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THE HONGKONG DAILY PRESS, FRIDAY, FEBRUARY 26TH, 1909.

THE PROPOSED BOAT-SHELTER, broakwater its nafinished parts would be liabla Į

AT MONGKOKTSUI,

The following report, by Mr. J. F. Boulton, on the proposed boat shelter at Mongkoktami was yesterday laid before the Legislativo Council by command of His Excellency the Governor

to damage from typhoona; but this unavoidable disadvantago would be more than compensated by the economy and convenience resulting from the adoption of is form of structure largoly independent of skilled labour, and for which hat comparatively little special plant and appliances would be required. The section recommended would also admit of the convenient rectification of auch settlements of the work

PUBLIC WORKS OFFICE, Hongkong, 1st February, 1909. Su, I beg to submit the following, report o my recent conférencé with Mears, Coollens would inevitably occur during construction Son and Matthews, the Consulting Engineers, with reference to the Proposed Shelter at

Mongkokteni, for the protection of small craft daring typhoons. The object of the conference was to obtain an expression of opinion upon the Haitability of the proposed shelter and the. saficiency of the proposed breakwater.

To enable the Consulting Engineers to prononuce upon the subject, I supplied them

and for some time after completion.

The complete scheme for the Boat-Shelter, as adified by the Consulting Engineers, estimated to cost roughly $273,000 in oxcons of the estimats for the original scheme. The

OICESS

- SUPREME COURT.

Thursday, February 25th.

IN APPELLATE JURISDICTION.

BEFORE THE FULL COURT,

THE PEAK MURDER APPEAL-

Judgment on the appeal against the finding of the jury in the Peak murder case on the ground that the evidence had not been translated Mr. H. G. Calthrop, instrasted by Mr. R. D. to the prisoners was delivered by the Full Court, Atkinson (of Meers Deucon, Looker and Deacon) appeared fer the prisoners, the Hon. Mr. W. Rees Davies, E.C., Attorney-General, instructed by Mr. F. B. L. Bowley, Crown Solicitor, appearing as respondent.

counsel

on

THERE IS, NO

REASON WHY

ANY HOME.

SHOULD BE

WITHOUT A

PIANO

$10

PER

MONTH

be suggested in one of two ways: other that the ROBINSON PIANO

developed by a typhoon; and concerning the suit the new position of that entrance. Other id there had been a fight, and that that was to defend prisoners for murder may and do it might be said that couvre), having bean

on the site of the breakwater. A detail cross

section of proposed breakwater, and a specifi- materials and labour. Information about the location and character of the quarries from

cation of the Ramme, A schedule of prices of

whiel, materials are to be drawn for constructing

the breakwater; about local methods of work! etc., etc., etc.

alting Engineers were of opinion that, as typhoons mostly begin from the north, east, the position of the sheltor, being mader the ten of the shore, was well chosen from the point of view of accessibility.

They considered that the broakwater; either with regard to its direction or the extent of the sheltering work contemplated, could not be improved.

But they were of opinion that, unless the widths of the entrances were contracted, the zures effectively sheltered by the breekwater

would be much and unnecessarily reduced,

was translated

It

I

CO. LTD.

[36

The Attorney-General-Having regard to

intend preferring an indictment on the charge of murder against both prisoners.

The Chief Justice-You are at liberty to do that. The administration of the criminal law is in your hands, and you may instrnet the polies as you think fit.

prisoners.

Mr. Calthrop asked for the discharge of the

The Chief Justice-I have discharged them. Mr. Calthrop stated that in a case

decided by the Court of Crown Cases Berently

was held that prisoners could not be re-arrested after their discharge.

