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THE HONGKONG WEEKLY PRESS AND
Ching-a dream which will one day threaten | the case ought to-be tried before the In- | to become something much more tangible and which therefore mut not simply be dismissed as a harmless illusion.
In no part of the world does the con- tinuance of old alliances among the Powers of Europe or the formation of new pro- mise to have more influence than in the Far East. The whole question of the stability of China is bound up with the maintenance of a certain equilibrium be- .tween the various national aims of the Powers. The old alliance between Britain and France in Chinese affairs did much to guide the progress of China in the direction which it took for a large part of last century. The temporary compact between Germany, France and Russia, after the China-Japan War, took from Japan what she has won from China and installed in Japan's place far more terrible masters in China. The Anglo-German Agreement promised to maintain China's integrity, though it has jet to fulfill its promise. A wider com- bination of Powers, including the United States and Japan, might settle the Chi- nese question finally, as far as any finality is possible. But the likelihood of the Powers holding together long enough to come to a proper and honest decision is unfortunately none too great. Nearly every "Concert" of Powers has proved a fiasco hitherto. The present one, if it fails, will be the most dismal failure of all.
THE COURT OF ARBITRATION.
$
[May 4, 1901.
Mr. OSBORNE complained of. The com- penstion which was to be given to the jury was $15 a day, a higher sum than usual, but still one which was absurdly inadequate for the loss of time which was certain to be caused. Even in the case of a leading business man who has a partner resident in the Colony, the inconvenience and disloca- tion of work caused by several days' en- forced attendance at the Supreme Court could not be otherwise than serious. In the case of a merchant who is the sole head of his firm, matters are of course far worse. Continued absence from his post may well be impossible for him. As it was put by one of the jury at the time, it is open for such a person the fine which would follow. to stay away from the Court and submit to
from the fact that the merchant would be But apart
summoned to the Supreme Court to pay this fine, there is the undignified nature of the proceeding, from which the head of a leading local firm might well shrink. And thn there is the case of the principal architects, brokers, etc., to whom absence from their ordinary duties might not only mean loss of time, but also absolute loss of business, involving possibly large sums of money. Except for a matter of absolutely the first importance to the Colony it is unfair to call upon such persons to sacrifice their lawful business.
ternational Board of Arbitrators, and counsel on each side heard; and after a fair trial the verdict be returned of guilty or not guilty. If guilty, it would of course be the proper thing to decide in the first place the penalty; and this fixed, it would follow as a matter of common justice that the penalty should be carried out by the Powers named without favour, and exactly as directed. Such a courɛe would leave no room for pri- vate vengeance, nor for any one country attempting to gain an advantage over its neighbour. Germany lost a Minister and a few missionaries; to what relief is she en- titled? Ainerica lost a good many mission- aries, murdered in cold blood; what is to be the portion of the punishment to be performed by her Russia did not lose a Minister, nor even a missionary; what should be her remedy? It is evident that if the Court is to be more than a farce it should have the power to settle these things; and not only to decide, but to have the authority and power to enforce its decisions. Then Russia could put in her claim to be compensated for the inconveni- ences to which she has been put, by a slice of Manchuria; and it would be the privilege of the Court to decide exactly how much, and where. So Italy could put forward a like request to be compensated by what in legal phrasiology is called "mental anxiety,” The Chief Justice met the complaint and so on with the others. It is very brought forward by Mr. OSBORNE in a met evident that it would not be for want of sympathetic manner, and released the jury matter that the Court would sit idle. Russia from their attendance. He pointed out (Daily Press, 4th May.)
was, it is well to remember, the first to that a special jury in the case in question According to recent telegrams, the Hague would be a fitting time that she should be instance of one of the parties, the order pro- propose the constitution of the Court. It had only been summoned at the particular Court of Arbitration has been constituted, the first also to request its jurisdiction. though China, Turkey, Mexico and Luxem-
It viding for its mode of trial having directed bourg have not yet joined. It would be it should be the case that Russia has been out a jury; and stated that he had made something of the kind do not happen, or if that it should be heard before a Judge with- perhaps hazardous to say that even those privately trying to influence the individual it a condition of granting the application Powers that professed themselves most metabers of the Court, then of course the for a jury that each juryman should interested in the establishinent were at all natural conclusion is that Russia really receive $15 per diem. Sir JOHN CARRINGTON anxious to see the Court in working order; intended the whole thing as a "fake.' or that there has been any advance towards has her chance: will she take it?
