G. DA ROCHA.
THE AUCTIONEER.
▲ G. DA ROCHA,
INTIMATIONS
THE HONGKONG DAILY PRESS, WEDNESDAY, DECEMBER 247. 1919.
REPULSE BAY HOTEL.
A
BALL will be said or the Evening of
the 1st of JANUARY, 190 c mencing að 8.15 PM
AUCTIONEER, SURVEYOR ANDobtained at the HuNGLONG HOTEL MATA Tickets including buffes supper can be
GENERAL BROKER.
OFFICE at $3 per head.
Dinners will not be served as the REPULSE Queen's Road Central, Telephone No. 2999 Bar Hotat on the Opening Night.
J. H. TAGGART,
Manager.
AVOURED The Concerned
with instructions”... from
"
Fill wall by Public Auction, TO-DAY (WEDNESDAY) December 14th, 1819,
this Bales' Rooms
A QUINTET OF
IMAS TOYS and 500 lbs. best guarantood mixed Chocolate in fancy boxes.
Trases --Cash on delivery.
TO LET.
TO. 5, MOSQUE TERRACE, Ground Floor Two Large Booms and 3 Small poms, Full view of harbour. Immediate
Port Office Box $20.
[1700
CORSESEZONI.
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TO LET. SUITABLE FOR COAL MORAGE.
VACANT FLOT of Land at Yaumati
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THE HONGKONG LAND RECLAMA
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[147
TO LET
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URNISHED, No. 87, THE PH (NG 1, Stewart Terrace) containing 3 Bed- rooms and Bathrooms, hot and cold water,
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Apply to- HUMPHREYS ESTATE ▲ FINANCE
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MED EUROPEAN. "HOUSE on Condalt Road, pituinens "position with garden, site aren 10,500 fook.
Further par
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For partiolars apply to
RO DING CHONG CO.
111, Dos Your Road West,
[1614
HONGKONG HOTEL
NOTICE.
£1705
REDUCTION IN PRICE OF GAR,
Nand from the 1ST JANUARY, 1990, the
$1.80 to $2.50 per 1,000 cubia feat.
GEORGE OURRY, Local Secretar HONGKONG & CHINA GAS
CO. LTD. Hongkong, December 18th, 1818. [1886
NOTICE
WHOM it may cones I
TSAMUEL JOHN CLAVE at prosent residing at the Hongkong Hotel, Feddar Street
Victoria in the Colony of Houg kang, hereby give Notice that I have expressly withdrawn all and every authority which wife Gladys Arelena Claye may have at any time, either ex- pressly or by implication or otherwise, acquired to contract for me or in my name for as my agent or in any way to pledge my credit-I having expressly forbidden ber so to do and she being suficiently supplied with all necessaries and that will not be responsible for her debta whensoever or however incurred
Dated this 17th, day of December, 1919.
8. J. CLATF
NOTICE,
REPTILSE: BAY HOTEL.
A5:00:
CONTEMPT OF COURT. THE CHINA MAIE'S EDITOR
FINED $50,
INTERESTING LEGAL ARGUMENT.
Mr. Justice Comparia. No, dit wis imply asuming that the mother was guilty of kidnapping her son, and the Court decided that it could not have any comment whatever on a matter that was
Mr. Justice Gomperts: If you tell a jury no man should be committed on svi dence tika thing is not that pointing out to the jury that the man should not be committed T The hearing was resumed, yesterday, i
Mr. Alabaster: If that was the evi-pending decision. in the case in which the editor of the dents, and if the Grand Jury returned Ching Mail, Mr. G. W. O. Burnett, Pcisely the same thing.
a true bill, the jury would be told pre peared before the Fall Court, consisting of the Chief Justice (Sir William Recs Davies, E.0) and the Puise Judge (Mr. Instice Courpertz), to answer to a charge of contempt of Court.
Mr. Justice Gompertz: That is quite a different matter.
