SUPREMACY OF LAW
means no
(Continued from Page 3.)
more than fair and equitable from the point of view of the persons affected by it. Strange indeed must this appear to be to those familiar with for- elga systems of jurisprudence, where a Court is bound to give effect to the declared object of a decree or Act whether in fact that Statute verbally avowed object or not: where the minister in declared charge of and introducing a mea- sare is conclusive as to its true meaning and Intent.
Aim of A
HONG KONG DAILY PRESS, WEDNESDAY, JANUARY 13, 1937.
BOARDING HOUSE NEW YEAR DAY
THEFT
AT CEMETERY
Chinese Caught In The Act
In English law the civil servant la, na his title denotes, no more nor less than the servant of the public. In his official capacity he may be called upon to exercise
The opening up of a grave re- statutory powers requiring the greatest tact and discretion and. sulted in Hung Sul, 33, unemployed, of his of no fixed abode, being brought gravely affecting many fellow men. He must in the exer- before Mr. J. A. Fraser at the Cen- achieves itcise of these powers liken him-tral Magistracy yesterday.
self so far as may be to a judge, subject as he is in so doing to Judicial supervision and scrutiny, but in all other ways he is in the eyes of the law no different from a member of the public whom he
IMPERIAL POLICY
ม
ALL MEN ARE EQUAL The third and last of the basic principles is perhaps the most im- Dortant of the three. It is that all men are equal before the law. English law knows no distinction of persons save in the case of the
serves.
Even in so tolerant and kindly
an audience as this I can imagine many who are wondering what all this has to do with us in Hong
from the British Isles. It is a natural and pertinent question but bellevo me the answer is simple
141
DISPUTE
MRS. M. ROWE FILES CLAIM
"Lady In The Box
INCIDENT
Chinese Driver In Court
CHARGE NOT PROVED
A Chinese driver, Wong Yur of 1. Electric Street, ground floor, was auramoned yesterday before Mr. J. A. Fraser at the Central Magistracy, for driving his without due care and caution.
The complainant was Mr. G. J. Grover, who stated that at 8 am, on New Year's Day, he attemp-
car
Hearing of the claim, brought by Mrs. Madeline Rowe, proprietress of the Marole Hal, Granville Road. Inspector Hourihan, who pro tor #245 against Mr. Percy S. secuted, said that defendant, who Gleed, traveling auditor of the was wrenching the lid of a 108s- British American Tobacco Com burnier was seen by a coolle Ah pany, was continued before Mr. Wal, of the Ho Tung Cemetery at Justice J. J. Hayden at the Sum- Pokfulam. The coolle shouted and mary Court yesterday when the defendant ran away but was sub-case for the defence was put for-ted to cross Pedder Street, be- sequently caught
ward.
tween the Canadian Pacific Com- The cemetery is near the junc- Mr. G. S. Hugh Jones appeared pany's office and the General Post tion of Mount Davis and Pokfulam for the plaint.fr while Mr. D. LOffice, and narrowly missed being
A private burial | Strežets was for the defendant. Roads, and 13
run over by defendant's car The claim was for damages for ground, belonging to Sir Robert Ho
He added that the car was going
x100 yards and is very elaborate, contract made by the defendant at the time,
with the plaintiff whereby the and without an enclosure.
plaintiff was to provide the defen-
Sovereign himself, for the King Kong so many thousands of miles Ting. Its area covers about 500 Į breach by the defendant of a at the rate of 30 miles an hour
is the fountain of justice and supreme head of the judiciary, and the King can do no wrong. The practical meaning of
this
and encouraging, and justifies my
Liu Yuk Shum, a widow, and a
In the witness stand, Wong said; that he had driven a fare from Lockhart Road to the Star Ferry,
Road and turned into Pedder Street.
phrase, at least since the days of spending so much of my time on complainant, and the lid was said board and lodging at Marble Hall and had gone on down Connaught
the Stuarts, is twofold."
Firstly it means that the King personally cannot be made an- swerable to the process of any civil couri, any more than can as Ambassador or member of his staff under the legal theory of diploma tle immunity, nor of course can the King be tried for any criminal offence In any English Court, firstly because he cannot have trial by his peers, and secondly be- cause the King obviously cannot commit an offence against himself, and every criminal indictment recites that it is presented by the Attorney General "on behalf of Our Lord the King."
