1928-01-30 — Page 2

HEAR MUSIC PLAYED CHINESE EXTRADITION

BY THE FOREMOST ARTISTS IN YOUR

OWN HOME ON THE.

MORRISON

ELECTRIC EXPRESSION

LAW:

APPLICATION BY HONGKONG

REFUSED.

THE HONGKONG TELEGRAPH

HANDSOME GIFT.

LARGE SUM FOR EDUCA TIONAL SCHOLARSHIPS.

of

MONDAY, JANUARY 30

COMPANY REPORT,

HUMPHREYS ESTATE AND FINANCE COMPANY.

We are happy to be able to an-

The report of the Directors of the A very important judgment in-nounce that a generous Chinese Humphreys Estato à Finsate Com volving the extradition of Chinese donor has given the sum pany; Limited, for the year. Ended to placas-abroad where they Are $100,000 for educational purposes 31st December, 1927, for presentation alleged to havo committed in Hongkong

to shareholders at the annual ordinary offences, has been delivered by The patron is Mr. Wu Hay-general meeting of the Company to Judge Liang Lone in the Shang-tongy-one of the bast-known mem- bo held at the Hongkong Hotel, at 11 hai Provisional Court, in con- ber of the local Chinese commu-a on Thursday 9th February, nexion with the case in which the nity. Mr. Wu is the river ship-

Blates rent. Hongkong Police applied, through

PIANO DE LUXE the Shanghai Municipal Police, for ping magnate too was two of Directors and General Managers

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the extradition of one Cheng Cheung-lai, who fa wanted here on a charge of fraud.

Judge Llangʻsaid:"

the leading steamers on the Canton run, and is interested in a number of others. He operates the Chinese business of the Macao

The not prent after deducting remuneration and including $95,410 32 brought forward from last nccount, amounts to $272,191.95, which the Directors recommend should be ap propriated as follows:

On Docember 30, 1927, the de- Steamboat Company's and Messrs. Pay a dividend of 80 cents

fendant was arrested by the Municipal Police at the tole graphic request of the Hongkong authorities, on defendant's arrival from Hongkong, and brought be fore this Court on a charge of fraud alleged to have been com- mitted at Hongkong.

At the commencement of the proceedings, the prosecuting soll- citor for the Shanghal Munici- pal Police, after submitting the affidavit of the Hongkong Police and calling the necessary wit nesses to prove a prima facie case, asked the Court to give an interim decision as to whether the de- fendant should be extradited to the Hongkong authorities for trial, or cise be prosecuted in this Court.

Butterfield and Swiro's local river vessels.

Mr. Wu has attached no condi- Hons to his gift, except that the fund shall be devoted to scholar- ships. The gift is very welcome and sets a splendid example of public spirit.

receive every fugitive, and no authority has been given to our executives to deliver them up." Attorney-General Wirt thought also in 1821 that the President of the United States has a power to make the delivery unless under treaty or Act of Congress.

per

#hare

$120,000.00 Pay

a bonus of 20 centá por share a 30,000.00 Transfer to Typhoon &

2,096.02

Flood Insuranco Fund

pairs Transfer to Special Re

and Renewals. Account

18,680,41 And carry forward to new

Profit and Loss Account 101,415.52

Directors,

$272,191.96

The Accounts have been audited by Fleming, and Messrs. Linstead and Messrs. Percy Smith, Seth and Davis, Messrs. Percy Smith Seth and Flaming, and Mesars, Linstead and Davis offer themselves for re-election.

resigned on leaving the Colony, his During the year Mr. A. 0. Lang1 place being taken by Mr. L. J. Davies, Mr. L. J. Davies later resigned his sent on the Board and Mr. C. Gordon reply to the British

In 1834, Secretary Forsyth, in Mackle was invited to fill the vacancy. Minister, In accordance with Clause, 80 of the said, that "in the absence of a Company's Articles of Association, treaty, the authority of the execu- Mr. J. Scott Harston, Mr. W. L Pattenden, Mr. J. M. Alves and Mr. tive to exercise an act of such im-C. Gordon Mackie retire, but being Question of Treaty Obligation.

cligible, offer themselves for re In deciding a case like this, the portant effect upon the rights of

than election. first question for the Court to con-personal security is more

questionable."

Auditors. sider, is whether China is under

Matter of Personal Liberty. any treaty obligation to hand over

Mr. J.C.B. Davis expressed his to the Hongkong authorities a person who is alleged to have opinion in 1873, that "the au- committed an offence there, and thority of the executive to abridge over whom this Court, by virtus personal liberty within the juris- of the Criminal Procedure Act, diction of the United States and article 21, has jurisdiction. At to surrender a fugitive from jus- present, there is not in existence tice in order that he may be taken from their jurisdic- any extradition treaty between away

derived Lion,

from the thla country and Great Britain.

