THE HONGKONG TELEGRAPH THURSDAY, MARCH 10, 1938.
Personalities of Old Hongkong
JUDGE WHO ORDERED FIFTY LASHES FOR CONVICTED EUROPEAN ROBBER
ONE OF THE MOST TURBULENT TIMES IN H.K. HISTORY
H
By T. Paul Gregory
ONGKONG has on the whole, been exceptionally fortunate in securing the services of a succession of eminent jurists who have ably administered justice in its Courts.
The majority of those who have been sent out here under appointments of the Secretary of State for the whose attainments in their Colonies have been men chosen profession had already marked them as pre- eminently fitted to uphold the proud traditions of fair play in the administration of British justice.
Some of these,--Sir Julian Pauncefote, amongst others— devoted their energies to the carving out of brilliant careers for themselves, end on account of their high achievements have earned a lasting inmortality. For some, too, a civil service appoint- ment in the Colony has been no more than a sort of temporary "stop gap" and their careers which early augured the acme of aureissful accomplishment avon "fizzled" and came to naught.
One of these latter was the brilliant but unfortunate Mr. Henry James Ball, Judge of the Court of Summary Jurisdiction during the sixties of the last century.
to it.
Mr. Henry James Ball was if a man dererved a public flogging born in England in 1819, and he got it--and that was all there was received an excellent education amply fitting him for a career in the legal profession.
He was educated at both Oxford and the University of London, from which institutions of learning. he received the degrees of Bachelor of Arts.
Mг. II. J. Ball
MEXICO SEIZES FAMED RESORT
Ile seemed to take a sort of andistic glee in subjecting men of his own nationality to the torments of the
Los Angeles, Feb. 15, :corpion-lush, and upon one occasion United States Investors have whilst serving as Acting Chief Justice in the absence of Sir John Smate, protested the Mexican Govern- he sentenced 11
FORBIDDEN CITY OF TIBET
By Roger Johnson United Press Staff Correspondent
San Francisco, Feb. 16. The Forbidden City of Tibet is not forbidden, and like the huge Shangri-la of "Lost Horizon" it holds a fascination that impels the visitor to return despite ex- treme hardships, according to Theos. C. Bernard, first white man ever to live in the mysteri- ous civilization of the Lamas.
A few years ago Bernard was a young man practising law in Tucson, Ariz. His side interest in philosophy soon beenme so great, however, that he decided to go to one of the great sources-the Tatra of Tibet, the philosophical background on which Buddhism is based.
Without benefit of companions or pack trains, Beard went to India and started the perilous journey to Tibet. For a period of
remotest
RADIO BROADCAST
Lee Wong and Doreen Ma From the Studio
CHILDREN'S HOUR
Radio Programme Broadcast by 20W on frequencies of 845 kc's. 9.52 m.c's per second. HKT.
12.0-12.20 Relay of Service of Intercession from St. John's Cathe drat.
12.30 Songs by Percy' Heming (Baritone).
The Devout Lover (White); Joggin' along
The Highway (Samuel); Chorus, Gentlemen (Lolir).
12.40 Light Symphony Orchestra. (Roger Three English Dances Quilter)....played by New Light Symphony Orchestru cond. by J. Ainslie Murray; Drink To Mc
Me Only With Thine Eyes (Arr. Quiller),... played by New Light Symphony Orchestra cond. by J. Ainsile Murray: Fluttering Birds J. Gennin)(Duet for two Piccoles; Soloists: Jears and
Gennin) Idylle (Gennin)-(Duet for two Flutes; Soloists; Jean and Pierre Gennin)... Bournemouth Municipal Orchestra.
10 Time and Weather.
Pierre
Bretonne
many months he worked his way north leisurely, mastering the Tibetan language and the Buddhist tongue. Ife took part in the strange 1.03 Marek Weber and His Orches rituals and prayers of the Tibetons. | tra and Milliza Gorjus (Soprano).
