.140
TELEGRAMS,
HONGKONG TELEGRAPH"
SERVICE.
CUSTOMS COMMISSIONERS,
PROTEST BY BRITISH AND AMERICAN MINISTERS.
FRANCE AND GERMANY INDIFFERENT,
7
[From Our Own Correspondent.]
THE HONGKONG TELEGRAPH SATURDAY MAY 19,
companies composed of students.
The corps will comprise artillery, cavalry and infantry.
SAN FRANCISCO EARTHQUAKE.
GREAT DISTRESS PREVAILING.
150,000 PEOPLE IN RECEIPT OF RELIES [From Our Own Correspondent]
Shanghai, 16th May,
2.20 pm: The relief works at San Francisco The British and American Minisare being carried out with the utmost ters at Peking have, presented a vi
rapidity. gorous protest against the appoint- ment of Chinese officials to be High Commissioners of the Imperial appearance.
Shanghai, 14th May, 3.20 p.m.
Maritime Customs.
י
Much distress prevails, and the city still presents a most dismantled
About 150,000 people are in re-
It is contendod that such appointeeipt of relief. monts will deprive Sir Robert
THE ALLEGed purjurERS.
APPEAL DISMISSED.
BAIL EXTENDED.
* 16th inst.
In Appellate Jurisdiction this morning, this Full Bench sitting, their Honours the Chief Justice and the Paine Judge, delivered the following judgment on the appeal of the alleg ed perjurers against the discharge of the appli cation for writ of habeas corpus
Hart of the powers which were ANTI-FOREIGN OUTBREAK.in special view the statements of these eight
conferred on him, and which have condue to the stability of the
Customs service.
The French and German Ministers profess to be indifferent one way or the other.
BRITISH PROTEST.
INSURRECTION AT CHIEN TEHSIEN
SPREADING.
[From Our Own Currespondent.]
AGAINST CAMPHOR MONOPOLY INsien, in the province of Anhui, is
"spreading,
FUKIEN.
[From Our Own Correspondent.]
Shanghai, 14th May, 3.20 p.m. The British Minister has sab. mitted, a protest, to the Waiyupu against the granting of a camphor monopoly in Fukiem,
* AKASHI MARE" ASIORE.
ARRIVED AT FOOCHOW,
CARGO BONG DISCHARGED TO ASCERTAIN
- DAMAGE.
From Our On Correspondent.
An anti-foreign feeling prevails, and to this, cause the outbreak is attributed.
is
[With selerence to the insurrection in Chien- tefisien, reported last week. there ugly rumour going about in Shanghai mandarin circles that the aims of the insurgents are anti foreign and that they have been encouraged by province, En Min, is a reactionary and bitterly anti-foreign in has views. This official, wh | | will be remembered was a few months ago Provincial Treasurer at Nanking, was a proted if that arch-Boxer murderer, Yu Hen, of infamous notiety. It will also be remembered that this treacherous and blondthirsty Boxer Governur set the exam- ple to his subordinates at that time by snatch. ing the sword of a body guardsman and per sonallyhacking at the unfortunate missionaries. In this sangundly affair many of Yu Hsien's protégés, eager to gain his approbation, enthusiastically joined the professional execu. Linners, Apparently the insurgents of Chien fromtésico are aware of the predilections of their new Guvernar, and are perhaps right, in think. ing he will allow them as much Mitude as be can well dare. A sharp remonstrance fom the foreign Consuls could seems necessary.— EA, K. 7]
ir kanwledge that the Governor of their
Foochów, 15th May, 3.5 p.m. The steamship Akashi Máru, Shanghai, struck a rock near Matsu.
She managed to get off, and arrive at Fouchow today.
The cargo is now being discharge.! with the object of ascertaining what damage has been sustained by the impact.
NGANKING.
--ན་-པ་-པ་---
FRENCH CRUISER- ARRIVES.
