1920-04-10 — Page 3

THE HONGKONG DÄILT

RES, NATITKUAY, APRIL 10rm, 1920.

7

CORRESPONDENCE.

SANITARY BOARD ELECTION

(TO THE MOTE OF HI" TRONG TONG

DAILY PRESS. "7-

SPORT. TENNIS.

HONGKONG C.C. TOURNAMENT. At least one good match was played yes

CARR

FULL TEXT OF PRIVY COUNCIL JUDGMENT.

St-I should like to point out to the terday, that in which L. Forster met and Judicial Committee of the Privy Council ruptcy and analogous matters, and to the

The appeal of Li Hong- Mi to tho Electors, through your valuable columns defeated A. A. Ramjahn. It was a contest against a judgment of the Supreme Court Lord Buckmaster, Lord that out of the six unofficial members of between two widely different styles the of Hongkong, was heard by Viscount the Board only two are elected, the remain lightning driver, with frequent brilliant Haldane,

The judgment delivered by Viscount ing four (two of whom must be Chinese) strokes and more than a touch of reckless-Dunedin and Lord Atkinson. * ̈being nominated by the Governor. Nooneas, against the plodding player, with no

official members hold office for 3 years, and brilliant shots but with rock like steadi. Haldane on February 17th. last reads ne This is an appeal from a judgment of this fact renders it necessary for Mr.ness. Rumjahn is a promising player who follows:-

will go for when he has gained more the Supreme Court of Hongkong, dismis Alabaster to offer himself for re-election.

perience of match-winning tennis. At Prsing an action brought by the appellant made against him by the Governor of the sent he attempts too much in his eagerness for a declaration that a deportation order to win. Yesterday he met a man who let Colony, in Council, was invalid, sad for him beat himself. After the exertion of damages. The claim for damages han not winning the first set 10-8. Eumjahn tried been pressed, and the only question before to win the next by forcing the game, with the inevitable result. Forster will now mest 0. Rumjabo, a youngster who plays very steady tennis, and the winner will go into the semi-final. ·*

The non-Chinese nomigated thembers at present are the Military Medical Officer, and Dr. Koch: the sitting elected member La Dr. Ozorio.

It will be seen that whilst the medical papfession is very strongly represented on the Board. and the Portuguese Com munity has its own-representative, the general non-Chinese Community has no elected representative on the Board. It becomes therefore, very important to secure the best possible representativa for

shis vacancy.

"Mr. Alabaster's record on the Board and na member of the Legislative Council is ton well known to need comment, but as I was a member of the Board for 7 years. mad latterly had the privilege of working with Mr. Alabaster as a colleague, I

In the open doubles Redmond and Bowen have received a walk over from AD. Humphreys and J. D. Humphreys. They will now meet, the winner of the match in which Raworth and Murray will be opposed to S. A. Eumjahn and O. Rumjahn.

Pay-Lt. Commdr. Holborn found an easy opponent in F. Lobel, in the Handi Cap Singles " B." He now meets Pay -Lt. Robinson and the winner will go into the

Enal

the

and

an

the

Board is that as to the validity. Of this order was made were stated in

Wie

v.. Gu

should like to record my testimony to the Timmis found the going easy when they such statutes of the implicable to The charges which formed the allega

valuable work done by him.

In the handicap doubles, Monteith and met Larkins and Pountney. They won in Some exciting tennis two straight sets. was witnessed when Murray and Jennings met Stalker and Abraham The former pair had to play their best to counter their bandicap, and some long rallies were wit nessed. Both canings and Murray played exceptionally well at the net.

This

tions on which Question 4 already refer. red to was based, included a further charge as to misappropriation of money collected for costs in another action, but this proved to be unfounded and was not pressed.

LI HONG MI DEPOETATION | the obtaining a preparation of evidence in anticipation thereof or is rolation thereto. There are two other, subheads (b) and (c) in the sub-section, which relate to and include offences committed by British subjects in relation to bank. registration of documents, but neither of

The appellant, who was a natural born these sub-heads is material in the present British subject had been employed as Government interpreter in the Police and He Supreme Courte for many years.

On the tor practiring in the Colony subecquently entered the service of soliet and November 1917, the Governor-mado for his arrest and detention for order

On the 21st December,, the six days. appellant brought the action out of which 1918, the Governor in Council mado an this appeal arises. On the 15th January, ppel- order under Section 4 (sub-Section 11) of the Ordinance probibising the

of fifteen years.. The grounds on lant from being within the Colony for

order order was made under the powers scordance with Form 7, as required ag conferred by the Deportation Ordinance Section 4 (7), to be that the appellant had Although tion of fraudulent claims, the prepara- 1817, passed by the Governor of Hong made a practice of champerty, the institu- kong in Legislative Council. Hongkong lea.Crown Colony and the protion of false evidence, the improper. visions of the Ordinance affect materially exploitation of litigants, and the dishonest the rights of British subjects as they would conduct of litigation and of the proceed. be under the Common Law of Englandings incidental thereto; and that he had there is no doubt as to the validity of been guilty of the following misconduct:

