1918-04-25 — Page 3

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THE GOVERNOR-IN- COUNCIL. ALLEGED STAR CHAMBER METHODS.

A. DEPORTATION CASE. ACTION AGAINST GOVERNMENT OFFICIALS

THE HONGRONG DAILY PRESS

The Chief Justice There is no distinction made in this Court between a private individual and the Government.

Mr. Pollock: I don't think your Lordships would allow a Chinese defend- ant to say I had this iden in my mind five months ago and bottled it up." The Court would say “You cannot bring that forward at the cleventh hour; you have had your chance.

THURSDAY, APRIL 25TH, 1918.

COMPANY MEETING,

THE HONGKONG TRAMWAY CO.

LIMITED.

The ordinary general moeting of the shareholders of the Hongkong Tramway Co., Ltd, was held yesterday at noon

any of the oral or documentary evidence. of the prosecution, without the smallest information as to what were the allega tions which were being made against him by vitnesses who were deposing to alleged facts tending to lead to his deportation In the course of the currespondence which had passed be. tween the solicitors for the plaintiff and the Crown Solicitor, the Crown Solicitor In the Full Court yesterday before the bad made only one point on behalf of the Chief Justice, Sir William Rees Davies, Government It was this: We did and Mr. Justice Gompertz, Li Hong not let Mr. Là Hong Ming so the stafe- Ming, a solicitor's clerk, whose deportaments against him, or the evidence tion has been ordered, brought in action against the Attorney-General, the Segregainst him, because on the true construcing upon it might be consulted, the Chief, W. Taylor, A. Ritchie, R. A. Raymond,

the plices of Messrs. Jardino, Mathe- sou & Co. The Hon. Mr. David Landalo (chairman) presided, and there were also presentBir Robert Ho Tang, the Hon. It was eventually agreed that the quest E Shollim and the Hon. Mr. Lau tion should be allowed to stand over for Chu pak. (directors), the Rev. Fere while in order that recorded cases bear- Robart, Messrs. H. Hancock, P. C. Potts,

Justice intimating at the same time that he would be glad to hear the Attorneys General very fully on the point,

THE PLAINTIFF'S CASE

H W. Looker, and W. E. Roberts (scere tary and general manager).

The CHAIRMAN Gnid-The result of tho year's working shows a net profit, after

tion of the Ordinance, as we, the Crown tary of Chinese Affairs and the Captain contend, he was not entitled to see those Superintendent of Police,

statements."""_The_Crown rested their The plaintiff claims that the treatment case absolutely and entirely on the proper ineted out to him by the Secretary for construction of the Deportation Ordi Chinese Affairs and the Captain Supernance. They said, in effect, You are. Pollock then outlined the case for providing for depreciation and debea- tradent of Police was not authorised by not entitled to be these things and, the Ordinance. He brings seventeen therefore, you shall not re themt sprite charges in this connection, pro-was simply a point of law. If the pro testing, among other things, that he was posed amendment means that the Crown examined by the Secretary of Chinese are now taking up an absolutely novel Affairs, but was not allowed to hear, or and entirely inconsistent position we to read, any of the ovidence upon which have the very strongest grounds for pro the allegations against him were based.

testing He states that he was not even informed of the names of the witnesses for the provention. The Captain Superinten dent of Police is concerned with plan prest atts which are alleged to have taken place in gol in the action against the 'Attorney-General the plaintiff embodies

ture interest, of £44,248 19s. id a larger. sum than that shown in the previous the plaintiff. Li Hong Ming is a natural born British subject. He was for over

year's accounts, although the actual 30 years in the Government Service- a dollar profit is somewhat less. An interim an interpreter, and, after retiring on dividend of 9 per cent. was paid in pension, he has been employed in the

September last, and your directors now offers of Mr. Goldring and Mr. Leo recommend a final dividend for the year d'Alminda On November 2nd, 1017, of 14 per cent, which, together amount warrant was issued for his arrest and to £18,687 10%, leaving, with the amount The Chief Justice: The meaning is detention under the Deportation Ordin. brought forward from 1916, the sum of £12,207 4 4d, to be carried forward as that they are going to ask the Court to

ance of 1017. He was arresteil on Noventa provision for possible contingencies.