The Attorney-General-My friend can argno that when the case comes on for trial.

but actively, for he cross-examined the doctrine seems to me to involve a great deal more witnesses on these depositions. The question than the mere corporal presence necessitated by resolved itself into whether any injustice to his being given in charge to the jury. I think the prisoner resulted from it, and this is it goes further and requires an actual mental how this question was treated: "It is a mistake, apprehension of the proenadings, for Low, other moreover, to consider the question only with wise, would the prisoner know what witnesses reference to the prisoner.

to call, or how would he be able to most, the The object of a trial is the administration of justice in a course

ree evidence againat kini in the statement the law as free from doubt or shance of miscarriage as allows him to make to the jury? It was indeed meroly human administration of it can be--not almost suggested by the Crown that it is not the interests of either party. This remark very technically necessary that the prisoner who is much lessons the importance of a prisoner's in the ourt should be able to understand the consent, even when he is advised by counsel, and proceedings, and we were referred to several substantially, not of course literally affirms the cases in which deaf mates had been tried and wisdom of the common understanding in the convicted on an indictment for felony. But profession that a prisoner ca consout to no such document canbo founded were represented by counsel, and in the therefore, of these authorities seems favour. nothing." In R. v. Moore the prisoners these cases (quotes). The whole tendency, course of the argument Hawking J. said, abia to the prisoners in the case before

The fact that the prisoner's

118. It may be said of course, that was due to the additional works

has taken no objection dess not make the prisoner at sessions who had had the ovidence which wore recommended to be carried out at

evidencs admissible." The only case on which translated to him at the Police Court is well the Attorney-General could rely on this point aware of the general tonour of the case against the entrances, the cost of the breakwater as!

The Chief Justice said-As the procedure was a remark in B. v. Yemade by Erle J. which him, and that he muy, if he chooses, waive his modified being estimated to be practically equal under section 78 of No. 9 of 1899 which provided hur some bearing on the relations between right to have the ovidence interpretel again. with the following materials and data:-Charts

to the same as designed. But, as His Excellency what is the Court of Crown Casce Reserved for counsel and prisoner, The question was whether The answer is, I think, that while in several WE HIRE FOR

the Colony does not require a of Hongkong Harbour and surroundings, show the Governor had Inid it down that no

case to be in a murder case in the year 1854 the Court cases the rules of evidence many be waived by con- ing the relative positions of the anchorage and scheme could be accepted which would exceed sircumstances necessary for me to state the could assign counsel to defond the prisoner. sent of the parties in a criminal case, these rules circumstances in which the question which has What the learned judge said was "I should be are matters public juris, and cannot be so dis- of the proposed shelter; the depth of the water in cost the amount of my estimate, namely been reserved for the opinion of the Court arose.

very glad if I could ska so, but by mention the single person accused has an interest

pensed with, On a criminal trial, not merely in awl adjoining the shelter; the maxinum ex$540,000, and as the Consulting Engineers Three nen, Kwok Leung, Li Shek Shin and Hung comsel to

ut 7ppear withoot any communication but every other subject of the Crown Loi were

charged with the murder of Ku Tang. with the prisoner, and without his sunction, I posure which the breakwater would have to face consilored that the additional works were ant the positions of various sea walls which absolutely esential, and that no cheaper type They were Hoklo men. Some of the evidence might be authorising a defense which the concerned, in seeing that the prisoner is

for the Crown หยด withstood the typhoon of 18th September 1906, of breakwater could be devised, it became in Punti. The prisoners were defended by Mr. yet for which he might be responsible." I think,

giren in English, and some priscuer himself would never have maile, and not doprived of life or liberty except

under the whole of the safeguards pres and of others which were damaged or demolished necessary to reduce the cost of the scheme by Calthrop, and at the conclusion of the case I rightly understand his argument, the cribed by law. No acquiescence by the by that typhoon. Detail Drawings of the curtailing the length of the breakwater, and the for the prosecution he called ovidence, and

Attorney-General desired to draw the infor- prisoner can therefore be of any effect. If he also put the three prisoners in the box. One seu walls referred to. Diagrams prepared area of the shelter.

