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THE HONGKONG DAILY PRESS, FRIDAY, JANUARY 7TH, 1910.
The French Mail of the 7th December Was
The Hon. Treasurer of the Altos Memorial and Affliated Hospitals begs to scknowledge
with thanks the following donation to the funds
of the Hospitals:
+
R. L. Ricketts
$20
The meeting in connection with the universal weak of prüfer this afternoon will be held at the Wesleyan Chapel, Wanchai, where Mr. G. E Lerrigo will introduce a discussion on "Families, Educational establishments and the Young."
A Chinese was charged before Mr. J. R. Wood at the Magistroy yesterday with kidnapping a child saves years of age from har parents, who reside at West Paint. Defendant pleaded guilty, and was committed for trial at
the Criminal Sessions,
The results of the speed and theory examina tion in shorthand held in Ootobor inat at St. Joseph's College have come to hand. Eight boys obtained theory certificates and all the four candidates passed the speed test. J. This obtained a full certificate of proficiency.
by a special convention. It may, we suppose, be taken for granted that the Chinese delivered in London on the 5th instant. plenipotentiaries when they discussed this Article of the Treaty, had before them a rough map of the territory over which CO. Portugal at that time claimed to exercise sovereignty, and the production of that map before any impartial man, be he Mongol or Caucasian, ought to be sufficient to enable him to decide whether it is competent for China now to contend that Portugal has no claim to territory adjacent to Macao over which she was exercising the rights of owner. ship when that Treaty was negotiated-rights which she had exercised for nearly three centuries before. If the delimitation of the boundaries was at that time known to involve such large questions as were raised by the Chinese Commissioner during the negotiations in Hongkong, it is inconceiv able that the Treaty provision would have been signed in its present form. The Portuguese Commissioner when he came out apparently had no idea that the negatia tions would assume the form they did. However, now that China has, definitely rufused to allow the dispute to be settled by The Hague Tribunal, public curiosity will be aroused as to what the next development will be or whether there will be any new development. The Treaty guarantees that se- long as the delimitation of the boundaries is not concluded everything in respect to them shall continue as at present, and China lus, therefore, precluded herself from interfering with the Portuguese n the quiet enjoyment of the territory they have occupied for so many years. China's NOUGAT, NÚTTONA WALNUT"victory" is therefore bat a sentimental
TOFFSE, FONDANTS, CARAMELS ba, ko, ka MACKINTOSH'S CREAM and TREACLE TOFFEE. CRYSTALLIZED FRUITS of the Finest Quality in Great Variety.
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Lieut. Col. G. D. Chamior, C.M.G., R.G.A., shortly compla es three years in the rank and receives the brevet of oclonal, Lisnt-Col, Chamier, who commanded the artillery during the defence of Kimberley, in the Boer War, joined the corps nearly 30 years ago, and gets his step at 48 years of age.
A Siamese Princess, the wife of H.. R. H. Prines Diol Nobharadh, has been drowned in one of the artificial lakes of the Dusit Fark Palace grounds. Princess Sirimah, who was a Lacs Princess, was bathing in the palace of Chow Dara, and it is not known whether she did not know how to swim or whether she was acized with cramp or heart failure.
A Chinese woman was charged before Mr. E. R. Hallifax at the Magistracy yesterday with kidnapping a married won 19 years of one, achieved by methods which will not age. While the defendant was arranging for enhance the world's respect for her, the woman's passage to Singapore at the diplomacy.
Ir is only to be expected that the question debated at the Sanitary Board as to whether a certain matter should be confidentially or publicly discussed has left an impression on the public mind that some grave danger to the public health is threatened by the pollution of the Pokfulum reservoir. We have heard dark hints of "a cholera scare,"
er something of the kind, but there seems to be not the slightest justification for any such A. S. WATSON & CO., surmise, and we think it is to be regretted that a statement was not made at the Board mecting which would have set the whole matter in its proper light before the public. A suggestion made by Mr. SHELTON HOOPER at the end of the discussion
ALEXANDRA BUILDINGS
Hongkong. 13th December. 1909.
125
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The Daily Press.
HONGKONG, JANUARY 7TH, 1910.
Oox Peking Correspondent, in a telegram we published yesterday, told us that
the
were 80
disclosed that the matter which the officials anxious to conceal from the public was a complaint from the military representative" relative to the discharge of dirty water from the aullah at Mount Austin into Pokfulum reservoir." It was brought to the notice of the Head of the Sanitary Department by Colonel BEDFORD three weeks ago. How long the
the
alleged dager has existed we do not know it is one of the things that the public might have been told in the course of the discussion,
for it would have enabled the public to form an idea of the importance of the matter.
