prison for perjury under the summary powers of this Court.
Mr. Robertson-He may have got mixed up. Mr. Gomperts-I may say I fully agree with what the President says. It seems to me the man has been guilty of wilful and corrupt per- jury.
Mr. Robertson-I venture to suggest that the fact that he is letting himself into such blun- ders shows that he did not promelitate it.
The hearing continued throughout the tiffin hour, and at a quarter-past two an adjournment was made.
Thursday, 12th September.
THE CLAIM TO AN 18LAND.
The case in which Kam Po, alias Cheung Cum Po, a Kowloon farmer, is called upon by the Land Court to prove his claim to the island of Nam Fat Tong, otherwise known as Tam To Island, which he sold to and which is now held in ownership by Mr. A. H. Rennie, merchant, was resumed.
The first witness called was Chiu a Po, a watchman-in-chief for Mr. Rennie. He stated that he looked after the temple on the island of Tam To.
In reply to Mr. E. Robinson, barrister-at-law, who appears on behalf of Mr. Rennie, the Court interpreter said that although he understood the dialect spoken by the witness, the latter did not express himself very clearly.
mon
Proceeding, witness said he lived on the island of Tam To for sixteen or seventeen years, and then, having obtained a lease on Nam Tong, he went to live there. He was at Nam Tong for fifteen years. On Tam To the witness and fire other lived in huts and cut grass. which they ex- changed with people in Shaukiwaa for provi. sions. The respective amounts of grass and provisions exchanged were noted, and if at the end of a certain period the one exceeded the other in value, the balance was paid in money,
The witness was questioned about the lease for the island. He was asked if he had seen it. but his reply was not a correct answer to the question, and the Court did not note it.
Mr. Robinson-I ask that the answer might be taken down.
President-Not until we find out when he first saw the lease.
Mr. Robinson-Vory well, I ask that my request be noted.
President-Yon must abide by the rule of the Court.
Mr. Robinson-Certainly, your Lordship By the Court-The hill on Nam Tong is called Nam Fat Tong, and was so called by former people. Nam Fat Tong is one big hill, I do not know any place down by the beach called Nam Fat Tong, "only the hill. Nam Tong is nearer than Tam To, and is a long way from that place. Nam Tong is nearer Shankiwan,
The interpreter bere explained that the wit- ness had added that he understood the question to relate to Nam Fat Tong, and had replied that the island was not near Shankiwan.
Mr. Robinson-I should like that to be noted, because I think it is of some importance. The Court directed the interpreter to ask about Nam Tong.
President-And the witness answored some thing about Nam Fat Tong. That is what I cannot understand. Is that so (to the intrepre- ter) ?
Interpreter-That is what I understood him
to say.
Mr. Robinson asked that the question, the answer, and the observation be taken down.
The President took down the question and
answer.
Mr. Robinson-I would ask the Court to note what the interpreter remarked-that the witness understood him to mean the island.
President-The Court will certainly not do anything of the sort.
The examination proceeded, and after a time, when the witness had been stand- ing altogether about two hours and a half. Mr. Robinson asked if the Court had fixed a definite time for rising.
President-No.
Mr. Robinson-I notice the witness is looking rather tired, and I am afraid he might not be able to fix his mind on the questions put to him. He is over 50 years of age, and I beg to ask
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THE HONGKONG WEEKLY PRESS AND
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that the Court gives him permission to sit down.
The request was granted.
Mr. Robinson afterwards questioned the wit- ness, who said he knew what an island was. It was a "solitary thing."
Some difficulty was experienced in getting the witness to give a specific name to the island of Tam To, which appeared to have a variety of names. For the purpose of ascertain- ing what the island was generally called, Mr. Robinson drew soms word pictures which were intended to meet the simplicity of the witness's mind.
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"Suppose," said Mr. Robinson, two junks met out at sea, and they could just see the top of the peak, and suppose one asked the other what the name of the island was, what would be | the reply?"
The witness did not know; they might call it any name.
Mr. Robinson had another try. Supposing you were on the back of a dragon right over the island, or in a balloon looking down on it, what would you call it ?"
President-He would call it the nightmare (laughter).
Mr. Robinson-Supposing the dragon asked the name of the island, what would you say?
Witness-No one says what island.”
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Mr. Robinson proceeded with his other ques tions, and the Court afterwards rose for lunch. On resuming, the witness was again examined at length.
owner
on
In reply to a question by the President as to whether the fields on Nam Toug were temple lands, the witness replied that they were left by Cheung Cum Po's ancestors.
Mr. Robinson asked that question and answer be noted.
War Bat
The President thought the answer evidence, and was averse to noting it.
Mr. Robinson, in turn, coutended that it was evidence, and again requested that question and answer be noted.
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[September 14, 1901.
Formerly the witness had supplied water from a well on the island to junks, and when water was scarce the charge was twenty or thirty cents for a small sampan load; when it was plentiful the charge was only ten cents. The junk people paid in fish or money. Witness also supplied them with grass which he got from the cultivators.
