1910-01-06 — Page 5

THURSDAY, JANUARY 6, 1910.

DANGERS OF HONGKONG

ROADS.

ANOTHER ASSAULT ON A

FOREIGN LADY.

HONGKONG LIBEL ACTION

Interesting Point of Law,

Before the Acting Chief Justion (Mr W. Rees Daries, 5.G.,) and the Puispe Judge More European Polles Urgently (Mr Jastics Gumpertz), sitting as a Fall

Wanted.

We have frequently called attention te

the many assaults on European ladies which have ocem.red of hats within the Colony

outt, this morning, a point of law was raised in the libel action brought by the Basel Mission against the Chinese news paper, the Shrung Ps, pablished in Hong

kong.

ㄢ

THE CHINA MAIL.

Sir Henry Barkeley Barely I must be NATIONS AND THEIR RULERS FOR REAL VALUE permitted to say that they have no rights bo 1

în

GAY

In connection with the Colvard Week Frayer the third meeting was held oz Wednesday evening al" the Union Church- Hall when there was a good abbandanoe,

The Bar. T. W. Pearse conducted the meeting and dealing with the baljeat of pations and their rulers said that we

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Mr Siado continued to address the court, saying if judgment were giren for defend dants it was opets to Chinese newspapers. to go on belling missions to any extent.

Sir Henry Barkolay, for defendants agreed with his friend that the libel that cass purported to be a narrative of the events of a single day. Paraphrasing that,

stood where East met West is meant that the libel recounted a single occurence at the hospital-something that Bohind them were the centuries with occurred once, It was important to remember what the relief sought was for their record of legislation and administra it was an action for defamation brought by tion, beginning with the Mosaic law, the The point, which was reserved when the corporation. It was not an action for holy law," the foundation of the best things and have urged upon the authorities the case came before the Acting Chief Justice damages resulting from an imputation upon in the just government of the people,

some servant of the hospital Bearing in Decessity for strengthening the European and a jury, was whether the Carporation as mind the nature of the action lot them look The centuries had told them that the bast azm of the police fores. That cur roprusach wore compotent to me.

at the libel itzalf. He submitted that the wisdom had been attained through the sentations and warnings are not based ou

air M.-W. Sindo was for plaintiffs, while libel contained an imputation of a criminsi Roman empire and its code of bews and their offence, that it was a charge of murder or backward look was traught with suggestion idle fancies was again demonstrated on Sir Henry Berkeley, K.C., defended.":

Bir Side said the action was brought manslaughter according as they might look and instruction in respect of the results it Wednesday afternoon,, when a most doter-

at it, and that the Corption could notathored. So marked, as startling and so mined nesult was made by a Chinese ruffian by the plaintiffa, who wer

sue in respect of a bal imputing to

SKILLED ENGLISH WORKMEN upon a young European lady who waporation, incorporated by Ordinance it criminal offence-certainly not the fear engendering wore some of the con- walking along Caine road. The object of this Colony, for a libel, which they criminal offence of murder er manslaughter. trasts which the East presented in that

The If it could be bold that the libel was not sphere that they learned from the contrast THEY CARRY OUR GUARANTEE of the saxault was robbery, bat the lady in alleged to be a libel upon them.

OF WEARING QUALITIES AN question pluckily repelled her assailant and statement of disim stated that the plaintiffs an imputation of a criminal offenes but to praise and pray. Well may they seek

an allegation of improper conduct by a then chased him down Aberdoon-street, wors & Corporation and carried on the busi-person employed in the hospital, then that the Diving Grace to remember in their Unfortunately them were no police to coraeness ce profession of a medical practitioner imputation was a personal one to the person prayers theas whom they were most prone to her wesistance and in the cad the man at Ho Yaen in the province of Kwangtung, specifically mentioned in the ilbel other to forget. God forbid that they should got safely away.

