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SUPREME COURT, Monday, September 5th. IN APPELLATE JURISDICTION. (BEFORE THE FULL COURL) MOTION TO RESCIND A LEAVE TO APPEAL.
In the notion in which the Imperial Bank of China are appellants and Loung Shin Kong the respondeat, the Full Court delivered its decision OD the motion brought for an order that the provisional leave to appeal to His Majesty in Privy Council against the decres of the Court pronounced in the action on June 28th, 1909, and granted to the appel lants, be rescinded by reason of the appellants not having paid to the respondent a sum of 83,686.04, interest on taxed costs.
Mr. M. W. Slado, K.C., instructed b Paget Hott (of Mosers. Bration dott), peared for the respondent, and Mr. C. G.
THE HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER ern, 1910.
do not like this discussion, but I am bound to Mr. Slade-In those cases I apply for costs. The Attorney-Genora-I submit in this casoy it cannot be avoided, because the affidavits there can be no order of all, The wou are no have been sot out. longer in the custody of the polics.
The Chief Justice-The Governor decided to hanish these mon, & writ of habeas corpus wen applied for, a rule nisi granted, and the men are discharged. If I could give costs I think I should, but I don't know whether we can.
The Attorney-General--I submit your Lord ships cannot
Mr. Blade thought thers could be no dispute about this, and referred the Court to the very learned judgment of the Attorney-General (wheng Chlef Justice) and Mr. Justice Gor
The Attorney-General -I am very glad your Lordship has, raisal the print now, because it gives me an opportunity of explaining exactly the position in which I and myself. One of the main contentions of my learned friend is that the banishment order is bad because the maz is not given an opportunity of defeading himself This is the only method by which I could pos I did it after mature sibly show that he was. consideration, hat fally recognise what your Lordship says, that it is unusual that com- muniestions passing through Govoramen departments should be brought into à Court But, at the same time, the of Jnatios. only contention which could possibly carry any weight at all in this case is whether this man had an opportunity of defending himself The only way to prove that he had is to put
this caso
wrong procedura has been adopted, and it is a procedure which loaves the way open to a vast amount of injustice being done to perfectly innocent individuals through no fault whatsoever of the Governor-in-Council. Dealing with the law, Mr. Slade said that in the authority under which the Governor was purported to not was statutory, and the terms of the Ordinance gave him power to banish. The statute conferred upon him na absolate discretion. Nothing was said in the Ordinance as to houring or not hearing an acowiod person, or as to the procedure to-be adoptad. The Ordinance was entirely silent in all matters of procedure, therefore it was left to the Governor to exercise his discretion and to adopt auch procedure in exercising his discretion as he ought properly to do under the law.
Mr. Slade-I beg your pardon.
The Attorney-General-The grounds are con- tained in the order in which he is banished. A man can be banished within a few hours aftor receipt of the order.
Mr. Slade-In Use order the Governor-in-
the
e prosent practice was that any man could be Council has to state the grounds. The effect of deported on the word of the Captain Superin tendent of Police or the last joined cadet if the Gorozzer-in-Council chose to act upon that judgment.
Their Lordships intimated that they would consider the matter.
MITCHELL . LEMM. The Chief Justice remarked that there were
for consideration. several points for
Mr. Alabaster, instructed by Mr. Stevenson (of Messrs, Deacon, Looker & Deacon), appear. ing for
for the
respondent, applied for arocation of the judgment obtained pro tanta. There was 816,000 in Court, and they wanted judgment carried into effect to that extent.
The Chief Justice-I don't understand. Mr. Alabaster-Judgment to the extent of $16,000,
These were not criminal caSON. Chief Justice-Wo might hear the torney-General ou that point. The Attorney-General-Yes, they are criminal cases. We have done nothing in the matter at all. My learned friend obtains a rulo Alabaster, instructed by Mr. H. J. Godge (of | against the Government en parte, the banishment before the Court the available ovidėace. He was opportunity to be heard; in what other way you must have an order for execution or BD
orders were found to be irregular, and the moneen by the Registrar-General on the instruc
tions of the Officer Administering the Govern“ ment.
Mesers. Johnson, Stokes & Master), repre- sented the appellants.
are released.
