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punishments. If a warning was all that had to be feared not a boatman in the harbour would pay any attention to the law and ships coming into the port, as well as the boats waiting to board them, would be subjected to serious risk. There was a case of this kind the other day in which a boat, owing to its owner's "too great eagerness honestly to earn his daily bread," nearly fouled a steamer's propeller. To send the boatman to gaol may appear hard, it may -even make a criminal of him, but if it results in moderating the too great eagerness of boatmen in general and inducing them to obey the law good will be effected: In the same way with unlicensed hawking. It may or may not be wise on the part of the legislature to interfere with hawking, but if it is considered necessary to regulate hawk ing the only means by which compliance with the regulations can be enforced is by punishing those who break them. If a warning was all that had to be feared in this and other similar ma ters the number of offenders would be so great that it would be impossible for the police to arrest them all.
"
THE HONGKONG WEEKLY PRESS AND
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[January 23, 1895 been an excessive penalty, but if the Har- bour Master thought there was any ground for lenient treatment of the case a year's suspension should have been the minimum punishment. A month's suspension is no punishment at all, and is utterly ridiculous when it is remembered that more severe penalties are imposed in such comparatively trivial cases as hooking on by sampans or unlawfully boarding a vessel.
THE WAR.
a flagrant injustice, seeing that the law on this subject had for long been in abeyance and was then suddenly enforced without notice; and as soon as attention was drawn to the injustice, through our columns, the injustice was as far as possible redressed, the men being set at liberty. In that case the Magistrate undoubtedly made a mistake, as all men will at times, but under the circumstances of their relative official positions the Acting Chief Justice's public censure on Commander HASTINGS, quarterdeck pointed by his referrence to " justice," was perhaps not in the best taste On the whole, justice is very fairly ad- BOMBARDMENT OF TUNGO 10W-FU. ministered at the Police Court, notwithstand-
SPECIAL TELEGRAM TO THE DAILY PRESS."] ing occasional mistakes. The Acting Chief
Shaughai, 20th January Justice's theories are no doubt excellent as
The Japanese bombarded Tungchow-fu, on the Theories, but seeing that we live in Hong-north-west of the Shantung Promontory, on kong and not in Utopia it is only to Saturday. The British gunboat Daphne and the limited extent that practical application can American cruiser Yorktown left Chefon to watch be given to them. In their own country the the proceedings, Chinese are governed by the bamboo; in Hongkong Mr. ACKROYD would have them governed by a system of warnings, which system would not work. But although Mr. ACKROYD'S paper may not command universal assent to its conclusions, the subject dealt with is undoubtedly one of great importance and the Acting Chief Justice deserves the thanks of the community for having brought |
AN INADEQUATE SENTENCE.
THE LOSS OF KAIPING. The following telegrams appear in the Shang- hai Mercury ——
YOKOHAMA, 12th Jannary.
From Mr. ACKROYD'S paper the inference
An official telegram has been received from might be drawn that the imposition of
Kaeping, dated the 10th sustant, stating that on hard labour for what may be termed noo-
that day at dawn a brigate of the Japanese criminal offences was peculiar to Hongkong |
Second Army, under Ge eral Nogi, attacked a Chinese force near Kaeping. The Japanese or more marked here than elsewhere. But it forward for consideration.
defeated the Chin-se and completely routed the same system prevails in England, whereal-
them. A Japanese detachment occupied Kaep- most every fine is accompanied witha sentence
ing after four bours' fighting. The Chinese force of hard labour in defaul、 of parment The
consisted of over three thousand men, with two most notable instance of this, perhaps, is
Gatling guns and twelve field pieces. The Chi connection with offences against the game The extraordinary decision given by Com-nese fed towards Haishatsai, the Japanese Any Chinese forces laws. There is no moral offence in the tak. mander RUMSEY on Thursday in the case of vigorously pursuing them ing or killing of game, but if a man does s0 the master of a steam-launch who tried to that, may be left in the vicinity of Newchwang without a licence he is treated as a criminal rùn across a steamer's bows cannot have are now between the two Japanese arinjes.
YOKOHAMA. 12th January, and very often sentenced to imprisonment failed to excite surprise. The defendant was
Another official telegram has arrived from without the option of a fine. We note that the master of a ferry launch running from the "Odd Volumes are going to discuss at Shaukiwan to Kowloon, On the 12th inst., Kaeping, dated the 10th instant at midnigh'
in which General Novi reports that the Chinese. their next meeting the subject of game pre- when he had sixty people on his launch, he had xtended their defences near the river, where servation in Hongkong, and after Mr. deliberately tried to cross the bows of the the Japanese attacked their two wings and then ACKBOYD'S interesting and important paper steamer Fooksung, which was then steaming their centre. The Chinese were routed, and the the bearing of this matter on the creation of into the harbour at full speed. Captain Japanese took possession of Kaeping about ten crime will no doubt not escape attention. WILD, of the Fooksang, had difficulty in o'clock in the forenoon. There were over two huu- But if it is impossible to do, without impri- avoiding a collision, and to do so bad to alter dred Chinese killed, but the number of wounded The Japanese captured sonment in default of non-payment of fines his course eight poiuts, stop, and go full is at present unknown.
