1904-07-28 — Page 3

Page

SUPREME COURT.

-0

Wodnesday, 27th July.

IN APPELLATE JURISDICTHIN.

HeYouS HIS HONOUR SIR W. M. GOOD- MAN (CHIEP JUSTICE) AND T. SERCOMBE SMITH (PUISNE JUDGE.)

THE HONGKONG DAILY PRESS, THURSDAY, JULY 29TH, 1904.

The Attorney-General answered that he did hold] sub-not think olfactory offences came within the

section.

The Chief Justice said that if one were walking close to him in the highway it would Lave the same effect.

The Attorney-General asked the Court if a 10 feet spear being carried along the previost would not be calculated to annoy ? Personally he should be extremely incommoded.

the aub-section would in effect be to that it was no offence against the section to drug along a footpath a bundle of long bamboo or tir poles, because neither was justlen generin with either a lurzel, a cask or a butt. It was hawever submitted that the gens, the class of objects contemplated by the Ordinance, was not the limited genus within which came harrel, cask or butt, but the wider genus which comprehended everything, incld- Mr. M. W. Slade, barrister-at-law (instructeding of course, barrels, casks and butts, which by Mr. J. Scott Hurston, of Messrs. Ewensand Hareton, solicitorsį, upprored in support of au application to adduce further evidenco in the mattor of the claim of Tang T-z U, 54, Holly-assengers" bad best absent from the sub- | cal impediments. They must in such cases wood Road, to land in the Now Territory in C. A. Bnercy District, as against the Attorney.

General.

LAND COURT CASE.

The Chief Justion suidhe nderstood that au order bad been agreed upon sabject to the upproval of the Court.

Mr. Slude stated that the Crown had agreed. The Chief Justice said he had gone carefully into the proposel order, which provided that the appellant a affidavit should be filed before 18th August and the respondent's on 1st September, and that the ease be sut down for hearing ou 1241 September. As both parties were desirous that this order should he rule it seemed to him fair and right that the permission sought should be grantel.

BAMBOO TOLES ON TRE SIDEWALKS.

was calculated to annoy or incommodo passengers using the public footway. But even if the words calculated to annoy or incommode

Mr. II. W. Lok r, solicitor, of Messrs. Beacon, Looker and Deacon, who appeared on behalf of the defence, svid ko and no objection.

The charge was withdrawn.

BEFORE MR. J. H. KEMP (SECOND POLICE MAGISTRATE).

A PRIVATE RICKSHA, Juha Harrod, a sailer from the E. D. Sutton was charged with being drunk and incapable; and a ricksha coolie was charged with convey. ing him in an uulle need ricksha,

The silor was dued $1, and the rickal,

The Puisne Judge hell that the real point was whether it was aimed at in this sub-section,

The Chief Justies was of opinion that it anned at keeping the pavement free from physicoolie 810. trust to the commonsense of the police and the Magistrate.

The Paiste Judge said everybody ailuuitted that abamboo pole would annoy and inconruudo, hut. ho repentod, does it come within this section?

section, even if the general words had con confined to the words or other thing," those words would not be restricted in their meaning by the words "harrel, eask or butt." because it was clear from the scope and intention of the Ordinance that those words were not used in the

The Attorney-General held that it did. limited order of ideas to which the words "barret, cask or butt" belong; that was to say,Where two constructions of an Ordinance was clear on a consideration of the whole were possible, I said, it was the duty of the section that sub-section 11 was not intended to Magistrate to adopt that construction which be limital in its scope to such things only as would promote and not defeat the object of the were ejusden generis with barrel, cask ud butt. Ordinance. Te strain the meaning of the Act because it would be futile legislation to forbid as passed by the Legislature was to defeat the barrel to be rolled along a footway but to per- Act.

it a large bundle, of long poles, for instance, to be drawn along the footway. Without the words calculated to annoy or incommode pus sengers," it would still have clearly apparel

The Fuise Judge asked whether it was not the Crown that was attempting to strain the language of the Ordinance. He supposest the Attorney-General agreed that a barrel, cask or

LAKCENY.