From Our Oum Correspondent.]
an
the
v Evans (16 A. and E. at page 171) and much stress was laid upon one sentence in the judge ment. The case must be added to the series of cases dealt with in my former judgment in which purishments have been meted out and afterwards quashed because a proper op portunity had not been given to the alleged delinquent of refusing a charge. The case ob- refers to a refutation of the facts on which the charge is based. It is, I think, curious that no care seems to have occurred, or at least was referred to in which a refutation of the in
it
Man
appear to the Court until the facts had been established, and this they cannot be until the party charged has been heard, There is no analogy between the use of these words in this section and their use in the statute discussed in Capely Child, unless the pint he raised that the words held to be perjury have not been spoken that is that the Judge's notes are wrong. If this were so, there would be another remedy al together. All this is quite different from the suggestion that the witness should be allowed to prove that the facts are true. With regard to the question of habeas corpus I have only this to add to what I have already said: was admitted that on the return to the writ the Court will inquire not only into the form of the
a
ruitment, a principle which shows of itself the reason why a habeas corpur will not issue to. superior Court. The question of the signa ture to the warrant was again argued. I have only this lo add that the form adopted by the Court in these cases is identical with the form given in the schedule to the Bankruptcy Or dinance for a warrant of committal of the debl or; and that the warrants issued under the Code of Civil Procedure for the arrest of ab- scording debtors are all signed or witnessed by the Registrar. I believed this to be a right and convenient practice, the dictom of Hawk- ings to the contrary notwithstanding.
1906.
I
THE NATIONAL BANK CASE,
16th inst.
In Original Jurisdiction this morning before the Full Beach, consisting of their Honours Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, Puisne Judge, the case of the National Bank versis Lemaire and Company with re spect to the recovery of $10,0ça due on a bill of exchange, was called on for hearing.
Mr. Sharp called Mr. W. H. Gaskell, who stated that he was an accountant, practising in the Colony, and had been so practising for some 6 or 7 years, and previous to that was with the Hongkong and Shanghai Bank in Hongkong for seven years. At the request of Mr. Looker he had examined the books of the Bank, and in the Bill Book he found, among other notes, that of the one the subject matter of this suit. That book was kept to record_all the securities belonging to or hypothecated to the Bank.
Considerable argument here ensued between his Honour the Chief Justice and Mr. Sharp, as to the actual ownership of the note, His evidence it would appear that the note was Honour contending that from Mr. Playfair's only held by the Rank for col ection and not for itself. Mr. Sharp said that Mr. Playfair was, as be admitted, not quite clear as to that part of the working of the Bank's al faits. But there was beavy debt against Lemaire and the
was given with the condition that if collected it "could ba passed to payment of the debt.
note
His Honour said he held quite clearly that the Bank thought the note belonged to them, and Mr. Playfair thought he could do what he liked with it on behalf of the Bank.
Mr. Sharp said the books which had been
produced showed that the note was entered tip in such a way that it pointed to the fact that. the Bank beld that note on its own account.
THE INSPECTORATE-GENERAL
OF CHINESE, CUSTOMS.
The N. C. D. News, of 18th inst., writes editorially as follows:-The Imperial Edict appointing special High Commissioners for the Maritime Customs has come as a surprise in us present form, although for a long time past it has been an open secret that the Chinese Government had a step of the kind in contem- plation. When the news was published in the Settlement yesterday it caused a futter of excitement in the minds of those who saw in he Edict but another expression of the pre- sumed determination of the Chinese to rid themselves of foreign control: notably our friends in the Customs service began to speculate upon the possible amenities of direct Chinese supervision and of the depen. dence of their employment and promotion upon the good will of a Chinese superior. Those who are inclined to tesent the assump. tion of absolute independence by the Chinese afficials in matters, in which foreigners or foreign interests are' concerned regarded th Edici as one of the many questionable results nt our recent guarantee of the integrity and independence of the Empire and the renewed confidence inspired, thereby in the official mind: while those who sympathise with the endeavours of the Chinese to reform their administration, and so would encourage them to be rulers in their own house, were startled nevertheless by the apparent suddenness of the decision and the absence of all reference in the Edict to the Inspector-General himself and to the hitherto unimpeachable manage. ment of Customs affairs.under foreign leader- ship.
