406
THE HONGKONG WEEKLY PRESS AND
or whether it was not a special preparation which the Crown Agents asked to supply to meet requirements.
The MEDICAL OFFICER of Health said he could not anwer the question. What was ordered came.
The PRESIDENT-It was ordered as Jayes Fluid and sent as Jeyes Fluid. The bacterio- logical test showed that it was superior to the stuff purchased locally.
Mr. HOOPER- and it was sold as Jeyes Fluid?
The PRESIDENT—Yes.
Hon. Mr. HEWETT-Are there various grades of Jeyes Fluid?
The MEDIC L OFFICER of HEALTH—They don't quote different grades.
Mr. HOOPER-You are not aware of any stuff being procured from Jeyes which was not Jeyes Fluid?
The MEDICAL OFFICER OF HEALTH two preparations have come from Jeyes.
Yes,
Mr. HOOPER The only point I wish parti- cularly to call attention toafter these figures is the
fact the Jeres Fluid obtained locally is cheaper
than that obtained through the Crown Agents.
The PRESIDENT You do not remark that the Jeyes Fluid from the Crown Agents is bacteriologically superior.
Mr. HOOPER On that I might have to pro- duce evidence to show that it is not Jeyes Fluid at all.
The discussion then ended.
DIVIDING THE CITY INTO HEALTH DISTRICTS, The COLONIAL SECRETARY wrote to the effect that the Board's recommendation to divide the city into 12 instead of 10 health districts was now under the consideration of H. E. the Governor.
AN ABDUCTION CHARGE.
At the Magistracy on May 10 before Mr. F. A. Hazeland an amah was prosecuted on A charge of abducting a girl fifteen years of age,
According to the story told by the girl, which uncorroborated, the defendant arranged that she should take some clothing to the
was
Later,
defendant's house in Blacksmith Lane, she was to meet her near the Cricket Ground and say the defendant was her mother if questioned. The girl was first at the trysting place on the day agreed, the defendant subsequently appearing and, waving her hands as she approached. Without speaking the pair proceeded to the Canton Steamers Wharf. Wheu near their destination the defendant
asked witness if she was hungry, and on her replying in the affirmative bought her a basin of cunji. Just after eating this witness was met by a relative, who called to her, and then the defendant ran away.
His Worship-Is this prosecution by the Registrar-General?
Inspector Kerr-No. your Worship. Defendant asked his Worship to try the case dispassionately and let justice be done. If she attempted to abduct the girl she was willing to suffer any penalty; in fact, she would allow the Court to cut her in pieces. She was engaged with the girl's mistress for about ten days, and the girl took the clothing to her (defendant's} house on her own initiative.
His Worship-She said you arranged she was to be a daughter and not a servant!
Defendant-1 never said that.
His Worship said the evidence for the pro- secution was altogether too flimsy, and it was very obvious that most of the testimony given
in the witness box was coached. It was not
sufficient to convict; therefore he would dis charge the defendant.
A VALUABLE FIND.
·
SUPREME COURT.
Monday, 10th May.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT),
THE GOVERNOR AS PLAINTIFF.
[May 15, 1909.
Mr. Slade continuing, said that it was per- fectly well known that actions at common law brought for and on behalf of the government of England, could only be brought in the name of the reigning sovereign unless there were special enactment or charter or fact which created an officer one of the executants, the effect of which was to convert the high officer of the Crown into a corporation sole. There were a good many corporations sole, and they could bring actions. Counsel referred his Lordship to the action His Excellency the Governor (Sir Frederick Sloman F. the Governor and Government of Lugard) for and on behalf of the Government
New Zealand, the head note to which read of Hongkong brought an action against Chu
A colonial government isnot a corporation and Ping. of 313 Des Voeux Road Central claiming cannot be effectively served with a writ." The specific performance by the defendant of agree-judgments of the court below made it quite ments dated 9th December 1889 and 24th July 1903 in respect of marine lot No 53 A. The clear that there was no such legal entity known
as the government of a colony. Hon. Mr. H. E. Pollock, K.C., instructed by Mr. Dennys. Crown Solicitor, appeared for the Governor, and Mr. W. Slade and Mr. G. C. Alabaster, instructed by Mr. Gedge, of Johnson, Stokes and Master, appeared for defendant.
The pleadings, which were very lengthy, wera readby Mr. Pollock, who explained one paragraph by stating that the Government on receipt of certain strongly worded letters from one of the parties yielded to pressure.
His Lordship-It is interesting to note that the Government yielded to pressure,
Mr. Pollock-In this case I may say they were foolish to have done so. If they had taken the right course there would not have been all this trouble aud protracted litigation.
When Mr. Pollock had concluded reading the pleadings.
