THE HONGKONG WEEKLY PRESS AND
material, but, in this special case, the Counsel for defence says it is material in this sense, viz., the murder took place before midnight it conrred on the 17th April and he says the England with regard to murder was not Lores in that part of the Colony known as the New Territory till immediately after mid. night of the 17th, that is to say, till the first moment of the 18th April, because the Pro- olamation of the Governor fixed the 17th as the date from which all laws and ordinances which should at that date be in force in the colony of Hongkong should take effect in the said territories. It is urged that "from the 17th " does not include the 17th, but is equivalent to saying "immediately after the 17th..
Now, it is laid down in Stroud's Judicial Dictionary, and I think correctly, that term limited to commence from a certain day will be taken to include or exclude that day ac cording to the context and subject matter."
W
Take, for instance, an example from every day life. You ask a friend to come and stay with you as long as he can. He replies, I will come and stay with you from 17th April to 20th. You would surely expect him on 17th | So if you wrote for rooms hotel from 17th you would expect to find them ready on that day and surprised if you were told the proprietor only expected you on the 18th. So, in Sidebotham v. Holland (1895), 1 Queen's Bench Division p. 378, Lord Justice Lindleyin the Court of Appeal, speaking of notices to quit, says, "I can find no distinc- tion between tenancies commencing 'at' a particular time or on a particular day and from the same day. At, on, and from, and on and from,' are for this purpose equiva- lent expressions."
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1
Now, when the context is looked at in the Proclamation, the laws that are to come into force from 17th are those which shall at that date be in force in Hongkong. The only date mentioned is 17th April and seeing the object was to make all the laws apply to the new ter. ritory, it was hardly likely it meant to say the laws in force in Hongkong on the 17th shall bei force on the 18th in the new part of the Colony. It seems to me rather to mean that the laws in force on the 17th in Hongkong should also be in force on the 17th in the new territory
part of the Colony, and then provided that all laws of Hongkong should come into force there from a date to be fixed by Proclamation. Now, although the Chinese authorities were allowed to exercise their jurisdiction and administer their law until the territory was actually taken over and the theoretical possession turned into an actual one, yet from the moment the Governor took over the territory, viz. 16th April, 1899, Chinese jurisdiction and law ceased to have effect, and although it might not be right to substitute all the complicated laws of Hongkong till the time proclaimed, it would be strange if people on British territory, forming part of the colony of Hongkong, could be murdered with impunity between the 16th and 18th April, 1899). It is one thing to say the whole body of law, civil and municipal, shall not apply till a certain time, it is another to hold that the elementary common law of England, protecting people from murder, shall not be in force. It seems to me rather that directly the territory was actually taken over, the people in it came within the Queen's peace and were entitled to the protes tion of life and person afforded by the English law of murder.
However, I will reserve the question for further consideration whether the English law of murder was in force on the 17th April, 1899, in that part of the Colony known as the New Territory, and try to decide it next Thursday. I will not reserve the question as to the date and amendment of the information as, I enter- tain no doubt that the 18th having been alleged
in the information, it is sufficient if it is found the murder occurred shorthly before or shortly after 12 o'clock at night of the 17th April 1899.
5th July.
Tang Tsing Sz and Cheong Ting, who had been indicted for the murder of Tang Choong, at Un Loong, on the 18th April, came up for
sentence,
Mr. Justice Wiso occupied a seat on the bench. Mr. Slade, who appeared for prisoners, said that since Monday, when his Lordship deli- vered judgment on the point as to whether the Court had jurisdiction over the new territory on the 17th April, he had had an opportunity, which he had not before, on ac- Again, Ordinance No. 10 of 1899 was
count of the shortness of time in which he bad intended to prevent the hardship to the been instructed, of looking carefully into this new territories of having certain laws left question, and he had come to the conclusion in force there, not applicable to its circums- that his Lordship's decision on that matter was tances. The Order of Her Majesty in Conncil right. He said this with great diffidence, but had made all the laws of Hongkong to apply to under the circumstances he did not think it was those territories from the date fixed by the his duty to ask his Lordship to consider the Governor's proclamation and decreed that such matter any further, or to advance any farther laws should then take effect and remain in force arguments on the question. He had given the therein until the same should have been altered matter great thought, and though when acting or repealed Now Ordinance 10 of 1899 came for a prisoner one ought to do all one could to into force immediately after midnight,.e. twelve assist him-not in order that he might escape p.m. pf (7th April (see section 16 of the Inter the punishment of his crime, that being a most pretation Ordinance 1897.) It was in force on inaccurate way of putting it, but to give him the first minute of the 18th, and what does it both law and justice--he thought his Lordship recite, speaking as from that time? It says would agree with him when he said he did not and whereas the date so fixed by the Pro-think it was the duty of counsel to press upon clamation of the Governor in pursuance of the said Order was the 17th day of April. 1899, and the said laws and Ordinances accordingly then so took effect and are now in force.”