ence that a prisoner is responsible for, andthon, it is necessary for an undefended prisoner of the English witnesses for the defence, therefore bound by, what his counsel does, or Accordingly the Consulting Engineers, in Mr. Helworthy had given evidence to the loares undone. do for as what he loves undone difference when he is defended by comsel? If to hear the evidence at the trial, is there any from Kowloon Observatory, and records showing the daily direction, force, and duration

collaboration with myself, prepared a plan of affect that the first prisoner, Kwok Leang, was is concerned, the authorities are dead against the there is such a differenco, it might perhaps of the wind during a series of years.

amalier scheme, which we roughly estimated his chair coolie. He said that when he arrived at contention. But the learned judge clearly used

as meaning take the prisoner is by the law so identified with the Tabular statements showing the behaviour of could be carried out for the amount of the the Peak on the day of the murder by the 12.15 the word "responsible

or 12.31 tram, he found his chair waiting for consequences." wind during a number of severe typhoons, as

Of course the jury would be personality of his advocate that the knowledge estimate. The alteration consists of shifting him as he had ordered, and there were only three influenced by what counsel might say, and the of the

counsel is the knowledge of the registered at the Kowloon Observatory. Inform the southern entrance 800 feet northwards, thus chair coolies, among them Kwok Loung. In prisoner would suffer if the defence was en client, and that the latter must be taken to have ation concerning the character of the son as shortening the breakwater, which is curved in to cross-examination he said that he asked why the unenbstantial one. What the circumstances understood the evidence which was in fact four were not there, and that No. 1 prisoner had alluded to do not apply, for counsel now assigned apprehended by the former, or alternatively, character of the small craft which the shelter is wise, the shemo remains as before. The saving why the fourth coolie, No. 2 prisoner, was communicate with them. Bat the case has an satisfied to let the evidence go untranslated, designed to protect. Purticulars about the levels resulting from the shortening of the breakwater absent. When Kwck Loung was in the box he important bearing on the question of trials of hna waived his client's privilege, and cannot and nature of the hard bottom overlying deposit will be about equal to the cost of the acklitional gave evidence that there had been only three foreigners, for Yemado was read over to jection. Now, the unsoundness of the first of your Lordship's decision, I have now to say that

à Spaniard, and the afterwards be allowed to raise an ob coolies at the tram station. In cross-examination evidenco works at the entrances, including tho reclamation, he said No. 2 prisouer was the missing coolie. him by the judge, and care was taken that these propositions sufficiently appears, I think, total area of 194 acres of water, and according by the Attorney General that he did not pired during the trial. I am therefore of of these facts aggregating his clients defence The original schome would have enclosed a He then said in answer to a question put he was maile quainted with all that trans- on mers statement. Counsel has only knowledge to the standard adopted by the Consulting tell his master, Mr. Holworthy, that there opinion that the fact of counsel being retained which may have been actually communicated to Engineers, 166 acres of that area would have had been a fight. Other questions on this or assigned to the prisoner, makes no hisa. Now points must frequently arise at the been effectively sheltered by the breakwater General when it occurred to me that Mr. the law as I have deduced it from the autho- counsel cannot deal with of his own knowledge, point were about to he put by the Attorney difference to the application of the principle of hearing, especially on cross-examination which and ukditional works. The ashemo as now Holworthy's evidence had not been translated rities. And to the suggestion that the prisoners and without referring to his client for the facts. modifed will enclose a total area of 169 acros, to the prisoners, and I intimated that in the have suffered no hardship I auswer they have It is really impossible that in a case of any mag- and according to the same standard, 140 acres of circumstances I did not think that the point suffered the greatest hardship of an irreguine nitude coumal should have as close an acquain- that area will be effectively sheltered. In putting Greet to be pressed, to which the Attorneys trial. Though, as was said in the judgment in tance with the peculiar circumstances of the General nasented. The jury acquitted No. 1, E. v. Hortrand, this is irrelevant to the question defence as the prisoner himself. The latter's forward the larger scheme originally, with the but found the second and third prisoners guilty which this Court has to decide. The quashing knowledge must necessarily be more intimate wider entrances, I stated that 166 neres would of manslaughter. Before cantones Mr. Calthrop of this conviction is regrettable in itself it is and complete. This net to so even in su intimated that some of the evidence, either more so from the fact that this is not the English Court where matters are not usually be well sheltered. With the narrower entrances, English or Punti, had not been translated to the first time the question has been raised. The complicated by differences the same area would be sheltered to a mach prisoners, and moved that the question be Attorney-General referred to the custom of How much more so when the accused himself of language.

