1909-12-09 — Page 5

THURSDAY, DROHMEER 1909

MAGISTRATES CON DUGE QUESTIONED.

GROWN SOLICITOR THREAT. EAB TO APPLY FOR-A-

MANDAMUS

For Case To Be Tried According. To Law.

Mr Shenton applied before Mr J. R. Wood, at the Magistrnoy this morning, for the discharge of Lam Fuk Chín, who was romanded on Wednesday on a charge of -being concerned with three sibers, by means of fales pretences, of obtaining from Mr John Hastings the sum of $24,000 with Intent to chusi and defrand.

Me F. B. L Bowley, Crown Solicitor, appeared ur behalf of the Crown

Mr Shenton-ask your Worship to dischargs prisoner.

first

There were also

inmnvenience bemuse they realised, Cinks

responsibility to the community and cou

THE CHINA MAIL.

of the most important funtime a public- Hop Sir Har Kar, Colonial Secretary, spirited bunduses man falilled here was to Ground 16 Happy Hon Mr F. A. Bazzano, Acting Arro on a jury. The question, had not win for the Pullen.

bõen rnnhed through at a moment's notion, produce torney General,

Fures: Da "น

Hon. Mr A. W.Baawis, Reglatrar Gen Sta

Huster, Marennan

Hon. A. M. Tumor, Colonial Treat had received the warmest considera Maclean, b. Hoggarth

tion of the Garemment and many of the loading bodies of the Colony, It seemed to him that with a considerable body of people representing trade and the legal profession in favour of the Bill, should be accepted. He hoped the op position raised to the Hill would not pre- Fast it being carried, for he thought it measure of vital importance to the commercial prosperity of the Colony,

Boo. Mr P. H. N. Joxsa, Acting Director

of Public Works.

Palles.

Hon. Mr F. J. Basanar, Capt. Supt. of

Hon. Dr Ho Kan, Q.M.G. Hon, Mr W tex, CMG..

Hon. Mr. OškoRIE.

Hon. Mr MrzaAT ŠTIWANT. Mr C. CLEMENrt (Clerk of Councila).

STAMT GROCIANCE.

Hon. Attorney General, proposed the His Worship-I will bear Mr Bowley thind reading of the bill entitled An Us

dinance to amend the Law relating to Mr Bowley said that there seemed to be Trade Marks, AM a certain amount of: misunderstanding In the case. Sergeant Grant had brought the bill was read a third time and passed.

Hop. Oolonial Secretary seconded and this man from Maoss and he had been) brought before the Court before be (the Crown Solicitor) had been communi-second reading of a bill entitled An Or Hon. Attorney Genarai proposed the cated with. He did not know anything dinance to amend the Stamp Ordinance, about it until late the previous night, 1901. His friend had since come into the case under mistakon position. If the comthe bill was read a second time.

Hon. Colonial Secretary seconded and munication had been, made to him at the proper time ba should have been present to prosecute and that he submitted ho was entitled to do and no alteration was re- quired in the record

His Worship-If you inform me that you represent Mr Hastings-

►

Mr Bosley-I appear for the King- His Worship--May I put your name in the record?

Mc Bawley-No. I appear as the attorney for the King. The fact that Mr. Hastings mame is in the record is that the information was signed by Mr Hastings.

Mr Bowley then, went on to state the law regarding the point in question and added that an informant or prosecutor had nothing further to do with a cage if it had bean adopted by the Crown n that case

had,

Mr Shouton quoted the-section of the ordinance maintaining that prisoner ought to be discharged.

Mr Bowley-This is an indictable offence and a most serious ono. The informant is not the prosecutor.

His Worship-The point I want to get at is: Who is the prosecutor?

Mr Bowley-The King your Worship. The Crown can interfere in any private Frosecution and adopt it. I submit that the proceedings are perfectly regalar.