powerto deal with it at once in a summary way without all the formalities required in a proso cution. So far as my experience goes, the course has usually been that when a witness in the opinion of the judge is perjuring himself is to make him repeat his statements so as to make sure he understands what he is saying and at the tone interpreters ask call him up and through the ask him if he has anything to say why he should not he sent prison of fined. It has never, however, been
Mr. H. Sharp, K. C., instructed by Mr. H. understood that it was meant that he was to W. Looker, of Messrs. Deacon, Looker and terpretation of the law was contemplated. But it be allowed to re-open the case and call fresh Deacon appeated for the National Bank, and The Chief Justice: From the arguments is obvious that the principle of these cases must witnesses and, in fact, have a re-heuring which Mr. M. W. Slade, instructed by Mr. F, Paget amight, (as in the case under appeal) amount to Hett, of Messrs. Brutton and Hett, appeared addressed to the full tour it appears to me that be extended to answering the charge en
a contradiction of the verdict of the jury. for Messrs. Lemaire and Co. that the alleged offence does point of 'law, one part of my jud,ment in the Court below
hot fall within the statute under which the may here mention that this point was denit is open to misconstruction, as it seems to have
Baron Parke with by the Full Court of this Colony in led to the impression that I was deuying a prin jurisdiction has been exercised.
April, 1897, (Sunder Singh's case). The Judge ciple which I certainly do not deny, but on the stated the law thus: "No proposition can be
more clearly established than that a there had committed men far perjury without contrary admit to be fundamental to the ad
cannot suffer loss of liberty or property for an
formally calling upon the men to make any ministration of Justice, even by its most sum
statement. On the appeal the Full Court held mary methods. I think, therefore, it may be offence by a judicial proceeding until he has
that they were not entitled to what 1 have des. added to with advantage in one particular. No had a fair opportunity of answering the charge one would of course imagine that if a solitary against him, unless indeed the legislature ascribed as practically a new trial, and the appeal was dismissed, and that is the view taken by witness in + case had committed perjury the expressly or impliedly given an authority to presiding judge would he right in summoning net without that necessary preliminary,"
the learned Chief Justice in the present case Hthe contention of the appellants, to which ! him before him, telling him simply that he had have already intimated my opinion that the Committed perjury, and without more commit. legislature in this case, by investing the Court shall refer next, is correct I cannot see the ting him to prison. Obviously he should be told with summary powers of punishment, has object of the second course provided by the what statement it was that the Judge consider impliedly given an authority to at without the ordinance, as it would certainly not be sum
mary. The Counsel for the appellants of ed to be false. In my former judgment I had. necessary preliminary of giving the w tness an
The contention of the oppertunity of answering the charge against course contend that Sunder Singh's case was witnesses, and it was with regard to those state-him by calling witnesses. Hoth the deter wrongly decided. ments that I expressed the opinion, together.mination of the question of law and the ques Counsel for the appellants on this point is basel to a large extent on the words "as for with reasons for that opinion, that what I said tion of fact are included in the discretion given
of Court," in the ordinance, a contempl to them at the trial was sufficient. I believed to the Judge; for the fact is patent, it is on the the whole story the alleged partnership judge's notes: and the interpretation of the law and they contend that the Court may either direct a prosection or may deal with the casc of Wong Ka-cheung in the Lai Hting bank to rests also with the Judge. Stress was laid on
as a contempt; that is that the witness may the use of the words "if it appears to the have been concocted, and that these eight men
and was said that it cannot have a right to call fresh evidence to prove his Shanghai, 16th May, contributed to the concoction in their several Court,"
ways, speaking to certain facts which were as
truthfulness, which would, in my opinion, 2.20 p.m.
