The Archive · 1931

Kiangsu High Court

Extradition of Chinese

Saying that the Chinese courts the" International Settlement should not be permitted to cooperate with the extra-Settlement 'Authorities to such an extent as to violate the law and the Rendition 'Agreement, the Shanghat " Municial Councit has, through its Municipal Advocate, "Mr. R. T. Bryan, 'Tr, fled a petitions of protest with the 'Second' Branch Kiangsu High Court against a ruling de the Court on October 3 byw "Chinese named Moh Tsung-koo was to be handed over to the Greater Shanghai Bureau of Publ Safety, although the latter failed establish a prima facie case quired in accordance with the rendition Agreement.

"The facts of the case are that accused W Feng, int Court, to hear an application by the Greater Shanghai Bureau of Public Safety for his extradition to the Chinese territory. Accused was remanded to enable the Pablic Safety Bureau to" produce, prima facie evidence against him. On 'May 13, accused was again brought before, the Court' and. remanded again to enable the Public Safety Bureau to. produce evidence. After hat, accused was Drought before the Court on two. more occasion but the Public Safety Bureau fail to produce any evidence against him. In spite of this, the Court ordered on July 18, that accused be handed over to the Public Safety Bureau through the latter's reexentative.

The Council filed its protest the Second Branch Kiangsu High Court against the decision because a prima facie case had not been established as was roauired by The Court, however. demissed the unoil's protest, whereupon. Council filed its present petition of protest,

caws the Tigh Court's" attention nits petition the Coupe foran order issued by the Judicial Yuan on July 27, 1991, saying that when a law and a treaty or agree-tnt came into conflict the treaty or Agreement should prevail. and take "over the. law. The Order further says that this prinible. cannot be questioned when the treaty or agreement 1s approv-alter the date" of the ion of the Tax, of the High Court, in giving their ruling inthe Mok Poumg-koo ease, relied on the Code of Criminal Procedure the petition says, However, the Code of Cri-inal Procedure was promulgated fon July 28, 10928 andthe Rendition Rereoment, which stipulates that no" Chinese should be: handed over extra-Setilement authorities un-ess prima facie evidence against him or her is produced, was signed February 17, 1900 ao the latter ust. take. precedence " over id) murdered on the night of Septem-penalties for offences should be very Bor 0 by Chinese constsbie. The finch heavier than those the Gov-CShatable discovered "the marder Sher being called to the place, to rament proposed. The Govern. ment at first refused to make any. fake Investigation by a rice shop Alteration, but eventually a comusstant living om the opposite side promise was struck, as the result Sr'the "road. who had seen child cine Ti window of deceased's bbe three months' imprisonment oF: which the maximum penalty will obmntot a whole day srithout 9 fine of £500 or both, instead of the Ste having come vp to. take his some period of imprisonment and Sig Tie arrested man admitter a fine of £100 or both.

2n"the police station that Under the provisions of the Bill aeonee Pith three others not i cus the Board of Trade is empowered to {ee mr tore tule, Woo prevent improper attempts to bring was' (ore Tuge Woo The iret Special Diatrict Court about a shortage of supplies fon October 8. of foodstuts or unjastisiebly the Assistant {2 being ned Vor" imprisoned oF increase prices. roth, offenders are also liable to' we, Abe, oat Ihave. the merchandise concerned accused and his alleged accomplices. peep ope pera forfeited.

Phe Finance Bill received the 4 mended pocket, which the detec Royal Assent yesterday evening. renee te asia 'The "National Government's pro-was instrumental in bringing about} gramme for balancing the Budget [therefore completed, The drastic disclosure to the police of the story' economy measures embodied in the Jof the crime.

Budget have already been put into iter the officers of the Wayside force by means of the special proce-Police Station received the report of @ure provided for under the National Economy Act. lof September 19, counsel "The necessary enactments for! meeting the country's financial crisis having been carried through, 10 the house to investigate. Whilst the next step is the appeal to the electorate at the end of this, month order to obtain the sanction of public opinion expressed at the polls pocket which' he recognized to be) for the continuance over a period fof the policy of retrenchment initiated by Mr, Ramsay Mac investigations, the detective return-)

pia MARS cent

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

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