Proceedings in Mixed Court for Extradition of Chinese to Jara on a Charge of Fraud: Is Defendant a Dutch Subject?
A very lengthy' hearing took man as a native of any place by place the Court describing him as a man of that Mo. 3, Van der Bare (Ditch fon Tuesday afternoon, before' place.
sesser). and Magistrate Zau, Commi Opposed investigate nationality! Df, Fischer announced that he! of Gen Khaung-hsia, 60," who: is was strongly opposed to the appoint. wanted by the Dutch authorities in ment of "8 commission to go 13 favo.
for obtaining by fraud 600,000 The Assessor, having asked guilders from the Netherlands Trad. whether there were any more witing Society of Java, nesses, intimated that he proposed Mr. E, T. Maitland, Prosecuting }to call the accused to the witness-Solicitor, appeared on behalf of the box.
Shanghai Municipal Police and After consultation, counsel for the fa certain extent on behalf of the Dutch authorities; Mr. A. MIN. defence said that they were strongly Preston watched the proceedings on opposed to this procedure. They did not" their client to give Dehalf of the Netherlands Tradio Society and several interested banks evidence at this time. They asked and Drs. 0. Fischer and H. ©. Mei for a formal ruling and submitted that accused was not bound to enter represented the defen the box on the basis of the Mr. Maitland said that the Dutch evidence heard so far. A prima-authorities wanted the extradition of the accused to Java for trial! facie case had not been established and so they claimed that accused If the Court was not satisfied' {Was entitled to ask for a dismissal with accused's nationality, the 'a2- the case. used must prove that he' was not a subject of the Netherlands. Te The Assessor remarked that there was impossible to produce in Shang] was no question of a dismissal at} hai all the evidence as most of that that juncture. The Consular Body was obtainable only in Java, where had ruled that, in cases where na-all the material witnesses were. tionality was concerned, the accused Counsel suggested that the Court should be questioned. should. appoint a commission to go Dr. Mei said that that placed the} to Java to determine accused's na-at a very serious distionality. Accused had. resided int advantage. Tt was unfair to hear Tava and acted as a government) the prosecution advisor for the distribution of rice case. The As-It he wore not a Dutch subject thi sesser replied that they were not he could have held that post.{ going on with the charge but simpl would deal with the matter of na-to see who would take the charge (elfnaid counsels The Netherlands Trading Society was not the complainant, legally speak ing, but the Dutch Indian Government. Counsel quoted the treaty entered into between the Netherlands and the Chinese Governments at Nan. king in 1863, and said that, by thi accused could be extradited. 'There was no further evidence to' produce here, said counsel, but, if the Court!
re not satisfied' that the evidence established a prima-facie ease, then' counsel would ask for the appoint mont of the commission referred t9,
Text read from the printed page and cleaned; old type leaves the occasional error.