332
the official whagame to Hongkong, that Tam had not applied here at all. Another man came, and give as his reason that Tam was dead. It did not matter whether Tam was dead or not; the fact remained that he was the per- son designated by the Viceroy to come here, apply for the extradition and take the prisoner when he was handed over. The information, apparently, was filed by Tam bat as he was since dead he could not take the prisoner, and Mr. Hastings submitted that this vitiated the whole proceedings.
His Worship-There ought to have been a second requisition after Tam's death?
Mr. Hastings-Clearly, and it is not for the Hongkong Government to hand this prisoner over to anybody else.
His Worship remarked that it was not his duty to hand the prisoner over to anybody.
Mr. Hastings Your Worship merely com. mita, but the responsibility is on your Worship to see that the proceedings are in order,
Proceeding, Mr. Hastings said this was a very peculiar procedure, and, as pointed out by the Chief Justice, his Worship had no jurisdiction whatever over this man except under the words! of the Treaty and the Extradition Ordinance, In an extradition case the very smallest slip was fatal to the proceedings and that was the reason why the forms had to be so carefu ly filled. On that point he wished to refer His Worship to In Kai Shing's case, where the matter was gone into most carefully by the Chief Justice. The whole of that judgment expressed very clearly that the forme must be complied with to the letter, and there was no question of amend ment, and no question that because one person was not here the prisoner could be handed over to another person. He ask d bie Worship to say on these preliminary points that this was fatal to the proceedings. The requisi- tion was the foundation of the proceedings, and could not be amended. There could b no longer any order for committal or any order for ex- tradition. There was another point which he wished to raise on this requisition the Ordin ance laid down that the requisition should be made to the Governor by some officer of the Chinese Government. This was requisition to the Governor at all; it was a requisition to the Consul at Canton. He did not know why the requisition had been made to the Consul, but he contended that it was fatal to the proceedings as it did not comply with the Ordianno, and was not a requisition to the Hongkong Government.
not a
is Worship-I think the same proo dure of requisition was followed in Ia Ku Shing's
0880.
Mr. Hastings did not think 80. It seemed to him an important point, an one that had to be complied with if the proo-edings were in order. Then his Worship would remember the point discussed in In Kai Shing's 018 as to the necessity of an engagement by the Chinese Government that the criminal should not be tried on any other charge. The Chief Justice said he entertained a strong view that the en- gagement should accompany the requisition, He laid it down in clear terms that the engagement which had to be given was an engagement by the Government at Peking.
Mr. Dennys stated that i consequence of that judgment a new Ordinance had since ben passed.
Mr. Hastings was unaware of this, but be submitted that this was not a true case at all.
The persons who brought the charge had been clever in this way: they had not fabricated the crime altogether, but they had taken advantage of a crime committed and tried to fasten it on
to the defendant. He submitted that there was not sufficient evidence to hang a dog on, let alone sending a man to have his head cut off This was only one more attempt to fix a trumped-up crime upon an innocent man.
Mr. Dennys said it had been contended that his Worship, in the position of a judge was practically trying a ma for murder That was a statement which ought never to have been made. This was a Court of Law, not a Govern- ment, and if Governments did occasi⋅ nally not in bad faith, that had nothing to do with the Court. The magistrate was supposed to commit if the evidence adduced raised a strong and probable presumption of guilt. Section 10” of the Magistrates Ordinance said that a magistrate, dealing with cases in which he had no, juris-
|
|
THE HONGKONG WEEKLY PRESS AND
diotion, if he found prima facie osso should commit, and if the evidence was not sufficient he should discharge the defendant, In this case te prisoner was not arrested on the requisition, but on a informa'ion sword by a Chinese officer Bats quently the requisition from the Viceroy of the Two Kwang Provinces arrived and the Governor issued "an order to the magistrate commanding him to make another warrant issue, and that was the warrant on which the prisoner was at the present time in custody. |
His Worship adjourned the case for a week to consider the poi its raised.
THE HONGKONG COLLEGE OF
MEDICINE.
We have been favoured with a copy of the Calendir of the Hongkong College of Medicine for 19 18 9.
A short history of the College given from which we make the following extract:-
The original name of the institution was the Hongkong College of Medicine for Chinese; but in February, 1907, the name was altered by the Court, with the concurrence of the then Patron, His Excellency Lieut. Colonel
Bir Matthew Nathan, K.C..G, by the omission of the limiting phrase, which experience had proved to be undesirable, since stu lents of other nationalities than Chin-sa now avail themselves of the facilities offered by the College, Under the modified name, the Hongkong College of Medicine was incorporated by the Hongkong College of Medicine Incorporation Ordinance, 1907.
The Hongkong College of Medicine has thus far hal n, visible existence; and has had to use makeshifts to make good its somewhat anomal.
