1929-03-26 — Page 10

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THE HONGKONG TELEGRAPH,

2

HABEAS CORPUS APPLICATION.

EXTRADITION. OF CHINESE- REFUSED.

SUCCESSFUL APPEAL.

The application of Mr. H. G. Sheldon, on behalf of Chan Hong. chuen, for a rule nisi and a writ of habeas corpus in the extradition cose appeal was granted and the applicant was discharged by the Full Court yesterday, after a bear- ing extending for a whole day.

TUESDAY, MARCH 26, 1929,

RADIO BROADCAST.

TO-DAY'S PROGRAMME.

Broadcast by Z,B,W. on 250 tootres. 5.30-0.90

of D.m Programme Chinese Music, (Baka Records supplied through the courtesy of Messrs. Tho Canton Trading Association).

7.18 p.m. Etoning Weather Report. p. Evening Programme, (Co- humbia Racpeds supplied through the courtesy of Messrs. The Anderson Music Co.). "Lucky Girl,"

4

Jack Paction

and the B. B. C. Dance Orchestra. Good Litile, Bad Little "Good Lieditation

Ukulple Ike (Oliff Edwards). "Rambling Along the Highway." "I Just Hall Along, Having My Upa

and owns,"

from "Clowns in Clover"

Baritone, Jack Hulbert. "Roses of Yesterday" (Berlin), (Warren). Old Man Sunshine,"

Comedienne, Norah Blaney,

Chan Hong-chuch to wanted by the French Authorities of Indo- China for an offence against the bankruptcy laws. He was com mitted by the Magistrate but was given the opportunity of appeal- ing. The Chief Justice remarked "Hear Dem Bolle, (Negro Spiritual),

Love at the Window he was "almost terrified" at an") Boo My Lov argument of Illegality put, farsons ward by Mr. Sheldon.

The application was opposed, ou behalf of the Crown by Mr. Somerset Fitzroy. Mr. H. G. Sheldon was instructed by Mr.

"The Keltic Quartatis of Seattle.

(Foulds),

No. 1. The Clans. No. 2. 70e Lament. No. 3. The

The Coll.

The

Band of H, M..

Guards.

F. H. Loseby of Russ and Com- "Chal March"

pany.

Points for Defence. Points put forward. by Mr. Sheldon were as follow:

(a) That the applicant should have been discharged on January 21, 1929, and that all subsequent proceedings were illegal,"

(b) That the extradition pro- ceedings, being capable of being Initiated only by a warrant under the provisions of Section 8, above. referred to, evidence was required to be taken by a Police Magistrate before issuing auch warrant.

(c) That the Magistrate had no jurisdiction to commit the ac- eusel because

(1) There was no evidence ba- fore him that Haiphong is situated in a Colony or Foreign Possession of France.

(2) Haiphong is not situated within a Colony or Foreign Posses- sion of Frutice and

(3) there are no provisions in the Extradition Treaties made be tween France and Great Britain for extradition proceedings be tween Hongkong and the province of Tonquin, in which the town of Haiphong is situated.

(d) That the Magistrate had no jurisdiction to commit the up plicant because there was no evid. once adduced that he had commit- ted a crime against the bankruptcy laws.

Mr. Sheldon quoted instances of where special treaties had been made between Great Britain and France with regard to Tunis, a Protectorate, which he said was of the same status as Haiphong, for

- there was no special treaty.

Chief Justice "Terrified."

]

·

The Band of II.M. Grenadier Guards, "Oh Kay!" Vocal Gems,

Columbia Light Opera Company. "Girl Friend." (Selection),

Pianoforte Solo, Billy Mayerl. "Silent Noon," "Peace,"

Baritone, J. Dale Smith, "Gipay Suite," (E. German),

No, 1. Valse (Lonely Life). No. 2. Allegro (The Dance).

The Plaza Theatre Orchestra, "Thousand and one Nights-Waltz,"

(Strauss).

"Freuet Euch Des Lebens-Waltz,"

(Strauss).

Johann Strauss and Symphony Orch. "The Devout Lover." "She is far from the Laid,"

Baritone, Edgar Coyle. lener Blut,Waltz," (Strauss), "Roues of the South, Waltz.”.

(Strause)

Johann Strauss and Symphony Orch.. "O Lovelinens Beyond Compare," "O Voice of Magic Melody,"

(Mozart) (from "Magic Flute,") Tenor, Heddle Nash. "Wine, Women and Song, Waltz," "Kiss," (Waltz)'

Johann Strauss and Symphony Orch. "The Presentation of Prizea

(Macnun)

Burlesque Rocital by

William McCulloch. "Song of the Sen, Selection,

His Majesty's Theatre Orchestra. "Evening Bells," "Serenade,"

Dan Cossacks Choir, 10.10 p.m. News Bulletin. Two Movements in Symphonic

Form," (A. Completion of Schubert's "Unfinished," Symphony) (Frank. Merrick) 1. Scherzo.

2. Poca Allegro,

The Royal Philharmonic Orch. 10.30 pm. Close Down.

LETTER GOLF SOLUTION.

Here is the solution to the

In dealing with the legality puzzle on another page.

point, Mr. Sheldon argued that a

SAID, SAND, SANE, DANE,

Magistrate required not only the DONE.