inean a re-ficaring and which might mean a I thought, and still think, false, and denying The insurrection which was report. others which were as I thought and still
conflict with the decision already given One argument which was put forward in support of this con- ed to have broken out at Chientoh-think true. The evidence of these men was in
whether by a judge of jury. my opinion a issue of falsehood from begin ning to end; and I think that what would
tention was that in probably nine cases out of ubviously be the proper course in the case of
ten the witness would not avail himself of this an isolated witness speaking to an isolated
alleged right but that in the tenth (that is this case) he might. I think it well to discuss though material fuct was actually adopted in
such an argument as if it is right for one it is
The argument continued and their Honours this case, though it had necessarily been adapted to the circumstances of this case. For the
right for another, and it seems to infer that some agreed that the Bank thought the nete belong- witnesses might not be able to get justice ined to them to do as they liked with, after which reasons already given I think that the only and
consequence of poverty. in support of their Mr. Gaskell proceeded to describe his examin. the proper way of sentencing these men was to say what did say, which was interpreted to
contention a number of cases were cited, but I ation of the book and explained the entries at may mention that the power conferred by the
some length. them, and that the only meaning which could
Ordinance is an exceptional one and one which
The case was adjourned. be given to those words was this: "I djs.
daes not exist in England (if I read the believe every material fact bearing on existence of the partnership which you have warrant, but also into the legality of the com Ordinance rightly) and therefore the cases relied on are, in my opinion, based on a different coms here to establish to which you have
state of the law. Here the judge makes up his sworn?: and I have very little denbt that that
mindon evidence already given that a witness is meaning conveyed itself quite clearly to their minds. If this involves (which I do not think
guilty of perjury and acts accordingly, and it seems to me to be n curious thing if, having in any way) a modification of my former juig
made up his mind on evidence already before ment, let it be sp. But while admit that a
him, he is then to proceed to take fresh evidence inan has a clear right to be told in what his
for the purpose of reversing his own decision. offence consists 1 caonot admit for a moment
An appent might lie on the ground that there that the reason for telling the witness in what
was no evidence to justify a committal or that his perjury consists is the one for which the learned counsel has and that the necessary
evidence iad been improperly excluded, but consequence is that he may call witnesses
that appeal would be heard before the Full Court. In the cases under the Ordinance the and that there could be a regular hearing
witnesses have had their say and have therefore and inquiry into the question whether he
been heard. To refer very shortly to the cases boaring The Paisne Judge said: At the Trial of an had commited perjury. If such
issue before the Chief Justice and a jury, as t quo'ed on behalf of the appellants the following and inquiry is in the opinion of the judge neces
Cases appear to have been decided on the sarv re can proceed under the alternative whether one Wong Ka Cheung was a partner course indicated under the section and direct am not in the Lai Hing Bank, the chief Justice grau. ds that there had been no evidence before prosecution for perjury to be instituted. As to came to the opinion that the seven appellants The judge or other authority on which a con- this have nothing to add, to what I have and one other Wong Tsz deliberately perjured clusion could be came to (see, Capel v. Child, 2 Cram and Jervis, 573) Bean's case, 6 Term already said With regard to the question themselves, and, acting as he conceived he was which the Full Count suggested in Sunder entitled to act under the provision of Ordinance Rep. 148, Gaskins case, 8 Term Rep. 203, Smith Singh's case should be put to the prisoner 3 of 1873, section 31, be summar ly sentenced v. Reg. 3 App. C. 624, ex parte Kinning, 16 L.J., whether he has anything to say why he should them to three months' imprisonment withouQ.B., 257 and the case of Capel v. Child referred. in above. Pollard's case, z pc., 106., owing to not be sentenced, it is obvious that the Court hard labour. Wong Tsz has disappeared and
the circumstances, connected with it, is not did not mean that it should be put as it is put evaded the execution of such order, and I in capital cases in order that the prisoner may jugine his reappearance will depend on the an authority in this case, except on the general move in arrest of judgment. It seems to have result of these proceedings whether here or principle, Bonaker V. Evans, 16 Add. Ell N.S. 171 was also referred to, but if I am right heen a suggestion that in these cases the Judge elsewhere. That con mittal took place on should adopt what is I believe the practice of April 10, 1906. On April zo a motion was made in my view of the Ordinance it is an authority against the appellants as the local legislature some judges in all cases to put to the prisoner for a habeas corpus and- I believed the motion
