260
at the Observatory of issuing meteorological reports and furnishing weather forecasts. The Chamber supported the recommenda- tion, remarking that the value to a com- munity largely interested in shipping, and also to the native boat population, of early information regarding atmospheric distur bances and the probable course of typhoons forming in the neighbourhood could scarcely be over-estimated. As Munila, from its situation, must in almost every case have information of the formation and probable course of typhoons soine days before the Hongkong Observatory the opinion expressed by the Chamber of Commerce on that occasion might be applied equally to the undesirability of discontinuing the storm warnings from that station. As well might the English meteor- ological authorities try to dispense with information telegraphed from America, which information is in point of fact the
most material element on which their fore- casts are based.
"
GE
"
The Government acceded to the request of the shipping community and appointed a committee, with Dr. DOBERCK as the chair man, but owing to the impracticability of that gentleman the committee resigned without having arrived at any definite re- sult. The members of the committee, in addition to the chairman, were Captain A. W. MILLER, R.N., Captain A. TILLETT, and Captain F. D. GODDARD. These gentle- meu desired to add two more to their num- ber, and in forwarding their recommendation to the Government Dr. DOBERCK wrote:- I would venture to call His Excellency's "attention to the fact that I do not know any "precedent for appointing anybody on such a "committee except meteorologists. On the present committee meteorology is repre- "sented by myself only, and there are three "nautical gentlemen who are not acquainted "with the subject.' Captain G. C. AN- DERSON subsequently joined the committee. On the members learning, however, of the terms in which they had been referred to by the Chairman they naturally took exception thereto, and this it was that led to the break-up of the enquiry. In forwarding the resignations to the Govern- ment Dr. DOBERCK Ɛaid :-"That the mem- "bers knew nothing of the subject is proved by the fact that they did not finish the "Committee and agree to a report in one sitting, as a committee consisting of meteor ologists would have been able to do. I was obliged to enter into rudimentary "explanations to enable them to understand "the first principles of issuing weather "forecasts." The members in a joint letter to the Government took exception to this statement. That Dr. DOBERCK did enter into rudimentary explanations, they said, was undeniable, "but it was not by our "wish or desire, and he was frequently "assured by us that it was unuecessary, as
"
44
THE HONGKONG WEEKLY PRESS AND
tion through the acts of one of its servants. The Government is as a rule reluctant to pass any public censure upon an official or to publicly disavow his acta unless in extreme cases, and rightly so, for censure on an individual officer touches more or less directly the dignity of the civil service as a body; but the present is a case in which consideration for the public interest should override any service considerations that may arise. Navigators cannot be deprived of valuable storm warn- ings, and be thereby exposed to disaster, merely because an official of the Hongkong Government regards the source of those warnings with envy.
CREMATION.
[April 1, 1899.
On
the plaintiff obtained an ex parte motion for an order in terms of the writ of summons. 21st of March, Mr. Francis, on behalf of the defendants, moved to discharge the order by way of an injunction on two grounds (1) that the Court had no jurisdiction to make the order sought to be discharged, (2) that even if the Court had jurisdiction the Court ought not on the facts placed before it by the plaintiffs to have made the order. The law applicable to the case here did not appear to be different from the law applicable to similar cases in Eng- land. Section 18, sub-section 2; of the Code of Civil Procedure, even if it had applica- law on the subject, because it was substan- tion, was not different from the English tially in the same terms as Section 82 of
the Common Law Procedure Aot 1854. Sub- stantially the law of the colony was in the same position as the English law. The cases, there- fore, decided by the Courts of Law in England (Daily Press, 30th March).
of this kind might be held to govern the Court In connection with Mr. GRANVILLE in this suit. The declaration ̈¤led by the plain- SHARP's lecture on cremation delivered on tiff and his son supported the application for Tuesday afternoon the fact may be recalled the writ of summons, and showed that the that in September last the Sanitary Board plaintiff and defendants resided in this colony recommended the Government to erect a
and carried on business in this colony. His small crematorium for the purpose of buru-innotions granted by the Courts in England Lordship referred to the cases bearing on in- ing the bodies of cattle dead of infectious to restrain proceedings in foreign courts, disease and also on a separate site a small and applying the principles laid down in public crematorium for the use of such these cases to the present case he said he sectious of the public as might desire to avail themselves of it. The recommendation recommendation has been made by a public was not accepted, but the fact that such a and official body may be taken as in- dicating that the sentiment in favour of cremation is growing. The sanitary objec- tions to the disposal of the dead by earth burial are now generally recognised, but public feeling has not yet attained sufficient strength to induce the Government to move in the direction of making cremation gen- eral or compulsory. The feeling may per- haps rather be described as one of in- difference, there being no active hostility to cremation, and, on the other hand, no marked inclination in its favour except the part of a few. If facilities for cremation were provided, however, they would probably be taken advantage of in an increasing ratio year by year as exam- ple gathered force. Shanghai, being a self- governing community and more progressive than Hongkong, has already provided itself with a crematorium. We are afraid it will be a long time before the Government of Hongkong will be induced to move in the same direction, but if any gentleman of fortune inspired by philanthropic motives would make a present of a crematorium to the colony possibly the Government would not object to become responsible for the cost of upkeep.