The prisoners were re-arrested leaving Court,

A QUESTION OF DOMICILE, higher degree.

reserved for the Full Court as a question of law, this Court, which has been, he said, invariably and most of the witnesses are Chinese, and not Judgment was given in the appeal against- In deciding which of the two schemes recom-whether the conviction ought not to bo quashed never to translate the evidence when prisoners knowing English, and the latter speak a dialect the decision of the Chief Justies on the point of mended by the Consulting Engineers should be

on the groud that the svidence ought are represented by counsel. That it was the which neither the prisoner himself nor his jurisdiction raised in the bankruptcy of Chun Yu to have been translated, and this is the custom seems to be a fact, for at the first murder advocate can understand. The first suggestion Shan. Sir Henry Berkeley, K.C., instructed by adopted, it would appear that only two matters point on which we are now called upon to onse I tried in this Colony I drew attention to therefore falls to the ground. As to the second Mr. Otto Kong Sing, appeared for the appellant. require to be particularly considered, viz., the give our decisions. It is advisable te deal, it, and díreated the evidence to be translated, point of waiver by counsel, I think that if in The Hon. Mr. H. E. Pollock, K.C., instructed areas and costs of the schemes. In other respecte at once with the question of materiality of and I seem by referring to my notes to have done criminal matters, when the plea is not guilty, by Messrs. d'Alauda and Staith, appeared the two schemes are equals

the evidence satually admitted but untranslated so a second time at the next Assize. I think the client himself is not competent to bridge, by for respondents. The Chief Justice in the course If No. 1 prisoner had been found guilty, un- doubtedly the fact that he had told this untruth the Court is defective in this respect, but it has to condone irregularities by consent, then a

the statement made by the late interpreter, of acquiescence, gaps in the case against him, nor of his julement said I have given my best. with regard to No. 2 prisoner would have been somewhat amended and explained.

consideration to Sir Henry Berkeley's curefn fortior his counsel can assume no such responsi- and concise little argument on a point, which influenced the jury, and I should have found it is most regrettable that no note was taken bility for him. It is true that the quest sivil seins stil open to argument on my judgment extremely difficult not to grash the conviction. by the Registrar of what I then said for charactor which the early law attached to mare from which he appealed, but I think the We have not, however, to consider whether any the guidance of the interpreter in the misdemeanours has occasionally led in their sion of fact at which I arrived was warranted part of the evidence which was untranslated future.

conela.

the duty of cues to slight relaxzations of to hunt recorded, or else what Thna on a second trial of a charge of of the bankruptcy jurisdiction which I endeav the rule.and that having specially in rlew the aspect tion of the other prisonera Mr. Calthrop had falls from the taken the broad ground that none of the instead of what it is intended to be, guidance first trial has been by consent of the prisoner, on the conclusion of fact was bound. Before evidence of the Crown was translate, and as for the future. But the position taken up by and to save time merely read out by the judge giving judgment a few days however, present number of small craft, and previdos amey were convicted some of it must have been the Crown, though, I am glad to say, the from his notes, and then assented to en bins by attention of the Court was ago, to veter, the

material. He raises therefore the abstract, ques. Attorney-General did not defend it, is that in the witnesses.