has expressly given authority to dispense what is not much more that a conventional was heard on April 24, and refused. And it is formula which when put is practically without this refusal that is at preseast being appealed with the preliminary formalities required in an mean ng and often induces the prisoner to against. The learned Chief Justice delivered ordinary case of contempt in England. A point
was taken in connection with the absent wit re-state what has already been said in his de his decision at some length as a number of fence. The Coait certainly never intended to points were raised. The notice of appeal asked mess that in his absence this jurisdiction, if it suggest that the consequence of putting the for an order that the judgment whereby it existed, could not be exercised. It seems to was adjudged that the writ of habeas corpus me that under this Olinance if a man who question would be the admission of further
has given his evidence disappears and does inquiry such as has been argued to be necessary should be quashed and whereby it in this case. There is another question as 16 adjudged in review that the order' dated April not return he has very good reasons for doing sa and that he can deal with in his to whereby the appellants were summarily which I am glad to have heard further argu ment, for it is undoubtedly important and is not committed to prison for perjury be confirmed, absence. Again, it was argued that the war free from difficulty. What is the meaning of may he rescinded and that the appellants rant of committal must be under the band may be released on the grounds that they of the committing judge. And as this one was the expression to commit the witness "as for a
were nol contempt of Court?" The argument is that
informed by the Chief Jus only signed by De Registrar it is bad. As tice what stateinents made by them respec In this argument can only say that I do not these words mean that the witness is to be comm tted with the same forms and procedure tively constituted the alleged perjury; (2) propose to upset the universal practice of this Court unul have to. The only question left as if the offence were contempt of Court and that before sentence was passed upon them an further that as the Judicial Committee reported opportunity was not given to them af being
to consider is that part of the motion which in Pollard's case that in the case of contemp: beard in their own belialf or of showing cause asks that that pati of the judgment appealed from which quashed the writ of Anbeas corpus "the s; ecific offence charged is to be distinctly why they should not be so committed. "I think
it most convenient now to dis, ose of the first should be rescinded. The learned Chief Just stated and an opportunity of answering given," so here the perjury is to he specifically stated point, namely, that the appellants had not been ice dealt with us point and as I think it is informed as in which of their statements con- purely a question of procedure and considering and an opportunity of answering the charge is
think it clear stituted the alleged perjury,
that there is an appeal on other grounds 1 do to be given. If therefore the words de inean
not consider it necessary to deal with that part what it is alleged they mean the argument as that they had been, and were perfectly aware of In the necessity of further evidence beng takes them. The sole issue before the jury was as of the case or even if it were decided that the and the new inquiry held finds its justification to whether Wong Ka Cheung was a partner judgment was wrong on that point yet it would Their safe practically have little effect on the result of the The judgment of Lord Brougha in Long in the Lai Hing Bank or not. Wellesley's case (z 1. and af, at 1. 664) con evidence was to the effect that he was, and the appeal to far as the appellants are concerned. I therefore will simply content myself by saying tains an interesting passage which had some jury found that he was not. The Chief Justic bearing on this question. The Lord Chan found that in supporting the contention that he, that I agree with the decision appealed from.
The appeal should he dismissed with costs. cellor was discussing the, 1 believe, disused was a partner they had perjared themselves
Mr. E. Sharp then applied for an exten- with which was the matter of point at issue, I may practice of the Court in connection the offence known as prevarication. He said: be that some of them did not go as far as sion of time on the stay of execution, as they had received instructions to proceed to the "If the prevarication amounts to all that moral others, but the material fact is that they gave
Privy Council. The main centre of the proposed milway
perjury can reach.