The Chief Justice-It shows the effledoy of a writ of habeas corpits
The Attorney-General-Haybo, my Lord, but I think the men are extremely lucky. I did not think my learned friend would have had the face to ask your Lordships to give coats.
The question was adjourned so that the Court might consider the decision referred to.
The Chief Justion stated that the question raised on this motion was that the provision for leave to appeal to the Privy Council granted to the Impérial Bank of China should be rescinded on the ground that the order of the Court had not been complied with with regard to posts, The motion was made on the grounds that a mum of 83,685, interest on taxed coats, had not
"HABEAS CORPUS" APPLICATION. been paid as well as the costs. The practice of
The hearing was continued of the motion for the Court was a material element in the ques- tion, and his Lordship had consulted the Rea Prit of habeas corpus to issue to Mr. F. G. gistrar on the subject, but the Registry was not Badaley, Superintendent of Victoria Gaol, aware of any practice including interest on directing him to show causó why he should not costs. It seemed to be the practice in England bring up the body of Lo Tran Man to be that interest on costs should be paid. His discharged from enstody, Lordship therefore came to the conclusion that the interest on costs was properly recoverable on writ of execution. He thought the law was clear that the respondent was entitled to have the interest on his costs paid, and, until the interest was paid the order, was not complied with He thought, in the oircumstances, that the order should be that interest on coste should be paid within fourteen days of this order, otherwise the provision for leave to appeal would be cancelled.
The Puisas Judge concurred.
Mr. Alabaster-Will your Lordship give a little more time than fourteen days? We have written to Shanghai in anticipation of euch A judgment.
far,
The Chief Justice-Shanghai is not so very
Mr. Alabaster-Wil your Lordships way a
month!
The Chief Justice-The Imperial Bank of China is a very wealthy corporation, and there issuch a thing as a telegraph transfer. I think fourteen days is sufficient.
LAL CHI CHIN AGAIN.
The case, Tang Wong Shiv. Lai Chi Chin, in which Mr. Slate moved for an order that the verdist obtained in the issue to determine whe. ther Lai Chi Chin was a partner in the Chuan Hing Steamship Compasy, late of 53, Bonham
|
Mr. M. W. Stads, instructed by Mr. M. Roader Harris (of Meesra. Wilkinson & Grist), made the application. which was opposed by the Attorney General (Hou. Mr. W. Rees Davive K,C.), who was instructed by Mr. H. L. Dennys (Acting Crown Solicitor).
The Chief Justice did not know why minùtos written briefly were submitted to the Coat
The Attorney-General-Eoth officers aro and arguments based on them. out of the Colony, and the only way I can save the position is to put those affidavits in.
The Chief Justice-Guverament could not be carried on if the minutes of different depart ments are open to the criticism of the pablis.
The Attorney-General--I shall satisfy your Lordships that this evidence is all that is
available.
The Chief Justice-Supposing the Legislature had decided in its wisdom that persons were arbitrarily to be banished without having the would they have expressed it!
The Chief Justico-We can't do that. Bither
order for stay of execution.
Mr, Alabaster-We want the money in Court W. and we will give security to that extent: will only want the judgent carried into execu tion to that extent, because we do not want the tremble of Anding a purchaser for the attached property.
Mr. Blade-You need not trouble. We will
find that.
Mr. Alabaster-We also want our costs paid with interest on costs. It does not hurt the defendant in the least.
The Chief Justice-There is a sum of money in Court which if you take out you will have to gise security to refurnish. Mr. Alabaster-Yes. The Chiof-Justice-Let it remain in Court.
security, There is sufficient seou
Mr. Alabaster We want the 816,000 cat. We are willing to give security. We will pay if the other aide is
Mr. Blade-Express it in so many words. The Attorney-General said this Ordinance rested in the Governor-in-Council exceptional powers to meet exceptional conditions in the Colony. His contentions were two. First, it was not necessary that a banishes should be heard in his own defence; and secondly and alternatively, this man was heard in his own defence on the charges made against him, and the Common Law principle referred to in namer- eus cases by Mr. Blade, had been complied with. Sub-section 2 of mention 4 required a statement; of the grounds to be given, and assuming that the Ordinance was complied with and a state- ment of the grounds set out the Court would not investigate the question of how far the Governor-in-Council was justified in acting upon the grounds before them. He submitted difcalt. What security can you give?
