1922-09-18 — Page 2

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THE STORE FOR VALUE, HONGKONG:

PRESS, MONDAY, SEPILMBER 18TH, 1920

NEW LOCAL LEGISLATION.

FOUR NEW BILLS.

The current issue of the Government Goutte contains four draft Bith which jare shortly to be introduced in the Legis. lative Council. Brief particulars appear below:-

Reasons

DANGEROUS GOODS "ORDINANCE. The object of this, amending Bill is to enable certain alterations to be made in the raies relating to dangerous goods, It is explained in the Objects and that the proposed new rules have been discussed with certain mpre sentative persons concerned in the ide in the kinds of dangerous goods affected, and some of the rules are based on a model supplied Phy the Patroleum Department of His Majesty's Government, EVIDENCE AMENDMENT ORDIN ANCE

H

"

CORRESPONDENCE.

HAPPY VALLEY · TRAMWAY SERVICE.

TO THE EDITOR OF "TEX HONGKONG

DAILY PRESS.

ance!

8.Section 44 of the Evidence Ordin-" ance, 1880, provides that every person wha is neither a Christian nor of the Jewish religion shall in lieu of an oath make a declaration. In the first place this is,in. consistent with section 43. of the same the alternative of an affirmation. In the Ordinance, which gives in certain cases

May encroach on, the columns second place it denies to anyone who is not a Christian or a Jew the right of taking an oath at all. In the third place, of your popular and widely-trad paper there seems to be no reason why the de- on a subject of public utility and imparts" claration under section 44 should be in a different form from the affirmation under section 13. Sub-clause (2) of clause 7 of the Bill provides that every person who is neither Christian nor a few shall be permitted to make an affirmation instead of taking an oath, and is is proposed that natently at one end of the Happy under this provision the affirmation shall Valley, (bare watched closely and with be adininistered to Chinese witnesses as a keen interest the ràpid development and matter of course. Clause 7 also adopts ever-increasing growth of the population ond fort. that of affirmation, instead

in this part of the Colony, which may of the two different forms, ie., of affirma- tion and declaration, provided for by we be called one of the finest pesidential section 43 and 44 of the Evidener Ordin-aubarls of this sinal island of Hong- ance, 1889.

Ever since I and my finity escaped" the noisy and overcrowded centre of the city of Victoria and established my home

-Clause provides that in the case song. A Bill to amond the law relating to

Houses along the hillsides as well as na evidence and the administration of caths, of an oath the words of the oath are to makes various amendments. The fellow-be repeated by the person taking it. This is the known as Braidwood Road; ing extrels are taken from thejects in accordance with the English practice. have, with thanks and credit dự to

altached to the Bill: - and it is in accordance with the existing

and Bea ors

of athrmation has also been taken from een crater were the tears of cumu that Act, and clause is made generalnication by both tram súd vehicles driven; and is not restricted to the case of he man power profiled. This has un declarations."

ན་

2. Section 20 of the Evidence Orlin-practice here with regard to declarations,ertain enterprising financiers and the

10.-The other provisions of clauses 3 to Government, sprung up as if by magie in i

J time a comparatively short spar an, 19, provides that a deposition taken at the magistracy may be read ats are taken from existing Orilinances, the tria the sessions if the prosecution except that clause 6 has been adoptedThe development, f'am, told, would have are, for certain specified reasong mable from the Oaths Act, 1865, the exact form to produce the witness at the Trial. Owing to thenlties of proof the specified gounds have been found insufficient, and it is proposed to add to them a farther

11.-Clause 9 is an innovation. It pro fortunately given cause de certain intrust. ground. Binder the section as amended

ormencement of certain building operations. by claus it will be enough to prove vides that in any prosecution for murdering builders to hesitate gift the com- that the ass cartiot he found at his or manslaughter any medical notes last known place of residence in the rart by any Government medical officer provision" for which purport to relate to the deceased) Colony, Withou one ading the depositions of absent wit.shall be admissible in evidence upon prodf | village. nesses it would in many cases be a simple of the band writing of the medical alger matter in this Colony to defeat the ends of justice by bribing a material witness to disappear or by driving him away by threats. In a recent ease, which failed a this way because leave to read the depositions rouhi not be given, the prin eipä! witnesses were driven out of the Colony by threats. The amendments to b made by paragraphs (b) and (e) of clausa

are formal.

