1931-08-25 — Page 2

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THE

HONGKONG TELEGRAPH. TUESDAY, AUGUST 25, 1931.

PRINCESS MARY'S SONS.

HABEAS CORPUS

HEARING.

QUERY WHETHER EXECUTIVE COUNCIL MET.

GOVERNOR'S POWER.

Yesterday's continued proceed. ings before the Full Court where Mr. F. C. Jenkin is applying for habens corpus order nisi on behalf alleged of Sung Han-cho, Annamite revolutionary leader, were featured by strong eritizin of the Executive Council.

Denling with the point that there could not be two ordery in existence at the same time, against the sume person for the same purpose, Mr. Jenkin remarked it was to be noted that there was no power conferred by the Ordinance upam the Gover nor-In-Council-or anyone else -La- cancel an order mule.

The Chief Justice referred to a part of the Interpretation Ordiu, once which, he sald, seemed to cover the cancellation point.

Mr. Jenkin: That may be a come plete answer tu the submission, but

ut the point before you.

The Chil Justice: Does your point depend on there being ne power to cancel an order?

Mr. Jenkins it doesn't, in fact. The Chief Justlee-it is not

cancelled. suggested it was

Mr. Jenkin: No, but it was leading up to this. The only way

31

can

Our photo shows the Hon. George Henry Hubert and the Hon. Gerald David, sons of Princess Mary and the Earl of Harwood, Taken at children's garden parly at Marlborough House, it showa them astride the merry-go-round.

got rid of is by n disorder was made be

and served last | attempt 'were nude to do it nẸ & charge by a Court of Justice, by Saturday, when the Crown were in very late hour I should imagine declaration it is bail. There their death thrus on the first they would have some difficulty in

jurisdiction to issue a second order mutil the first order is, in Fart, discharged. am going, to argue that once the first order is discharged you cannot issue a second order. I sulrait the only way it can be got rid of is by pies of a discharge by a Court of Justice, and then, and then only, van another order be issued, if al all, and 1 am going to submit a soonal order cannot be issued.

Contrary to Law. Continuing on his next point, Mr. Jalan all that. assuming the first order had been discharged, the Governor-in-founell could not ef- Teet the arrest under a second order Brause it would be contrary to the taldised law, that one could not tearrest a man who had been dis- charged on habeas corpus for the same cause, matter or pretext,

Crown's Subterfuge. "While it is true that the second order here was made at the eleventh hour, when it was realised by the Crown that the first order would be discharged, that cannot place them

|

order, it becomes obvious that that order was a patent subterfuge to circumvent their imminent and evrtain defent.

getting a quorum."

Replying to the Chief Justice, | Me. Menkin sald, that } Mr. Alabaster enred to call evidence on The Chief Justice; What was the point there would be no ques-

tion about it. the date of that order?

"I should not nak Mr. Jenkin The Attorney Gen. hin any questions. There have real told us it was made and served | been a great number of points in on August, 16, a Saturday. That this ease and this only occurred to means that the Executive ant on me yesterday, and if I have dealt Saturday. That is a statement with the point it, perhaps, sont shall challenge, because I don't be-thing of a light-hearted manner, I lieve they sat on a

a Saturday. hope yote will forgive me." continued, "I ask you

The Chief Justice:--Of course, this. If they believed the first if the Attorney-General were here order to be valid, how could it be he might be able to tell us. conducive to the public

good to

Mr. Jenkins may be here to issue another order?

morrow morning, but i want it on The Chlef Justice!--It might be ¦ recoal to nuke my argument com- to the pubtle good if the first order plete. was not valid..

Mr. Jenkin: Quite, my Lord, but that isn't the kind of special ease which the Legislature had in mind when they passed that section. 1 am sorry that august body had to sit on a Saturday, which I shall challenge in munni.

The Executive Council. Speaking on another point, Mr.

in a letter position by the employ-denkin said that a summary order, in any event, could only be made by meat of that subterfuge. When

tuled, with a

agrum of three. The Instructions fall it down that 10

Valid Presumption.

The Chief Justice: Under the circumstances 1 don't think, at the moment, the point fe of any use to you, hemise the presumption is the order was validly made.

Mr. Jenkin quite agree, and it is

is only in the unusual circum- stances 1 venture to put it forward. If there is anything in it it is a Petter of stone moment, because I entitled to have the considera-

+Continued an Page 11.)

A really fine

Soloction of books are on ́ealo at:-

say that the Crown knew on Satur- the Governor-in-Council at a meet-tion at every member of the Execu day afternoon that the first ordering duly convened and properly can- would be discharged i don't think your Lordships will quarrel with ne beeanse we know, when the Attorney General came into Court at the next sitting on Thursday, he did not address himself any more at all to the first order so far as Sung was concerned, but merely stated that he was being held under a new order served in the meantime. He didn't argue that the other order against the woman was good, and if he had thought, the order against Sung was good the Executive would not have issued a new one, so it is pretty obvious that they knew the first order was bai, and so, without waiting for the discharge on that order, they say that they male a

order."

the Executive Council should not BOOKS! BOOKS!! BOOKS!!! proceed to dispatch the business. which included making deportation anters, unless duly summoned by the authority of the Guvernor, or unless two members at least were present, exclusive of the Chairnun. and over which the Governor must Presido unless he was ill or could not do so for any grave cause.

Arguing on another point, Mr. Jenkin said the Ordinance allowed the Governor-in-Council to make a summary order only in a special ease, if the Governor-in-Council deemed it to be conducive to the public good, that bring Section 3. Subsection 1c.

Abuse of Power?

"1 submit that means that that must be the sole motive impelling the making of a summary order a special ense and it is conducive to the public good. I put it to you that if the mind of the Governor in-Council is exercised by any good considerations at all, then the mink- ing of the order is an abuse of that power, and I say that in this case, having regard to the fact that the

SALESMAN SAM ·

THIS SUITS me! Goin!

TO THE THEATRE 'IN

FULL DRESS!

“Upon this point I am groping in the dark because I don't know what happens in Governmental circles. but venture to put this point for- ward in order that the Attorney my General might, possibly, relieve mind upon the point. It is alleged that the Governor-in-Council sut

THE STAR STORE

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Every book thoroughly cleaned and treated with Protostive

Solution,

and made this order on Saturday. WATCH FOR

the 15th.

The Chief Justice: Is that what Mr. Alabaster said?

Mr. Jenkin: --He didn't say "sat.") said it was made and served on that date.

"A Court Circular.”

όπο

Mr. Jenkin enntinued, “We have, been favoured, under the present re- gime, with what one might call a court circular, which one peruses with a varying degree of interest much Monday morning, and one finds that always, ur nearly always, Thursday is marked by the fact that the Governor has presided over a meeting of the Executive Council. One will search in vain for any re- cord that the Executive Council sat on Saturday, the 16th, and if any

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