Mr. Alabaster-Wo have security which will that the grounds were clear and awply suff-be satisfactory to the Registrar. ciont, and that the Governor-in Executive. Council was presumed to have satisfied bimself of the truth of them. What were the grounds Mr. Blada-The Assistant Registrar General here? That the man was associated with an is not a member. We must take what unlawful society: Throughout Ordinanes 2 of appears on the face of the affidavit. It 1687, which was called an Ordinance for the The validity suppression of the Triad and other unlawful is not stated that they were, of the man's defouce was not adjudged upon by societies, the words " any such unlawful society” the person who made the order, but by e junior were need. To tell a man that he was a member oficial in the Registrar General's Department; of an unlawful society meant, and was under. and the man had no opportunity of patting his stood by him to mean, that he was a member of
Mr. Slado--What I intended to point out in that the Governor-in Connoil had before him nothing more than the judgment of junior
otoisis in the service.
The Chief Justice-We don't even know
whether, at the time the decision was taken in the Executive Council, these officers were not present.
The Chiefccessful.
point is exceedingly
The Chief Justice--It seems to me the simplest way is to leave the money in the Court. Mr. Alabaster-The simplest way is that we ebonid not be allowed to carry the judgmont into execution!
The Chief Justice-Can you give satisfactory security?
Mr. Alabaster-That is for the Registrar to decide.
Mr. Sleds informed the Court that he com manced his argument before the Chief Justice alone in this matter, bat his Lordship consider- ed the matter of such importance that he said he tronk prefer to have it tried before the Full Court, aul the case was accordingly adjourned. The rulo nisi was obtained upon several grounds, Counsel statel the grounds, and gave an outline of what had occurred before defence forward before the persons of ripe ex- the Triad Society. This was perfectly well purchaser for this attached property,
perience who compose the Executive Council
And even the substance of his defence was not before the Executive Conucil according to those afdevice, but merely a geners! sammary of it
understood, by the whole Chinese community.
The Chief Justice-It
seems to
ma
The Chief Justice-You must say whether you want judgment ourried into execution er whether you want execution stayed.
Mr Alabaster- We are told we can't find a The Chief Justice-It is not for you to find a purchaser. It is for the Registrar to say what property shall be sold.
Mr..
Slado We might find the money else where and get the property released.
the Chief Justice at the precious hearing.] Since the last hearing, Mr. Blade said, affidavita had been filed by the Crown which carried the matter a little, but oaly a little, further. There was an affidavit by Mr. Badeley, who stato put forward by Mr. Hutcheson-and-MrBrewin. the grounds it is going a very long way mle. We were under the impression that we
that the only thing he knew personally was that Lo Tann Man was a Chiness cunstable formerly in the police force. All the cost of his statement was the result of inquiries, and he did not stato with any particularity what the specific offences were in connection with the emigration frauds alleged. The unlawful society referred to in the vagus wonks of the banishment order was the Triad Society.
The Chief Justice-I am not sure with what
Your Lordships have before you the evidence on which this banishment order was made, and it is apparent that it is made, not pon a first-band judgment based upon the facts, but npen conclusions arrived at by The Attorney-General-Whom do you call junior officials in the service,
junior official?
Mr. Slade Mr. Hutcheson,
The Attorney-General-Captain Badeley ia
that if you once admit there is any prin. ciple which must be followed in slating towards admitting the jurisdiction of the Court to investigate them.
in
The Attorney-General-I am admitting it. I don't know whether the Court would be justified expressing the opinion that a man must be banish
ed from the Colony because he has a crooked nose
Mr. AlabasterWe do not want to force a could not get it without a great deal of difficulty, The Chief Justice-If you ultimately make executionbaster-My suggestion an order that judgment is to be carried into was much
The Chief Justice We cannot do that. Mr. Alabaster--Nobody would be taking the
more valuable to the appellant,
A SINGLE BOX
OF CUTICURA
CURED THREE
Father, Daughter and Baby Boy had Dreadful Itching Rash-Would Scratch Till They Bled and Sleep was Badly Broken-Their Curos
PROVED ECONOMICAL
EASY AND PERMANENT
My husband 'has suffered for years at different times with this distressing
complaint- burning, irritas ing rash on hig arma, lers and down the capire of his back,
s
had tried other remedion but it did no good vintil he tried Cuttours Ointment. With the årst night's use he got more rest fọc of course he always_suf- fored with; 16° more at night. He would scratch till the pimples bled. He perevered with the Cuticura Olt- mont every night and within a weak he Thanks to Cuti- was completely cured. eurs he has not had any more trouble of the old complaint.
