June 26, 1909.]
A v
The Chief Justice-It does not apply to the
case.
Mr. Potter-I quote it to show the view of the case taken at home. The next admission to which I will call your attention is that although Mr. Dixon considered it essential that le should clear his character, although he believed he was entitled to substantial rights, under this agreement of 15th April. he was willing to forego these rights, willing to enter into agree. ment with a man who had charged him with misappropriation, if he was allowed to practise in this colony; he was willing to put it down in black and white that he would not touch Mr. Hastings' clients; willing to lie down under these charges, if r. Hastings would only allow him to practise in the colony. He said he was not well enough off to take proceed- ings to clear his character. These charges were known at the time to at least three firms of solicitors, Wilkinson and Grist, Mr. Harston's firm, and Messrs. Hastings and Hastings' firm. with whom r. Dixon must come in contact if he were to practise in this colony. Counsel then
CHINA OVERLAND TRADE REPORT.
Mr. Potter-This confession is part of the
case.
r. Calthrop-I asked for specific charges and these were all that were given to me.
Mr. Potter-These are specific charges, The Chief Justice-We will deal with that after the recess.
After the tiffin interval, argument was con- tinued, and the Chief Justice asked-Supposing one of us were of opinion that the charges fail, what are you going to do with the confession? Are we to exercise our disciplinary powers on the confession?
Mr. Potter said he had not considered the point very carefully, but he thought their Lordships would be entitled to exercise their disciplinary powers.
Mr. Calthrop again addressed the court briefly and the case was adjourned sine die
SANITARY BOARD.
A meeting of the Sanitary Board
was
559
cultivation would also remove the danger from the water channels and sump pits now used.
(D)-The committee noticed a pond at the village temple which is apparently used for rearing frogs. This pond has been examined ion several occasions, but no larvæ have yet been discovered. It is, however, a possible source of tion, and if larvæ are detected in it at any danger and should be kept under observa“
time steps should be taken accordingly. The immunity from larve is probably due to the large number of frogs and tadpoles in the water.
(E)-Lastly, the committee are of opinion that if the above recommendations are given effect to the whole condition of the eastern portion of the village of Shaukiwan will vastly improved, the health of its inhabita and the troops quartered at Lyemun great.' benefitted, and the risk from malaria materia diminished.
Mr. HOOPER minuted-The Governm should give effect at once to the recon
commet ations made by the committee.
The PRESIDENT moved that the report
dealt at length with the admissions, and point held on June 22 at the Board Room. Mr. R. O. | adopted, and that the Government be requester
ed out that Hung, who was the only person who could speak to the presents being given or not, was not called as a witness.
The Chief Justice -These proceedings are not proceedings between Mr. Hastings and Mr Dixon. They are proceedings taken by Mr. Hastings bringing certain facts to the notice of the court concerning the conduct of Mr. Dixon. These facts have to be proved.
Mr. Potter accepted that, and continued his address.
The Chief Justice remarked that the charge
Hutchison presided, and there were present Hon. Mr. P.N.H. Jones (acting Vice-President), Colonel Bedford. Hon. Mr. A. W. rewin
(Registrar-General), Mr. A. Shelton Hooper, Fitzwilliams, Mr. Ho Kom Tong, Dr. F. Clark Hon. Mr. E. A. Hewett. Dr. G. H. L. Medical Officer of Health), Dr. Pearse (Assistant Medical Officer of Health), and Mr. W. Bowen Rowlands (Secretary).
SECTION 175.
A reply was read from Government relative
rests on the charges made by Hung. That to the advice of the Law Officers re exemption needed to be strengthened.
from the provisions of section 175 of Ordinance No. 1 of 1903.
Mr. Potter disagreed. He said that their charges rested not on Hung but on the evidence which they brought out.
The Chief Justice-I used the word based. Mr. Potter-They are not based on Huug. Hung had an interview with Mr. Hastings in which he said that money had been taken by Mr. Dixon. He refused to gave any instances, but having been set upon our inquiry by Hung we got out witnesses. Hung would not conseut to come because he was guilty himself.
Mr. Potterthen went on to refer to Mr. Dixon's mode of life. and stated that the accounts which he submitted were misleading, no items for clothing for himself and for the woman being included. Continuing, he said it would be necessary for their Lordships to decide whether they would accept the statement of Mr. Has tings or of Mr. Dixon. Mr. Calthrop had ng gested that was on all fours with a criminal case, and even looked at from that point it often happened that in a criminal case the strongest evidence was that of a confession made by the prisoner himself, It would be necessary for their Lordships to believe whether
those confessions had been made and whether
Mr. Hastings had perjured himself when he told them of those confessions. There was no room for mistake.
Either Mr. Hastings was telling the truth or he was guilty of perjury
It must be one or the other.
The Chief Justice--You will have to deal with the point that the confession is not con. nected with the actual charges. The confessions relate to small sums at the Police Court. The charges are larger sums.
Mr. Potter-The case of Wong Hui Tang was not discovered until later.
