i
188
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THE HONGKONG WEEKLY PRESS AND
and the remark that the resolution he had human beings; in fact, so far as we are proposed "committed the Council to nothing" aware, Hongkong is the only place where the must, after Mr. ORMSBY's explanation, be conicidence of the two diseases has excited read as applying only to that particular remark. Dr. ATKINSON, however, claims branch of the subject, and not to the whole to have discovered the bacillus of rinderpest, question. Without the explanation, how- and that it is almost exactly the same as ever, the remark would bear a wider con- plague bacillus. 'If it be really the case that struction, and at the next meeting of Coun- the two diseases are related, and that the one cil the Hon. T. H. WHITEHEAD specifically may give rise to the other, it is possible that asked what meaning was to be attached to this year the cattle have caught the infec- it, and received no answer. Having quoted tion from human beings, for plague has for the remark, Mr. WHITEHEAD said:- "I some time past been present in the colony, "should like to know what that really means. the number of deaths averaging about four a "I do not understand it." H.E. the Acting day. Plague is said also to be prevalent in Governor said a question of that sort could the neighbourhood of Swatow, with which hardly be asked-a somewhat peculiar place this colouy is in frequent communica- ruling-but went on to say that the Direc- tion. There is no cause for alarm at present, tor of Public Works had the right of reply as the disease does not appear to be on the after the motion had been argued and might increase in Hongkong, but there is every then refer to the statement he had made. reason for the exercise of the closest vigil- Mr. ORMSBY, however, did not exercise his ance, as with the disease in our neighbour right of reply, and the question asked by hood and actually within our gates there is Mr. WHITEHEAD had in the meantime ap- no saying how soon it may assume the parently slipped his memory. Mr. ORSMEY proportions of an epidemic. The Lancet has now claims that the resolution, so far from already remarked on the recrudescence of committing the Council to nothing, finally "plague in Hongkong" and deplores the fact settled two questions, 50 far as
that that "our colonies cannot see the desirability body is concerned, namely, that the of taking action or modern lines," that is, new Law Courts should be built on the following the recommendations of the Venice site immediately in front of the City Convention and establishing a system of Hall and that the new Post Office and medical inspection of all passengers arriving Treasury, and possibly other Government in the colony. Whether the disease has this offices, should be built on the site now oc- year been developed in the colony itself or cupied by the Post Office and Supreme has been introduced from outside there is Court in Queen's Road. That, however, is no information to show, but the desirability quite a mistake. The resolution did in fact of preventing its introduction seems so commit the Council to nothing, that is, obvious that it is difficult to understand the nothing more than an expression of opinion repugnance of the shipping community to which is in Do sense binding and may the adoption of the recognised scientific be reversed at any time. The final settle- measures for attaining that end, for in the ment of the question will come when the event of an epidemic the shipping interests Council is asked to vote the money for carry-would be among the chief sufferers com- ing out the projects. As regards the Law mercially, on account of the quarantine that Courts, since all parties are agreed that a new would be imposed at other ports. building is necessary and that the site in front of the City Hall is the best for the purpose, there is not likely to be any reversal of the opinion expressed upon that point. As regards the Post Office, however, the matter is on a different footing, and if the advocates of the Praya site choose to re-open the question they will be at per- fect liberty to do so. Assuming the reten- tion of the Queen's Road site to be finally determined upon, however, the further question arises whether a new building is necessary or whether the existing buildings could not be adapted to meet all require ments. The resolution passed the other day cannot be taken as committing the Council even to an expression of opinion in favour of the demolition of the existing buildings, since the idea of their adaptation was not broached in the course of the debate, which was confined entirely to the relative advan- tages of the two sites.
DR. ATKINSON UN PLAGUE AND RINDERPEST.
SUPREME COURT.
5th March.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT.-SIR JOHN CARRINGTON (CHIEF JUSTICE) and Mr.
A. G. WISE (PUISNE JUDGE).
C. E, PATTEN, APPELLANT, V. A. BRENNER,
RESPONDENT.
#
of the American ship R. R. Thomas, sought to have In this case the appellant, who is the first mate set aside the decision of the Hon. H. E. Wode house on the 18th February, whereby he was sentenced to imprisonment for six weeks with hard labour for assaulting the respondent.
Mr. H. W. Slade (instructed by Messrs. Wil-
[March 12, 1898.
spondent within ten days. I do not think the respondent has been served.
The Chief Justice-For whom do you ap
per
The Attorney-General-I appear for the
Crown.
The Chief Justice-What has the Crown got to do with it?