Presumably what is now complained of has been going on for years, without detriment to the public health. If so, it might with ad-
Registrar-General's office the husband appeared and claimed his wife. The hearing of the charge trainst the defendant, who was represent ed by Mr. Otto Kong Sing, was adjourned, bail being fired in the sum of $200..
TELEGRAMS.
Protected by the Telegraphie Message
Copyright Ordinance, 1891.]
["DAILY FIRM" EXCLUSIVE SERVICE.]
OVERDUE STEAMERS
TOKYO, January 6th. The Nippon Yusen Kaisha has announced that two vessels, the Great Northern
Steamship Company's 'Minnesota and the NY.K." Kaga Mard" from Seattle are overdue.
(FROM THE CHIIME NGÓI BAY RA
CHINESE AND MINING CONCESSION.
PEKING, January 6th. The Governor of Shantung intends to raise the sum of taele 3,500,000 to redeem five mines from the Germans in this province.
JAPANESE IN MANCHURIA.
PEKING, January 6th. The Japanese merchants propose to Wireless reports from the latter erect a cigarette factory in Antung so vessel are to the offect that she is 1300 to compete with English and
American importers. miles distant from Yokohama with a damaged shaft which will involve a delay of six days. The nature of the accident to the "Minnesota " is not stated.
· {RXUTER'S SERVICE TO THE "HONGKONG DAILY PRESS."]
THE CHINESE NAVAL COMMISSION.
SPEECHES BY PRINCE HOUN AND
THE KAISER,
LONDON, January 6th. The Chinese Naval Commission had an audience of the Emperor William at Berlin, most of the Princes, includ- ing the Crown Prince, being prosent. H.IH. Prince Tsai Hsun, addres- sing the Emperor, expressed his re- spectful thanks for the reception, and said the name of the German Navy was of good report throughout the
l
SUPREME COURT,
Thursday, 6th January
IN ORIGINAL JURISDICTION.
BEFORE THE FULL CODET.
THE BABLE MISSION LIBEL CASE. The Hon. Mr. Roes Davies, EC. (Acting Chief Justice) and Mr. H. H. J. Gompert (Puisne Judge) sat to hear the point of low reserved for the consideration of the Fall Court as to whether the plaintiff in the libel action against the Hongkong Sheung Po was com petent to sus. Mr. M. W. Slade, instructed by Mr. Duncan, of Messrs. Deacon, Looker and Deacon, appeared for plaintiffs, defendant being represented by Sir Henry Berkeley, KC, instructed by Mr. Olte Kong Sing,
to murder on the part of the person who did it, I submit that andoubtedly might be both a charge of murder against the individual and a charge of incompetence against the corporation Libol may affect two sets of persons--the in- dividual and the corporation,
The Chief Justico-Although the corporation itself is physically impossible of committing the act alleged.
mitting acts, but it is not liable to the penalty.
Mr. Blade-It is perfectly capable of com
Your Lordships must draw a distinction be- tween a series of aots which will in the case of on individual.render the individual liable to the penalty imposed by criminal law and the civil consequences of those same acts when committed by an individual on behalf of his employer.
Sir Heary Borkeley asserted that no action
will lie, because this libel is in respect to property stated beyond Hongkong. The corporate
property is limited to Hongkong.
The Chief Justice-Rightly or wrongly, I.: differed from you there, otherwise if I had not, I should have withdmwa the case from the jury.
Sir Henry Berkeley-I understood you re- served the whole point of capacity to sue.
The Chief Justice-That is a question on which I was rightly or wrongly satisfied.
Sir Henry Berkeley-Burely I must be per- mitted to say that they have no right to suo?
Mr. Slade resumed his address and contended that if judgment were given for the defendants it would be open to Chinese newspapers to go on · libelling missions to any extent.
Sir Houry Borkoloy submitted that the libol contained an imputation of criminal offence-s charge of murder or manslaughter and as that imputation was a personal one an action for libel could not be founded on it at the suit of a corporate body. It was personal to the Mr. Blade This was an action brought by employee and did not reflect on the manage.. the plaintiffs, who are a corporation incorporatment of the business by the corporation. ed by Ordinance of this Colony, for a libal which, Mr. Slade replied to the argument of Bir they allege. to be a libel upon them. The Honry that the verdict of the jury mada no statement of claim states what the plaintiffs difference, and submitted that the question are Plaintiff is a corporation and carries on, which their Lordships had to decide was and at all times material to the issne in this whether there was any evidence to go to action carried on inter alia, the business or the jury that the untras words injured the profession of medical practitioner at Ho Yuen, plaintiff in its trading and professional character. in the province of Kwantung, in the Empire of The jury had found that they did injure the China" By their defence the defendants denied plaintiff.