unless it be upon a evidence in support of one material fact com. system appears to be not Foochow, but Amoy. paint material to the issue to be tried, it is not posed of several minor instances, and as their At all events it is there that operations are (a perjury in law. What do the Courts do when evidence on that fact was found to he false they unspecified date) to begin. The line is to pro- that foul crime is committed in 1 ei face? were committed (be the decision right or Mr. Sharp said that, was so, but they could ceed westward to Chang Chie and thence, They do not order the party to be indicted wrong). I therefore think that the appellants not be taken to assume at once that their through the most important towns in the Chang for perjury,
because they. know fail on this point. The next paint, was that Lordships intended to dismiss the appeal, but they were still entitled to another two weeks Chow prefecture, to Chao Chon (near Swatow),
the appellants before scalence had not an that he must then escape upon a trial, hu in connect with the Canton lines, among which they order him to stand committed for his opportunity of being heard in their own behalf from date of this dismissal, and after further argument His Honour the Chief Justice' ex- a line from Chao Chou to Swatow is already in prevarication. In what form and under what and of showing cause why they should, not be course of construction. Forthward from Amoy, nante? It is clear that the Court judged of the committed is, in my opinion, if more importended the bail for a further two weeks.
it is necessary point the proposed railway is to be faid by way prevarication then and there, and sentenced the tance. In considering this “Chin Chew and Bing Hun in Focchow, whence prevaricator summarily. If Pollard's case had to look at the section of the Ordinance itself, it is to be continued to Yen Ping. At Yen introduced a new principle or upset a previous
section 31. The secting reads: "If in any Ping, it divider, one branch going to Kienning practice, then this old procedure would have cause, action or suit, civil or criminal, or in any and the other to Shao Wu, connecting from the no bearing upon the present question. But preceeding connected therewith it appears lo
At the Supreme Court this morning before foriner with the Chekiang system, and from the the utmost that can be said in this connection the Court that any person examined as a witness latter with that of Kiangsi. A branch line is is that it may have sett'ed what was unsettled upon oath or declaration or if a Quaker upon his Honour Sir Francis Piggott, Chief Justice, also to he made from Forchow to Kuantan, by before. Rus putting on one side the analogy of affirmation, has committed wilful and corrupt Mr. Raphael E., Belilios, son of the late Mr. E. R. Belilius, was admitted to practise aithe Bar. way of Pagoda and Ching Chou.
this old precedure with the procedure specially perjury, etc., then in each and every such case it
The Hon. Attorney General, Sir Henry Ber created in this Colony, the expression for a shall and may be lawful for the Crust to direct
on his a prosecution for perjury to be forthwith in- keley, addressing his Honour the Chief Jus ed, speculators (mostly foreign of the shabbier qath" bears a curious resemblance to the description) have taken the opportunity to buy now under discussion. I think the reference declaring, etc., in order that he may be punish Mr. Helilies and to ask that he be admitted to up land where the intended railway was to be to contempt of Court is used dramatically by ed according to law, or where such perjury is practise as a barrister-at-law, at the Bar of the laid. This was notably the case át Hankow, way of nonlogy and not of strict reference; committed by any person examined as a wit- Supreme Court of this Colony. He was a when the question of railway construction came and after giving the matter renewed considera-ness in open Court (as was the case here) is member of the Middle Temple, and had been shall be lawfu for the Court instead of direc- called to the Bar in England in 1993. He had to the fore in that port. In the present case, tion I think that it is also used in that however, the Government have taken the way in the section of Ordinance 3 of 5873 ting such prosecution to he instituted as afore the mare pleasure in doing so, as Mr. Belilios have to be made in Chinese administrative me
was the son of an old and highly esteemed re- thods before foreigners have any confidence in · precaution of informing all the foreign Consuls For otherwise we get to this result-Summary said either in commit such witness as for a
sident of the Colony, Mr. E. R. Belilios, C.1.0, a service administered purely by Chinete off. of the general direction of the proposed line, jurisdiction is conferred on the Court, but its contempt of Court to prison for any term
not exceeding three months, with or without who lived here for very many years and whose cials, and such a change can only be brought and notifying them that a right of pre-emption exercise is fettered by conditions which make
Now the Court has two is held over the land on which it is to be it cease to be summary. As to the intention hard labour, etc."
his revered memory.