It is unnecessary, 6 of 1902, which apparently had been overlooked roasonable margin for a fature increase in the tion whether a conviction can stand when murder cases, when it is essential that every suppose, to labour the point that if the consent by all of us, Our attention as properly the prisoners have no kowledge of the thing should be dons to insure the fairest trial of counsel is not sufficient to bind the prisoner drawn to it, because the Ceart is bound to erience garan against them. He called possible, the slacker ouse of not interpreting on a trist for miglementor in the latter take official cognisance of the laws of tho it "inadmissible evidence," and strictly, this is sufficient. This consideration by itself is to perhaps, if he so expreasly desires, bind biaself, Colony, and solicitors, boing offers of the Court is the right term to use, though it is not my mind enough to show how bad the procedure then on a trial for felony where the prisoner are bound to assist theourt in the porfor- its ordinary use. There is a recent case, is. Ons word more, which is necessary in con- ex hypothesi can consent to nothing, the con-mance of this duty, which, in the case of a I may here point out that owing to the.. Hadwin, where a conviction against sequence of what the learned Attorney-General sent of counsel purporting te be given on the Colonial Statute book is often a dificult one. natural configuration of the site, the cost of the that the others were not allowed to cross. Colonies. He referred to cases in yprus unfortunately then compelled to the conclusion to see whether this Ordinares has any bearing several prisoners was quashed on the ground said with regard to his experience in other prisoner's behalf can be of no avail. I am We therefore deferred our judgment in order Boat-Shelter con? not ho further materially examine one of them who went into the box. where prisoners are of many nationalities, that there was a grave irregularity running on the question before us, so as to induce ne to reduced without very materially reducing its Evidence given without cross-examination is Turks, Greeks, English and I know not what through the whole conduct of the trial: an alter our judgment. It provides that the word aren

strictly speaking. inadmissible evidence, and others.

irregularity which was beyond the competence debtor as used in section three of the Bank- scientifically the term is rightly used. There

of the prisoners or. of their counsel to Mr. Calthrop's contention. First, the prisoner are three af least a priori reasons in favour of

ruptcy ordinance us'reviseil, motion 4 as it wOH waive or condone, and which is

?

authen, is included a person who, though not ciently serious to vitiate the whole proceedings, himself persoually within the Colony, carries is always entitled to make a statement, even

It necessarily follows that I must hold that on business by an agent within the Colony and.. when he is defended by Counsel, therefore he

there was a mis-trial, and that the conviction possesses assols therein", and there is a further Secondly, now that the prisoner may give must know what the ovidence against him is.

should therefore be quashed. I have arrived at explanation of the definition which I shall refer His Lordship, proceeding, said the Attorney. this result perhaps by reasoning along some to presently. Now if in this case, the debtor evidence, it is more than ever material that General stated that it was not the practice to what narrow and teolical lines, but in a caye had still remained in Annam, merely sending up he should know the evidence against him interpret the evidence in the Courts in Cyprus, of this importance it is argently necessary to his cinnamon to his agent the Kwang Mow, in in order that he may meet it, and, as we do and that if it were, great expenditure of time keep fundamental principles rigilly in view. this Colony, for sale, he would have come not assume the prisoner guilty until he and money would be the result.

I can only say

On general grounds, however, and without within the meaning of this definition. 4 is so found, if he does not know it, the that in the trial of human beings for crimes, the expressing any opinion the merits of the

ruptcy jurisdiction when, instead of remaining some part of the evidence for the Crown which tions for the accused, and the most scrupulous is bus upon the broad principles of justice. in Anant he comes himself to the Colony to he could easily rebut had be known it. If he exactness in the conduct of the proceedings, and For the purposes of the judgment, I have take some part in the transaction of his business. does not know it he cannot do so. Thirdly, if that time and money are nothing compared with assumed throughout that counsel for the But I do not bass my decision on that ground, he cannot assist his counsel in cross-examining law, as we have laid it down, unless a higher irregularity that was being committed. As fandanantal principles of jurisdiction as I have ho does not hear what the witnesses are saying, liberty and life. I have little doubt that the

prisoners was consciously aware of the because I believe that consistently with the them. I confess, that without looking at the tribunal says it is wrong, will he acted upon a matter of fact, however, I should think explainel them, and consistently with the remarks authorities, the question presente no difficulties, throughout the King's Dominions,

