1913-12-19 — Page 3

THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 19Tm, 1913,

TELEGRAMS. HONGKONG LEGISLATIVE

(TROUGH BRÜTER'S AGENOX.]

HOME RULE SEQUEL.

SIRA. BOSCAWEN AND A TERRITORIAL

PRIZELIVING,

DUDLEY, December 18th. The Officers of the 7th. Territorial Worcester Regiment requested Sir Arthur Boscawon to cancel his engagement to preside at their prize-giving on account of a recent speech in which he said that he would resign his command of the Special Reserve Battalion of the West Kent Regiment. if a single soldier was ordered to fight the men of Ulster, on the ground that his speech was prejudical to disciplino. Sir Arthur Boscawen, accord- ingly did in preside at the gathering The cor which took place yesterday. respondence which passed on the subject has been published

THE MEXICAN REBELLION.

REBEL GENERAL'S LOU-BANDED PROCEEDINGS,

MEXICO CITY, December 18th... General Villa has confitented all the property of Senor Te azn, a wealthy landowner, and his nephews named Cree), worth many millions of dollars. uf Senor Hholds to ransom the son Terina at Chiannina.

L'ENTENTE CORDIALE.

LONDON. December 18th. H.M. King George has telegraphed to President Poincaré expressing his lively satisfaction with the fresh proof of the tinato relations existing between France and Great Britain, as shown in the cordial reception of the British Fleet at Tuufant

President Poincaré replied that he was glad to have that fresh opportunity of ananifesting that friendship.

CANTON NOTES.

[FROM OUR OWN CORRESPONDENT.]

CANTON, December 17th.

BIG REMITTANCE FROM PEKING. At last intimation has been received by the Civil Administrator from the Board of Finance that the long-expected remit tunes of 83,000,000 (for which, it may be remembered, scores of telegrams have been sent) is coming forward through, the Hongkong and Shanghai Banking Cor- poration. This sum is specially requisi tioned for the purpose of maintaining the. value of the paper currency, which it may incidentally be mentioned, has shown a further depreciation during the last two

days. Most of the native bankers seem to be of the opinion that it may yet he worse notwithstanding the seemingly in- defatigable efforts of the Government,

MR. KANG YU-WEL

After attending to the final burial of his mother's remains, Mr. Kang Yu-wei came to Canton to visit Tutuh Lung, with whom he discussed a number of political questions, He stayed at the Yamen for one night and returned to his native homo again the following morning.

GOVERNOR GENERAL OF INDO-CHINA IN CANTON.

H.E. M. Sarraut and suite arrived here from Hongkong yesterday afternoon, Early in this day an extra number of police were put on duty to accord the distinguished guests due protection, and, as His Excellency landed at the Govern- ment, Pier, he was saluted by a guard of honour, which consisted of several hundred members of the Chai Kwan and the Land Army, together with their bands under the conimand of the Chief of Police.

M. Sarraut and his party proceeded to the Tutuh's Yamen, where they were welcomed by Governor-General Lung.

In the evening His Excellency and suite were entertained to dinner, the various Consula on Shameen being present. The cordial relations existing between two Republies were duly emphasised.

the

the

HONGKONG CRICKET CLUB.

The

represent following will FI.K.C.C. in a friendly match against the Craigengower C.C.-to-morrow on the H.K.C.C. ground; play to commence at 2 pm-A. C. EE borough (Captain), G. E. Aubrey, F. K. Brownrigg, C. C. Clarke, P. H. Cobb, D. E..Donnelly, A. L. Gace, R. Kennedy, M. M. Maas, S. S. Moore, and T. E. Pearce.

CRUISER FOR SIAM.

The Siamese Government has it is stated, provisionally placed an order for a small protected cruiser with Messra. Armstrong, Whitworth & Co., Elswick.

COUNCIL.

A meeting of the Hongkong Legislative

Lastly, the penalties are slightly altered, being

in stang cases of technical contraven tion of the in diminished and in other cases of more serians breaches enhanced The Bill is divided into four parts, after the winl preliminary formal definitions:-

Part I. (sections 5 to 18), deal with Ram

THE EXTRADITION CASE.

