THE HONGKONG DAILY PRESS. THURSDAY, AUGUST 2ru, 1922
INTERESTING ARGUMENT AT THE
MAGISTRACY,
MONTREAL. INSPECTS THE PORT FACILITIES
:w
The Alontreal Daily Star, of: Monday, July 10th, contains the following:
Sie . E. Stubbs, Governor of Hong keng, and a number of the members of the Government Council were the guests of the Montrea! Harbour Coinmission at the water-front to-dng..
RANDOM REFLECTIONS. by H.E. the Governor after he had once CHINESE MARRIAGE - LAWS. SIR REGINALD STUBBS AT
been retained by the Justices of the To the two evening papers I have to
Peace by the narrow majority of four bow my acknowledgments for, a consider- pble amount of gratuitous advertiser out
'votes and, later, bejected by the same ecently. After likening me to a twink constituency, Ou both occasions, be it ling star in the local journalistic firma- remembered, he was opposed by a Con aconent they have united in Inmoating that stitutional Reform candidate. Yet the I do not appear with greater frequency Telegraph has the effrontery to assert to lighten their gloom with my corusen- that so far from the fate of this Bill tions and scintillations. Grateful for this helping the Constitutional Reformers we Graceful compliment, my natural inclina. should think it would have a directly tion would u to
The trouble with the return it if only Prosite effect." honesty would permit. Of course all that Tegraph is, that it does not think my friends have written has not been enough, and under-rates the intelligence conched in equally cordial terms, but," of the community, viewed aright, it has been no lear gratifying and sincere à tribute. Wasn't
he did not ware a.rap what was said of him so long as he was ang ignored?| Well, then's my sentiments," as "the man sail, proving in the pristed prayer on his bedroom, wall just before turning
Hetween ourselves, i should not be
I
Interesting arguments were advanced at the Magistracy, yesterday afternoon, by opposing solicitors as to the Chinese mar ringe, laws which are observed in the Colony and their relation to the laws of England,
Under the Chinese marriage laws it is an offence against the law to cominici
Sir Reginald Stubbs is on his way to In England for a holiday. He will return to adultery, with another man's wife. Enginnd the ancient law, according to Hongkong in October and it is the intens Mr. d'Almada, which made adultery antion of his Government to construct im joffruce, was not applicable sinen 1843. Mr.provements in, the port of Hongkong a sur. Leod'Almada, who appeared for the soon as plana are complete. While the it the late Lord Fisher who leclared that prised if it were found that it was the defendant, argued that the Jaw as it exact east of the improvements is not;
amendments to the Hill, offered from the existed in the Colony was repugnant to known it is estimated that they will reach Unotheini side which led to its abandon the fundamental principles of the law of several million dollars.
England." ment. The decision was reached,
With this end in view he took occasion The ease concerned the actions of a believe, at a conference only a few hours
to inspect the port of Montreal and the before the time for which the Council had
Chinese building contractor, named Wong various facilities and equipments. He ex- been summoned, Which reminds me of Ho, and a married woman aged 24 years, pressed himself as being very pleased
who was said at one time to have been he said.
with the Montreal habour. "It is fine," the China Mail boast that Alone we
in his employ as a coolie. The woman with the new cold storage plant. It re- "I was particularly impressed did it." As the Daily Press is charged with entering the ring late in the day was alleged to have absconded from her presents the last thing of its kind as for may it not fairly retort: We Delivered 400, and, in respect of which a separate mission, and M. P. Fennel, general
husband, a boter-mitker, with the sun af, perfection goes."
Dr. Milton Hersey, member of the cgm- the Knock-out Blow-after our colleagues charge was preferred against the woman, manager of the port, explained the had been vainly attacking for days with".
which was disposed of prior to the bear. Various apects of the port to the
Governor. mon vigour than science, l."
ing of the present case. The womun Asked of the position of Hongkong in admitted taking the money and said, by relation to the revolutionary outburst! The Daily Press, you see, mis uever in way of excuse, she only took it away for that is spreading OVER China, the gone age weit in the habit of doing owing too great a hurry to rush into print at safe custody. The stolen property was Governor said it did not affect his terri
not recovered and on her own admission tory very much with the exception of the to the dearth of other subjects, and as any time on a vital subject." The result the Magistrate sentenced the woman to worry it caused. the aliscurre provincial papers still do for¦ is, as the China Mail generously admitted three months' imprisonment,
As to when it will stop he said he had much the same rens--stands self-con on this occasion, that it published the building contractor and they were: No one knows," he said.