V

Ryan, b Malonnaru

amb Malerian Janings, b Malempan Gardener, d MaDomasz Archibaldi, b McLennan.. Sales, Parr, à Molenn Reynolds Adlington, weaned, not eat

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Hon. Mr Osborne, opposing the Bill, said he witîhe foreman of a jury, which repes. sented to Air John Carrington the great | hardship entailed, upon busy men in kitting very often for many days, listening to arguments of counsel and deciding pints of McEannsn law and wvidonos, which could much better - Flaggarth is be settled by the Judge. An alteration Langley was made in consequence of those repres

Gleasoning sentations to Sir John Carrington, who inte mid he would repwent to the Government JJ Watt 5 Rattan... the hardships and advised them be hold K. Halaman, Arebbeid, b. Far public meeting of protest. Shortly after A. Langley, retirart wards one of the most widely, attended. public meetings ever hald in the City ETC. Hoggarth, b Ryan

which they sat for several days, was A. Counsel, not out took place. The particular case they G. Glorfining, & Archbold, b' Ratt

Farz, o Sales, b Ryan had the misfortune. to try, and on G. Gerrard, b Gardener... trade mark case on condensed milk, Baker, not out aquabble between two membante. Another instance which led to an altoration in the LAW WAR a case in which a jury was empacalled of which be was one. whole morning listening They sat a to points of law, being discussed by two learned counsel, and then suggested bo the Judge that the jury raight be allowed; Rutter to retire until the learned counsel decided Ryan... allowed them to retire and they had Farr what the law was. The learned Judge Gardener

never met rince.

were the kind of things which irritated the com

R. E. t. 83rd Co., R. G. AF 'munity. It was not a question of shirking one's duties (Hon Mr Murray

These teams met in the first round of Hon. Attorney General proposed the Stewart Home, bear"). No Britisher the Soldiers' Club competition at _Happy socond reading of a bill entitled An Or.in the Colony had the slightest desire to Valley yesterday afternoon. The Sappars shirk his duty in -criminal, cases (hear, wern first to bat sad declared with 206 to disce to amend the Code of Civil hear), but he thought that every Britisher their credit. 8. M. Power put up his second.

and every one else who wis busy century this season, batting with an ease, man distinctly objected to the waste of which would have played havoo with even a over trivial little matters. better class bowlers. The ware

by 7 wickets and 177 runs, Scores -- Cpl. MacGregor, R.E., e Wright, b Mo-

Cartoney Opi. Tavazer, & Mala

The Council then went into committee on the Bill, when a new clause was added to the effect that the expression "market- ible socurity" should mean a security of auch description as was expable of being | sold in the stock markat of Hongkong. The Bill passed through' committee..

Frocedure.

CITIL PROCEDURE.

Hen. Colorini Secretary seconded,

Those

Tomi da

BOWLING ANALYSIS.

Oh, Hot So. Here's for A Merry *Christmas 1

Just What

To Give

His Excellency the Governor said this the one whose main prophesied that a disposed of for 96 and were the beaten CHRISTMAS &

"Hon." Attorney General sanomiced that the second reading would be postponed.

SQUATTER'S ORDINÄNOR.

amendment proposed by the Ordinance by within a very short period another public which the right of trial by jury wis ex-meeting would be held, and. His Excellency tended to all classes of casos originated in would be asked to again amend the law, memorial from the British members of the because the community was far too bury to have its time takes up in deciding trade Chamber of Commerco. Bo (Hia Ex mark cance.. bellency) sent that memorial to the Chief Justice for his comments upon it, and both he and the Puisse. Judgo opposed the change in the law. His Honour the Chief Hop: Attorney General proposed the Jastice gave reasons and explained various second reading of a bill entitled an Or instances in which a jury had been refused.dinance to Amend the Squattom Ordi-

mancs, 1890, He also made some very definite objections": to the contemplated change. He (His Br cellency) then sent his letters to the British members of the Chamber of Commerce, and they replied that the principal reason the memorial was forwarded we that from all

Hon. Golonial Secretary seconded and the bill was reeds second time.

The Bill passed through committee.

CHOWY CAKEL

-

Opl. Campion, b Spicer .... 5. M. Power, not cut. 8. 9. Keanu, not wat

Atras

Total (for 3 wkts)

• 89 Co R.GA;

蛤

16

....18

...109

17

42.203

NEW YEAR'S

Gifts for all.

Dainty gifts, Useful gifts. Gifts for Men and Women Gifts for Boys and Girls Gifts for those who can spend ...any amount, and gifts for those who needs must make every penny count.