the vicinity of Wong Nei, Clang

Although times have changed on a larger

haring wisely foreseen the approaching usefulness and prosperity of this, once a remote, part of the Colony, contemplate the construction of motor roads above this

and a proat of his death or absesc seale, and althểngà the Government, from the olony. This is desirable in a place like Hongkong where officers are frequently away on long leave, and where offers who have left the Government ser vid are often so far from the Colony that it is imposible to bring them back to give evidence The difficulty probably valley as well as the replacing of the

curs rarely in England. Usually the lately inadequate sewage most important medical evidenes in larger obes, yet the Company that derives 3. Section of the Evidence Ordin, urder case is the evidence of the officer the benefit and reaps the revenue for run-

in hot, wet

drains. with

Besidents at the foot of Broadwood of whoni a large number are hill. Government Civil servants, have to walk.

and occasionally stormy weather a long distance either to the terminus or the monument... before they, their wives and small children can board an outgoing car

in charge of the mortuary. His evidence doce, 1989, provides that a deposition

is required for two purposes, to prove the ning electric traments has, alas, donn taken by a magistrate anywhere fromas of death, and to assist in proving practically nothing, save providing "only" person who is dangerously ill way, the identification of the bedy. Of course, ten or twelve minutes' service traversing | relevant, he read at the trial of any bin evidence is often useful for other pur the one side of the Race Course densely poses als, cp, as to the nature and pri-oner for any indictable offence, if the deponent is dead, provided that certain direction of the wound. A reenid, in the occupied by graves of departed residents | requirements with regard to the taking of hand writing of the medical officer in and stopping daily at the somewhat early the deposition were complied with. This charge, is kept at the mortuary, and of hour of 8.13 p.m. section is often made use of in wounding course is always referred to by the medi cases which may develop into murder cal officer when be is called as a witness. masinughter cases in the event of the The longer the lapse of time, the more death of the injured mav. The statement does his evidence in fact depend on the is usually taken at the Government Ciril written record and the less on his recollect Hospital and it is generally a matter of tion. It does not therefore seem to be a great urgency. Some of the requments very violent step to make the record itself above referred to are rather technical evidence when the officer cannot be called. The substantial one is that the accused

12. Clause 10 deals with a point upon person must be present and must have which there has been some doubt here, ... an opportunity of cross-examining the the proper method of proof of an observa

It is unnecessary for me to say that some depotient. The broad general intention of tion made by the prisoner during the the section seems to be (1) that such course of the preliminary proceedings folk, after a day's strenuous work, are evidence should be made available in case before the magistrate. Section 73 (3) ut of the depondent's death, and (3) that in the Magistrates Ordinance, 1600, makes the not pleased at having to walk a distance the taking of the evidence the interests of formal statement of the prisoner admis.of at least the Recused or suspected person should it on mere production, but the Ordinota tram-car, to their homes, but us is silent as to the proof of any things are, they are put to this incorven- be considered as much as is reasonably ane possible. It sometimes happens, however, observation ur statement made by this that the courts feel bound to exclude these prisoner at any other stage of the pro- dying depositions, as they are called, on cerdings.

Clause 3.

-The legal position in England is somewhat technical grounds.

It is quite certain that therefore, proposes to add to section 3 not quit clear. a provision that no dying deposition shall such an cbservation may be proved at the be excluded on the ground of any failure trial, and is has been done in a number to comply with any of the above require of reported cases. The cases are not enn. ments which relate (a) to the caption (b) sistert on the method of proof.

mile from the halting place.

finger, however much grumbling they may

indulge in amongst themselves."

A Governinent servant whom I happen to know has, in conversation," blamed the Tramway Company for not providing a more adequate and efficient service espe to the notice to be given" to the accusedxample, in R... Feller (1846) 2 . and cially as the Company has been earning perapa, unless the court is of opinion, Platt, B., refused to receive evi- good returns on its "capital and outlay. that the accused person was substantially dence of an observation by the prisoner This Government employé has gone wa on the ground that it should have appear- prejudiced by such failure. The caption

For

wänt-are-

1.-That ₤1 Sve isüt

tram-car

is a technical part of the record of thed on the depositions. This is in conflicfar as to tell me that be and certain of deposition. -

with e. Spilbury (1835) 7 C. and P. his colleagues would have yelled out their 4.--Clauses 4 to 8 deal with the form of 157, where Coleridge, Ja, admitted oral complaints in the Press leng ago. had pot prevented certain Government orders The principal evidener "of such an observation, Russell } path ar aratation.

there from writing to the newspapers. changes which they propose to make in on Crimes, 7th, ed., j), 2294, expre spy th--|

view that . Biller vannet he suppor: the existing law are as follows,

What most of the residents here, who 4.-Clause 7 provides an alternative of. The authority of most of the cases alfrmation, in all cases where an oath is cited in the banks on this point is perhaps can ill "afford the luxary of automobiles, because nearly all the cases were under 7 required by law. At present the afterna subject to some doubt in this Colony. tive of affirmation is provided only (1) in Geo. 4. c. 64, which requires Justices to the cas: of rice cure evidener, fidavits

take the eximiuntionef the prisoner. service instead of the existing tiresome agd depositions (Ordinance No. 2 of 155 However, in . r. Taylor (1975) 13 Cox one, should be immediately put on.. B. 13), and (2) in the case of the official

