February 13, 1896.]
A PRIVATE BILL. Hon. C. P. CHATER-I have the honour, Sir, to move the first reading of a Bill entitled an Ordinance for the Incorporation of the Pre- sident in Hongkong of the Basel Evangelical Missionary Society. All the formalities con- nected with the introduction of a private Bill have been complied with, and, I understand, to the satisfaction of the hon. and learned member, the Acting Attorney-General. I therefore trust that hon. members will have no objection to the first reading.
Hon. T. H. WHITEHEAD-I beg to second. Bill read a first time.
the
THE SUPREME COURT FUNDS ORDINANCE. The ACTING ATTORNEY-GENERAL With regard to the next item on the agenda, I do not propose to proceed to-day to discuss in Committee the Ordinance to amend the law as to certain moneys paid into Supreme Court or to the Registrar thereof. My reason for desiring the postponement of going into Committee on this measure is that this Ordinance is framed upon somewhat similar lines to the Ordinance which has been in force in the Straits Settlements for some years past, and I think it probable, therefore, that Mr. Kyshe, the new Registrar of the Supreme Court, who is expected to arrive in a few days, will be able to give me some valuable hints as to the practical manner in which this Ordinance has worked in the Straits Settlements.
"VERY IMPORTANT MEETING.' ANOTHER His EXCELLENCY then left the Council Chamber, when a meeting of the Finance Com- mittee was held. After the meeting his Excellency returned and said-The only matter we have to consider now is the jury list for 1896. As there are no notices or questions for the next meeting, and as a very important meeting of a different sort is to take place next week, and as recently a leading medical gentleman strongly recommended that we should take more holidays, I propose to adjourn the Council until the 3rd of March. (Applause).
THE JURY LIST.
"1
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
5th February.
IN APPELLATE JURISDICTION.
127
pose for which the section was passed; neither can they be entirely dissociated from the general law that regulates proceedings in contempt, of court cases. Of course the object of this section must be and is entirely the same as the object for which the general law for contempt of court exists to prevent any interference with the GOODMAN (ACTING CHIEF JUSTICE) AND MR. legal procedure or with the operations of the
A. G. WISE (PUISNE JUDGE.)
To prevent interference with the course of justice is the sole object for which the entire law with reference to contempt of court exists.
BEFORE THE FULL COURT-HON. W. M.
CHAU TSEUNG FAT, APPELLANT, v. INSPECTOR MCEWEN, RESPONDENT
This was an appeal from the decision of the Acting Police Magistrate, who sentenced the appellant to seven days' imprisonment for using an insulting expression in the presence of the
Court.
General) appeared for the respondent, and Mr. Hon. H. E. Pollock (Acting Attorney.
of Mr. V. H. Deacon's office), represented the J. J. Francis, Q.C. (instructed by Mr. Ellis,
appellant.
Mr. Francis said the appeal was brought under the Magistrates Ordinance, seetions 99 to On the 14th January the appellant was present 110, and it originated in the following way. in the Police Court during the bearing of a case in which he was not directly concerned. He had gone there as a friend of the person who had been summoned to answer a charge of keeping false weights and measures. After the case was concluded the defendant, who had been fined, and the appellant were leaving the court when the appellant was heard by two con- stables to make use of a certain expression. The
constables were sitting close to the door, and the remark was reported to the Magistrate and the appellant was at a subsequent date brought before the Court, charged under section 90 of the Police Magistrates Ordinance with having used an insulting expression in the presence of behaved in an insulting manner and with having the Magistrate when acting in the discharge of any magisterial duty, and sentenced to seren days' imprisonment. Notice of appeal was im
The Council then considered the jury list in mediately given on a question of fact. private.
ADJOURNMENT.
The Council adjourned until 3rd March.
FINANCE COMMITTEE.
A meeting of the Finance Committee was held Hon. J. H. Stewart-Lockhart (Colonial Secre tary) presided, and all the members were pre- seut.
A NEW LAUNCH FOR THE HEALTH OFFICE::
OF THE PORT.
The Acting Chief Justice-Is this not an appeal both on fact and law?
Mr. Francis-Yes, my lord; if
your Lordship will allow me-
The Puisne Judge-I have not received a ought to have a copy; all I have is the Magis copy at all of the notice of appeal. Both Judges
trate's statement.
Mr. Francis expressed regret and, continu- ing, said that later on it was thought advisable in the interest of the appellant to appeal on a fact, and so leave to appeal on a question of law question of law as well as on question of was applied for and granted.
The Puise Judge-Are you going on the question of fact ?
court.
The Acting Chief Justice-And to maintain the dignity of justice.
Mr. Francis-Yes, and to maintain the
dignity of justice, because if the dignity of the Court were not maintained the Court would not
be able to efficiently administer justice.
The Acting Chief Justice-There are three heads in the section-(1) using the expression to a Magistrate, (2) concerning a Magistrate, and (3) in the presence of the Magistrate. rather deaf a man can keep up a running com- You cannot contend that if the Magistrate was
insulting to the Magistrate and would interfere mentary himself.