"My little girl, since vaccination, always had a raah. On the lower pari of her band and neck would form white patches. I tried a lot of ointments and oold cream for this but they never did much good. She would scratch and make places bleed but she soon stopped ber soratching efter using Cuticure Ointment for a fortnight, She has had no return of it. She is five years old,
My baby boy had teething rash on his arms, legs and back for six weeks. It used to keep un both awake all night. He would keep scratching his little leg till be really riado them bleed. I used to try different ointments for it. They did not do much good but since using Cuti- cura my baby hasn't euffered any mor with teething rash. It cured him in about a week. It did not take a whol bor of Cuticura to cure the lot of them. Mrs. F. Hart, Castle St., Woodbridge, Buffolk, England, Nov. 20, 1909,"
Dewow: London. 37, Charterhouse Sq.; LeanS, Ltd., Tows, etc.; D. R. Paul, Calautia: 1. §, à‚ Ø Peter Drag Chen. Carp.... Sole Prope., Dostan
and evening every person in the street was een by an Inspector. As further casas broke out here and there in this stroet, an order was issued that every house in the street mast Be The street and limewashed. cleaned, disinfected
allow the was closed to vehicular trafic people to put their effects on the roadway, and every
assistance was given in the Way of The La- labour, disinfectants and limewashs. habitants did their best to help and at the end of a work every house was inspected and passed a clean, Sines this thorough cleansing no fresh case bas occurred in this distriot,
or a sallow complexion. The Court will consider cash in a Justice-You think you can pat | although ten cases were reported during May
Case.
The Chiết
Mr.
the fact as to whether he is an undesirable alien. This man was charged, on evidence with which up security?
and Juno
Strand, tried before the Chief Justice and a object the affidavits are put la. It looks as if the head of a Deporimont, and Mr. Browia is the Governor-in-Council was satisfied, with being į tv. If the Registrar is not satisfied with it, we district to district and then die out. In the
common jury, be set aside on the ground that the verdict was against the weight of svidence, was concluded
Mr. Eldon Potter, instructed by Mr. P. W.
Geldring (of Messrs. Goldring. Barlow & Morroll), appeared for the plaintiff (respondent), and Mr. M. W. Sindle, K.C., instructed by Mr. Hinds (of Messrs. Bratton & Hett), represented the defendant (sppellant).
they were put in by way of justifostion, bat wo are not trying whatser the action of the Government is justified,
Mr Shade-I am not asking your Lordships to go into the merits in the slightest degree. I was only pointing out that even the affidavits leave the matter as vague as it was on the face
the bead of a Department.
the
Alabaster We intend to offer secnri- It is strange how plague seems to creep from cannot help it. We also want our costs paid previous year Klong Ban Bomdej Chow Phya areas chiefly affected. During the past year, Mr. Sude-Mr. Badeley bas no knowledge of by the Ordinances of the Colony. It is a and interest on the costs of judgment on the | Ong Noi and Wat Chanssong kram were
Noi usual undertaking.
