1929-06-15 — Page 3

THE HONGKONG TELEGRAPH,

GARDNER

ENGINES

EXTRADITION CASE..

DEFENCE MAKES FINAL

-SUBMISSIONS.

The concluding stage of the extradition proceedings istituted againet Yip Tin, whose surrender

SATURDAY, JUNE 16, 1929.

PROMISSORY NOTE.

WOMAN DEFRAUDED BY ANOTHER WOMAN,

That plaintiff had been defraud- ed was the comment made by Mr. Justice Wood at the Summary to the Canton authoritics la sought Court yesterday, afternoon, when on charges of banditry and kid- Moimuna Razack, alins Leung Hop- napping, was reached yesterday fong, of 48 Russell Street describ afternoon, at the Central Magised as a widow, sued the Pang Yui tracy bafora Mr. E. W. Hamilton. Sing firm of Mongkok and a wo- Mr. Hin-shing Lo submitted that man named Chan Tal-koo for the the value of the evidence must be sum of $610, being balance due on assessed on its merila:

a promissory note dated June 3, 1920,

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The accused had committed no

he was wanted by some authority in a country now in a state of utter chaos. The allegiance which the fugitive owed to the law of this Colony gave him the right to its protection. Counsel urged that his Worship would give due weight to a fair interpretation of the Extradition Ordinance, born as It was of the spirit of the Tientsin Treaty, and to the assertion of the Common Law.

Counsel quoted the views of Sir Francis Piggott, a former Chief Justice of the Colony, who was considered to be something of an authority an extradition matters,

Plaintiff was not represented while Mr. F. X. d'Almach Jr., op- peared on behalf of the Pang Yui Sing firm.

In the box, plaintiff informed his Lordship that it being a long timu since the promissory note wee drawn up, there were many things which she had forgotten. She re- membered that she, lent $1,230 to! Chan Tai-kou, it being understood between them that the latter was to pay 41 instalments of $30 a month, $620, had been returned, continued plaintiff, but no further payment had been made. Chan Tai-koo had not been seen for a long time and, in answer to a question by his Lordship, plaintif expressed her ignorance of Chay Tal-koo's whereabouts.

In respect of the Magistrate's power of committing the accused, he asked his Worship to draw a judicial distinction between his

Husband's Firm. power of committing a criminal as defined under Section 76 of the Plaintiff know that Chan Tai Magistrates Ordinance, and his koo had a share in the Pang Yui power of committing in an extra-Sing firm, which as far as plain- dition case like the present one. tiff was aware, was opened by Having quoted from authorities, missing woman's husband, who Mr. Lo argued that the committal (loft the firm in her charge when power confered by the Magistrato's | he died. She had beon over to the

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able offence, was necessarily re-Tal-koo, but although she was un- stricted, in an extradition case, by able to locate her, plaintiff did not the proviso of Section 10 of the nak the firm for money. Extradition Ordinance, which, Questioned by Mr. d'Almada, while busing that power on the plaintiff stated that she did not evidenco heard, made it subject ask for money because she did not to the provisions of the Extradi- know anybody there. tion Ordinance.

The provisions to which that power was subjected were sumnied up in the words "as nearly as may he" appearing in Section 9, and also in the preamble of the Ex tradition Treaty of 1889, which in its turn was derived from the spirit of the Tientsin Treaty, and which read that "upon due requisi. tion the criminal may be searched and arrested" etc., and again "upon due proof of guilt the criminal may be, delivered up,"

etc.

Foreign and Local,

"So you know only Chan' Tal-koo in this deal?" asked Mr. d'Almada.