That the service should continue, in oaths prescribed by the Promissory Caths hich was after the ring of the Ordinance, 1889, (Ordinance No. 1 of Indictable Evidences Act, 1848, Brett, J.,

or 10 pm. instead of stopping at the 1860). The alternative is not provided in sms to have assumed, that such an the evening until the hour of 9.30 p.m. the case of the oath of allegiance gen observation could be proved by the de- erally, though of course particular Ordin. positions, though he allowed oral proofear hour at present fixed, so as to get an after-dinner tram ances de provide an alternative for cares in that particular one. What was there enable folks to where the oath is to be taken under that proved was a question by the prisoner in service.

Cress examining a witness.

3. That more rails should be "laid, to particular Ordinazoe.,

14.- Clause 10 of the bill directs tho enable two cars to pass one another and a 6-Under section 42 (1) of the Evidence magistrate to take down such observa- new track ahould be at once laid on the Ordinaner, 1589, if any person who is not tona, and it makes the depositiona evi-Broadwood Terrace side, passing all the a native of China is unwilling from condence of any such observation so taken European residential quarters, with con- scientious motives to be worn he is down, without prejudice to any other venient halting points and linking up the allowed to make an affirmation, but it method of proof. The clause also applice trunk lines on the sea front either along would appear from the form of atfirma to any evidence given by the accused the Bowrington Canal or some other tion that this option is given only to before the magistrate. Probably the similarly wide street. persons who have a religious belief and whole cisuso is merely declaratory,

..." 毋

In asking you to publish this letter I

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KRYPTOK LENSES

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who are prepared to say that the taking 15-It may be noted that under 1 and may assure you that I am voicing there the most perfect double focus glasses of an oath is unlawful according to their Vict. c. 105; au cath may be administer sentiments of the majority of the resid- for both reading sad distant. In the religious belief. The section does noted in any form which the witness declarca ents here, and I earnestly appeal to the ordinary bifocal lens, the segment "or

Company, having this monopoly, to make seem to provide for the case of persoas to be binding on him." who have no religious belief. This caso

PERJURY AND KINDRED OFFENCES.

early arrangements for the provision of part for reading 18 cemented to the dis an all-round, faster and more efficient tant lens, raising the segment above this is provided for in sub-clause (1) of clause..

service, which will, if not at the present surface of the main lens. The segment Tof the bill, which is taken from section 13

This Bill is founded on the Perjury moment, certainly on a day not far off, and the line of anion are always more of the Caths Act, 1888.

The repay them in the way of area.

less noticable. In Kryptok lens, na 7Section 43 (1) of the Evidence Act, 1911, 1 and 2 Geo. V., c. 6.

Should the "Hongkong Electric Tram Ordinance, 1880, "does not give the option Attorney-General states in the "Objects of affirmation to persons who are native and Reasons" attached to the Bill that ways Company let my appeal pare with cement is used, but the reading segment of China. This does not seem to be war- the general reasons for adopting English out taking steps to meet the people's is electrically fased in a depression id ranted. It is quite possible that a native criminal legislation are especially strong complainte, I suggest that our able and the main lens, while the whole lens in of China might be found who had a con- in this case 38 the Perjury Act, 1911, is popular Colonial Secretary should bring scientious objection to taking an oath. a true codifying enactment. It acts out pressure op them to fulfil their duties, ground smooth on both sides to the In conclusion I invite other residents desired foons. Kryptok lenses of any It is also not always possible to ascertain the whole law on the subject, both com-

a case

INDUSTRIAL EMPLOYMENT OF

1

a witness's place of birth. Further, there mon law and statute law, and it is not a of the Valley. to continue this correspond-

form are manufactued by the Hongkong they do get what they are entitled to. does out soco to be any reason why in mere consolidating Act which only cool-ence and shout out their grievance, sill prescription in either regular or Toris

of this kind, persons of Chinese lects and rearranges the statutory law,

Thanking you for the space for this Optical Co. successors to Clark & Co, race, religion and traditions who happen

insertion, and enclosing my card. Yours Optical Prescription Specialists, located to have been born out of Chios abruld be

truly,

in 53, Queen's Road Central-ADYT. treated on a different footing from those born in China. Clause 7 of the bill abad- dons this distinction.

CHILDREN..

The provisions of this Bill are 'ent, out at considerable length in another column,

PATER OF A LARGE FAMILY. Hongkong, September 15th, 1922.