HONG KONG DAILY PRESS, WEDNESDAY, DECEMBER 5, 1934.
JUDICIAL REFLECTIONS
Wit From The Chief Justice At The Rotary Club
THE ORIGIN OF SOME FAMOUS JUDGMENTS
SUS
The Rotary Club had a record attendance yesterday when Hls Honour the Chief Justice Mr, ADA. MacGregor, K.C., ad- the best dressed them in what was generally acclaimed speech of the year on "Judicial, but not necessary · Judicious, Reflections."
The Chief Justice's address was interrupted with frequent bursts of laughter and the fund of anecdotes which he provided to the gathering went down very well. For the benefit of these who were not privileged to hear this most entertaining address. we give in full the address which His Honour delivered.
Honorary Member Of Rotary Club
OBITUARY
ENGLISH ASSN.
Mr. Vicente Atienza Some Impertinences
Of Precision
It is with much regret that we have to announce the death of Mr. Vicente Atienza, which occurred at the French
At the English Association meeting words used of the rules of logic Hospita
The late Mr. yesterday. and the accepted uses of the Eng- Atienza who was 83 years of age had yesterday held at the Helena May lish language both of them com-been suffering for some time from Institute, Mr. G. P. de Martin gave a bletely outside the ken of the lung trouble from which malady he most entertaining talk on Some succumbed A well known and
Impertinences of Precision." average legislator (Laughter).
rospected member of the Fillipino Sir William Hornell took the Chair Its possessor must in addition community, the late Mr. Atienza had and there were present an attendance sixty which included Sir of about have common sense and an in- been a resident of the Colony for over Thomas and Lady Southern, the Hon. stinct for the spirit of the com-thirty years, and much sympathy is.. E Lindsoll, The Hon. Mr. R. H. mon law, for, despite Jeremy Ben-Ations in his heavy bernarement.
extended to his son Dr. Vicente
Kotowall, Mr. Justice Jacks, Mr. M. K. Lo, Rev. Fr. Byrne, Sister Beatrice and Mr. W. L. Handyside.
tham's advice to budding' lawyers The funeral takes place today, the to shut their ports against the cortege passing the Monument at Common Law AS they would 5.15 p.10. oguinst the plague" it is that spirit which infuses the dry bones of precedent and gives them lie. Luck Speech
Its possessor must further have the gift of lucid and attractive speech, attractive, for without that quality no one will trouble to listen to or read what he has to say, and lucld, for without lucidity a Juda nient will not be understood with the accuracy which is necessary as law Above all the first duty of a judge is to be strictly impartial, "and by that I mean that he must not only hold the scales of Justice evenly, but, a far more difficult task
111 so exact
science a
Mr. de Martin said that meticulous precision had its proper place, such na in mathematics, statistics, and in the research laboratories. Precision how
Compradore Of Messrs ever in the use of words was not al-
Linstead & Davis
is
to
ones
10
any that
use.
went
ways conducive to good conversation and more often than not caused "amper". Precision in words was quite often out of place, and he gave many instances of sentences where better effect was obtained by using words which were not precisely the right
inconsistencies un and errors were really necessary to progress and said that discoveries often came about due to errors. He was not pleading for slovenliness, nor for a lack hand, but just that light touch in speech and writing which had prevented the English language from becoming a dull rule of thumb thing. He would not mind a little lack of precision where it did not matter.
In the course of the discussion followed in which Fr. Byrne, Lady which
Southorn, Mr. Handyside, Mr. Campbell and Sir William Hornell took part, all were unanimous that Mr. de Martin had provided the Association with ad intellectual treat, though they were not equally unanimous with the ques- tion of precision."
The death occurred at his residence. No. 10 Bonham Road, yesterday of Mr. Chung Kam Hung, compradore of Messrs. Linstond and Davis.
Mr. Chung very prominent member of the Chiness community and has been associated with Messrs. Linstead and Davis, as their com pradore for the past 32 years.
Ha recently had several strokes caused by a weak heart and succumbed to an unusually heavy attack yesterday.