on
SUPKE LE COURT.
25th March.
IN ORIGINAL JURISDICTION.
"not only we, but most shipmasters and BEFORE SIR JOHN CARRINGTON (CHIEF
"nautical men were well acquainted with "these principles. Assuming, however,
"his prerogative as Chairman of the Com
"
"mittee the rudiments were carefully ex- pounded before Dr. DOBERCK could be "induced to proceed to more weighty
matters."
Taken in connection with his recent attack upon the Manila Observatory the expressions made use of by Dr. DOBERCK go to show that that gentleman has an inflated idea of the extent of his own know- ledge and attainments and that he enter tains no respect for other people's. The value of the information supplied by the Manila Observatory is great and undeniable and we trust that the Government will not sanction the discontinuance of such informa
JUSTICE.)
CHAN A KEUNG V. CHU KING WAN
AND OTHERS.
Do
came clearly to the conclusion that if the proceedings sought to be restrained in this
be no right to grant an injunction against the case were in a country subject to the in- fluence of uropean civilisation there would continuance of these proceedings. Was that view altered by the fact that these proceedings had taken place in a Court in Chins which was not subject to the influence of European civilization ? That was a question of some difficulty. It was a very large question. be thought. generally speaking, the Courts in British Courts. He had not a precise know China were not regulated in the same way as ledge of them, but he was not prepared to say that the Courts in China. could not exercise justice fairly and impartially. It might be their procedure was not as complete and As advanced 88 in English Courts, but still there were reasons before him why he should say litigants could unt obtain complete and perfect justice before Courts in China. It might be defendant had a perfect right to proceed before the Sun U Magistrate's Court, and he did not think the Court ught to restrain him from doing so if he had such right, If he bud such right, he presumed the Sun U Court would say so; if he had not such right he presumed the Court would also say so. He did interference in the proceedings in the Sun U not think there was sufficient reason for bis
Court, and he thought the case of plaintiff bad failed. At the same time if plaintiff was able to establish any independent equity in the sense he bad referred to and asked for an in- junction, he wished it to be understood that the judgment was not to interfere with his right to do so. At present the grounds he had put forward were not sufficient to maintain bis action, and therefore on the anthorities he had referred to the suit failed.
The defendant obtained the general costs of the suit, plaintiffs receiving the costs of an ad. journment occasioned by shortness in the period of service of a notice of motion, each side to-
bear their own costs on a motion to commit.
Mr. H. E. Pollook (instructed by Messrs. · Wilkinson and Grist) appeared for plaintiff; Mr. J. J. Francis, Q.C. (instructed by Mr. C. Ewens) appeared for defendants.
27th March.
TANG CHANG SHI, PLAINTIFF v. BRUCE SHEPHERD, ADMINISTRATOR OF THE Estate of Tang Lok, deceased, and TANG KAM Shг, EXECUTRIX OF THE ESTATE OF TAng Tung SheNG, DECEASED, DEFENDANTS.
The Chief Justice, in delivering judgment in this suit, said plaintiff brought the suit to claim an injunction to restrain the defendant from carrying on in the empire of China or in TANG YANG MAU, BY HIS NEXT FRIEND any tribunal whatsoever other than that honour. able court any suit or other proceedings in which defendants allege that the plaintiff is one of the partners in or was otherwise respon. sible for the debts of the King Wa firm on the ground that the plaintiffs and defendants reside of that honourable Court and that the said and carried on business within the jurisdiction King Wa firm had always had its place of business in this colony and had no place of busi- ness in the empire of China. On 4th March,
1
for the plaintiff; Mr. Pollock, instructed by Mr. Francis, Q.C., instructed by Mr. Holmes, Messrs. Deacon and Hastings. for Tang Kam Shi; Mr. Slade, instructed by Mr. Ewens, for Tang Ho Shi; and Mr. Robinson, instructed