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Government of a pretext for intervention. The situation is full of interest, and is of supreme importance to Spain, especially at the present moment when the insurrection in the Philippines is still proceeding in spite of some recent victories by the Spanish troops over the rebels. If the Cubans suc ceed, through the aid of the United States, in achieving their independence, the rebel Filippinos will be greatly heartened, and may be encouraged to carry on the war with renewed energy. The United States Government have taken a step which can hardly be retraced without loss of diguity, a step which may have farreaching and wholly unforeseen results.
STEEL VERSUS STONE PIERS.
The petition which is now being signed with reference to the piers along the Reclamation
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THE HONGKONG WEEKLY PRESS AND newspaper which, in commenting on the "measures of the Government, should habi- "tually exceed the bounds of fair and tem- perate discussion. If the authorship of anonymous articles should be brought "home to any officer, or if, in articles bear- "ing his signature, he should discuss any political subject, or the measures of the "Government, or the official proceedings of "its officers, he will be liable to be removed "from office." The reasons which have actuated the Government in calling pointed attention to this rule are of course not stated, but the most probable surmise is that objection has been taken to the com- munication to the China Mail of a remark- able report written by the Engineer in charge of the Reclamation works on the foul drain near the P & 0. Office. No exception can be taken on principle to the publication of official explanations in reference to matters on which it is deemed public misapprehen- sion may prevail; in fact it would be much to the public interest if the Government would condescend to give explanations a little more frequently. It was. right that Mr. BOWDLER's explanation should be pub- lished for what it was worth-which experts appear to consider is not a great deal but the peculiar form in which the explanation was made was rather calculated to bring the Government into ridicule; and the Govern- ment, like most individuals, is sensitive to ridicule. Another matter that no doubt caused some annoyance in high quarters in the China Mail and purporting to was the publication of a paragraph, also be given on official authority, imputing to the Government an intention that the cost of bringing out an officer to reorganise the Police Force should be covered by using lapsed pay instead of by a direct vote, which would be a highly irregular system of finance: Both the communications were indiscreet, the one as to its form and the other as to its substance, but we think the Government would have preserved its dignity better by ignoring the design that had been adopted the mis- them. The Colonial Office rule as to com- take was pointed out and the inconvenience munications to the press is a reasonable and that would result predicted, and hardly
proper one if reasonably interpreted, and had the first of the piers been com-
on occasion action might appropriately be pleted before a north-east gale oppor- taken under it, but to flaunt it before the tunely occurred to prove the correctness of Service and the public in such a way as to the criticism and save the Colony from a
create the impression that the Government repetition of the same mistake in regard to desires to pursue a policy of concealment is the other piers. Work has already pro-calculated to engender suspicion and destroy ceeded to some extent in the laying of the foundations for these, which will be practi- cally thrown away, but it will be wise econo- my to promptly recognise the mistake and adopt another design. Probably the mild steel suggested by the memorialists will be found to be the material best adapted for piers in Hongkong, but whatever may be the decision arrived at on that point it is quite clear that stone will not do.
cannot fail to convince the Government that a mistake has been made in deciding upon stone piers, and that the decision must be revised. The new Murray Pier has only been open a week or two and already ex- perience has demonstrated that it is quite unsuitable and that if all the other piers are erected on the same plan communi- cation with the harbour and Kowloon will be cut off upon the occurrence of quite moderate gales. No one seems to know how or why stone piers were decided upon, and certainly no one has a word to say in their favour. Apparently they were in- cluded as a detail in the general plan of the Reclamation, adopted without consideration, and adhered to simply because they had originally been approved. The incident shows the advantage that would accrue to the colony if some measure of popular con- trol over public works were allowed, for it is inconceivable that any body of practical business men acquainted with the conditions of the harbour and the requirements of the traffic could have approved the construction of stone piers.
As soon as it became known that this was
THE GOVERNMENT AND THE PRESS.
It is reported by the China Mail that the members of the Civil Service have had their attention called to Regula- tion No. 79 of the Colonial Office Rules and Regulations, which reads as follows: "No paid officer under the Govern- ment of a Colony can be permitted to be "the editor of a newspaper or to take any "active part in the management of it. He may furnish articles, signed with his name, upon objects of general interest, abstaining from writing on questions which can pro- perly be called political, or discussing the measures of the Government, or the "official proceeding of its officers, and from "furnishing any articles whatever to a
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confidence.
