450
THE HONGKONG WEEKLY PRESS AND
by Mr. F. B. L. Bowley (Crown Solicitor), for the Attorney-General.
Numbers of translations of Chinese documents were gone through by Mr. Blade. The case is a very long one, and will probably not be finish.
Wednesday, 14th December.
The northern boundary was sand fields on taxed property of the same family (referred to in exhibit A. B.). That being the northern boun- dary, the southern boundary is the sea. The meaning of “The Sea" has been held by the Land Court as low water mark-we admited this week. that. The word sea in the two documents is different:-in one it is high water mark, and in the other low water mark. The Bea being a shifting boundary the area might alter from time to time. Our case is that under these documents (A. S. and A. T.) wa obtained title of the land; the case for the Crown, apparently, is that these documents conferred no title.
Mr. Slade here referred to the affidavita.
The Chief Justice-This remains Govern- ment waste till put on the registrar--Yon dispute that?
Mr. Slade said that the Crown's contention
was that they were merely licensed to go on the land for specific purposes; this was the principle of Chinese law; they had no right to the property till it was on taxation there was no authority on that. He would ask Their Lordships to take the interpretation of Chinese law to be founded on judgments of Chinese courts-there could be no more competent authority than decisions of courts within that jurisdiction. In the present case there was fortunately a long series of decisions of no less than eight different magistrates
who had sat in the Sun On District, and these decisions were before the Court. The great importance of these judgments was that they were given at a time after the document of title on which the appellant relied was given to the place, so the decision of 1890 had reference to the exact set of facts on which Their Lordships had to rely. The appellant had possession of the land at that time, and, as a matter of fact, continued in possession to the present day. Another most important fact to bear in mind was that this land was never shing fo (assessed to taxation).
His Lordship-You never had a title of ownership.
Mr. Blade The land itself was registered and taxed.
The Hon. E. H. Sharp-It never was. Mr Slade said that premium had been paid. The land was registered and had paid taxes, and
was described as taxed land.
The Hon, E. H. Sharp-The appellant before the Land Court said that he paid no taxes on
the sand bank.
Mr. Slade-Paid no assessed taxes. It was formally registered land. A description of it and the area is given in the holding of the family, One copy of this is kept in the provincial treasury, and the other in the Sun On Magistracy. With land, like this, put on the register, when the time comes for it to bo surveyed the officials know where to go to for such registration.
The Chief Justice-Land may be held in two ways!
Mr. Slade said that was so. The Crown had put forward a theory of Chinese law, and he (Mr. Slade) at that moment was contending that this was entirely an erroneous interpretation
of Chinese law.
The Chief Justice-Was it not that the holder had the right to reclaim the land within a certain time and if he did not do so he lost the right. According to Mr. Justice Smith Exercise control over the land was the term used.
Hearing continues.
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Tuesday, 13th December.
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IN APPELLATE JURISDICTION,
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE) AND MR. T. SERCOMBE SMITH (PUISNE JUDGE).
TANG TSZ U v. THE ATTORNEY-GENERAL.
The hearing of this appeal against a decision of Mr. H. H. J. Gompertz, made when he was presiding over the Land Court, regarding a Claim for land in the New Territory, being Claim C. A. Survey District No. 4, was continued.
As before, Messrs. M. W. Slade and H. G. Calthrop, instructed by Mr. J. Harston, appear- ed for the appellant; the Hon. E. H. Sharp, K.('., and Mr. H. E. Pollock, K.C., instructed
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IN APPELLATE JURISDICTION,
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE) AND MR. T. SERCOMBE SMITH (PUISNE JUDGE).
[Desember 17, 1904-
re-entry they must prove that certain positive obligations had been infringed, and that they had a right to re-enter on account of such infringement. It Was not enough to prove merely that there were neglected obligations; they had to prove that such neglect gave them a right to re-enter.
Hearing continues.
MARINE MAGISTRATE'S COURT,
Wednesday, 14th December.
BEFORE Hon. Capt. L. A. W. Barnes-
LAWRENCE (Marine MAGISTRATE)..
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TANG TSZ U v. THE ATTORNEY-GENERAL. For the third day the hearing of this appeal against a docision of Mr H. H. J. Gompertz,
"STAR" FERRY BOAT V. NAVAL LAUNCH. made when he was presiding over the Land Court, regarding a claim for land in the New connected with a charge of negligent naviga. An enquiry was held into the circumstances Territory, being Claim C. A. Survey Districttion preferred by Edward Osborne, the Secre No. 4, was continued.
As before, Messrs. M. W. Slade and H. G. Calthrop, instructed by Mr. J. Harston, appear ed for the appellant; the Hon. E. H Sharp. K... and Mr. H. E. Pollock, K.C., instructed by Mr. F. B. L. Bowley (Crown Solicitor), for the Attorney-General.