Chins. By their defonce the defendants than the plaintiff and would not support ever forget their soldiers and sailors SAVE YOU $100.

an action for libel at the suit of the corpo This assault took place in broad daylight denied that plaintifs carried on, or ever rats body, because it was personal to the Never was there a time when it moto be. and in a quarter of the city where a cry for had carried on, such business or profession, employed and did not reflect upon the man- hoved them to remember the solitiers help should certainly be responded to by The plaintif Corporation gave evidence agement of its business by the Corporation, and sailors. Times of change and move- Mr Slade, in reply, submitted that the meat in the modern world were necessarily some member of the police forca almost as that at Ho Yeen they had a hospital under soon as attered. Yot there was nobody, the charge of a qualified medical man in question their Lonishipa had to decide was tires when soldiers and sailors had a

whether there was any evidence to go to

ONLY CAN DO IT. either European, Indian or Chinese to be their employment. At that hospital charges the jury that those untrue words injured large place in their minds and how con seen or heard in the whole stretch of road were made to those who could afford to the plaintiff Corporation in its trading or stantly and prominently were they in along which the lady pursued for would-be pay them, but in cases of extreme poverty business character. As a fact the jury evidence in this Colony, the great highway (20 years practical experience

here). robber. The occurrence of such an affair medical assistance was given gratuitously had found that the articlo did injure of the nations. The speaker also referred

the plaintiffs, who were sueing in re- in such a place and at such a time points to The defendants tendered no evidence at all spect of the injury to their business in eloquest terms to the work of the police verdict in Hongkong whom he wished his bearers on any issue in the case. So the position of and trading character. That the absoluto justness of the general com-

The servants of the to remember in their prayers. plaint that the police force of the Colony staffairs was that it is an uncontroverted fact was conclusira the present time is inadequate for the that the plaintiff society carried on the corporation wore necused of performing to temperance and the opium traffic lawful needs of the public peace. Of course business of a hospital and medical practi-their duties, in the ordinary course, impro conoladed & most interesting address and

perly, and in such circumstances that Chinese New Year approaches it is tioner at Ho Taen. Although it was proved action were brought against the Corpora- occasion was taken to refer to the services inevitable that there should bo-an increase in evidence that the plaintifs were a tion's servants, the Corporation would be of the Rev. F. S. Turbor, B... who was of the undesirabis element in the Boating missionary society and did not carry on the liable, assuming the allegations to be tr population of the Colony, sherefore business of a hospital for pecuniary gain, But they were falas. Therefore the Cor present at the meeting, rendered during

reason of those false allegations, could Society. TEAREN mora

proper yet the carrying on of the hospital in the poration, which had suffered damage by many years na Secretary of the Anti-oplam measures should be adopted to exercise way it had been proved to be carried on in recover damages against the person who a thorough control. Unfortunately the that case was, according to the authorities, had made these false allegations.

Their Lordships reserved their decisión. polies force of the Colony has been whittled the carrying on of a business. The question down to a dangerous extent under the of carrying on a philanthropic institution pressure of misguided attempts at economy in which small payments worn made for And the result is written broadcast for servicos rendered but no attempt was made overyone to read Surely the authorities to carry on the institution. at a profit had will now wake up, for the circumstances of been considered in a number of cases: the time demand that the call for more Counsel proceedod to quote a number of police should be mat.

thens. The business which the plaintiff Society carried on would be clearly business if carried on by any ordinary person for the purpose of making a prost out of it. The Corporation was merely a legal entity which carried on euch business, profession, or calling as it did in fact carry on by means of persons in ite Before the Acting Chief Justice (Mr Wemployment Counsel proceeded to in Reea Davies, K.C..) and the Puisse Judge diente precisely what a libel was, quoting (ir Justice Gompertz), sitting as a Full from an authority to the affect that any Court, this morning, Mr. M. W Slade written words were defamatory which had applied under the Chinese Extradition a tendency to injure the plaintif in his Ordinance for a rule nisi directed to the calling, profession or trade. In this case Captain Superintendent of Police to show the words used were actionable only if they cause why San Ah Wan, new detained were spoken of the plaintiffs in the way of In Victoria Gaol, should not be discharged their profession. business, or trade. The jury were nakad: by the Chief Justice from custody.

whether it was a libel on the plaintiff society.