The Chief Justice-The confession is ac cepting small sums at the Police Court. The charge is accepting a large sum from Weng Hni Tung.
Mr. Potter-That is really part of the case— part of the charge of gross misconduct because there are admissions that certain sums of money
have been taken from time to time. There are also charges of having taken a loan of 5 0 from Wong Hui Tung.
The Chief Justice-Reducing it to a definite proposal, to which charge do you say this refers
Mr. Potter-I don't say it refers to any special charge. I say it is an admission of conduct which will entitle your Lordships to
strike him off the roll.
A r. Calthrop pointed out that there had been five charges against Mr Dixon, and these were now reduced to three. The specific charges must be proved.
Consideration of the matter was adjourned, the Government having added a second paragraph to their letter, which is to be re-circulated.
MALA IA AT SHAUKIWAN,
The committee appointed to report on the condition of Shaukiwan-Hon. Mr. P. N. H. submitted the following report : Jones, Colonel Bedford and Dr. Fitzwilliams-
(A)-The Committee concur generally in the description of laukiwan, and the conditions there existing, as given by Colonel Fedford in his address to the Board, when moving the resolution on May 11th.
(B) -- The Cominittee are of opinion that the sufficient to explain the existence of indlaria conditions now obtaining at Shaukiwan East are amongst the troops, and others residing in proximity to or having to pass through the village.
The Committee now recommend :-
to give effect to it as soon as possible.
Mr. HOOPER seconded.
The REGISTRAR-GENERAL-I should li
before agreeing with the motion, to hear a lit more about the foreshore and malaria. I dłu not know before that foreshore covered with salt water could be a breeding ground for mosquitoes The people who live there, the boatpeople, are a very useful section of the community, and a people we cannot very well do without. If it is neces- sary to remove them I hope the government will find some other place where they can put their boats ashore under proper police protection.
Colonel BEDFORD explained that one of the great objections to the preseut foreshore were the nullahs which made waterholes high tide were not washed out. in their course, aud which waterholes at very Another objection was the terrible smell which existed thought most people were satisfied that the there during the whole of the summer.
bottom of the bay was nothing more or less than a deposit of excreta, which was lying there at low
or high tide. He did not say that the smell had anything to do with the introduction of malaria, but as the Committee pointed out, the nullahs could be effectually trained until they reached the sea. He presumed that the reclaim. boating population out of the bay, although it ing of the foreshore would not entirely force the would certainly put them further from the shore.
K WLOON CONSERVANCY CO TRACTOR FINED.
He
A complaint against the Kowloon Conser- vancy contractor was dealt with.
(C)--(1)—That the undergrowth and scrub be
Dr. FITZWILLIAMS minuted that the man cut down and removed by the authorities
did not seem either capable or willing to fulfil concerned, from the western slope of the Lyeman cliff, situated between the village below
his contract, and he thought it should be can. and the barracks above, the trees and swalloard, and therefore probably only laughed at celled. The mau had been threatened by the herbage being allowed to remain,
| similar charges.
(2) The reclaiming of the bay (as approxi- mately show in attached plan) to the extent originally plat ned by the Public Works Depart. ment: or if funds will not permit of this, then to low water mark, as also shown in plau. This would remove the nuisance now complained of, so far as the extensive area of stinking mud, left exposed for many hours each tide, is concerned. It would permit of the regular training of the now irregular and offensive estuaries which debouch upon and trickle over the foreshore, forming pools and water holes in their course; and would force a large portion of the boat population, which is now crowded and huddled close in shore, to evacuate this part of the harbour, and thus eliminate to a great extent the filth-producing agents now living there.
running along the high road through the (3) The training and currenting of the stream
western portion of the village, between the slaughter-house and bridge No. 11.
(4)-The training of the nullahs running to bridges Nos. 11 and 12.
+
Mr. HOOPER suggested that if the fürther charges were proved the man should be fined the maximum penalty. The speaker. wished to which the contractor would be liable under his know how many specific charges there were for
contract ta penalty in each case.
The I RESIDENT-There charges.
and
are
four main
he contractor was called before the Board, find $25 each on three of the four charges on the charges being considered he was preferred.
On the suggestion of the REGISTRAR- ́ GENERAL it was further agreed that arrange- ment should be made in case the oard found it necessary to cancel the contract, as the work could not be allowed to be undone for one day.
RAT RETURNS.
The return of rats caught for a number of months past was laid on the table.
Colonel BEDFORD minuted-In view of the extensive area of godowns and wharves at Kowloon, and of the prevalence of plague on that side of the harbour, the number of rats caught in Kowloon satisfactorily few.
appears to me un-
(5) To do away with, either by purchase, compensation on otherwise of the plots of cultivated ground immediately below and to the east of the Saiwan Road. The ground whereon these plots are situated, being below the level of the road, are liable to be covered with the
Major A. A. S. Barnes has been promoted water used for irrigating them. and I ietenant-Colonel during his appointment as difficult to drain. The abolition of this area of Commandant of the Shanghai Volunteer Corps.
are