Lance-Sergeant Counsell, of the Hongkong World. The admirable achievements that the practitioner carried on the business of
Police, died in the Government Civil Hospital of the German shipyards were also The deceased, universally known. His Imperial yesterday after a short illness. who joined the force in October, 1901, lost his wife about a year ago, and since that and occur.
Highness rejoiced therefore to see renco he appears to have failed rapidly. He Germany's progress with his own eyes. leaves two children, one sred three and one He expressed the hope that the scarcely twelve months old. His remains were interrod in the Happy Valley Cemetery yester friendly relations between Germany day afternoon, a large number of the police and China would grow more intimate, The funeral service was conducted by the Rev. following their comrade to his last resting place that peace and harmony would ever C.H. Hickling.
prevail, and that the Emperor would enjoy many years to happily reign over his people.
Their Lordships reserved their decision.
AN EXTRADITION CASE.
medical practitioner at Ho Yoon. The plain-
Mr. Slade moved for a rale nii to be directed tiffs' corporation gare evidence that at Ho Yuen they had a hospital under the charge of a to the Captain Superintendent of Police to qualified medical men in their employment. show cause why Sun A Wah, now detained in At that hospital chargos were made to those Victoria Gael, should not be discharged from who could afford to pay, but in cases of extreme custody. The proceedings were under the poverty medical assistance was given gratuitous Chinese Extradition Ordinance, Mr. Blade The defendante tendered no evidence at was instructed by Mr. Otto Kong Sing
1.
all in any issue in the case, so the position of The Acting Attorney-General (Hon. Mr. P. affairs is that it is an uncontroverted fact that A. Hazeland), and Mr. G. C. Alabaster, the plaintiff society carried on the business of a instructed by Mr. Bowley, Crown Solicitor, hospital and medical practitioner ut Ho Yuen appeared for the Crown, and Sir Henry Although it was proved in the evidence that Berkeley, instructed by Mr. Dennys, appeared
for the Chinese Government.
Twenty Chinese naval cadets, sons of highly
the plaintiff was a missionary society and did placed cfficials, who have come to Great Britain,
not carry on the hospital for pecuniary profit, says a Service journal, to receive naval training. The Kaiser, in reply, thanked His yet it was a business according to the are staying at Southsea, under the care of Capt. Imperial Highness for his friendly authorities. The question of carrying on a Li, of the Imperial Chinese Navy. The cadets,
are made for services rendered, but where no who are sixteen and seventeen years of age, will words. The dispatch of the Commis-Philanthropio institution when small payments spend foar or six, and in some caso eight years, sion afforded him lively satisfaction, attempt is made to carry it on at a profit, in England. Six of them are going to the and he had given orders to facilitate has been considered in a number of cases Royal Naval College, Greenwich, as students to the utmost their task. He hoped and the remaining foarleen will be apportioned to the naval contractors' yards on the Clyde and His Imperial Highness would find the True. Eventually, after training, they much worthy of interest in Germany's will return and take up posts in the Imperial achievements, and he was convinced Chinese Navy.
that the visit would contribute to foster and strengthen the very friend. between China and
Ozgood, a new American writer who is described We are advised by mail that Miss Iron as "a coming lady novelist," will travel in ly relations Hongkong this winter and write up the conatry: In a biographical sketch which accompanies the intimation we are told that the
Germany.
This business which the scrporation carry on
Mr. Blade said Sir Henry appeared for some person unknown who had no right of audience in the Court.
Sir Henry Berkeley--I ask to be allowed to appear on this rule to show cause on behalf of the foreign Government interested in the extradition against the rule being made ab
solute.
undoubtedly would be a business were it carried
The Chief Justice-The Chinese Government? Bir Henry-The foreign Government în this on by an ordinary person for the purpose of instance happens to be the Chinese Government. In making this application I am acting in making a preft out of it. I mbmit that accordance with the established practice in corporation carrying on business must carry on refer your Lordship to the case decided its business by means of parsons in its employed and with the enstom of this Court, I
ment. A corporation is a legal entity which carries on such business, trade occupation or calling, as it is in fact carried on by means of persons in its employ. Counsel then dealt with the law us to litel, pointing out that The Emperor decorated Prince Tsai if the words complained of wera capable of a defamatory construction the question as
the jury, and explaining that the jury had Red Eagle.