-all the

that

INTERESTING EXTRADITION

CASE.

Chinese Right to be Heard.

4

The Acting Attorney General (Hon. Mr F. A. Enzeland) and Mr C. G. Alabaster appeared for the Crown, and Sir Henry Berkeley represented the Chinese Goverd

racnt,

Mr Slade asid his friend Sir Henry

Berkeley was sppenting for some person

unknown for whom, so far as he knew, thero was no sight of audience in that Court at all.

Sir Henry Berkeley held that he had right of ́audience, saying that he was merely acting in accordance with the esta blished practice in England and the practice and custom of the Hongkong Court. He quoted a case which came before the Full Court in 1887 in which Leung, Ah Foo was brought up on a wait of habens, arous and when Mr. Francis, Q.C., appeared on behalf of the Chinese Government

in support of the warrant of commit

mene. He (Sir Henry) presumed that the fact that Chips had no representa tive in Hongkong formed the reason for the omission to serve the Chinese Govern ment with a rule nisi in this case. There was no diplomatic representative of China here, but there was a representative other than diplomatic. ・・・

The Chief Justice Who is the repre- sentative of the Chinese Government!

Sir Henry Berkeley--I am, and I ask to be heardz

Mi Slade-Te etained?

Sir Henry Berkeley-The sole point re Farved was whether or not the Corporation were entitled to que

Mr Slade-But I must clear the ground in order to get down to the bod-rock

ther whether the

ARRIVAL OF SIR JOHN FRENCE.

મૈં

Reference

CORRESPONDENCE,

THE CEMETERY QUESTION.

General Sir John Fruch. "the famous Cavalry leader, who is at present on sof the rapid filling, of tour of inspection of the British garrisons in the Far Enat, arrived in the Colony this morning by the P. nad U. Afail steamer Devanha. Eo was necompanied by his staff and was officially mict and conrayed to Headquarters Rosé.

REVIEW.

Old English Colour-Prints, being the Special Winter Number of the "Studio"

(To the Editor of the Chixa Maze.")

Stn. For some tire past the question the Colonial Cometary has occupied the attention of the Sanitary Board and the discussion at Tuas- day's meeting on the report of the select committee appointed to deal with the. question, throws a curious light on this maahabated subject-The aclitica the select committee came to is, to my mind, a fotally inadequate one and such a scheme to was proposed of exhuming the bodies of those persons who occupy graves which are

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not cared for by relatives or friends and No Subscription. A very happy choice was made by the reinterring them in another part of the Editor of the Studie, when he selected Old comstery would not for a moment be tole English Colour-Prints to be the motif for Linated at Bome. A pacion comes to Hong-

DURCHASER of

one Novel special winter number. After a long period kong, say, for a term of years during which

at $1.00 becomes a mem of undeserved neglect the beautiful colour time death takes place. He or she is aloge printa of the eighteenth century have come probably, except for a low personal friends to their own again and though the and scquaintances. Their relatives are in craze for them has not been quite so England, or perhaps in other parts of the ber and is entitled to exchange pronounced, as was the case with Japs world, and they know no one in Hongkong same for any other novel on nese chromoxylographs, the records of the whom they could su to look after the grave auction-room of late years show that cal- of their dear dead and the consequence is payment of 20 cents cash, Horg lectors are prepared to give hundreds of that, the grave is untared for, but who will kong currency, for every change, guineas for choice specimens which origin dare to say that the bones of the occupant upwards. To many people Bartolozzi ia the one and orly name of importance con. nected with colour-pricta, but Mr Malcolm C. Salman, who contributes the letter press of this very charming number, traces the beginning of the rebool to Jacob Chris- topher Le Blan, a remarkable man whose ingenione mind and restless, enthusiastic temperment, led him through an artistic

Proceeding, he said the jury were far-sily were published at five shillings and tiene in the libel on the doctor and missionary did in fact damage the plaintif

society

The Chief Justice-lint was your case. Sir Henry Barkeley-Always assuming they had a right to sum

Mr Slade The jury found that the words did injure the society.

