The Archive · 1928

Application Refused

The-same holds good in the case of release on guarantee according to the Ordinance referred to above (Art, 6. Sect. 2). The fact that the present applicant is a foreigner makes the question even more com-cated because the Chinece authorities wou'd have great difficulty in keeping him under surveillance once he is out of China so that, if he fails to observe the conditions under which he ig granted release, there will be no legal remedy what 'Under such circumstances, it would be entirely ultra vires' for this Court to grant the applicant is release, either conditional or-on guarantee, But, in view of the condition of his health, as certi for such a period as the Chinese Prison Law and the local prison regulations will permit.

Mr. Allman:—The recall that the appli accused's release was brought originally by the prison authorities. jon in the prison 'a problem to the

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

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