Guur. Swation, Porez, b Campion... 2 Tptr. Burroughs, e Harrison, & Keane 8 Sgt McCartaney, b-Campion Ganr. Mills, b Campion... Gunr. Bogie, b Koane Gear. Stapleton, b Campion...,

b Campion... Gaur. Light, 1 CPL Spleer, a Harrison, b Keane.... Gunr. Sammersenden, b Campian... Gaur Weatherall, not out

Erimaa

His Worship-Isco Mr Davidson is here,quarters communications had been received in respect of Foreshore and Submerged Gunr, Kavanagh; e Cailin, 6 Campic

Is he representing Mr Hasting+7

Mr Bowley-No. He is one of the principal witzeaves. The case arises out of a mortgage put through in Meners Hastings and Hosting's office and the fraud was committed in the Land Office. Mr Davidson was the solicitor who attended to the completion of the mortgage.

His Worship understand that Mr Eastings is not represented.

Mr Bowley-No.

Mr Shenton contended that complainant sauet appear in person. The King never demenned himself to prosecute any of his subjects.

a

Hon Attorney General moved the second reading of a bill entitled An Or- dinance to exempt Crown Lessen grasted Lands in the New Territories from certain conditions imposed under the Foreshores and Sea Bed Ordinance, 1901.

Eon. Colonial Secretary seconded and the bill wie road a second time.

The.Bil paared through the committee stage, was road a third time and passed.

WIRELESS TELEGRAPHY,

Hon. Attorney General moved the second reading of A bili entitled An Or dinance to amend the Wireless

Tele graphy Ordinance, 1903, and the Wirele Talegraphy Ordinance, 1969.

Hon. Colonial Secretary seconded and the bill was read a second time.

read a third time and passed. mandi

The Bill was piloted through committen,

leading them to the conclusion that the public of the Colcay considered it to their interests that a jury should be obtainable if applied for by either party to the suit. They also said they had reconsidered the matter in the light of the arguments advanced by the Chief Justice but were stili unnimous in their opinion that the law ***abould be changed as proposed. The ques tion was also referred to the Hongkong Law Society, who supported the proposed change, and Hon. Mr Pollock, who was legal member of the Council, was also strongly in favour of the proposal. There must, of course, in any alteration of the law on so important a point, be several dis- sentienta in so large a community as this, and he had received a statement of .objoc tious from a leading barister in the Colony, and he believed also that one of the unofficial members intended to oppose the Bill The only reason the Bill was introduced into road a third time and passed, the Council was because be (His Excellency) believed that it was the wish of a large

Hon. Attorney General moved the majority of the community that the change second reading of the bill entitled An should be made. He felt however, that Ordinance to amend the Liquor Licences Extension Ordinance, 1908, and to repent Ordinance, 1898, and the Liquor Licencas the Liquor Licences. Amendment Or dinance, 1902.

Air Bowley-I submit this application is all moonshine and frivolous. Put my name in, that of the Captain Buperintendent of Folico or the Colonial Secretary's if you like. His Worship-That will meet the case. I propose to put Mr Bowley's name in the

Indictment.

Mr Bowley--No. The Crown Solicitor if you please. The information given to the Supreme Court is "The Court is in formed by the Attorney General on behalf of our Sovereign Lord the King," ato.

His Worship-It has always been done in this Court.

this Court which is very considerable I have

ORDER, AND CLEANLIN198.

Bon. Attorney General moved the second reading of a bill entitied An Or- dinance to smend the Order and Clean- linass Ordinance. 1867.

the bill was read a second time.

Hon Colonial Secretary seconded and The Bill went through committer, wan

LIQJOB. LICER JER.."

Total

·Polo.

In connection with the Hongkong Polo Clab quarterly tournament the semi-finala took place on Wednesday afternoon, at Causeway Bay, in the presence of a large attendance. The first match was between: the Buffs and the 13th Rajpura when the **teams wera :--

BUTTS-Major Eaton, It Crookenden, Et. Potter and L. Green.

· RAJTUïs:-Lt, Slater, L. Liepman, Lt. Marsh and Mr F. L. Roberts,

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Referees Mr Johnstone and Mr Lauder.in Hongkong. Every articla kept by a The Rajputs from their setting the ball first-class druggist is here. Everything. in motion pressed but Eaton effected several zellable. Our drugs are freal and pure clover sares with the back handed stroke, and from one of his drives Potter scored. Following up this success Croekenden scored the second goal with a high shot.