to consider whether the words used were defons tory and whether they damaged the doctor and
before the Fall Court on May 31st, 1837, before Chief Justice Russell and Puisto Judge Lach in the matter of Leung & Foo brought before Your the Court on a writ of habeas corpus. Lordships will find in the case that Mr. Francis, 2. C., appeared on behalf of the Chinese Gor- erment to support the warrant of commitment. After referring to the practice in England, where the repzesentative of the foreign Govern
that there was no representative of the Chiness Government here was the only reason for the omission to serve notios on the Chinese Govern- ment in accordance with the practice in England. There is no diplomatic represents- tive bore. There is a representative other than diplomatic representing the Chinese Govern- ment.
vautage have been stated in the course of the lady comes of a vary old Virginis plantare Hain with the Grand Cross of the to whether it was a libel or not should go to mentis served with a notice, ho said that the fact
apprehension we may point to the fact that the complaint was received three weeks ago and will not be dealt with" by the
stock, and that while still a girl she found
The Commissioners leave to-morrow herself for a tire commanding the enormous marriage she went to Europe, and has s yearly income of £30,000." Soon after her for Stettin, thence they will go to veritable earthly paradise at Guilsborough Hamburg, Kiel, Essen and Elbing,
ini the heart of Pytchley, inspecting shipyards and foundries, Hall, Bot
the society.
Sir Henry Berkeloy-The sole point is whether the plaintiff as a corporation is entitled
LATER.
?
та кие.
part Ssendsen's Romance-with-a-violin solo by THE NEW FRENCH TARIFF. Herr Krueger was the best appreciated item, though pastinted applause was also accorded
the musicians for their fins rendering of
ALARM IN GERMANY,
The Chief Justice –That was your case, Sir Henry Berkeley-Always assuming they had a right to sue.
OF
Chief Justice-Who is the person represent-
Sir Henry Berkeley--I am, andask to be keard, Mr. Slade I should like to know his authority.
realise I
Sir Henry Berkeley-Of course I am retained, I would not be hero. It follows if a foreign
Government may be served with notice
to show cause why a rufê nísi should be made it must have the right of audience or it could
Mr. Slado-The jury held that these untrue not show cause, words did injuro the society.
Sir Henry Berkeley-If they could spe. Mr. Slade vent on to deal with the right of a corporation to bring actions for libel and slander. He quoted Lord Fisher's words to the effect that the low of libel was one and the same as to all pinintiffs, and that every motion for libel where
Chri Justice-But in the case tried here ?" Sir Henry Berkeley-There can be no reason why the courtesy of this Court should not be extended to a foreign Government.
The Paisne Judge--I think we might hear Mr. Slade,
discussion, and especial attention might have been drawn to the report of the Government Analyst submitted at the same meeting. A sample of water taken from the Pokfulum service since the date of the complaint was certified by Mr. BROWNE to be of "excellent Northamptonshire." Chinese Government in declining quality," and if anything further is necessary
Mr. Slade-Yes, but I must clear the grounding the Chinese Government? The many music lovers who attended at the H. I. H. Prince Tsai Hsun visited The jury, were further asked whether the serious to refer the Macao boundary dispute to The to satisfy the public that no cause exists for Club: Germanis last night to hear the concert Hague Arbitration Tribunal for settlement gives the excise that foreigners favour
giren by the band of E.M.5: Scharnhorst the German Chancellor yesterday after reflections in the libol on the doctor and mission. I enjoyed some excellent orchestration. The noon, and dined with Admiral vonary did in fact damage the plaintif society. programme was very comprehensive and included foreigners." China could not have given to the world a more correct measure of the
selections from the great mastors as well as from Tirpitz in the evening. Board for another ton days. To discuss the works of modern composers. In the first iguorance, self-conceit and the menta
such a matter as this or camera is but myopia of her statesmen, than is conveyed by those three words, impugning the to manufacture a scare. Much the better integrity and impartiality of a Court which plan in the interests of all concerned commands the implicit confidence of the would have been to bring the matter whole civilized world. The plain fact of the publicly before the Board accompanied by matter is that China is trying to wriggle special report on the subject from the
Public Analyst. out of the Treaty made with Portugal in 1887. By that Treaty China confirmed to
For being in anlawful possession of four Portugal the "perpetual occupation and baskets of coal a native was fined $5 or fourteen government, of Macao and its Dependencies days' imprisonment by Mr. J. B. Wood at the by Portugal, as any other Portuguese Magistracy yesterday. possession." The question for decision
At the Magistracy yesterday Mr. E. R. then would appear to be: What did the Hallifax fiued an Indian watchman $3 for being Colony of Macao and the Dependencies asleep on duty at the Hongkong and Whampoa comprise in 1887 when Mr. J. D. CAMPNELL, Docks, of the Imperial Maritime Customs, discussed For stealing a quantity of clothing and $91 Hie-subject at Lisbon wider Portuguese from how in Fit Hout us Contral the day? What District, Mr. Halifax at the Magistracy Foreign Minister of did the term gmprise a few months yesterday sentenced a satire to three months! Inter when'n Treaty was negotiated at Peking imprisonment with hard labour. in which China confirmed in its entirety the
a
WAS
Two Hungarian Darees by Brahm. Der Fliegende Hellsender" by Wagner beautifully rendered. The second part was in the same catholic taste. Offenbach, Caibulka, Powell, Lehar, and Jones being represented. "The Troubadours" and Gold and Silver were among the most popular selections. Tho. attendance included H.E, the Governor.