YESTERDAY'S PROCEEDINGS,

the

the Treasury. Thus far his Worship might hold that there was no criminal intênt at all, but the law was quite clear that where a man, received property.

INTIMATIONS

quite lawfully in the first instance, and XMAS GOODS

The hearing of the case in which cxtradition of Chung Sau Nam to China it might be, without criminal intent, and afterwards changed his mind and appro is sought was resumed before Mr. J. I.priated it, there was evidence of enimus

furand

| Council was held on Thursday at the Op 11. (sections 19 to 34); deals with Wood at the Magistracy yesterday,

Council Chamber,

The following were present¿--

BIS EXCELLENDY THE OFFICER ADMINIS TERING THE GOVERNMENT, Hon. Mr. CLAUD BEVERN.'

H.E. MAJOR-GENERAL F. E. KELLY, CB.

Hon. Mr. A. M. THOMSON (Colonial Secretary).

بر

Prepared Opium and Dross Opiumi.

Part III. is the general part danling with administrativo and legal procedure, powers of seizure and arrest, penalties and misech laneous matters.

Part IV, comprises the comporary provi sions to which reference has already been

made.

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

Hon. Mr. E. R. HALLIFAX (Secretary for General:--- Chinese Affairs).

Mr. Eldon Potter and Mr. F. C. Jenkin His Worship-I think I am with you (instructed by the Assistant Crown there Solicitor, Mr. P. M. Hodgson, and Mr. B. F. Master, of Messrs. Johnson, Stokes & Master), appeared in support of the extradition, and Sir Francis Piggott and Mr. C. G. Alabaster (instracted by Mr. G. K. Hall Brutton and Mr. W. B. Hind, of Messia. Brutton & Hett) were for the defence.

Mr. Potter said he desired to get a

clear

Mr. Potter further said that he agreed with Sir Francis Piggott in his statement that they would find it difficult to prove larceny in Canton, but he would prove embezzlement." In regard to the third charge, he submitted that there was 40- obvious case. The only question before his Worship was whether there was Kwangung Government at the time, or whether it had been wiped out.

21

THE DENTISTRY GRDINANCE. The ATTORNEY-GENERAL moved the first Hon. Mr. J. A. S. BOCENILL, K.C,

reading of a Bill entitled, "An Ordinance to provide for the registration of quali |(Attorney-General).

fied Dental Surgeons and otherwise to Hon. Mr. A. G. M. FLETCHER (Colonial regulate the practice of dentistry,"

His Worship gnid he was rather doubi- Treasurer).

The COLONIAL SECRETARY secunded, and iden of Sir Francis Piggott's position in ful whether the fugitive was a servant

first time. the Bill was read sons of the Bill are regard to the Kwangtung Government in the first six months of 1912, but he did of the Kwangtung Government, He was The Objects and set out as follows by the Attorney

not again take service until the 28th July, The object of this Ordinance is to

and he took the cheques on the 2nd August and cashed them, subsequently, Was he endeavour to protect the public in some

Superintendent of the Treasury from the measure against the practice of dentistry

25th July onwards? He only assumed by incompetent and gualified persons.

The Bill contemplates the catablishment of

duty after the Treasury had been seized by the rebels: Register of Dental Surgeons which shall he published annually in the Gozette and shall contain the anmes of all persons perly qualified to perform dental operations The qualifention for enrolment on the Register as a Dental Surgeon will be prescribed by regulation.

Hon Mr. C. McI. MESSER (Captain Superintendent of Police).

Hon. Mr. Wei YOR, CMG. Hon. Mr. H. E. POLLOCK, K.U. Hun Mã. II CHƯ PAR Mr. R. H. Crofton (Clerk of Councils).

MINUTES.

The minutes of the last meeting were confirmed.

FINANCIAL MINUTES.

·On

The COLONIAL SECRETARY, by command of His Excellency the Olliger Administering

Jaid

table the the Government, Financial Minutes Nos. 70. to 76 and 77 and 78, and moved that they be referred to the Finance Committee.

