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HONGKONG LEGISLATIVE

COUNCIL.

A meeting of the Hongkong Legislative Conncil was held yesterday in the Council Chamber..

HIS EXCELLENCY THE GOVERNOR, SI FREDERICK JOHN DEALTRY LUGAUD, K.C.M.G., C.B., D.B.O.

Hon. Mr. F. H. MAY, C.M.G., (Colonial 'Secretary}.

Hon. Mr. W. REES Davies, K,C., (Attorney. General).

Hon. Mr. A. M. Trosteon (Colonial Tron- aurer).

Hon. Mr. W, CHATHAM, C.M.G., (Director of Public Works).

IRVING (Registrar-

Hon. Mr. E. A. General),

Hon. M. F. J. BADELET, (Capt, Superinten dont of Policy).

Hon. Dy Ho KAI, M.B., C.M., C.M.G. Hon. M. WE YUK, C.M.G.

Hon. Mr. H. E. POLLOCK, K.C..

Hon. My. E, À.. HEVETT.

Hon. Mr. H. A. W. BLADE,

Hon. Mr. W. J. GRESSON,

Mr. G. CLEA¤nti (Clork of Councils).

MINUTES...

The minutes of the last meeting were road, and contred.

CHINA'S NATIONAL BEREAVEMENT,

THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 4rn, 1908.

it is also the view of the director of the Manila Observatory--will be of incalculable value to us, Therefore I am most glad to be able to inform the Council that there is every prospect of it I will also mention - one being established. other matter. I have arranged with the Tals- graph Company, at a very small cost, that during the provalence of any typhoons likely to strike this inland, more frequent telogmas should be exchanged (Applause). {...,

FINANCIAL MINUTES."

The COLONIAL SHORETARY, by command of His Excellency the Governor, laid on the table Financial Minutes Nos 61 to 68, and moved that they be referred to the Finance Committen.

The COLONIAL, TREASURER seconded and the motion was agreed to..

FINANCIAL

The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table the report of the Finance Committee (No. 18), and moved its adoption..

The COLONIAL TREASURER Reconded, and the motion was agreed to..

A NEW LATRINE.

resclution and to comment briefly on a similar objection. I said then it was impossible to select a site for a latrino anywhere within the radius of the inhabited area of this city without inerring the objection of some portion of the inhabitants. The site which forms the subject of this resolution has been selected by the Sanitary Board after careful consideration and approved by the Public Works Authorities. There is no moro objection to it than there would be to any site that could be selected. with reasonable regard to financial consideration in the neighbourhood of this village. There. fore I do not think any of the objection, which have been raised to the site should weigh with this Council. ·

The COLONIAL SECRETARY-I move the resolution under section 170 of the Public HIB EXCELLENOT-I have caused to be Health and Buildings Ordinance 1903 which inserted upon the notions of thin meeting of stands in my name, copies of which have been Council resolution which I now rise to move circulated. In connection with this matter I We in Hongkong are so closely connected with beg to lay on the table a paper containing ob China that events in that Empire affect as injections to the site on which it is proposed an exceptional degres, and. it has always been to erect a public latrine at Wongnois heong, our aim and object to maintain cordial and had occasion recently to move asimilar friendly relations with our great neighbour. The majority of the papalation of this British Colony Chinme, and whether they are British subjects or merely temporary residents, ey cannot but feel deeply the news we have lately Tard from Peking. It is therefore fitting that this Council, as representing the people of this Colony, should expross its condolences with the Chinese Government, and assure it ofits sympathy and good wishes. So soon as Treceived the nows of the death of the Dowager Empress and of the Emperor, I telegraphed in this sense through the Consul-General to the Governor of the Two Kwang, and he has expressed himself as very grateful for the message, but I have awaited the meeting of Council before sending any similar message to Peking, and if, as I am sara it will be, this resolution is unanimously carried, I propose to send a

copy of to our Minister at Feking for communication to the Chinese Government. I beg to more That the Legislative Council of Hongkong at this, its first meating since the news of the deaths of the Emperor and the Dowager Empress of China was received, desires to record its sympathy with the Government of China on the lows it has sustained by the death of its ralors, and to express its hope that the reign of the new Emperor may be successful and prosperous."