rivalry of the Powers, we expect to see a united built, the precise track of the lines has not of the Legislature that the jurisdiction is to
works of charity stud out as a monument to about gradually. Hence, amidst all the jealous front shown when it comes to any attempt to CHINESE STUDENT `CORPS. yet been fixed, and the rough indication of it be summary, I have no doubt whatever,
interfere fundamentally with the present ad- which has been supplied to the Consuls is very I cannot accept the argument that the power
mirable administration of the Customs and vague-the only places definitely named be of committal being alternative to the power
Postal services upon which foreigners of every ing these specified above-hut any one who to direct a prosecution for perjury, there
nationality are so largely dependent for the feels inclined to speculate on the advent of the fore it is to be caercised in accordance with the
smooth cattying on of their affairs throughout railway would do well to make a note of the ordinary principles of a trial for perjury; for fact that he will probably have considerable then it would cease to be alternative, but mean
the Empire. That the Chinese will some
day difficulty to encounter.
Mr. Belilios said he did not know if it be capable of managing the Customs, and. to all intents and purpose the same thing. This
,was usual for a barrister to address the Court Postal services as efficiently as new, we do not [From Our Own Correspondent]
Two French engineers have been engaged does not in the least interfere with the facts, to survey the route, and when this has beep
an Buch occasions, but he wished to thank his doubt but that day is a long way off In the but the summary power is only to be exercised done we may, hear more definitely where the in cases where an indictment for perjury would
Lordship very sincerely for his good wishes, meantime. the "superfluous foreigner" is a Shanghai, 10th May,
railway is to be; but whether, considering the lie, and that the conviction amounts to a cos
and the Hon. the Attorney-General for his kind necessity, and we see no signs in the immediate 2.20 p.m.
low financial state of the province, it will ma viction for perjury; for it is the manifest duly
intraductory remasks, and added that he would future of his relegation to a position inferior, to The Tuotai at Shanghai has deterialise to the extent its projectars contem. of the Judge before committing to be satisfied
probably not be addressing the Court again, that he now holds in China, alike to his own | plate, wa ventura to retain à doubi,--Foochow that all the ingredients of the crime of perjury
for soms considerable sima at least, as bo was benefit and that of the people he bas so woli
served, tided to form several volunteer | Acha.
Aro present. One new case was cited, Bonakor
leaving the Colony next week,
[The Asaki Maru is one of the fleet beloop ing to the Osaka Shoven Kaisha. Matsi where it is reported she struck a rouk, is an island off the coast of Fanchow, lying in 26,1 120-Ed., //.KT]
WELHAI-WET.
BRITAIN AGREES TO EVACUATE.
CHINA WİLL PAY FOR FORTIFICATIONS,"
Shanghai, 16th May, 2.20 p.m. A telegram has been received here stating that a French cruiser has ar- rived at Nganking.
ALLEGED MANSLAUGHTER
IN THE NEW TERRITORY,
16th inst
| From Our Own Correspondent.]
Shanghai, 15th May,
'The case in which Li Fang, a farmer, el No *3,5 pm..
Kun Wat, Ping Shan, New Territory, was IL is reported that ir Ernest charged with the manslaughter of a farmer mancil Chan Yong, was further heard before Satow, the British Minister at
Mr. F. A. Mazeland, at the Magistracy to-day, Peking, las informed the Waiwapur. R. F. C. Masier, of Messis as that Great Britain will consent to the W. Lonker, ef Messrs. Deacon, Lonker and Stopes and Master, prosecuted, and Mr. H. retrocession of Wei-hai-wei to China. Dearon, defended. Seret Keir, of Ping Sisin under certain conditions."
station, appeared on behalf of the police. The case was remanded for one week.
*KAILWAY ENTERPRISE IN
FOBKIEN.
It is required that the Chinese Government refund to Great Britain the cost incurred in fortifying Weis hai-wej, and that a guarantee be given
Whether any of the present generation are that China will not lease Wei-hai-weikely to live long enough to see an efficient to any other Power, without having railway system in this Frovince, is a question previously obtained the consent of
the British Goverument.