Traffic receipts during the year were refuse to allow these documents to haber 5th. The plaintiff applied to be

very satisfactory, notwithstanding the on the ground of public in- allowed to see Mt. Leo d'Almada, but

fact that there is a decrease of 238,880 terest. I assume they are going to adopt the Captain Superintendent of Police recompared to the previous year, In 1916 the course, which has frequently been fused to allow him to speak to Mr. as you will remember, our summer traffic adopted before, of calling the Colonial d'Almada, except on purely offer mitiors, was abnormally heavy in consequence of Becretary or snipote to state that he until after his interview with the the large influx of Chinese from Canton, of them in the Secretary of Chinese Affairs. He was but, if comparison is made with accounts public interest.

concerning his arrest. The plaintiff was un increase of $124,787 over the previous get from the Attorney-General 1f it taken to Victorin Gaol and was confined hest your obsidiary coins in the year

The loss un vel y there from noon until 3.30 p.m. First

ぶ

& prayer for the declaration by the Court objects to the few not permitted to consult Mr. d'Almada prior to 1916, it is found that there is

that the Legislative Body had no power to pass a Deportation Ordinance.

Mr. Pollock, KC., and Mr. Alabaster, O.B.E instructed by Mr. Wilkinson, of Messrs. Wilkinson & Grist, appeared for the plaintiff, und Mr. F. H Sharp, K.C. O.B.E., and the Attorney-General, Mr. J. H. Kemp, C.B.K. instructed by the Crown Solicito saying that we did not show the 40 minutes. The accused was told that

tor, represented the defendants,

PŘOPOBED AMENDMENT TO THE DEFENCE,

At the opening of the case the At torney General asked leave to amend the statement of defence in two particulars With regard to the sets stated to have taken placs in gaol the original defence entered was that these acts were in accordance with the usual routine of the saol provided for the purposes of record and health. He now desired to add that

Mr. Pollock: That is what I want to means more, it will be serious,

The Chief Justice That it if i his finger prints were taken in the pramounted to only 927, and we are at serious position.

senru of several convicted criminals and present able to disposes of the coins with Mr. Pollock: Yes, but it is a great later he was physically examined by an out any less at all. It is hoped that this den more serious if the Crown are going Indian member of the gaol staff. About slate of affairs will now be permanent, to make use

of this proposed amendinent 3,30 pm the accused was taken in cus and that the coinage of the Colony is on to the defence for the purpose of sayingtody before the Secretary for Chineso sounder basis than it has hitherto been This is an entirely now plen we are Affairs and he was questioned for about The Company has in the past had to bear raising. We no longer confine ourselves

taken on the cars, amounting in some very heavy loss in changing the coins plaintiff the verbal or documentary among the allegations against him were years to 10 per cent. of the traffic

receipts. Expenses during the year increased by evidence against him because we were the practice of champorty, the practice not obliged to do so, but we are going to of instituting false evidence the impro$29,073, due chiefly to the advance in the rely on froth ground and say, we are per exploitation of litigants and the dis cost of all materials. There was a large right because of somer question of public honest conduct of litigation. These alle increase in the cost of coal during 1917, interest The inatter had been pending gations against the accused, Mr. Pollock and I regret to say that we have to face for nonths. As regards the amendinent pointed out, were the product of the auch larger increase in the present to the pleadings it was not until yester-brain of some law officer of the Govern year as the price of coal has advanced are now paying 300 day that it was suggested that the plead ment. They were not the definite allega still further. We inge be amended.

or cent more than we were in 1916 "Chic 3 site This point has tons of the witnesses for the prosecution. I must again refer to the heavy expendi occurred to me. Supposing they do not right to know everything that was alleged ture entailed in repairing the track, which nmmend their pleadings. They would be against him. It was not correct to say are aware, the Company has to maintain last year amounted to $39,162. As you entitled to object on a point of privilege to a man it is alleged against nera

and then only to put these vague, general rails and for 18 inches on each side of and keep in repair the road between the when you called for documents,

Mr. Pollock The point of privilege charges,

the rails, and it is therefore most unfair the acts were in accordance with the is important, but evidence can always be

that this part of the rond should be used to such an extent by the coolic trucks. Prison Ordinence of 1890,

which cause excessive and irregular went

keep as close as possible to cities is that slow going vehicles, shall

the edge of its own side of the road, and this rule actually appears in the Hong- kong Trallic Regulations, but for some reason the authorities will not enforc Repented representations have been made by the Company to the Government on the subject, but the only attempt to remedy the state of affairs is the Regu'n tion published in November, 1916, that wheel gauge

statutory regulations made under the cover

What I am theo of in

to the

Mr. Pellock intimated that he had to may raise the not been the accused that he was dangerous the track. The rule of the road in a

raised during the

aix months,

objection to such an amonduent provid while the plaintiff has been under ing he was furnished with the proper arrest, and say Oh, well, this is an additional defence of ours. We not only particulars. These were provided at a did not give him the evidence against Anter stage and the amendment, was ad-

dhim, but we also say now, which is quite mitted.