The Buffs and all the play in the second. chakhs and soored three gola, Crookenden Mr Bowley have never seen it done any change by which either an enlargement,

result of a free drive for a fool against being responsible for two, was being the in this Court and in all my experience of er curtailment of the rights of trial by jury

Liepinan for boring, and Major Extan never seen it done. Iappeur in my official might be made in the law, was one of such

scored the third from a pass from Green. capacity. The man is before the Court Importance and affected a principle which Hon. Colonial Secretary seconded and Marsh scored a goal for the Rajputs and And I proseente him on behalf of the was considered by all British subjects to the bill was read a second time.

Hoo. Attorney General announced that Buffs, & Rajputs, 1.

Build: Bajp sounded with the scores: 31, Queen's Road Central GENERAL ELECTRIC CO. FRANCIS WEBSTER & SONS be of soch vital importance, that such a the granting of licenses was transferred by Mr Shenton-The section says that the

The R.GA's and the Civilians then prosecntor or the informant must be before Bill should not be passed until there the Bill from the Justices as a body to a took the field when the teams were tho Cuart

was an undoubted majority in favour Licensing Board consisting of soven R.G.A:Capt. Brierley Capt. Loring Hi Worship-I am not quite clear of it, and that the desirs for members. Adjunc: liomoses ware to be Lt. Thicknesse and Lt. Finch, whether, personally, the prosecutor must change was not based upon any popular keepere and reassurant keepersand Gedge and Mr Johnstone.

divided into two classes-for-hotel- Civilians-Mx Elves, Mr. Lauder, Mr Mr Bowley-I ask your Worship to re- phase of feeling of the moment or of the grocers' licenses were to be abolished and Referees:-Major-General Broadwood mand prisoner. Anyone on the Bench of day. If those who opposed the change dealers' licenses substituted.

could show that they had any considerable

and Capt. Bell, R.E. His Excellency the Governor spoke on The Civilians had the majority of the play

Crown.

be before the Court or not.

HONGKONG.

VOLUNTEER CORPS ORDERS.

PARADES AT HEADQUARTIES AT 5,30 P.M.

Monday, 15th December, Maxim drill

this Court must go according to the law portion of the community who thought the objects of the messure, pointing out at the commencement dat were unable to and instruction in mechanismo. De Artillery

and I have never before-

own name.

I.

His Worship-To-morrow at 11.30a.m. 7 with thom, it would be open to the Go- that there would be a considerable vo score. Luring, effecting a clever save, dive and Infantry Cos Mr Bowley-For what application?

remment to consider what course should official majority on the new Board, and the ball wail up the field, sud Brierley Wednesday, 15th December, and Friday, His Worship-For an application by Mr be taken.

that continuity of policy would be assured. smartly taking advantage of the opport- 17th December, Instruction of Gonlagers. Shenton to discharge the man if the King object of the Bill had been to reduce the monopoly value of the publicans and ad- Elwes scored for the Civilians in the second Gun laying class.

Hon. Mr Murray Stewart said the It was desired to secure to the Justices the unity scored the first goal for the Gunners, All members of Artillery Unita can attend or the prosecutor does not prosecute in his number of cases in which special jurara junet licenses and also to fiilitate public. chokhe, making the score one all The

Mr Bowley-I protest against these pro-is would have at once nggested itself in the

might be requisitioned a good reason for house reform,

Gunners then took play in hand, and Loring coudings and I shall take steps to get the mallness of the special jury, lit, la Chaltmed, and Vice-Chairman of the Board run. The military foam continued to press drill

In committee it was revealed that the scored as the smalt of a fins individical Attomey General to move the Supreme view of the fact that the special jury list would be nominated by the Governor and and Loring, and Brioris ach added an Court to compel this Court. by a writ of mandamus, to conduce the proceedings man upon it was valuable, proposal to clerk at the Magistaary is to be secretary 4; Divilians, 3.

was so small and that the time of ovary the remainder would be elected. The first other goal, making the fmal score: E.A., according to law.

apart from the sating law in the dires-e-officio, and members are to serve for at 11.30 at

tion of adding to the number of cases in three years.

