May 29, 1897. suggested on the other hand that thieves and burglars frequently sent a confederate ahead to be arrested for not having a pass, the policeman being thus taken off his beat for the time being and leaving the way clear for the commission of the intended crime, the effect being to keep the streets clear of policemen instead of clear of bad characters; and according to the Registrar-General, who ought to know, there is no reason why the bad characters themselves should not obtain night passes if they so desire. However that may be, it is a matter of satisfaction that the immense amount of injustice of which the law in question has been the occasion is now to be brought to an end.
"
EX
LIMITATION OF SETILÈMENT AREAS IN FORMOSA.
open
Regulations have been issued by the Governor-General of Formosa prohibiting the sale, granting, transferring, mortgaging, or pledging of land to foreigners in Formosa beyond the limits of the space allotted for purposes of mixed residence at the open ports." The fixing of the limits referred to may possibly prove rather a difficult matter, the area of the open ports never having been defined under the Chinese treaties and therefore remaining equally vague under the Japanese regime. The question of settlement limits in Formosa formed the subject of newspaper discussion some seven years ago. It was contended on the one hand that by the British treaty of Tientsin the whole island was thrown to foreign trade and residence. Article XI. of that treaty provides that "In addition to "the cities and towns of Canton, Amoy, Foochow, Ningpo, and Shanghai, opened "by the treaty of Nanking. "British subjects may frequent the cities "and ports of Newchwang, Tungchow "(Chefoo), Taiwan (Formosa), Chaochow (Swatow), and Kiungchow (Hainan)." As Taiwan was the Chinese name both of the island and its chief town there is some am- biguity in the clause, but in the treaty with France, which was signed the day after that with Great Britain, the words are "Taiwan "et Tanshvi dans l'Ile de Formose." In the American treaty the words are Tai- wan in Formosa." In the German and most of the other treaties, as in the French, Tamsui is mentioned as well
r
as..
<<
CHINA OVERLAND TRADE REPORT.
THE PÈIHO.
SUPREME COURT.
19th May.
IN ORIGINAL JURISDICTION,
A WRIT OF HABEAS CORPUS.”.
415
-AN
} INTERESTING ARGUMENT. Mr. J. J. Francis, Q.C.; (instructed by Mr. Wilkinson) moved for a writ of habeas corpus to bring up four men who were confined in Victoria Gaol, having been deported from Singapore and being detained here for trans- port to Canton,
Consul mentioned that an affidavit had been sworn to by a man named Li Fuk Yuen and there was nothing on the face of that affidavit: to show that the men had been guilty of any offence in the colony. They were arrested on arriving here that morning and were told by Inspector Stanton that they would be detained: and taken on board the Canton steamer the same evening. Of course there was only one method by which this could be done and that was by an order under the Deportation
Ordinance; but the Ordinance did not em- power the Governor to send them to any place, but to a place where they chose themselves to go.
The bends of the river Peiho, like the periodical siltings up of the Woosung Bar, have for many years been the cause of great loss and obstruction to trade. As in the case of the so-called "Heaven-sent barrier," BEFORE MR. A. G. WISE (PUISNE JUDGE.) the Chinese officials at Tientsin have never really been anxious or even willing to make any improvement in the devious and erratic river which till recently afforded the only The loss to communication with the coast.
