Page
March 21, 1908.]
Proposed by the Chairman and seconded by Mr. Woo Saw-chin That the report and accounts as presented be passed.
CHINA OVERLAND TRADE REPORT.
CORRESPONDENCF.
195
any locus standi, and consequently the conduct of the 0129 for the Crown neossarily ! devolves on the Attorney-General, instructed
Proposed by Mr. Zickermann and seconded | [TO THE EUPTOR OF THE DAILY PRESS ".] by myself. In those, 88 in all Criminal
by Mr. Hottler: That Mr. Woo Saw chin bare elected a director,
Proposed by r. Woo Saw-chin and seconded by Mr. Hoettier: That Mr. Ho Hsien-cuen be re elected a diretor of the Company.
Proposed by Mr. Mittag and seconded by Mr. Zickermann, That Mr. E arecka be re-elected auditor of the Company for the current year.
This concluded the business of the meeting, but before separating the Chairman expressed a. hope that at the next annual meeting he would be able to announce more satisfactory results. Things had been bad in Shanghai lately, but be hoped that there would soon be a change for the better.
CHINESE MARRIAGE BARGAINS.
An interesting story of Chinese feminine duplicity was related before Mr. H. 1 J. Gompertz at the Magistracy on March 16th. Inspector Gourlay charged a young Chin-se woman with obtaining 820 by false pretences from a hawker whom she, it was alleged, had
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EXTRADITION OF CHINESE.
Ste-In view of the many misleading and incorrect statements, reflecting not only on the action of the Colonial Government and its officers, but also on the conduct of the Chinese Government and Chinese officials, which have : appeared in the local press on the subject af the extradition of Chinese, I am directed to request you to be and enough to publis this letter for the information of your readers.
The handing over to China of Chinese sub. jee's socn-ed of committing crimes in China and found in this Colony is regulated by Treaty and loeil Ordinance.
The procedure may be summarized as follows:
The Viceroy of the Province in which the alleged crime has been committed forwards requisition to the British Consul at his Pro- viucial City for transmission to the Governor of tongkong requesting the Governor to hand over the Chinese subject charged with com mitting the ffenes to a Chiues-fficer specially detailed for the duty; this requisition contaios a specific undertaking by the Viceroy that the accused, if handed over, will be tried in the presence of a British Cinsular Offer for the offence in respect of which his extradition is demanded and for no other offence, and this undertaking is invariably carried out.
Upon receip' of this requisition the Governor orders one of the Magistrates to have the, accused brought before him sad to enquire¦ into the charge, The Magisterial enquiry co- ducted in the Bune manner AK in
is
the
case of a person accused of the commis. son of A erima in Hongkong, and if the Magistrat finds that the evidenca is such that in the case of a local off-nes he would commit the accused for trial at the Criminal Sessions, he commits him to gaol to await the further order of the Governor. During his trial the accused has all the rights and privileges of a British subject charged with a
pro ised to marry. It appears that negotia- tions had been opened between defendant and the complainant through a go between. he woman was willing but demanded $10. The hawker explained that he was a poor man and could not pay that amount at ODCA. He promised however to pay a portion of the bargain money on the 17th February. Accordingly he gave her $20 on that date and intimated at the same time that March 4th would be a good day for the wedding. She appeared to approve of the proposal and on March 3rd he called at The house and through the go-between reminded the girl that next day was her wedding day. She replied that that day would not suit her and wished the event postponed till March | 12th. I he man Consented and returned home. When the 12th arrived there came no bride and when he sent for her she refused to come. Then he asked for the return of his money and she denied ever having received any from him. The disappointed lover then put the matter into the hands of the police, to whom she not only denied having receivel the money but also declared that she was married already. The police accordingly charged her with obtaining money by false pretences as she had promised to marry the hawker knowing she could not do 8. To prove her statement to the satisfaction of the magis trate she called the man, a shopkeeper, whom she said was her husband.
He however, ad- j emanated. mitted that his kit fat was in the country and that the defendant was only his sweetheart, His Worship, in these circumstare s, would not convict the defendant of false pretences, and discharged her, pointing out that the com- plainant's remedy was to sue her for debt
KULANGSU (AMOY) MUNICIPAL COUNCIL.
Minutes of a meeting of the Council hold at the Board Room on the 25th February 1905
Present:- Mes-rs. W. H. Wallace (Chairman), C. A. V. Bowra. A. F Gardiner. S. Okayama, W. Wilson and the Secretary.
1 The minutes of the last meeting are read. and confirmed.
2 General routine business is transacted.
3 The Superintendent of Police reports the following cases have been heard in the Mixed Court since the last meeting ·
SUMMONSES.
Allowing pigs to stray 4, Contempt of Curt 3, Throwing rubbish into the public drain 1. Debt 3.
