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Colonial Cases

See Ah-to, 1883

See Ah-to

Supreme Court for China and Japan

Mowat AJ, 28 May 1883

Source: North China Herald, 1 June 1883

LAW REPORTS

H.B.M.'s SUPREME COURT FOR CHINA AND JAPAN.

Shanghai, 28th May 1883

Before R. A. Mowat, Esq., Assistant Judge.

  A Writ of Habeas Corpus was made on Mr. C. J. Holliday to produce one See Ah-to, who was said to be detained in his custody.

  The writ runs as follows:-

To CHARLES JAMES HOLLIDAY, a British subject, of 19 Foochow Road, Shanghai, Merchant.

  You are hereby commanded to produce the body of See Ah-to, detained under your custody, as it is said, before this Court on Thursday, the 31st day of May, 1883, at three of the clock in the afternoon, with the cause of his detention, to do, submit, and receive whatsoever this Court shall consider in that behalf.

Dated the 30th day of May, 1883.

The Writ was supported by the following affidavit:-

I, Youen Ming Kee, a Chinese subject, of Shanghai, Merchant, make oath and say as follows:-

- I am informed and verily believe that See Ah To, a Chinese subject, is now detained in the custody of Charles James Holliday, at No. 19 Foochow Road.

- Up to the morning of the 28th day of May instant, the said See Ah-to was in the custody of the Municipal Police, as I am informed and verily believe.

- On the said 28th day of May instant, the said Charles James Holliday, as I am informed and verily believe, directed the said See Ah-to to be removed into the house No. 19, Foochow Road, in the occupation of the said Charles James Holliday, and he was so removed accordingly.

- On the 29th day of May inst., the said See Ah To was taken from the  said house in the custody of Sergeant Kluth, a Municipal Sergeant, and was again taken back to the said house in the same custody, as I am informed and verily believe.

- The said Sergeant Kluth left the said See Ah To in the said house under the custody of the said Charles James Holliday, as I am informed and verily believe, and the said See Ah To is now in the said house under the said custody.

YOUEN MING KEE.

Sworn at Shanghai in the Empire of China, pursuant to Act 1 & 2, Vict. c. 105, this 30th day of May, 1883.

Before me, R. A. Mowat, Assistant Judge.

  The Court sat at 3 p.m.

  Mr. H. S. Wilkinson, Crown Advocate, appeared on behalf of the Crown.

  Mr. Wainewright appeared for Mr. Holliday.

  Mr. Robinson appeared on behalf of the Municipal Council to watch the case.

  Mer. Wilkinson opened the proceedings, and after reading the Writ, asked Mr. Holliday if he was going to make a return to the order.

  Mr. Wainewright wanted to know whom he represented.

  Mr. Wilkinson said he appeared on behalf of the Crown, and proceeded to explain the right of the Crown to issue the Writ.  This he did to everybody's satisfaction.

  Mr. Holliday then made the written return as follow:-

In Her Britannic Majesty's Supreme Court for China and Japan.

In the matter of an application for an order to Charles James Holliday to produce the body of See Ah To.

  As my return to the application in the above matter, I say that I have not now and that I never have had See Ah To named in the said application, in my custody.

Dated the 31st day of May, 1883.

Chas. J. Holliday.

  The person named in the Writ who was to be produced appeared and stated that he had never been detained and that he had come to the Court of his own free will.

  See Ah To was then told that he was at liberty to go and come as he pleased.

  After some discussion on the subject of costs, the Court adjourned.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School