Biol
ous circumstances. It has had its headquarters in the Alice Memorial Hospital, and the affiliated Netherale and Ho Mia Ling Hospitals have also b ea open to students for purposes of clini oal instruction; bat, in addition, the College bas borrowed accommodation for special purposes all over the city, eg, the Surgery lotures have, been delivered at the Government Civil Hospital, has been taught at Queen's College Chemistry and Physics in the Queen's College Laboratory, Pab is Health in the Royal Sanitary Institute's lecture ball. Pathology and Bacterio- logy in the Public Mortuary and the Bacterio- logical Institare, Anatomical Dissecting at the Public Mortuary; and the Tang Wa Hospital has als been made use of in tutorial classes for the clinical material it affords.
gy
1
College buildings are, however, FOOD to be erected, The Government in 1905 reserved on the Tai Ping Shan resumed area a site in every way suitable for th purposes of a Medical College, convenient of access for Lecturers, and centrally placed in relation to the Govern- ment Civil Hospital, Alice Memorial Hospital, Nothersole Hospital, Ho Min Ling Hospital, Tang Wa Hospital, the Public Mortuary and the Bacteriological Laboratory, to be granted to the Court free of charge; and a generous Chinese gentleman, Mr. Ng Li Hing, au old resident of this Colony, in 19.7, offered to spend $10,000 in the erection of College buildings on the site thas held in readiness. His offer was accepted, and the buildings were a out to be commenced, when Mr. H. M. Mody, a Parses gentlem in, ome. forward with an offer to His Eroe lency the Governor, Sie F. J. D. Lugard, KC.M.G., C.B., D.8.0. t provide a sum of $180,000 for the erection of a University of Hongkong, which should in- corporate the existing College of Medicine; and, pending discussion of the possibility of o rrying through this large scheme, the Court decided to delay bailding operations. Mr. Ng Li Hing baa indiosted his willingness to allow bis gift to go towards the University scheme.
Towards the e d of 1906, property of the estimated value of $10,000 was bequeathed to the College for its maintenano, under the will of the late Mr. Tang Chuk Kai.
For the encouragement of the students, several Belilios Scholarships, ander trpsta established by the late E. B. Belilios, Esq, C.M.G.. s Government Scholarship, and a Blake Scholar ship, established by t e Chinese Community in memory of His Excellency Bir Henry Arthur Blake, G.C.M.G, are open to competition at various stages of the curriculum.
[November 9, 1908;
ANNUAL LICENSING SESSIONS.
The annual meeting of His Majesty's Justices of the Pesos to consider applications for publicans' and adjunot lloenses for the forthcoming year was held at the Magistracy on the 4th inst. Mr. J. R. Wood presided and among the other Justices were the Hon. Mr. E. A. Irving, Captain F. J. Badaley, Messrs. W. Bowen Bowlands, G. N. Orme, Ho Kom Tong, A. H. Hollingsworth, A. Shelton Hooper, E. D. C. Wolfe, K. O. Hutchison, A. Denison, D. W. Tretman, A. F. Arouli, Ng Li Hing and Captain W.E. Clarke,
The following were granted publicans' liceno s for the hoteli mentioned : ·
-
A. F. Davies, The Hongkong Hotel, 21-81, Queen's Road Central and 1-3, Pedder Street; D. Dorabjee, The King Edward Hotel, 3 and 5, Des Voeux Road Central; F. Suberman, The Globe Hotel, 184, Queen's Road Central; M. Sternberg, The International Hotel, 818 and 32, Queen's Road Central; W. Krater, The Rose, Shamrock and Thistle Hotel, 804 and 806, Queen's Road Central; M. Matthaey, The Oriental Hotel, 2, Queen's Road Central; G. Greo, The Criterion Hotel, 98 and 100, Queen's Road Central; M. Tchetchelniski, The Land We Live In Hotal, 332 and 334, Queen's Road Central; B. Mayer, The Colonial Hotel, 1, Jabiles Street; L. Comar, The Cosmopolitan Hotel, 65, Des Vœur Road Central; £ Dliver, The New Travellers' Hotel, 70, Queen's Road Central; C. L. W. Seeger, The German Tavern, 266 and 268. Queen's Road_Central; R. H. Whittaker, The Prays East Hotel, 4, 41 and 42, Praya East; J. E. Barker, The Stag Hotel 181 and 150, Quasen's Road Central; and 99 and 101, Wellington Street.
The application from L. Grosman for a publican's licence to carry on the business of The Central Hotel at 78, Queen's Road Centru), was then considered.
behalf of Mr. G.
Mr. M. J. D. Stephens appeared for the applio.at, Mr. John Hastings appeared to oppose the application on Green of the Criterion Hotel, and Mesars, O. F. Dizon and F. B. Deson also appeared to oppose the application on behalf of Chinese shopkeepers in the vicinity.
The Chairman stated that he had received two petitions asking the Justions not to grant the application. Mr. Descon pat in a third,
Mr. Stephsus stated that the applicant moved into the part of the town where he now was because his old premises had to be rebuilt, and it would take a month or six weeks to complete that rebuilding. If the Justices allowed his client to remain there for a month or six weeks, he would then apply for permission to stay there permanently, and would give his ressons why later. He thought as the matter stood at present the poles had no objection.
The Chairman- The polios have no objection as a temporary measura,
Captain Lyons, ani asked the Justices to first Mr. Stephens put in a letter received from
consider the question of allowing his olient to stay where he was until his old promises were rebuilt. Then if the house was a well conducted one he would apply for permission to remain the vicinity, and if there were one or two there altogether. There were other hotels in there that was do reason why there should not be
He did not see why the privilege should be given to the few to stay in
more.
the centre of the town if others were to be
debarred. That was not a fair way to look at the matter. If they were going to have s hard and fast, rule they should not allow anyone to go beyond the cross roads. The first publio house was the one to which the rioshas took the men who frequented these places; they went to the nearest so that they could speedily return to the wharf and get more fares. On Sunday week when the fleet arrived here the speaker passed along Queen's Road West and was nearly knocked down several times, not only by drunken men but by rioshas. This did not affect him very much, because he managed to dodge them, but some people would not like that. Také ladies, for instance. It would be a very unpleasant thing for them to pass these public houses. These ladies stagger they go along (load Jaughter). Not in the sense perhaps that your Worship/
1