Statutes of Congress." Simil- The only treaty provision concern- ing this matter is found in theclared in the case of Trimble, 1884,

arly, Secretary Frelinghuysen de Treaty of Tientsin, 1858, which, that by the opinion of several At- inter alia, stipulates:

"If criminals, subjects of torneys-General, by the decisions of China, shall take refuge in our Courts, and by the rulings of the Department of State, the Pre- Hongkong, or on board the Bri-sident has not, independent of Lish ship there, they shall, upon treaty provisions, the power of ex- due requisition by the Chinese traditing an American citizen." authorities, bo searched; and, Again, Secretury Gresham, In hla on proof of their guilt, be denote to. Portugal in 1895, intimated livered up. AN

that "in the absence of a treaty "In like manner, if Chinese For an Act of Congress authorizing Tenders take refuge in the it, the President has no authority to houses, or on board the vessels, cause the arrest and extradition "of British subjecte at the Open to another country of an alleged Ports, they shall not be Har- criminal found within the jurisdic- boured or concealed, but, shall tion of the United States." In the be delivered up, on due requial-same way, Secretary Day, answer- tion by the Chinese authoritiesing a note from the Argentine in addressed to the British Con, 1898, made it clear that, in the sul."

Inequality More Apparent

Than Real.

United States, "the general opinion and practico has been that in the absence of a convention or legis This looks pretty like an un-lativo provision, there is no nutli- equal treaty, as it imposes on the ority in the Government to deliver Hongkong (mind, only Hongkong)" a fugitive criminal to a foreign Government, an obligation to de- liver up a Chinese criminal who commits an offence in China, but

power."

The same view is held in Eng- land and Belgium, although some, reaction has been noticeable in the

Divergent Opinions Among Jurists.

no mention is made of circumstan- former country since 1827, when ces in which a British criminal the Royal Commission was appoint- takos refuge in China. The in-ed to inquire into the question of equality, however, is mora ap extradition. On the other hand, parent than real, for, under the the contrary view is maintained in present system of extraterritori- France, Argentine, and Brazil. ality, when a British subject com- mits a crime, whether in China or elsewhere, he has, by treaty, to be handed over to the British au- national law, divergent opinion has Among modern writers on inter- thorities, no court of law in China always existed. Oppenheim, for having jurisdiction over him, and, instance,is of the opinion that, under present international unless a státe is restricted by an usages, reciprocity" between the extradition Jaw, it can grant extra- demanding and the acceding dition for any crime it thinks fit, states is one of the indispensable while many Continental writers, conditions under which the State notably Paul Fanchilli, maintain may justify itself in handing over that the principle of national Sov. ita citizen to a foreign tribunal. ereignity and international solidity, Stieglitz, in his "Etudes sur l'Ez- require to be combined to tradition," says:

solve the question of extradition in the absence of a treaty. For this reason, all writers on extradition agree in saying that there is no universal rule of customary inter national law in existence regarding this question.

"un Etat ne peut livrer a un autre l'individu se trouvant aur son territoire que parce qu'il est interesse a le faire en vue de s'assurer dans l'avenir, le cas etheant, un cgal concours de ta part de l'Etat requerant."

In China, owing to the existence Since Great Britain, on account of extradition has risen until re

of extraterritoriality, no question' of the extraterritorial rights en-cently, when several natious ro joyed by her nationals in China, linquished their extraterritorial is not in a position to reciprocate rights. Some Chinese juriste

by surrendering her subjects to maintain that, as the Constitutional China for crimes committed here, Law of China provides that it is she is, naturally, unable to re-the right-of a Chinese citizen to quest China to deliver up Chinese complain and to be tried before a in British territory,"

court of law, the Chinese Govern China's Municipal Law. ment cannot extradito a Chinese The next question to be decid- citizen without an International ed by the Court is whether, in convention or a statutory sanction. the absence of treaty provisions, On the other hand, the judicial China is obliged or allowed, by decision point to the tendency of her Municipal Law, to extradite giving up fugitive criminals with

government,

a person found in her territory two Russian criminals taking: ro out treaty. On February 24, 1922, on charges brought by a foreign fugo, in China, were, handed over on the demand of the Government of the Far Eastern Republic.

Rulings of Ministry of Justice.. From the decided cases and the

So far, there is no law in China either authorizing or forbidding the Executive Government to aur-

ed in two ways:

ΠΟ

been the handing back of foreign fugitive criminals who have taken refuge in China and

Chinese criminal who has 'committed an offence abroad has so far been extradited. This" view is endorsed by many jurista who follow the following dletion of F. V, Liszt:-.

"Nicht Ausgelifert werdón nach der knotinental-curo- paischen und sud amerikanis- chen Rechtsanchaung die

HUGE SALE

MEN'S WEAR

at

MACKINTOSH'S

Monday, Jany, 30th to Thursday, Feby, 2nd,

The brevity of Mackintosh's Sales is proof of their worth. Every article offered is this Season's steck, and as the policy of the House is to have no stocks to carry forward to next season, the mild weather experienced enables as to offer unprecedented bargains,"

REPRESENTATIVE REDUCTIONS

Summit

DAY SHIRTS.

French Print, sold usually at $6.50.

are now $4.50 Broken ranges of Zephyr, usually sold at $8.50 to $10.50.