Order of the Governor but also

auch ovidence as would, in his

opinion, justify him in lusuing the

warrant. The Magistrate, he said, not witnessed by a person on onth, had issued the warrant without noither did they bear the official the provisions of a certain tion acal of the Minister of Justice, or being complied with, so applicant was taken ially into Custody and had be legally in custody ever since."

the

Sir Henry remarked that the argument almost terrified him. He added, "Take an extreme ense, A warrant is issued without sworn Information. The man is arrest-

Minister of State. He naked their Lordship to take judicial potice that, according to his in- alructions, they bore the seal of an inferior civil servant, the public prosecutor.

Mr. Fitzroy then replied.. Judgment Delivered.

ed, tried, convicted and sentenced Giving judgment, the Chief Jus- in the Higher Court. Everything tice said that the case had boon is invalid because of that initial fully argued and the grounds upon which they proposed to give their illegality."

Mr. Sheldon replied that if the decision might be shortly stated. Attorney General filed an Indict-Much of the difficulty in the case ment ho thought now proceedings had been caused by the extraordin would start, but in the case of aary uncertainty whic prevailed sentence by a Magistrate ho would in the minds of the responsible for the initiatios of the proceed-! go as far as that.

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GIRL'S BODY FOUND.

Sir Henry said that if Mr. Shel-

Two warrants were taken out in don was right there must have the first instance. In the first one, been hundreds of cases where auch which was based on Information had occurred. There must be dated December 20, 1928, the some authority to show that Mr charge appeared to have been one Sheldon was right,

For embezzlement. The prisoner Evidence of Offence, a was charged, but apparently the When Mr. Sheldon was dealing proceedings could not be continued with the lack of evidence of an offence Sir Henry pointed out there was some evidence that the sworn and the charge there ap applicant had entered amounts In Peared to have been an offence con triangular Rugby confest, the Club somes was played off at the found the body ÖL a sampan woman booke showing payments to a dead nected with deeds.

person, and apparently the money went into his own pocket.

Mr. Sheldon agreed that that

under that warrant and conso- quently another information was

CLUB BEAT ARMY IN TRIANGULAR CONTEST.

In the first match of the annual

ECHO OF RECENT TRAGEDY IN THE HARBOUR. At midday yesterday the police

FIRST ROUND RESULT OF

· JONG FOURSOMES.

The first round of the Hong four- Joen Golf Club during the week, ho Afteen met the Army team at HAPPY challenge shield, presented by Mr. H. In the contral fairway in the har- A warrant was issued on which Valley yesterday afternoon and won W. Page is at present held by Mors, bout. The body bore marks of

Mustard and Co., Messrs. Makaight the man was arrested. Both the

and Cot

Cowherd being the winning pair injury, and appeared to have been chopped at the back of the head warrants were discharged and by eleven points to nine, scoring

During the

The Club were the first to attack,

would be an offence if it was in thon, in the end, an application converted try and two unconverted last year the week end Taylor and and in die small of the back?" "It relation to the applicant's own waa made for the extradition of the tries against three unconverted trit Mitchell (China Light and Power) Was later identified as the body affairs. Ho further argued that prisoner because he had committed

a bankruptcy offence according to and shortly after the commencement beat Dixon and Sapsed (Naval Yards of one of the two sampan girls Merry broke through the Army de 8 and 2; Dand and Barrowman who were reported missing.... last

week. there was not sufficient evidence

fence and gave the civilian team, the (Bailey's) beat Roe and Hillyer to show that they were Actitious the law of Indo-China.

Bir Heary continued that as far load,

Goldman failed to

the McLaggan (Docks) beat mayley ontries, that there was no evidence against the bankruptcy laws of consideration of the depositione in equatiser and were not disappointed, Lawrence (P.W.D.); Overy and Jon of the other girl was found drift- Lalled with the kick, Just before son (Dairy Farm) 1 up; and Hillier on the morning following the ro England, and that there was evid-the case, whatever might be the Hayward touching down, but Maxwell dain (Powell's) beat Page and Conting in a dinghy near Stonecutters ence to show that the applicant caso with the law of France there half time Goldman put the Club and Hampton (Lane Crawfords) beat port to the effect that they were folf is sought by the police" for was the manager of the firm and did not seem to be any evidence at ahead, but failed to convert. At hald A. H. Carroll and W. J. Carroll missing. In this connexion & junk

alleged murder. not the owner or a partner, Cour- all of an offence according to the time the Club were leading by air (Carroll Bros.), 1 up. eel added, in this respect, that he laws of this Colony. Therefore, points to three. did not know of any bankruptcy they thought the prisoner was en- law that would make the manager titled to be discharged. of a firm bankrupt,

Sir Henry, added that other Another point made by Mr. Bhel-questions had been raised but they don was that the depositions were 'did not come in for consideration.

that he had committed an offench 14s. they could judge from a careful 1.The Army want all out 27 (Harbour Office) 5 and.'4) Gray and It will be recalled that the body

Maxwell avened imp matters after the resumption, but although he had a fairly easy position he made a very poor effort to convert, the ball being kicked wide. Hayward later added this, escand touch down but

the try was unconverted.

The Army held the load till the ing down Taking the kick, Gold- match was nearly over, when the man was loudly cheered when he con Club, from a scrum near the Army verted from a difelt position. back line; equalised, Goldman touch There was no further score.

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