Three charges were preferred against not the fainest idea I quit guessing" deinned and pays pour compliment to thoughtful leader" "Thoughtfal head: (1) wesiving the stolen property: (2) Accompanying Sir Reginald is the Hon. the mentality of its weaders. My reply to¦ers," I may remind my friends, gay adultery with another man's wife-the Mr. A. G. Stephen, general manager of Robert MacWhirter's "hoisterous attack more weight with thoughtful people the defendant in the previous case: and, (5) the Hongkong and Shanghai Bank and
harbouring another man's wife
member of the Government Council, Hon. may not have been, dignified, but it was people, that is, to whom they are address: Mr. H. L. Dennya represented the Mr. C. Mcl. Messer, Colonial Treasurer in the style which he set and could under c-than do acrid eructations due to woman's husband. Sub-Inspector Purden P. D.
Sutherland, general passenger Sagent, Canadian Pacific Railway, Hong- stand. It may perhaps, be forgiven, mental indigestion through insüfferent appeared for the Police.
At the outset of the case Mr, d'Almada kong, G. M. Bosworth, chairman of the since it has opened his eyes to the fact: mastication, deficiens salivation, and raised what he called serious pre. Canadian Pacific Steamships, Ltd. E. N. that whin folk have a poor ense it is hasty deglutition. Vital subjects a liminary objection. The defendant, he Todd, C. E. Beajamin, and Allan Came
said, was a well known building contraeron of the Canadian Pacific. invariably the custom to under-rate the worthy of careful treatment.
The tam tor and with view to possible Nir Reginald is having for Quebee this ather chap's intelligence (by, allasions to boyant and TOXOCO style of writing aral in the event of a conviction, evening and will sail for England to Father and baby-ribbon, for example), generally impress the author more than
morrow. It sounds, smart but is no argument," his readers, Let us hope the lesson will be remem- bered.
up
At the same time I do not share **Robert MacWhirter's
opinion that "these pleasantries brighten paper. To me it always seems that paper which is under the necessity of relieving its gloom by directing ill. anannered and choleric outbursts at its contemporaries-as the journals of a bye.
little less impetuous.
;
he desired the Magistrate (Mr. Lindsell to take a note of his objection." The grounds of his objection were: (1) that the Ordinance (The Chinese Marriage Preservation Ordinance) was on the whole altre eles of the legislature of the repugnant to the law of England and was
The Magistrate: Although it has Yes, it is absolutely repugnant to the fundamental principles of the law of England. Is second objec
received the Royal Assent?
Mr. d'Amade:
+
He
witness said the marriage with him was Cross-examined by Mr. d'Aimada, the
with the assistance of his mother. arranged seven years ago by a go-between marriage. She ene to his house on the had never seen his wife prior to wedding there was the usual Chinese marringe ceremon
day in her bridal chair and
Asked na regard the marriage papers;
The witness: No
Do you want to prosecute him Yes, yes I would like to do that-(laughter.)
Did you instruct your solicitor to pro- secute?-I don't know.
But the suggestion that this paper waits to see which way the wind will The Daily Press is never in too great blow before it commits itself to an opinion Colony. a hurry to rush into print at anytime is a calumny which those who utter it! -on a vital subjret," observes our critic, well know to be false Did it wait to and the evening papers must surely be see which way the wind would blow when wishing by this time, that they, also, were it criticised the early contributions of tion was that the Ordinans was applies witness said these had been in the keep The Telegraphy this Colony "to the Imperial war chest!able only to the Chinese race and, thering of his mother, who, some years ago, for example, was in an ecstacy when it when it initiated the movement for another
fore, discriminated between one face and was shipwrecked on a voyage to Shang- discovered or thought it had discovered Constitutional Reform Or when it began
that the Registration Bil was the the agitation for the abolition of Mai Chinese and against the European, who his mother should take the papers-with
The Magistrate?"