Saschinka (Potpourri of Russian
The final stage, from Kalimpong. Gypsy Songs and Dances-Schie-
The
on the border af India, to Lhassa, the
mann)....Weber & His Orchestra; sarred city 400 miles into Tibet, was La Villancile (Dell' Acqua), Thou- amazingly easy, Bernard said.
sand And Ore Night-Waltz Apparently because he was young (Strauss)....Miliza Korjus and Ber-
lin State Opera
Orchestra; and sincere, the Lamas of the For- bidden City permitted him to live, & His Orchestra; Old Vienna (Gems Ekators Waltz (Gung)....Weber among them for three from Lanner's Waltzes-Lanner, air, ent, sleep Fronths. Then he penetrated still
Amorer'entonze-Waltz Kremser), Jolin Thompson to three years' im- ja $10,000,000 pleasure resort on
Veber & His Orchestra, the written treasures of India were prisonment with Afty lashes to be the frontier which was built dur-gathered between the seventh and Whilst he was apparently not in-trice administered to him in
public terested in the law as a career until during the period of his confinement, ing prohibition and which a few 11th centuries. Everywhere he had
Thompson had been convicted of years ago was a famous drinking an open sesame, his late twenties, he took it up with avidity and served as Special Pleader use-breaking and the use of super and gambling refuge for movie From 1810 to 1053. In the latter fying drugs in an effort to communit year, he was called to the Bar of robbery, but the sentence meted out people and other persons of the Home Court, and two years Inter to hun by the obturate Judge was means.
of the was well established on a career in too much for the sensibilities'
who forth- Her Majesty's Civil Service-being European community. appointed Attorney General of Bri-
European named ment's seizures of Agua Caliente, per to the city of Saskya. where (Gengler & Rugby Press, Wea-
tish Hondurar.
itls
Mexican authorities said
be reimbursed
ald
10 Tibet.
TE
fret of
ther and Announcements,
1.40 Varlety. Orchestral-Hungarian
"Ont
Ride
Fantasy * know this sounds silly," Bernard (A. Figedy)....Band of the Royal "ht I was to them the Hungarian "Maria Theresia", Regi- relncarnation of some old Tibetan ment Cond. by Alexander Figedy: West Vocal-The Wind's In spirit. I became one of them." The expropriation deerne was in
(From Aunt Sally-Woods), My He said the sudden transition to Wild accordance with the Mexican Agrarian
(From, Aunt Solly with petitioned the Governor, Sit Law under which no individual or me quite a foll. I took a plane from Humorous-Mr. Penny On Govern- our sophisticated 'world gave Woods)......Cicely Courtneidge; Richard Graves MacDonnell, to remit eorporation may own more than 247 Culcutta to London and was in New ment Service (M. Moisclwitsch).... the fogging port of the sentence, Ilongkong to uppointment
beres of irrigated land. The
York: in three weeks. I haven't Richard Goolden, Doris Gilmore, An- came about through the fortuitous "ointing out what a serious loss to seizures have affected large lands establishment of the
thony Eustrel, Rani Waller, Glynn now defunct British prestige it would be if one
Dance Orch.-Night Jones; Sonora, which were turned over to "Court of Summary Jurisdiction and of their nationality were flogged in valued at $3,000,000 in the valley of oriented myself ret
Bernard said he planned to return (Arr. Sid. Phillips), Blue Danube arranging for the nomination of a public,"
"There's work for several Swing (Arr. Sid History does not record whether Mexican Agrarians.
Phillips ....Eddie Judge thereofan Act passed by
lifetimes The lands and building in Agua
there," he told reporters. Carroll & His Swingphonia Orches- the Lexislative Council on March 22, the petition was successful or not.
(From 1802. The Secretary of State being but the probabilities are that it was Caliente will be used for Industrial He brought from Tibet 50 mule-loads tra: Vocal-Outside of You
manuscripts and several thousand Broadway Gondalier'), Lonely Gen- duly notified and signifying his hot, as there are other instances of schools.
of fim, part of it in colour. The dolier (From Broadway Gondolier) approval, designated Mr. Dell as the Europeans being "eut up piecemeal the owners would
....Dick Powell with Orchestra. man to all the new post. Mr. Ball by the "eat" in the turbulent days of with 10 years on the basis of the manseripts, mary of them centuries
old, are philosophical discourses on 2.15 Close down. bimself was apparently under the im. the late sixties and try seventies tax value of the properties.
ligion, medicine and other subjects, pression that he been named af
GREW WORSE
Agua Caliente lies a few miles They are fragments of Tantra-the Pulsne Judge, and did not realle
not long below the Mexican border town of ¦venimulated was fated to
philosophical know the difference until he was personally
ledge of Tibet, he sald. appraised of the fact by the Secre-occupy office in the Colony; for his Tijuana, and consists of a luxurious spa, golf
In James Hilion's famous novel, You're a Sweetheart, c) Serapin' the
n) My fine feathered friend, b) tary of State previous to leaving malady was steadily growing worse, hotel, casino, bungalows,
and his irascibility of temper due to course, and the $4,000,000 race track, London for Hongkong
the young British here was irresis-Toast, d) Bel Mir Bist Du Schoen. He arrived in the Colony on July his bad health was to alienate what where a $100,000 handicap race, then
richest in the world,
ibly drawn back to Shangri-la, fabu- oner
5.15 Interval of recordied dance 7. 1862, and was soon to prove his few friends he hind. Upon more than this
galu season.