Mr. Alabaster: It is not giving them anything about the prisoner. In the
PEKING NOTES. from our OWN CORRESPONDI
PEXING, December 10th. UNFORTUNATE EDUCATIONALISTS. A
Nowhere in the world is the teacher' so Mr. Alabaster: It is the same case as respected and venerated as in China, but, I have stated where there has bom a preparadoxical as it may seems nowhere else sumption of guilt or something tending in China are they so indifferently treated to indicate that the person is guilty. as they are in the capital. Not too high- Mr. Justice Gomperts referred to the ly paid at the best, the foreign pro-" Tichborne cams and said that the respon- fessors, Chinese professors and tesshers dents pointed out that the man could are suffering hardships imposed by the The Attorney-General, the Eon Mon
not be anything else but innocent. The prevailing penury of the Government, for J. II. Komp. C.B.E. (instructed by the
Mr. Alabaster: There the object seem three months. As usual, shy lover grades respondents were given a heavy penalty. they have not received their salaries for Crown Solicitor) prosecuted, and the Hon. Mr. C. G. Alabaster, Q.B.E. (in They gave the previous history and precontent that these articles are written or thirty dollars per month were pre- able, therefore they were prejudiciale deliberately to obstruct No one could structed by Mr. C. D. Wilkinson) Pvious convictions and you know previous by a friend of the prisoner.
suffer moet. Their emoluments of twenty peared for the defence.
An affidavit by the Crown Solicitorsible, but, in this instance, it is a mere there were various degrees of contempt the educationalists did receive their
history, and convictions are not admia-
Mr. Justice Gomperti rainarked that
vionely paid partly in silver and partly (Mr. G. H. Wakeinan) stated, interdisquisition on the presumption of inno-am as there were various degrees of
in Chinese bank note, so that even when alia
salaries, they were barely sufficient to meet their wants. Now that they have
ad-
I have read the six paragraphe which appear under the beading versarin" on page i of the China Mail nowspaper, bearing date the 11th day of December, 1919, now produced and which said articles pur port to relate to a esse in which certain prisoner was committed by Police Magistrate for trial at the Criminal Sessions of this Honourable Court to be held in the mouth of January, 1920, on a charge of uttering 37 forged rupes notes of 10 rupees each "The said paragraphs comment on the conduct of the Police Magistrate in committing the said defendant for trial and are, in my opinion, calculated to prejudice the trial of the said prisoner
at the Uriminal Sessions.
craes I quoted on"
facta wore
the Isst
prisoner which may or may not be pro
given about the
tence
manslaughter.
Mr. Justice Gomperts: Supposing they Mr. Alabaster: Even so, the contempt took the whole of the evidence and said is of such a trifling Dature that the Court that no sane jury would convict any man will not exercise the jurisdiction it has on that evidence, would not that preI have given cases on that, that nales judice, the trial,
Your Lordships can feel that you must interfere, that unless you are forced to interface.
Mr. Alabaster: It would be for the ap aplicant for the committal to ponvince your Lordships that this comment would prejudice a trial.
The Chief Justice: You discuss the the theory of innocence though it does That is in favour of matter. You say mos prove it. But, the cumulative effect of all these things was overwhelmingly in favour of innocent presentation. we been the magistrate, we would not have committed the man ”
Had
kong, one (or more) of whom may serve on That article is read by people in Hong- a common jury, and he reads that article and the whole of those facts come back bir mind when the case it brought before him,
him, and he may come to & con- clusion beforehand, either adverse or otherwise.
to
would affect a trial
Mr. Alabaster: ls there one word that
point. It is an attempt to try a case Mr. Justice Gompertz: That is not the by the Press, although innocently no doubt, and, however innocently, the de fendant must take the natural conse quences, even if he had never thought it
the case
.4
at received anything for months, not not even depreciated notes, they are in desperate straits, and it is not surprising to find them in the mood to strike. Nat rally they do not wish to resort to such an unfortunate method of drawing atten you tion to their grievances, especially as the
The Chief Justice: The cases quoted are not analogous Some of them refer to civil actions which were pendexample is not a good one for the stud Dr. Alabaster replied that he had tried
ants, but as the authorities have not met to show the various cash and how they their claims they feel that they are were treated
forced to take mob action. Accordingly, The Chief Justice
next read from Hals- they have decided to cease their duty on Buy to bring forward the point about Civil C506.