"He is survived by six sons, the eldest of whom Mr. Henty Chaug, is of the happening, the process of removal that he must be free of all blast of Messrs. Linstead and Davis's is summary and simple,
compradore Department. To them the Were any such extreme mental and the unblassed mind is the weakening ever to become notice-arest of all endowments. Foll-utraost sympathy of a very wide circle able in a judge the law does pro-tical prejudice, religious prejudice. of friends is extended.
and the bias against sexual vice Mr. Chung was 57 years of age. The vide a remedy, but the procedure,
are three
forms of this fuperal will take place on Sunday by joint address of both Houses lie in the soul" from which many
commencing from his residence at 2 of Parlament, is 50 slow and com-
p. The remains will be interred at Judges have suffered. Lord Young
Pokfulam. 16 has plicated that in practice
was an eminent Senator of the been found better to overlook the Scottish Court of Session. Honour adorned the high position imbecility. (Laughter) and to at- might have been ranked as a truly SANITARY BOARD was announced that the next
tribute it kindly to a combination of overwork and advancing years. (Laughter): Ever in the Crown Colonies judges receive preferen- tlaf treatment, for, whether on the fiction that their duties in- volve no mental effort, or on the assumption that their errors can
"In introducing the Chief Justice, Mr. M. K, Lo. who presided, said that the Club felt very greatly honoured by the presence of so distinguished Q guest. As an humble member of the local legal Fraternity. Mr. Lo felt that it would be impertinent on his part to refer to the qualities, judicial and judicious, with which his
that
"I have never was his known either from actual exper- lence or from hearsay evidence." said Mr. Lo, "of any previous
Chief Justice, who has so com- pletely won the public's respect and affection within such a short time as has Mr. Justice MacGre-
gor" Mr. Lo proceeded to an nounce that the Chief Justice had very kindly accepted the invita tion of the Directors to become an Honorary Member of the Hong Kong Rotary Club.
easily be adjusted elsewhere. ther are allowed to remain in harness for seven years after those who in other offices have
borne the
burden and heat of the day are officially declared to be too senile
further effective service. (Laughter).
The announcement was greeted for with applause..
for the true
common
and
great judge but for his biting tongue and his hatred of Dissent. On one occasion, counsel before him opened his case thus "My Lord, my client is
ап honoured
and respected minister of the Free Church of Scotland." Lord Young
at once interposed "Go on. Mn 50 and So go on. Your client may be quite a respectable man in spite at
that" (Laughter).
The Other Extreme
Lord Westbury went to the other extreme. He hated a bishop, and, you remember, he disestablished hell, dismissed the Devil with costs, and took from the Church
of England her last hope of eternal damnation." A third instance, and one which will be well known, to some here to-day, was a judge in my days on the Bench in London in my days in practice there. A
Hours For New
Markets
At the fortnightly meeting of the Sanitary Board yesterday, it was decided that the hours for opening and closing of the new Bowrington, Arsent, Fa Yuen and Tong Mi Markets be as follow-
Meat Section...4 a.m. to # 1. Fruit Section..4 am to 11 p.ro.
meeting will be on January 8, when Mr. M. F. Key will address the Association.
All the other items on the agenda were of a formal nature, and those pre- sent at the meeting were: Mr. W. J. Carrie (President), IIon. Mr. R. M. Henderson (vice-president), Dr. G. W. Pope (Medical Officer of Health), Mr. M. K. LA, Mr. L. C. F. Bellamy, Dr. Li Shu Fan, Mr. C. J. Roe (secretary) and Mr. Im Ping-taeung (assistant secretary).
Around the Courts
DISORDERLY CONDUCT
•
攀
A
TRESPASSING AT K.-C.
RAILWAY
Remanded until to-day Chan Hon Chau who is charged with placing himself in a dangerous position on the permanent way. and interfering with the railway by removing a stone from the permanent way appeared before Mr. E. W. Hamilton yesterday.
Claiming to be a passenger at the Btation defendant denied all the charges..
A further charge of assault on a Maritimes Customs - examiner..