By the Court-Witness had built a shop on the island, and it was still there. So was the well. Nam Fat Tong, or Nam Tong, was situated near a pond (bay). It was called by some people Nam Tong Chau, and by other people something else. Witness did not know if a part of Nam Tong island was called Nam Fat Tong, but the place opposite the temple was called Nam Tong. He could not say how big it was. It was on the seashore. Witness knew where Tam To beach was—it was on the west side. Sampan Po was on the north-east side of the temple.
By Mr. Robinson-By the question as to the size of Nam Tong, witnessed referred to the bay, and he could not say what size that was.
President-Do you mean that Nam Tong is a sheet of water?
The witness replied in the affirmative, By Mr. Robinson-Witness wou
to see some friends on an island which he knew was called Nam Tong hill or Nam Tong island.
Mr. Rennie was then sworn, and examined by Mr. Robinson. Ho said he was the pur. chaser from the claimant of the island known as Nam Tong, and the circumstances of the By the Court-The cost of building the transaction were as follows:-About the beginn.
said temple Nam Tong Was
to being of the year 1900 the price of food here went but witness WBS not aware up so high that it was suggested by the Colonial about $500, whether or not the Kowloon people and junk eterinary Surgeon that Mr. Kennie should A start a mixed stock farm. Mr. Rannie went to people subscribed towards the amount.
see the Colonial Secretary and asked him if it theatrical performance had once been given at the temple, three or four years ago, and the was possible to purchase some suitable land asked the junk people to subscribe having grass and fresh water. Mr. Rendio was towards the cost. The performance was given shown plans of land in the New Territory, and next day, in company with the Colonial Secro- because the fishing had been very successful. Witness was only caretaker of the temple, and tary and two others, he left Blake Pier in had nothing to do with the performance.
No. 1 Police launch and visited one or two places in the New Territory, which, however, were found unsuitable either because there was no grazing or because there wore too mauy people in the neighbourhood. The reason Mr. Hennie was desirous of securing suitable land was that his sheep were dying in great numbers where they already were. Mr. Ormsby after- wards, together with his land bailiff, took him to inspect another island, but again there were too many people in the vicinity, to get rid of whom would have given a great deal of trouble. In September, 1900, a land broker came into Mr. Rennie's office, and said there was an island beyo.d Lymoon where water and grass could be found. Mr. Rennic went next day with the land broker and Cheung Can Po and inspected the island, Tam To. which he found suitable. On the way back to Hongkong; in the launch, Mr. Ronne asked how much Cheung Cum Po wanted for the island, and he replied--" Ten thousand dollars.” Mr. Rennie replied that he would not give him a thonsand. A few days afterwards he came to Mr. Rennie and said he would let him have the island for 81,000. To this Mr. Ronnie agreed on the conditions that he was given a clear title and that Mr. Ladds, the Colonial Veterinary Burgeon, found the grass and water sufficiently good and plentiful to warrant the transferring of the sheep to the island. Both conditions were ultimately satisfied, and Mr. Rennie gare Cheung Cum Po X100 down and the balance of the $1,000-$180 of which went to China Po and 265 to Yip a Keo in consideration of their lesson-when "the agreement was ratified. Mr. Stevens drew up the papers. The price paid for the island, therefore, was $1,000), exclusive of brokerage.
By the Court-Mr. Stevens had the docu.
The President said the witness was speaking from hearsay-of tradition.
He was
Mr. Robinson replied that in such cases a great deal might turn upon tradition, and said he could not proceed properly afterwards unless the question and answer were noted. not obliged to depend entirely upon documents for his case, although doenments were certainly | of greater value. Ho submitted that he was entitled to ask the Court to do as he requested. The President-No, you are not entitled to ask the Court. It is entirely left to the dis.
erotion of the Court.
Mr. Robinson-Of course, to its judicial dis. cretion
The President and Mr. Gompertz consulted, and decided to note the question and answer, but to add a remark that it was done at Mr. Robinson's request, and that the Court did not consider it was evidence.
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In the course of this witness's examination, the Court disallowed four questions by Mr. Robinson ~(1) What was the area leased to you under or by virtue of that lease? (exhibit C). (2) What was the area over which your tenants exercised rights under or by virtue of the lease? (8) Under this lease did you claim the whole island except an area of about 100 cheungs around the fishing stakes or matsheds ? (4) Was any portionments translated. of the island excluded from the lease to you?
The next witness was another watchman in Mr. Reunie's employ, an old man, who was allowed to sit down whilst making his state- ment.
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He said he bought a lease for a piece of land on Nam Tong, for which he paid | = a dollar a year into Cheung Cum Po's hands. The island was sometimes called Nam Fat Tong, sometimes Nam Tong. Witness had sinco surrendered the lease, and received for it 865 from his employer, Mr. Rennie, in the presence of the latter's solicitor and Cheung Cum Po. 'He had now no further interest in the land.
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By Mr. Robinson-Witnew had spent some money on the island, which, for grazing pur- power, ho valued at $10,005, for any special pur. He had never had an offer for the pose more. island. He could not fix and never had named
price for the island
By the Court-As far as he knew the island is not required sa a fort. He had never heard so and he had not seen it in the local papers
Before the Court adjourned, the President suggested two points for Mr. Robinson's con- sideration--(1) the question of prescription, and (2) the non-payment of taxas.
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