Monday, if no satisfaction be afforded Mr. Alabaster replied that the judge them before that date. Meanwhile, it is had there stated that a motion for apology and coets should be discouraged interesting to know that the Minister of Mr. Justice Gomperts: In that case Education has been visiting several banks
it was a private motion.
Mr. Alabaster Does that inatteri They were speaking of cases generally Ianbmit there is no case for committal.
The Chief Justice remarked that com mittal meant a formal bringing up of the Party before the Cours
in the hope of raising a loan, but, so far, without success, though it is probable that the assistance of some of the Lega- tions may procure for the Ministry a with which to meet the present Wa situation.
Mr. Alabaster remarked that he was Dot abusing the Crown or attempting ta criticise them.
Summ
to show cause
He had come there TE STUDENT AGITATION. sithorities he cited showed that it could fracas has aroused & movement which is
why no committal could be made and be submitted that the
As was to be expected, the Foochow
completion and formal opening of which due himself full responsibility for the articles would hanter: My argument is this not be made, and unless the circumstances rapidly growing and may, in time, 'be.
** I'veraly believe that the said pare Order to enable the Contractors ta
graphs refer to the onse of Bera Ma Yu Hing, in which the prisoner complete, the work in connection with the above Hotel at the earliest possible date
was, on the 10th, day of December, 1919, without interruption, and in order to avoid
committed by Joan Rouge Wood, all possibility of
Esquire, Police Magistrate, for trial at Tile, Fant damage to the Flooring,
the Criminal Bessions of this Court.”? etc, the public are Visiting requested to kindly abstain from
The affidavit led by Mr. Burnett the Hotel
and
I from this date until its was to the effect that he took upon Notice will be given by Advertisement“ în the Local Newspapers
in the China Mast of December 11th, The Management of the Hobel feel sure lication. He had no intention of show which he read and approved before pub that they may rely upon the readying any disrespect ar contempt of court co-operation of the public in the foregoing or any intention whatsoever of endear
ouring to prejudice the fair trial of or against him in the event of his being the accused person, either in his favour brought for trial, but regarded the para grapas as being, partly, in the nature of warming to the public of the possibility
regard.
Dated this Sixth day of November, 1818. For Tax HONGKONG HOTEL CO, LTD. Proprietors of the REPULSE BAY HOTEL,
IE. TAGGART,
Manager.
1593
HONGKONG AND SHANGHAI BANKING CORPORATION,
TOTICE IS HEREBY GIVEN that NOTI
CERTIFICATE No. 5 NS 6336 dated Hongkong November 8th, 1918 for five theres numbered 25684 to 25665 and 66% to 68323 inclusive all registered in the cams of HO SHIU PU has been LOST or STOLEN, and should this Certificate. not be produced to the Bank before the 28th. day of Decouses, 1913, a new Certificate for the shares will be issued and the aforemmid,
ir.
dict.
satiñed it their Lordships should доб The Chief Justice: Perhaps it is desir nele that we should give a short jada want. We do not think it necessary for intend to ask costs the Crown to answer. In the event of the Court imposing a small fine do you
came country-wide. It has acquired great strength on the coast and in the large cities where it has exceeded in giving expression to resentment against Japan in a manner which has made an impression upon the good people of the Leland Empire Last Sunday & Mass theeting was held in front of the Tien
the trial would be prejudiced,
that it is for the Crown to show that
band, it is for you to show cause
Mr. Justice. Gompertz: On the other My Alabaster: I showed cause why you Courts do not commit unless in this class should not commit. In these cases the of contempt, the trial will be prejudiced
Mr. Justies: Gomperte: Of course these cases differ a very great deal in gravity, of any person being arrested and commit and very often a nominal fine or rebuke. The following judgment was delivered An Men, and was attended by about
is administered:
ted for trial should he pan over to the Bank money which was, in fact, bad and, consequently, should take greater care
than neretofora. to, zscertain thee" money 110d be prejudiced,
רי ་
fod in your own mind that the trial
M Alabaster: You have to be satis
that there was no nolle
would be prejudiced if it had taken place, Mr. Justice Gampertz: I think that it
at the time the article was writ
because,
received was actually good; and, partly, criticism on the value of demeanour gas erally and the effects of nervousness and temperament thereon. He had the fullest ten, the case actually pending The second respect for the laws of this Colony and
trial Courts of this Colony and if this bog-in ourable. Court should be of opinion that the publication of the articles in question was a contempt he desired to apologise for that publication.
