on
July 14, 1902.3
IMPORTANT DECISION IN EX- TRADITION CASE.
Before Mr. F. Hazeland at the Magistracy Monday, the 7th inst., bis Worship delivered the following important and in- teresting decision in a case in which the Chinese Government applied for the extradition of a prisoner for a crime alleged to have been committed within the jurisdiction of the Emperor of China:
CHINA OVERLAND TRADE REPORT.
FORESTRY IN THE NEW TERRITORY.
31
H
the operation of the said Ordinance is limited declivities. Probably 50 feet will be a necessary, to what is consistent with the Treaty, width in some places. About 32 miles of fire A similar point was decided in the case of barriers were cleared and 3 miles of new ones facts of that case were as follows:-The fugi Reg. v. Wilson (L. R., 3 Q. B. D. 42). The made.
Protective Service.-Only 310 trees were re. tive criminal, Alfred Thomas Wilson, was ported as having been stolen, but there is evi- claimed by the Swiss Government under the dence that the forest guards have been very Treaty of 1874, which provided that no slack and I have no doubt they have neglected to British subject should be surrendered to report in many cases as tree-cutters seem to Switzerland. It was proved that the prisoner have been pretty active. The guards had 55 Wilson was a British subject, but the Chief cases, but of these there was the very unusual Magistrate at Bow Street held that he was not number of 19 aqcuittals; the number of con- entitled to go beyond the Act and look at the victions averaged about 7 only for each man terms of the Treaty, and that as there was no for the whole year. There is only one forest provision in the Act against the surrender of guard who has as much as one year's service, it British subjects, he ought to commit the is therefore not surprising that with so many prisoner with a view to his extradition. The changes their work is far from what is desired. case came before the Queen's Bench Division on a return to a writ of habeas corpus, and Sir Tree Planting.-As mentioned in my Report Edward Clarke (then Mr. Edward Clarke) for for 1899 soon after the New Territory was taken the prisoner contended that the Treaty recited over I made arrangements and operations were in the Order of Council must be read together commenced in October for planting about 80.000 with the Act. Messrs. C. Bowen and H. D. trees. Four new Police Stations were first to Greeu contrà argued that the Legislature have about 20,000 trees planted in their neigh- not have intended that it should bourhoods and then a beginning was to be made be the duty of the Magistrate to ascertain with planting about 69,000 in a broad band on the law from the text of diplomatic papers, each side of the new road which had been com- and that the effect of the Treaty was menced and was to run from Kowloon to Taipo. merely that the surrender of our own subjects I hoped that in time the roadside planting should not be compulsory. The Court, however would be extended year by year, to Taipo, (Cockburn, C.J., Mellor and Field, J.J.) distance of 17 miles. The number of trees held that the Act was clearly limited by the actually planted was 81,154 and they consisted Treaty, and ordered the discharge of the chiefly of Pines, Camphors, Eucalyptus and The defence set up by the fugitive criminal and camphor tree seeds were sown in situ, the prisoner (see Clarke on Extradition, p. 171). Tristaneas. A considerable number of pine berein was that of an alibi, which was proved to failures there are always some have now been my satisfaction. Moreover, the evidence of the re-sown or re-planted. In addition to these a two witnesses called by the prosecution to prove supplementary plan was carried out of the identity of the prisoner was most conflicting sowing seeds of Pinus Massoniana broadcast and unsatisfactory. Putting myself in the on each side of the road between the 3rd position of a juryman, I unhesitatingly return and 6th mile-stones and they have given most a verdict of "Not guilty." Before ordering satisfactory results. A 1ough measurement of the fugitive criminal herein to be discharged, the land sown and estimate of seedlings give an I am required by Section 12 of the Ordinance addition to the 81,000 named above of about
order to be served on the Crown Solicitor. I for. 1910, making a total for the first year's to cause notice of my intention to make such an 22,000 which were not alluded to in the Report propose, therefore, remanding the said fugitive work in the New Territory of about 103,000 trees. criminal until Monday, 14th July, at 12 o'clock
noon.
Hon. F..J. Badeley, Captain Superintendent of Police, prosecuted, and the defence was in the hards of Mr. G. C. C. Master, solicitor.
Broadeast sowing, if the land on which the seeds are sown and the time of sowing are well chosen, produces as good plantations as the more expensive plans of sowing in situ or of planting trees. The total costs of planting in the New Territory amount to about $54 per acre, whereas the cos's of broadcast sowing are AFFORESTA-only about $5 per acre. Each method has to be TION DEPARTMENT IN 1901.