a new point, that he had no right to have this evidence laid before him because it The second amendment which the was prejudicint to the public interest. Hong Ming gave a full general denial Attorney-General desired to make was Mr. Justice Gompertz: You say it they ware going to Justify themselves on have done it long ago,

The Chief Justice. The history of the matter is this, I believe. Under the old proposed defendants Ordinance it was simply necessary to tell

ed to flat and now an opportunity is character. «Very great objection was rai

given the accused to know what he is charged with. I don't know whether it in usual to go into details,

Mr. Pullock submitted that the accused had a right to have read out to him everything alleged against him. Li to the charges, but their Lordships would see what an absurd position he was really

before him a number of statements flecting presumably upon Li Hong Ming's conduct. None of these allegations was revealed to the accused, who was the party vitally interested in knowing what was said against him. The accused could not explain away the evidence of the prosecution because he did not know what that evidence was. The application for the verbal and documentary evidence for the prosecution was made long before the matter and sent it up to be dealt the Secretary of Chinese Affairs closed

with by the Governor-in-Council

in relation to withholding the evidence the ground now put forward, they should in. The Secretary of Chinese Affairs had no new truck will be licensed unless the

of the prosecution from the plaintiff, Tay original defence was that plaintiff immoral to bring forward such a

Mr. Pollock: It is something almost plea was not entitled under the terms of the after we have been in correspondence for Ordinance to see the statements made five months, during all which time they have simply stated that Li Hong Ming against him, and upon which the ques had received all that he was entitled to tions put by the Secretary of Chinese receive. There has been no single hint or suggestion of injury to public interest Allairs were based. He now wished to until now, and I think I am entitled to add that

that this amendment say

comes much too "Any reports, atements or deculate. It is obviously an ingenions after ments on which the allegations in the public interest had been entertained all thought. If this view of injury to the questions were based are confidential along they would have said naturally We cannot do such a thing because it and their disclosure would be injurious is contrary to the public interest." It to the public interest

is absolutely impossible as a matter of Against this amendment Mr. Pollock common sense to suppose that its protested strongly and, whilst depretul ing the use of harsh language, charac terised it as almost immoral if not dis

Mr. Justice Gompertz: You are not alleging bad faith?

Mr Pollock I am alleging that these could not have been in the mind of the alterations in the statement of defence

The Chief Justice:

tunity to cross-examine?

The Chief Justice He had 40 oppor

honest action on the part of the Govern- Government agree with you that opinion was adverse to Mr. Li Hong compelled to break the rule in order to

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differs from that of the tram. way track That in itself, without police action, will not induce the trucks to leave the track, and, anyway, I understand that up to last month only 23 new trucks conforming with the Regulation had been licensed out of a total of 1,229. A censua was recently taken of the number of trucks passing a certain point in Des Your Hond between 7.4.m. and. 7 p.m., and it was found that in the 12 hours, 725 passed in one direction and 747 in the tion; in other words, a trucks to 1 trans- other a one-minute service in each direc car. Out of this total of 1,482 trucks, all but 35 ware on the tramway track You can well imagine the enormous wear and tear caused when you realise that in Mr. Follock Not merely no oppor 10 minutes journey each of these tracks tusily to cross-examine. He did not would pull on and off the trid three even know the names of the witnesses. It may also be noted that in sending the apart from the interests of this Company times allow a tramcar to pass. But, evidence for the prosecution to the I am sure you will agree that it is essen Chinese Affairs added My own opinion the road should be enforced Every Governor-in-Council, the Secretary of tial for public safety that the rule of ment. He pointed out that he had only I think it is a most materii plea and it

is that ---'' and it was admitted that motor car travelling through the city is had 24 hours' notice of this proposed should have been raised long ago added, for him to labour the point in our track. On a recent journey by motor. Ming It was unnecessary, Mr. Pollock pass trucks which are making free with amendment to the defence, and that had Mr. Justice Gompertz I quito agrea it not been for an adjournment granted that the question should have been raised order to show what travesty of justice car from Causeway Bay to Kennedy long ago, but bow far do you carry your it was. Mr. Li Hong Ming entered the Wrong side no lean than 13 times, as, Town it was necessary to pass trucks on on the application of the Crown the case objection forged the the corond general alanjal to flan vagues charges of course, they will not leave the tramway would have been actually commenced the Mr. Pollock urged that the second brought against him and eo it could not track for any vehicle other than a tram

amendment should not be allowed. Such be from any admission on his part that car. It is surely time that this chaotio previous day. The plaintiff, when he an amendment set up an entirely new oase, the Secretary of Chinese Affairs formed condition of street traffic in Hongkong was the accused party, was brought under and more than that it was an amendment his adverse opinion. That adverse was altered the Deportation Ordinance of 1917 before fence. It was an amendoent, which, if the evidence of the prosecution, which policy of purchasing and chnoclling