A Cliuess postman was charged with pawa- ing a watch entrusted to him. He was sentence:t to six months' bard labour,

A DISHONEST SELVANT.

Mr. Entlonjes, of the Kowloon Store, elarg. ed one of his delivery coolies with stealing a box of chocolates, value $6. The defendant was sentereed to six we ke' imprisonment and six hours stocks.

A WARBANT. 199UED.

A woman, out ou $100, bail, oberged with buying girls, did not at in an appearance at Court. Her bail was estreated and a warrant

issued for her arrest.

m

THE HEIGHT OF INFEDENCE.

A Chipesu servant was charged with larceny,

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Tougheng, 16th July, 1904. southern border. As a matter of fact, however, the ink was not dry on this contract before an official publication by the Minister of Foreign' Affairs at Paris congratulated the Freuch people on the success of French diplomacy, and made the following statement: The result secured is due to the perseverance of French and Belgian ennfacturers, actively seconded by their respective governments, and the representatives in China of Franco and Belgium." Mr. Denby goes on to show HAVE YOU TRIED how a contenet for this line was first offered in 1896 to an American syndicate, which, having your to the lugth of sending a survey party petition. The Belgians, backed by France and over it, dropped it in the face of Belgian com- Bussin, agerly seized it; terms with them were no object. They wished to get the contrnet

sure of being able eventually to modify the

He stole $45 and a money order from his into their hands and cut off competition, feeling master, went to Canton for a "spree," and thou

bard labtur.

Hon. Sir Henry 8. Berkeley, Attorney that the object of the legislation was to presentbutt was a thing calculated to annoy or in. returned. He was sentenced to two months" contract to suit themselves.

were

Tassengers using the public footway from being annoyed or incomoded by things being carried or rolled upon it. Moreover the use of the word carries" as well as the word "rolls"

a wider indicated that the sub-section bud scope than it would have if it limited to barrels, casks, butts and things ejusden generis thorowith, bonuse barrels, casks, butts and such like usually were

The word

carried not curriel but rolled. must therefore be taken as referring to other 8euera than the genus within which harrels casks and butts are comprised. The sub

or

commode?

The Attorney-General suit be most decidedly Aid, especially if it rolled between one's legs.

The Puisno Judge coutended that the words "or other thing" would render unnecessary, on that construction. the words barel, cask or butt,**

The Attorney-General admitted that it could have been made short by simply saying that any thing rolled or carried." The object of the Legislature was not directed to harrels, casks and butts alone, but they were included for the purpose of the Ordinance among the thing calculated to annoy or incoramode.

The Paisne Judge asked if the sith-Hectic would refer to a dripping umbrella?

a

The Attorney-General hold that it would. if the umbrella was big enough. If it was

General instruated by Mr. F. B. L. Bowley Crown Selicitor), appeared in support of an appeal by Wai Claug, appellant, and Hung Hei, respondent, against the decision of Mr. H. H. J. Gompertz magistrate, in dismissing a case in which the respondent was charged with carrying a baboo pole on the pavement The Attorney-General stated that at the Pole Court on 27th May, and 16th June, 1904, an information prefered by Wai Chung, the appellant, under Section 2, sub-section 11. of Ordinance No. 14 of 1815, charging the respondeat with unlawfully carrying a bamboo

be construed ELS section therefore must pole on the public footpath ut Praya-East, snch pols being calculated to annoy and incompidde

rolling upon the public prohibiting the passengers thereon. on 17th May, which in formation was dismissed by Mr. Gomports. The footway of muy barrel, cask or butt sppolland being dissatisfied with the Magistrate's the like, and also as prohibiting the carry- decision as being erroneous in point of lawing on the public footway any other thing calculated to aucy or incommode passengers. applied for a case to be stated under section 90 case strongly in point was Skinner v. Show, doll's unbrella the Magistrate would dismiss of the Bugistrates Ordinance. Mr. Gompertz, where it was held that having regard to the the case. but not so if it was a huge umbrells upon the bearing of the information, found as a

