Jaly 12, 1899
CHINA OVERLAND TRADE REPORT
The Magistrate noted the objection. The Captain Superintendent, continuing his opening, said that on the 7th inst. a Chinese constable was under orders to look after stray dogs without collars. He noticed a dog without collar near the Peak terminus and went to wards it, whereupon a lady interfered and He took no further action. Then defendant come on, the scene, and without enquiring what the constable's business was he proceeded to assault him by taking from him the pole sup- plied to him for catching dogs and threw it away. The policeman endeavoured to explain, but defendant told him in an angry tone of voice to get away. Defendant then went to the Tramway Station and on a seat there he saw sitting two employees of the Tramway Company one an engineer and the other a brakesman. A conversation took place between defendant and these men. Defendant said there were a lot of coolies going about catching dogs and he wished them to give them a good hiding when they saw them at it and he would be responsible. These men had been in the colony for some time, and they replied that perhaps they were police who had been sent out for the pupose of catching stray dogs. fendant asked by whose orders, and one of the men replied that no doubt by the orders of Captain May. Defendant then said Captain May had no business to issue such orders and he did not care who had issued them, and added "You go for them and give them a good hiding and I will take the responsibility." If he suc- seeded in proving these facts, which he thought he should not have the slightest difficulty in doing, he should have to ask His Worship, in justice to the force which he had the honour to command, and in justice to the public, whose servants after all the police were. to extend to the force, and especially to the Chinese portion of it, that protection which the law provides- unless Major Long was inclined to come to his senses, to acknowledge that he acted in a wrong- headed manner, and to tender an apology to the police, in which case he did not wish to press the case unduly!
De-
The first witness called was P.C. Lo Hing. On the Captain Superintendent beginning to question him—
Major Long interrupted. He said he objected most strongly to Captain May putting questions in the way he did. The last time he was there Captain May put deliberately leading questions into the witness's mouth. Captain May should pat his questions in the proper manner.
His Worship-This is being done to save time.
The Captain Superintendent-I am entitled to take my witness through his evidence,
derorders." Major Long asked, "Whose orders?" and I replied "No doubt Captain May's order." Major Long said, "He had no business to give such an order.". I said, "If you'll write to Cap- tain May you'll no doubt get the matter set right. I cannot interfere." Major Long said, "I'll write to the Captain on the matter. I don't care who they are, if you'll hide them I'll be responsible." Witness said, "I suppose they're told to pick up stray dogs; what are they to do?" Major Long replied, "There are no stray dogs at the Peak, they all belong to Europeans," I said, They are catching dogs without collars." Major Long replied, "That's all rot, I can't keep a collar on my big dogs; they pull it off as fast as I put it on."
mation upon it. If Major Long wants information he can get it in the Hongkon Ordinances.
Major Long-The Captain Superintendents of Police having brought forward evidence under the Dogs Ordinance, I may question į Kia-- power under it. I maintain, if I can prove thei- Police have noted illegally, a large portion co their charge against me must necessarily drov to the ground. The charge of isssaultingîn Police constable fell through because they did not send forth a constable with warrants and is uniform, and no further charge should have been brought. I claim my right to examine the Captain Superintendent of Police pokery, The Magistrate-My ruling on that is that you are entitled to call the Captain-Superintensi dent of Police as a witness.
Major Long-I would ask your Worship to be allowed to treat this witness ag à hostile wit- ness.
In reply to Major Long, witness said he saw a number of people standing outside the Tram Station, and understood that there was some- thing going on. The conversation only lasted about two minutes and was exactly as he had atated as near as possible. Defendant did not The Magistrate-You may ask leading ques- tell them they were police. He went down to tions, if that is what you mean, and as data Hongkong in the same tram as brakesman as Major Long-I have here a copy of an Or defendant. He heard a lot of conversationdinance, the Dogs Ordinance. That is the Or. going on in the tram, but he could not say what dinance which deals with the regulation of doge
in the Colony?
The Chinese constable then gave his evidence. He said he was stationed in the Hill district, and that on the 7th instant he received orders from the inspector to catch dogs with- but collars and apparently ownerless. He took with him a bamboo with a rattan noose. When he got to the Tram Station he saw a brown dog with no collar and no badge. He went close up to it so that he could see more clearly and an English lady told him not to catch the dog. He did not move, bat told her she had better go to the Police Station to get a license.. She replied that she would tell the master. Then a Eu. ropean whom witress identified as Major Morris, came and spoke to the lady, and then Major Morris called an Indian constable. Then de- fendant came up, called witness to him, took his bamboo from him and threw it away. He intended to speak to him and tell him he was constable, but defendant, who appear- ed to be very angry, said " get away, get away!" Witness then went to the Police Station. He returned to the Tram Station with a European officer and found that defendant had gone down to Hongkong. The yellow dog was still there. It was without a
collar!
it was about.
Captain Superintendent May objected to Major Long cross-examining witness as to matters which he had not mentioned in his evidence.
