Page
THE EXECUTIVE
COUNCIL.
DO THE MEMBERS ACT IN not help thinking that a number of them
THE DARK?
THE POWERS' OF THE GOVERNOR.
THE HONGKONG DAILY PRESS FRIDAY, APRIL 26TH, 1018.
ing for one single moment that there was Mr. Follock: Yes, and the present agy intention to mislead the gentlenen Ordinance provides for an enquiry. on the Executive Council, but he could. Mr. Justice Gomperts: Whereas under the old Ordinance a man need not be must have been misled. They were told heard, in the present Ordinance it fol. that the nceused had been duly lows, as a corollary to the fact that there examined, and that implied
that is an enquiry, that the man must hear the man had had n the
con all the charges against him. comitants of fo
a fair
that
CASE AGAINST OFFICIALS. The action which Li Hong Ming, a
be had his every opportunity of meet- solicitor's clerk, whose deportation haa
ing these allegations against him which Leon ordered, is "bringing against the
were being forwarded. Such a statement Attorney General, the Secretary of
would certainly not convey to anyone Chinese Affairs and the Captain Super that the plaintiff had asked for the evidence against him repeatedly and had
intendent of Police was continued before the Fuli Court yesterday
Mr. Pollock: That is so. The Legis Inture could not have intended a cork of mock trial, a kind of sham trisl.
Mr. Justice Gompertz: It must not be presumed that the Governor-in- Council, because he dreams that a man is a bad man, says that he should be'
there is an enquiry. It may be a depart mental enquiry.
The Chief Justice: The powers under the old Ordinance are retained now under the new Ordinance except in the case of British subjects t
As is known, the plaintiff clains that been refused. He thought that any anished, It must be presumed that the treatment tarted out to him by the ordinary layman on the Executive Council, if asked whether he knew this Secretary of Chinese Affairs and the Captain Superistendent of Police Walowed, would indignantly deny that he was the procedure which had been fol- mul aethorised by the Ordinance, and did know and would add that he had not ho makes weventeen specific charges. ¡n
imagined it for one moment.
ned it for this connection In the action against the Attorney General the plaintiff em bodies a prayer for the declaration by the Court that the Legislative Body had no power to pass a Deportation Or dinance.
Mr. Pollock auked whether he had made his point quite clear, and it was agreed that he had.
Continning, Mr. Pollock wid· the
Ordinance was not n war mensure, but
Mr. Pollock: No, it is quite a difler Mr. Pollock
ent procedure. There was no provision for any enquiry under the old Ordinance. Continuing, he asked if it could possibly
be said, as a matter of common sense that the Executive Council bad done ita best to arrive at an accurate judgment as to the truth in this case, seeing that the accused party had had no opportuni- was said against
The whole of yesterday'e hearing kasa menaurs of ordinary municipal legis. sccupied by Mr. Pollock in an attempt lation. It was a monsure which was to to establish the following two points for form a part of the permanent legislation the plaintiff, (1) that he should have been of the Colony and was not intended for furnished with the ovidence for the pro- the duration of the war only. He asked secution upon which the charges made if it did not seem almost ludicrous tuty of knowing what against him wore based and which led suggest that a British subject should he him, fr. Pollock also submitted that the to the order for his deportation, and dealt with in this way. A question presence of the
Secretary of Chinese (2) that the proceedings of the Executive | might arise-h hoped that it never | Affairs at the Executive Council when Council when the order was made were would--in which, the rights of some prac, the Deportation Order was made ren- vitiated by the fact that the Secretarytitioner in that Court might be involved.dered that Deportation Úrder illegal. of Chinese Affairs, who had already Was it to be said for one single moment: Mr. Justice Gompertz: The Governor. -reported adversely upon the plaintiff, that such a gentleman should be dealt in-Council decides; not the Executive
was present at the meeting of that with in the way in which Mr. là Hong Council. Council
Ming bad been dealt with Was it to Mr. Pollock pointed out that if the Mr. Pollick emphasised his previous be said that a British subject, being Governor acted against the wishes of submission that the Secretary of Chinese dealt with under this section of the majority of the Council be had to
report Affairs and the Executive Council must Ordinance, had no right to hear the very fully upon the matter to the Secre net judicially, and pointed again evidence against, hito? Were their Lord
tary of State, giving the reasons for his that in his opinion, if the Crown's conships going to assume that anyone. Lention were upheld in this case, the
action.
Court would have to decide that neither one nor the other needed to act in a
juovial manner.
The Chief Justice: I don't know the course the Crown will take, but I assure their position will be that they are not bound to get judicially.