Jous, fictionized Tibetan lamasery music from ZBW. but Wholly one occasion be caused trouble in the mettle as a brilliant
where nernetual peace velgned and 5.20 ) Sweet Lelland, b) Sung of Court by his taking offence where and temperamental jurist.one was incant,
In its heyday, after it was opened the Tibetan philosophers had stored the glands, e) Blue Hawaii, d) Hula blased
in 1922, Agua Caliente was one of away the world's cultural treasures Medley. It was revealed, too, that the Judige
The epileptic seizures now came unfortunately suffering from
the yest spots on the continent. in anticipation of the World's de- on account of the upon him with more regularity than The influx of racing patrons pro-struction United Press. epilepsy, which
hlm like suddenness of its attacks were to ever, and they attended
vided daily Tathion parades, and Genis bent upon his destruction render the Court sessions extremely
colony precarious. Indeed, the malady was even whilst he was silling upon the Celebrities from the movie
colour
many of the decisions de- Benth. Often it is recorded that he vacationists from all parts of livered in Court; for he often took world suddenly fall from his chair the country crowded the casing and the liberty of "stretching the Jag" with a piercing scream, and would be bar cach night,
paroxysms of
Was
to
and giving the limit to some "poor devil" who had run afoul of the law and who had been tried and sen~ tenced under his jurisdiction.
MAR
Mr. Ball
taken with the violen sutterer from his malady.
climaxed a
The history of the resort, however, was one of vizesinde. First game
were
The local press of the day in their the depression. Then the Unlled ronment upon these periodical out-States repealed prohibition and Mr. Ball spectly acquired the re breaks stated upon more than one Mexican bars no longer putation of being a "hard-boiled" necasion: "I was one of the allauvelty, Next came a Mexican re- Judge, but it was not until the pass- painful sights that could have been form that abolished rambling in the age of the notorious "Flogging Or- witnessed in a British Court of Juurder states and closed the cusine dinance" (No. 12 of 1865), that he fee. The public will anxiously look Agua Caliente waned in popularity, teant into prominence when he clear- forward to a time when spectacles finally was closet and grew up with ly stated that he would make n of this nature shall no longer be weeds.
It is annoying that they distinction between Europeans and presented.
The race trek, where the great Chinese, and in any case in which should continue so long." personal violence was used, he would The Hongkong pubile at length Australian hors: Phar Lap once ran. stand it no longer, and on now is owned independently of the pass a sentence which would include could corporal punishment."
June 23, 1873, a memorial signed hotel, by a group headed by Gene by over one hundred of the leading Narmille, Southern California racing Normiille said his attorney members of the community-jurists, figure. became greatly merchants, bankers, ele. was pre-in Mexico City had advised him that criticized for his interpretation of the rested to the Governor, Sir Arthur the facts was not involved in the Mogging ordinance, as he seemned Kennedy. The petition was a not expropriation decree,—United Press, to absolutely misconceive its real able one on account of its temperate purpose. The act was designed by its but firm language and is given in framers to act as a wholesome deter-full as follows!
FLOGGING ORDINANCE
Mr. Balloon
of
of "ng
was
In rearch
bc
rent to the "erine wave" of robbery by violence which had broken out in the latter part of the year 1864 and the first months of 1865. The rob- bers were Chinese riff-ruff-former Tal-ping rebels and pirates-who Blocked from the mainland In
"easy pickings" on the island.
ment did not seem to and like the present wave snatching" something more terrifying than simple incarceration with hard labour
demanded. "Flogging" was thought to be the very thing, and it must be remember- ed that whippings in those days were carried out in public, and the prisoner might be given anything from twenty-five to Afty lashes on baro-back with the "regulation cat of-nine-tails" whip divided into nine strings or knots which formed a terrible Instrument of corporal punishment, so that the infliction of Unis penalty caused every convicted prisoner to quake with fear and dread.
