THURSDAY, FEBRUARY 25, 1909,
LEGISLATIVE COUNCIL,
Bis Excellency Sir Frederior Ingard presided at the meeting of the Legislative Council which was held this aftemoon. There were aloo present **
H.E. Major Gonorel BROADWOOD, Hon. Mr F. H. MAT, Colonial Sec Tatary.
Rep. Mr W. HE "Davis, K.C., Attorney General.
Hon. Me W. OBATHAM, Director of Fub 'Lio Works.
Hon, Mr A. M. Troon, Colonial Treasurer.
Flon. Mr E. A. Invixo,. Begistrar Genaral.
Hon. Mr H. E. POLLOCK, H.O.
Ho2, Dr Ho KAL
Hon. Me WEI YUE, C.M.G,
Hon. Mr H. W. SLADE.
Hon. Mr W. J. GRESSON.
Hoa, Mr E. A. HEWETI.
LONION SCHCOL OF TROPICAL MEDICINE.
A sum of $2,400 in aid of the vote, Miscellaneous Services, Granta in aid of scientific institutione, London School of Tropical Medicine, (£200.)
HARBOUR DEY ARTMENT.
A sum of 8856 in aid of the vote, Harbour Master's Department, Harbour Oce, special expenditure, buoya
AUDIT DEPARTMENT,
Audit Department, other charges, share of A som of $1,099 'lu aid of the vote,
home expenditure (£91),
TILEGRAPH SERVICES.
A sum of $10.47. in aid of the vote, misosllaneous services, telegraph services, contribution in connection with signalling messages, otr., to Observatory, (£75).
PUBLIC WOREA
A sum of $180 in aid of the vote Public Works, extraordinary, buildings, Staff Me A. M. G. FINT (Clerk of Quarters, Tai Po, water service. Councils).
ACKNOWLEDGMENT FROM GARAN
GOTGERMENT.
COLONILL BECRETANT'S DEPARTMENT,
sum of $47 in aid of vote, Colonial Secretary's Department and Legislature, other charges, Hansard reports.
A QUESTION OF DOMICILE.
The Chief patice, Sir Francis Piggott, and Mr Justice Gompertz, at the Supreme
His Excellency the Governor said it would be within the recollection of the Council that some time ago they passed o resolution of condolence with the Chinoso Government on the deaths of the Dowager Empress and the Emperor of Chins, He had now received through the British Mini ster at Peking the vory cordial thanks of the Chinese Government for the sympathy Court, to-day, gave judgment in the case of the Council in the loss which Uhina affecting the question of domicile of suffered by the deaths of it rulers. Unfor-native merchaut. tunately he could not read the words of the reply as the paper had been misisid, but the general purport was as he had stated.
'WIDEWS' AND OBFHLKS' PANLION FUND,
the valuation of the assets and abilities of
to the dollar.
PLAGUE
Twelve cases of plague have been notified during the day ending noon to-day, soren being in Macdonald Road, and re at Kowloon Central. In every case the patients have died
THE PEAK MURDER.
Question of Translating
Evidence.
THE CHINA MAIL.
...
SPORTING.
Rugby Football
FONDKONG *, BAVY,
The following will represent the Hong- kong Club in a Rugby match on Friday, at 6 p.m:-Bisk, H. L. Shaw; three quarters, F. G. Carroll, A. A. Claxton, R. E. H. Oliver, A. E. Wood; halvas, L. I Black. barn, P. Tinton; forwards, EL U. 0. Bailey, F. C. Hall, W. 8. Hone, G, D. Mallraith, F.. W. Thickness, El D., C. Wolfe, H. Buist, A. N. Other,
Tennis.
At the Supreme Court, to-day, the Ohio! Justice, Sir Francis Piggot, and Mr The Y.M.C.A. Tennis Club has been Justice Gorport, sitting as a Full Court, revived this weak. For sume mouths, this gave an important decision affecting the club has been inactive because it was im- question of all the evidence being inter- possible to find suitable courts, but arrange preted to prisoners. Mr Calthorpe, who ments have now been made with the) defended the prisoners in the Poak murdor Imperial Club, Kowloon, which makes it case, raised the objection that the evidence possible to place the Y,M.C.A. olɛb on a; of the English witnesses was not translated more permanent basis. Fifteen members to the prisoners. The Hon. Mr W. Reas have already joined. Davion, H.C., Attorney-General, for the Crown, contended that it was a question of practice and unnecessary when prisoners were represented by Counsel.