Klong Ban Somdej Chow Phya Ong secounted for four cases, but these occurred during the early part of the year. Great district; o new market has been erected, old changes for the better have taken place in this
new houses built. insanitary houses have been pulled down and
bis own whatever. What he knows is the result of inquiries he has made through detectives Another point of most serious import is this when on such evidence ne this the Governor in-Conscil makes an order that. A.B. shall
of the charge. On the face of these adidavits be banished, the order goes forth and is serv- it is perfectly plain that only the vagated upon a person who may be known as A.B., Mr. Potter said the position in this case at possible information was before the Governor-and there is not the slightest evidenco befora the last adjournment was that the Chief Justice in Council and that the Governor-in-Council on the Governor-in-Council that the person who in intimated that in his Lordship's opinion when the face of the affidavits had no material before fact is banished by virtue of the banishment the books were destroyed information of that him on which he could form s just judgment. order is the person against whom the charges destruction leaked oat, and thereupon the and therefore there is all the more reason why have been made,
a man should be given an opportunity of ex- plaintiff, well knowing that there was nothingplaining and meeting those vague accusations. in the books to support his
The Attorney-General-The man was rather plesso than otherwise that they were destroyed, and promptly began his action, pressly summoned by the Registrar-General, First of all, there was no evidence to support who is the protestor of the Chinese community, that suspicion. It was nothing more than a nad told all about the charges,
CASO,
Mr. Slade-I am going to read the whole of
the affidavits,
The Chief Justice-That looks to me rather Bko justification.
The Chief Justice-The banishment order is served by the police.
a party to two distinct offences made penal matter of common knowledge that hundreds are banished every year, and if it was the intention of the Législature to give parties power to be heard, it would have been expressly inserted. I weald refer your Lordships to the two minutes by Mr. Entcheson and Mr. Brewin, and weald
Mr. Slado-The costs are just as much part of the judgment as the damages. Your Lord ship will see the artful suggestion. They got required under the the 816,000 and merely give security to repay
to perform any judgment that the Privy that amount. What Order in Conneil is that they shall give security Council orders.
Mr. Alabaster-Sushi semurity as may be required of tis.
Mr. Blade-If they want to carry a portion of the judgment into execution they must give the security required to perform any judgmont of the Privy Council If they want execution, ill pay the money on receiving adequate
security.
submit that there was abundant evidence before the Governor-in-Counci" that this man had the Common Law right of explaining to the responsible head of a Department, to the parti. cular official here in charge of Chinese affairs. In this case inquiry was made by the Governor-in-Council and a statement was
The Chief Justice-Are the costs included furnished by the Registrar- General as to what
Mr. Slade-Yes. They want the money out passed between him and the proposed banishco. Mr. Slade--I quite understand that, but Supposing the man had said, "You have got of us to fight us. Supposing the judgment of name, Lo Tsun Man, holl of the wrong man, yon are charging me the Privy Council is to reverse the judgment of the Full Court they will have to refund what not state with something I have not done." That state. they have received. They will have to pay ns take this man's The Governor-in-Council does the Lo Tau Miu agafist whom those ment would have been fint before the Attorney. our costs. They want the money to go on with charges are being made at all, but charges General, and presumably the latter would advice and avoid giving security to pay as such smount
Privy Council are made which satisfy him that a person the Governor-in-Council that he was not justifieds may be involved in the judgment of the The Chief Justice The undertaking is to named Lo Tann Man has been gailty of an-in banishing the man before further inquiries desirable conduct. The order is signed banish. were made. In this case there was before the cover the costs. ing Lo Teun Man. The police take it forth and Governor-in-Conncil a clear admission of one of serve it upon an individual whom they believe the charges
Suspicion Counsel thought it would not be going too far to say that no ofisial attached to the Registry knew at the time that these books were burned, and it was only after
Mr. Blade-I have not put in any affidavits, a search of the godown that the Registrar camo to the conclusion that these books in answer. I am not attempting to interfere
burned with the discretion of the Governor-in-Council. to be Lo Thun Man.
All I am saying is that he has been given this discretion, but that he must exercise his diacre- tion in a legal and proper manner.
were kmeng a
which was 1838 Then, because this case had been two years running, his Lordship had come to the conclu- sion that they were rally waiting because they knew there was nothing in the books which helped them, and by the wonderful intervening of some power oror which they had no control--
The Chief Justice-Good Joss.
Mr. Potter-Good Jone-the books having been destroyed they promptly revived their case. It was well known that a quantity of books and documerits in the custody of the Court had become infested with varmin and practically eaten, with white nats, and the relics were ordered to be destroyed.
The Chief Justion said if ever there was a CARO of auspicion on the evidence, this was one, and
The Chief Justice-8 you regard the davits as throwing light on that point P Mr. Slade-Yes. That the discretion given
The Chief Justice-Before that the police have reported on Lo Tsun Man, and the Government-in-Council, naturally assume that the police will serve it on the right man.