150 prisoners, who state that the Chinese force there is much to be said in favour of keeping speed astrn. Fortunately the manœuvre
including artillery, amounted to quite 4,000, men who are sent to gaol for offences against was safely executed, and so the defendant under General Seb. The Japanese scouts report municipal regulations separate from men who was saved from a trial for manslaughter, that a force of about 10,000 Chinese, moving to have been convicted of serious crimes, and the which he would certainly have had to stand support Kasping, are now retiring upon Ying subject is one which should receive the had a collision taken place ad any of his kow
Was reported captured by the attention of the Government, separation passengers been drowned, for he had wilfully | Kaeping being effected so far as the capacity of the imperilled their lives. The danger to the Japanese on the 18th December; therefore it gaol will admit of. In the discussion which steamer is also a factor to be taken into acmust have been taken again by the Chinese, and followed the reading of Mr. ACKROYD's count, for the affair might have happened recaptured by the Japanese on the 10th instant. paper flogging was suggested as an alterna under such circumstances that a collision tive to imprisonment, and from the remarks could only have been avoided by running
A decree dated 14th inst. and telegraphed to of the Agting Chief Justice in his reply we the ship into shoal water, as in the recent Shanghai acknowledges the receipt of the report gathered that his Honour himself is inclined case of the Zafiro, whics struck a rock in of General Sung Ch ́ing on the loss on the 10th to favour this form of punishment. In the trying to avoid collision with a junk. In instant of the city of Kaiping, on the Liaotung case of a man illegally fastening on to the Zafiro case these was no alleation that Peninsula, and censures the Generals respon- a steamer, for instance, it would certainly the junk was wilfully obstructing the navigasible for its loss by ordering the Board of War seem more sensible to give him a few tion; it was simply a case of difficult man- to recommend severe penalties upon them. That is to say, Chang Kao-yuan, Brigadier-General strokes with the bamboo and let him go than oeuvring for a steamer amongst a crowd of of Taugehew (Chefoo) for being unable to hold to send him to prison. There is no prospect, small sailing craft. But in the present case
the city; Hsü Pang-tao, Brigadier-General of however, of that view obtaining acceptance the offence of the launch master was entirely Cheating, Chibli, for being laggard in going to with the home authorities, and inprisonment wantou. It is considered good luck by the the former's aid; and Sung Ching, the Genera remains as the only punishment which can Chinese to cross a steamer's bows, but alllissimo, for not taking better precautions to en- be inflicted in case of the non-payment of launch masters know that it is dangerous sure the safety of the city in question. fines. Nor can we share the objection of and wrong to do so, and that if they attempt. The following is the Chinese version of the His Honour to hard labour being imposed. such a manoeuvre they run the risk of losings of Kiping, as given by a Native paper-- If a man is sent to gaol at all it appears pre- their certificate. The master of the launch 20th Der mber a serious fight occurred at Kai- ferable that he should be given work to do Willing had not a word to say in his defence; ping, and the Chinese troops under General Sung instead of being maintained in idleness; and there was nothing that he could say. Either Ch'ing killed some 3,000 Japanese and drove the the hard labour imposed in gaol cannot be for a superstitious motive or in a spirit of remainder back about 100 li. The battle over considered a bardship on any man of or- pure bravado he imperilled the lives of sixy and eveni: g coming on, General Sung ordered dinary strength. The real practical lesson passengers and the safety of a large steamer. his army to rest. During the night a body of to be drawn from the paper of the Acting H e uld not plead ignorance, for he had the enemy attacked the Chinese unexpectedly, Chief Justice is tha a wise discretion should had to satisfy the Harbour Master as to his and General Sung, who was very weary, ordered a part of his army, an der Lient. Snog, to repel be shown by the Magistrates in imposing | competency for his position before he
them. The officer in command, however, was And what was his sentences imprisonment. Reference was obtained his certificate,
soon wounded, and his troops, without a head, Que became di organised and fled into camp, thus made to the recent case in which a number punishment for this grave offence? of men were sent to gàol for a month for be month's suspension of his certificate. Total turning this ago into di order. The Japanese ing out at night without a pass. That was cancellation of the certificate would not have having been reinforced, and attacking the main
ED S.M.
Our Cheloo correspondent writes that on the