it

HON. Dr. Ho KAI-Sir, Most respectfully and feelingly do I second the resolution which your Excellency has just proposed, and which I am quite sure thisCouncil will pass unanimously, The recent and calamity which has overtaken the Chinese Government and nation is of such

a character sa cannot fail-to call forth our despest, sympathy with them in their sorrow and grief. And farther, when we see with what fortitude and calm resolution they have borne their double loss, we cannot but entertain for them the profoundest respect and admiration Yesterday the now Emperor formally ascended the Throne, and I am sure we all wish him along and glorious reign... In the meantime we trust and we hope that his trusted ministers and the Prince Rogent will have every succeed in secur ing and maintaining the welfare, prosperity and happiness of the great Chinese nation, and also in promoting the peace and advancement of the Empire (Applause).

PREPARATIONS FOR' TYPHOONS.

HIS EXCELLENov-Before proceeding with the business of the day I desire, with the per- mission of the Council, to make a statement for the information of the public. Last year when introducing the estimates I pledged myself to give especial attention to the question of the efficiency of our typhoon signals and this year, on a similar occasion, I informed the Council what I had been able to do.. On Anguat 6th also I stated that the Commander-in. Chief of the South China Station had consented to communicate by wireless tole- graphy any atmospheric disturbances which His Majesty's warships cruising in surrounding waters might be able to report. The great desideratum, however, was that there should be an observation station somewhere to the south eat, the direction from which most typhoons come. I accordingly wrote to the Governor General of the Philippine Islands the islands in that channel being American territory-

The DIRECTOR of PUBLIC WORKS.seconded and the resolution was agreed to,

The resolution was as follows:-Wheress application has been duly made by the Sanitary Board to the Governor under Section 167 of the Public Health and Buildings Ordinance 1903 for the erection of a Public Latrine in the Wong Nei Chung village immediately to the South of it and near House No. 113; And Whereas much application having boon approved by the Governor and a notification of the intention to erect a public latrine upon

such site having been duly published in thres successive numbers of the Gazette, vertaln. inhabitants of the above village have objected to such erection; And Whereas the objections so made have been considered by this Connoil; It is hereby resolved by this Council “thất thế above mentioned site and the erection thereon of a Public Latrine be approved.

- NEW BYELAWS.

The COLONIAL SECRETARY-I more that the approval of this Council be given to a series of byelaws ander section 16 of the Public Health and Buildings, Ordinance 1903, with the excep. tien of A., D. and. H. which require to be sant back to the Sanitary Board for amendment. The other byelaws contain only small alteration. to the existing byelaws.

ORDINANCE

The ATTORNEY GENERAL moved the first reading of a bill entitled An Ordinance to amend the Magistrates Ordinanes 1896 and to effect certain other amendments in the Criminal Law, The COLONIAL SECRETARY seconded, and the motion was agreed to.

FIBE INSURANCE COMPANIES ORDINANCE

MAGISTRATES ORDINANCE AMENDMENT Judgmant will be. It is not impossible that Let me take another caso. There was a this judgment may prevent the can. going to suggestion in one of Your Excellency's letters the Privy Council, Your Excellency will agree that an Appeal Court could be formed with the that when so much care is given to appeals assistance of the Judge of Blanghai, - I learn the word "farce is hardly applicable; and from Your Excellency's speech in Geopoil that it is the more unfortunate that such an expression the suggestion has boon forwarded to the of opinion should have fallen from Your Ex-Secretary of State in the concrete form that the cellency while a judgment in an appeal case. is Judge of Shanghai should come to Hongkong pending. I must confess that I should not like to sit as an Appeal Judge twice a year. It to deliver a judgment even on a small matter Your Excellency, had asked my opinion before which was deemed to be given in farcial condi. sending this suggestion forward, I should have tions. I think therefore that Your Excellency pointed out the diffruition in the way

of making will not hesitate to remove the impression which the scheme effective, and the inconveniences must have been caused by the remark at some which must result from it: that changes must futuro sitting of the Council.

be made in the law and Code of Procedure and that it can only work by most seriously hamper- ing the other business of the Court. This quite apart from the inherent objection to the scheme, But the sohome has apparently been approved

........ AMENDMENS The ATTORNEY GENERAL moved the first roading of Bill entitled An Ordinance to amand The Fire Insurance Companies Ordinance

1908.