(a) Champerty, the institution of a these provisions and the Ordinance enact

Under Letters Patent the fraudulent claim, and the preparation with Crown had conforred on the Governor of falso-evidence, in connection. ing them,

U.J. Action No. 247 of 1913, Un Tak

Ting Tin power, with the consent of his Legislativa

Champorty and the improper Council, to make laws for the

exploitation of litigants in connection with 0.5. Action No. 105 of 1912. Ho order and good government of the Colony Crown of auch powers the Government of

Ngok-Lais the action . H. It is clear that under a grant from the the Colony can legislate freely, even to

The statement of claim the extent of altering the common law

delivered on the 7th March, 1919. Parlin ment as have not been made the Colony by express words or necessary is laid down by the intendmen Colonial Laws Validity Act 1865, which provides, by a 3, that no Colonial Law shall be inoperative on the ground of repugnancy to the law of England, unless repugnant to a statuto so made applicable. The question raised in these proceed. On Monday Ng Sza Kwong and A. Hor to some order or regulation madejunderings, and the only question on which their have catertained doubt, is whe Lordships Rumjaha are meeting S. H. Ismail and A. it.

The res question on the appeal is whether it was competent to introduce as one A Rumjahn. The time for the second

the sweeping allega conformed to the procedure directed by order on the uppellant tad made a gen round to be concluded has been extended ther the order made against the appellant of the charges, and as a ground for the

the Ordinance itself. it cannot be tion that to April 16th.

Yesterday's results were as follows OPEN SINGLES.-L. Forster boat A. A shown to have been in conformity with eral practice of champerty, and the other there provisions, interpreted with the kinds of misconduct charged. It is true Rumjahn, 6-10, 6-4, 6-0, 6-3,

HANDICAP SINGLES B. Par-Lieut strictness which is required where the that this is followed by two specião in- justified duct, and if these had been given as ex Commar. Holborn (owes 1/8) beat Fiberty of a British subject is concerned, stances of champerty and other miscon

the deportation cannot be Lobel (reca. 3/8), 6-0, 6-1

Their Lordships have therefore in the first amples of the general charge, their Lord place to turn to the language of the ships do not doubt that upon the explana deportation order could have been pro Ordinance, and then to consider how it tion proffered being held insuficient, a was applied to the facts in the case.

The Ordinance, which was passed on the nouneed. But it is impossible so to treat. to the 12th October 1917 followed on previous this charge; for not only is the generat Ordinances directed to the same geu allegation expressed as cumulative eral purpose. the exclusion and rotwo particular cases charged in distine moval from the Colony of undesir- tion from them as a separate bend of persons. It is not surprising charge, and numbered as distinct from that for the mixed and varying the other charges; but in the order itself population of Hongkong power to effect it is introduced as a separate and distinct the provisions ster of the Ordinance a charge is inadmissible this purpose should have been thought ground if therefore, by

The legislation discriminates between foreign and British subjects, but but

in such a form as a ground for making the order, t

the order itself is vitiated. desizable.

covers in different forms both classes,

is impossible to say bow far the Under Section 3, the Governor in Council bruduction of an inadmissible reason

summarily issue a deportation order against any person who commits the may not have affected the minds of the An order offence of being in the Colony in hrench Governor and his Council. of a previous deportation order, whether which might have been incapable of review An endeavour is being made to play an he be a British subject or not. In the cass the two specific charges, assuming, presentation on the Board by the substitute. Navy match on April 24th. If the of anyone who, in the opinion of the Gov. Governor in Council to have been satisfied match materialises it should certainly ernor in Council, is not a British subject, that they cannot stand if it even may tion of election for nomination in the caso provide a better standard of play than and who has been convicted of an offence have been based on a ground which is in in depriving a British subject of his free dom action The importance of this of one at least of the nominative seats some of the exhibition" matches recently in, the Colony, he also may be summarily not a legitimate one on which to proceed arranged by the Committee, individually deported, and so may any one not being, i bafore the pats vacancy occurs. Yours or collectively, of the Hongkong Football the opinion of the Governo; in Council, cons of song not diminished by the League. The Professor brought new drafts a British subject, and being in the Colony

the continuance of any proclama circumstance that the reports made by for the RG.A and the R.E. and the new during t F. B. LA BOWLEY.

tion issued under the Peacs Preservation the Secretary for Chinese Affairs to the arrivals are said to include dome good Urdinance, 1888, whom the Governor in Colonial Secretary in accordance with footballers, including one R.G.A. taan who Council thinks it desirable in the public Form 3 have not beer produced.

