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COUNCIL.
A meeting of the Council was held yesterday afternoon, Present:-
The Council signified in the usual manner its wish to have its appreciation of Mr. Joseph's gift recorded in the
minutes,
FINANCE"
Clause is certainly an innovation. I THE LAW RELATING TO EVIDENCE.
· The ATTORNEY-GERAL moved the rats attempt to dent with the diffoulty reading of a Bill intituled An Ordinance which sometimes occurs here but one to amend the law relating to evidence which, I suppose, subtom or never occurs in England. Medical Ofoers in the and to the administration of oaths. Hel The COLONIAL SECRETARY, by command said: This Bill Sir, deals with various Government service, of course, frequently HIS EXCELLENCY THE OFFICER ALAISISTER-
GOVERNMENT (Mr. CLTD of H.. the Officer Administering the miscellaneous points and I propose to 50 on leave, and when they leave the ING THE
Government, laid upon the table Finan-deal; shortly; with each clause in detail. servis, funtly, they often go to place SEVERN, C.M.G.). H.E. the General Officer in Command of cial Minutes Nos. 1 to and moved Clause deals with section of the for distant from the Colony and it is the Troops (Major-General Siz Jons that they be referred to the Finance Com- Evidence. Ordinance of 1889. That see impossible to get them back to give evi-
Fewun K.C. M.G.. C.B., D.8.0.).
Hon Mr. A: G. M. "Fueruen, "C.M.G.,
C.B.E. (Colonial Secretary).
Hon. Mr. J. H. Kaur. KC., C.B.F.
(Attorney-General).
mittee.
The COLONIAL TREASURER"seconded” and the motion was, agreed to.
TES COLONIAL. SECRETARY, by command Hon. Ms. E. R. HALLISAN U.B.E., H.E. the Other Administering the Government. laid upon the table the report of the Finance Committer (No 9), and moved that it be adested by the
(Secretary for Chinese Affairs). |Hon, Mr. E. A. Invisa (Director of
Education).
Hon Mr. D. W. TRATHAN (Colonial
Treasurer).
Hoa. Mr. T. I. PERKINS (Director of
Public Works)-
Hon. Mr. E. V. D. PARK. Hon." Mr. A. O. LANG.
Hon. Mr. Chow Snor-son,
Hon. Mr. A. R. Lows.
Hon. Mr. H. W. BIRD. Hon. Mr. Na Hos Tsz. MR. A. DYER BALL (Clerk of Councils)
PRESENTATION OF A MILITARY. CROSS
to Mr. Donald C. Logan (late Captain in the Loyal North Lancashire Regiment) the Military Cross.
a description of the services in respect of which the decoration was given: For conspicuous gallantry and devotion to
1
Council.
The COLOSIAL TREASURE seeded and the motion was agreed to.
PAPERS.
tiqn" provides for the reading at the trial dence. The section provides that in any at the Sessions of depositions taken at proscention for murder of mansikter the Magistracy where, the witness, for any medical entries or report of any Gor various reasons, cannot be produced by rament medical officer which purport to the Crown at the trial. Obviously there relate to the deceased will be athnissable must he such a power as otherwise wig-in evidence, on proof of his handwriting nesses for the Crown might be kept out and proof of his death er absence from destenile because witnesses sometimes dis. before the Supreme Court, medical evi die. It has dence which we would have liked to call the way by the other side. It is also the Colony, In a recent murder trial appear for other reasons or
would have been given by a doctor nat been found in practice that the present
now in the Colony and he could not section 20 is not quite strong enough to j
doctor cannot
obviously cannot remember the details common use of this class of evidence is without refreshing his memory and what memory in that way. The lunger the time of course, in cases of manslaughter and he does is to go to his record, read it murder. A witness is seriously injured, and give his evidence after refreshing his
- i cover all possibl» cases and this clause Possibly get back to give the evidence.. We got over the difficulty, herause it so The Colosta. SECRETARY, by command proposes to strengthen it by providing
of the case had remained for the post- of H.E, the Liovernor laid upon the table that the depositions taken at the Magis happened that the police officer in chargs. the following papers:-Report of the trucy may be read at the trial if the mortem exmination and bad taken a kera Director of Public Work; the "Sanitary witness cannot be fonid, at his last interest in it. and was able to describe Report, and Report of the Secretary for known place of residence in the Colony, exactly what the result of the post- in so favourable position and an Chinese Affairs, for the year 1991. Also Of course. every effort is made to find mortem were. We might not always be
be palled, | an "Order made by the Officer Administer the witness anil to produce him if poss think it safer to provide that where
the ing the Council under section of the ible.
