1914-03-05 — Page 5

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THU CHUNG SAU NAM CASE.

THE JUDGMENT OF THE PUISNE

JUDGE,

Below we gire an extended rgon of the judgment delivered by the Paine Judge in the above case.

Mr. Justice Gompertz (Puisne Judge) delivered a concurring judgment of equal length to that of the Chief Justice. Alter outlining at some length the facts, he said:

Now the first criticism I have to make is that the authors of the manifesto never meant apparently to set up a Government independent of the rest of China, dis

The purpose of the movemoat is stated to be the Inpencbient and punishment of Yuan, who is described as contriving to rebel against the Republic and to break up the foderation. The solidarity of Kwang tung with the northern provinces is expressly affirmed. The unity of the Republio is ita constant theme. Furthermore, it is pointed ont that the word in the manifesto which is

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its true meaning signifies not an independent State, but a territory subordinate to the Republic of China. Similady the expressions **Tutvih" and Grand Tulch" indicate the Governs of a subordinate province and not. the bond of an independent territory.

Again it is part of the ease for the fugitive that Chan assumeil the title of Commander

¡n-Chief of the expedition for punishing Yuan, that fie went telgrams to other provinces, that some other provinces joined the rebellion and that the order issued by him on the Treasury was for money for the payment of rebel troops at Nanking.

On the farts before us it seems clear that the object of the movement in Kwangtung was to get rid of the Prorisional President, who was regarded I suppose as hostile to Republican principles and as aiming at a despotism. There is no vidence whatever of an intention to optrate Kwangtung from the other provinces Again, and this very important, whatever their plans may have been it seems clear that the insurgents nover succeeded in establishing an Indepen- dent Government or anything like it. If rebellion has to be successful in order to attain the dignity of rewolution then it je clear that Chan and his followers were never more than mere rebels:

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The movement in Kwangtung at any rete East, was hopelessly abortive and never got beyond the stage of a paper rebellion. In 16 daya the insurrection in Canton had collapsed apparently without firing a shot or striking a blow. Its troops ware in flight and its leader a refugee sheltering under a foreign dog. On the evidence before us it seems that there was no revolt of the province as whole. A party in Canton, apparently small in numbers and feeble in influence, did desire to turn the President out of office. That they achieved a temporary show of success seems due merely to the accident that one of their number was at that time holding crime in China, would be held is our Courts But a political offence and not the subject of the office of Governor of the Province.

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point, and with the next, that the fugitive was not a servant of the Kwangtang Govern ment, when I come to analyse the charges themselves.

me

it was the merest flash in the pan. extradition. However, I will deal with this

On the withdrawal of Chan a new Governor loyal to Peking was at once appointed by the merchants. The short lived revolt and flickered out; but troops

His Lordship next dealt with the point from outside did not reach Canton until weak later. Is it possibh to hold that some that there was no specific charge laid under new political entity came into being and that Chinese law. He thuight the answer to this the old Government of the Province was aon must be that there was nothing before the existent during these 16 days as Governor Court to show that the charges were not General, Chan had, probably before this statements in English of equivalent offences rebellion, some control over the public funds. undor Chinese law. Stealing, embezzlement That control he retained temporarily after and fraudulent conversion were statements his manifesto, and up to the time of his of English crimes which might readily have final departure from the city. But he never their counterparts in the criminal system assumed to act otherwise than as Head of of other nations. He thought the point was the Province and by virtue of his appoint fully covered by the affidavit of the Chinf Justice of Kwangtung, which stated that mont by the Provincial Assembly.

True, by virtue of his position ha purported each of the several offences with which the during the short time that he remained in fugitive was charged at the Magistracy was of the new movement. office to allot certain sums to the purposes & crime under the law of China. Another

But there was

answer was that the principle laid down in nothing in this temporary control to oust the Kwok A Sing case applied. His Lord the general ownership of the taxpayer, ship said he must confess that, speaking Money in the Treasury remained the for himself, he should have some difficulty public furids of the Province Money that in coming to the conclusion that there was. "HARTING and BOGATE," on part of had passed out could I think he followed evidence that the fugitive received the ap and recovered by the Province while it choques dishonestly at first, but there was Kowloor Inland Lot No. 1154

still remained in the hands of its servants in his Lordship's opinion ample evidence to hands of the support i verdict of larceny either as a Apply to LINSTEAD & DAVIS,

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The next proposition that the rebellion in Kwangtung was put down by the forces of the Central Government, is I think equally untenable. True, the President made haste. to publish a counter-blast to the manifesto issued by Chan. But all the evidence shows that the insurrection in Canton collapsed by its own inherout weakness, and before, the

arrival of the troops of the central power.