(The above telegram was received too late for insertion in yesterday's issue.-Ed., K.
CHINESE IMPERIAL
CUSTOMS.
EXPLANATION OF RECENT APPOINTMENTS.
CHINA GUARUS AGAINST POSSIBER COMPLICATIONS,
[From One Oren Correspondent.Į
Shanghai, 15th May.
3.5 p.m. Au explanation has been issued by the Chinese Goyernment with re-
likely to be answered by most observers in the
negative. Nevertheless, schemes of the most extensive kind are in contemplation; and, however they may turn out, an outline of them will perhaps not be without interest,
On various occasions in former times, when
was
His Honour the Chief Justice said they had already had a month.
A NEW BARRISTER-AT-LAW.
·
16th insi.
Weare inclined to hope, however, and indeed to believe, that the fears of the pessimists as well as the apprehensions of those who sympathisa with the growing spirit of independence thus exhibited are alike groundless: Sir Robert Hart, the great 1.-G., has so long been regard- ed as the absolute ruler of the Custom service that the fact that he has ever had to take his directions from the Chinese Government has been almost overlooked by the public general. ly. The foreign Inspectorate General has all along had the Tsungli Yamén, and latterly the Waiwupu, as its head; and now a special Com- mission merely takes the place of that some- what cumbrous body. To the formation of the Commission no one can object; both the High Commissioner Tich Liang and the Vice-Com- missioner Tang Sbno-yi are men of note and ability, and reference to them by the foreign Inspector for the time being will probably be, if anything, easier, and meet with quicker re- sponse that reference to the notoriously dila. ory Waiwopu. The fact that no mention is made in the Edict of either the Inspector-Gen- eral, Sir Robert Hart, er of the Deputy-Inspec. tor-General, Sir Rohen Bradan, would go to show that no interference with these posts is contemplated and that the internal manage. ment of the Customs service will progred, for the present at least, on the old lines.
The veteran 1.G. is now in his seventy- second year and his intention to resign cao cause no surprise. It is commonly surinised that his successor will be the present Deputy. Inspector-General, for an agreement exisis between the British and Chinese Governments that, as long as British trade maintains its as cendency, the Inspector-General of Customs shall continue to be a British subject; nor is. there any likelihood of such Inspector-General being superceded by a Chinese Commission, pure and simple, as has been at times hinted, as long as the Customs revenue remains pledged as it is now, as security for loans and indemnities due to foreign nations. Nor are the Chinese likely to have forgotten that the establishment of the Foreign Inspectorate by
act of grace to the Chinese, Shanghai at that time having been actually a free port since the date of the capture of the native city by the Friad rebels in September.
A radical change, from top to bottom, will
gard to the appointment of Chinese / the construction of railways has been project contempt of the Court by prevaricating words stiluted against such person so falsely swearing tice, said he had much pleasure to introduce Sir Rutherford Alcock in the year 1854 was an
officials to be ligh Commissioners of the Imperial Maritime Customs.
It is stated that the Commissioners
have been appointed simply with the view of preventing complications aris ing in the possible event of Sir Ro. bert Ilart's retirement.
SHANGHAI TAOTAIS SCHEME.
CAVALRY AND INFANTRY COMPANIES TO BE FORMED.
i
methods of proceeding, but in this particular
ca:o we have to deal with the second, and the question is whether the appellants have been legally dealt with under it. I think & bad better state how this section has been always construed and acted on by the Courts in this Colony (though of course such construction may be wrong). They have considered that there have been two. courses before them, first, the ordinary one of ordinary prosecutions which involves, to certain extent, a new trial on the point of perjury; secondly, the Court has looked upon the alternative course as a more summary one and one in which the judge, if he has come to the conclusion that the witness has perjured himself on a point material to the issue has
10
The Chief Justice said he was very pleased receive, admit and enrol Mr. Belilios, to practise as a member of the Bar of the Supreme Cour, and in doing so said he hoped that the gift and power of speech with which rumour credited him might be used for his own advantage.