Mr. Slade continued his case for the ap. pellaut. Ho said that at the time when the documents of title were issued it was com- potent by Chinese law for the Provincial Treasurer to issue certificates in respect of land which had not been reclaimed. The case for the Crown was that no title was ever issued
till the time of the Sha Tin Kuk. Certificates
were issued before that time and there Was
soon as it
I
Lai Hi, master of the naval launch C. C. 38, in tary of the "Star" Ferry Co., Ld., against the waters of the Colony on the 10th inst.
inst., at. 10 a.m., the Southern Star was crossing The complainant stated that on the 10th
to Kowloon. When about two-thirds of the way across she met the naval launch in question, on ber port bow. The Southern Star whistled once, and went slightly to star- board, while C. C. 38 whistled twios and went slightly to port. The Southern Star by this
means went under the stern of the launch to avoid collision. Had the Southern Star kept straight as she was entitled to do by the rule-
of-the road a collision would have occurred.
After hearing the defendant's statement the Hon. Capt. Barnes-Lawrence found it to Ls
courao to avert o llision, due to the naval launch ooxswain not having realised that it was her place to give way.
He suspended the men's certificate for six weeks,
nothing to ever prevent their being issued.
Mr. Slade here quoted authority to show that titles were issued relating to waste land on the proved that the Southern Star had to alter her payment of a tax. It was a tax payable on un- fertile land in Kwangtung. As became fertile it was liable to be assessed, and taxed accordingly. This system was peculiar. to Kwangtung, as set down in the appellant's affidavit and not denied by the Crown.
The Hon. E. H. Sharp-We have not admit. tod it. We have no knowledge beyond that it! applies to Kwangtung.
Mr. Slade referred to the documents. They were copies, the pages of some being numbered differently. He referred their Lordships to a certain paragraph.
The Puisne Judge-We cannot take our notes by this copy. The other copy will be the one to go to the Privy Council (Laughter).
Hearing continues.
Thursday, 15th December.
IN APPELLATE JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF
JUSTICE) AND MR T. SERCOMBE SMITH (PUISNE JUDAE).
TANG TSZ U U. THE ATTORNEY-GENERAL,
For the fourth day the hearing of this appeal against a decision of Mr. H. H. J. Gompertz, made when he was presiding over the Land Court, regarding a claim for land in the New Territory, being Claim C. A. Survey District No. 4, was continued,
As before, Messrs. M. W. Slade and H. G. Calthrop, instructed by Mr. J. Harston, appear- ed for the appellant; the Hon. E. H. Sharp. K.C., and Mr. H. E. Pollock, K.C., instructed by Mr. F. B. L. Bowley (Crown Solicitor), for the Attorney-General.
After Mr. Slade had made a preliminary address, the Hon. E. H. Sharp said he did not agree that there had been any obligation for the Chinese authorities. They had a right to re-enter and, since the occupation, this right had passed to the Crown.
The Chief Justice-Though there was no obligation, it might have been the intention of the Chinese Government to let them stay on.
Hon. E. H. Sharp-We have not lost sight of that, My Lord, and are prepared to argue on that point.
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ALLEGED MURDERS BY
EUROPEANS.
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THREE EUROPEANS CHARGED. Charles Smith, Erik Hogman and William Nason again appeared before Mr. H. H. J.- Gompertz at the Police Court on the 13th inst. to answer the charge of murdering the Chinese boatwoman, Chan Yee, and the girl. Kwok Chi, and with attempting to murder the boy Kwok Sui, in the waters of this Colony on the 27th November last. Mr. F. J. Badeley, Captain Superintendent of Police, prosecuted. He stated that the defendants hired a sampan at Bank Wharf on the night of the 27th ultimo. The occupants were a woman, a boy, a girl aged : 13, and two small children. Soon after getting out into the harbour, the defendants are alleged to have thrown the boy, the woman, and the smallest child overboard. The boy was able to swim, and was saved. The woman and child were both drowned and the bodies picked
two days afterwards and identified. The boat with the three defendants. a girl of 18, and another small child, eventually made their way to a place in Lantau Island where the three defendants landed and went away. The children afterwards got out of the boat and were found by villagers and cared for. They were then taken to Chung Chow, and eventually brought to Hongkong. The defend-
:
up
ants were about Lantao Island two or three days. They then got a boat and went to Castle Peak, where the Police arrested them. As the second defendant, Hogman, could not speak English the following evidence was interpreted to him by a Swedish interpreter.
Kwok Tai Chan deposed:-I am the owner of Sampan No. 3,272. On Sunday evening, the 27th November last, my boat was about four or five chung off Pottinger Street Wharf. I was in the street when three "Englishmen " came and hailed a boat. They said they were going to the American steamer China, and went on board, after arranging about the fare. My son rowed, and one of the men hoisted the sail. stayed on shore. When my son returned and told me something, I went with him to the Central Police Station. I identified the bodies Mr. Slade said it was for the Crown to prove of my wife and daughter later; and subsequent- that they had a right to avoid the title. Hely identified the prisoners. Charles Smith is submitted that in order to establish a right of "the one who made the bargain with me.
Mr. Slade They say they have a right to avoid it.
The Chief Justice said that the Crown must establish that fact.
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