His Worship ruled that Major Long had the right to ask the questions he was asking.
Major Long bad, however, no more questions to ask.
On being re-examined by Captain Superin- tendent May, witness said Major Loug made use of the expression "I don't care who they are. If you will hide them I'll be responsible."
His Worship called witness's attention to the fact that this answer did not agree with that he had given to Major Long, but witness said it was the correct one.
Robert Duncan, an engineer in the employ of the Peak Tramway, also give evidence as to the conversation with Major Long at the
Peak terminus on the afternoou of the 7th
inst., Major Long, referring to the constables attempt to catch the dog, saying, "If you see any of those fellows, at that game again give them a hiding and I'll be responsible." Wit- ness replied that they might be police, where- upou Major Long said, "I don't care who they are; if you see them doing it again give them a hiding and I'll be responsible."
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In answer to Major Loug witness said that the latter remark was made to him,
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This concluded the case for the police. Major Long said-The first witness I should like to call in my defence is the Captain Super- intendent of Police. If your Worship will kiudly direct him to get into the box I wish to ask him certain questions as to the legality of the police in their proceedings in this case. In the last case, the police gave evidence very fully as to the necessity of sending police in plain clothes to capture dogs; I would like to ask the Captain Superintendent of Police certain questions with regard to this Dogs Ordinance, I have got a copy of it, but I have not got the police regulations,
Mr. May-I object to answer these questions: it would be entirely irrelevant.
Major Long-I maintain the police have acted in an illegal manner from the start of the case till the end, and I would like to ask the Captain Superintendent of Police to produce their authority. I presume the police are the same as I or any other subject, they are amen- able to the law of the land. I should also like the Captain Superintendent pnt in the box as it is most material to prove that there is a large amount of animus. It is a trivial case, quite trivial, and it is unworthy of the Police to bring such a case, and I maintain I am within my rights to examine the Captain Superintendent of Police as to the statements he has given in evidence and as to his having given certain orders.
James Vanstone, a brakesman in the employ of the Tramway Company, said that. about 4-4 on the afternoon of the 7th inst., he was at the Mr. May-I have given no evidence at all. Peak Terminus waiting for the tram when he
Major Long-Your witnesses have given the saw Major Long there. The Major, speaking evidence, and in your examination of the wit to him and Mr. Duncan, engineer, who was nesses you have referred to the Dogs Ordinance, sitting with him, said. "I wish you mea if Mr. May-This charge is one of disorderly you see any of those fellows outside noosing any conduct in inciting persons to a breach of the dogs to give them a good hiding and I will be peace. The administration of the Dogs Ordin- responsible." || Witness replied, I'll watch in. ance has nothing whatever to do with the case, terfering with them; those are police acting un- Í decline to go into the box to give any infor
The Captain Superintendent-No it is not; only in part.
It is under this Ordinance that the Orders in Council are formulated P-There are no Orders in Council.
Would you tell the Court under what order you deal with the question of dogs, there being no Order in Council?--Ordinance 14 of 1845) Section 4. That is the Ordinance whereby the Police have power to deal with dogs.
Are the Police allowed to seize a dog in any manner they please?—Yes.
That is to say that you can go forth with- practically an instrument of torturea bamboo with a running knot of rattan at the end of it --and capture a dog, knowing full well that if he struggles violently, the chances are that he will be strangled P-I am empowered to use such instruments as I may deem fit.
Are you empowered to shoot dogs in the public highway?—I am under Ordinance 14 of 1845, section 4. I, personally, Francis Henry May, No.
Are you permitted to allow a : constable to shoot in the public highway?-A constable in the Police Force is authorised to use his carbinə under certain conditions.
Major Long-Are you aware of the danger of discharing a rifled carbine ?
The Magistrate objected to the question. The Police were entitled to shoot dogs.
Major Long then read Section 4 of the Aot. and said-Surely this Act is overridden by a subsequent Act."
The Magistrate-You can address the Court later on.
Major Long (to Mr. May)-When was the last case of rabies in the Colony to your knowledge ?. -There were some cases; two or three people died of rabies in 1895.
Have you ever received official complaints as regards dogs at the Peak, made personally st your office-Yes, I have.
Frequently and lately P-Yes.
Could you name one or two people who have made complaints PI decline to give names. People who make complaints do not like their names made public
Whose are the two dogs at the Peak that are causing a lot of annoyance ? No, owners, no licences, no homes. I gave directions to have these two dogs caught, and if they could not be caught to have them destroyed.
What brought them to your knowledge ?--I happen to be living in the Terrace in which they are.
Major Long said probably if a complaint had been made by a private party it would not be very promptly responded to.
Mr. May I do not think any member of the public has ever had any reason to complain that I did not attend to comp
The matter rests the
nts.
to the dogs?—No, as it soundly. I have a good conso do not disturb me in the least degree. have been many complaints in the which I was residing about these dogs. other dogs. I have had to warn one of the terrace that if he did not conne at night he would find his dog, dead
the
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