it exceedingly unlikely that it came to r. I have already made, and must presently make, where the prisoner is not defended by counsel, The Prisno Judges said-I do not propose to Calthrop's notice while the evidence for the on the extraterritorial provisions of the colonial and the real difficulty arises from the fact that review the facts at any length, nor to deal Crown was being given that evidence was not bankruptcy law, this debtor is properly subject in this case they were defended. But the minutely with the numerous authorities referred being interpreted to his clients. He was entitled to that law. As I have endeavoured to explain priori arguments room to me very strong, and to by Counsel on both sides in the course of to assume, as the Court and the Attorney-Generalit, I have not held that he is clearly

with The third is specially concerned with the fact the facts and the authorities have been being regularly conducted, and that everything sideration I use the word "properly" advisedly. the first applies whether there is counsel or not.

it, a very full and exhaustive argument. I think must have assumed, that the proceedings were but having given the matter very careful ecn- that there is a counsel. The second may in sufficiently dealt with in the judgment of the that the law required would be done. It appears This really disposes of the care before us, but some measure be answered by the fact that the learned Thief Tastice, with which I agres as if the irregularity escaped his notice altogethe question hura now in my mind is whe- depositions taken before the magistrate have generally. But I fuel bound in a case of this 1er up to the middle of the caa: for the fefence, ther this Ordinance 6 of 1902, having. therefore he has notics of what is going to be my own lines, and I have endeavoured to set took time to consider the suggestion thrown out already boon translated to the prisoner, and importance to write cut my own conclusions on when he very properly reserved the point and been referred to, I ought not to go further, said in the box at the trial. But this not out the result as briefly as possible. The facts

and express my opinion in it and upon the conclusive, because it does not apply to new

by the Court. It would clearly be a monstrons larger question which is involved in it. This are shortly as follows: On the hearing of thing, if, when men were being tried for their ordinance is most frankly extraterritorial, and statements which may be made in Cross- charge for murder practically the whole of the lives, the Crown was antitled to reply that therefore it has become necessary to consider examination. Moreover, the depositions are evidence fr the prosecution being given in a it was the duty of counsel to notice earlier the question de initely. I am glad I have done so. part of them is specially made evidence, and

ovidience at the txial antil any langauge the prisoners did not understand, what was going on, and that because he had not because the conclusion which I have come to is a

none of that evidence, was therefore I think that the e a priori reasons in

interpreted done so, an objection of such weight must be surprise to myself, and has upset my own precon- to them at the trial. The question is, then, overrated as coming too late in the proceedings.ceived notions on this important question of favour of

the conviction are very whether a conviction obtained under such cir Now, again, is it possible to hold that the colonial constitutional law: I must in the first. strong.

of quashing

Dumstances can hold good. Now, leaving out authorities, Lordship, after quoting numerous

-None of the casos oited of consideration for a moment the fact that, prisoners, unlettered" and ignorant men, silphen criticise ordinance, 6 of 1902 as

any ration that they were consciously unsatisfactory piece of draftsmanship, Con- therefore support

Attorney General's these prisoners word defended by counsel, I will abandoning u right the law entitled them to tinning, his Lordship aid it included a contention that he translation of the evidence take an elementary case, that of an undefended claim. Suppose the case of an Englishman definition of del tor which already included to a prigonor who does not understand it, ia a prisoner who hears none of the evidence given who should be on trial on a capitul charge two definitions as conditions preliminary to the Judgment and been given by Acting Chief mere irregularity in proceedings. On the against him, and who, in fact, has no more per- when travelling in a foreign country, of whose presentation of a bankruptcy petition. The clause slepe should be covered with dry stone pitching, Justice Bourne of the Supreme Court for China and looking at the reason of the thing, I have from Court altogether. The genera rule in a ignorant. Suppose that, either by the efforts of two redundant provisions, and he was not quite contrary. the authorities are all the other way, ception of the proceedings than if he was absent language and procedure he was entirely not having been repealed there were therefore in accordance with the original design; and the and Korea, sitting in the Provincial Court st sizes and distribution of the materials in the Canton, in the action heard before him in which grave an irregularity as could well be imagined, personally appear at the bar of the cart in government, he should be provided with

