1929-06-15 — Page 17

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SATURDAY, JUNE 15, 1929.

WIDOWS' & ORPHANS' CONFLICT RESUMED LAW ON JURY

PENSIONS

EARLY MISTAKE

NECESSARY AMENDMENT OF LAW TO BE RETROSPECTIVE

OFFICERS AND EXEMPTION

In the "Government Gazette" is published a Bill intituled an. Or

•

and reasons

KWANGSI REJECTS PEACE OVERTURES

TERMS OF SURRENDER

Wuchow, Yesterday.

SERVICE

FINAL LISTS

PROCEDURE WHEN AGREEMENT

IS NOT REACHED

Section 7 of the Jury Ordinance,

The terms offered by the pro- POLICE RESERVE UNEXEMPT Government troops to the Kwangsi

In the "Government Gazette" is. remnants for the latter's surrender. being deemed (by the latter) to be published the draft of a Bill in- Ordinance to amend. these two tituted an dinance to

the conflict between amend further the Widows' & Orphans' Pensions Or

groups, to the west of Wuchow, have the Jury Ordinance, 1837. combined been resumed and the dinance, 1908.

Under "objects and reasons” it objects The

pro-Government forces appear to is stated: have met a reverse. Hundreds of state:-

Section 2 of this Ordinance will cor wounded rect an obvious mistake in section 3 (1) (e) of the Widows' and Orphan's Pen- sion Ordinance, 2008, Ordinance No. 15 of 1008. The Widow's and Orphans' Pension Scheme applies, generally speaking, only to permanent officers, but in 1931 it was extended to persons appointed on an agreement for periods exceeding two years. Section 3 (1) (e) of the principal Ordinance in its pre- sent obviously incorrect form would make the Scheme apply to officers' on agreement for periods not exceeding two years, whilst excluding officers on agreement for periods exceeding two years. This mistake must have occur ied in the printing of the present re- vized edition, because the section ap- pears correctly in the Law Revision Ordinance, 1921, Ordinance No. 5 of 1924, s. 36,

The Word "Not"

Section 3 naken this amendment retrospective, so as to date back to the time when the present revised edition of the Ordinances became the Statute book for all purposes, because every one has all along acted

word as if the "not" did not occur in the paragraph in question. The proclamation referred to is the prociamnation which brought the new revised edition into effect.

Section 4 inserts in the principa! Ordinance a section dealing with the case of persons transferred to Hong Kong who are already contributing to & widows' and

orphans pension The scheme in some other Colony. new section provides that such an officer need not contribute to the Hong Kong scheme. It gives him three months to claim exemption, the three months dating from the time when he commences to draw salary from the Government. The section applies only where the scheme to which the officer is already contributing is approved by the Secretary of State.

A New Position

The new section also provides that if an officer obtains exemption, any con tributions previously made by him un- der the principal Ordinance shall be returned to him without interest. Some contributions might have been deduct- ed while the officers 'claim was being dealt with. The reference in sub-sec- tion of the new section is to the cbtaining of exemption because a claims would fail if the scheme in the other

of

are being brought into 1887. Ordinance No. 6 of 1887, pro-

Tides that the Special Jurors List and. town from up-river districts.

the Common Furors List for any parti- The Kwangsi troops are willing cular year must be brought into force to make concessions, including the on the 1st day of March, and there is The retirement of the present division no power to extend this date.

section also requires that the list commanders, on condition that the persons liable to serve as jurors must Courts of the junior officers be kept in their be posted up outside places, and that those to be retired Justice on or before the 1st day of be given arrears of two months' February in each year, and there is also me power to extend this date. The pay. The officers to retire insist section also requires the consideration that their homes and property in Kwangsi be immune from confisca tion, but the Government's porters refuse to concede this Nan Chung Kuo News Service.

True Barometer?

of the jurors list by the Legislative Council in the second half of February. The rigidity of these provistona has caused inconvenience from time to time and has sometimes made very difficult

proper consideration of points aria- Jing on the lists. This amending bill gives the Governor power to extend the dates in question in case of neter- Transfer of Duty

Canton, Yesterday. As a sequel to the receipt of sity. unfavourable news received here

The Jury Ordinance, 1887, provides from the West River districts; the for the final settlement of the lista by notes of the Central Bank of China the Legislative Council. The bill trans-

the Governor în Coun in Canton again dropped several fers this duty points this morning, the present cil, who is considered to be the more

suitable authority. value being less than 80 per cent. The Jury Ordinance, 1887, throws on Mr. T. V. Soong, Minister of the Legislative Council the whole duty Finance, denies the report that the of selecting the special jurors. The gambling monopoly in Canton will bill provides that the list of special jurors shall be compiled in the first part of the war instance by the Registrar. The Regis- be revived finance programme.

trar will be guided as to the number of Mr.