The Chief Justice agreed that in such case fact that about 6.45 pm on 17th May respond object of section 32 of the Potents Act, 1883, such as ho had seen the Chinese use.

in constraing the reference to "threats" of

a lot had to be left to the discretion of the police. out was walking on the public footway on Fraya legal proceedings by circulars, advertisements

The Puisno Judge said this was a legal point, Fast near the entrance to Tai Wo Laun, that

and the question was, Should it be left to the the respondent was then carrying on kis shonkler a large bamboo carrying pole; that it was carried in such a way as to oustanet the footpath ejusden generis with circulars and advertise: discretion of the police? He was in favour of and to be calculated to annoy and incomataotlets, but were to be regarded us extending the stopping this sort of thing, but had they the previous words so as absolutely to prohibit any power to stop it? This was a very difficult case, passengers thereon; that the pole was not being threats whatever of legal proceedings unless and as it had only been brought before him that

Further, day he preferred to defer his judgment. carried by the respondent for the purpose of

The Chief Justice stated that he was quite being housed or for the purpose of being loaded peelily followed up by an action. en any cart or surringe on the other side of the the general scope and object, of section 3,

the intention of which was to prevent unprepared to give judgment then, bat in deference footway. The Magistrate further found as a

kances of various kinds in public places, to his fourned other he would defer bis fact that the pole was used by the respondent, required that the words or other thing judgment als

The Court adjourned sine die. a carrying voolie, as a tool or implement of should not be restricted in mening by the his trade. On the part of the appellant words precoding. The words should be given: it was contended that the general purpose of the

the fullest and most extended weaning. A cas Ordinace was to make provision for the good order and obanliness of Hongkong and its dopendancies by prohibiting nuisances in public thoroughfares; that among such nuisances was the obstruction of public roads or footpaths in various ways, as by placing merchandise there. oa. putting out poles or blinds, riding, driving, or leading horses across the footpath; that in süb-section 11 of section 2 the general words *other thing" wore not limited in their meaning by the specific words "barrel. eask or butt"

whatsoever 60

or otherwise," the words or otherwise" were not to be restricted to threats by measureN

strongly in point was R. v. Edmundson, where Statute 17 of George III, cap. 58, which authorised justices to issno search warrants for stelon goods suspected to be concealed in any dwelling-Louse, oathouse, yard, garden or other place," was held to include under the Fast words" other place" a warehouse whick was a milo and a half from the dwelling-house. Or. ditarily a warehouse would not be considered ejusden yeteris with a dwelling-house, but in

now

POLICE COURT. Wednesday, 27th July.

BEFORE MY. H. H. J. GOMPELTZ (ACTING POLICE MAGISTRATE).

A HALF HEARTED PR SECUTION. Albert Davies charged a foreignor with larceny of a gold watch and chain vained at $350),

The defendant was described us a merubant residing at the Alexandra Boarding Honze,

Complainant gure evidence that he set the the "Theatre people" went away. He could not say what dats it was.

Mr. Gompertz said he was not going to take He that sort of thing from the witness. ordered the man to stand down and refresh his

memory,

Complainant said he wished to withdraw the eborg.

ASSAULT.

An Indian convicted of assaulting a rative policeman was fired $50 or two months' imprisonment. He wrs an old offender.

BELGO-AMERICAN RAILROAD

ENTERPRISE.

The statement has gone around the news. papers of the country that the recognition by Railway as an American enterprise is calculated the Department of State of the Canton-Haskow to increase Americus in finence in China and is a notice of hands off" to Russia.

It happens that nothing could be much farther from the truth. There can be no ques- tich that, as originally organised and planned, this enterprise was accepted as evidence that

Américas energy and capital would be freely employed in equipping Chinn with the appliances

of modern civilisation.