no hesitation in saying that it in not merely as criminal prosecution is that the defendout must his friends or by the good offices of the foreign sure that that might not cause some confusion. rubble mound should, in the main, bo in accord the owner of the junk Mun Cheong claimed and clemen al principles of justice for which, read, and to plead to it sad fwther, that the first request of on educated man posses territorially is in the case of it is passed in but that it is contrary to these fundamental order to be arraigned by hearing the indictment advocate to assist him at the trial. Surely the that a Colonial Legislature can only legislate

Proceeding his Lordship

skip said:-The principle $60,000 from the China Steam Navigation to use The Consulting Engineers entirely concurred Company for the loss of their boat and cargo rhetorical, yet pregnant with meaning whole of the proceedings. He has, in fact, would be that the whole of the evidence at the the absence of special instructions from Home

a phrase of one of the old judges, defendant must remain in Court during the ing the least familiarity with courts of law limited therefore to this, that if it is in believing it to be necessary that a trench by collision with the defendants" steamer English administration of justice is so justly tight to be present at the trial as long as trial should be carefully interpreted to him. If. it is the duty of the attorney-General to call should be dredged in the mud for the purpose of Nanchang in the West River on the 12th famous, and which has made it respected and he conducts himself properly, and the law is so being illiterate, he should through ignorance or the attention of the Colonial Office to the point reducing the lateral spreading of the foundation, | November. Mr. Loftus Jones from Shanghai remains, is whether the fact that the prisoners Criminal Procedure Act, 302. Eee also Arohi forboar calling the attention of bis advocate to his explanatory report, and the Secretary of

trusted by the people. The only question which stated by Sir James S. Stephen, Digest of timidity refrain from making that request, and in

State as the constitutional adviser of the were represented by Counsel makes any differ bald's Criminal Pleadings, 23rd edition, page the matter, surely he would not think it conson-Sovereign will advise the King whether to eace, for I am clear that in a case where the 186, "No trial for folcay can be had except in ant with the principles of justice for him to be disallow the ordinance or not. I am bound to conviction in such circumstances must be of this rale appears to be absolute. On a trial rights by not insisting on them earlier, and that 1902 to be defective in point of form and much prisoner was not represented by pounsel the the presence of the defendant." The rigidity told after conviction that he had waired his assume, although I consider the ordinance 6 of quashed. But this point is fully covered by for felony the prisoner must be in Court, Mis having already heard the gist of the evidence at in need of amendment, that the question has

The obvious way of contracting the width of the northern entrance was to continue the break water northward for some distance; but I had to point out that, if that were done, the contract. ed entrance would be blocked by the rocky shoal

Aristic Petroleura Co.'s Oil Works). The best

The larger scheme was designed to include the greatest area of water which, having regard rarely to the possibilities of the site, could be advantageously included. This area is much in excess of present requirements, and would pro-

years to come.

It

have it

which projects southward from K.M.L. 32:7the | bably not be fully utilised for a great roany was material, and contributed to the convio- the Regis bench becomes more idle talk manslaughter, the evidence of a witness at the onred to elucidate, the conclusion of law hased

way,

therefore, and ultimately the mos economical way, of narrowing the entrance

onld be to adhere to the position originally chosen for the north head of the breakwater,

and oriend the Oil Works point of land couth- ward, by reclaiming the rocky shoul. I reckoned. that the saleable value of the area reclaimed would go a long way towards defraying the cost of carrying out the reclamation.

The area of the smaller scheme is more than sufficient for the accommodation of the

number....

