The Archive · 1929

A Very Nice Point

The further question arise the Shanghai Diseriet Court execut Judgment of the Shanghai Prosional Court?" Though there specie clause in the Rendition Agreement to the contra given to. understand—th Contrary to the spirit of this agreement, which provides that the Chinese authorities shall execute the judgments of the Provisional Court in matters of persons sentenced to death for murder, armed robbery or kidnapping, in' whicn ase they are handed over. A leading offelal stated that in no case before had a person served a sen tence of the Provisional Court, the Shanghai native gaols and he did not see how the sentence could te served in the Chinese gaol when the Settlement had the Municipal Gaols in which to serve their sentences.

Interviewed in connection with ithe matter, Bir. Rodger informed a. representative of the "North-China Daily News" that Mr.

at's detention an egal for the following reasons:—The Commissioner of Foreign Affairs isan executive officer and inos no power to arrest anyone; not the duty of the Commissioner of Foreign Affairs to Carry out the orders or judgments the Shanghai Provisional Couct end he has no authority to execute the judgments of the assid court; Tricked Into Arrest Mr, Char was tricked into going to the Bureau of Foreign Affairs; Mr. Char was arrested without a warrant; All judgments of the Shanghai Provisional Court have to be carried cut in the Settlement except in eases of murder,, armed Tobtery or armed Kidnapping when the persons sentenced are sent to the "Chinese authorities to be executed; The judgment of the Shanghai Provisional Court of Appeals which changed the decision of the lover court from a fine of $900 to a term of imprisonment was illegal as it twas rendered in the absence of Mr. Ghar and whilst he was in the custody of the United States Consular authorities; and Diplomatic negotiations have been pending between the United States and Chinese Governments as to Me. Char'S nationality and the Chinese authorities cannot, properly take action in Mr. Char's case whilst these are undecided,

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account