Mr. Blado said he had only one remark to offer in comment on the cases quoted by his learned friend. He could show that the person who had to be satisfied was the person who had the power. It was for the Governor-in-Council to communicato with the man and give him an opportunity of defending himself to the Governor-in-Council and not to some outside person.
The Chief Justice said the point which
Mr Alabaster-We want the costs of the ac- tion. They don't come into the judgment.
Some discussion took place as to the cast of the appeal to the Fall Court, and it was nitim- ately decided that instead of the respondents applying for limited execution, execution should be stayed on appellants giving security.
One common factor in all outbreaks of plague in Bangkok is the filthy condition of the dis- trict affected. This in conjunction with ever- crowding and the presence of old-fashioned dark to plague. In and ill-ventilated Siamese houses-often with earthen floors-seems to condues to fact it may truly be said that the advent of plague in a district is an indication that its sanitary
condition is in a bad way. Hence I have come to look upon plagne as a blessing in disguise and as my most efficient sanitary inspector. The only royal road to its prevention is anai- tation. Clean, go on cleaning and keep clean, and you will get rid of plague as has been the ease in Europe for many centuries.
AMERICA AND KOREA:
OPINION IN THE PHILIPPINES.
The Manila Coblenews anys:—
We confess to inability to follow the logic of those persons who maintain that the United States is responsible for the annexation of Korea by Japan. We find it just as difficult to interfere in the matter oven admitting that the see why it was the duty of the United States to annexation was a bad thing for the Koreans. The United States has engaged in a good the Inst deal of knight errantry within fifteen years and the diversion has cost her
than one, but wa handsomely
in more weet oogates her to From the Report of the Medical Oßcar of fail to see why that
sentiune the business. This is
is particularly traa Health for the year 127-
a face of the fact that there is still a good-sized
However, there may piece of unfinished business of the sort on her
PLAGUE IN BANGKOK.
"A BLESSING IN DISGUISE,
hands at present
be a law
During the past year (127) fifty-one cases of with 39 for the previous year and 88 for the required very serious consideration was that the plague have come to our antics, as compared reasons were given to the man after the order year before that.
The behaviour of this disease in the same this af banishment was made. The only question
year as in former gears. The rats in a certain of habeas corpus was the logality of the custom.
district become infected and begin to dia of Hergarded the legality as clear. The Governor-plague. Some cases develop and the deport same treatment. By the same logic Manila has in Council gave the reasons on which the banishment gets to know of them, not always at the pablic library coming from Carnegie,
ra logis to justify the conoluzion that because Cubs and San Domingo and now Liberia were gives lifte Kores had the right to demand the given
justice could not be done culess and until the Tsan Man spoke very good English and acted the proper procedars has not been carried out siple into the order irrespective of the fact that moved to the hospital, and soon ne more cases Korea thế
as a kind of street lawyer to the boarding in this ense, and among other things that the
whole facts were thoroughly threshed out before. a jury, and bo therefore granted a new trial.
in
Mr. Slade Ignite agree that they would naturally same that that was done, but the way to the Governor-in-Council has not been ex- there is no means whatsoever on srvised properly. It is not Mr. Browin who has this banishment order is carried out for securing made the full and independent Inquiries sug that that should be done, and any street coolie gested by the Captain Superintendent of Police, in the street may have a banishment order addressed Lo Tsun Mon served on him, and be It is a junior official in his department.
The Chief Justico-That in an official way of busted out of the Colony in two days without the.cpportunity of showing that he was not Lo stating the fast.
Libertas is the latest to voice the item that The Attorney-General-Mr. Brewin saw the Taun Mon at all. man himself afterwarda.
The Chief Justice-That point does not arise
* KAYS: Mr. Slade-We have a roport made by Mr in this case.
Mr. Blade-It does, my Lord. It arises in ment order was made when the order was made, commencement of the outbreak, but more often the United States has some unperformed duty
and they had to consider therefore whether it after several deaths have occarret. The usual in Korea. That paper
sanitary measures are then taken, houses are
The lack of intervention on the part of the United States in the annexation to Japan of it was obvious that the jury did not fally Hutcheson, reporting to his chief, the Registrar
the total abdication on its appreciate the point as he put it. He believed General. In that report it was stated that Lothin-way: your Lordships are asked to say that was possible to introduce the common law prin- laned out and disinfected, the sick are zo
part of its policy the only ones salled upon to develop in the attented area.