The COLONIAL SECRETARY seconded, and the motion was agreed to.

INTERFRETATION ORDINANCE AMENDMENT."

The ATTORNEY-GENERAL moved the first roading of a Bill entitled An Ordinance to rond The Interpretation Ordinance 1897 and to remove an ambiguity in the construction of The COLONIAL SECRETARY seconded, and the motion was agreed to.

the same.

COMPANIES ORDINANCE AMENDMENT. The ATTORNEY GENERAL mored the first reading of a Bill untitled An Ordinance further to amend The Companies Ordinance, 1865."

The COLONIAL SECRETARY seconded, and the motion was agreed to:"

THE TRAMWAYS ORDINANCE.

The ATTORNEY GENERAL-With regard to the next order which stands in my namo, Coms mittee on the bill entitled An Ordinance for Authorising the Construction of a Trapway within the Colony of Hongkong, it is not proposed to preceed with it to day

His EXCELLENCE The Council' standa að. journed until next Thursday,

FINANCE COMMITTEE.

F

A meeting of the Finance Committee was thon hold, the Colonial Secretary prosiding. The following votes were passed

vote

PUBLIC WORKS EXTRAORDINARY.

The Governor recommended the Council to sum of Five thousand Dollars ($5,000) in aid of the voto, Public Works Extraordinary, Miscellaneous, Blake Pier Shelter,

HIBOSTLANEOUS' BERVICES..

The Governor recommended the Council to dollars (81,700) in aid of the vote. Miscellaneous vote a sum of one thousand seven hundred Services, Stationery.

The Governor recommended the Council to vote a sum of Eighty-six thousand five hundred forty-seven Dollars and sixty cents (886,547.60) in aid of the vote, Miscellaneous Services, for the following items

Indian Police Remittances,.........$ 7,600.00 Cancer Research Fund..

35.60- Tropical Diseases Research Fund, 118.65 Department of Chinese in London

University,...

35.60 Imperial Institute,......

237.30 Redemption of Subsidiary Coin, 76,520.45 Total $86,547.60

PUBLIC WORKS RECURRENT The Governor recommended the Council to

vote a sum of One thousand four hundred Dollars (1,400) in aid of the vote, Public Works,

Recurrant, Miscellaneous Services.

BOTANICAL AND FORESTRY DEPARTMENT. The Governor recommended the Council to of the vote, Botanical and Forestry Department, rote a suns of minc hundred dollars (8900) in aid

other charges, for the following itens *-**

Forestry in New Territories Tree planting ...

Total

400 9500

$900

EDUCATIONAL VOTES, The Governor recommended the Connoil to

vote a sum of Two hundred Dollars (8200) inged of the vote, Education, other charges, Belilios Public School, Anglo Chinese Side, Language

Bonus.

AT POLICE AND PRISON DEPARTMENTS.

:

The Governor recommended the Conneil to vote a vam of Two hundred and eithty-five Dollars (2235) in aid of the vote, Police and Prison Departments, A-Police, Personal Emolamente, Captain Buperintendent, House Allowance.

Tote

TYPHOON DAMAGES,

a sem of Sixty-one thousand Dollari The DIRECTOR of PUBLIC WORKS seconded 1,000) in aid of the vot Public Works, and the rosolation was agreed to,

Recurrent, Miscellaneous, Typhoon and Rain storm Damages

The bye-laws were ;-- (a) Bake-henges.