Obviously, such a severo penalty was not designed to be inflicted upon Europeans, but in the opinion of Mr. Ball there was not any difference-
the
PETITION TO GOVERNOR
To His Excellency Sir Arthur E. Kennedy, etc., elc
The memorial of the under- signed residents of Hongkong humbly showells:
1. That acting under the pro- visions of section 34 of Ordinance No. 7 of 1862, and under the directions of
Honour, the Chief Justice, the Honourable H. J. བ* Bail, Judge of the Court of Sum- mary Jurisdiction, has recently presided at the hearing of several
civil important
and criminal cuses in the Supreme Court.
2. That there has been nothing In the state of the Supreme Court to necessitate this course.
3. That your memorialists cn- tertain o high sense of the services performed by Mr. Ball during his tenure of office. In the Colony, bui they cannot conceal from them- solves that the lamentable in- firmity of health, under which that gentleman has unfortunately suffered for so long a period, renders it extremely undesirable that he should undertake the func-
tions of the Chiet Justice even when It does not altogether In- capacitate him from performing them.
iL
15
much
4-Thut
with pain und reluctance that your feel bound to memorialists now point out Your Excellency's atten- ilon to this matter, but in view of Its important bearing upon the due administration of justice, and the confidence of the
community in
the highest tribunal in the Colony, they sce strong reasons for no longer preserving silence.
in the pince of the Chief Justice upon just occasions,
And your memorialists will ever pray, etc., etc.
A reply to the memorial was re- ceived in due course from the Cola
· 8.03-11:0 Chinese · Programme, ---- 5.0 Relay of the Dance Orchestra from the Roof Garden of the Hong- Kong Hotel.
6.35 Interval of recorded dauce music from ZEW.
5.15 ) My secret love uair, b) Over Night, C) Josephine, d) Cărnă
6.0 Studio-Calldren's Hour, 7.0 Sea Shanties,
Storm Alon: Roll The Wood-Pile Down. (Arr. S. Taylor Harris), Nous Irons A Valparaiso (Pares & van Parys): Sciucamunni Sta. Lampa al Secretary to the effect that In-Arr. Pavara)....John Goss and structions had already been received Cathedral Male Voice Quartet; Agin- A Health from the Secretary of State to in-court (Wilfan): Here's traduce legislative measures which Unto His Majesty (Harris)....Jakm would render the special measures (Continued on Page 5.) asked for unnecessary.
Mr. Dall, however, did not wait for the decision from hone but took the memorial is a broad bint that his 24rvices were no longer desired and forthwith handed in his resignation. In view of this fael, and the cir- comediners attending the Govern- ent was very liberal in its treat-
ment of hân, granting hin a coin-
HOW TO DRIVE A CAR
YOURSELF AND BE
FREE FROM:-
mutative allowance of ve Seri A. Mechnical Repair Bills. salary in lieu of a pension. Prepara-
tory to resigning, Mr. Balt took four B. Costly Tyre Replacements. months' leave of absence effective from June 20, 1873,
COUNCIL'S GENEROSITY
The Legislative Council, too, was
c. Monthly Oiling & Greasing.
D. Replacements Of New Parts.
quite generous and on April 9, 1874 E. Depreciation In Car Value. voled him a sum equal to one-third of the cost of two passages to Eng- land ($333.33) for his wife and him-
self.
The unfortunate Judge did not re- fire by any means too soon; for: he succumbed to his mutady on August 20, 1874—a month or so after his return.
5. That under all circum-
As a summary of Mr. Ball's carcer stances, your memorialists
are tn the Colony, it may be stated that strongly of opinion that the power he was the first and last occupant of now vested, by section 34 of Or-
the Judgeship of the Court of Sum- dinance 7 of 1862, in
in the Chief
984 |mory Jurisdiction; for this short- Justice should be vested in the lived court was abolished by the Governor of the Colony alone, and provisions of Ordinance No. 12 of they respectively beg that Your 1873, and n Puisn
and a Puisne Judgeship was Excellency may be pleased to in decided upon instead. Thus passed troduce to the Legislative Council one of the
ncit one of the most licetic periods of an Ordinance repealing that see- Judicial administration tion and modifying it in stich a way tory of Hongkong-a perfod made as to confer upon the Governor miserable for both the administrator of the Colony for the time being, of Justice and his associates-on the cole power of appointing a fit account of the hereditary malady and proper person to preside at which totally incapacitated its victim the trials of the Supreme Court, for the dulles of his office.
In
the his-
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