The concession was

It would seem that the history of tho Peking. Hankow concession was, about to be repented in that of the Hankow-Canton. The latter con tract, which was secured in face of the persistent. opposition of the concessionnaires of the Northern road, was described by Mr. Denby as "a simple business matter, having no political Tackground. His view of the enterprise was simply this "It is intended on the part of mesus of communication China to establisk while it is the porpose of the Americans through three rich and prosperous provinces, interested to obtain a profitable investment and to enter an attractive field of industry.” Mr. Denby was quite right in his assumption that the undertaking woull be favourably regarded in Washington, and he was quite justified in the assumption that "France and Belgium will be less inclined to interfere with it since our little

episods with Spain." Put. anfortunately, the American capital as has beou anticipated, and enterprise did not prove so tempting to seizing a favourable opportunity, the Belgians Be- complished by the simple process of purchasing a controlling interest in the stock of the American China Development. Company an apparent right to dispose of the Canton-Hunkow concession at their pleasure.

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given to Americans on the special ground that it was highly desirable, for the future of China, to enlist in the work of developing the material resources of the empire the aid of a nation

The action of our State Department in regard which not only had no designs of its own on

to the status of the company, which has the the territory of China, but which was vitally interested in counteracting the designs of other

the United passed into foreign ́hauds, derives new interest nations on that. territory. Both by the ro presentatives of China and States this point was strongly insisted on when from the reported determination of the Chinese the contract was signed with the Brice syndi-Viceroys whose provinces are to be traversed cate in 1898 for the construction of the Canton by the railroad to refuse to recoguise the Hankor Railroad, and that ecntract expressly validity of the concession in its present hands, guards the nationality of the enterprise against Wuchang and Canton appear to have more alienation. When Goneral Parsons and his acente information on this subject than is surveying party went over the vente to be obtainable in Washington, and as it happens to traversed by the proposed American railroad, be the Chinese authorities who must be the the advent of citizens of the United States in ultimate judge of whether the American con cessionnaires have lived up to their contract, it the field of Chinese railroad constructions was ovorywhere the subject of congratulation. Mr. is the verdict of the Southern Viceroys that Charles Denby, Jr., who accompanied the party will carry weight at Peking rather than that a magazine article of our Department of Stato. Happily, our us interpreter, said in pablished in 1899, that he would never forget Government reserved its right to couse its the enthusiasm with which the people and the recognition of and assistance to the American oficials along the line welcomed Airerican Chim Development Company in case of any | “HONGKONG DAILY PRESS' co-operation in Chinese railway construction. change in the organisation or conduct of that

31 QUEEN'S ROAD CENTRAL

(First Floor Watkin's Building

Hongkong 18th, February

THE

1940

JOB PRINTING DEPARTMENT

OF THE

APPLI-

action. Confronted by the proofs on which the interesting book An American Engineer in Chinese Government bases its attitude toward AND MOST UP-TO-DATE China," General Parsons says that in the work the concession, the Department of State is not ANCES FOR THE PRODUCTION OF of regeneration in China the influence of the likely to persist in considering the American FIRST-CLASS WORK. United States "should be, and for many reasons

faith an American company.New York Journal inevitably will bo, a preponderating weight." China Development Company to be in good

of Commerce.

Thus, he added, following the rule that the world's progress has always been from the rising to the setting sun, "after a lapse of five thousand The private secretary of the complainant gave years, the youngest of the great, natious is evidence that the defendant had admired the preparing to pass on, or rather to return, this complainant's watch in the Hongkong Het.light to the oldest, whence it starled on its

*ciream-orben journey. Tho defendant saw them home, and the watch was afterwarde found to be missing.

The caso was adjourned for further evidence, defendant being allowed bil upon his own recognitonces.

*

SANITARY BOARD.

For the Sanitary Board meeting to-day (Thursday) the orders of the day are us follows:→→

1. Application from Mr. Wong A Chi, Contractor, requesting that his name may be placed on the list of authorised contractors.