(6.) Cattle-thods, Pig-sties, ote. (r.) Cemeteries. (2) Dairy,

THE CONSTITUTION OF THE HONGKONG APPEAL COURT,

CORRESPONDENCE BETWEEN

INTERESTING

THE CHIEF JUSTICE AND THE GOVERNOR. 1.

6. The report of Your Exceliones's speech also says that

yon have, like Your Excelleney's predecessor, found the general opinion to be that except for the purposes of an Appeal Court, a third Judge is not immediately required. Ist home, and I shall have to work it. As in the think it my duty to point out to Your Excel-case of the third Judge, the

opinion of peoplo. lency that I know no one who is familiar with who knew little or nothing of the matter was the working of the Court who is of that opinion. hold of more weight than mine, so hore: whan, The fact is that the pressure of the last few as is inevitable, I point out the unworkable moutha has been so great that we had arrived nature of the scheme ne sont from home, I shall almost at breaking point, and this is by no probably be told that others think differently. means the first time. If I had been laid up for even 2 days with influenze, the whole work of the Court would have been dislocated to the great inconvenience of suitors. I can only add that I I was in hopes that the Government would show some slight consideration for myself.—I | hare, do, have &o.,

·F. T. PIGGOTT,

Chief Justice.

His Excellency

Sirrederick Logard, K.O.M.G.

Governor of Hongkong.

Government House, Hongkong, 26th September, 1908. SIR-In reply to your letter of yesterday's date I have the honour to inform you that I did not use the word "farce "in connection with the existing Appeal Court of this Colony. I spoke deliberately and um correctly reported by the South China Morning Post as having used the word "unsatisfactory." I was no anxious to make it plain to the Council that I intended no relection whatever upon the Court, but only criticised its constitution in the way you have yourself criticised it, that I added omitted by the Reporters) to the following farther explanatory words (which have been effect: "It is no less unsatisfactory to the Chief Justice himself than to litigants for if "he reverses his former decision after hoaring "faller evidence, more especially if this should occur more than once he may lay himself "open to the innuendo that he does not know his own mind, or that he is influenced by his Junior. If on the other hand he confirms "his former decisions it may be alleged that the "Appeal in a farce."

There is near se I can recollect are the precise words used by me in this connection. I think Your Honour will agres with me that it would be difficult to select words which would more completely dispose of the interpretation conveyed in your second paragraph.

The only authentic report, the Colonial Hansard, has already been revised in this sense. I regret to note from the lart sentence of Your Hovour's letter that you still remain under the erroneous impression which I have au frequently and with such apparent ill success, endeavoured show no consideration towards yourself I to remove, that the Government is disposed to

have, ko,,

His Honour the Chief Justice.

faroe

F. D. LUGARD,

Governor, &c.

1

3

BECHSTEIN PIANOS

SOLID MAHOGANY. FULL TRICHORD.

STEEL FRAME.

SPECIAL CONSTRUCTION

FOR THE TROPICS..

Your Excellency will I think agree with mo that I have some cause for the view I have no frequently orpressed that little consideration is paid to the Chief Justion's opinion in matters CASH DISCOUNT relating to the administration of Justice.-I

F. T. PIGGOT

Chief Justice.

His Excellency

Sir Frederick Lagard, K.CM.G.,

Governor of Hongkong.

Government House, Hongkong, 6th October, 1908. SIR-I regret to learn from your letter of September 29th, that my explanation of the actual words used by me in reference to the Court of Appeal and which I had believed would entirely dispose of Your Honour's cause of protest have not had that result.

OR

MONTHLY PAYMENTS

ROBINSON PIANO

CO., LTD.