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

FINANCIAL

The COLONIAL SECRETARY, by command of His Excellency the Officer Administer ing the Government, inid on the table the report of the Finance Committer (No. 16) and moyed its adoption.

The COLONIAL TREASURER Sccunded, and the motion was agreed w.

INFECTIOUS DISEASE BYE-LAWS. The COLONIAL SECRETARY-I beg to unre that the Council approve of the bye law made amter section 10 of the Public Health and Buildings Ordinance, 1910, which runs as follows:-

under Chan Kwing Ming, and would quote two passages from the Daily Press which, he thought, made it quite clear. In the issue of the 13th inst, his friend was reported to have said that:-"They might smile now that it was all over, but the fact reniaid that the Provincial Assembly nominated Chan Kwing. Mioga as President of the Republic, and for that brief, fortnight Kwangling by its In order to protect the rights of any deliberate action, was an independent. persons who ray by long practies in though unrecognised, State, and Chan acquired saitable prociency in the subject | Kwing Ming was the representative of the without definite dendemic degree, the Bill

ha de facto Governacht." cables certificates of esemption to granted to such persons which will enable them to nntinue to earn their living ia the manner in which they have hitherto

OUR CONFIDENCE JUSTIFIED.

--We undertake to refund tho. Cost of any

Article if any of our Customers are not satisfied,

we know how excellent our Goods- ara. Such an offer would not be unde if there was the slightest doubt about our Goods, All-we

Mr.Poster said he did not think that mutter which must go to the jury to atcerel. He thought this was absolutely decide whether in fact there ever was a wangtung reel Government That would be very material fact, because if the Kwangtung Government never ceased to exist at all, and if Chun Kwing Mings ask is your inspection. sole nim and object was not to separate the Kwangtung Government from the Republic, but merely to have a slap at the President, then undoubtedly the man H. Mr. Potter-It seems to put the matter would be in the employ of the Kwangtung quite clearly,

Sir Francis-Yes. That is so.

Sir Francis-That is part of my posi tion-fot all.

done

It seems impossible to interfere with the practice of dentistry by Chinese persons in view of the very large population of the

Mr. Potter This is a misnuderstanding Colony; there exist many thousands of persons who would not be able to afford which I wish to clear up because the payment Fat the sorvices of those qualified professional men, whose names world appear Crown regards it as a very serious on the Register, nor does it seem reasonably position.. There is another passage of the possible to suppose that there is at present speech of my Friend in the issue of the or is likely to be in the immediate future 10th inst. La ing the whole of these a sufficient number of properly qualified dentists ndequate to rest the waits of the proceedings ignored altogether the period inesses n the inhabitants of the Colony, of the Republic of Kwangtung." So that, For this vason, the Bill provides clint it

I think, is quite clear. shall be lawful for persons of Chinese raus to practise dentistry.

4

Government, and it would not matter whether he went there at the request, or at the suggestion, of the rebel leader. Counsel pointed out that the fugitive in the his affidavit always referred to Governmen

as the Government of the

and this was absolutely inconsistent with the suggestion made by easy for the defence that Kwangtung was an independent Republic."

As to the fifth charge, Sir Francis had said that the prosecution had not called Chan Ewing Ming to prove the directions gwen at the time the order was landed to the fugitive, and that therefore the Potter had proved the presentation of evidence on this was incomplete. He (Mr. the order at the Treasury, and the evidence betore his Worship showed that that

easy was to be used for a certain pur

puse.