The Attorney-General-It is a case in which the Queen-
The Chief Justice-The notice was not served on the Magistrate. You do not appear for, the Magistrate P
The Attorney-General--No, my Lord, I men- tioned it with a view to having that matter settled.
The Chief Justice-I do not see how you are here unless you appear for the respondent.
The Attorney-General-I.cannot say that I appear for the respondent; I have not seen the respondent. I appear rather with the view that the Court may be informed of any matter that took place before the Magistrate. It was quite competent for the respondent to have his own solicitor and his own counsel to appear here. It has been the usual course to serve the re- spondent, but the Crown Solicitor has been served. We did not ask to be served, but I thought
I
ought to be hero, as notice has been served upon us, on behalf of the Crown. I thought it was only respectful to the Court that I should appear here and point out the strong view the Crown entertains as to whether there was jurisdiction to deal with a man for an assault of this kind on board a ship lying in our harbour.
The Puisne Judge-That point is not raised, The Attorney-General-Of course as the respondent has not been served the Court has no jurisdiction, as ten days have elapsed, and therefore the apellant's case must fail.
The Puisne Judge-The notice should havO been served upon the respondent, and the Crown could have taken the case up if they thought it good enough.
The Chief Justice-Mr. Attorney, will you appear for the respondent or not?
The Attorney-General-No, my Lord. I have not been asked by him to appear.
The Chief Justice-Then I do not think the Crown has any locus standi.
The Attorney-General-If the notice had not been served on the Crown Solicitor I should not have appeared..
The Chief Justice-Well, Mr. Attorney, there has apparently been a misapprehension in the matter. Would it, not be better to waive irregularities and for you to appear formally for the respondent in the matter, and argue the case. on its merits P
The Attorney-General-The difficulty is that your Lordships have not statutory power, as the Court cannot give jurisdiction if all the conditions of the Ordinance have not been complied with.
The Chief Justice-Is the respondent here? The Attorney-General-He is here, although the notice has not been served on him. (Turning to the body of the court.) Is Brenner here ?
Someone in court-No.
The Chief Justice-Has ho communicated with the Crown Solicitor ?
The Attorney-General-No. The respondent . --
kinson and Grist) appeared for the appellant. has been arrested for deserting his ship, and the Hou. W. M. Goodman, Attorney-General (in- structed by Mr. H. L. Dennys, Crown Solicitor). appeared for the Crown.
Mr. Slade said he appeared on behalf of the appellant, C. E. Patten, who was chief mate on the American ship RR. Thomas, which was lying in the harbour, on an appeal against the decision of the Magistrate, by which the appel- lant was convicted of an assault upon the re- spondent, A. Brenner, who was a seaman on board that ship, and for which assault the ap- pellant was sentenced to six weeks' imprison. ment with hard labour. The case for the ap. pellant came before the Court under Sections 104 and 105 of the Magistrates Ordinance. Leave to appeal had been granted by the Magis- trate. The grounds of the appeal, which decision of the Magistrate was erroneous in point of fact, and contrary to the weight of evi- dence, and secondly, in the alternative, that the sentence of six weeks' imprisonment with hard labour was excessive
case has been remanded.
Mr. Slade said the remarks of the Attorney- General were absolutely and completely foreign to any question before the Court. The learned Attorney-General was in a very anomalous position. He did not appear on behalf of the respondent, and he appeared on behalf of the Crown, and the Crown had no part in the proceedings. He had absolutely no locus standi to appear before their Lordships.
The Puisne Judge-What is your explana. tion of not having served the respondent ?*
Rather an alarmist note was struck by Dr. ATKINSON at the special meeting of the Sanitary Board on the 3rd March. He would like to mention, he said, that in 1894 there was an attack of rinderpest amongst the cat- tle before the plague broke out in this colony; again in 1896 there was another outbreak of rinderpest before the plague epidemic of that year; there might, he added, be some connection between the two, and he was by way of reheating, were that the proceedings; it was a private prosecution thought there very probably was. against that opinion we may set the act that outbreaks of rinderpest have taken place amongst cattle in various parts of the world at various times without being followed by any outbreak of plague amongst
As
"The Attorney General (interrupting)-Section 105 requires service of the motion on the re-
Mr. Slade said the respondent disappeared, and the ordinary course had been taken by the notice of motion being served on the Crown Solicitor. The Crown was no party to these Notice of motion was served upon the Crown Solicitor, and the Crown Solicitor accepted service. If he had no instructions from the res- pondent, his duty was to have returned that notice, and said he had nothing to do with it. He said nothing about this, and the Attorney General came to the Court and, in spite of the Crown