hai. The marriage papers were lost in in favour of the the wreck. He could give no reason why offspring of what Mr. Fletcher cumplenis Teni two years before Mrs. Haslewood has no remedy. tically described as "a representative arrived in the Colony Or when it your Worship is fully aware, adultery happily with his wife up to the time of Continuing, Mr. d'Almada said. As her to Shanghai. He had always lived Committee," "Save us from Unofficials ???
criticised the Li Hon Mi deportation as an offence against the State. It is been a true and faithful wife to him, and the loss of the 100. She had always exclaimed The Telegraph in two places,
not an offence against the person, accord- just as a week before it had prayed to opposed Sir Henry May's project for at all, it is only a sin against morality charge against this man for committing
proceedings? Or when it successfullying to English law, and, if it is anything he had no suspicions against her. the unofficials to
Mir, d'Almada: Are you laying this save 118 from the erecting a new Y.M.C.A. in the middle of and society generally, Government. Yet, what are the facts? The the war? Or when it urged conscription! Mr. d'Alanda 'quoted from a Royal adultery? Hi emanated from a Committee of six for military service overseas? Or when it Charter to the Governor of the Colony persons, consisting of two members of the the ground, amongst others, that, ns
condemned the local Defence Force Bill on dated July 7th, 1806, as follows: Government, two members of the Fight drafted, it would condemn us to perpetuni ing Forces, and two Commercial en servitude, after The Telegraph, with the chosen by the Government. There is no haste which Robert MacWhirter" ad. evidence that the idea of compulsion mires, had given the measure its blessing? originated with the unofficial members of that Committee, but, even if it did, it. must have been endorsed by at least two Jpropos of the inadequacy of police of the four official members, aral after protection, of which complaint was madr wards approved by the Government. The at the Cheung Chow Residents' annual thing. Moit was shrewd enough to realise meeting, I am told that some years ago this as soon as it learned the facts, and there were frequently two European lost no time in eating its words-a form of diet to which it appears rather partial. In any case, though, if this Committee be the Government's and the Telegraph's idea of representative" of the com- munity it is not mine, and I decline to be held even academically responsible for its actions. Mr. A. G. Stephen and Mr. G. T. Edkins are admirable representa tives of section of the community that section which has never been overlooked since the early days of the Colony-but Constitutional Reformers urge that there are other sectious deserving of repre- sentation, for, the Varsity under graduate conceded, they are also God's creatures."
officers stationed on the Island, together
"The Governor shall not except in the cases hereunder mentioned, assent in our name to any Ordinance of the following classes:
Paragraph 10.-Any Ordinance whereby persons not of European birth or descent may be subjected or made liable to any disabilities or strictions to which persons of Euro pean birth or descent are not also subjected or made liable."
Is this the first time you have heard of this charge ?—Yes.
charges preferred against him!
The Magistrate: Do you know, the The witness: I want to get my 40 back,
The Magistrate: Is that all-Yes. Mr. d'Almada: So that if you got your 8400 back you would be satisfied - from Yes, quite satisfied, because the money
alabary's Laws of England," dealing belongs to my mother. Mr. d'Almada also quoted with ten Indians, who were later reduced with Colonial laws, to the effect, that any
to eight, and now number only six? If this is correct, the Captain-Superintendent Colonial law which is repugnant to an witness and he repeated his former state-
of Police would be well advised to remem-
The agistrate again questioned the act of Parliament is void.
ment that all he wanted was to get back ber the fate which befell one of his pre- wish to labour the point, but he would
Mr. Dennys, in reply, said he did not his $100. decessors in office over the attack on the point out that the Ordinance was meant don't care a bit what is done to your Cheung Chow Pulice station. If any especially for the Chinese community and wife-No, she has become a bad woman The Magistrate later said: So, you thing like that were to happen at Cheung for marriages amongst Chinese people, now. Chow now the authorities would be hard nccording to their anciens put to it to offer a defence.