Lordships have arrived at the interest to deport."

procedure olaims to have played for Oxford City for two seasons. With the, Wiltshires and the ver

Section 4 of the Ordinance relates, are to contrary contained in the careful Staff, players to draw from the Army prescribed for the classes of case to which conclusion, notwithstanding the reasons ought to be able to raise a good team.

not to apply to a case falling under Sec-Fudgments of the learned Judges in Hong- The Titania and the new submarines are tion 2, the deportations under which are kung, that the provisions of the Ordinance expected to arrive some time next week, obviously intended to fall within the do not warrant the making of an Order so that the Nary team, if properly chosen, administrative powers of the Government, based upon such a general charge as that Chinese Affairs on the 5th November, ought to be a strong one. The Caire and and not to be matters requiring, as under under consideration. The Secretary for

Section

Section 4 is different in its the Ambrose will be in the Colony,..

Mr. Alabaster's wide experience in the Colony, coupled with his knowledge of its fas and administration, and his forensic and debating powers render him a most valkable representative of the public, and it would be most unfortunate if the latter should lose Eis, services.

Whilst I sympathise heartily with the sima and objects of the Kerloon Residents Association, I can only regard it as un- fortunate that they should seek to expel valuable a representative, ne Mr. Alabaster.

The needs and interests of Kowloon bave

halked very largely before the Board during the last 7 years, and I can assure the electors that they have always received full and avmpathetic attention.

HANDICAP DOUNES.Capt. Murray and J. 8. Jennings, (owe 16/3) beat J. Stalker and E. Abraham (owe 3/8) 6-1, 4-5, 6-4 Capt. Monteith and Major Timmis (ser.) boat D. M. Larkins and H. N. Pountney (ree. 3/6); 6-0, 6-3,

FOOTBALL

If the Kawloon Residents Association. or any other section of the Community.

TO-DAY'S FINAL MATCH, should" desire, to-bring any matter before

HE. the Governor has intimated his in the attention of the Board then could not do better than lay their case before Mr.tention of being present at today's football Alabaster (If re-elected) who would no match between the Police and St. Joseph's College, in the final (re-ping) of the Hong doubt give it the fullest consideration.

Further, I should like to suggest to the keng Challenge Shield Competition. Kowloon Association and to the Constitu tional Reform Association that they should endeavour to secars more popular re-

truly,

Hongkong, 9th April 1990.

MACKOOPIUM AND GAMBLING

MONOPOLIES,

ARMY. NAVY MATCH.

مدار مسيحية

ماطم

it

bet

MILY

*

The

Their

the

the

a semi-judicial character. 1917, interviewed the appellant under

issue-

Owing to the cancellation of the opium contract at Macne, at the request of the farmers involving the forfeiture of

11 provides for the issue of a deportation Section 4 (6) of the Ordinance and put deposit of shout two million dollars, the

UNITED SERVICES LEAGUE.

order if, after an enquiry to be made in to him questions purporting to be in contract for running the opium farm has

A meeting of the United Services Foot prescribed fashion, the Governor in accordance with Form 3 as prescribed. The appellant objected had to be put up to acetion again. It was

already stated. When the Governor thinks should decided to let the contract, first, for theball League was held at Victoria Barrack Council, is of opinion that such an order The nature of these questions has been na to period from April 8th to July 31st neet on Thursday evening, Master Gunner May that there are reasonable grounds for to the

presiding,

enquiry

as to whether say person should the B9, denying the truth of

ude, vibuted Owing to the departure of H.M. Ships be deported, he may issue a warrant for those numbered 2, and, and the annet price fixed by the Government

Their Lordships are of opinion that it was $500,000. There were thres firms in from the station it was decided to wind up his arrest and detention for not more than sub-heads" (a), (b) and (c).pa

the League for the season. In accordance six days. As soon as conveniently may monopoly, namely with Rule. No 10, of the League rules, be after the arrest, the Socretary for was not competent to make against the competition for the

of the other officers appellant, who was a British subject, or

to question

him in accordance with it, the Choi-nai. Wong-ming-ting and Tai Senz M.8 Carlisle was declared League Chinese Affairs, or one

certain merely general allegation affecting Kong Si. The latter arm made the Champions for the season, haring obtained specified, is to interview the

ba had made the greatest number of points during the arrested, and is to ask him: cert

prescribed questions, and to record his character, that

& practice of highest bid namely 8874.000 and this was season. The League Table is

Goals.

answers, to be signed by him if he is will champerty and the other acts of miscos- $68,266 accepted. This price works out at

F. W. L. 3. A. Ping to do so. The report of the answers duct-mentioned. The Ordinance pre- per week The farm will be put up to H.M.S. Carlisle 13:10 1:2 30 6 22 is to be transmitted to the Colonial Ser scribes by Section 4 (141) as already stated auction again on the 20th inst. for HMS. Tamar 10 7 1 7 16 4 16 retary of the Colony. The only one of that, in the case of a British subject. its

712 the questions

prescribed that is material provisions are not to apply unless in the opinion of the Governor in Council, he period of three years (from August 1st, H.M.S. Hawkins. B 6-1 2 22

11 5 6 1 20 12 11 for the present purpose is the fourth Itomes within the category of, inter alia,

is in a form that begins by setting out 1920 to 31st July, 1923), and the upset 2/Wiltshires... price is 25,481,500 per annum.