When the hearing was resumed, yester
was further argument
Cordheste No. B/NB 1336 will be thereafter day, there we aperta there is a que
NULL and treated by this Corporation my? VOID.
By Order of the Court of Directors,
DR. J. STABB....
Chief ManRKET. Hongkong, November 26th, 1913. [1576
HONGKONG BOXING
ASSOCIATION.
was called off. The first trial anded the way that your client suggested it ought noc to. It was a pending matter, was written, I will still say you have Mr. Alabaster: At the date the article to be antisfied not that it was comment. actually prejudice the trial if it caans on a pending case, but that it was cut- of such a nature na to. off to actually prejudice it
Mr. Justice tion of fact.
meat on L
tion I should like to put to you, Mr. Alabaster, on this matter. You say that the comment in "the article complained of merely refers to a
comment on the re The Chief Ju porter's version.
Mr. Alabaster: It & started off like that. Mr. Justice
stice Gomperts: As a matter of fact,
act, does the reporter's account agbatan tially embody the evideone?
Mr. Alabaster: I do not know, because have never seen the depositions in the
case, "
I
Mrs Justice Comperts Perhaps the Attorney-General can tell us that.”
Mr. Alabaster: He has seen the depost
NOVICES" COMPETITION,
PANTRIES are invited for « NOVICES
COMPETITION (ll Weights) to betions, held on or about the 10th day of Jasdant, 1990, to be conducted under the 'ompetition Rules of the Nations! Sporting Club, subject to euch variations therein as may be made by
the Boring Committee of the above,
That is a ques I
·
certain
bave..no besita tion in saying that I think it would Justice Gompertz: 1 have no besitation in agreeing with the Chief Justice. saying that a man should never have The Chief Justice: It is an article
ing this article and then bean committed for trial. Anyone read
ideas because of it. common jury may have or on the He is called upon duced in this Court and no evidenca to try, in this Court, the evidenes pro- where else
By: Mr. Alabaster: There are only two people to be prejudiced-the prisoner and the Crown. It is manifest that the prisoner would not be prejudiced Mr. Justice Gompertz Oh, ud
Crown. I submit that the Crown
written and subsequently to these pro- of their case, nor would make it more rously hinder them on the presentation ceedings, the Grand jury threw it cut. difficult for them to lay thoes facte before There is no doubt that, at the time the the jury which they must lay before article was writtem, there was a case penduak the jury to find advare verdict,
they ing
Mr. Alabaster-st is so-so
Master it to did not seem to him thes Justice Gompertz take Mr. they would not call, the Crown on the question of fact,
The Attorney-General:, I do not know the outline of the reporter's account., **
Mr. Alabaster: I have the reporter's" my Lord. account, but I have not the depositions,
Justice Gompert: Forhaps to be N.§.G. Standard Weights. Entries will nes be socepted form ay another thing. At me that the article shall learn that later on. There is one who has (a) won any Open Novices' Compati-
CHRISTMAS and NEW YEAR A
1919.
DINNER DANCES will be held on the following nights during CHRISTMAS WEBK
TO-NIGHT OHRISTMAS EVERE WEDNESDAT) DECEMBER 34 TO-MORROW NIGHT CHRISTMAS NIGHT: (THURSDAY), DECEMBER 25TH,
BOXING NIGHT; FRIDAY, DECEMBER. £ÉTE.