Hongkong, 19th November, 1908, [36

2. Your Honour contends that no one who is familiar with the work of a Judys" that I shall maintain my former opinion; but as could attribute to him any but the highest to both of these questions the matter is stili motives when hearing an Appeal, whatever his under consideration. But should these things decision might be. But the words used by happen the suggestion ongendered in the me ("innnondo" and "alleged" &c.) made it popular mind by the report of Your Excel- ing to wall informed persons but to disappointed that the appeal has been a force. I slavulů I had hoped amply clear that I was not referr- lency's speech, and especially in that of the disappointed litigant, will inevitably he litigants and irresponsible critics. I expressed in fact only the views which I have under therefore be obliged if Your Excellency would stood yourself and Mr. Justice Wise to have lay the correspondence on the Table of Council, affirmed. The words of the latter in as It is of the first necessity that the qual connection (forwarded to me as an enclence is to the Full Court should be considered by all, Your Honour's letter of the 29th February matter, and not as a farce.

whether well or ill informed people, as a serious 1908,) were As at present constituted the Appeal Court wonsists of the Chief Justice

3. I note what Your Excellency says on the "and the Pasine Judge, from cas of whom the subject in paragraph 2 of your letter of the 6th "appeal necessarily lies, and the Chief Justice Ootcher: bat I regret that I cannot agree with has a casting vote. The result is that anyone it. I do not think that the remarks actually who has the money will appeal against the made by Your Excellency are at all calculated decision of the Pains Judge (in consequence to promote confidence in the Court, for they "of the casting vote) but that no one will suggest criticisms of the Chief Justice's judg

appeal against a decision of the Chief Justica mouts which would not otherwise occur to onless he intends to carry the case to the litigants or even ill-informed people. But the Privy Council.

́actual words teed by Your Excellency are not before the public, as no one except members of Councils see the local Hansard. I have, &o.,

3. In reply to your third paragraph I can only repeat the statement made by me in my cheervations on the Estimates after giving dus prominence to the fact that Your Honour held the view that a Thind Judge was necessary. Court,-iz-that after consulting these best to cope with the work of the Supreme

absence of which leads

you

new

a loss to

His Excelloney

F. T. PIGGOTT,

Chief Justice-

Sir Frederick Lugard, E.C.M.G., Governor of Hongkong.

Government House, Hongkong, 2nd November, 1908. STR.-I have the honour to acknowledge your letter of October 28th having reference to the

et Your Honour's wishes ma far ka sooms to we practicable, but since as you point out the members of the Connell already have the cor rected version of what I said before them in the Hansard there seema no object in laying it

qualified to advise me I considered the weight of opinion was in favour of the view that a Third Judge was not immediately neces Bary, but I hoped that when the

Courts were fluished the Colony would be in Chambers, Baprezie Court,

to incur the expense involved. Your words used by me in a speech regarding the Hongkong, 29th September, 1908," was as you cordially admit informed of the constitution of the Full Court. I am anxious to Six-I am much obliged for the courteous arguments which had been adduced in this information conveyed in Your Excelionsy's connection and had an opportunity of fully letter of the 26th instant informing me of the disposing of them. Your letters were for actual words used by Your Excellency in your warded to the Secretary of State and you were speech in Council on the subject of the con- informed, and I am therefore at sitution of the Fall Court The China Mail know what further reply you expected, the before them in a separate paper. Your Honour and the Daily Press reported it in the way in

to the conclusion is antions as I understand that it should be. which I referred to it in my letter; and it seems that your opinion is disregarded. So scon made known that I did not use the words attri to ne probable that the reporters jumped from as the reply of the Secretary of State is re- bated to me in the Local Press that the appen! the beginning of Your Excellency's remarks to ceived it will of course, be communicated to to the Full Court is a farce, and I will the end, scising on the words "the appeal in you, but in the meantime I presume from the if you so desirs cause a letter to be written The Governor recommended the Council to to inform Your copy. I much regret telegran (which I at once sent to you on receipt) Sessional Papers consist of the annual repor

as making good

to the Press quoting the words in Hansard. that the words that after a perusal of correspondence be has actually used in your speech are open to adhered to his former view that the apointment from Departments and other permanent renards the same objection that I have already of a Third Judge can be temporarily deferred, of the Colony and I do not think that the expressed to Your Excellency, and are en- In this matter which you select as a flagrant correspondence in question is of a nature te be tirely at variance with the traditions of the instance that the local Government shows no included with them. Bench: No one who is familiar with the work consideration to the Chief Justice," I can find

2. With reference to the question of a Third of a Judge could suggest that if after hearing no possible ground for such a conclusion.