Now, if the laws alluded to only took effect at the same moment as Ordinance No. 10 of 1899 it is strange that Ordinance should speak in the past tense and say "they then took effect, as well as adding "and are now in forge. It is more reasonable to suppose the recital refers to laws which took effect on the 17th and were remaining in force on the early morning of the 18th. A further question, however, remains. Assum⠀⠀ ing contrary to my present opinion, that the whole of the laws of Hongkong did not come into force in the new territory before the 18th was not the English law of murder in force in the new ory at least from the time it was formally over by the Hongkong authorities, namely,
16th April P****
Order in Council of the 30th October I the new territories to be thereby nd parcel of Her Majesty's Colony of declared it should be competent of Hongkong and Legislative › laws for the peace, order,
ent of the said territories as
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July 8, 1899,
nounce upon the prisoners the sentence the law requires me to pronounce in the men convicted of murder.
which
His Lordship then put on the black cap, and said-Tang Tsing 3 sud Cheong Tin, you stand severally convicted of the crime of wilful murder. It was a very cruel and barbarous murder. You chained your victim round his neck, you bound him hand and foot, kept him con- ^/ fined in a pig basket, and, while in this defence. less condition, shot at him three or four times with a revolver and finally threw him into the creek, where his dead body was found six days afterwards by his son still chained and fastened to the pig basket. The man hal committed no offence in posting a proclamation which only gave effect to the Convention made last year between the Emperor of China and Her Ma-*: jesty the Queen. The sentence of the Court upon each of you is, that you be severally taken- bence to the place from whence you came, and thence to the place of execution, and that you be there hanged by the neck until you be dead, and that your bodies be severally buried in such place as His Excellency the Governor shall order; and may the Lord have mercy on your souls
The prisoners were then removed:
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THE RUSSO-CHINESE BANK AT SHANGHAI,
PURCHASE OF PREMISES.
[SPECIAL TELEGRAM TO THE “DAILY PRESS."]
SHANGHAI, 4th July.
The Russo Chinese Bank has brought Dent's
The terms are private.
property on the Band, covering eight mow.
AFFAIRS ON THE MAINLAND.
The making of the roads on the mainland commenced the other month is being rapidly pushed on with, as many as 1,100 men being employed in the work. The building of Police Stations at Taipohu. Pingshan, and near Un Loong is also proceeding, and another will be not commenced near Shamchun shortly. Why at Shamchun? Is it because its retrocession to China is a foregone conclusion.
THE HAINAN LEKIN FARM.
We are informed by our correspondent at Hoihow that the Consuls at that port have taken measures towards the abolition of the lekin tax on kerosine oil, cotton, and cotton yarn referred to in our issue of the 17th Juus last, and that it may be predicted that the collectorate will soon be put a stop to.
THE WAR IN THE PHILIPPINES.
THE BATTLE-OP ZAPOTE BRIDGE,
[FROM OUR CORRESPONDENT]. ··
Imus, 24th June: Two weeks ago on Saturday at three o'clock, an expedition under the command of General Lawton, consisting of twelve guns of the Sixth United States artillery and six regimente of infantry, began operations on the south line from San Pedro Macati, which have carried the troops to-day as far as the town of Imus the old headquarters of Aguinaldo's Government,
some fifteen miles south of Manila. The com-
the Court arguments which he himself believed to be invalid, and under these circumstances he asked leave to withdraw the application he made that this point might be reserved. He left the matter in the hands of the Court entirely His Lordship said-At the request of the learned counsel for the prisoners, I reserved the question for further consideration whether on the 17th April, 1899, the English law of mand was divided into two brigades under murder was in force in that part of the colony Brigadier General Hoyd Wheaton and Briga- known as the New Territory. For reasons I dier General Samuel Ovenshine, the former stated at the time, I had, myself, no doubt that directing the Twelth, Twenty-first, and Ninth such law was then in force, but in view of the United States Infantry Regiments and the 1st › serious nature of the charge and desiring to Colorado Volunteers, while the latter com- give the prisoner's counsel the opportunity hemanded the Thirteenth and Fourteenth Regi wished of more closely examining the authoriments and Nevada Cavalry. After forming at ties, I thought that no harm could result from San Pedro Macati, General Lawton headed the a further argument upon the subject. Mr. march mounted on his big black American Slade has now had an opportunity of further horse, followed by Wheaton's brigade, mislamu considering the matter and has intimated The troops snaked their way across the low that he no longer desires to dispute the hills in a line some three miles long until about position that I took at the trial in rul- opposite Taguig on the east, and Paranaque on the west, when a well filled trench was dis- ing that t the English law of murder was in force on the 17th April at Un Loong, a position in covered on a line of mounds about two miles in which Mr. Justice Wise concurs. As the pri❘ the direction of Paranaque. Ovenshine immedi soner's counsel no longer desires to argua the utely swung his brigade to the right and made point reserved, it only remains for me to give general demonstration against the defences of
the town. effect to the verdict of the jury and to pro-
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