384
holding that the agreement on which the plain- tiffs sued was void as amounting to champerty. He contended that the offence of champerty was not an obsolete one. Mr. Wilkinson quoted the authority of the House of Lords that the law on champerty was inapplicable in India, but that was no reason why it should be inapplicable to the circumstances of Hongkong. He asked His Worship to convict the defendant.
arose
His worship, in delivering his decision, said that the defence had attempted to show that because the law with respect to champerty was inapplicable in India it was likewise inapplicable in this colony. He could see no circumstances that rendered the law inapplicable here, but, on the contrary, he thought that any impro- priety in individual cases should be instantly put a stop to. The theory of English law was to obtain justice. If solicitors were employed, it was the duty of the solicitor who appeared for the plaintiff to see that justice was done, and the duty of the solicitor employed for the defence was to see that no injustice was done. It was no discredit for a solicitor to lose his case if the course of justice had been carried out. Every one knew that champerty was prevalent among the solicitors' clerks of this colony, and he thought it was time this illegal practice should receive a check. The present case was brought by the Government at the instigation of the P. & O. Company. Had it not been for the dispute which out of the $300 promised by the compradore of the P. & O. Company, the transaction would have never come to light. The P. & O. very properly thought themselves wronged. Out of pity for Kwok Hin Tai, who had lost his all, the Company compensated him with $2,000, but when it came to their knowledge that over one half of that money went into the pockets of Pang Kun Chi and Wong Chuk Lam, they instantly reported the matter to the Government and the present suit was brought against the parties. His Worship thought the evidence showed that Wong Chuk Lam was the least to blame, but he could find nothing extenuating in the case of Pang Kuo Chi If the latter had been actuated by B conscientious desire to help Kwok Hin Tai to obtain compensation for what he had lost, his motive would have been a praiseworthy one, but the evidence clearly pointed to the fact that he was merely trying to make money out of the transaction, His Worship ordered Wong Chuk Lam to pay a fine of $100 and sentenced Pang Kun Chi to a fine of $100 and six weeks' imprisonment.
Mr. Wilkinson applied for leave to appeal from his Worship's "decision on behalf of his client.
Leave to appeal was granted, and buil was al- lowed.
Mr. H. L. Dennys (Crown. Solicitor), Mr. J. Hastings, and Mr. C. D. Wilkinson again appeared before Hon. H. E. Wodehouse on 13th Nov. notice having been given them that the case of champerty would be re-opened.
The Magistrate stated that on consideration he had decided that he had no power to inflict a fine on Pang Kun Chi as well as pass upon him a sentence of imprisonment, and he had further decided the offence did not call for a sentence of hard labour. He, therefore, varied this decision as regards Pan Kun Chi to a sentence of imprisonment without hard labour for six weeks. The sentence on Wong Chuk Lam would stand.
THE HONGKONG WEEKLY PRESS AND | having entered into a recognisance to prosecute the appeal but not having given bail in $1,000 as required by the Magistrate on Monday last; but eventually His Worship released Pang Kun Chi without requiring any further recognisance to be entered into,
THE LICENSING SESSIONS.
[November 18, 1897.
only a short time, and the only remedy for that is the question of putting spirit in bond, which I am afraid is impracticable in this colony. In Canada, I believe it is the law that no spirit can be sold which has not been bonded for at least twelve months, and if something of that sort can be adopted it would be all right, but in the absence of any excise here at all, I am afraid it is impracticable. It is not the question of adulteration of spirit with water; it is the ques- tion of crude spirit, which I believe can be
The annual Licensing Sessions of the Justices of the Peace was held on 11th Nov, in the Justice's Room, at the Magistracy. Mr. H. E.imported at $1.50 a case. Wodehouse, Police Magistrate, presided, and the Justices present were:-Messrs. N. J. Ede, C. S. Sharp. A. Findlay Smith, C. B. Ladds, G. T. Veitch, Dr. Clark, Dr. Hartigan, Mr. W. M. B. Arthur, and Mr F. H. May. Captain Superintendent of Police.
All the applications were granted with the exception of that of A. R. Hock Goon for the Grand Hotel.
Before the applications were considered some discussion took place on the sale of crude spirit. We are indebted for our report to the China Mail.
Mr. SHARP-Before we proceed further, I am given to understand that during the past year some of the holders of licences have been had up and convicted for selling adulterated liquor. I might venture to suggest that it would be a good thing if you could indicate to us the names of those people, so that when their licence comes up for consideration we might have it before us and also the nature of the offence.
Mr. WODEHOUSE-Anything that has been done during the last year in respect of these cases you will be informed of.
Mr. SHARP-I was also going to make a few remarks on the quality of the liquor. I have been informed on good authority that the quality of the liquors sold in some licensed houses in this colony is of such a description that it produces not only the ordinary intoxi- cating effect, but also a maddening effect, and that people are brought into trouble not so much from their own fault as the effects of the liquor sold them. I do not know whether the Ordin-
ances now in force give the necessary power to those whose business it is to supervise this thing, but if they do not I think representations to the Government on this subject would not be amiss. This is only what I have been told outside.
