The Archive · 1939

Sammonsi in n Habeas Corpus Goes

Race Against Time Starts as British Government Intends to Hand Over Four Chinese Suspects SUMMONS to show cause Shanghai, Sept. 1. why a writ of habeas corpus should not be granted in favour of the four Chinese suspects at present being detained by the British police in Tientsin on suspicion of having been concerned in the murder of a Chinese Superintendent of Customs, which, as will be recalled, occurred in a Tientsin cinema carly in April of this year, was issued by Judge P. Grant Jones, Assistant Judge, in H, M,'Supreme Court for China, after a lengthy session in camera yesterday.

The summons is addressed to Sir John Laurie, Commander of the British Forees in the Tientsin Area.

A demand for the granting of the summons, was made by Mf. J. R. Jones, of the firm of Ellis and Hays, who "is acting on instructions from the four suspects concerned, Tt could not be learned late yester-Jday whether the, summons had been issued in time to prevent the handing Jover to the Japanese authorities in [Tientsin of "the four suspects in question, which was to have taken place yesterday, according to cables from London and it was believed that the four men would remain in the custody of the British police in the northern port if the summons arrived there before the London order for the handing over, Arguments In the ease will be heard in H, ME. Supreme Court here prob-Jably on. September 11, New Applteatton London, Aug. 20.

Anew application for a writ of habeas corpus in the case of the four Chinese suspects at Tientsin was lodged in the' Shanghai British Supreme Court for China and would probably come up for hearing on Monday, September 4, Elwell and Binford' Hole, solicitors, announced here today, The Jaw firm, located on Coleman Street, and which acted throughout recent proceedings on behalf of the Chinese alleged murderers, described fas "unbelievable" the report that pending hearing of the new applica~ tion, Britain would nevertheless hand lover the suspects to the local courts in Tientsin.

a statement issued this after noon, the solicitors recalled that the original habeas corpus application was rejected by Judge Grant Jones In Shanghai on the grounds that it had been made without the authority lof the prisoners.

During Jater proceedings in Londo it transpired that the lawyers acting fon behalf of the suspects had been refused access to them, however.

The authorities in "Tientsin, then allowed the suspects to be visited at fa Tater date and the lawyers wore thereupon given the necessary nui thorization by the suspects.

'Messrs, Elwell and Binford Hole continued their statement with the following declaration "As we' understand it, the only reason given by the judge at Shang-hal for refusal of the summons was that the application had not been made with the prisoners' authority.

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

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