ALL DESCRIPTIONS OF

[ LLUSTRATED

CATALOGUES,

CIRCULARS,

VISITING CARDS,

AND

which preceded them, because being read us ther this ense it was held to be reasonable, having defendant in the Hongkong Hotel on the night In the concluding paragraph of his very corporation which may seem to justify such IS REPLETE WITH ALL THE LATEST should be with the words calentated to annoy Figat to the preamble to the general object or incommodo" which immediately follow them, of the statute, to think that the warehouse it was clear that the gas contemplated by the was within the contemplation of the Legis- as a likely place for concealment, Ordinance consisted of "anything calentat d to lature

it was submitted that a long annoy or incommode," and would therefore in. Se olade anything

calculated.bamboo pele carried over the shoulder which suel for instance as a coolie's large hat or an the Magistrats found as a fact was carried by umbrella cried over a man's shoulder in the respondent in such a way as to obstruct the manner calculated to annoy or incouaede footpath and to be calculated to annoy mud passengers, that the exception for the purpose incommode the pasteugors must, having regard to the object of the scation which was to of housing them er of leading any eart or carriage" should not be held to limit the mean- proveut nuisances upon the public footways ing of the words "other thing calenlated to regarded as having been in the contemplation annoy or incommode"; and that a brinhoo pole of the Legislature when it forbade by the 13th as carried by the respondent on the footpath sub-section the carrying of things calculated to A narrower construe. being a thing calcalated to incommode or anney annoy or incommode. passengers thereon was an obstraction within tion would restrict the effect of section 3 of The paramount object of the meaning of the Ordinancs. The Magistrate the Ordinance.

prevent persons using however was of opinion that the general word section 3 was "thing" following the specific words " barrel, the footways from being annoyed or incom cask, or butt," took its teasing from them and moded. That object should, if the langage must be prosumed to be restricted to articles was susceptible of such u construction, be given Casos in point were mentioned in Max- of the same genus. He held therofors that the offect. cvičenca given before him did not bring the well on the "Construction of Statutes," 180 within the operation of section 2. The cases Eastwood v. Miller (L.R.G., Q.B..410) sub-asution 11, of the Ordinance, and he and Bows 7. Fenwick (LR.. 9 C.P., 339) were gave his decision accordingly. The question in point, also Shillits v. Thompson. 12.B.D. 12. The Puisme Judge asked if a Volanteor of law arising in the above statement for the opinion of the Appoal Court was whether the carrying a rife would come under this mb. term "other thing" as used in this sub-section section. of the Ordinance could bo so construed as.to include the bamboo pole curried by the respon- dent.

TO

The Attorney-General replied that he certainly would.

- In the afternoon the defendant appeared in Court, but there was no complaimat.

Mr. Gompertz dismissed the casa. Defendant: I went to take an action against that muca for defamation of character and Leing detained in goal.

VAGRANTS.

As has already been explained at sulicioni length in these columns, the control of the American China Development Company has passed into the hands of a syndicate at the head of which is the King of the Belgians, end tho conduct of the first and only work which it has undertaken the construction of the Canton Hanbow Railway-is supervised not from New uominally American organisation here being York, but from Brussels, the members of the Mr. Gomperts advised him to take action merely agents of thow: higher in authority on It does not the other side of the Atlantic. greatly malter in whose nates the stock may through the Supreme Court,

Two Germans were sent to the House of stand on the books of the corporation if its real In these cirenn. ownership be elsewhore. stances it a difficult to see how American Detention for being vagrauls.

influence in China is to be promoted, or Chinese apprehensions as to the extension of Russian influence through railroad ownership ure to be allayed, by any declaration on the part of our Governinent that it still regards the Americau China Development Company es un Ameri Govern can corporation, and that this ment alone has the right to deal with diplomatis questions affecting the interests of the company. In point of fact, we can imagine no more fatal blow to American influence than its covert use for the promotion of ends equally foreign to the avowed policy ond

THEFT FROM THE DOCKS.

Mr. Turner, head watchman at the Kowloon Docks, charged a coolie with stealing brass fittings. The man was convicted and sentenced to one monlk's imprisonment and six hours' stacks.

RETURNING THOM BANISHMENT,

A man convicted of returning from banish went was contenced to 12 months' imprisonment and six hours' stocks,

NO CONVICTION.

