The Archive · 1935

A Dangerous Precedent

THE MYSTERYMAN

To the Editor of the "Norrm-Cura Dany News"

Sm—The Shanghai foreign com~ munity has the right to be upset as the story of the so-called "Mystery Man" that has held us in its exciting thrill for nearly a month seems to come to a more than questionable end. The Chinese Judge Yoh Hwa has demanded the extradition of the man (who gave his name-as Joseph Walden, a French citizen) on absolutely unfounded reasons: (1) a telegram that does not mention the name of the person whose extradition It deded; (2) no evidence of his alleged crime; furthermore, material gathered by the foreign Police was not put at the disposal of the defence ord was not disclosed demand of the French authorities to accord them time for Investigation os to the man's nationality was also turned down by Judge Yoh, Shanghai has been used to events unheard of in other parts of the world. But this case, more than all others, cries out for' the immediate and unpartitioned attention of the foreign authorities, "If the SM.C—whose hands alone the dec as to whether the "Mystery will be extradited to the Hupeh High Court or not—allows a Chinese court fo overrule all sense of justice and humanity in a ease where an alleged French citizen with extraterritorial rights is involved, then all the Shanghhal residents with or without extraterritorial rights will have to be afraid that such a precedent will breed more and more evidence on the part of the responsible Chinese authorities to deal' with any. case brought before them with the same negligence of judicial proof and its necessary disclosure, even where foreigners are concerned. The foreign community is fully entitled to ask protection against permission of a precedent that may lead to some more grave implications of foreign lives and interests, According to Western standards, at least a thorough investigation and proof of committed crimes is required in any Here in Shanghai, however, the reputation and the strength of Western morale are at stake, involved in a question of principle: are we foreigners entitied to be treated with Justice, the Settlement no more in the hands of its foreign rulers? From a case of an individual implicated in a Jaw suit, the question turns to a vei serious matter of principle and requires, therefore, the clos of all and sundry, but mos impure of the foreigner and was hereafter extradited to the Chin" ese authorities) should now be "given his liberty for his services rendered: in aiding the investigation of the foreigner's alleged activities on behalf the Chinese Communists" (according to newspaper reports of the 2nd inst). The Chinese man was released, then, although he had confessed communistic activities. But a forelgner may be seized without any evidence nor proof against him, Let the Chinese authorities deal with their compatriots, but the foreign community has the right to ask protection against being dealt with summarily, In violation of any sense of Justi In the name of all those who want to preserve the sense of right and justice within the foreign settlements of Shanghai: May the SMC, weigh carefully its legal status thereafter, before it consents to extradite a foreigner without a fair tial, And let sus hope that the S.M.C. will Gecide that only by justice can its Settlement retain its' prestige and, what is more important, its strength and power.

Fon Justice 1x Suancitt.

Shanghai, June 5.

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

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