Mr. Slade moved that the action be dismissed. He said his Lordship would see that the action was founded upon the rights which were alleged to be paintiff's by virtue of two agreements. The first agreement was made in 1889 with the then Governor of Hongkong and the second agreement was made ostensibly with Sir Honry Blake in 1899. The present action was brought by Sir Frederick Lugard. Governor of Hong- kong. for and on behalf of the Government of Hongkong. If his Lordship took portions of portion of the form of words used to describe the that title seriatim he would see that no possible
the first place taking him as an individual the plaintiff gave him any right of action at all. In
statement of claim did not in any way deduce his title from his predecessors in office,
His Lordship asked if there were any clause in the Interpretation Ordinance,
Mr. Follock-Yes, there is.
Mr. Slade said there was a clause in the Interpretation Ordinance which stated that in all ordinances the Governor meant the Governor for the time being.
|
His Lordship questioned if the same principle applied where there must be a legal person, as in the present case.
Mr. Slade replied that suing for and on behalf of the Government would not give him a right of action if tho named plaintiff had no right of action.
His Lordship asked if it was not a matter which could be amended.
Mr. lade said that if the wrong plaintiff brought an action and it was proved he was the wrong party he must abide the consequences.
His Lordship pointed out that the defendant would not be prejudiced if this were put in some other form.
Mr. Slade said they pleaded that the plaintiff had no right of action and the case went on just as if he had a right of action.
His Lordship said it was not quite the same as if he were to bring an action on behalf of the Governor in succession to Sir Henry Blake. There was the person holding the same office and there was the principle running through it that it was essentially the same title.
Mr. Slade Let him state his title and I may be able to traverse it. The action is defective because his title is not stated. I will deal with it as soon as it is stated. If the Govrnor has acquired the rights held by his predecessors surely they must be stated, otherwise there is no cause of action shown. He may be the proper plaintiff, but he has not shown that he is in the statement of claim. It was certainly a case for amendment, I go further and say that the name of the governor as plaintiff should be wiped out and that of His Majesty the King substituted. I fear, however, that His Majesty would not approve of being made the catspaw for two greedy Chinese who have already been defeated in the Privy Council. (laughter) Continuing, he said that the Governor was the agent of His Majesty the King.
His Lordship said there was the question of estoppel.
Mr. Slade replied that he did not intend to press that.
His Lordship-It does not deal with rights? Mr. Slade replied that there was no connection with rights at all. Proceeding, he said it ought to be shown on the face of the pleadings how the title got from the then Governor in 1889 and Mr. Pollock, replying to Mr. Slade, pointed Sir Henry Blake into the plaintiff. It might be out that by the Interpretation Ordinance of 1897 that plaintiff had a title but it did not appear on it was enacted that the word "governor should the face of the pleadings. enred by the addition of the words
The difficulty was not include the officer for the time being administer- Governoring the Government, and that brought him to of Hongkong." which was his title. There his second point which was that in anything Hongkong right to bring action. was no ordinance which gave the Governor of that was statutory the governor would include the officer administering the government for the time being. Assuming something was done not statutory then the right of the Governor in whose peried it was done would pass on to his
LE
He was not
a corporation and he had no right of action in the Colony so far as counsel was aware. It was provided that any actions against the Government should he brought against the authority given to the Attorney-General to Attorney-General, but there was no co-relative
hring an action for and on behalf of the Go- vernment, and there was no power given to the Governor for the time being to sue of the Government.
on behalf
His Lordship-Is this the first action the Government has brought?
successors.
Į
He then went on to state that the Praya Reclamation Ordinance laid it down that it was the Governor or somebody on his behalf who entered into the agreements according to the form of schedule quoted. This agreement was made by Mr. Bruce Shepherd for and on behalf of the Government and it was made in the statutory form, so that the Governor in the Mr. Slade-I ¡believe so. I think it is articles of agreement included successors in inconceivable that any other should have been title. Unless that were so a very great absurdity The Tsingkiangpu correspondent, of the brought. Proceeding, he added that the would result because it would mean that assum- Shanghai Times writing on April 26, says:--- words which followed the title did not helping the then Governor to be still alive his Near Fang San (a low mountain some ten the plaintiff in suing for and on behalf of the friend's client could not possibly claim a good miles to the west Haichow) a huge piece of Government of Hougkoug. There was no such title unless he got some sort of assignment from crystal was recently unearthed. It is said to statutory legal entity as the Government of Governor Des Voeux. weigh 3000 catties, is over 4 feet in diameter Hongkong. It was a loose expression, very and 5 feet long. This is the second large crystalwell understood in ordinary language, but it found at this place within two months. The was on the same par as the Cabinet in England. crystal is a sort of flint. It is used in the No action could be brought against the Cabinet | making of Chinese spectacles and brings large in England. prices. It is said that, for the piece just spoken of, the owners were offered $25,000.
r. Slade-No, thank you. A crown lease will satisfy me quite w.....
Mr. Follock said there was another reason why it would be absurd
the to limit goverment to the man holding office at the His Lordship referred to a recent action time,-Sir William Des
i
Vœux. That was against the Government of New Zealand.
that the reclamation work occupied
.
Page 10Page 11