mortem examination shall be admissibles Before the business on the Agenda was Pilots Ordinance 1904, made August 24th, Clause of the Bill deals with section cause of his death or absence iron. proceeded with, H.E. THE OFFICER AD 1924, and Additional conditions of Ent- 32 of the Evidence Ordinance. 1886. That the Colony, his recort of the post- MINISTERING THE GOVERNMENT -presented"
Chinese Restaurant section deals with what we call dying in evidence. Of course, the question of ing House and
I matter. I might say that iteloes not seen Livertes under sections 21 (2) and 33 (5) depositions. Where a prosective witness the weight of that evidence is anothe of the Liquors Consolidation Ordinance.is dangerously ill it is the practice to be a very important change to make *These decisions by H.. the Officer take his deposition, generally at the these records evidence: because, after His ExeLever said: I have been asked Administering the Government in Council Hospital. so, that his evidence may be all if a trial takes place after a con. by the Secretary of State for the Colonies have already been ablished in the perpetuated in case of his death... The siderable lapas of time the medical officer to present the Military Cross to 'Captain' Gorerament Gazette, Donald Clements Logan, late of the Loyal! A TEMPORARY PUBLIC LATHINE IN KOWLOON,
he is taken to the Hospital, a Magistrate that clapses the more the eriilence really North Lagenshire Regiment. The award. The COLONIAL SECHSTARY moved the of this decoration was notified in the following resolution:- London Galette of March 12th, 1917, with
Whereas application has been duly is sent for as quickly as possible "and rests on the note or record rather than Clause 10, is, I think,-though the point made by the Sanitary Deard to the bis evidence is taken, If be subsequently on the officer's own recollection. Governor under section 107 of the Public dies before the accused can be brought to is not quite clear-practically declara- Health and Buildings Ordinance, 1003, trial his evidence may be read on proof tory of the existing law. At all events for the erection of a temporary Public
that any observations made by the accused Lafrite on the area immediately the of his death and on proof that certain it clears up certain doubts; it provides south of Kowloon Loland Lot No. 111, requirements of the section have been in the course of the hearing at the Magis- complied with. It is also possible to tracy and any evidence given by his Kowloon City Road!
and proved at the trial by the production And abereas such application having read the evidence if the witness is so il must be taken down by the Magistrate been duly approved by the Governor and that he is unable to travel to the Court. of the depositions. There is a certain a notification of the intention to ercet a
trial should be proved, and though our temporary Public Latrine at such site The requirements of section 32 are rather amount of doubt as to how the remarks having been duly published in three technical on certain points, and theas made by the prisoner in the course of a successive numbers of the Gazette, certain dying depositions are frequently rejected Magistrates Ordinance provides for this owners and occupiers of property in the here and i England.on technical grounds. admissibility of the depositions to prove of the case, it makes no provision for vicinity have objected to such prection:
"And whereas such objections have The Courts are naturally very iculous of the prisoner's formal statement at the end admitting the evidence unless it com the proof of his evidence on cath, or considered:
plies fally with the requirements of the of any statements made by hina in the Statute. Two of the requirements of the course of the hearing. This clause pro rection deal with points that are rather vides that such statements, and his evi
the trial. Or technical; for example, ons deals with the dence. may be proved on Ene production
caption which must appear on the of the depositions at
the course, the only other way would be to depositions. The caption" In moving the resolution, the COLONIAL statement of the circumstances under call witnesses, and the "recollection of. which the deposition is taken and shows the witnesses is much less likely to be Mr. Logan's parents and brother and SECRETARY said: We have taken great the authority for taking it. Cases have correct than a note taken in writting ar I beg to sister attended to witness the presentation. pains to arrange the site of this latrine occurred where a deposition otherwise the Magistrate at the time.