Yeung KI was being brought against the defendant was stated by Detective Sergeant Danbrowsky. for the prosecution,
Mr. C. 8. Archer of the Chinese Maritimes Customs informed the court that they wished to proceed
The Chief Justice
Un Olympian Heights The Chief Justice said: "Before A judge too, at least in England I begin my talk, may I say a
and Scotland, and Ireland sits on word of very grateful thanks to almost Olympian heights, He is the Directors and to you, Bir, for hardly as other men are. and is the very signal" honour that you spoken of and to with bated have been fit to bestow on me by breath. The infallibility of the inviting me to become an Honar- Pope is no greater than is the in-inember of a family famed for ary Member of the Rotary Club fallibility of the Court of Appeal. their researches in ecclesiastical
A Chinese woman was yesterday I appreciate that honour more except on those occasions when it and admiralty law and a most pro- | charged before Mr E W. Kamil- than I can tell you, more perhaps is over-ruled by the still more in- found lawyer, he had a hatred of top
at the Kowloon Magistracy than any of you can appreciate. fallible infallibility of the House dissent and a loathing of sexual with disorderly conduct on Novem- because it is within my knowledge of Lords. (Laughter). The duties vice which made him a profound-ber 29 at the Kowloon side of the that there are at present only of the office are of supreme im-ty bad judge in any case which in- Star Ferry. two members of society in Hongportance for the maintenance of volved either of those unfortunate Originally six men and she were Kong on whom that great disorder, the conduct of the business fallings.
charged, the first four with
of the Star tinction has been conferred. They of thousands, and
Ferry He also had a horror of bad breach are His Excellency the Governor. security of society. For its com language, which is my justification Ordinance and the seven with When the and my friend, Sir Thomas South-plete and proper performance it for recalling this story. He dis disorderly conduct. orn, both of whom have been here calls for qualities of heart and liked criminal work, but he bad to case was called the six men' failed
conferred so long and have
so head which are admittedly rare
do his share of it on circuit, and to appear and had their bails much distinction on the Colony but should not, in a society such on one occasion he had to try a ranging from $20 to $25 estreated. which they so worthily serve that as ours, be difficult of achieve-woman for the larceny of a pair
As the Police were not pressing the honour in their case is obment.
of boots. She was undefended and the case against her, Mr. Hamil- When I viously well-deserved.
I can imagine an able foreign so, as is customary, was allowed to ton discharged the defendant and think of my own case, I can find student of the British constitu-
choose a barrister to defend her advised her not to get herself no justification either in length tion, with that calm and relent from those present in court when mixed up with those people again. of service or in magnitude of pub- less sense of logic which we as
her case WAS called on Her
the dock, lic service, but I can only attri-a race so sadly lack, exclaim at choice fell fortunately on one who Smiling whilst in bute it, and I am sure it is a this point: "A wonderful ideal for afterwards made a great name for faced with the charges of wound- right explanation, to the kindness the worthtest of all objects, the himself, and who even then showing a girl named Lat Tit Sang and of heart of Rotarians throughout proper administration of justice. ed that fearlessness which was his a man named Ho Ho with intent the world. I do regard it as a and an ideal in no way impossible great characteristic throughout to do bodily harm, Cheung. Wai
For Buch very signal honour and it will be of attainment.
great e. He was about to leave the Chi a shop coolle was rebuked by my earnest endeavour throughout office doubtless the ablest young Court when chosen to defend her. the Magistrate, Mr. E. L. Wynne my time in this Colony to deserve men are selected and trained so
and though, by the unwritten law Jones, at the Central Magistracy It
that in course of time they may of the profession, he was bound to yesterday. The Natural Goal
sit on the Bench and worthily up- | undertake the defence, he was The bench is the natural goal hold the traditions of those who anxious to keep another appoint
them." That how-
ment, so, asking a friend to hold of the successful barrister. Great went before though the financial sacrifice may ever is not our way, and here we his brief for a few minutes, he left. be--and in the last few years it come to the two great paradoxes the Court.
to give of our civilization insofar at least has become so great as rise to the not unnatural, fear that as the administration of justice is the most suitable candidates many, concerned. The first is the legis- by purely financial considerations, lative. paradox-that laws he led, to 'decline
to made by Parliament, that is to the Bench,it is beyond dispute say, by bodies of men who are no- that the office of judge is the toriously incompetent. (Laughter) most honourable, the most secure, so that when statutes are passed and the most independent position in their final form experts have
STOLEN WATCHES that society can offer.