"
Mr. WODEHOUSE-1 do not know that we cau do anything with what you mention. It is a case that might properly come to the notice of the Government. Unless there is something against any particular house in selling such kind of liquors you mention, I do not know that we can deal with it to-day. I think it is a very proper subject for the Justices to take up if they wish to, and if it is the case think what you say is certainly very proper.
Mr. VEITCH-Is this the question of the quality of liquor? Don't you remember that was brought up about five years ago, and I fancy it was suggested that a Committee of the Justices should go round and test it. (Laughter.)
Mr. EDE-I might mention that there is a law by which adulterated liquors can be seized. It comes under another point altogether. The Sanitary Board does that.
Mr. Wodehouse read the definition of adul- terated liquor în the Spirit Licences Ordin-
ance:-
Mr. WODEHOUSE-If it is the case that such liquor can be sold, it should certainly be brought to the notice of the Government, but I agree with Dr. Clark that the only remedy is to have it in bond, and I believe that is impracticable.
Dr. HARTIGAN-There is not the slightest doubt that this spirit is brought into the colony, and something ought to be done to stop its sale. As I have told you before, I have been told posi- tively that men who have borne good characters in the regiment have gone in and had one glass, and have come ont and did not know what they were doing. That is not good whisky, and no whisky I have ever had experience of ever did that. (Laughter.) That was a question broached some time ago, when Captain Deane was head of the Police, and we suggested that some an- alysis should be taken, and my recollection is that they said it had nothing to do with the Police. If the evil is there, there ought to be found sound remedy, and we as Justice, as Mr. Wodehouse says, ought to bring it to the at- tention of the Government.
Mr SMITH-I may state that potato spirit is not whisky, and if potato spirit is sold as whisky prosecution can follow.
With my thirty years' experience in the colony, I know there is a large quantity of potato spirit sold as whisky and if they can bring it to that point, I think they can be prosecuted.
.
Mr WODEHOUSE-I think the Justices can consult together afterwards and provide some means for preventing the sale, and I shall undertake to see that this is brought to the notice of the Government.
Mr SMITH-In the meantime might I sug- gest that those people selling such whisky in the west part of the City might be told that this is a breach of the law.
+
Mr. SHARP-I do not know that any distinc- tion could be drawn from west and east.
Mr WODEHOUSE-I think we might proceed now, and the remarks that have been made will be brought to the attention of the Government. I think we might have an informal meeting afterwards, and see if there is any resolution we could submit to the Government.
INTERPORT RIFLE MATCH.
Hongkong fired off in the Interport Rifle Match less than Singapore. The conditions were not on 11th Nov. and made a total of 916, or 18 very favourable, the wind, from the right rear, being of variable force, and the light uncertain. Sergt. Bowry, who was thought to be good for 95, was unfortunately seized with slight sick- ness at the 500 yards, which made him shaky and brought down his score to 84. The score was further reduced by McPhail making a miss of the last short fired in the match. The performance of several other members of the team was also below what it had been in prac
tice. The total, however, was the same as that with which Hongkong won last year. The aggregate scores were as follows:-
D. McLennan
G. P. Lammert E. C. Shepherd E. Robinson
“Adulterated liquor shall mean any liquor mixed or coloured to the prejudice of the pur- chaser with any ingredient whatever, or with water, either so as to increase its balk and measure, or so as injuriously to affect the quality of such liquor, or to conceal its inferior quality, or any liquor which is not virtually of the nature and quality demanded by the pur- chaser, or of the liquor which it is labelled as being or purporting to be, whether such adul- terated liquor be injurions to health or not. Spirits shall not be considered adulterated if mixed with water only so as not to reduce the strength more than twenty-five degrees below Sergt. Bowery proof in the case of brandy, whisky or more than thirty degrees below proof in the case of
Mr. Wilkinson objected that the magistrate had no power to vary his decision after notice of appeal had been given and application had been made to state a case, unless such applica- tion had been withdrawn. He had no inten- tion of withdrawing his application and there- fore he could not consider his Worship's decision of Monday last, the 8th instant, as having been varied. He said that the Magistrate had, without any jurisdiction to do so, passed sentence upon his client of imprisonment with hard labour for what had been alleged by the prosecution to be 8 common law misdemeanour; and his client had already done three or four days' hard labour, and it was there- | gin." fore too late now for his Worship to remedy the
error.
Some argument passed between Mr. Dennys, Mr. Wilkinson, and the Magistrate with re- ference to the release of the Pang Kun Chi, he
Dr. CLARK-I think, sir, Mr. Sharp's point is that this is crude spirit. We can only prosecute for adulteration by water, and water rather improves that spirit. A good deal of 'crude spirit is sold, spirit which has been made
W. Stewart G. C. Hayward
G. H. Coles
W. J. Macdonald H. McPhail
200 500 600 Tl. 32 35 31 98 34 31 31 96
30 34 31 95
36 32 32 94
31 33 30 94
30 31 30 91
31 33 25 89
28 29 31 88
30 34 23 87
32 25 27 84
Total...
...308 317 291 916 The shot for shot scores at the three ranges were as follows:-
G. P. Lammert D. McLennan
200 YARDS.
5555554-34 5544455--32 4455554-32
Sergeant R. Bowery, R.E. G. H. Coles ........................................................................... 5445445-31