GOVERNMENT IMMUNITY
A more important meaning of the phrase is that no civil action in tort, that is to say no civti pro- ceedings for an actionable wrong such as assault, libel, or false im- prisonment, will He against any
what occurs in England, English law and the British conception of the supremacy of law are not per- quisites of Great Britain, but havê been introduced into and are in vigorous te and force in every Dominion, Colony, Protectorate and Mandated Territory within the Commonwealth of Nations. There is however this great and most in- teresting' difference. The declared Imperial policy of Great Britain,
j
caretake of the cemetery, was the dant's wife and two children with
at the price of 8350 per month, or to be worth $4.
$400 a month in case the defen- dant should also stay there. The claimed one month's plaintif charges in lieu of notice less board and lodging not supplied to de- fendant's wife and children, $105.
His Worship: Have you anything to say?—I have nothing to say.
Defendant was then sentenced to two weeks' imprisonment with hard labour.
DONATIONS
at least since the days of Joseph St. John Ambulance
Chamberlain," has been that Bri-
tain holds a dependency in trust for the aboriginal inhabitants. Not only is there complete re- ligious zoleration, but in every case where circumstances warrant it
the Instruments
of Government
Provide for recognition by the Courts of Justice of local iw and custom so far as it is not re-
In pugnant to natural justice. every Dependency the law occupies the same high proud position as
Brigade
The Director of Ambulance ac-
knowledges with sincere and grate ful thanks the following donations: Hong Kong Singers (Proceeds
of King Clar Concert) $500 Dr. Ip Kam Wa
25
St. John Cathedral Xmas Tree
Fund.....
SIMPLE DEFENCE
Mr. Strelett said that the point for the defence was a very simple one. It was alleged by the plain
Thinking he could be past. Des; Voeux Road before the red light came on, he drove a little faster but when the 'ember light showed he slowed down to about 12 miles an' hour.
Warning Ignored
He mw the complainant' stap off the side-walk with his head
tiff that on the afternoon of | bent and sounded`nts bom. Com-
STYLE AND QUALITY
If you are searching for style an quality in modern furniture need look no further.
then you
October 18 the defendant and his plainant did not pay nay attention LANE, CRAWFORD'S
wife definitely engaged themselves to the horn and kept on walk-
to hire two certain rooms in the plaintiff's premises at Marble Hall The defence was this: that on that afternoon no definite conclu- hiring of the rooms, in other son had been come to as to the
words that although the sur- rounding terms were agreeable to the defendants they would not en- tertain going into the rooms until | the plaintiff, had cleared the 20 ground of a very delicate situation.
department of state, but there is it does in, the motherland. It is Childrens Clothing Xmas Tree Mr. Gleed would say that he had
nothing to prevent the person aggrieved from bringing his action not against the Government de- partment but against the indivi- dual actually responsible. If, for instance, you are ran over by a Port Office van hurrying to de- liver maks it is no good your taking action against His Majesty's Postmaster General, but no one can prevent your taking proceed- Ings against the driver of the van. Recently a strong and re- Presentative committee recom- mended that this Government Immunity be abolished and I have no doubt that ere long the Gov ernment, in respect of torts com- mitted by its servants, will be in the same position in the eyes of the law as any other employer of labour.
RIGHT OF PEER
One further small exception to this general rule is worthy of
supreme throughout the Empire as It is, and for the same that it is, in Britain.
reason
Fund.
Childrens Clothing, Mrs. P. K.
Kwok, and Mrs. Smith,
TRAVEL ASSOCIATION The Hong Kong Travel Associa- tion acknowledges with thanks the receipt of the following subscrip- tion:
LOCAL LEGAL SYSTEM English Colonial Judges are call- ed upon to administer, side by side with English law, and subject to the necessary safeguard which I have mentioned, many foreign Hong Kong & Shanghai Bank- codes
and
ing Corporation ...............$1,000
WEDDING
ing across the street. He jammed on his brakes and complainant then stepped back onto the side- walk. He was about three yarda. away when this happened.
Complainant
then demanded to see his licence, and searched him and also slapped him.
Mr. Grover: Do you speak English?-Nơi
Then how did you know that I asked you for your licence?-Be- cause 1: know the word licence" in English and I heard you mention
Why did you refuse to take mé to the police station in the car? You tried to get into the ca: and I objected.
You also refused to go on foots. you did not ask me.
P. C. B. 375 stated that he did not see the accident as he was on the steps of the Post Office at the time.
:' ט..