Sir Henry Berkeley-I don't deny that Mr Slade The jery held that these untrae words did injury the society.

Sir Henry Berkeley- they could sue. Mr Sinde proceded to deal with the right of corporations to bring actions for

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carear of much adventure and many in connection with the majority of them vicissitudes. Be induced some wealthy dabblers in art to start a Picture Offics, Britishers are familiar with the amount of libel and slander. Ha quoted an authority but after turning net some 4,000 copies of trouble and the various procossos that have to the effect that a Corporation was capable prints at a cost of £5,000 and involving to be gone through before a body can be of being defamed in respect of its basiness; his shareholders in a loss of £2,000, be exhumed at Home and this being ac there

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man who succeeded in making the colour. seems no reason why it should be any that the law of libel was one and the

print popular. He was fortunate in baring assier in Hongkong. Colonel Bedford in- same as to all plantif, and that every action for hibel where the statement enthusiastic collaborateurs in Angelica stances the cases of ezhamation in Catholic complained of was or way, not a libel Kaufmann and John Baptist Cipriani, who countries but the gallant colonel was careful depended on the same question, namely, supplied him with subjects which caught whether the jury were of opinion that what the fancy of the public taste. Then when to mention that people there had the op- 31, had boen published with regard to plaintiff Morland began to paint the homely scenes portunity of burying their dead elsewhere would tend in the mind of poopls of of rural life which the English picture buyers than in that particular part of the cemetery. ordinary sense to bring plaintiff into have always greatly preferred, he supplied contempt, hatred or ridicula or injure his the colourprinter with subjects which they Out bera in the case of the "dessitats character. Mr Sinde said it was so that could hardly produce quick enough to their relatives and friends are no doubt there might be a charge of libel brought satisfy the enormous demand which at once unaware of the conditions attaching to

Sinted sprang up. Then Downman took against a Corporation which was of such a character as to render libel meaninglean, stipple-engraving and through him and the Colonial cemetery and their dear ones becanes the Corporation would be impos- ethers Romney and Gainsborough, Cosway are buried before the relatives.

And Beynolds were introduced to the be communicated with even by cable, sible of moral injury

Supposing the recom The Chief Justico-Wonid not murder print-buyers and some of the loveliest faces and therefore no hach opportunity can be

And figures in England. found amortality offered them. be such a case?

Mr Slade-It all depends.

DODWELL & Co., Ltd., MACHINERY DEPT. If it were through the art of this lowly handmaiden mondations of the select committee are

of the stacio. With the coming of coloured adapted and the exhumatious and reinter- the generally diminishing quantity of fine Quotations for any description of Machinery or Engineering Plant on application to cipal Corporation that it committed aquatints colour-printa entered upon their ments carried out, in five or ten years the teas available. Now, however, The Daily

KITSON LIGHT murder, it would be no libel, because decline, for lithography, was now not far off am thing will occur again until the time Telegraph adde,, there are agns of a

Municipal Corporation cannot, com But as the glosteenth century drew to its will eventually come when it will be im The Chinese Government make no claim of mit murilet But where it is said of close the colour prints owerged from their possible to use the space again and the change which is calculated to encourage the long seclusion and now they can be said to cemetery will have of necessity to be the growth of fine varistics. The per

closed. Then again, we have the ever a right to sppear here, but following pre- Corporation which carries

DODWELL & 00., LTD., Sole Agents, cedent I hope your Lordships will hes: mo. business of a hospital that they had con- have come into their own again their own,

as on the island and their needs may in varieties, especially in Enia, should mind how many counsel appear against me pressional manner that death resulted