The position has been chosen, in so far as perfectly in order has been rejected be-move the first rending. The minutes of the last meeting of the
tion. The section also requires certain resolution was carried and the Bill was Council were approved and signed by the possible, away from buildings, and from cause of some technical error in the cap- The COLONIAL SECRETARY Conded, the “
prospective buildings, and it is not ou notice to be given to the accused, and read a first time, any of the projected main ronds of the cases have occurred where the deposition bas been rejected although no substantial locality.
wrong or injustice has been done to the The ATTO SEY GENERAL seconded the prisoner merely because certain require ments as to notice were not properly com motion which was agreed to.
plied with. Clause 3 of the Hill, under to consolidate and simplify the law relat ing to perjury and kindred offences. H DANGEROUS GOODS (AMENDMENT) paragraph (g) propuses to add this proid This Bill is based on the English
vision to the original section- ORDINANCE."
duty during a raid on the enemy's trenches. He led his party to its objective with skill and intelligence, inflicting severe loss on the enemy and capturing six prisoners."
After pioning alas medaken to the lapel of Captain Logan's 'coat, HIS EXCELLENCY said:
“It gives me great pleasure to make this presentation to you, and I can gratulate you most heartily of having won this mark of His Majesty's favour by your gallantry.
Members of Council stood in their places while the presentation was being made.
President,
لرحيم
MINUTES. *
the end of this month.
to
لا أعالية
It is hereby resolved by this Council that the above mentioned site and the erection thereat of a temporary Publio are hereby Latrice he and the same approved."
મ
THE PERJURY ORDINANCE. The Arranses-GENERAL moved the first reading of a Bit intituled an Ordinance
Perjury Act of 1017. That Act was the "No such statement shall be reject first instalment of Lord Lorburn's schema.. ed on the ground of any failure to for the codification of the English. sub-section (1) with regard to the no great favour in England and I may point comply with any of the provisions of criminal law. It has been received with. tice or the caption unless the court out that it is a true code bienuse it given. is of opinion that the person accused the rules both of Statute and Common was substantially prejudiced by such law and in that respect resembles the Bills failure."
"of Exchange Act and the Sale of Goodz
4
THE PEAK HOSPITAL APPRECIATION OF NE. JOSEPH'S GENEROUS CIT His EXCELLENCY THE OFFICER ADMINISTER- ING THE GOVERNMENT said: Since our last meeting, as hon. members are aware, Mr. J. E. Joseph has bought the property. The ATTORNEY-GENERAL Moved the first known as the Leak, Hospital and by an reading of a Bill intituled "An Ordinance to amend the Dangerous Goods Ordin act of great generosity, made it over ance 1873. He said: This Bill is neces-i the Government to use as a Nursing Hom
sary, Sir. in order to make it possible to for such period as we wish. By doing make certain alterations in the rules re- this Mr. Joseph relieved a very difficult lating to the storage and possession of Of course, it is for the Court to say Act and differs from mere consolidating These cales have whether the failure to comply with the statutes, like the Merchant Bhipping Act. situation, as the present owners of the
section was one which causes prejudico and the Public Health Act which merely inflammable liquids.:
collect the Statute lay on the subject. Hospital, had determined to elow it by been drafted in consultation with the to the prisoner or not.