The case was adjourned until tomorrow

Hi

¡FINANCE COMMITTEE,

A meeting of the Finance Committee subsequently held. The Hon. Coincial Secretary presided, and the following votes

which a special "Jury might be called, An amendment (hat, and not S, form required the strongest ranson 5. Excellency had supplied strong reasons for The Bill passed through committes. "A

& QUOZUM WAS Bccepted. bra COLLAPSE OF A BOOF.

the action taken by the Government, and faller report on this matter will appear is from the suitor's point of view the explanato-morrow's baue Narrow Escape Of Inmates. tion was easy, Toby could all, he was azre, appreciate the advantage of being. About 7.15 am. this morning the roof tried by their peers, but inasmuch as it of H. 8 Beaconsfield Arcade collapsed with had been found necessary in the home of trial by jury to set certain limits upon the startling anddenness and without the alms of suitors, special jurors bere might alightest warning. Mrs Schmidt and Miss reasonably sak to have the very strongest Schmidt, who were sleeping in bed at the and most unanswerable reasons to show were considered and passed time, had a very narrow escape and were why these limite should he abolished In rescued with difficulty by the neighbours. a time when special jurors grossed under thi Colony. He (the speaker) remembered The miters gave way, it is believed, owing to the tyranny imposed

sum of 8100 in aid of the vote, Colonial pon them by the Secretary Department and Legislature, the presence of white and bat, fortunately requirements of ligacion. He did not other charges, for the following items for the fumates of the room, fell across the fee ware that there was at present any Incidental expenses, 450 newspapers, bed in an obliqus direction, which thus widespread demand for the proposed periodicals, sie, 350 ↑ Total $100. -

w that point he could not see his way to MEDICAL DEFASTMEIDA. support the Bill. He would suggood that of 100.72 in Lid of the vole, the matter be postponed to enable them Medical Departments, Hospitals and Key all to gauge public opinion on the matter, dercharges, wings of the Taps

Sinensis Fly, (8 quinesa);" more actually than had ip to date boản

prevented their receiving serious injury...

A GOUD HOUSEHOLD LINIMENT. W

WHEN a batts of Chamberlain's Pain Bali la keps in the house the pains. of buteur and salds may be relieved, ants and braises, quick!")

wellings promply radnoed and rhegmatism Fand Boersigis robbed-

1905 (alment, AS2 avery family monk

alteration, and until he was safiafled

Hon Mr Hewete hoped the Bill would

COLONIAL, KEGUNTARY'S VETALIMENT

be scepted by the whole Councily and said he could only express his rogest that much Asistig Eras

speech bould bars been made by Mr Stewart Het Derminl zember the tradit

Rugby Footballing

HONOTONO v. HMË, Tamir

PARADE AT QUAREY BAY Az 5,15 2.x.) Thursday, 15th December, Maxim Gun

ENGINEER COMPANY, Wednesday, December 16th, at West Fort, Kowloom, at 6 pm.

Musketry: Course at King's Park Bangs on Sunday, the 12th December, at 2 pm and 9:2. m.

JOINED:

The following have been chosen to play Mr Francis Aalsts joined the Corps on for the Hongkong Club against F.M.B the 8th instant, assigned Corpe No. 1118 Taniaz, on the Club Ground, Exopy Valley, and posted to the Engineer Company.

Mr T. G. Weall of No. 3 Company is per-

st 5p.m. on Friday:Shaw, Kempthorne, Kilby, Bayly, Oliver, Caxton, Clarke, Thickomme, Herthoots, Wolfe, Robertanti, Courtney, Temporisy, Biden and Melleaith mitted to resign with effect from the 6th

Asistants

Tour Dun, three soldiers and one

MH W. Petley of No. 1 Co, is transe civilan, were castaway from Cosmeeldor in famed En the Infantry Co. with effect from

gasoline launch on Thanksgiving day. the 3rd instante

Two days later the Manhar bound for --- Saigus picked them up at see and four days and for all months with effect from granted leave of Private FG, Carroll tar the

this date on

onfe found and the launch, The men ward la zam

and will be returned within a week or ten days. The lawích drifted 185, milan

WATCH POB

CHORELINOT, THE GOVERNOR'S CUP. Besalts of pompedien, held at Tal Way on 4th December,Winner Barby, second, Captain G. 9. Wood, third,

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