Wong Man-kwong.. a student riding in the car with defendant on January 1, gave corroborative ovidence, after which defendant vas discharged.
heard something though he did not know of the question regard- | It.. ing Mrs. Young taking the rooms. Both Mr. and Mrs. Gleèd would tell the Court that until they were satisfied that Mrs. Young could get other accommodation, Mr. and Mrs. Rowe must not consider that they (Mr. and Mra Gleed) had taken the roums. Mri and Mrs. 'Quebec systems. In
Gleed were not going to take the for instance, as also in Mauritius
rcoms with the prospect of a and St. Lucia the French Code
friend holding it over them that Napoleon is an integral part, of
they had practically thrown her the local legal system. In South
out of her room. Mr. and Mrs. Africa, excluding Natal, in Ceylon, and in British Guiana Roman. The forthcoming wedding is an- G.eod had insisted that it was Mr. Dutch law is in force, in Cyprus nounced between Francisco Botel- Rowe's business to see about Mrs. the Ottoman Codes of Turkey are ho, journalist, 310, Nathan Road, Young and to satisfy Mr. and Mrs. applied, and in Trinidad, at least and Viola May Wood, 324, Leigh-Gleed that they would have alter- a few years ago when I was there, ton Hill Road, there were still traces of the land laws of Spain to which the courts gave effects. Throughout Africa the courts are enjoined to take notice of native law and custom. and in this Colony the Supreme riage, wlis, and the administra Lion of property, is guided in ap- propriate cases by the Chinese law and custom applicable. In India, occupied with the application to the cases which come before them of a multiplicity of Indian legal systems and customs, and in all these different countries with all their varying circumstances the
dad, and F. The room is a
native accommodation for Mrs Young that would be all right
Mr. Strellet said he would like to make it quite clear, that Mr.
PROPERTY SALE
appeared to them that Mrs. Young and Mrs. Gleed fould say that it Two Lots Withdrawn
mention. It is the right of a peer Court, in matters affecting max-hang. and in the centre sits the rooms and would be the tenant on properties, comprising three lots, ·
to be tried by his peers on a charge of felony, which means that he is
entitled to be tried by the House
of Lords. Fortunately this cum- bersome and costly procedure has
beautiful and restful one, sur rounded with books, save where four paintings of famous judges Court, three, four, or five old gen- tlemen in morning clothes, with out wigs or gowns. Before them sits the Bar, and Counsel addresses centre. On either side, in seats extending even behind the Bench, sit interested members of the pur- Hic and at the back of the room, in splendid isolation, sit the Re-
very seldom to be invoked, the / fhally, the British courts are pre- them from a little restrum in the
century
only cases in the last having been those of Earl Cardigan who was tried on a charge of attempted murder in a duel in 1841, Lord Russell who pleaded guilty to a charge of bigamy In 1901 and the very recent case. which many of you doubtless re member, of Lord De Cufford who
was acquitted on а charge of manslaughter in a motor var collision just a year ago. Some of you may have noticed that very shortly after that trial a Bul was Introduced by Lord Sankey to re- move this privilege and to make a peer in such unfortunate circums- tances subject to the ordinary procedure of the courta
Rule of Law is still triumphant. The reason for that is not far to
gistrar.
GREAT ISSUES DECIDED It is there, in an atmosphere
of her husband had taken the In her own mind and in the mind
October 23. Both Mr. and Mrs. Gleed wanted the situation cleared up without any unpleasantness.
TELEPHONE CONVERSATION said that both his wife and him- Giving evidence, the defendant self knew Mr. and Mrs. Young
versation very wel, Referring to the con-
on the afternoon . of October 19, witness said that M. Rowe stated that he did not think that Mrs. Vorng would accept back foom. Witness asked Mr
a
Rowe about room Nos. 3 and 4 and he replied that he had pro- mised No. 4 to Mrs. Young.
A public auction of leasehold
was held at Messrs. Lammert Bro- thers' sales roolis yesterday, after-
ridon.
The first lot, consisting of Nos, 5 and 6 Yuk Ming Street" was purchased by Fung Sam, of 23, Ko Shing Street, for $13,500.