Sir Francis Piggott-For a certain pur pose true, but not by somebody

Sir Francis-Everything I said during The Bill does not apply in any way to the and of my argument was governed by professional medical inen.

what I said at the beginning Of course By-law No. 1 of thug Notification of

Apart from the shove limitatiens it is. Infections Disease Bye-laws made underlaid down in the Bill that no person other I need these terms to express something Section 16 of the Public Health and Build than il registered Dental Surgeon or which I had already endeavoured to ings Ordinance, 1983, and published at page exempted person shall in any way what 475 of the Regulations of Hongkong, 1910, serer hold himself out or offer his services explain beforehand. Those are conveni is hereby amended by the insection of the as a Dental Surgeon. Doctor or under any ent terms for the sake of representing. words "paratyphoid fever" between the other misleading appellation or title which words "Yolapsing fever! and For" in the would indicate that he is littusil or what we have to talk about. I was second line thereof.

authorized or qualised in any way to endeavouring last night, when Mr. Potter perform dental operations; this restriction quoted something from my book, toenee, but he had not done so thus far. is of course applicable to all persons (except explain. I have been reading that, and professional medical men) who are not on the Register Dental Surgeons

othere is no doubt that there is one hiatus exempted parsons. The penalty for con in my argument. It is a very small travention of this prohibition against the

matter:

The Bye-law as amended will read as follows:

by

(1) any inmate of any premises. Le suffering from plague, chelezo, small- pos, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing fever, paratyphoil fover, or puerperal fever, and if such inmate be under the cure of a legally qualified and

registered medical Practioner the said medical practitioner shall forta- with furnish the Medical Officer of Health with a notification thereof in writing stating the name of such inmate and the situation of such premises. Such legally qualified medical practioner shall be entitled to receive, an application to the Secretary, the sum of $1 for each and every such notification."

1 may add that this amendment to the law has been passed unanimously by the Sanitary Board.

The ATTORNEY-GENERAL seconded, and the motion was agreed to.

THE OPIUM ORDINANCE

The ATTORNEY-GENERAL moved the first reading of a Bill entitled "An Ordinance to amend and consulitate the Jaws relating to Opium.

The COLONIAL SECRETARY Seconded, and. the Bill was rent a first time.

Bill the following statement of its Objects The Attorney-General appends to the and Reasons : ---

as

of misleading titles by unqualified persons is a heavy fine and the possibility.

Has EXCELLENCY-Council will resume after the Finance Committee has sat, this being, presumably, the last meeting of the year

FINANCIAL MINUTES.

The Officer Administering the Govera ment recommended the Council to pass the following votes

Seventeen thousand dollars ($17,000) in

aid of the vote Public Works, Recurrent, Hongkong, Maintenance of Buildings.

Nine hundred and thirty dollars (8930) in aid of the vote Education, 4-Depart ment of Director of Education, Other Charges, Queen's College:

$900

Language Bonus ...... Language Study Allowance (Chinese) to Assistant Master

Tetal

30

$930

Mr. Potter-I was going to suggest to your Worship that I am, merely answer ing my friend's submission as to no case," and, therefore. I need not argue the point as to your Worship's powers.

Sir Francis-I cannot be held to admit that for a nioment. I must consider it. There are many points which come within your Worship's jurisdiction which show that there is no extradition crime.

Mr Potter-As I understand it, the only point before your Worship to show

that there is no extradition crime is the fact that the property is not inid in the right person, and I certainly would be the last person to suggest that that is not within your province. At the moment it does not strike me that there is any point before you exper that.

Sir Francis-Yes, there is martial law Mr. Purter-As regards that, my friend admit that it is an absolutely novel point, and he was not sure about it. I will come will be satisfied that you cannot deal with it, and that even if you could, there that in a moment, and I think you

is nothing in it.

Proceeding to deal with the point made by Sir Francis in regard to the necessity

Mr. Potter contended that the evidence went to show that the fugitive get that The fugl mony for a certain purpose. tire might be able to overthrow that evid

Not only did the fugitive not comply with this particular purpose, but he put the money into his own pocket and claimed it as his own.

Sir Francis contended that the only possible way of proving that crime was by the evidence of the person who entrusted the fugitive with the money and the person who gave him the order.

His Worship then intimated that he proposed to give notice to the Crown Solicitor with reference to the second charge and to forinally discharge the fugitive on the second charge.

Sir Francis-Well, that will carry, us on a bit, but we want a little more than that. (Laughter.).