SUPREME COURT.
27th September.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT-SIR JOHN CAR RINGTON (CHIEF JUSTICE) AND ME. A. G. WISE (Puisne JuDGE.)
YEUNG SAM, APPELLANT, V. CHAN A TONG, RESPONDENT,
In this case a rule nisi obtained by the appellant, the defendant in the Court below, for leave to appeal from a judgment delivered by the Puisne Judge on the 6th September, was made absolute and was argued on the 20th inst.
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particulars of claim it was stated that " the plaintiff claimed $300 damages for the infringe. ment by the defendant of the plaintiff's exclu sive right to quarry granite in British Kowloon under an agreement dated the 24th day of De- cember, 1895, and made between the plaintiff of the one part and His Excellency Sir William Robinson, K.C.M.G., Governor and Com mander-in-Chief of the Colony of Hongkong and its dependencies, on behalf of Her Majesty the Queen, of the other part." The agreement was produced in evidence, and it is necessary true construction, are the rights and privileges to determine the question-What, upon its of the respondent under it with respect to the Government granite quarries at Kowloon ? N..C. It cannot be said that much art was expended in the drafting of the agreement. Its opening, and I suppose one must say its operative, words are as follows:
Memorandum of agreement made, etc., etc., whereby the said Chan A Tong (hereinafter called the contractor): contracts with the Gov- farming for the period of twelve months com- ernment of Hongkong for the sole privilege of mencing on the 1st day of January, 1897, the granite quarries in Kowloon within the areas coloured red on the plans marked B and C and which said plans are signed by the Director of Public Works and the said Chan A Tong and deposited in the office of the Director of Public Works (save and except however such of the the exclusive use of the Government) and upon said quarries as may be here after resumed for and in strict accordance with the terms and conditions hereinafter contained and set forth and with the provisions of the Building Ordin- ance, 1889, and any amendment thereof, and with the rules and regulations issued and to be issued by the Governor-in-Council thereunder."-
The terms and conditions" are then set out part to the mode of working the quarries, but in 14 clauses. They have reference for the most
refer in detail to the stipulations on this head. for the present purpose it is unnecessary to So far as this case is concerned, the most material clauses are the following:-
"9. All other quarries in Kowloon and the right to quarry therein are reserved by the Government and the Government also reserves the right to open new quarries in Kowloon and to quarry therein as well as in the said other quarries such stone as may be required for any public works always provided that the stone quarried therein shall not be used on private works.
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"11. The Government shall be at liberty to. resume any of the workings in the quarries shown on the said plans at any time within the period above stated for the exclusive use of the Government and in such case a sum pro rata both in respect of the number of workings resumed assessed by the Director of Public Works will and the unexpired term of this contract to be
be allowed the contractor."
For the privilege the respondent was to pay the sum of $8,500 by monthly instalments pay- able in advance on the first day of each month, the first payment to be made on the 1st January, 1897.
What then is the effect of this agreement, that is, what rights does it confer on the res- pondent and what correlative obligations does it impose on the Government?
It appears to me that the agreement confers apon the respondent more than a licence or a mere profit à prendre. It is true that the or- dinary words of demise are not present in the instrument, but such words are not necessary to effect a demise, any expressions sufficiently in- dicating the intention of one of the parties to divest himself of the possession, for a determin- ate period, in favour of the other being clearly sufficient to constitute a lease: Bac. Abr. Leases, etc.; Poole v. Bentley, 12 East, 168. Here the respondent was to have possession of certain specified areas of Crown land containing granite quarries for the purpose of quarrying granite. therein and removing it therefrom. The Chief Justice delivered the following period of possession was twelve months com- judgment:-This is an appeal from the judg- mencing on the 1st January, 1897. The respondent was to have the right to make sub-contracts tember, 1897, in favour of the respondent in a ment of Wise, J., pronounced on the 6th for quarrying, and also the right to erect dwell- suit instituted by the respondent as plaintiff ings for his workmen within the specified areas. against the appellant as defendant in the As already mentioned, he was to pay rent for Summary Jurisdiction of the Court. In the the quarries occupied, His possession of these
Mr. J. J. Francis, Q.C. (instructed by Mr. Looker), appeared for the appellant; Mr. E. Robinson (instructed by Mr. Dennys) for the respondent.
The
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