She also mentioned that in two Colonies in a general wish to avail themselves of this
which he had been, St. Lucia and British new method of settling differences. History
a state of affairs which was quite satis. Guiana, there were no juries in civil cases, goes back for a few thousand years, und within that period there is scarcely n
factory to the inhabitants; and that he (Daily Press, 3rd May.) instance of a state being guided in its
understood that the same rule prevailed in The question raised at the Supreme Court the Straits Settlements. His advice to the relations with its neighbours by principles yesterday morning by Mr. E. OSBORNE, jury was that if they felt strongly in the of abstract justice; nor has the period since foreman of the special jury summoned for a the Congress at the Hague has been held small civil case, concerning a trade dispute under the consideration
matter they should bring their opinion shown that any higher appreciation of the of no vital gravity, was one of very great Governor, who could take steps, if he of H.E. the moral rights of nations exists than formerly interest and importance to all business men thought fit, to bring about a change in the amongst the Powers. As a fact, conceal in Hongkong. When the time arrived for law. As Chief Justice, it would be un- it as we may, interest instead of sentiment commencement. of the case, Mr. OSBORNE becoming for him to move in any way. He has been at the bottom of all our recent brought forward the following protest:- troubles; and interest rather than a desire
also mentioned that the new. Code, which (1). Is it necessary in the interests of comes into operation on the first of July for justice, we may be sure, will continue 'justice that a special jury should be called next, would reduce the right of parties. to be the guiding spirit in international for this case? (2). Is it in the interest to demand a jury and assimilate the disputes to the end of time. There "and for the benefit of the community that practice to that prevailing in England. are of course instances where, owing we should be called upon at great personal With this weighty expression of opinio. to the apparet absence of any personal inconvenience, and possible loss, to devote on the part of His Lordship, those bias on the part of the arbitrators, it has "valuable time over a case of this kind? who concur in Mr. OSBORNE's complaint been found possible to agree in a reference, (3). If these questions cannot be answered will feel encouraged to but even in such a case it is seldom that
go on and decisions have been free from outside in- "fully protest at being compelled to sarve,'
"in the affirmative, we would n:ost respect- bring their grievance before the Governor. fluence. The most recent instance is a case Mr. OSBORNE went on
There is no doubt that they do, as Sir Joнx in point. It was left to the Swiss Republic case which the jury had been called upon they should not be called upon to sacrifice to say that the CARRINGTON suggests, "feel strongly that to decide in the case of the Delagoa Bay to try was only a trivial trade dispue their time and their business interests by Kailway and the King of Portugal. The His Lordship the Chief Justice could attending the Court for the trial of issues in case was one of a nature such us comes settle equally well without the aid of a civil cases." before
re courts o
of justice almost daily; it was jury. Mr. OSBORNE therefore asked that able standing, but now that the sufferers The abuse is one of consider- a simple trade contract involving no inter- His Lordship should either disallow a have bad the courage to expresss their national problems, and might have been jury in the case in question or direct opinions there is every reason why they closed in a month at the outside. It was that each juryman be paid $100 a day "to should proceed to try to secure the re- left undetermined for nine years, and after compensate for loss of time and as a checkmedy. wards decided contrary to the evidence and upon the legalised tyranny which members agine, lie in the reluctance of the judge The main difficulties, we im- -law. The Arbitration Court has how-of the legal profession exercise over the to take the undivided responsibility. 10
leading commercial men of this Colony in cases and in the occasional their abuse of the jury system." This was a strongly worded statement of the case, but should not the sole arbiter. It has been one or other party in a case that the judge we think that the majority of our readers suggested that the aid of an assessor should will agree that it is a pressing grievance which' be requisitioned, if desired by the judge or
the
ever, we are informed, bean constituted, and at the moment a very pretty little question, or rather two or three, are on the tapis, China has committed what all allow is a reime against international law; palpably
If
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THE SPECIAL JURY GRIEVANCE,
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