to spend their lives interpreting the jury. You have heard the to-day, two Americank, James case for the Crown, and it is now Padarenelli 19, and John C. Pitzer The Bench gives a man the them. (Laughter). Who then are right to speak in public without there experts? They are His Mamy duty to put before you the de-19 were before Mr. Hamilton at
Putting in their second appear- contradiction or interruption, lesty's judges who are credited with fence on which this woman relles. the Kowloon Magistracy yesterday (laughter) a right which the the possession of what is con- I cannot better discharge my duty charged with stawing away fromance before Mr. E. 1. Wynne-Jones clergy are accorded but once sveniently called the judicial tem- better than by telling you that as San Pedro to Hong Kong on board yesterday three lift boys employed week (laughter) and then only for perament, refreshingly easy soon as she was taken before the the steamer Ahoma. They pleaded at the Chung Tin Building were a few minutes, a right, which is term of Cescription to use but a magistrates she made a statement, guilty.N
profoundly difficult characteristic "knowing that she had nothing to
translation
granted to no one else in our so ciety, The Bench provides a com- pulsory and necessarily sympathe-
:2
are
Detective Inspector J. Murphy naked for a week's formal rematid.
Summoned for allowing his dog. a brown chow, abroad without a muzzle and unleashed and with "How The Hell?" He returned just as the case for keeping the dog without a licence, the Crown was coming to an end. the Rev. Father Granelli of 993 From his friend he gathered a few Waterloo Road was fined $1a on details, including the fact that the first charge by Mr. Hamilton when before the magistrates his at the Kowloon Magistraor "yes- client had made a statement. terday. Presently he rose and thus ad- dressed the Court. "Gentlemen of
Remanded in Police custody until
Bergt Williamson who prosecut
to define and explain conceal and taking the first op-ed stated that they proposed to Obviously Its possessor must portunity she had of showing her send the defendants back to tic audience for the worst of jokes have certain qualities. He must innocence Gentlemen, I will read America. (laughter) and, further, prefer- have the power of interpreting the that statement to you." He hastily ment to this high once means written word, be it statute or turned the pages of the depositions that when in the fulness of time judgment, the dimcult task of till he came to the statement, and what she says How the hell could a judge retires he may spend a deciding what the legislature glanced at it, paused swallowed steal the boots when he had his dignified leisure on an adequate meant by any given collocation of hard, paused a moment, and then bloody feet in them," Laughter pension, its security is unparal-words, gathering that intention continued, Gentleman, my client and gentleman, in all sincerity leled Lord Westbury, in a debate not, as some would imagine, from is a poor uneducated woman. She ask you, how the hell could she? In the House of Lords once crew a study of the historical genesis has not had the advantages you Laughter).
Judicial Temperament Sy attention to the fact that "the of a messure or of the debates and I have had: She cannot ex
The Judicial temperament is Law in te indinite wisdom has which eniminated in, its passing press herself as any of us would provided for the not improbable into law, not by a consideration of do, but in her own simple language essentially Innate for certainly it event of the Imbecility of the evil which manifestly the stashe Elves what I am sure you will cannot be acquired.
and perfect of advocacy in whic bishop (laughter) and on the tute was designed to remedy agree comp occurrence of such a deplorable but by a subtle application to the answer to this charge. Here is
with the charge of assault as the with a head injury.
examiner had been in hospital
The prosecution alleged that at about 8:15 on Monday morning de- fendant was seen by the examiner to carry a parcel and when chal- lenged dropped the parcel and. bolted. From the line he picked up a stone and threw it at the examiner thereby injuring him. As a result, the stone charge form- ed the subject of the third indict- ment. 2
+
Mr. Hamilton remarked that the third indictment was frivolous and advised strongly that it be dropped and substituted by the assault charge. The defendant was allowed ball of $250.
each sentenced to two months" hard labour for stealing 144 watches and the unlawful posses sion of 43 others
Mr. Hin Shing Lo. for, the de- fendants admitted the theft but pointed out to His Worship the help given by his clients in recovering the stolen watches
of the watchts stolen only 112 were retrieved valued at $462, but 30 were still missing. Of the total recovered. 64 had been retrieved defendants were first since the charged.
circumstances his
senten
the Das Instead of three month hard labour.
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