If that hád occurred the hospital accommodation of Reipal companies concerned in the Clauses 4 to 8 deal with the form of The Bill was drafted by Mr. Craigs, the storage of such liquids and they are oath and affirmation. Clause 4 is a copy Editor of Hardcastle's, Statute Laws," Criminal Law he wag the Colony would have been very short;) partly based on "those applied by "the of two sections in the English Oaths Archbald's Criminal Pleading," and
Act" of 1000 and our Oaths Ordinance Russell's in fact, we would, no doubt, have had a Petroleum Department of HM. Govora of 1010, except that, in our Onths Ordin-assisted by a strong body of experts. The peat the words of the oath himself; the Common, and Statute Law on the subject: very difficult time in providing for ment. The necessary power to ranke re-ance, the witness is not required to re- English Act comprises the whole of the patients. The Government have accepted gulations is given in the new clause which oath is repeated by the officer of the and codifies 200 Statutes in 15 substantive Mr. Joseph's generous gift and have clause 2 of the Bill proposes to insert Court. That is not the English practice, and four formal sectiona. It is rather appointed a committee, which is now at in the principal. Ordinance The other and it is not the practice here with re- wonderful example of codification. It work making arrangements for carrying amendments made by the Bill are con- gard to declarations by persons who are repeals Statutes going as far back as the on the hospital from the 1st of October. sequential with one exception. Section not either Christians or Jews. It is reigns of Elizabeth and Henry VIII The The Government have taken over the 18 of the principal Ordinance provides thought that requiring the witness to simplification effected by this codification of the repent the words of the oath himself is is illustrated by the fact that Archbold's responsibility of seeing that the property that offences under section is put in thoroughly good order, and when Ordinance can only be dealt with by two more likely to impress him with the im- Criminal Pleadings, for example the Nursing Home which is to be erected Magistrates sitting together. The section portance and solemnity of the oath, and, used to contuia 30 pages in the old edi as part of the War Memorial of this in question deals with two offences, one in any case, in making this alteration tions on the subject, but the last edition,
has only 17 pages. The Act gets rid of Colony is ready it is proposed to hand is the carriage of dangerous goods and we are going back to the English prac issued since the English Act was passed back this property to ir. Joseph to deal requires that dangerous goods must not tice.
Clause 6 merely provides for the use great many cooficting decisions on various I am sure that hon. be moved unless the package contains with as, be wishes, members will wish the Clerk to record on in English and Chinese the word" dan of the Scottish form of oath when the points and simplifies the law on many the minutes the appreciation which we, as gerous," The other offence dealt with inwitness wishes to be sworn in that way. others. The variations in this Act from representatives of the community in this section 13 is the offence of delivering It is merely repetition of an existing the English Bill are very slight, simply Colony, feel towards Mr. Josph for his dangerous goods to a warehouse keeper section: Clause is new in our Statute because of local conditions, currency and There is one section, clause 10, which most philanthrophic action in this matter. without giving him notice of the nature it is a copy of a section in the English The Hon. Mr. E. D. V. Pann: Sir, this of the contents of the packages. Offences Oaths Act of 1888 which provides that
of that nature are dealt with in England where an oath hus heen administered does not appear in the English Act, but Council will cordially support what you ! by small fines varying from a maximum duly, and taken, the fact that the person that is merely a copy of the existing have said in moving this vote of thanks! to Mr. Joseph for his generous gift to the of £s to £20. Our section 13, for some to whom it was administered has no resection in our Evidence Ordinance It community The circumstances of the curious reason, makes the maximum ligious belief does not affect the validity proposed sale of the Peak Hospital to the or two years' imprisonment. It of the nath. It is obvious that if a person provides that where & witness wilfully is under consideration to reduce that takes an oath without raising any object makes two contradictory statements he community, which has been going on durmaximura because the offences do not tion, neither he nor anyone also can be can, bo charged with perjury without the eithor of the statements. One other point ing the last two years, have been recorded seem to be very serious. Clause e of the heard to say that the oath is of po effect Crown having to prove the falsity of in the public Press, so it is not necessity Bill proposes to give jurisdiction under because the witness had no religious he
1lish Act is that it omits certain provisions to say anything more on the subject here that section to oas Magistrate; because lief It would have been possible to make tem- there are many more. serious offencek porary arrangements, in my opinion, if which, at present, are dealt with by one do not think I need go into detail because which have an extra-territorial effect the Peak Hospital had been sold as any Magistrate alone. It is under considera- it is fully explained in the Objects and Parliament can legislate extra-terri- thing other than happital, but the tion to insert further clause in the Bill Reasons. Putting it shortly the clause torially but we cannot Otherwise the arrangements could not have been as good reducing the maximum penalty water intended to simprify the law on the Bill is practically a copy of the English
subject of affirmations and make it ap as the hospital itself, and Mr. Joseph, by sertion of the principal Ordinance,
The COLONIAL SECRETART seconded the proximate to the English inw on the sub- stepping into the breach and making this generous gift to the community, will carn resolution, which was carried and the Bill ject. Clause is practically a copy of
an existing section." the thanks of everybody,"
was read a first time accordingly..
Clause is more complicated, in which the Bill differs from the Eng
Act.******
The COLONIAL SECRETARY scoonded the was read a first time accordingly. motion, which was carried and the Bill
No comments yet.
Private notes are available after approval.