HONGKONG PHILHARMONIC
SOCIETY..
the Philharmonic Society to promote music. of a high standard in Hongkong will meet with the cordial support of all whoare fond of, music.
The Chiof Justice explained the airɔum-
The Hongkong Philharmonie Bociety has stances under which the question had been decided to perform Hamish MacConn's raised for the opinion of the court and The Wrack of the Hesperus (and other The Chief Justice in the course of his said:-If No. 1 prisoner had been found items) as a concert to be given in April judgment said:-I have given my best guilty, undoubtedly the fact that he had nost. Practices, under the conductorship consideration to Sir Henry Berkeley's care. told this untruth with regard to No. 2 of Mr Denna Fuller, will be held in tho The Hon. Culorial Secretary moved ful sud concise little argument on a point prisoner would have influenced the jury, City Hall on Mondays at 5.30 p.m., com- the following resolution-Basclred that which seems still open to argument on my
The Committee trust that the efforts of the Widows and Orphaus Fansion Fund judgment from which to appealed, but I and I should have found it extremely diffimencing or Monday, March 1st. contemplated under Section 18 of the think the condusion of fact at which I cult not to quash the conviction. Wo hare Widows And Orphans' Pension Ordinance arrived was warranted, and that having not, however, to consider whether any 1908, shall be made as the rate of Is. 103. specially in view the aspect of the bauk-part of the evidence which was untranslated The Hon Colonial Secretary said it had ruptcy jurisdiction which I cudeavoured to was material, and so contributed to the cou boon found that the average rate of elucidate, the conclusion of law based on viotion of the other prisoners. Mr Calthrop exchange for the 11 years 1897 to 1907 the conclusion of fact was sound. Before had kaken the broad ground that none of inclusive had been a fraction over le. 108. | giving judgment a few days ago, however, the evidence of the Crown was translated, And it was therefore considered that 1.10d. the attention of the Court was drawn to and as they were convicted some of it most would be a fair and. reasonable rate to Ordinance of 1902, which apparently have been material. He raises therefore the
The Hon Colonial Treasurer seconded; had heen overlooked by all of us.
attention was properly drawn to it because■bstract question whether a conviction can and the motion was agreed to,
the Court is bound to take official cognizatand when the prisoners have no know- JIXED LIGET AT CAPEVIMON PAE56. ance of the laws of the Colony, and Bca. Mr H. E. Pollock, K.O., ask-solicitors, being officers of the Court are ledge of the evidence given against them edWill the Government state whas hound to assist the Court in the perform There is a recent case, R. v. Hadwin, would be approximately the cast of putting ance of this duty, which, in the case of a apa fixed lighs to indicate the south-Colonial Statute book is often a difiouls vere a conviction against several prisoners eastern entrance to the Capsuimus PASH?
The Hon. Colonial Secretary said the in order to see whether this Ordinance has others were not allowed to crom-ex
one. We therefore deferred our judgment was quashed on the ground that the cost of a light similar to that at Ms Wanny bearing on the question before us so Island would be $700.
as to induce us to alter our judgment, ime one of them who went into the box. MERCHANTS' L
take.
METTING ORDINANGE.
The Hon. Attorney General moved the first reading; the Hon. Colonial Secretary Recorded, and the Bill was read a first tims
Our
It provides that the word "debtor as used Eridance given without aross-examination is, strictly speaking, inadmissible avidence, First reading of a bill entitled An Or-in section three of the Bankruptcy Ordin- dinace further to amend The Merchan ACE RA Tevised, section 4 as it
WAK and scientifically the term is rightly used. than, ย included person who, though Shipping Ordinance, 1899.
not himself personally within the Colony, There are three at least a priori reasons in Colony and possesses assets, therein," and the prisoner is always cutitled to make a carries on business by a agent within the favour of Mr Calthrop's contention. First, there is a farther expansion of the defini-statement, eron when he is defended by tions which I shall refer to presently. Now, if in this case, the debtor had still remained Counsel, therefore he must know what the First reading of a bill entitled An Orin Aanam, merely sending up his cinnamon evidence against him is. Secondly, now dinance to authorisa for public purpose the reclamation of certain portions of the Crown fursahore and sea bed situate in Hunghom, Bay in the Colony of Hongkong, and to validate such raclamation as has heretoforo taken place.
