The Archive · 1939

Habeas Corpus Writ Rejected

New Application to Be Made to Chief Judge Appeal to Be Lodged; No Affidavit

Shanghai, Aug. 18. decision which was flashed immediately to London and the Breat news centres of the world, in view of the widespread interest the case has evinced in every country, Judge P. Grant. Jones, Assistant Judge of H.M, Supreme Court in China, yesterday rejected an application for a' writ of habeas corpus in the case of the four Chinese at present being detained by the British Municipal authorities in Tientsin.

Immediately after the decision was published—shortly after noon—machinery was set in motion by Mr. J. R. Jones and Mr, H. A.

Reeks of the local law firm of Messrs, Ellis & Hays, by whom the application was made in Shanghai, to make another application before Judge Sir Allan Mossop, H, M,, Supreme Court Chief Judge, and to lodge an appeal with H, My Full Court in China.

In-addition, the "North-China Daily News" was informed that the London solicitors acting in the case were considering an appeal to the Privy Council, 'The application, which was made: on behalf of Mr.' Norman Bentwich. Professor of Iniernational Law 'Jerusalem University, and formerly 'Attorney-General of' Palestine, and Miss Margery Fry, a Justice of the Ponce and a Director of the British Broadcasting Corporation, followed. shoals of protests which poured in to the British authorities in London fol~ Towing their reported decision to hand. over the four detained men to the apanese-controlled Chinese courts In Tientsin to be tried for the murder of Mr. Cheng Shi-kang, Superintend-cent of Customs. killed during a cinema performance on April 9, this year.

In his decision, Judge P. Grant Jones held that every application for 8 writ should be supported by an amdavit, upon which the Court was. able to exercise its discretion as to whether the weir should be Issued or not. "This "application, he quoted, should be made by the prisoner oF party who claims the writ. or by some other person on his behalf and with his authority, or by some person who could satisfy' the Court that the per~ son on whose behalf the application was made was 50 coerced s0 a 10 be unable 10 make an affidavit, New Application There was before him, he added, no auch affidavit by the prisoners of by some other person on their behalf and with their authority, or by some person who could satisfy him that the prisoners were so cooreed as 10 be unable to make aMdavits, but merely fan affidavit by counsel for the applicants, made of their own Informa ton, knowledge and belie as to the facts on which the application was founded, and on the authorities which he had referred the application would be dismissed.

First action of Messrs. Bills & Hays, the "'North-China Daily News" was, Informed yesterday afternoon, would to make a further application for a writ of habeas corpus to Judge Sir Allan Mossop, Chief Judge. who is now in Japan and who is expected to reach Shanghai in about a fortnight's time, At this point Mr. J. R. Jones explained that they were lifed to make an application before any Judge even if the application had been rejected by another Judge.

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

Your account