With regard to the matter of cost, the smaller scheme has the advantage of being some $273,000 cheaper than the other,

The southern entrance could easily be narrowed by curving in the south end of the breakwater sharply towards the shore; but I suggested that it would be preferabis to adhere to the original plan entirely, as far as the I attach three sun-printa from drawings pro- breakwater was concerned, and narrow the pared by the Consulting Engineers, showing southern entrance by building out a jetty from plens of the alternative schomes, and a cross the shore, in line with Sixth Street. The jetty section of the breakwater which is common to would be very useful as a public landing places both have the honour to be, Sir, Your and the reduced entrance would occupy a posi-obedient Servant, tiça where vessels could easily maka it without

having to hng the shore.

The Consulting Engineers approved of those anggestions and recommended that the widths of the entrances should be reduced accordingly -the northern entrance from 900 feet to 300 feet, and the southern one from 840 feet to 390 feet.

J. F. BOULTON,

Second Assistant Director of Public Works,

To-The Honourable,

The Director of Public Works.

AMENDMENT.

They considered that these widths would be MERCHANT SHIPPING ORDINANCE quite sufficient for the traf, aud for the promotion of such a circulation of water within the sheltered ares as would prevent stagnation The Amending Ordinance, read a first time in and the serious deposit of wilt. Those opinious the Legislative Council yesterday, is introduced were based on the information which I was able with the object of bringing the law of the to give regarding the nature of the traffe, and Colony relating to Merchant Shipping into line the strength and direction of the tidal currents. with the law of England by incorporating in With reference to the form of the break- the Merchant Shipping Ordinanco 1899 certain while approving of the general provisions of the Merchant Shipping Ast 1906 character of the original design, the Consult especially those extending to foreign ships the ing Engineers were of opinion that certain duties and liabilities at present imposed on alterations, which they considered of import British skipping in respect of deck and load line anco, should be made in the details. They and of live-saving applianceS.

water

recommended that the slopes abould be flattened; i Provision is also made for the survey of that a wide barm of five ton boulders should be motor boats not licensed under the Principal substituted for the ramp of ten-ton concrete Ordinance. Blocks; and that the upper portion of the outer-|---. slope, which was originally intended to bo covered with concreto in mass, facod with granite pitching set in cement mortar, should simply be covered with pitching consisting of two-ton concrete blocks set dry.

ance with that design.

The inner

SEQUEL TO A WEST RIVER COLLISION.

the rubble in dopocitel.

appeared for the plaintiffs on the hearing of the Having regne to the nature of the bottom on.

case at Canton on the 8th, 9th, und 10th instant which the breakwater has to be constructed, and the character of the local labon and materials and Mr. Galge of the firm of Johnson, Stokes available, the Consulting Engineers had no doubt and Master appeared for the defendants. that a rubble mound structure, such as I proposed Judgment was delivered in Shanghai yesterday was the proper and most suitable one to adopt favour of the defendants. Captain Archibald It is trus that during the construction of such a sat with the Chief Justice as nautical assessor.

The Attorney-General-Turks and Greoka only, my Lord.

His Lordship-I was only using a quotation. The Attorney-Goueral-There are English of course, my Lord, but I thought you wore going to add infidels and kerotics.

truth may be kept back. There may be law of England requires the. ntinost considers- present case, I venture to think my conclusion fortiori he would have come within the bank.

ho

I

11

* most*

Bertrand, the irregularity of reading the depo. footing, but I will deal with them later on. I lay he had not in fuot any roul cause of complaint: the authorities cited by Mr. Caithrop. In R. v. demeanoure are to some extent on a different the preliminary proceedings in an inferior court, been duly considered at home. For all these

sitions taken at the first trial, was acquirseed stress upon the importance of the ruls that the

reasons I am of, opinion that all the extraterri- The Chief Justice-The convictions are toriality provisions of the bankruptcy law of the Colony, including No 6 of 1902, are intra vires,

The Puiene Judge concurred.

in by the prisoner's counsel, and not passively prisoner must be actually present, because this quashed.