... RECLAMATION OF CROWN. FORYSHORK.
The Hon. Attorney General moved, the Hon. Colonial Secretary seconded, and the Bill was read a first time.
MAGISTRATES', ORDINANCE,
Third reading of the bill entitled an Ordinance to amend The Magistrate Ordinance 1890 and to effec@certain other!
mandments in the Criminal Law.
The Hon. Attorney General moved the third reading of the Bill, and the Hon. Colonial Secretary secondeil.
The Hon. Dr Ho Kai said that
012
Section 8 of the ordinanes, empowering the Governor-in-Council to make regula. tiou's for prohibiting spitting in certain record ble vote against the third
duty
asked that a division be taken.
The Hon. Mr Wei Yuk seconded.
UNION CHURCH LITERARY CLUB,
Mr Amos P. Wilder, Consul General for America, will give an address this evening at the Union Church Hall under the aus picies of the Union Church Literary Club, when the public are cordially invited. The subject will be "An evening with Long-
as follows fellow," and a programine has been arranged
Dasio (1) The Bridge" by Mrs Lindsay
Reading
(words by Longfellow) (2) "Mighty Lak a Bose," Farin.
Mrs W. Stanley Allen. (1) "Wreck of the Hesperus." (2) "The Slare in the Dismal
Swamp."
Mr Joha, Robertson. Address by Dr. P. Wilder. Reading "King Robert af Sicily."
Miss Ethel Rowe. Reading from Evangeline,"
Mr 0. H.
Hickling. Reading The Building of
of the Ship." Bir Robertson "Paul Ravere's Rido.”
Miss Ether; Rowe."
Alma Cost(9) My Love's a Butterfly" by Yoel Johnson. Mrs W. Stanley Allen,
CORRESPONDENCE.
to his agent the Wang Mow in this Colony that the prisoner may give evidence, it is for sale, he would have come within more than ever material that he should the meaning of this definition. A
know the evidence against him in order Reading fortiori he would have come within the bankruptcy jurisdiction, when, instead of that he many meet it, and, as we do not Music (1) Melisande in the wood," by remaining in Annas he comes himself to Assume the prisoner guilty untik ha is the Colony to take some part in the tran- so found, if he does not know it, the truth saction of his business. But I do not base my decision on that ground because I may be kept back. There may be some believe that consistantly with the fun part of this evidence for the Crown which have explaned them, and consistantly with If he does not know it he cannot do sʊ. damental principles of jurisdiction she could easily rebut had he known it. the remarks I have already made, and must Thirdly, if he does not hear what the presently make, on tho extraterritorial pro- visions of the colonial bankruptcy law, this witnesses are saying, he cannot assist bis hare endeavoured to explain it, I have not fera, that without looking at the anthori debtor is properly subject to that law. As counsol in cross examining them. I con. held that he is clearly within it, but having ties, the question presents no difficulties, given the matter very careful considera- flon I use the word properly" advisedly, where the prisoner is not, defended by This really disposse of the case before us, counsel, and the real difficulty arises but the question I have now in my mind is from the fact that in this case they begu referred to, I I ought not to
go farther.
I
MACAO EXCURSIONS.
(To the Editor of the "China" Mail, ”).
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Size,The annual Procession of the Cross And Qualified English Chemists takes place at Macso on Sunday, and, as on previous occasions, a large number of
people from this Colony will no doult participate in the special boat excursion
According to the
advertisement of the Company only the Sui An will run as the excursion boat; probably the Heungeban is prevented from being put on the run this year.