Far Best." we have so few cases of plague in the reasons had to be given,
Mr. Slado replied that what the Ordinanca Bangkok, one cannot say, There is every en intervene are the Americans. The annihilation stated was that the Governor-in-Council had to
couragement for the disease to proad, and yet
interesting to them in the highest give the reason which induced him to make the it would seem that the measures taken by the degree. Two mortal blows have been given America in the Orient of late, the treaty between order. He had to inform the man is giving department have been invariably successful.
There is no doubt that much is due to the fact that Russia and merchants, and the annexation which closes the doors of his judgment, so to speak, of the grounds on
the Proke His Majesty
out, when plague first
Manchuria to The Chief Justice-In governing you must which he formed that judgment, erectly as a
Department practically of Kores by Japan,
apan, which strongly fortifies King gave the Health
the Chinese gut measures of pre Janan free hand" in
frontiers. depend upon your officials. I know the Governor court of law. A judge in delivering judgment
carrying out
the has to see that the warrant is served.
bad to give the grounds for that judgment. He rention. Such power continues to rest with and let it be observed that these two blows.
and the
result
has been that we in Manchuria and Korea destroy completely the initiated in 1898 with the acquisitionof the A case in point of Bangkok parties.
ardinary citizen of The Chief Justice-No, but he gives his is the outbreak in Wat Lieb Street last
that suspicions deaths had taken place in this late Minister Hay, a look whose key will be after the judgment.
street. On investigating the matter, it was Mr. Blade-Not after his judgment. In his found that rats were also dying in several of most zealously guarded in the pocket of the
The the houses. The infected premises were disin-
notion of Japan in annexing Korea judgment.
means the end of the latter country and at the The Attorney-General-The man is already fected and cleansed and many dead rats were found and burned. The whole district was pat under medical inspection, and morning same time the end of the American influence
in the continental Far East.
The Prisne Judge concurred.
IN ORIGINAL JURISDICTION. (BEFORE THE FULL COURT.)
BANISHMENT ORDERS.
The application made by Mr. M. W. Slade, K.C., for writs of habeas corpus for the delivery up of Lei Yok Nam and Kwong Taz
Governor-in-Council has had no possible oppor. houses. If that was an offence against the law Mr. Siado had never heard of it before. In that tunity of satisfying himself that the individual communication there were hints and suggestions against whoni the banishment order was intended of things other than those referred to as the to be directed is in fact the individual on whom grounds for his banishment. It was only the it should be sorved. conclusion arrived at by Mr. Hutcheson that was pat before the Gover.or-in-Council.
The Chlef Justice-Speaking 08
bound to I oficial,
think it
11
30
Bay
T that
Mr. Slade-There may be twenty Lo Tsun Mans in this Colony, and there are probably not quite in socordance thousands of Los We all know that even with
tho
have
In this
of
Kores
could not give judgment without hearing the Fery rarely had any trouble from the poopines; they destroy the 1966 programmie King, who are lodged in Victoris Gaol under with official rules, because it leads to this discus-the cars which is taken in criminal cases regu grounds before the judgment, Here they are] In May, information was given by the of Taftin Shanghai and subsitute for the policy
orders for banishment, was again mentioned
giɔn. `I know, and we all know, that minutes larly tried how mistakes in identity, de occur
The Attorney-General stated that in these written from one department to the other are from time to time. How much more easy is it osses banishment orders were issued, bat after the rule sisi had been made in both cases the written in what I may call shorthand. They for a mistake in identity to be made when the orders were cancelled by the Offer Administer are not legal documents; and there are many individual against whom it is intended to di recl ing the Government, That being so, the things in them which convey a certain definite this procedure is never bofore the Court at all? Captain-Superintendent of Folice appeared meaning to the ofloers interested. I confess I It is only another argament to show that ai merely to return the writs,
banished,
police of the open door proclaimed so valiantly by the
Mikado.