean the beginning of the disturbance the men was of "conspiracy to requisition arrives and the Dutch one of the rend

Assuming that the re-Commul proves to me that con- home green had " THE NEW FRENCH REMBUT. ing of the word revolt. Here, 1 by an unidentified passenger with a revolt. THERAPION 'No. 1. carnot do better than quote the pice of Lon. Conspiracy to revolt quisition from the Government of spikey is a crime against the law heil Andrew Ki THERAPION No. 2 words of Lord Abinger's summing there perhaps was, but no actual Netherland ladies required the of the Netherlands, se, it is to sweep porti THERAPION No. 3 up in the McGregor case already revolt; a common law misdemean men fu be surrendered on the admittedly, against the law of clear

ground of conspiracy to revolt England sad of this Colony to quited-

our, but no felony. My fnding on then, Mr. Le urged, it was the Mir d'Almada I think your med "By revolt understand some this point, however, does not entail Megatrake » due to discharge Worship Has pissed, yourself in a on the thing like redlion or reaistane the immediate discharge of the them because courpurney to recolz, Yery awkward position, Esting un to lawful authority. Persons who fugitives Tram not bound by the was not an extraditstle crime, not taken the evidence and found that per

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