Mr. Francis-No, because that! would be
with the proper administration of justice.
The Acting Chief Justice-The words alleged to have been used, and which I understand you do not dispute were used, were not such it" or "D- it," which are expressions as not right and proper, but they applied to some person; they were intended to apply to Inspector Stanton, who had just been giving evidence. They must apply to somebody, and I don't think you can apply them to anybody else but Stanton.
Mr. Francis-They applied to Inspector Stanton.
is sitting on the bench and an expression is The Acting Chief Justice-If the Magistrate
used in not sufficiently loud tones for the Magis trate to hear, is not that using an insulting expression in the presence of the Magistrate ?`
Mr. Francis Literally it is. But I ask you whether these words were really used in the presence of the Magistrate.
The Acting Chief Justice-If the Magistrate was present. yes. The Ordinance does not say "in the hearing of the Magistrate."
Mr. Francis argued that "in the presence of curia, and that an inferior court had no power the Court" was not a translation of in faceis
to punish for contempt of court.
The Acting Chief Justice--In England a Magistrate cannot send a man to prison for contempt of court, but in au inferior court a mau can be bound over or expelled from the court. We are dealing here with a specific Ordinance. The circumstances here are dif ferent, and the Legislature has given certain powers here which are not given in England. We e are not here to discuss the policy of the Act, but to administer it
The CHAIRMAN--I have only one financial, minute to bring before the Committee to-day and that is one in which the Governor re- commends the Council to vote a sum of $7,000 for the construction of a new steum-
Mr. Francis--I do not launch for the Health Officer of the Parteniously on the question of fact. because I intend to press
am bound to say that on the evidence I do not think the Magistrate could have come had made use of certain expressions in court. to any other conclusion than that the appellantuot with reference to the Magistrate, and not
The steam launch which the Health Officer of the port formerly used became too old for the service and was condemned. It was therefore necessary to have a new one, and I now bring this vote before the Committee with the sugges. tion that it be recommended.
The ACTING COLONIAL TREASURER Secondes Hon. C. P. CHATER-Has the launch been ordered, Mr. Chairman?
The CHAIRMAN-It has been ordered. Hon. C. P. CHATER-It it ready? The CHAIRMAN-Yes.
Hon. T. H. WHITEHEAD-Who supplied it? The CHAIRMAN-I think-the Hon. Harbour Master will correct me if I am wrong -I think the Dock Company supplied the launch.
The HARBOUR MASTER-Yes, the Dock Company.
Vote recommended.
ADJOURNMENT.
The Committee then adjourned.
The store of the Japan Photographic Co. (Mr J. Himen) in Main St., Yokohama, was burnt down on the 23rd Jan., and the adjoining house considerably damaged. Rokunosuke, the Japanese foreman of the Brigade, was fatally injured by the fall of a coping stone on his head. Mr. Himen is insured with Ahrens & Co. for $6,000, and the next house was insured with the same firm and with Messrs. Kingdom & Schwabe.
The Acting Chief Justice-On the question of fact the only point for us to decide would be whether there was sufficient evidence for the Magistrate to come to the conclusion he did.
Mr. Fraucis-There was abundant, evidence to justify the Magistrate in coming to the con- clusion he did, but on the question of fact there is also the point whether the Magistrate, in the capacity of the jury, could find that the appellant threatening expression which was ulting to had misbehaved himself or that he had used a
the Court.
The Puisne Judge-In the presence of the Magistrate.
Mr. Francis-Yes, in the presence of the Magistrate. There is also the point of law whether it was in the presence of the Magistrate. The Acting Chief Justice-Eliminating the words of section 90 which are not essential to this case the words of the section are" If any person uses any insulting expression in the presence of a Magistrate when acting in the discharge of any Magisterial duty, such Ma gistrate may summarily sentence the of fender." &c.
Mr. Francis-Yes, but to ascertain the mean- ing of this expression the words cannot be dissociated from the other words in the same section and from the apparent object and pur-
Mr. Francis said the expressings were used
in his hearing, and they were heard by only two persons who happened to be within almost touching distance of the speaker | The words were not intended to be heard by the generality of the people in court, and therefore they could not in the least degree bring into contempt the Magistrate, or the Magistrate's decision, or the court in which the Magistrate was sitting. Counsel then quoted Blackstone in support of his argument that the meaning applied to the words "in the face of the court" was that the Court should be able to take immediately cogni- sance of the words used and to punish without calling any witnesses, and that the Court of its own knowledge knew what had transpired.
The Acting Chief Justice said Blackstone spoke according to the common law of England, and the passage referred to would not apply in this case.
Mr. Francis asked their Lordships to find that the offence was not committed in the presence of the Court unless the Court had direct and immediate cognisance of it.
The Acting Chief Justice-We know that in England there are some very able judges who have been on the bench a long time and are rather deaf. Do you mean to say that a man can say what he likes and keep the whole Court laughling because the Judge cannot hear?