Mr Slade-Lam not concerned. I don't ducted operations in such an unskilful and and perhaps a little bit over, as Mr Salaman increasing population in Kowloon as well sistant foreign demand for the best A Brilliant, Safe and Cheap Illuminant by Kerosene 01. the near future be expected to be met. Among the forty specimens of this dainty Caughter)

and their carelessness and ignorance på all ordinary rules of the profession were such alluring art reproduced in the Winter What will be the result? Surely it will make producers less dependent upon the nocordance with precedent

that the death amounted to murder on the Number of the Budid are many well be that the Government will be faced Home trade, while there are also indications Mr Slade Well, I'm not concerned part of the person who did it, I submit known to the general public, but there with the provision of a zc cemetery of an improving public taste in England, either way I the British and Chinese that undoubtedly might be both a charge are others which will come as a great sur- and practically the same difficulty which which was the most interesting event of the Governments like to have a fight in Court of murder against the individual and a prise to all but collectors Many of faces them at the present day will recur

Sir Henry Berkeley-Of course I am retaiat or I should not be here. The

question is whether the Chinese Government has any locus alandi. Í say it lins. There is

no possible reason why the courtesy of this

sourt should not be extended to China

Sir Henry Berkeley pressed his right in

bows, k

aid of Corporation which was a Mugi

ou

observes.

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well all I can say is, more power to their charge of incompetence against the Oor these after Angeljes Kaufman, Cosway Thes the whole queation will crop up year. The deliveries of tea for Home cas poratios. Libel may affect two sets of and Morland aro Veritables gems, making gain. But why not meet it before it is to November 20 amgusted to 7,000,000 lb.

be obtained at Kowloon, and in a Colony After their Lordships had conferred the persons, the individual and the Corpors: one long to gate upon and handle their too late. No doubt suitable ground could above those for the similar period of 1908 JOHN & ROBERT HARVEY & CO., LIMITED.

originals. Romnes Mrs Jordan" in the Chief Justice add ;-?! We have bofora de tion. a dirvet precedent for the Chicane Govers- The Chief JusticeAlthough the Car character of The Country Girl," known like Hongkong with the shipping facilities This increase is attributed to Old age mont bring represented in this Court, and poration itself is physically impossible of better perhaps as The Romp Thomas e disposal the difficulty of transport Pensions and the decline in the comezan-

Burke's Finaldo and Armida, and to Kowlona ought to be dued a ithout any way endeavouring to committing the act alleged f ericicise or set aside the decision, of the

Mr Blade-It is perfectly capable of Wheatley's Crics of London are charm oo. Beside, lo a general way it in just tion of slcohol and tobacco. The re-exports Valley and the expense would be very parious year. The prospects for the Homo Chief Justice in (ie case cited, we are committing acts, but it is not liable to the ing in every way while the exquisite sexsy to go to Kowloon as it is to Happy amounted to 9,431,000 lb. more for the disposed to hear Sir Henry Berkeley for penalty. Your Lordships oss draw Mademoiselle Farisot by 0. Turner in really little more than it is at the present time. Eade for 1910 are at prosent good. the Chinese Government, and we will disting ion between a series of acts which a thing of joy los ever-

The purchaser of this Winter Number is The cemetery question cannot be pat off consider the point raised by Mr Blods and will in the case of an individual render them give mom full, ressons for the course we able to the pensity imposed by criminals very lucky person, for the collection of for all time and sooner or later will have adopt in a judgment hereafter

Ew and the civil consequence of those old, English colour prints found within its to be taken up seriously. Yours faithfully,

Mr Slade, in making the application, said as acts when committed by an individual porers gives one does to a region of

rates baug beauty and delmetable contentment high

hia zonanse Ware, first, that, there was no on behalf of his employer. O prisoner was a subject of Chine;"

Bir Henry Berkalay ontended that no before was only possible for a few to alisin secondly, that no warrant or its action could us because this libel was in Now one enters into Kingdom at such a equivalent proving any socusation made in respect to property situated beyond Hong modest ontley of the coin of the realm China had been prodacod

kong. The corporate property was limited that the price some ridiculous,

EsThe hearing was ndjourned.

to Hongkong.

The Chief Justice-Rightly or wo

I differed from you there otherwise I should hars withdrawn this case from the

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