BOTANICAL AND
The fugitive criminal Wong Man Tsap was charged before me under the Chinese Extradi- tion Ordinance (1889) with the crime of robbery with violence within the jurisdiction of China. The crime is alleged to have happened on, 24th April, 1901, at 1.30 a.m., at the village of U Piu, near Sam Chan, within the Empire of China. The preamble to the said Ordinance is as follows: Whereas by Article XXI. of the Treaty b.tween Her Majesty and the Emperor of China done at Tientsin on 26th June, 1858, it was agreed and concluded that if criminals, subjects of China, shall take refuge in Hong-could kong or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and on proof of their guilt be delivered up." Section 1 of the Chinese Extradition Ordinance is as follows: When a fugitive criminal is brought bofore a magistrate, he shall hear the case in the same manner and have the same jurisdiction and power, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony." This Section is a re-enactment of Eection 9 of the Extradition Act, 1870. Section 76 of the Magistrates' Ordinance (1890) lays down the practice to be followed with respect to the magistrate's decision in indictable offences. This Section is a 're-enact- ment of Section 25
of 11 and 12 Victories, c. 42; commonly known as Jervis' Act. Section 76 of the Magistrates' Ordinance is as follows:-"When all the evidence offered on the part of the prosecution against the accused has been heard, if the magistrate should be of opinion that it is not sufficient to put the accused upon his trial for any indictable offence, such magistrate shall forthwith order the accused, if in custody, to be discharged as to the information thereunder enquiry; but if, in the opinion of such magistrat, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of the accused, then such magis- trate shall, by his warrant, commit him to prison to be safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned." The practice to be followed as to how and when this discretion is to be exercised is set out in a footnote in Oke's Magisterial Synopsis, at page 898. The footnote is as follows: In Cox and Coleridge (1 B and C 50) Mr. Justice Bayley observed: I think that a magistrate is bound, in exercise of a sound discretion, not to commit any one unless prima facie case is made out against him by witnesses entitled to a reasonable degree of credit.' Justices ought not, therefore, to balance the evidence and decide according as it preponderates, for this would in fact be taking upon themselves the functions of the petty jury, and be trying the case;
but they should consider whether or not
the evidence makes ont 8 strong or rob- even a conflicting case of guilt; in any one of which cases they should commit the accused to trial. If, however, from the slender nature of the evidence, the un worthiness of the witness, or the conclusive proof of innocence produced on the part of the accused, they feel that the case is not sustained, and that if they sent it for trial he must be acquitted, they should discharge the accused." By the Treaty of Tientsin, referred to in the preamble to the Ordinance, a fugitive criminal is to be committed only on proof of his guilt. By the Chinese Extradition Ordin ance. (1889), he is to be committed when a prima facie case has been made out against him by witnesses entitled to a reasonable degree of credit. This raises the following legal point, viz., whether, the Treaty which is narrower in its terms than the Extradition Ordinance,
2
able or
喽
The report of Mr. Charles Ford, Superinten- dent of the above Department, is published in the Gazette. We make the following extracts:
هو
FORESTRY IN HONGKONG.
adopted according to circumstance, but in future broadcast sowing should receive special attention and planting should be reduced to narrow limits. This conclusion is the result of careful experiments and observations which I bave made for some years past.
Planting operations in Hongkong were the During the paat year the working plan smallest on record since afforestation work was sketched in 1899 has been extended by 11,800 established. The total number of trees planted trees being planted around Police Stations, was 1,719 which amounted to one small day's two of them new ones, and 125,565 continuing work in the usual order of plauting. Arnual the new road, the latter composed of 17,407 plantings should, at least, equal the number of trees planted, 98,158 trees reared in situ in pre- trees destroyed by fire or by illicit tree-cutters pared soil and 10,000 reared from broadcast in the previous year which, however, exceeded sowings. those planted by 971, but these will be far more than made good this year as arrangements are made for bringing up the numbers either by planting or sowing seeds to about that of the previous year's work, which was 54,000,
Eucalyptus and Malaria.—A great deal has been made at different times and places of the suppo. ed benefits of planting. Eucalyptus in malarious places, a theory which I have never been converted to and about which for many The planting of lands suitable for trees either years I have spoken words of caution to those in regard to their growth or facilities for pro-who pinned their faith to it. Last year the tection is almost completed in the island except medical authorities here recommended the in catch-water areas of reservoirs, and those planting of Eucalyptus in selected places in are being attended to this year. Afterwards the New Territory and in Hongkong and planting generally will be only needed to replace preparations were made for ourrying out the losses by files or other mischief.
recommendations and planting Eucalyptus this spring, although two of the places were, as I understand, under water and where, of course, nothing could be done until they were first filled it with soil but which work I believe is zot yet done. In connection with this subject I may quote what Professor Angelo Celli, an autho Fires.-There was a considerable increase in rity on malaria, said in his book "Malaria Ac- the number of fires and trees destroyed by them, cording to the New Researches," published in 12,174 trees having been killed and there were 1890. Writing of trees planted near Rome he 41 fires. Little Hongkong district has a very says, at page 142: "The Eucalyptus planted bad reputation in this respect, as have also round our railway stations are now proved to Mount Davis and Mount Kellet, the two latter be useless against malaria, if even they do not owing their misfortunes most probably chiefly do more harm than good by harbouring the to the people who frequent the graves there. mosquitoes near the houses. Here outside Experience points out the necessity of still the gates of the city, at Tre Fontane; an inten- further widening fire barriers as trees increase sely malarious spot, there is a fine wood of them, in size, especially when they are on steep and in Australia there are enormous förests
Thinning of Plantations. There was also a little diminished activity in this work. The number of trees cut out was 32,274, which sold for $728.15, a decrease of $96.30 compared with 1900. The items and particulars are provided in Appendix D.
ނ