Mr. Justice Gompertz The ultimate
whole Conncil may be against him
rests with the Governor. The decision We
Mr. Pollock: The Governor has to sit
Council.
practitioner or interpreter, charged under this Ordinance with a criminal involved wore, as far as could be made offcare-and the charges which
out, actually a criminal offence were they going to hold-be asked the ques. tion with all respect that this tribunal, which had been substituted for a jury to try a criminal offence was to be entirely separated from all the rules of
ir. Justice Gompertz: You were aking of the Executive Council Mr. Pollock: I do not think Wo cau treat the Governor-in-Council as equiva
Neither can Conneil
Mr. Justice Gompertz: you treat the Governor-in-Council as equivalent to the Executive
Mr. Pollock: It seems a most whim- sical and extraordinary position that they are simply to act ministerially. natural justice which would be applied | lout-to the Governor,,
The Chief Justice. If the plaintiff in a criminal case tried in the ordinary nr Home witnesseway. The Crown had carried the case to had said Hore are som would he have been present when those that extent. The charges were actually witnesses were examined!
criminal charges and yet the Crown had The Governor-in-Council may be simply Mr. Pollock: Mr. Eldon Potter's asked them to say that because the plain- the Governor and no one else. He has widence was taken in the plaintiff tiff was not charged in the ordinary way the advice of the members, but he does before the ordinary legal tribunal not necessarily act in agreement with he had no right to the ordinary require them. ments of natural justice. Were their
absence..
The Chief Justice: The position then is this. The Secretary of Chinese Affairs and the Governor-in-Council possess cer-Lordships going to hold that it was tain evidence of which the plaintiff seriously intended that this man should knows nothing. The plaintiff may name be treated in this way, by evidence taken carlain witnesses of his own and it is secretly as far as he was concerned, open for the Secretary of Chinese Affairs taken behind his back, and that although to examine those witnesses in plaintiff's such procedure would be laughed out absence and then put to plaintiff ques of Court in any court possessing criminal tions based on the evidence of those wit-jurisdiction it Was to be solemnly. Beases whom he has not heard.
enunciated that the Governor-in-Council had a right to do away with all these requirements, that he had a right to condemn a man,
a British subject, for
Mr. Justies Comportz: The question as whether all that is provided for under the Ordinance.
My Pollock: The question is whether
a criminal offence without letting him
know what his accusers said against him; that he was really to be condemned merely on a vague and general charge
the Ordinance expressly says that pro ocdure should be adopted, for unless the Ordinance expressly says a man shall not hear the svidence against him, and shall not be present at the examination undesirable things, and was to be of his own witnesses, we submit that the deported from the Colony for 15 years! ordinary requirements of natural justiço |
Burely their Lordships could not pos- must be observed Continuing, Mr. Poflock said the procedure adopted was sibly hold that They would have to say
so contrary to natural justice that he
The Chief Justice: Supposing the Governor sits in Council, that is to any with the Executive Council,
and suppos ing he differs from the whole of them- every man-his order would still be signed by the Clerk of the Councils and would cranate from the Governor in Council. Is that not to?
The Chief Justice intimated that he and his learned brother were a little at variance on the point. No defnita answer, however, was given to the query. Mr. Pollock again submitted that the presence on the Council of the Secretary of Chinese Affairs, who was practically in the position of the accuser, vitiated
*)
SPORT
YACHTING.
ROYAL HONGKONG YACHT CLUB.
**NIONE EDT."
The week-end race for the Inter-Club Niobe Cup for all English Rigged cruisers of the Colony, mailed last week end, was won by the "Vern," Mr. Paul Hodgson, owner and steersman,
COMMODORE'S CUPS
The course and handicaps for the Com modore's Cups of the H.H.Y.C. to be sailed on Saturday, 27th instant, are as follow's
Course:-Lyemun Beacon (1), Chan- nel Bocks (P), Kowloon Rocks (P). Distance, 8 miles Starting Line:→ Murray Pier and Outer Naval Buoy. Finishing Line:-Oficial finishing line H.H.T.C. inside Mark Boat, east to west.
gun, 2.15 p.. Handicape- Preparatory gun, 2.10 p.m.; starting
Dione –
Robe
Jessica
Diana
Colleen
Aileen Daphne Ailna Bonita
Dawn
Lady Ursula
Toinette Gael
Dorothy Asthore
Scratch.
10 secs, per mile.
·ORUISERS—ALL - CLABBES)",
Preparatory gun, 23 pm; starting gun, 2.30 p.m. Handicaps:--
La Cigale
Scratch. Lady Jean Vesper Vora
Irene
Feathers
Mist
Dorothy II.
Niobe
Helen Queen Bee
20 secs. pot mile.
LAWN TENNIS
HONGKONG" C.C. TOURNAMENTS.
The following were yesterday's results
in the tennis tournaments:-
MIXED DOUBLES · HANDICAP. Major Hammond and Miss Gordon (res, 15) were given a walk over by Bulmer Johnson and Miss Potter (ree
BINGLES CHAMPIONSHIP.