The San piu and Pacca-piu lottery rights have also been let by public tender Twelve tenders were received and the monopoly was secured by the Wong-lar Kongsi for $120,000 per annum. This con tract will run for five years.

ARMED ROBBERY AT HAIPHONG ROAD, MEN COMMITTED FOR TRIAL

HMS.", Ambrose A 10 35 28 12 8 hat is allegéd against the person arrest person, who has been guilty of: HMS. Ambrose B 916-9-10 17 17 16 EMS. Alacrity 826 1

10 190 4.43 H.M.S. Marazion

CRICKET

INTER SETTLEMENT FIXTURE.

any

the

Any criminal offence, or of any ed, and it goes on to ask him whether he

other misconduct connected with the bas anything to say in answer to the

preparation, commencement, prosecu

of charge, or any reason to give why he

tion, defence or maintenance abould not be deported When the answer

legal proceeding, or the sharing in the to this question is transmitted with the

thereof, or the settlement or other paawers to the Colonial Secretary,

thereof, or the obtaining or it is to be accompanied by the report on which the allegations, the subject of this preparation of evidence in anticipation that Several cricketers whose names are well fourth question, were based By Section thereof or in relation thereto, " known in Hongkong took part in the big 7, the deportation order is to state the Their Lordships are of opinion cricket fixture which came off at Kuala grounds on which it is made, and the these words describe only a person who Lumpur on Easter Saturday and Monday period during which it is to apply. By bas been guilty of a specific offence or Governor specific misconduct on some particular between the Colony (Singapore and Section 13, the decision of the Penang) and the FM.B. Major W. N. Ed in Council, se to whether any person is occasion, and cannot be satisfied by show

to possess wards, once in the Hongkong Police, and liable to deportation, is to be final and ng that there is a person who is merely

reputed, however, justly," to It is obvious, purovision suc now planting in Bagan Datoh, was playing conclusive for all

have ties of the sort of misconduct for the F.M.8. Porak's sole repre however, that, this

to. This being so, for the reason already bcea complied with By Section 14,38

For it yesterday, cxnmitted to stand their match, Edwards scored 104 not out R. E report is to be made to the Imperial Becgiven, the decision come to by the Gov- trial at the next Criminal Sessions for H. Oliver, who played for the Hongkong retary of State on the making of any morin Council cannot stand b

the liberty of a British subject in armed robbery at. 63, Haiphong Road, C.C., about ten years and who is still deportation order, against a Britian suba nezhion which the Ordinance, construed |

2 very dependable bowler, wsa also in the rom the evidence it would pear that M. teant Claxton the Kowa

of Section Important, strictly, as I must be, does not warrant the men gained admittance to the house loon O.C. and Hongkong CC cricketer, for it provides that the provisions of her herdships all therefore, humbly

played for Singapore. As far

Section are not to apply at all in the adviso His Majesty that the provisions

the Ordinance have not been complied oste of British subject, unless hoi ates BT. JOSEPH'S COLLEGE SPORTS) & person who in the opinion of the with, and that the judgment of

dismissing Governor

in Council has been guilty of Supreme Court of Hongkong, any criminal offence, or of any other the action must be made simply that the The annual athletic sporta for the pupils

declaration should St. Joseph's College, take place on the misconduct, connected, with the prepara

Urder of the Governor in Council of the acecourse today,/ commencing at noon. tion, commencement, prosecution, defer

will be the event for past or maintenance of any legal proceeding 15th January, 1818, was invalid. As the contest is one between the subject and the or the sharing In the proceeds hereof, or Crowe, there will be an order as to costa. pupils for which post

the

ent or compromise hereof, or receivid

Five Chinese were at the Magistra sentative. In a recent Benang Perak Apply if the terms of thá Ordinance character of having mada a generarred

#ter-to

by pretending that they had deliver, drew revolvers on the

who were women, and, after tres badly, stole a quantity of

ather four were traced to a lonely mat where they were

man was arrested: imm

them

bes

be set aside and that a

When the appetite

is touchy!

When summer days- grow torrid and appetite lags when you're finicky about food and don't know what to eat-let

of

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$6

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20

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Sweet Gerkin Pickles

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Pearl Onions Dill Pickles.

Pea Soup

Strawberry Freserve Pure Malt Vinegar

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18-

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108

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