TO CLEAR AT $4.50 Two collars to match each shirt.

eigenen Staatsange-horigen, SOCKS

auch wenn sie das Vor- brechen im Auslando began- gen haben”

8. Extradition may be granted not as a duty, but only on the international ground of cemity, The ruling of the

· Ministry of Justice in the above-mentioned Russian enac was based on this argument, and, in the case of Vobuhov demanded by the, Chita Government, the Special Judicial Committee, expresa- ed the opinion that the action was not to be taken

a duty, but as an ex pediency in the absence of an extradition treaty with Russia.

05

4. No foreign fugitive is to be extradited when the injured party is a Chinese citizen, On March 3, 1922, the Ministry of Justico decided that the request of the Rua- sian Government in Vladi- vostok for the extraditing of two Rusalan citizens who t were arrested in Tientsin and Harbin on a charge of murder and fraud, was re- fused on the ground that the. murdered and defrauded per- sons were Chinese citizens, "6. Extradition may be granted

only when the crime com mitted by the person who it fs asked to extradite, cannot he adequately punished by the law of the country re- quested to extradito. The t Special Judicial Committee, giving opinion in the above- mentioned case, further de clared that, even if the acced. ing. state is willing to tradite, it is limited to cases. in which that state has no authority to impose any penalty for the, crime com mitted, by the person asked for according to its own law. This is somewhat at variance with the prevalent, opinion and practice of other coun- tries that a person should not be extradited unless

ex-

the

Cotton, Wool and Mixtures. All sizes. Regular price $2.00 to $2.75

are now $1,00

And those usually sold at $3.00 to $4.50

are now

$2,00.

OVERCOATS Smart coats, usually sold "at $75,00

are reduced to $45,00 Aquascutum Coats are reduced one third off marked prices.

Some as low as

MUFFLERS

$55.00

all kinds at HALF PRICE WOOLLIES

Plain colours and fancy. designs, ALL BEING CLEARED AT

HALF PRICE

Some lovely ones

DRESSING

at $14.50

GOWNS Jaeger All Wool Gowns at ridiculous prices. Some reduced as low as $23,50

$7,50

READY-TO-WEAR

SUITS

crime for which he is extra-Lighter Bath robes at dited is punishable both by the law of the country de- manding and that of the country acceding. Unable to Grant Extradition. Inasmuch as the defendant in the prescut case is a Chinese citizen Chinese and Inasmuch as the crime and the complainants are also alleged to have been committed by the defendant is punishable under the Chinese Criminal Code (Art. 5. Soct, 16) and in view of the fact that Great Britain-cannot recipro

render to a foreign court rulings of the Ministry of Justice, cate on account of the extraterri- citizen of China who commits on the advice of the Special Judicial torial rights enjoyed by her sub- crime abroad. The absence of Committee, tho legal provision may be construc-seem to have been established:

following rulca jecia, I regret to have to announce that this Court is unable to comply 1. Extradition may be granted with the request of the Hongkong by the Executive Govern Police for the extradition of the ment. This is illustrated by defondant. This decision does not, the fact that in all recorded of course, preclude the possibility cases, the instructions of the of the Executive Government taking Ministry of Justice were different action in the ovent of the sought by the court of law. British Government making ap 2. No Chinese citizen is to be plication through diplomatic chan- extradited. Hitherto all exnels for effecting the present pur- tradition casos recorded have." pose.

On the one hand, it is held by many juriste, notably in "America, that, in the absence of law, au- thorizing extradition, no such action can be taken. Becretary Jefferson, writing to the President In 1791, says:

"Tho laws of the United States, like those of England,

A few well cut and made suits usually sold at $85.00 are being cleared at $50.00

TIES. Wide ends

A good polection at

$1.50 each

regular $3.00 $3.50 lines. SILK KNITTED usually sold at $6.00

NOW $3.00 each,

ALL SILK

HANDKERCHIEFS

The pick of the season's stock

at $2.25 to $3.50 oach

NOW $1.50 eachi.

Summit

DRESS SHIRTS

Stiff Fronts, 2 stud holes usual price $6.50

DOW $4,50

Oddments in pleated fronts. Sold usually at $7.50 and $8.50:

Being Cleared at $4.50

PYJAMAS

Ceylon flannel in smart stripes. Regular price $8.50.

Reduced to $5.00

Odd suits of Lustre material sold usually at $13.50 $17,50

To Clear at $8.50. WATERPROOFS

The celebrated "MACNOVA". coat. Usual price $35.00.. A Real Bargain at $23.50 GLOVES

English fabric in Chamois, Grey and Fawn. price $2.75

Usual

are now $1.50

PULL-OVERS

Bome

with sleeven and some sleeveless. These again are all marked at HALF PRICE

STOCKINGS

Good serviceable hose usually sold at $6 50

are now $3.50

GOLF COATS

Some made of Rainproof cloth, others of Tweeds. Reduced $35.00.

from

$80.00

To $15.00

Usual

Made-to-order from good Scotch price $40.00

are now $25.00.

Don't forget The early comers get the best choice.

MACKINTOSH & Co., Ltd.

MEN'S WEAR SPECIALISTS.

Alexandra Building.

Das Voeux Road Contrat: