1879-12-31 — Page 3

No. 5142.-DECEMBER 31, 1879.]

LEGISLATIVE COUNCIL, Proceedings of the Logislative Council at meeting held on the 30th December, Present H. B. the Governor (President); the Chief Justice. Sit John Smale; the olonial Secretary, Hon. W. H. Marsh; the Acting Colonial Trasurer, Hoa. M. S. Tonnoohy; the Acting Attorney General, Hon. J. Bassell; and he following hon. ucofficial members: Mars P. Ryrie, i Rick, and J. M. Prile.

THE BLOCKADE QUESTION.

The following is the Report of the Blanssion on the Bpokede question, which we were compelled to hold over last night.

The Governor said no ne objected more than he did to the present condition of hings. He bad long heen of opinion that 10 custom stations should be abolished. was one of the first things that struck In when he arrived here. He found, fhan he arrived here, that he was tied wn, as every hon. gentleman now knew, An act of his predecesor, Sir Arthur anedy and Sir Brooke Robertson, and obliged to acknowledg the existence theas stations. When Br Brooke Ro bertson communicated to his the rales Le And Sir Arthur Kennedy had drawn up ind agreed to with referenci to these ous- toms stations he declined to take action under them. He told Sir Booke that he was unwilling to do anything whatever to Tooguise these stations unlessunder post- tive instructions from Her Majesty's Go- vernment. He told Sir Brook he could not agree to the bargain these rules embodied. Consequently what he was icially called upon by Sir Brook Robert- to take proceedings under tess rules dunder the Cheloo Convention id fix the pis at which the stations were ta ba esta- She declined to do so and referred the mat home to Her Majesty's Govern

told him he was o await meet hell homes Wade. When air Thoarival of But he told hit her

THE CHINA MAIL.

Thomas came Dais of settlement. This 25, were the proceedinga to go by means so much the confidence of objected to of five

Goverur

The Governor askel what had been the effect of concealing from the public and from the junk ognore what had been done in the month of April last. Let him recall t

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SUPREME COURT. IN APPELLATE JURISDICTION. Before the Full Court.) Wednesday, Dec. 81.

His Lordship: I don't remember hearing a single word about it. If you want car reasons for the judgment we will have the case reargued, and the decision may be the other way. I have destroyed all my notes of the arguments and osses, and at the present moment I know no more about it than the Man in the Moon.

Mr Russell wanted no reasons ; he was quite satisfied with the judgmont. Be auz- gested judgment might be entered by defanit.

The Chief Justice said that the question This of costs was a very arguablo one was the first time any change was made of dis, kind; it was a new reading of the As the lecision Ordinance as it wore.

eat it was the correct reading, but the Is had not been enforced before.

Mr Russell: The aśnvictions have never

boon appealed agal st...But there have been several casos.

The Chief Justice; Have the Farmers formerly prosecuted divan koopers for this

Mr Russell: Yes, I had them here to prove that.

Mr Justice. Franels: The impression was left on my mind that this dross bad never efore been treated by the farmer sa opium, Mr Ramall. There was a statement made to that effect,

The Court: And that was not tra dicted.

Mr Russell: There were peculiar circum-

stanets in threns, The appeal was brought io barase the present Opium Farmer. A public subscription was got up for the put- pose of opressing the Farmer. There were beveral hundreds of

The Chief Justice: cannot listen to any hing of this kind any more than if it were, Chevy-chase.

Mr Russell aid he was not present when judgment was delivered, but by the refer- enco to the general rats ho understood the [judgment carried costs:

The Chief Justice: It's all so irregular, It shouli be argued,

Mr Dennys bail ho was sorry that he could not instruct Counsel, but he believed his clients un afered me haudreds or there were that number interested in the case if they were not exactly bia allenta, and he did not believe he could get hold of

them.

Mr Russell: One of them is in jail now for a similar breach of the Law,

Mr Dennys: Your Lordship knows there are hundreds of upmam divans in Hongkong.

had said to the Chamber, The mesung their minds that this was a public question, I had referred to, and it had never tq, his subject, surely the hon. gentleman upstread is that way in anyCourt. We shall | cannot lay claim to.

not be touched by any cruiser but should pay | jects; everything else was free. No one The Governor, with reference to the But everything possible was done to try to hear the partion on the question of costs if whatever dues were leviable at the somat could deal in prepared opium in this Co. remarks of the hon. gentleman concerning change the system of saarch, or to have they no desire it; but that can do well port which she entered. The object was lony; it was a monopoly, and if he chose the foresaing aggressiveness of the cruisers, the whole system done away with. It was enough after the vacation. You know the to secure for the Chinese Government the to issue a proclamation the whole privilege must say he could not agree with him. He thought very desirable, then as now, to get general rule." Meaning (as he read it) that revenue to which they were entitled from of dealing in salt could be vested in any fyre he arrived here there were constant rid of the stations altogether, and moral coste follow the judgment. fie simply

But so far as the wanted a formal recurd of the judgment opium in native bottoms. Were this done man to whom he chose to sell it, complaints of junke having been seized by pressure was used,

Mr Mossop, who entered the Court, then they might hope to get rid of the With regard to the trade to Tientsin revenue, cruiseze in the waters of the accepting or laying down a fixed basis

acepting the inevitable, now stated to His Lordship, at the request stations. As the matter had been thus some eighteen months ago the Executive Clony; of late years, the last eighteen went, it was publicly mentioned in Council, and that Council passed a nuanimous resolution, onthe especially, there bad been very because it bad been claimed as a com- of the Attorney General, that the ease wat He received a letter plete right and accepted. Bir Brooke mentioned to His Lordship the other day the first time, he had which he had transcribed, not to be for few complaints. thought it right to ladicate thus generally warded to the Secretary of State but be. from the Chamber of Commerce calling Reborison had laid it down that, the sta by Mr Russell, and that His Lordship told he might remark

tions should be continued, and that there him he must como to the Full Court. the position he took on the matter. As to cause he desired to see Sir Thomas Wade upon him. to represent the

State, and atating should also be a custom-bouse. Sir Thomas details, as to how the exportation of optum in on the subject before he made any further the Secretary of native junke was to be ascertained, by what representation home on the matter. That that during 1878 and 1879 a certain Wade was very auch in favour of that custom-house sabeme at Kowloon, and con. mode the rates could be recovered, these resolution asked him to prohibit all export namber of grievances were complained of. were matters which we would have to consi- of salt. Sir Thomas Wade had informed The Chamber sent him this letter with aldored they might perhaps get rid of the der; he would be glad if hon, members would the Chamber of Commerce, and Lord Cartracts from the Daily Press, giving stations by that means. He, (the Attorney consider these questions; he would be glad narvon bad informed the Committee that four cases in 1878 and threo in 1879. One Goneral) know a good deal about the mat that the hon, members should express their the Chinese Government had the power to gentleman was the hero of three or fourter, as he had seen rdany Chinese peran viewsfully on the subject. Datil some such maintain these tations and cruisers to pre- these cases. He was described as a tally on the subject, and he was consulted provision was made they could not be vent the smuggling of salt. The Secretary Furopean travelling in a steam launch, by Sir Arthur Kennedy, and the difficulty and it was said was intercepted and over then as now was, what are we to do? feared, hope for the withdrawal of tho of State had told them that all this was cruisers or the abolition of the customs right and fair according to International Muled. He did not mention his name in Supposing we got a custom-house there, stations. This was a question which be Law and that they could not object to the the paragraph which he had chosen to what guarantee have we that the junks Write for the paper, and he had made no having paid all the taxes at the custom. hoped his hon. friends would take up. 1 eruisers or the customs stations. Then

The house, would not be examined by cruisera? was a question about which there should how were we to get rid of them There dmplaint to him (the Governor.) be no hole-and-corner work, but which very must be a quid pro quo. It had occurred Impression on his mind was that these Have we any guarantee that the cruisers to him we might say, to them;"Now, if cafes to which his attention was directed will be got rid of or that further taxes properly should form the subject of dis cussion at the Legislative Council of the you will take away these, custome stations, by the Chamber ware all-he did not con- will not be exacted, as his right ho, if you will agree to remove your cruisers, rider the cases of this map of which he had friend on the right (MrRyrie) had said.. Colony.

Mr Ryrte, with regard to the meeting if you will agree also not to lay any tax on seally no proper cognisance-cases in which There were the difficulties that present between the Chamber of Commerce and the trade of this Colony upon no goods the Chinese revenue cruisers were acting ed themselves. to his mind. It was a Sir Thomas Wade being a closed one, whatever aava salt and opium unil it thin their rights, except one only. very difficult problem and had had a stated that that was by request of Sir reaches the various parts of the coast, then that oase, which was known as the great deal of consideration without any ports and the villages, then the question Aberdeen salt junk seizure, the mast r had solution having beou arrived at. We want Thomas Wade himself.

Mr Keswick, with regard to the manner may be considered with respect to salt and violated the law. The people belonging toed a tariff that was asential; and we also in which the interview with Sir Thomas opium." Then, if the Chinese agree to the cruiser denied the seizure, but on look wanted means of obtaining the reture ofoffuuco 1 Wade had been conducted, did not think that and goods were sent to some little ing at the evidence he thought the junk exactions beyond the tariff rates illegally this was the place for any particular state- village on the coast, he did not need to tell ter bad probably told the truth, and lovied. Aasto the matter His Excellency that he was seized within our me llum line. had asked about, he hoped hip had ox- ment beyond a few words to say that them there would in all likelihood be no It was advisedly that the reporters were preventative offiour there; and they might He forfeited the junk. Through the Con-pressed himself with sufficient clearness,

Mr. Keawick wished to say that he was. pot present at that meeting and that say," We are giving up our revenue and gul, he asked the Viceroy to return the what took placa was not published, you must ensure us the very strictest su- jank and cargo, which was done. Than quite clear on this point he never signed It was not at the request of the pervision of salt and plum to compensate the Magistrates found that the master had any paper resembling the basis of settle. us for what we are losing on the general takou out a false clearance paper; be had esot referred to, and, further, it was Chamber of Commerce that the Pres wat not presont; but it was pointed out trade." When a predecessor of so great aalled for Tamsal and then with salt on known that be took an active part as a them that it would be well that whe: experience and ability as the Governor to board, taking a roundabout direction, hard member of the Chamber of sommerce transpired were not made public for a time, whom he had referred, one enjoying gene off to where he was seized. The junk he should not, perhaps, say d-gourous, but the com-and cargo which he got from the Viceroy were in stating that such a basis of settlement forfeited. Now, it was stated to bim by those could not be viewed as satisfactory, to the the Goy of the of this Colony to which might be made of it to the prejudies of the years' Borvien, here, and thet long study engaged in it that the junk trade was vory colony. his attentis was directed. It as one of Colony. Coming to the other remarks of of the question, in a communication to seriously impeded and harassed by these the point which he had had communics His Excellency he thought the Chinese Her Majesty and to the Chinese Govern- stations. The question is, are they to be tloun fra the Secretary of State. A den. should collect daty on pium in the same mont had given the views he had, made the removed? He found that the owners of the patch ritten by bis predecessor, ind dated way as they collected duty on other articles promisen and proposals there contained, junks were perfectly willing to come to the 28th, crossed him on his way out. In Imported futo-China. There need not be they could well understand how difficult teras. They said, "If you remove these that despatch Bir Aurthur Kennedy fixed difference in the mode of collecting the he (Mr Hennessy) would find it to get rid stations then we will admit it is only fal THE OPIUM DROSS CABE AGAIN, the customs stations and the Oruliers hers, duty on that import and their mode of of these stations, which Bir Thomas Wade, the opium revenue should be giv fo

In the case of in. Atz, appellaut, and the Then came the question what was to be done. collecting duty on all other imports. He too, said were lawful. The question for China in some way or other. He did bot He told Sir Thomas Wade that the whole did not know any reason why this Colony the hon. members of Council to consider say we ought to collect the revenue for the Opium Farmors, respondent, an motion for system of the cruisers lying around our should ronder facilities to China; for the and the question for public discussion Chean; he only threw out the question judgment was brought forward by the port could not but be injurious to trade here collection of her duty on opfum for any was,-how, either by permits or by any for the aideration of the "Connell. Acting Attorney General for the respondent. The case was heard in appeal uly 11, Mr expecially to the Jank trade. He pointed thing else greater than were ordina other means, were the Chinese Government Bladsy hon. gentleman any project

Thoy Russell explained, and for some consider ont that it was a very uadignified position rily rendered to friendly neighbouring to get their 30 Taels per cheat on opium toto suggest? He had heard noue.

know what-Sir Arthur Kößnedy suggested. able time their Lordship gave no decision, for the Governor of a British Colony to be powers under ordinary ^. treaties. The which they were entitled by the Treaty.

to have those stations at our very door, position of salt he had not carefully The salt question would be more or less Now three years had expired, the despatch On the 8th. Angust, during vacation, bia quite close to us. Sir Thomas Wade was considered, but he thought so long as salt was settled by the resolution of the Legislative covering the basis of settlement was signed Lordship happened to visit the Conet when very much disposed to admit that it must within the waters of this Colony it should Council, and when the time came it would the day before Sir Arthur Kennedy left the Mr Justier Francis was hearing smo cases What had the Council now to in Summary Jucladiction, and Mr Sharp, y be injurious to trade or at all events to the be as free and clear from interference as any rest with them to put it in force. If we Colony.

junk trade. Then came this meeting with other article of merchandise. The trasty could iura for the Chiasse Government enggest to him as Governor? The facts as asked (he road from the China Mail of that

Mir Dennys: A dozen of them may be in the Chamber of Commerce, As he said in with China did not interfere with Hong their legitimate revenue from native opium to the basis of settlement ought to be told date) both their Lordships being present,

to the public. He knew nothing of it. whether they could state when decision jail for all I know, There were over a the statement of what took plage which kong. Hongkong might suffer sombat junks, there might be a way to provide for

would be given in the oplum dise. Heaundred of them. they had seen within the past few weeks, from not being included in the treaty, but the removal of the cruisers and the aboli.Everything was done about it before he came

And moreover he to the colony. He would, ask the hon. asked because some other case or osses The Chief Justice Baid he was bound to & deputation of the Chamber of Commerce as this was an integral part of the British tion of the stations.

were now being held over, ho understood,acaspt what both parties agreed to be cor- Welted on him, or rather he waited on the Empire he could not see what call there believed, and he had good authority goatman (Mr Keswick) to say!-firat. deputation. These gentlemen It appeared was for the Government of this Colouy to for saying this, the junk trade would was there a meeting of that sub-com- at the Magistracy till the appeal was decid rect, although he should not take the state- Was he presented." The Chief Justice then said that the ment of one or other. Mr Deange had ad- explained their views to him and Sir Thomas recover for China or to aid her in recover-increase four fold. The Council and the mittee to begin with? Wade answered them, He (His Exceling ber zovenue on spium, which only be community should do whatever was in thale when Sir Arthur Kennedy appointed the Court bad come to the most desideri con nitted now that all the Attorney General

up viction that the dross, opinn dross, was had stated was correct. Jenny) was not present on that occasion, nor came leviable on its entering her own power to got these drawbacks to general sub-ommittee of three to draw

trade removed, and the question was how the basis of settlement 1 Did he attend opium within the meaning of the Ordin- was there any report of what the Cham Empire.

the meeting? Was there a basia drawn anico. (I judgment then delivered, and con- ber of Commerce said to Sir Thomas Wade.

were they, to be gut rid of." It was only within the past few weeks that

Mr Keswick explained it was a complete up and considered? Furthermore, when vereation as reported read in full)

The Chief Justico: This to the first hehad.come to know what Sir Thomas Wade

mistake to my that he over assented to the ear Lengedys made the state- basis of settlement which Bis Excellency ment that he had reorded his views on the time I have heard a newspaper report took place la April and now he knew and

o doubt come to a new practice by and the public knew in December what Her Ma-. it had been before the public for a long time. knowledge been accepted or approved by have known what that record was it

should have been seen.

bye. jesty's Minister then said. He thought the On the 28th February, 1877, his predeces the Chamber of Commerce. is memory

Mr Kawi-k asked whether there were Mr Russell stated that be simply reat it whole question that was then and there to be or, Sir Arthur Kennedy, at a farewell did not fail him on either point.

is. Excelloney believed it stood this not in the archives of the colony to refresh the memory the Court; it was discussed was a public question; and the banquet in the City Hall, gave some public

He (the way, that being accepted by the hon. mem- papers which would put this matter so long ago. Mr Justice Francis went off community in this Colony interested in atteranges on this question.

He presumed i was to the North, and there had been other the abolition of the customs stations was speaker) had been referred to these utter bar and Me Lowcock-it was presumed or beyond doubɛ.

u ual to keep records of sach meetings, business before the Court which bad fully not confined to the members of the Chamberances and reminded of them time after taken to have the sanction of the Chamber

time by certain organa in

Ele had mentioned the Press. of Commerce.

His memory, was quite clear on the point occupied everybody. of Commerce, During the past two and a

And now I come to the Opium question," Mr Koswick: There is some 'mistake.. that he never signed or a proved of these the case it to his Lordship the Chief Jus half years he had a large number of men who were not members of the Chamber his predecessor, Sir Arthur Kennedy said: I never in any way assented to such rules, and he did not recollect any meeting tice the other day in Chambers, and his Lordship had said it must cotos before the of Commerce coming to him and taking "You are right, gentlemen, to fight for a basis, and I can say also for Mrof a formal obaragter to consider them.

The Governor asked,Was there any Fall Court. an interest In and giving their views to him your interests. I cannot retract what I Lowcock that be never did The hon. gen Tespecting this matter; and that these men have written on this subject because it is tleman went on to point out with regard to meeting"? should be debarred from knowing the views there on record, but you are right to stand the matters on which the Governor had un of Her Majesty's Minister who was passing up for your interests and in insisting on dartaken to correct him, that-His Excel through the Colony, and the Gvernor of carrying your point." Then there was loud lency had claimed that opium was an excep the Colony ba debarred as well, appeared to applause. On that same day, the 28th, tional article of trade-in this His Excel- him very remarkable. However, as they the despatch was signed which contained leney- was wrong. Boiled Opium a mono. knew, the meeting was held with closed the basis prepared by the Government of poly in which had been created was not doors. Sir Thomas Wade got certaia re-

Sir Arthur Kennedy for the Settlement of the opium of commerce; that was raw presentations from the Chamber of Com the Blockade question. One copy was sent opium, which was lu precisely the same merge of the nature of which they knew to the Secretary of State for the Colonies position as any other article of commerce. Mr Ryrie agreed with his hon. friend on nothing and he made a reply to them and another was sent to Sir Brooke Ro- then putting in writing the next day bertson by whom it was laid before the the other side (Mr Keswick) as to the the views he had laid before the Chamber. Viceroy, along with the personal opinion of Chamber of Commerce never having been As the matter had now been mentioned Sir Arthur Kennedy. He was prepared to committed to this basis of settlement which publicly in Council, it was only right to say give up all smugglers to be dealt with by had been spoken of. Some auch terms that although he had had much communica Chinese Law on a prima facie case being wore spoken of, he said in explanation, but tion with him; he, who had been engaged for made out here before a Magistrate. That only as a temporary measure; the view of was a settlement, he said, that would the Chamber decidedly was that they were years now on the subject and interested in

Would the junk to assent to nothing as a satisfactory settle the question to the utmost as the Governor satisfy the public! of this Colony, did not see, unt!! within the owners have been satisfied? At all ment short of the abolition of the Stations

the and the withdrawal of the Cruisers, and that Chefoo Convention. Sir Brooke Robert- The Chief Justice: Then, if your purpose last few weeks, Sir Thomas Wade's answer events, when his hon. friend on

The dewa, as Mr Sharp said, to get judgment so to the Chamber of Commerce. In a matter of left (Mr Keswick), and the Hon. Mr. Low they were not to relinquish their efforts ach was actually nominated.

What most spatch from Sir Thomas Wade nominat- that the cases reserved at the Magistracy the utmost importance to the Governor of the cock and Mr. Gardiner Austin heard bis until that was accomplished. Oolony and to the Juuk-owners, neither had predecessor speak this, they must have people looked for was the Commission, and ifing- Sir Brooke Robertson as Commis- could be dealt with; I presume that object an opportunity of knowing what the views been aware of that basis. But who else? anything else was spoken of as a mere tem- sioner and the basis of Settlement by bas been served. has the judgment been wore which on this question Sir Thomas Not one in ten of those who were at theporary relief it had attracted little attention. Sir Brooke Robertson were sent to him. acted on?

Mr Kussell It has, I understand, been. Wade had recorded in writing. However, City Hall had the faintest conception of With reference to what Elis Excellency had That basis of settlement made this very these views they had now. He could only what was to be done; that the oruisers were said about the Chinese getting a quid pro important proposition,that we should acted on and taken as a judgment though say that he (the Governor) adhered to bis to come accredited really to an officer of quo, the doubt in his mind was would have a costore house on the Kowloon informally given.

The Chief Justica: Informally? It is as own views still on the whole question, this Government and that these Blockade the guarantee of the Chinese officials in this Penfusula just outside British territory, There was one branch of the subject which Stations were to be established to levy neighbourhood be worth anything? He and that in addition there should be re formal as possible. As regular as any judg it was important to have perfectly clear. dnes on this trattig. The Chefoo Conven; believed it would be utterly worthlese, and tained the stations at Cap Sing Moon, ment. The Chinese Government were entitled to tion was then to be brought into play, and that we should find, within three months, Choonghow and Fotow Moon. He was their revenue from the opium consumed in that would give the whole affair the effect that they were levying as much as they liked requested by His Excellency in conjunction China; there was a treaty provision on the of a treaty between the Queen and the in another way. If any person had the with the unofficial members to attend a subject between the Queen and the Empe. Emperor of China. So far had things gone power to give us a guarantee it might be meating of the Executive Council and dis- ror of China, and China was entitled to when he was appointed to the Gofernor different, but Sir Thomas Wado had been cuse this question. He then put it very that revenue. But by these Customs Sta ship of Hongkong. When the Nam-pak trying for years to get back eractions levied emphatically that the basis of settle- tions and by the Revenue Cruisers bleekad bong merchants came to him about this on trade and had been unsuccessful until ment proposed by Sir Brooke Robertson, ing our harbour they endeavoured to col matter they knew nothing about this basis now. How could he give us any such which he looked on as an outcome of con- lect a class of revenue which it seemed to of settlement. The Acting Attorney Ge- guarantee if he was powerless in such a sultation with Sir Thomas Wade,-did not him arose from the prosperity of this colo oral was to be connected with the carry thing as this? With regard to the salt afford that relief to the Oolong which the community desired and which the by and from the employment of capital loing out of this roheme of Sir Arthur Ken- trade, ho, like his hon, friend opposite, thefoo Convention was intended to give. of the Registrar to enter all orders of the bora ed by the testimony of the Opium

Revenue washedy. He was to represent this Colony in My Keswick, had not studied the ques Not only were they to have the stations, Court. thia colony in commerce.

But he (the speaker) tion; but it seamd to him that to interfere but the custom-houses as well: At thene collected or British goods, piece goods, on the Commission. raw sugar brought here and on refined could not consent to take the final step and with the salt trade large quantities were augar exported from Hongkong, and he had told them what happened

places would be an interference with the ing on the prosperity and created bythe pro the Honourable Mr J. Gardiner Austin foreign commercs of the place. It was s committee appointed by Sir never intended when this Colony was aperity of Hongkong, and it was unfair that were these stations should mate profit ont of the Arthur Kennedy to consider this mat started, never intended for a moment, that prosperity and on the capital of Hongkong, ter; that was the only fact of which the imports should be entirely confined to The Chinese Government was also entitled be had official cognisance; he did not the requirements of the Colony; the ides to revenue of another olans under the know whether they consented to this was that Hongkong was to be an entrepot.

But this me. The Governor: Hear hear. Treaty, that was on salt and saltpetre. It basis transmitted or not.

Mr Byrie, continuing, said that with

Mr Dennys: I have had no formal notic provided, that salt was to be contraband morandum was received at the Colonial and that there was to be no trading in salt Secretary's Office on the 28th of February, regard to the rights of these vessels that he understood the arrangement that had the judgment. I only got an envelope on the Coast of Chins, The question then it was registered as coming from them, it surround our harbour, it had been stated been come to was, with the sanction of, with the words "Opium case dismissed.

The Chief Justice: Who sant you that! arose, could we apply these treaty clauses was signed then, and furthermore the by those in high anthority that they are or after consultation with, Mr austio

Mr Russell: The Judge's clerk. by which halt was contraband so that the Consul at Canton and Her Majesty's Se- within their rights. He did not think this and the unofficial members. He did not

Mr Deanys: I considered that as simply Salt Commissioner, might get his full re-cretary of State for the Colonies weregin was so. No one could deny that their know whether there was any record of this venue without being driven to employ the formed that the basis of settlement in influence was hostile to the Interests of or how the thing was done, but that a friendly note to myself.

was his understanding of is As he The Chief Justice: An we have been means he now recovers it by. On the other question had the approval of the Chamber of this Colony and why, he asked, should hand how are we to give the Chinese Gov. of Commerce of Hongkong. There were Hongkong legislate for such people. Lord had been called on, he thought it so irregular all through, let us be regalar ernment their revenue on the opium. That now the Customs Stations as the result of Carnarvon had laid it down that "no only right to say distinctly that, nel now at all events. Let the question of

We have already In connection with the preceding case 3 was the problem to be solved. He main all this; the question was how were they to country is bound to help the revenue of ther Sir Arthur Kennedy, nor any other conts be fully argued. ted decided opinion that the whole of be got rid of. The hon. member on his left another" why then should we do this? As official of this Colony, so far as he said we are willing to hear that question aihermen and a doctor of the village of To-kwa-wan were each sentenced to six The Arge traffic of this Colony except only (Mr Keswick) had said that they should we got nothing from these gentlemen out knew, ever thought the Chinese had not a argued if you so desire it.

Mr Russell stated that he simply wanted months imprisonment with hard labor for And oplam ought to be perfectly free deal wib opium they dealt with all side-they gave to concessions, but, on the complete right to establish these stations

when they were dealing with a junk other goods. He would remind the hon.ontrary, were more aggressive in their acts and to search ships of their own nationality the judgment entered he did not desire the theft of 7 balin of opium, 30 ounces of

Their

eliver, and several pieces of clothing of the why stel with British goods on board, or member that by our ora ordinazoen opium of late Hongkong was not called upon to on the high as As a matter of lato argue the question of posts.

tornational law that was never disputed. | Lordsälpa asid, August Cana ubali i total value of $149, 100 quest for on from, vals port, she should' and salt were dealt with as exceptional sub. I give them any mortatanon.

His

ا

Mr Keswick was not sure there ever w 18 a meeting; but if there was a meeting or any understanding come to be had no doubt the archives contained recorda of it. The

would son Cokovial. Secretary's office tain them. It would be better pot to trust to defective memory in the matter, but to take the records of the office.

The Governor said the Attorney Genera! bad been able to inform him before who were the members of the committeo nomin- ated by Sir Arthur Kennedy to draw up the settlement. Perhaps he would do so now.

The Acting Attorney General said. his recollection of it amounted to this. As His Excellency had said, he was nominated, or he was given to understand he was to be appointed, commissioner under the

I

→

The Chief Justice: When was that? Let me have an affidavit of that. Let that be proved by affidavit of your Solicitor.

never heard of it.

Mr Russell: When we (Mr Hayllar and myself) were engaged with your Lordship, in Chambers the other day, I mentioned how the matter, stood, and your Lordship tolu me i must come to the Full Court.

The Chief Justice: My memory does not satisfy ma that ever a word was said to me about it. I have your memory for it.

Mr. Russell I would not come bera and state what was not abfolutely corrent.

The Chief Justice: Ob, of. course yon would'nt

Mr Russell: I think when Counsel informs the Court on a small question, with a view to refreshing Your Lordship's memory, his statement should be accepted.

Mr Rassell: No entry was made in the Registrar's books. En search by order of the Oatef Justice this was found to be so.

The Chief Justice: And now I have de

stroyed all the memoranda I had for giving judgment! How did this occur?

case.

The Chief Justice: You credit me with an amuut of knowledge that I really

Mr Justice Francis had the impression from the beating that there were hundreds of such places add shut they had not been unterfered with by previous farmers.

In reply to the Curf Justico, who asked whether tus ttorney Gow rai would take the responsibility of the woe on defend- aut being suffoteut for cu-day,

"Mr Rüsseli said he would take all

res,onsibility if format judgment, with coate, were now entered in hun client's favour.

The Chief Justice said the ordinary rule and a very p oper rule it was-was that when the judgment of the court batow was sustained it was a judgment with osca It was not right, while upholding the decision of the Lower Court, to throw doubt upon it as it were by refusing costs.

The quation was whether, this point (as to opium dros being opium) boing now brought up for the first time, the costs might not be refused Had it heea a case of the Opium Farmer being down on some poor man Bungle-handed who had not believed he was doing wrong in re-boiling bis opium dross, it would have been a hardship to saddie him perhaps with the costs; but as the Court was now informed there were some hundreds interested in the case, and they would be quite able to pay the osta. Ha was very strongly of opinion that, unless in very exceptional cases, the rule he had stated should be observed. The Lower Court should be supported in every way where it was proper.

Appeal dismissed, with costs.

Police Intelligence. (Before the Hon. C. B. Plunket), Tuesday, Dec., 3).

·LABOENT OF OPIUM,

Wong.Ao nu, 33, an opinn boiler, was charged with laroany of a quantity of opium

valued at $ 2

Sergeant Toomey proved the ffence. He met the defondan yesterday afternoon in Queen's Road West ad noticed that his Mr Sangster explained that he was pre-sleeves were very bulky. Ou boing searched sont as Registrar in the Summary Court, it was found, that prisoner had concealed on but took no note of the judgment in this tie person opiam to the value of $22, He

was employed by the Opium Farmer. The Chief Justice said it was the duty The Sargeant's evidence was fully corro

Farmer's accountant and ma ager...

Sentence, six months' impriso.mont with

Assaulting and OBSTRUCTING THE POLICE IN THE EXECUTI N ÖF THEIR DUTE Su Sumi Kau, Zö, hiriat, and Ip Alst,

Mr Daunys in reply to bis Lordship said

he unqause he was attending to a Summarysse to supervise the taxes levied. derstood the matter, it was left to Mr before Mr Jurtige Francis. He was not in Austin and the hon. the modicial mama position to instruct counsel. He might here to draw up another bais-he day, however, that he had received no 46, a ductor, were cha.ged with the above believed. Mr Keswick and Mr Low formal notice of judgment having been ook were the unofficial members. At given in this case," the next meeting he was not prosent, Mr Russell said Me Dennys had been being engaged, as well as Mr Phillippo, in informed of it by the Judge's alerk,

long case, in the Supreme Court, but

that revenne he held was revenue depend-hon. friend on the left (Mr. Keswick), audported from Saigon, Siam, and other stations there were to be European officers that he was presentia Court gimply be hard labour.

of

off

John Butlin that he went to the village of t appeared from the evidence of P, 0.

To-kwa-wan to execute a searon warrant for

opium said to have been stolen from a boat of the 10th in

After a mare of evidence of a varied character had been adduced, Hia Worship sentenced the first prisoner to six months in gsol with hard labor, and to be publicly ex jused in the stocks for six hours opposite the school in the village of Tor kwa wan; second prisoner to be discharged.

STEALING OPIUM. ARA