Jadge I have the honour to enclose in original faller evidence in a case or in several cases, the

We are al

agreed that the appointment of a for your perusal and favour of return a private Chief Justice reversed his former decision he Third Judge would be most desirable, but it letter I have just received from Bir H. de did not know his own mind, because it may be is my duty to examine the comparative urgency Saumarez together with a copy of the despatek precisely. this faller information (which on of a number of extremely desirable requirements from Secretary of Bate dated 18th September appeal is fuller argument, and rarely fuller in relation to the fuances of the Colony and I 1908. I personally agree with the view express evilence) which has made the case plainer then have come to the conclusion so far as my ed by Sir H. de Sensmares. I have, &c. it was on the first hearing when this information personal view is concerned (the final decision

F. D. LUGARD, Governor, &c, was not forthcoming. Nor could there be any "innuendo" to the effect that be has been resting with the Secretary of State after perus. His Honour The Chief Justice. Bzenced by his Junior. The Chief Justice is which you refer) that in the coming year the

in- ing Your Honour's arguments and the Tublo

Chambers, Supreme Court, only primus inter pares. The Fall Court as at Colony cannot afford a Third Judgo. Provision present constituted enables the Chief Justice to has, however, been made for a Deputy Official

Hongkong, 4th November, 1908. Sir, I have the honour to acknowledge Your have the sasistance of the Paine Judge Receiver on Your Honour's recommendation. Excellency's letter of 2nd November, on the discussion on abstruse legal questions often 4. As regards the second case cited. I did subject of Your Excellency's remarks in Conveil makes points clarer than they were when first make the suggestion regarding the Shanghai on the present constitution of the Fall Court. dealt with by one Judge. And for the reasons: Judge in my letter to Your Honour of 8th

2. I fear that the publication in the newspapers given in my former letter the fact that the February last. I did not go into it in detail of the remarks actually used by Your Excellency The Hon. Dr. Ho Kaz asked the following

Chief Justice with the assistance of the Puisue until I should hear from the Secretary of State would do more harm than good; for where the Judge confirms his former decision cannot in as to whether the idea was possible since Your words as reported might have been looked

upon question which stood in his name:"Will the

any vircumstances render the appeal a farce. Honour had stated that you considered it to be an unfortunate slip, had the impression the Honourable the Attorney-General state

2. The defacts of the present system are cat of the question for a Foreign Office Judge Created by them been corrected at a subsequent 2. That the constitution of the Appeal Court patent; but with much respect, they are not to come here unless there were reciprocity, sitting of the Council, the publication of the whether he has say objection to give the reasons is extraordinary in so wealthy Colony as those which Your Excellency has pointed out. which was imposible. At your desire I have remarks actually made by Your Excellency which governed him in not filing an indictment Hongkong is a fact which I have always And the emphasis, which has been laid upon cabled to the Secretary of State to inform him wasccompanied by my own observations, would for mausisughter at the last Sasatens in the admitted: that it deserves the strongest hostile them by Your Excellency cannot fail to be very that you would wish to express an opinion seem to indicate that they embody, as I fear they Portland Street Building Collapse Case?

criticism, may also be conceded. But that is a detrimental to the prestige of the Court among regarding the working of the scheme before its do, Your Excellency's opinion on the The ATTORNEY-GENERAL-The matter is very different thing from saying that it is both Europeans and Chiness, which it has been details are decided.

2

3. With regard to laying the correspondeno

obstinately tepacious of his own opinions, and

concrete instances brought forward by Your forgets that one of the principal objects of the consideration is paid to the opinion of the I have had a long experiance of procedure in Honour in support of your view that little practice is to make the papers so laid public. Chief Justice in matters affecting the adminis- Legislative Council, and I think that correspon tration of justice" but I fear that it is beyond donea which has passed between the Chief my power to remove what appears to have Justice and the Governor relative to remarks become an idée fize in your mind. I have, &c.,

made by the Governor in the Council prejudic F. D. LUGARD,

to the administration of justice may fitting. Governor, & laid upon the Table.