If there was any souture of the public pro perty of the Province by any new de facto Government, and it seems to me that nothing of the sort ever took place, even then the rights of property and of possession were never divested or defeated by such wrongful seizure, and the Province asserted a control it had never really lost on the fight of Chan and the appointment of a leyal Governor,

Next, as to the suggestion that revenue received by the Treasury during the 16 days of the result became the property of the insurgenta.STA

1

On the contention that the prisoner as not a servant of the Provincial Government, or at any rate of the present: Provincial Government, his Lordship said he had no affronter

in

1049-1

LANDRENTERS MEETING AT

SHAMEEN

Following are the minutes of the annual general meeting of landreuters and rate payers of the British Concession, Shameen (Canton), held at H.B.M.'s Consulate General on February 27th-

Present:-Messrs. Jamieson (13), Combe (1), Gilman (8), Hogg (3), Adams (1), Cameron (5), Mehta, (2), Kench (2), Tigges (5), Spalinger (1), Fatell (1), Frank (1), Macdonald (2), Metzler (3), Shera (2), Bigley (2), Ahrendt (2), Stanton (7), Turner (4), Land (3), Mensing. (1), Lanning (4), Paget (1), Bent (4). Shields (4), Carey (1), Martin (2), Alway (2), Sunderland (8), Griffith (9), Davenport (2), Schluter (3) and Maze (8) total, 118 votes.

H.B.M. Consul General in the chair. The Secretary having read the notice convening the meeting,

H.M. CONSUL GENERAL said that the frst business before the meeting was the passing of the outgoing Council's report and accounts, which had been in the ratepayers' hands for some time. No questions being forthcoming,

Mr. STANTON proposed, and Mr. MAZE seconded, that the report of the Council

adopted and the accounts pared. Caried unanimously.

finding that the Locale Government was continuous throughout and was

never displaced by Chan's Tas cheques were obtained Manifesta. from the Treasury of the Province on an. order which stated on the face of it that the money was to be remitted to Nanking for military expenditure. The fugitive used those cheques to buy drafts in his own name in Hongkong. He had made in a civil act ou

which he was defendant an affidavit on the subject of his dealing with this money, which was in ovidence and which was not unfairly described by Counsel for the Crown as being a tissue of falsehood

of

THE NEW COUNCIL, The CHAIRMAN then read the list of rate. payers nominated for election to the Municipal Council for 1914 :—

Mr C. Ahrendt, ueminated by Messrs.

Tigges and Gilmen.

Mr. F. Carey, nominated by Messrs.

Maze and Hotson

Mr. A. Vivian Hogg, acminated by Mr G. Kitching, nominated by

Messrs. Stanton and Gilrian. Messrs. Gilman and Macdonald, Mr. O. V. Lanning nominated by Mesars. Gilman and Macdonald. Only five nominations having been forthcoming, the Chairman declared these gentlemen duly elected.

TIMBER-SAWING ON THE SHAMEES.

OD

His Lordship hold that the charge of The evidence show that no special sub- larceny fell within the decided case of Rt. scriptions or contributions were received for Perry and that the charge of larcenyus the purposes of the rebellion. The notes a bailee was covered by the principle of issued were those which had already been P. Oxenham, 13 Cox 349, and I. Aden, priated and were being kept in the Treasury 12 Cox 512. The sharge of embezzlement for the general purposes of government did not seem to him to be supported by the It appears that the administration was not evidence. On the fourth charge he entirely

A general discussion ensued. Everyone disturbed the Treasury clerks remained at agreed with the Magistrate's condusion. their posts, the department pursued the On the contention that this was a political was agreed that the sawing of timber had even tenor of its way, ordinary, payments offence, his Lordship said the fugitive was become a nuisance owing to the large were made and ordinery revenue brought an offcial of the Treasury who, having number of houses being erected in, as in the days before the manifesto. I obtained pubic money ostensibly for a public Shameen, but the majority held that the suppose that the different departments, purpose, absconded to Hongkong and banked matter could be satisfactorily dealt with Customs, Excise and Post Office, continued the money in his own name. The Magistrate under existing bye-laws.

The Chairman of the Council (Mr. to exercise their normal functions. had found on the facts that there was 4

How can it be maintained that revenue strong and probable presumption of guilt Gilman) maintained that the new bye law so collected was in any way 'contributed to

against the accused: that is, that he acted was necessary, The Council would be er earmarked for any special, political with a dishonest intention, and there seemed placed in au inividious position if the purpose?

to his Lordship to be no material whatever onus was thrown on them of refusing or on which the Court could say that the permitting contractors to saw timber, and Magistrate was wrong and that the acts thought that a fixed rule refasing all charged were done will a pelities worth applications should be that he had found

Soveral further points raised during the Mr. GRIFFITH stated that hearing were dealt with in the judgment and decided against the prisoner.

The next question I have to consider is whether the offence charged against the fugitive is one of a political character

The test is whether, to adopt the definition given in L. . Castioni, the acts on which SHOP with GODOWN attached, Nathar the charge is based were in furtherance of

wloon Kowloon Marine Lot No. 48, and done intending to be in fartherance of Road, Kowloon with Whszi.

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It is not denied that there was a political rising in Canton a dispute between two parties in the State as to which was to have the Government in its own hands.

Again, it is 1 stppose unquestioned that if the fugitive had applied the money, the subject matter of this charge, to subetdise the rebellion his conduct, though probably a

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no difficulty when Chairman of the Council in restricting the area used for Bwing operations,

Mr. JAMIESON pointed out that it was in the power of the Council to endorse on balks of timber would be permitted, the building permit that no sawing of

Mr. STANTON then moved an amend

ment, seconded by Mr. SPALINGER, that

the proposed bye-law is unnecessary. Carried by a large majority.