which was absolutely overriding any de opinion could only have been based upon Your

directors have continued the the Secretary of Chinese Affairs, Plain established, blocked everything. Any plea evidence was withheld from the accused.debentures as opportunity offered, and till was asked certain questions, but he of public interest was a special plea-and The only excute put forward until the during the year 1917 debentures to the a plea of fact and not of practice. It amendment had been applied for that amount of £18,700 were so purchased. I could not obtain, in spite of repeated was a plea involving an actual state morning, was that the accused had had am sure you will agree that this is 4 requests, sither from the Secretary of ment of fact and the Government had every thing he was entitled to under the sound policy, which strengthens the finan Chinese Affairs or from the Government, this case the disclosure would be pre- to natural justice. It offended against ciation of investments which amounted to

come to the conclusion is a fact that in Ordinance, The procedure was contrary cial position of the Company

Provision has been made for the depre- any statement of the evidenco given by judicial to public interet. If this con- one's ideas of what should be done in those whom they might call the witnesses clusion as to fact had been arrived at justice to any accused party. He would,900 5 This depreciation ja due by the Government they must have atriy not be said to bave had a fair trial. It chiefly to the prevailing high rate of for the prosecution, that was to say, ed at it long ago. It was no good for should be remembered also that the Score exchange, and will probably be recouped The repeated the Government, with all deference to tary of Chinese Affairs, who had held the when exchange again drops to its former applications anade for this evidence be thing we have thought of, or that has an adverse opinion, was also a member port of the directors and statement of them, saying nowThis is an ingenious preliminary enquity and had delivered lorel, 1 now beg to propose that the fore the matter was sent by the Secretary been suggested to us, and now we can of the Executive Council to which the

Bounts for the year ended 31st Decem of Chinese Affairs to the Governor-in from our pedestal say it really is injuri? matter was referred. If the Court adopt adopted be

same are hereby, Council were refused. The plaintiff was The Chief Justico In cases of this Lordships would be driven to hold that the motion was carried

ous to the public interested the contention of the Crown, their

And the The Hon. Mr. E. SHELLO seconded, and not allowed to see a single word of the kind where usine the poolutary of Chinese staze unanimously how gendamen dividend warrants are How

The CHAIRMAN: That is all the business, UNIVERSITY OF HONGKONG. evidence against him. It seemed amazing to the public interest to produce certain nor the Executive Council needed to act propose that the final dividend for the ready and may be had on application,

APPOINTMENTS IN THE FACULTY that he should be standing in that documents the Court will uphold that in a Judicial manner that neither need-year ending 31st December, 1917, at the elected a DIRECTOR for the ensuing year

OF ENGINEERINGA claim. That is one of the difficulties ed to give to the accused, before sentence, rato 16 per cent per annum, making Court in this year of grace telling their Lordships of that fact, but it was a fact Pallock said he was almost going to car contention of retary of Chingo Affairs and is hereby sanctioned, and that the Lau Chu pak were re-elected directors for roan damper annum,ith anglers of 2100 After some further argument, Mr. the evidence of the prosecution. If the lots of 23 per cent for the year, which the proposition of Mr Ritchie, THE Council of the University require the

was recommended by the directors be conded by Mr. R. A Baymond

services of TWO LECTURERS in Civn Not only that, it was asked whether the honest kind of thing to put on record, nor the Executive Council needed to give same bis paid to the manreholders on the

that the proposed amendment was a dis neither the Secretary Chinese

Bir C. P. Chater and the Hon. Mr. and Mechanical Engineering Salary 400 plaintiff coed not see any documentary

the ensuing year on the proposition al per appelonsure maximum sie d evidence if there was any against him,

Mr. P Q Potts, seconded by Mr. H. dollar- The elected candidates will be But that also was refused. In short, the

Hanbock R

requ lied to take up their appointments in plaintiff was solemnly asked to make bis statement without having heard or read

the witnesses against him.

ordinary individual their Lordships would refuse the plea, and he submitted that they could not differentiate between the Government and an ordinary in dividual.

tested against the idea that the Governor in Council should act as a kind of Star Chamber,

The case was then adjourned until

dollar exchange

rate of 39 per Hongkong The Hou. Mr. E SALIM seconded thin, and it was carried.

(Combisued at foot of otat Column)

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The Hon. Mrə: Davin Landala was re-

Mears Love Bingham & Matthews Beptember, 1916 were re-elected auditors at a remunere.Applications saculd be sent before the tion of $1,000, on the proposition of Mr. Y to the Bestrar, from whom fort, 7. W. Taylor, seconded by Mr. H. W details of each appointment may be obsta Looker.