F. E, Joseland beat Wong Po Heung- 8-4 6-3; 40; 63,
* OPEN CHAMPIONSHIP SINGLES *
C. C. Stark (rec. 15/2) beat H, 1 Vermey (rec. 15)—6-4; 9-7.
Rev. C. Cooper Hunt (owes 2/6) beat C. F. Malby (reos, 15)-6-2; 36: 62
GOLF.
BOGEY COMPETITION RESULTS.
In the April Bogey competition of the Royal Hongkong Golf Clubs for men there were entries. Two cards were returned, the winner being Mr. W. Boes, one down Mr. T. J. Fisher came next, two down
of having made a practice of doing the proceedings, and he quoted a number
of cases in support of this view, ***
The Chief Justice asked whether His Majesty's pleasure had been made known- yet with regard to the Deportation
A POSTMAN IN TROUBLE.
ALLEGED ATTEMPT TO DEFRAUD,
At the Hongkong Magistracy, yester day, before Mr. J. R. Wood, a Chinese postman was charged with attempting to defraud a Japanese gentleman, residing at 116, Praya East.
Inspector Sim said defendrat book a
that the Governor-in-Council: tried a Ordinance. man for a criminal offence without The Attorney-General replied that no was of the opinion some members of the fitting him have the ordinary safeguards advice had been received him demanded twenty cents, informing
Alabaster, O.B.E., instructed by M
Mr. H. E. Pollock, K.C., and Mer Wilkinson, of Messrs. Wilkinson & Grist appeared for the plaintiff; and Mr. E |H. Sharp, K.C., OB.E., and the Attorney-General, Mr. JH. Kemp, CB.E., instructed by the Crown Solici tor, represented the defendante. -
The case was then adjourned.
Executive Council would be extremely which he would have had at an ordinary astonished if they were told to day-trial. He submitted that that was an **Well, you have had all this evidence extravagant conclusion which their Lord- before you; do you really know that this ships were asked to come to accused person has never been allowed to see that evidence, and that the repeal- nd requests of his solicitors that it might be forthcoming have been refuted 7
to
The Chief Justice: If they were not bound by the procedure maintained in the Courts that should have been express-
ly stated.
SHIPS LOST AND BUILT IN 1917
In the House of Commens on February
The Secretary of Chinese Affairs reported Mr. Pollock: Yes. Continuing, he said that the accused had been duly examined
the Governor-in-Council had to ask and forwarded the evidence of the pro himself in a case like the present on 18th, Bir LChiozza Money, replying to secution. He thought if they were ask the members of the Executive Coun-
Ars these accusations true, or are they Bir O. Philipps, said: The net loss f British vessels of 1,600 tons gross and al whether they realised that they had not true!" It was also clear that, an upwards in the year 1917 was 699. fake- been taking part in proceedings under regarded finding the truth or otherwise ing due allowance for the date at which the Deportation Ordinance which led to of these criminal charges, the Governor tonnage available in 1917 was 20 per cent the losses in 1917 occurred, the British
fell in cargo
letter on Wednesday to complainant's house, and handing over the letter to
by the Portal Department for unpaid Complainant, that the same was charged
letters. Complaindat was not satisfied with the explanation, and said he would accompany defendant to the Wanchai. Post Office Complainant went up to his room to put on his coat, and on his re turn downstairs found that defendant had left Complainant went to the Wenchai Post Office and reported the matter to the postminster. Defendant was then arrested
Complainsat stated that there was no
this unfortunate man being sentenced to in-Council bad to detarminc a matter less than in 1916. The Kingdom is but in this instance there was no stamp.
British veresis in 1917 as compared with ported into the
Sir I Chicaza Mane added that dar ing 1017 200 British-built merchant steamers of 1,000 tons (gross) and upwards
completed and brought into service.
1916 was, however, only about 2 per cent.
deportation for 15 years without his which in the ordinary course would be seven having seen the reports which the determined by a jury. That being so, Becretary of Chinese Affairs had sent to and it being a penal proceeding, it was the Council, some of the members of that quite clear that the body which had to Council, would at once say that they determine the truth of the allegations | aggregating 1,067,096 tons (gross) were never imagined that they were passing had to exerciso a judicial function. sentença under any such circumstances. Mr. Justion Gomperit. Under the│***
They would say, họ thought, that they old Ordinance the Governor in Council never imagined they were being parties could issue an order stating simply that to anything which appeared so unfairman was to be banished. That Or on the face of it. He was not suggest dinance has been revealed.
The "Far Eastern Travellers" Gazette," containing information of the various holiday resorts in the Far East, can be obtained free on application to Messrs. Thos. Cook & Bon.
stamps on the letter. Usually when s stamped the letter on the envelope, letter was sent unpaid the Post Office
Defendant informed him that, unless the muter was paid, he would not deliver the letter
Defendant said he gare complainant two letters. He did not mention any
thing about an extra charge, Complain- refused to accept the letter because
it was
Mr. J. B. Wood remanded the case till Tareday, fixing boil at 150.
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