(e) Depôts for Cattle, Pigs, Sheep and Goats. (f) Disinfection of Infected Promises. (g) Domestic Cleanliness and Ventilation. (4) Importation and Inspection of Animals. (2.) Larines.

(1.) Laundry,

(2.) Prevention and Mitigation of Epidemie, Endenie, Contagions or Infectious Diseases (L) Prevention of the breeding of Mosquitoe (m.) Removal of Ceiling and Star Linings. (n.) Removal of Patients.

· QUESTION—THE 'BUILDING COLLAPSE.

The following correspondence was laid before the Legislative Council yesterday ---- ⠀

Chambers, Supreme Court, ! Hongkong, 25th September, 1908, SIR.I have read the remarks which Your Excellency made in Council on Thursday last on the subject of the third Judge with surprise and regret and I must anter à very respectful but emphatic protest against Your Excellency's view as reported in the newspapers, that the existing Appeal Court must necessarily be farce," and that this view is supported by the Chief Justice. "The

publis view is causlated to the expression of such

gravest harm to the prestige of the Supreme Court in the eyes not only of Europeans but also of the Chinese.

suggesting to him that information from that one of public interest and I am very glad of the farce; for this implies that the Chief Justice is my constant sim to maintain at the highest level 5. I have replied at some length to the on the Table of the Council, Your Brcellaucy

quarter would be of great value both to Manila

and ourselves. I desire to read to you the very coartoons reply which I have received from him:-

Manila.

· November 17th, 1908. YOUR EXCELLENCY. I have the honour to acknowledge the receipt of your letter of October 16th, and in reply I must say that I am much impressed with what your Excellency arges in favour of the establishment of a wireless

taken up the matter with the Postal Authorition

opportunity of giving the reasona

governed me in the matter. They are as which

follows:-

arguments may be advanced on the appeal, that he will never change them whatever new Such an idea is contrary to the high-and they are very high-traditions of the British Bench to which I have the honour lo belong.

3. With reference to the last paragraph of every good in assuring me that my opinion the letter under reply Your Excellency is always is not well-founded when I say that the Govern ment shows no consideration of the Chief Justice. I can only say that 32 years exper- 3. I know that the idea to which Year Ex-ience does not bear out Your Excellency's callency gave exprasion was current in the courteous intentions. The question is one which Colony, and I took beession some time ago in I have very much at heart, and so long as I am Court to say that the constitution of the Chief Justice of the Colony I shall continue to Appeal Court being what it was I conceived it do so. Let me put to Your Excellency two assured the profession that I came to the hear to be my duty to make the best of it, and I Instances which will explain my meaning.

For 3 years I have pointed out that the Chief

His Honour

The Chief Justice.

4. I propose to deal with the matter referred to in the second paragraph of the latter under reply in a separate letter-I have, &c.,

F. T. Prado, Chief Justice.

Bir Frederick Lngard K.C.M.G.,

His Excellency

Governor of Hongkong.

After the Coroner's enquiry the Prosecution | obtained important expert evidence sa to the construction of the buildings. This evidence did not establish such a degree of negligence as mould justify a prosecution for manslaughter and in the opinion of the Attorney-General, no jury could possibly have convicted having

ing of an appeal with a mind absolutely free Justice has to do the work of two Judges.

Chambers, Supreme Court. regard to it.