customs. Examined further by Mr. Dennys, the Their idea of marriage was that the witness then said that in Mr. Deanys woman was sacred as regards other men office he had instructed the solicitor to and that it was an offence to commit bring the present charges. adultery against another man's wife. At Evidence was next given by an old
It cannot be said that the Government have been entirely indifferent to the needs of Cheung Chow, for they have erected a was also an offence against Chinese law woman, the sub-tenant of No. 150, Port- nica new concrete pier there. By degrees, with the facts of the case, Mr. Dennys fendant had stayed on the pranises on to harbour another man's wife. Dealing and Street, to the effect that the de- it is hoped, they will train the water to said the defendant, as a contracter, had several occasions with the woman cos "Adversarius concedes that under a
come up to it, but why did they lop off at one time in his employ a woman cerned in the case prior to July 24th, and Constitutional Reform Government, such the end of the old pier first? as I want, we might be safer than we are
named Lo Kam Tai, the kit fat wife of that they had always occupied the same from Prussian laws, but before committing
a boiler-maker employed at Taikoo. The cubiele, Froar July zith to July 27th himself too far he wants to see the type Germans are to be free to return to the apparently friendship had sprung up, he address.
Now that the time approaches when the woman had been employed as a coolic and they occupied a cubicle at the above bf legislater the change would give us. Colony the question is being-askeil-where tween the two, The woman left ber It sounds rather like asking the cock-to
The woman in the case was, next put show the kind of omelette he will produce they will reside, Probably they will husband without telling him alie was in the box. She swore that she did not before breaking the eggs, doesn't it? desire to live together, for some time at going, and went to live at No. 150, Port know the defendant and had ever stay. Still, I think I can oblige. The type of any rate, and various places, including land Street, a place which was not above ed with him. She knew him by sight. man eleoted to the Council under Shek O, are mentioned as suitable for the suspicion. He could prove. that the When the ran away from her husband Constitutional Reform would be the purpose. Already the Germanas are re-habited on various necasions long before Street, where her sister, Wong Fau, lived.
woman and the defendant had type of man of which the majority of the Ported to have secured office accommoda the present offence occurred. On July he handed the $100 to her.
co-she went to live at No. 150, Portland electors approved, and knowing that be tion in close proximity to one another 24th the defendant and the woman, who seen the defendant on severní occasions, was dependent for his seat upon their and to be negotiating for a block of had taken the family money, went to live but did not know him. She also denied support he would be careful to study residential buildings now occupied by at No. 150, Portland Street. A few days having received the letter from the do their wishes. Cannot my friend trust his British families on the Middle levels. followers to do the right thing under his merely give the report for what it may money to Saikoon and attempts were
I inter the Women's sister ded with the fendant. "tutelage, or does he wish us to under- be worth because it is current and to made to smuggle the woman in the case said she did not know how to read or
stand that they are not numerous enough afford others, better informed on the sub- out of the Colony
In reply to Mr. d'Almada the woman to exercise any influence in an electorate ject, the opportunity of publicly-con-
write. of about three thousand 1
な
tradicting or confirming it.
She had
Evidence for the prosecution was given The Magistrate said that there was no by the woman's husband, who throughout evidence so far as the charge of receiving his evidence seemed more concerned overwas. concerned. It would have to be die the loss of the $100 than he was over missed.
..
To appreciate the effect of election, versus nomination it is only necessary to ponder. In opening the new Hall of the trate so. He told the Magistrate that the harbouring. Mr. Dennys pointed out that A closing thought for my friends to the loss of his wife; and told the Magis Konsult Haneard for, say, the past ten London County Council laat mouth, H.M. Ending of a letter in the woman's clothes, the old woman's evidence had not been Regarding the charges of adultery and years and see the respective paris The King said: "Opinions offer as to supposed to have been written by her shaken under cross-examinations played by the elected and nominated the machinery of local administration and alleged clandestine lover, led to a quarrel plements in the Council. Nay, you need the best methods of cbtaining the best between them and on the day follow-justified in convicting on the evidence of not go oven to that trouble. Take the results, but it is universally-recognised ing the quarrel the woman vanished with one witness. Although he felt that there The Magistrato said he did not feel case of the Bill under notice Who was that the root of all good government is the money. He reported the matter to was something in the case, at the same the voice that protested, ngainst the live and active civic spirit." What do the Police and to the Secretary for time the evidence was gasatisfactory Burrendor to public opinion involved in the withdrawal of the measure? That of we do in Hongkong to develop that spirit! Chinese Affair.
En dismissed the ease and told the de RODERICK RANDOM.
fendant to mind his way in futura,
the Hon. Mr. Bird, who was nominated
(Continued at foot of next column.)
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