His Worship With regard to the other four, I am now considering if I shall put you on your clection as to whether you will call evidence or not.

Sir Francis said he did not think his do that. He had Worship could expressly asked his friend to pestpone dealing with two points which went to the foot of the matter.

His Worship-The reason I have asked Mr. Potter not to deal with those two questions is that i am inclined to be against you, and that the questions, do

concern mir.

Sir Francis said that if that was the case he must reply to his tearned friend. against him. He would contend that he had got the right to reply. He wanted to know why his Worship was

RUTTONJEE

& SON,

WINE AND PROVISION MERCHANTS,

[31

MAPPIN&WEBB,

LIMITED.

NEW CONSIGNMENTS

STERLING SILVER WARE.

PRINCE'S

PLATE

(GUARANTEED FOR 30 YEARS)

OUTLERY

From the

SOLE AGENTS:

CHS. J. GAUPP

& CO.,

ALEXANDRA BUILDINGS,

CHATER ROAD

CALDBECK,

His Worship-Mr. Potter has argued as to the limits of the Magistrate's juris- diction, and he seems to be right, and for knowing the precise charge in Chinese that covers the ground. He has argued. that it is not for the Magistrate to con- sider the question of political exemption. MACGREGOR&C.

Four thousand dollars ($4,000) in aid ment shall, on the expiration on the 1st Kowloon, Miscellaneous, Typhoon and It having been decided that the Govern-of the vole Public Works, Recurrent

Rainstorm Damages. day of March. 1914, of the existing Agrees One thousand five hundred dollars mont with the Opium Farmer assume (niim ($1,500) in aid of the vete Public Works, control and management of the op Recurrent. New Territories, Communica lines hitherto Teased out

to private individuals, it has become desirable to tions, Maintenance of Telephones-Main-w, Mr. Potter said that there again he re-chst the law which at present obtains Jand. relative to upiùm in order to adapt it to Eight thousand collars (88,000) in aid the altered conditions which will ensuite in of the vole Police and Prison Depart. conseqience of the change. The presentments, Police, Other Charges, Secret laws contained in the Opium Ordinance, Service. 1906, as printed in the Revised Edition of

Three thousand dollars ($3,000) in aid the Ordinances as amended by the Opium of the vote Public Works. Recurrent:-

Houghing Water Works, - - Amendment Ordinance, 1018.

Water Account (Meters, etc.) 81,500 Kowloon Water Works, Mainteonner of Water Works... 1,500

$3,000

4

Total

The existing Ordinance, after defining the meaning of certain terms, is divided into four main parts: firstly, that which deals with Raw Opium; secondly, that which deals with Prepared Opium and Tross Opium; thirdly, that which deals with Morphine and Compounds of Morphine; and lastly, that

One thousand six hundred and sixty which deals with the administrative and legal procedure and thuse penal provisions dollars (81,000) in aid of the vote Public Works, Extraordinary, Hongkong, Build. which are necessary for the execution or

Some siderainings, Stables, for Sanitary Department enforcement of the law. portion of the existing law deals with the adjoining No. 1 Police Station

of the Seven thousand three hundred and fifty the dollars (27.859) ir aid of the voto Public establishment and maintenance relations between Government and Opium Farmer in connection with his Works, Extraordinary, Kowloon:- exclusive privileges.

in

Broadly speaking the present Bill follows the existing law in arrangement and principle, but besides omitting much of the existing Ordinance which relate solely to the rights enjoyed by the Opium Farmer, it introduces certain amplifications and alterations to which it is necessary to call specific attention.

Communications. Roads and Streets-- General

$5,000 Works

Drainage. Miscellaneous Drainage Works 2,330 $7,260

I agree with him on that point, but that it is for the Executive to do and that is why I wish to hear nothing

was not quite clear as to what his friend's they ought to prove Chinese law or to that. position really was, whether he meant that merely prove that a specific charge had he made in China..

Sir Francis-Prove the existence of Chinese law under which these charges nre laid

case

farthers

Sir Francis-I see your point on that, and 1 shall have to considerat, but I propose to reply on the whole question.