SUMMARY ARRESTS.
Theft 3, Quitting employment without giving due notice 1.
(Signed) W H. WALLACE. Chairman.
By order,
C. BERKELEY MITCHELL,
Secretary.
·
1
crime.
The depositions are then forwarded hy the Magistrate to the Governor together with a report on the case; an interral of fifteen days elapses during which the accused may apply to the Supreme Court for a Writ of i abras Corpus, then, if no such application is mad the Governor may order the accused to the handed огро tu the propr Chinese official, who conducts him into China fr trial before the
proper judge Provincial
City
whence the requisition Such trist is held in the presence of a British Consular Officer, and unless the acensed is then convicted of the offence in he re-pect of which he has been handed over, is restored to British Terri ory and set at liberty.
of
the
If the accussed bas resided for a year Ur upwards in Hongkong, the depositions and Magistrate's report thereon must be envid· red by the Gor phor-in Council with the assistance of the Chief Justice,
¦
If the offence in respect of which the surrea. der of the accused is demanded is of a political character, or if he proves that his surrender has a demon led in order to try or punish him for an offence of a pohtiedelaracter, the accused can ́t be surrendered
No person is surrendered unless he is Chines- subject.
1
1
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a
This recedure has ben in fores since 19 with little variation.
In May and June, 1995, the present Chief Justice, in the case of Wong Ka Shing, pointed out that the Chines· Authorities have on lea staudi in these proceedings, as extradition :s an executive a Lof the Hongkong Government al The the request of the Chinese ti r-roment.
· Hongkong Government is bound to act on the i requisition sa i the ensuing pre-dings are bei tween the Crown and the acco-el. Since that i decision alí extraditiʼn proceedings bara bemets conducted by the Polic with or without the Besistance of myself or my nasistanta.
procedings, the Law Officers here, as in Eng and, are charged with the double duty of prosecuting and advising the Government.
In order to prevent the escape of a suspected criminal pending the arrival of the official requisition, a Magistrate is empowered to arrest and detain the suspect on such evidence being laid before him as would, in his opinion, justify the issue of a warrant if the crime had been committed in the Colony; but no further proceedings can be taken until the requisition arrives, and the Governor
his order thereon.
In the recent case of Iu Ki Shing the requisition from the Viceroy was in the usual form and contained the usual engagement secaring a trial in the presence of & Consular Officer limited to the charge eaquired into by the Hongkong Magistrata.
The officers of the Magistracy, using forms similar to those in use at the Bow Street Police Court in London, had previously caused Iu Ki Shing's arrest as a suspect upon an information and warrant which the Fall Court held to be technically defective, and, owing to a m's- of the provisions of the Ordinac, the Magistrate used another wrong form after receipt of the Governor's order under the requisition.
construction of one
The Full Court held that the proceedings had been void ab initio and discharged the prisoner on these grounds, although it did not disagree with the view taken by the Magistrate and Mr. Justice Wis with regard to the evidence sgainst the accused
The Full Court also decided that the engage- ment above referred to must be given by the Central Government at Peking, and that so engagement by a Provincial Viceroy was insof. cient, but the discharge of Iu Ki Shing was not based on this decision.
Hitherto the Viceroy's ongagement has been accepted and has, I believe, been invariably honestly carri d out, but in future sa engage. ment will be required from the Central Govern. ment at Peking.
Yours &c., F. B. I. BOWLEY, Crown Solicitor.
THE CHINA BANK,
The National Bank of Chins has issued the failowing regulations concerning extension of
its trade.
1. The capital of this bank will be increased from Tis. 3,00mono to Tls. 10,000,000, which sum will be divided into 100,000 shares, of Ts. 10 each
2.-The Roard of Finances will see that ng foreign subjects are permitted to become share- holders of this bank.
3 — [he shares are only transferable among The Chinese people, and they will be cancelled if the holders sell them to the subjects of any foreign countri•s.
i-lae head office will he established at Peking with branches and agnoien at the various Treaty Ports and big and important throughout the Chinese
business Empire.
contres
3.—The bink is the National Bank of China, but it will transact all descriptions of banking business in the same way as foreign banks ia
this country.
The power of issuing notes will only be invested in this bank.
7-The bank
all financial may perform affairs for the Imperial Government of Chins.
~~lu case of monetary crises in any Pro- vince, the Directors of the Bank are at liberty mem rtalize the Board of Financ, for
to
manistatwa,
J he Bank is placed under the control of the Burd of Finance
10- l'he term of franchiso granted to this Back by the Chinese Government is thirty If the cise comes before the soprem- Court
T'he Lorto heard | your1, be
be extended by the Chinese Government cannot
"P. & T. Times." there, only the Crown and the accused bare permission of the Board. —“
may
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