Minister Sun Fo,.

af names to be included in the list of spe

provides for ង Railways, is expected to visit sial jurors as the bill

certain maximum. This maximum may Canton shortly, according to his be altered by the Governor in Coan- friends.-Nan Chung Ko News cil from time to time. The list of special jurors will be finally settled by Service.

the Governor in Council, and in settling the list the Governor in Council will not Wachow, Yesterday. be bound by any previous order made by him with regard to the maximum num- General Li Ming-shu, command-ber of names to be included.

Reward to Victors

'nave

assüred

ing the pro-Government Kwangsi As the date on which the two lists to be troops in Wuchow, and Mr. Yu for any particular year are

brought into use is no longer rigidly Tsok-pak, Chairman-designate of fixed by Ordinance the bill provides that the Kwangal Government by man the lists brought into use in any par- date of Nanking, have informed ticular year shall continue in force until the lists settled in the following their followers that they have been and will be financially assisted by year are brought into use.

The

above changes are inade by Nanking and that it is untrue that clauses 8 and 4 of the bill. Clause their army is in want. It is said of the bill is a temporary provision to all in the effect that the lists brought into use that they

on March 1, 1929, shall continue in Wuchow that no unlawful demands force until the now lists settled in

on the people for 1930 are brought into use. will be made

The bill amends the principal Ordin- funds, adding that Marshal Chiang: Kai-shek has instructed the Finance ance in certain other minor points also.

Police Reserve Minister, Mr. T. V. Soong, to

Clause. 2 amends section 4 of the follow them to South China to at Jury Ordinance, 1887, on the two fol Section 5 of this Ordinance is a tenu-

tend to financial problems.

lowing points. In the first place it. porary provision dealing with the case of officers who at present are liable to For their part in the capture of makes an addition to paragraph (2) which is intended to make it clear that contribute under the principal Ordin- Wuchow, Admiral Chan Chak and members of the Hong Kong Police Re- ance, but who will be entitled to claim exemption when this Ordinance becomes his feet will receive a substantial serve are not to be exempt from jury Canton Aviation service. In the second place, it omits law. Such officers are given three reward; and the months after the commencement of the Corpa will also be rewarded hand- the reference to dissent in paragraph Ordinance in which to claim exemp-somely.-Nan Chung Kuo News (8), because it has been objected that

Colony were not one approved by the Secretary of State. The new section is made

Apply in the case of schemes colonies, protectorates, mandated ter- ritories, and British India.

in

to

tion. Any such officers on leave at the commencement of this Ordinance will have three months after return from leave to claim exemption.

Service.

the word dissent is inappropriate where there is no established religion.

Section 10 of the Jary Ordinance, 1887, provides, inter alle, that a jury panel must be drawn by the Deputy Registrar in the presence of the Re- degistrar. This might be inconvenient, the and accordingly clause 5 amends sec- been has

tion 10 of the Jury Ordinance, 1887, by providing that the panel may be drawn either by the Registrar or by s Deputy Registrar.

A monument to Columbus,

Miss Whitney, signed by de- American sculptress,

unvalled at Huelva, Spain.

Thousands of acrės of the Lhuisserie Forest, a few miles from Laval, in France, have been stroyed by fre."

This

Alberta

Vaughn

Band: Touth 1

aint Love funny

TODAY ONLY

2,30, 5.20, 7.15 & 9.15. pillerink

Nathan fload Kowloon

– MAJESTIC

When Jury Cannot Agree Section 24 of the Jury Ordinance, 1887, provides, inter alia, that if a jury has not returned its verdict before all the other cases for, trial at the of Bare Bession have been disposed and when it sufficiently appears" that the jury cannot agree, the jury is to be discharged and a new jury to be em panelled. The word "session" is. not entirely free from doubt, but even if it means only a day's sitting, a case may easily arise where it would be anneces- sary to wait to the end of the day be fore being sure that the jury could not] agree.

Again, it may be doubtful when the point of time is reached which is des cribed by the words of the section "(when) all the other cases for trial at the same sitting or session, havi been disposed of." For example, two cases might be down for hearing on a particular day and only one might be disposed of on that day, or neither case might be finished on that day. Acordingly clause 6 of the bill alters the word "or" to "and" in the pass- age quoted at the beginning of this paragraph. The result will be that the court will have power to discharge S Jury at any time when satisfied that the jury cannot agree upon verdiot

The

Hungarian Minister Education is having gramophone records made of Hungarian folk songs and other music for dis tribution with gramophones to primary schoolanta Kar

Cairo experienced the coolest weather for April since 1902. Bain fel recently at Assqven and Wady Hilfe

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