The remaining lots, Nos. 12 and 13 Tai Pak Terrace and Nos. 11 and 13 Hee Wong Terrace, were withdrawn from the sale. The starting priers for each lot wELS 19,500 but there were no bids. - Mr. L. E Lammert, seh, was the
auctioneer,,
THE DORADO
There were
no
keek. It lies in the heart of the Empire, where alts the Judicial singularly free from all pomp and Committee of the Privy Council. panoply, as the outcome of argu- ment carried on in strangely PRIVY COUNCIL
friendly and conversational tonës, Witness knew that Mr. and Mrs. Come with me to Downing
that the great issues of Impire are Young had intended to stay, at street, that little street off White decided. Only one judgment is Marble Hall Witness added that hall where stand No. 10 and No. 11 delivered, and that, if I may be he told Mr. Rowe plainly that he
The RMA Dorado arrived at the official residences of the Prime Irisa for a moment, is not a (witness) would not like Mrs. Kal Tak at 11.40 am, yesterday Minister of England and the Chan- judgment but merely an opinion Gleed to be involved in Mr. Rowe's from Penang. cellor of the Exchequer, with the Advising His Majesty, whe sub negotiations and It was absolutely passengers or freight but she car great facade of the Colonial Office equently makes an Order in up to Mr. Rowe to satisfy Mrs. ried 237.399 kilos of mall matter. and the Foreign Office quadrangle Council giving effect to the advice Young regarding accommodation. NOTHING ANALAGOUS
on the other side of the narrow given him. In an unassuming but w.tress dealtely insisted that dr. With those few and relatively street. We walk to the first build businesslike way they dispose of Rowe should approach Mrs. Young described by witness, as being not trivial exceptions it is true to saying on the right from Whitehall, problems of every kind from the and offer her equally satisfactory a happy one. A great deal hap of Britain that in the eyes of the push open the swing doors and powers of a Dominion Government accommodation. law all men are equal. Peers of climb the graceful circular sweep
to the rights of an idol. It riot the realm, statesmen, great judges, of
stairs. Here,
amazing in Colonial Governors, bishops and quietude, between busy Whitehall
altogether surprising to one who men of every rank in the com- and the Horse Guards Parade it has been privileged to see them at work that an Indian tribe à few munity have, when occasion de- the divisions of the Privy Council, years ago canonised a new idol manded it, been made"subject, to usually two and occasionally three.
which, they call Privy. Cothell the law of the land, and even Their task is to deal with appeals Princes of the blood royal have from all parts of the Empire. As sit with varying personnel but, un
Day in and day out the Courts obeyed the behests of Courts of I write I have before me their varying regard for the supremacy Law and have appeared to give record of business for 15th, 16th of Law, supervising the Judicial evidence and been cross-examined 19th, and 20th October, which work of the whole of the Empire, like any humble witness. No as shows that they are called uporį"to pect of the supremacy of the law hear and determine appeals from long as the British Constitution la England is more surprising to Lahore, Fatna, Allahabad, Oudh exists, the rule of law is safe in the students of foreign constitu- and Bengal in India, and from its bands, so long as the Judicial tions and systems of Government. New Zealand, New South Wales, umblest citizen of the remotest Committee continues its work the "There is nothing in England West Africa, and Ceylon.
corner of the Empire may rest as analogous to the French system of
HEARD APPEALS
sured that he is as safe under the "dreit administratif, whereby all! civil servants are dealt with noti During my recent leave of ab Rule of Law as he would be were by the courts of the land, not by sence I had the honour of spend, he a Freeman of London, (Ap- a judge with a jury of their Ing six days, in the Brat division plause).
D SPEAKER THANKED fellow countrymen, but by special of the Court, during which tume administrative tribunals which are I heard the Bench on appeals from A hearty vote of thanks was empowered, to inflict correctional Australia, two Canadian provinces, proposed by Mr. P. 8. Cassidy and
India, Ceylon, East Africa Trini- met with acclamation. punishment.
pened, she said. Witness stated Witness expected to hear some-
that she had beard that her room thing very soon afterwards and had been let to somebody else and the next day about 7 p. Mr was told by Mrs. Howe that that Rowe telephoned witness and said. It was not her room and they did that he hoped this won't make not promiss her anything Wit any difference to your comingness was very annoyed because she he had just heard from Mrs gested that witness, take another Witness then told Mr. Rowe that had booked the room. They sug-
Young that he (Mr. Rows) had room, across the hall, but it was not only failed to satisfy her but too small and she was shown had been rude to her, and that as another room which witness sn.d she would not mind taking. She far as he (witness) was concerned there was nothing more to be said. was asked, $12 a day but witness was willing to pay only a day.
accommodation at all. In her It ended up by witness getting no
opinion, said witness,, Mr. and Mrs. Rowe made no genuine effort to satisfy her The next evening Mr. Rowe telephoned and said that are cord have room No. 4 and witness moved Into Marble Half on October 28,
MBS. YOUNG'S STORY that over the telephone Mra Ceed Mrs. Young, in evidence, said
told her (witness) that she was moving into Marble Hall sa the rooms had been promised to her (Mrs. Gleed) Witness remarked that Mr. and Mrs. Rowe cou'd not do that as they had promised her front rooms there. Mzz. Gleed was very upset Witness went to see the Rowes. The interview / wat
"AU" this stage" "the" hearing was. adjourned.
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