NEW YEAR'S EVE, WEDNESDAY, DECEMBER siar, the Poyalar Entertainers,
ATLASY AND DORIS WOODS, will app in the above CHRISTMAS DANCER DER Special Table d'Hote- Menuw will provided in the GRILL BOOM at $3.50
be
per
and in the MAIN DINING ROOM at 89 60 per head
Patrons are advised to book early se Locommodation, is limited. All tables pro. Tiously engaired and not cancelled by on the day to which such reservation swill be charged for whether occupied Bookings may be made at the HOTEL MAIN OFFICE. A
J. H. TAGGART Manager, a
*Mr
The Attorney-General: No.
Fat noon
30
THOS JUTKIMET.
In our judgment these articles tend,000 people, among whom was a larg
phatruct the administration of body of students who dominated the pro ustice and therefore constitute for the Chinese Chamber of Commerce to acodings. They forced the representative contempt of Court
In Rex v. Parko 1900, 3 K.B., 432, it of the Chamber not to sell Japanese goods aign a declaration hinding the members was held that, when a person having and to pat side those that they might been charged before the Petty Seasons have in stock. An accenting was made with an inchietable offence tryable only in favour of the small shopkeepers, who at "the assizes, matter is published in a newspaper tending to interfere with stocks hat not to replenish them with were permitted to exhaust their present the fair trial of the charge, the High further Japanese goods. Not satisfied Court has jurisdiction to attach the with that success, the students have since publisher of such matter for contempi taker it upon themselves to visit the shops of Court, notwithstanding that, at the in the city and to see that the order is time of the publication, the person being carried out. In the they are charged had not yet been committed for as thorough as some of their confrerea
reeded to extremes. farther south, though they have not pro-
trial
Now the case before ut is an a forison one the person charged had bee committed for trial when the article complained of were published. It hai still to come before another tribunal the Grand Jury-in this case represent ed by the Attorney-General
THE FIRST HANDLEY PAGE."
An event marking an new epoch in China took place on Saturday afternoon when the first of the Handley-Pige aera planes, ordered by the Chinese Govern- It now appears that the Attorney, ment for commercial purposes, made its General subsequently to the filing of first flight under very successful suspices this motion, bas decided that there in A second ascent was made on Monday no case to go to a jury. There is, afternoon when there were a number of therefore, at the present time no trial Chinese and foreign passengers. This, pending. But, in our opinion, this has too, despite the unfavourable conditions; no bearing on the question whether the was very successful On the return jour- respondent is in contempt or not. ney, the distance from the Temple of The substitution of trial by pre Heaven to Nanyuan was travaried in a limfasry Court in the newspapers when little over a minute, the speed being 130 & trial by one of the regular tribunal miles per hour. In a little time we shall of the country is going on-is bad for seq these giant planes in practical use. the suitors and bad for society & DEATH OF COLONEL BQBKETSONY large" Per Wills J. M. re the Finance The foreign community in Peking was
tion, or (b) taken part in any Contest or in a written thefuwza, na smatter of, “Alabaster; And therefore, it Union, 11 T. L Bust 169" deeply moved this week by the death of :
rougetition other than one for Jury, Bubsequently to the brand cannot say that such an articls can reri-
Enizios must be made at or before Noon on Wednesday. Pocum bar Bitly and be addressed,
& WILDIN
Hongkong.
MRS LM HUDSON, SKIN AND HAIR SPECIALIST. “UPERFLUOUS bir
1077
and
permanently removed. Bust development and bust reduction. Chiropody speciality. Late of Roshard College, Melbourne, Australia,
CAMPBELL, MOORE & CO. Chater Road...
#1483
PALACE HOTEL. KOWLOON Corner of Haiphong & Hankow Roads
TELL
"Tel. Addrami, Pažana
TWO Minutes from Ferry and Bailway Wo Mini Hotels Just beer completely removated and refurnished now up-to-date in every respect and under
vala, English Management, Cuisine under personal supervision of the
Late Proprietor, PA NAS
BAR AND BILLIARD BOOMS,
ANTEEMSK: MODERATERR Special Arrangement for Famics Application, te-
J. H OXBERRY, Proprioter.
on
fact, a case peuting before, the
Mr. Alabaster, You think the Crown would be prejudiced?