hipowners and merchants, native and foreign, had no terrors for the mandarins, who were quite content to witness the delays, to see vessels struck in the mud or block up the channel. Vainly have foreign mer- chants appealed through their representa- tives, and vainly have the Ministers urged the policy of providing some machinery for the purpose of dredging the channel or of widening the river at the frequent bends in its course between Taku and Tientsin. LI HUNG-CHANG, with all his professions of a desire for progress, never, during his long tenure of the post of Governor-Genreal of Chibli, could be induced to advocate this improvement or take steps to bring it about. The truth is, no doubt, that the Chinese Authorities had no desire to see the river rendered too easy of navigation, pre- ferring · to retain it in such а con- it could at dition that
very short notice be closed entirely to foreign ships, whether gunboats or merchant steamers. Any real change in this policy would be somewhat of a surprise even in these latter days of railway extension. An apparent recognition of the evils of allowing the river bed to silt up has, however, just been ex- tracted from His Excellency WANG WEN- SHAO, the present Viceroy of the metropoli- tan province. In response to representations made by the foreign community of Tientsin on the subject, and asking that some steps may be taken to remedy the evil,, the Viceroy has issued a proclamation, in which the necessity for remedial measures is frank- ly acknowledged, and he has appointed WU Taotai to take charge of the conservancy of the Peiho. This official was in charge of various river works during the administra- tion of LI HUNG-CHANG, and is reported to
be an active and intelligent man. It is to end with the mere appointment of a respect be hoped, however, that the matter will not
able mandarin who may have neither the Taiwan. As used here, therefore, Taiwan" cannot be held to mean the wish nor the power to undertake any effec- whole of Formosa. Takow and Kelung were tive work. Too often projects for im- opened to trade without any special pro-provement in China end with the authorisa- vision of treaty and foreigners have also tion of some temporary repairs on which as been allowed to build houses and carry on
much money is squandered as would nearly trade at Twatutia, alinland town, and it suffice to complete the necessary work. was contended in the discussion referred to Unless the works for the improvement of the that this was done under the wide inter- river are carried out according to pretation placed upon the British treaty. plans and under the superintendence of That interpretation does not appear to us to foreign engineers, there is little chance be correct, but however that may be the fact of any permanent benefit being derived from them. The Viceroy may, however, desire to show that he is more sincerely a friend of progress than his predecessor, and in consequence may permit the conservation of the Peiho to proceed as proof of the fact
remains that no settlement limits have ever been defined and agreed upon, and in the case of Tamsui the name applies not to a particular town but to a district. Foreign Governments will no surrender any rights acquired by their nationals, and the attempt of the Japanese to define the limits of the "space allotted for purposes of mixed "residence at the open ports" may therefore not prove easy to carry out, involving as it does restrictions upon foreigners to which they have not hitherto been subject.
His Lordship-There is nothing to show me
that they were not sept up from Singapore under some Ordinance.
Mr. Francis-There is no power under which
they can be detained.
His Lordship-Suppose they were sent up' from Singapore under the Rendition Ordinance?
Mr. Francis-That is simply a matter of common law; the order would cease to have any effect the moment these men passed out of the jurisdiction of the colony
His Lordship-This might be the only way they can get to Canton,
Mr. Francis The Singapore authorities might have the fullest power to punish them-
His Lordship-Suppose the men have been tried down there and rendited to China.
-
Mr. Francis-Then they would be in Chinese custody. On the affidavit they are in oustody without committing any offence. They have at this moment without any authority and been informed by Inspector Stanton that they
are going to be sent to Canton and what we.. want to know is whether they are going to be sent without any authority,
His Lordship-Your affidavit is not strong enough.
Mr. Francis-I admit it is weak, but the men arrived here only this morning from the Straits Settlements and they are going to be sent away to Canton this afternoon.
stated that the deponent, Li Fuk Yuen, was ac His Lordship then read the affidavit which
quainted with the four men and that on ar- riving that morning from the Straits they were taken to Victoria Gaof. He was informed that it was the intention of the police to send them to Canton in the afternoon. The men had never resided in Hongkong and he believed they had committed no offence against the laws of the colony.
Mr. Francis-Prima facie, nthe men never the having resided here, there is iso cause of their
The collieries in various districts in Kynshn, which are now in difficulty owing to the in- creased demand and deficiency in supply of miners and the consequent rise of wages, are contemplating to import labour from foreign countries. Some mine-owners in Saga prefec- ture have received sanction from the Foreign Department to hire Koreans, and have forth- with proceeded to avail themselves of this The annual competition by the Shanghai permission. This is indeed a blow to Japan's Fire Brigade for the challenge shield presented reputation as a country plentifully supplied with by the Fire Insurance Companies took place on cheap labour; but it has been gradually becom the 15th May and was won by the Frenching evident that sooner or later such a step Company.
would be inevitable.-Japan Times.
detention, In addition there ic the statement that it is the intention of the pol Ie to ship them to Canton, possibly this evening. rp: ask your Lord ship for a writ of habeas comous so that they can be brought up here to-re rrow morning, when we can ascertain if thetio is any justif able authority for their detenen.
His Lordship What prim facie cause there for the detention of Mrs. Carew? I understand from the newspapers that she is in the gaol here and suppose somebody came and said she was here-
J
Mr. Francis-There is prima facie an order! for her detention under the provisions of the Order in Council.
His Lordship-We have nothing to show that she has been convicted except the news papers.
Mr. Francis-That is perfectly true, but there is a very broad difference between, hør case and the case of these, our men. You have a certain amount of knjwledge derived from the newspapers, but the smple fact that it was intended to forcibly remove her from the colony