LONDON, January 6th.. The new French tariff has created alarm among the German manufacthe statement complained of was or was not a tarers.
It is declared that the tariff will deal a serious blow to German exports Excellency the Governor is giving an to France, as it will practically destroy Official Dinner af Government Houso to: morrow, the 8th instant, to which the following the French market for many German
manufactures. been invited :--General
have
Sir John French, Brig.-General Henderson, Mr.. Brett,
ΠΟΔ
FOR THE UNIONISTS
Admiral von Ingenohl, Captain Maars, Cap- LORD ROSEBERY'S ADVICE. tain Grasshoff, Captain Heaser, Mr..
ANITOR CORUM) Brøndwood, Captain Heath- cote, Captain and Mrs. Stewart, Captain and Dira, Murray, the Bishop of Victoria and Mrs. Lander, Mr. and Mrs. Gresson, Sir Heary and The steamer Sultan, in command of Capt. | Lady May, Mr. and Mrs. Hewett, Mr. and Mrs. article of the Protocol we have quoted, and Trean, while on a voyage from Singapors with J. 1. M. Smith, Mr. and Mrs. Montague Eds, expressly agreed that "everything in respect a cargo of explosives, struck rock outside of Mr. and Miss Stirling, Admiral Sir Hedworth Trang river on the Perak Coast. She sprang Lambton, Captain Clinton Baker, Commodoro, of the boundaries shall continue as at a leak and made water rapidly, and it is expected. Mrs, and Miss Lyon, Dr. and Mrs. Baiss, He says he writes with pain and present, without addition, diminution or that she will become a wreck. The cargo was Commsider Fuller, Captain Lima,--Captain
Fitzherbert, Dr. and Mrs. Voretzsch, Mr. reluctance, but as his conscience and alteration by either of the parties," until the transhipped into another steamer and taken on
Bandow, Captain Hera, Comm. Volpicelli, patriotism dictate. delimitation of the boundaries is concluded to Penang.
Captain Farquhar.
LONDON, January 6th. Loid Rosebery has written a letter advising the electors to vote for the Unionist candidates.
libel depanded on the question whether the jury were of opinion that what had been published with regard to plaintiff would tend in the wind of people of ordinary sons to bring plaintiff into contempt, hatred or ridicule or tajure his character. It was so that there
Mr. Slade-I did not know, this was going to be argued,
cent make no claim to right. They follow procedont in England, which has been adopted previously, and that your Lordships will hear them in their application for the extradition of the criminal applied for
Sir Henry Berkeley The Chinese Govern-
counsel appeared against him, and went on to Mr. Slade said he did not mind how many
say that if the Chinese Government and the
TUB
British Government liked to have a fight in might be a charge of libel brought against a Court over the interpretation of the treaty more power to their corporation which was of such a character as to then he would say
elbows."" render libel moaningless because the corporation
The Chief Justice With regard to the. would be impossible of moral injury.
question raised we have before The Chief Justice-Would not murder be direct precedent for the Chinese Govern- ment being represented in this Court, and with- such a case?
out in any way endeavouring to critious or set aside the decision of the learned Chief Justice. in the ease stated we are disposed to hear Sir Henry on behalf of the Chinese Government and to consider the point raised by Mr. Blada aud give more fully our reasons for the course we adopt in the judgment horeafter,
Mr. Siade-It all depends. If it were said of a corporation which was a municipal corporation that it committed murder it would be no libel, because a municipal corporation cannot commit murder. But where it is said of a corporation which carries on the business of a hospital that they had conducted operations in such an unskilful and unprofessional manner that death resulted, and their carelessnes and ignorance of all ordinary rules of the pro- fession were such that the death amounted
Mr. Blade then addressed the Court, arguing, Arstly, that there was not proof that the prisoner was a subject of China, and, secondly, that no foreign warrant or equivalent or any written document of accusation mete in China had been produced.
The hearing was adjourned-untik Baturday:
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