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public places, be conceived it to heb whether, this Ordinanco 6 of 1902, having were defended. Eut the a priori argumenst of the Hagkong Canton and Macao Dispense Drugs and Prepare / THESE MAKERS ENGINES SECURED · THE GOLD MEDAL AT THE roading of the Bill, and consequonily he and expras my opinion on it and upon the seen to me very strong, and the first Steamboat, Co., Ld.
larger question which is involved in it.applies whether there is consel or not. His Excellency the Governor said since This ordinance is most frankly extraterrit The third is specially concerned with the the Bill had passed its second reading and ocial, and caerefore it has become necessary fast thrt there is a coupech. The second hran discussed in committon he had received to consider the question definitely; I am glad fag a petition from a number of Chinese gentle-which I have come is a sarprise to myself, fact that the depositions taken before the I have done so because the conclusion to may in some measure be answered by the
I am afraid the Sui An is not mitable men, being very largely signed, repeating for the most part the arguments which and has apset my ont preconceived notions magistrate havo already been translated to for an extraordinary excursion like this, were used in that Couns. The petition on this important question of colouini con- the prisonar, and therefore he has notice of when an enormous number of poeple will put forward no new arguments, but rather stitutional law. I mest in the first place what going to be said in the box at the rash on board to secure accommodation and
trial. But this is not conclusive because it un- re-directed those which had airosdy been criticise ordinance 6 of 1902 ng a mestu does not apply to zen statements which very likely the ladies will suffer, great in debated there, and he therefore saw no satisfactory piece of draftmanship. Con reason to change the opinion of the Council tinuing his Lordship said it incinded a de-may be made in crose-examination.
in the course of further remarks his to which it committed itself on the second finition of debtor and already included
two definitions аб sccnditions preliminary to Lordship held that the conviction ought reading. Thepetitionerssaid that he wished
the presentation of a bankruptcy petition. to be squashod as it was in the intereste
all the evidence, although that case was be regrettod.
Mr Justice Gompertz concurred.
to
APOTHECARIES HALL,
WATKINS BUILDING,
HONGKONG.
NIGHT & DAY Telephone: 492.
9 ['A warded the £1,000 Prize offered by the War Office for the Best Military Tractor, together with £180 BONUS for exceeding the requirements of the conditions by 18 PER CENT.
convenience. Perhaps I may suggest that one of the fine steamers of the Messagerica Cantonnaisas be put on the line next Sup- 81, Queen's Road Central, that they should promota a hearty and The claves not having been repealled there of British justice that prisoners should herr day in order to afford better accommodation | willing co-operation with the Chinese instead of compulsion by law. They were therefore, two redundant provisions
to the excursionists, leaving Hongkong at 9am. and Mació rë 8p.m., thou giving anged that a process of education should and he was not quite sure that that might not
ample time for the people to embark after be institutod, and a process of persuasion cause some confinion. Proceeding his Lord-
The Hon. Attorney General rose to the ceremonies of the Procession. I hope to be adopted and towards which the Legislature can only legislate territorially is speak and the Chief Justice motioned the this suggestion will meet with general ap That process was one which was proposed hip said: The principle that a Colonial Government had already taken many steps. in the case of a Crown Colony, limited prisopera to leave the box. He hoped that no other process need erer therefore to this, that if it is passed in the be required, but he did consider that if the absence of special lustructions from Home, Government trok up an important ques-it is the duty of the Attorney-General to call tion like that aus isted circulare, directed the attention of the Colonial Office to the another indictment & charge of murder lesturers, posted notion, and took other put in his explanatory report, and the against the two prisoners who had beca means of education, it was more likely Secretary of State se the constitutional ad-released.
that its efforts would be effective wheavier of the Sovereign will advise the King
The Hon. Me W. Rees Davies, K. C., proval.-Tours, etc., said that having regard to the decision of their Lordships he was about to preler
The Chief Justice :---You arà at liberty
The
it was known by the people that it whether to disallow the ordinance or not to do so without consulting us had in the last resort the power of enfert-I am bound to nume, although I consider administration of the criminal law is in ing the regulations. He had assured the the ordinance 6 of 1902 to be defective in your handa. petitioners that if the regulations should point of fun and much in need of amend-
WELL WISHER.
WEATHER REPORT.
The following notion is issued from the Hongkong Observatory >--
Mr Calthorpe-I ask that the psi- On the 35th at 12,05 pm, — Tha ever be required they would be framed ment, that the question has been duly conacners be discharged. I don't understand barameter has risen in North Chins, and with care
and moderation, and that fidored at Home. For all these reasons how you can charge them again for the every effort would be taken to avoid I am of opinion that all the extraterritoral-same crime.
ity provisions of the bankruptcy law of
those evils which were feared, sich
arbitrary arrest He thought that those methods of education and co-operation to which they were now devoting themselves would be effective, without having recourse to putting into opention the clause to which tho nazior unofficial member had recorded his decision
intro zirza
Mr Justice Comporte consumed.
fallen very slightly along the South coast.