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DOGE ON RIVER-BOATS,

The CHAIRMAN stated that this con- oluded the formal business before the meeting. Speaking unofficially, be wished to draw the attention of the incoming Council to the question of dogs on board river-gunboats. These dogs were taken ashore at every port on the river, and, owing to the prevalence of rabies, con stituted an element of danger to the Concession. The taking out of the usual licence would tend to restrict their number. The meeting endorsed Mr. Jamieson's remarks

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NOTICES TO CONSIGNEES.

GLEN GLEN" LINE OF STEAMERS

NOTICE TO CONSIGNEES. From ANTWERP, MIDDLESBROUGH, IMMINGHAM, LONDON & PENANG.

HE Steamship

"GLENLOGAN," Captain Jas. MeSregor, having arrived from the above Ports, Consigress of Cargo ure hereby informed that their Goods are being landed at ELECTRIC POWER STATION "WANTED,

their risk into the Godowns of the Hongkong Mr. STANION brought forward the quee had Kowloon Wharf and Golown Company tion of establishing a power station Limited Kowloon, and stored at Consignees the waterworks site and suggested that the Council ghould obtain estimates of the

Mr. JAMIESON supported Mr. Stanton's proposal. In the event of fresh trouble breaking out, it was quite probable that the island would have its current cut off. Mr. GRIFFITH said that when Chairman of the Council he had gone into the matter, and it was found that the cost would be prohibitive

Mr. ALWAY pointed out that an electric plant had been installed on the island of Kulangsu, where there was a smaller com munity than on Shameen. The Company had been given a monopoly and had guaranteed to sell current at the rate of as cents for the first three years and after that at 20 cents,

The meeting approved Mr. Stanton's suggestion. A

CEMETERY LANDING STAGE. BIT. CAMERON raised the question of the steps had been taken by the cutgoing cemetery landing stage and enquired what Council with regard thereto.

Mr MARTIN stated that the Council bad

come to the conclusion that an iron wooden one would be stolen, or washed structure would be too costly and a away by the tide

Decided by the meeting, with one dis sentient, that a sum of $2-3,000 should be expended on an iron structure.

VOTE OF THANKS,

The meeting terminated with a vote of thanks to the outgoing Council and to the Chairmang

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risk and expense.

Optional Goods will be carried on unless in- stractions are given to the contrary before Noos To-DAY.

All broken, chafed and damaged Goods are to be left in the Godowns, where they will be examined on SATURDAY, 7th Mar., at 10 AM.

All Claims must be presented within FIFTEEN DAYS of the Steamer's arrival here, after which date they cannot be recognized

No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 7th Mar, will be subject to rent

No Fire Insurance has been effected, Hills of Lading will be countersigned by

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[367

Hongkong, 28th February, 1914.

NOTICE TO CONSIGNEES.

FROM EUROPE.

HE HAL, Steamship

ASSTRIA

Captain Brodmärkel, having arrived, Consignees Goods are being landed and aced at their risk of Cargo are hereby informed that their in the hazardens and/or extra-hazardona Ge downs of the Hongkong and Kowloon Wharf and/or Kowloon, whence delivery may be obtained Bille-of-Lading countersigued by the U and Godown Company, Limited, at Hongkong

Optional Cargo will be carried on zules notice to the contrary be given TO-DAY

All Claims xaust be presented within ten days of the steamer's arrival hare, after which date they cannot be recognised.

H

No Claims will be admitted after the Goods. have left the Godowns, and ail Goods remaining andelivered after the 8th inst, will be subject to-rent

all broken, chafed, and damaged Goods must be left in the Godowns, where they will be

zamined on the 7th inst. at 9.30 A.M.

No Fire Insurance will be affected by as-In soy case whatever,

HAMBURG-AMERIKA LINIE.

Hongkong Oface. Hongkong, 2nd March, 1934.

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NOTICE TO CONSIGNEES.

FROM EUROPE, COLOMBO AND STRAITS.

THE Steamship THE

RADNORSHIRE" having arrived from the above Ports, Consignees of Cargo by her are hereby informed that all Goods are being landed at their risk into the Lazardous and/or extra bazardous Godowns of the Hongkong and Kowloon Wharf and Godown Co., Ltd, whence and or from the wharves delivery may be obtained

9th

Goods not cleared by the inst at 6 P.M. will be subject to rent.

All broken, chafed and damaged packages are to be left in the Godowns, where they will be akamined on the 9th inst., at 9.30 AM, Cisizce against the Steamer must be presented within 10 days of arrival, otherwise they will not be recognized.

No Fire Insurance will be effected by us in any case whatever.

Bills of Lading will be countersigned by

JARDINE, MATHESON & Co., LTD.

Agents

Hangkong, ud March, 1914,

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TONGKONG HANSARD REPORTS of the MEETINGS of the LEGISLATIVE COUNCIL for the Session 1913.

REVISED BY THE MEMBERS. PRICE

DAILY PRESS OFFICE, Hongkong, 24th February, 1014.

$5.