A gardener from North Point, who recently The Chief Justice reinarked that they would caused two Forcat Guards to be punished for have to find out if it was calculated to annoy. attempted bribery, and who subseqently bed The Paisno Judge asked if his vulet-sup another man punished for committing an posing he had ous-was carrying his portman-sssault upon him, was charged with unlawful tean along the footpath, would be coins within possession of branches of trees.

The cate was dismissed. the meaning of the Ordinance.

The Puisno Judgo asked if his market coolie Proceeding to his argument the Attorney-carrying a leg of mutton would come within the General said it was in the first place to be weaning of the sub-section.

The Attorney-General said the coolie would, observed that the general words of sub-section 11 of suction 3 of Ordinance 1 of 1845 erbu thongh it was the very best Australian were not limited to the words or other matton thing" as the learned Magistrate appeared "or to think. The general words were. oflar thing calculated to annoy or incommode" the passengers upon a public footway. The class of objects, or the genus, against which the sub-section was directed included everything, whatever it might be, which was calculated to annoy or jucomanode passengers using a foot The general words or other thing calculated to annoy or incommode" could not therefore be restricted to things ejusden generis

тузу.

with "Barrel, eask, butt."

The Attorney-General replied that he cortainly would

The Paisne Judge asked the Attorney-General to suppose that a Chinaman was carrying salt- fish which smelt along the footpall: would he

To so construe come within the sub-section ?

CHARGE WITHDRAWN,

The case of two men charged with obtaining $4,600 by false prelences came up on remand.

Mr. John Hastings, solicitor, appearing on behalf of the complainant, asked Icave to with

draw tho oburge.

2. Application for permission ta ereet 24 water closets and 7 urinals at new building for Hongkong Hotel Co., Reclamation Marine Lot No. 7.

3. Application for permission to erect 6 water closets and 3 urinals at No. 2 Pedder Street.

4. Further correspondence re the application for a modification of the requirements of Section 1) of the Public Health and Buildings Ordin gnarlers of No. 15, Queen's Road Central. ace, 1903, in respect of a room in the servants

5. Applications for exemption from the requirements of Section 175 of the Publio Health and Buildings Ordinanen, 1903, in respect of Nos. 3, 5, 7 and 9. Gege Street.

6. Application for a modification of the requirements of Section 180 of the Public rospect of Nos. 4, 6 and 8, Braight Street. Holth and Buillings Ordinance, 1903, in Sham Shui Po.

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7. Application for exemption from complying. with the requirements of Scotion 154 of the Public Health and Buildings Ordinance, 1903, in respect of the top floor of No. 209, Queen's ALL EXECUTED ON THE PREMISES Road East.

AT THE SHORTEST NOTICE. modification of the 8. Application for a requirements of Section 180 Bub-section (b) of the Public Health and Buildings Ordinance, 1903, in respect of the house on Inkrud Lot No. 192, facing Feel Street.

LAW WORK, LEDGERS AND ACCOUNT

BOOKS

1. Application for No. 137, Station Street, aims of this Government and to the interests of

In the magazine Mong Kok, to be registered as a lake-hones.

10. Application for No. 201, Station Etrest, our commerce in China, article alrendy quoted from. Mr. Denby points Yaumali, to be registered as a pablie laundry.

IL. Heport of the Sanitary Surveyor for the AT PRICES WHICH COMPARE out that the Chinese negoliated with Telgians,

1904. for the construction of the railroad from Feking sond quarter of Letistics for the wecks ending FAVOURABLY WITH ANY OTHER

12. Mortality to Hazkow, because Belgium was supposed to 25th Joue and 2nd, 9th and 16th July, 1904. be a small country without designs on China. 13. Line-washing return for the fortnight and hence safer to deal with than aggressive ending 19th July, 1904. colonial Powers, such as France, for example with when China was in constant trouble on her

14. Rat return for the fortnight ending 25th July, 1904,

PRINTING ESTABLISHMENT IN THE FAR EAST. ESTIMATES FURNISHED.

Hongkong, 1904.