His Worship-You can reply to 31r. Potter on what he has said.

(ESTABLISHED 1864).

Mr. Potter onteil out that he had not call with his Worship's powers at all, but bis Worship said that he had covered PORT FOR CHRISTMAS

Sir Francis said this question had that ground to some extent. arison in consequence of the very simple and elementary case which his friend Mr. Blade first put for ard. There was not a reference in it to historical fact or to the Rebellion, and the law which arose may have settled before Christmas, in consequence of the Rebellion arose from Ho (Sir Francis) himself as it were.

Mr. Potter submitted that if his Wor ship decided that they had to prove Chinese law in an extradition case he would be departing from the old pro- cedure as adopted by himself and every other Magistrate, and as laid down in the Courts, There was no decision to the contrary either in the Supreme Courts or in the Magistracy. As a matter of fact he had been informed by his learned friend Mr. Slade, that there was an old case which went to the Supreme Court, before his friend (Sir Francis) introduced his excellent Law Reports, in which took the point that there was no case in His friend it was decided that they had not law on those other points.

He thought answered him, and then he (Sir Francis) to prove Chinese law.

Before the case was cou he was in a position to cite a Privy would reply. Council

which sidered he wanted to deal with the points extradition definitly stated that. The law need only his friend had raised. He claimed the be proved where there was a foreign ver- right to reply as an absolute right.

His Worship-I do not dispute it. sion of the Treaty. In regard to the

Sir Francis said perhaps it would be proving of the precise charge, learned In the first place it is proposed to delete

HIS EXCELLENCY having been notifed Counsel said he thought this was proved better if he dealt with the question of in the clearest posible manner. If his the Magistrate's powers and he would. entirely from the Bill the third part of the existing Ordinance which refers to Morphine that the meeting of the Finance Com Worship would refer to the Chinese war try and explain carefully what his views 3. Potter-Your Worship will bear in and Compounds of Opium and, to include mittec had concluded, re-entered the rant he would find it laid down plainly were.

In that warrant they had a most specific these substances within the ambit of the Council Chamber and resumed his seati

ment on that Pharmacy laws for which purpose a Bill will

The COLONIAL SECRETARY said Sir, I statement of charges made against Chung bind that I have not concluded my argu His Worship-Yes, (To Sir Francis)-At be submitted shortly to the Legislative have to report that the votes on the Sau Nam.

At the request of his Worship, Mr. Financial Minutes which were presented

I will go to Mr. Potter. Secondly, the Bill contains a number of by the Council to the Finance Committee Potter postponed dealing with the subject Present I am against you, and if I want temporary provisions grouped together in

have been considered by the Finance of martial law, and went on to refer to

Sir Francis intimated that he was quite Pari I providing for those necessary

Committee, who are unanimously of the alleged larceny of the cheques. That

in sympathy with that view, and went details involved in the transference from opinion that they should be passed by the the fugitive get the cheques he himself

on to say that his contention was that if the Opium Farmer to the Government of

Council, and I beg to move the adoption admitted in bis affidavit, and it was also

proved on the statement of Chung Sayt was not proved to his Worship's satis- of their report.. the undertakings carried on by the former.

Nam. That was as much common ground faction that the crime was an extraditable as anything could be in a criminal charge crime the man muust be discharged

The case was adjourned until this He got the cheques as a result of present- ing an order from Chan Kving Ming to afternoon, at 2.15,

Council.

Thirdly, it is endeavoured to make more effective the control over Raw Opium in its iraportation into, movements within and exportation from the Colony.

Total

RESUMPTION OF COUNCIL.

The COLONIAL SECRETARY seconded and the motion was agreed to:

HIS EXCELLENCY-Coaneil will adjourn sine die.

support

Laughter.)

ORDER NOW, 80 that the sediment

Dow's 1 CROWN PORT.

INVALID PORT.

HUNTING PORT.

ROYAL DRY PORT.

ARMADALE PORT.

4 CROWNS PORT.

VIN 1890.