Plaintiff explained that on pre- vious occasions when Chan Tal- koo borrowed money from plain- tiff, it was customary that a bro- ther or a alster of Chan Tal-koo was present to sign the promissory note. On this occasion, however, nobody was available and so Chan Tai-koo suggested having the Pang Yul Sing firm's chop on the note in the place of other signatures. Plaintiff having no objection this arrangement was accordingly car- ried out, but plaintiff did not see! Counsel argued that the foreign the note being chopped. She was accused stood in a position dis-given the nate after everything | advantageous when compared with had been done. the local offender, In that his sur render was being asked to a coun- Lry possessing a judicial system, In defence, Mr. d'Almada sald which if not imperfect, was dis-that Chan Tal-koo had no share in tinct from British ideas, and he the Pang Yui Sing firm, which has wag without the three-fold protec- been owned by a man named Woo tion as extended to the local in- Hak-fook for the Inst eight or nine dictable offender, as represented in years. Mr. d'Almada denied that the persons of firstly the commit- the chop on the promissory note ting Maglatrate, secondly the Judge belonged to the firm, showing his and thirdly, the Jury. Counsel Lordship a list of the firm's chops submitted that his Worship should among which there was one which discharge the prisoner because, closely resembled that in the note, although there might be prima | but, Mr. d'Almada pointed out, two jacic evidence of guilt, the cir-words were missing. That being cumstances were so obscure, the so, wald Mr. d'Almada, the chop intent so doubtful and the testi- was not valid.

The Defence.

❤

mony so conflicting that he Woo Hak-fook, the owner of the thought the jury would not con-Pang Yu! Sing Orm, was the next vict if he were sent to them as an witness called and he denied that indictable offender amenable to the chop in the promissory note Joen justice.

belonged to his firm. He had been There was also the point that owner of the firm for eight or nine; the prisoner after being released years, he said, and during, that might be proceeded against by the time Chan Tai-koo never at any Chinese authorities on another time had any share in the firm. chuge, and in that event be with- In his summing-up, his Lordship out the benefit of the plea of said it seemed to him that Chan autrefois acquis effective in a local Tal-koo was a fraud. There was criminal case.

no evidence to prove that the chop Coming to what he regarded as had been properly put on. More- a crucial point in the case, councel touched on the question of iden-over, anid his Lordship, there was no signature of the manager of firation, in which he said that a photograph had played an importhe firm under the chup and it seemed to him that the tranunction tant part. The allegation was was between plaintiff and Chan made by the fugitive that a photo-Tai-koo. There was no evidence graph taken of him after his ar rest had been used as a means of to show that the Pang Yui Sing

firm was implicated in it at all. assisting the identifying wit-

Judgment was given for the Pang Yul Sing firm with costs and the case against Chan Tai-koo was adjourned sive die,

nesses,

The mutter raised was of suf- ficient gravity to have caused his Worship to take notice and make

Bojarnte order to the police off- cials concerned with the case to

investigate. In the course of the the exception of one man, his investigation, R photographer's shop was Incated, and a foki found client did not know any of the wil ncanes. But the use of the photo- who stated to Counsel that six graph to facilitate identification coples were taken of what appear was illegal.. Such legality be- ed to be a "handcuffed prisoner. came more defined when the ques Meanwhile, the photographer's tion of an alibi entered, as it did' shop had vanished into thin air in the prosent cane... [and the foki had likewise dis-

appeared from view. -

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Counsel referred to the conflict of evidence as revealed in the pre- écnt case. He asked for credibl- lity for his own witnesses, one of them, he said being a well-known Chinese Army commander who had established an alibi for the fugl- five.

Photograph Admitted, Counsel reviewed the evidence where the existence of such a pho- tograph was admitted by the wit nesses for the Crown. The fact remained that a photograph was taken to assist Identification, and Mr. Lo submitted that two It was a wrong thing to do, and witnesses, called by the Crown against a fundamental principle had lied against the life and of British Justic

liberty of the accused, one of them in the matter of the photograph which had such a crucial 'bearing on the case.

His Worship observed that it was brought out in evidence that the witnessen know the fugitivo all their lives. Consequently, his The case was adjourned until

Worship thought the alleged use of the photograph could, not have created much difference.

Mr. Lo replied that his client's tase all along had been that with

11.15 this morning, when it is 9x- pected that his Worship will give his decision after an address by Mr. L. R, Andrewes on behalf of the Crown.

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