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CHIVALING, February 20. Yesterday the German steamer Ascanis, It has also fallen generally in Japan, whilst coming down river from Wahn and the Colong including no 5 of 1902 are friend en argas that whas he appears for endency for pressure to increase ovetank the German Company's hulk Bremen. The Attorney General:-My learned more particularly in the South. There is calling here for her papers, ran into and them again.
Mr Calthorpe --I don't think I
The maximum pressure is still over From what I can gather the Ascania weat will appear for them again.
China to the northward of the Yangtze between H.M.S. Clis and B. and 8's hulk, The Chief Justice-Another extra and moderate N.E. monsoon will prevail (the latter being the hulk just above the ordinary thing is that the prisoners have generally SALE
Bremen) in order to get near the German not been discharged.
Hongkong rainfall for the 24 hours eod Prisoners were brought into court again ing at 10 am, today, 0.07 inches hulk which, however, she was not going and told they were discharged but were
Forecast for the 24 hours ending at noon-longuide. There was strong Nind blowing with big in of the tide wwwhich nearly oried the Aseanis lato the FOBECART DEFTRICT, L-Hongkong and Neighbourhood B. &9, hulk and in order to dmr Miss
hulk the ship was put fall speed ahead with A Brilliant, Safe and Cheap Illuminant by Kerosene O Light N. winds, overset, foggy
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On a vote being taken His Excellency declared that the "Ayes" had it, but à division was challange, and the motion It is indicative of the early age at which immediately arrested on leaving the te zote for the third reading of the Bill was carried genius asserts itself that Withers, the great Com
Court
by 7 votos to 5. Those voting against the English cellist now concertising round the mare were The Hon. Mr H.. Pol-
locks, the Hon. Mr H; W, Slado, the Hon world, scored his first publie succes when ANY #person's life is rentiered mar -Forices, Channel : Moderate N. the result sa statedes
Mr W. J. Greson, the Hon. Dr Ho Kai, only eight years old, playing in a Beethoven Mable by distressing weakness that winds, overcast and the Hon. Mr Wet Yuk, TANT
quartette with Endover(who led), Bottasini, can be quickly oured by the use of a gond,
3.Bouth care of Chhus between Hong.
South coast of Chins between Hong
The Akania wurder the Bremen with
har starboard bow on the hall's starboard
The Bill was then read a third time, and the world's most illustrious doable-base blood builder and tonie-such as Stars' wong and Lamooka Samo as No. I bow and cat a kogu hole in hør: The aẰNG
adopted.
FINANCE COMMITTEE.
(who on this occasion played tenor) and Wize of Cod Liver Oil This remarkable
the elder Withers (second violin) Evan remedy produces wonderful results, 2 kang and Hainan: Same a No. L before this, however, the now premier
A meeting of the Finance Coranite cellist of Great Britain had made bis public
was then held under the presidency of the debut fonbing aus of a qusetatte" when Hon. Colonial Secretary, when the follow- ing vobes were considered and passed, only seron. Doing then too small to play
OVERTIME ALZOWANULed
A sum of 3450 in aid of the votes, Harbour Master's Department, B. — Mer- cantile Marine Office, personal emoluments, over-time, allowance.
POLICE AND PRISON DEPARTMENYS,
sum of $180 in aid of the yok, Police and Prison Departments, Pollce, other charges, language study allowance (Punjabi) 20 probationer.
om even a half red cello, the instrument to which bis heart inclined, he had to play aviola held as 'collo. The Withers familly is one of the most famous in England in identification with musical afalm. Me Withers appears in Hùngkong on March
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can bo izdagined when I tall you that the hulk went down in about five minutes. No Lives were lost owing to there being no Passengers on the holk at the time and, work had just finished for the day. Thers were two foreigners on board, Capt. Lange and Mr Rasmussen, the former bang hulk- keeper and the latter Custom's Eximian. Ther the hulk was full of cargo at the time Divers from EMR, Ulio Are
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