The Chief Justica: I think the Crown Mr. Justice Gomperte: I think so. may be 20
Protector can say it was seriously pro
Mr. Justice Gomperto you really say-1 think it is your case that you were not commenting very strongly on the evidence and saying there was no cade on which the magistrate should have com mitted and, therefore, a fertiori, there is no case on which a common jury could convict. Burely it must follow. Mr. Alabaster: I cannot see how any
"Mr. Alabaster: He starts off by saying there was probably more before the magie strate and there very likely would be Mr. Justice Gomperte: There was a more before the Grand Jury. He is cap many years ago in which was taking the story as it stands
de and says taking a noto for counsel and the Daily "We would not have committed, Bad Mai pablished an article when a writ the Grand Jury has threan it out. Bus of habeas corpus had been taken out by he does suggest in the article that there a certain young gentleman who had been was probably a good deal more before the kidnapped by his mother. The Daily magistrate. He had no doubt that the fast in that article pointed out, in strong magistrate know wat he doing, beoguage, that t taked
the story maintande
Was something there is not enough to banimit montrons that a young man of his age Mr. Justing Gomperte: Suppose thould be kidnapped by his mother: för had turned out
it substantially be ovidence, or which be brought before thing's Bench
social reasons
hile the CSO was the evidence ing. The editor Daily Mail was commited edit is comment on Division, he made the usual apology, and pending Cat No doubt it was inno statement, and it was pointed out that cently made and in the belief that the only Court likely to be prejudiced
magistrale baring disposed of was the habeas corpus. Court. the matter, issu
It was not was finished and he could denied that the article was prejudicial comment on t
Mr: Alabaster su
comment. A caution was imposed and the argument want's respondent had to pay, the costs. great deal further that that I had to be comment "which would prejudice type of comment It was an attempt
to sesadalise the Court
the
and
Mr. Alabarter: Was not that & different
We adopt the language of the judg Colonel D. S. Robertson, British Military ment in the case of Hex v. Davies, 1906 attaché to Chine, which took place at the 1K.B. at p.35, & judgment of the Divi American Military Hospital on Sunday tional Court confirming the decision Bex. v. Parke as follows:-"Qur judg. night. A week before he had undergone ment in Bex . Parks (1) applies, successful, but some old complaint adsert an operation for appendicitis, which was We adhere to the view we expressed itself, and be succumbed. The fameral that case that the publication of such articles is a contempt of the Court Scott conducted the service at the Chapel to-day was most impressive Bishop which ultimately tries the case after in the British Legation which was crowd- committal," although, at the time whan
they aro published, it cannot be known ad, after which the coffin, enveloped in a whether there will be a committal or Union Jack, was borne by six British non- sot. Their tendency is to poison the commissioned officers to the gun carrings stream of justice in that Court, though, Then the funeral procession started off, which was driven by American marines at the time of their publication, led by 300 men of the 18th Infantry, stream had not reached it, and as such followed by detachments of Chinese, Amer articles were calculated to interfere rican, French, Italian, Japanets and with the power of the Court (whatever Dutch, and proceeded to the British it be) that tries the case, to do effective
justice, it is a contempt of any Court metery where the remains were laid to which very well tany try the case, but
rest
in fact does not do so, as well as of 1 DEPRECIATED NOTES. the Court which actually tries it.
Members of Parliament have impeach We accept the apology of the reset the Governor and Vice Governor of pondent, and also his assurance that he the Bank of China as being culpably re had no intention of prejudicing the ponsible for the continued depreciation trist of the accused person, of the notes of the Bank of China, despite The principle, of course, is that the several mossures which have been man is responsible for the natural taken to bring them up to par. The gen consequences of his ncta, and a duty is tlemen concerned have been interriewed placed upon the editor of a newspaper by Chinese, pressmen, and they prove that to refrain from the publication of the depreciation is due to the increasing matter which may interfere with the demands which have been made upon the administration of justice Bank by the Government In conclusion, The learned Attorney General is not it may be noted that the issue of this aking for the costs of the Crown. In thank and of the Bank of Communica our opinion the imposition of a modetions have fallen below fifty. The first rate fine will meet the Justice of the ren National bonds by now. declined cas, and we impose a fint of $30.
No comments yet.
Private notes are available after approval.