Hongkong, 28th October, 1908. The evidence also clearly demonstrated that and treated it so far as possible ass now cass Acting on information which was never submitt-

SIE-I much regret to find on perusing Only recently I said with the same object ined to me Sir M. Nathan practically informed tation at Bento Domingo de Basco. I have the main supervision of the work was not view that a Judge is always seemed to have the Secretary of Stats that this was not a fact. Your Excellency's speech on the second reading.!

controlled by Mr. Bird and so a fact the Build-

the honesty necessary to reverse his own deci I have at last through Tour Excelleney's of the Appropriation Ordinance on Thursday

Government House, who are charged with the duty of making aling Contract specifically defined the Architects Bion if, on further argument, it is shown to courtesy been shown this information, and 8th October that Your Excellency did not take insala telegraphic installations, and hope that to be "Clement Palmer and Arthur Turner"

Hongkong, 16th November, 1908. wrong. A second argument often puts have pointed out that it was insocurate from the opportunity of correcting the impression left

SIB, I have the honour to acknowledge they may have sufficient money available to and did not include the name of Mr. Bird, things in a new light, and points, often occur to beginning to end. I have revels is. Excellency's speech, that in your view appeals which you inform me that my proposal to cause on the readers of some of the reports of Your receipt of your letter of November 4th in carry to effect the project anggested by your This point however was not material having one which did not present themselves on the first. ; so that I must assume that my opinion is dis-to the Full Court as at present constituted were the actual words used by when address-

A said argument and a second judgment up regarded. Even the rarefally draw-up Tables farce. I had hoped that for the reasons, and Excellency. If there is no money available for regard to the absence of proof of negligence holding the fixat may lead to a clearer appre- which I had prepared and which support my and with the materials which I had supplied to ing the Council on the subject of the Appeal.

In the Shaukiwau case the evidence taken ciation of the law, and prevent an appeal to statement hava elicited no comment. Eren s before the Coroner on the other hand clearly the Privy Council Although it has not hap- one Judge doing the work of two st curtain Your Excellency in my letters on subject, some Court to be published in the Local Press will

not meet your view.

In deference to your opinion as Chief Justice With assurances of my most distinguished established grave negligence against the Con-pened up to the present that I have had occasion periods of the year I have to work donble sllusion would have been made to the subject. consideration,—I have the honour to be, Bir tractor.

to reverse a judgment I have given, on minor fides" to get through the work. One of such 2. Your Excellency's remarks, as published points I have frequently had occasion to change periods which has covered the last 3 or 4 months in the papers, are as I have already pointed out that the remarks made by me may be prejudicial to the administration of justice I have directed Your Excellency's very obedient servant.

The ATTORNLY GENERAL moved the first nihility of my doing so on a crucial inne formed the Council in spite of my reiterated and the work which I fare done in promote table of the Legislative Council us you desire. roading of a Bill entitled An Ordinance to paring a judgment on an important appeal; it for a third Judge. The effect of this on my of its admittedly unsatisfactory constitution of the Boerotary of State's despatch or the the present time engaged in pre-opinion that there is no immediate necessity ing confidence in the Fall Court in Tite But I do not propose to include the endlosure The establishment of a wireless station st empower Magistrate to hold a small debt court took many days to argue in the Full Court, the mind can only be that the opinion of the Very shortly the Full Court will have to deliver private letter to me from Sir H. de Sanemares Hauto Domingo in, I am assured by our own in the New Territories and to regulate the writing of the judgment will probably take 10 Government in that I only want third Judge important judgments in a case on appeal from which raise a separate issue--I have, &c., director and we have seen by a communication proceedings in relation thereto.

The COLONIAL SECRETARY seconded, and day, and though I am now half way through I Excellency will agree that this is case of all differ from the Paisne Judge; it may be His Honour the Chief Justice.

full mornings work, of at least four hours appointed to save myself work. Surely Your my decision at nisi prits, which has been argued prablished by the American Consul General that the motion was agreed to.

before it at great length. It may be that I have not the remotest iden what the ultimate1 want of consideration for the Chief Justice.

the purpose. I shall apply for an appropriation Previously alluded to, to the Legislature at its next session.

(SA) JAMES F.- SMITH,

Governor-General.

NEW TERRITORITIES SMALL DEBT COURT

'ORDINÁNORA

the

my views, and I. can quite conceive is just over - and yet Your Excellency has in.in my letter of 29th Beptember calculated to that this correspondence shall be laid on the

And at

FD. LUGARD,

Governor, de