1924-04-08 — Page 5

Page

LEGAL POSITION OF THE

S.C.A. #!

CAN AN OFFICIAL BE CALLED TO

GIVE· EVIDENCE.

FURTHER INTERESTING ARGUMENTS,

The interesting point was argued in the Summary Court yesterday morning before His Honour the Puise Judge, as to whether an officer in the Secretariat for Chines Affairs cán Le called upon to give

before him

evidence on matters which en

suficial capacity.

The case was one which had ass jest the possession of a house, Mr. H. C. Macnamara appeared for the landlords and Mr. C. A. S. Russ for the tenants. When the eas enqu' en" for haring re. contiy, Mr. Macnamara applied for the evidence of Mr. Nihill of the Secretariat for Chine Afair, but the Head of that Bepartment objected. This was the matter murgued" yesterday,

M. T. M. Hazlerigg, the Aeting Crown Solicitor, appeared for the NCA., and aid that My. Nihil hul aireedy to the Court of the objection taken by the S.C.A., which was to divulging what look place at the nifiers of that Pear meat, The position was that the S.CA, was per, forming valuable work for the State in compusing the difference between meras The bery of the Chinese erumunity opicion of the Head of that Departmens

was that if it beenne know that matters

which transpired in that office were liable to be disclosed it would reduce the value of the Department permendy It was esseydiil that persons who went there for the composing ¤& their differences, which wore often of a soufidential nature, should have de átment confidence that the difier ences should be treated as private. The Crown Soliciter submitted that the ques tion of privilege applied equally to facts and documetás,

|

THE HONGKONG DAILY PRESS, TUESDAY, APRIL STE, 1924

FAMOUS INDIAN. POET IN HONGKONG.

DR. RABINDRANATH TAGORE

ARRIVES..

Dr. Rabindranath Tagore, the famous Indian poct, arrived in Hongkong yester-

Atsueta Mar day morning by the s.5. from Singapore. He was met on arrival the Vice-Chancellor of the University of Hongkong Mr. W. W. Hornell), who |

has met the poet un many previous peca sions in India principally at the Calcutta University, Antongst others present to welcome Dr. Tagore to Hongkong were Mr. N. Teesdale Mackintosh (Registrar of the University), Mr. J. H. Buttonjee, sent., and Mr. J. H. Ruttonjec, juur. Mr. Nemazce, and Bishen Singh (repre- seating the Indian Community in Hons kong). Dr. Tagore was accompanied by Mr. Elmsford and Miss Green.

..

The party motored out to Repulse Bay Rodel to tiffin and arrangenients had been nade for Dr. Tagore to spend the night continues his journey this there. Ife morning to Shanghai and thence onward to Peking where he has been invited to lektore to students. In Peking he will probably be the guest of Mr. Johnson, the tutor to the goang Emperor,

Di. Tapere is a man of dignified up- earance and charming disposition. His commanding presence attracts attention wherever he goes and his easy conversa. tional manner (even in English) nkės one fee; at home almost at once.

a member of a very old family, änd Di, Tagore was born in Bengal 63 years

-

"

THE VOLUNTEER DEFENCE CORPS.

ANNUAL INSPECTION BY THE 0.0.0.

SPORT..

RIFLE SHOOTING.

The Hongkong Volunteer Defence Corps by defeating the HMS. Tiluaia on Saturday in a rifé league shopting match maintained their undefeated rifle shooting" Their score was 731, record this season.

Despite the inclemency of the weather there was a large turn-out of members of the Hongkong Volunteer Defence Corps, last, evening for the annual in the highest this season. The final placings spection parade held on Murray Parade of the teams: H.K.V.D.C., ist; H.M.S. Ground, when H.E the General Officer | Despatch, second: H.M.S. Tamar, third, Commuding (Sir John Fowler, K.C.M.G..The scores of the final match are CH., D.8.0) inspected the Corps" and follows: — members on parade. The men were mus Belivered an interesting speech to the

tered at Volunteer Headquarters and,

headed by their pipe band, marched on to the parade ground with the Command- ant of the Corps (Lieut.-Colonel H. G. Bird) at the head of his troups, where they were brought up in parade forma.

tion with the Mounted Section on the right Bank.

+

There were present on parade:-- Battalion Headquarters.-Four officers and three other ranka.

Artillery Company:-Qne officer, eight other racks.

Engineer Company-One officer, 40 other ranks.

Machine Gun platoun.-Oue officer, I other ranks.

Mounted Infantry Section.-One ofi eer, 37 other ranks.

No. 1 Platoon (lafantry Couŋany).— One officer, 15 other ranks.

HONGKONG DEFENCE CORPS.

0 Bot Boh To- yds. yds. yıl, mil

"

F. L. Goodman 22 91 J. K. shaw

T. Swan (Stamary

"

Open Sights 31

21

32

10

30

R. J. Goodman.. 32 D. Reid W: Eldridge

29

J. Lyons

II.M. N.

TITANI.

Mr. Garrett Mr. Wick

20.

Mr. Sheehan

26

Mr. Clark

Mr. Firth....

Mr. Keye

19

13

Mr. Guerney

i

RE

40

No. Platoon (Scottish Company),~ |= Mr,” Penfoki One officer, 20 other ranks.

No. Platoon (Scottish Company).— One officer, 14 other ranks.

No. 9 Platoon (Reserve Company).— 38 other ranks.

Pipe Band.12 other ranks. Total strength on parade. (last year's muster was 199).

On the arrival of the General Officer

the General after taking the salute, in-

BILLIARDS OPEN

491

6+

510

2+

CHAMPIONSHIP

OF THE COLONY.

before middle-ags had established shis

olie Literatare Prize. In 1915 he was Commanding, accompanied by several literary reputation. In 1953. ht won the knighted on the occasion of the King's staff officers, at 6.20 p.m. the Companies Birthday conferment of honours, but he were smartly brought to attention and has since repudiated his knighthood to spected the various units, paying parti show his disapproval of what he considers cular attention to the Mounted Section Britain's wrong policy, in" India. His and displaying a keen interest in the best-known volume of poetry is "Citanewly formed machine gua section's new motor lorry, which has been presented to matter if I say. I admit that facts andjali. a translation of some of his Beagali the Corps by Sir Paul Chater," C.M.G. 31, 2, 54, 27, 34. 20. 22, 33, 33, 31. §. C.

The lorry is camouflaged and mounted with two machine guns,

Dr. Maquar It may shorten

docents are on the same lootitis

lyrics, and others of his books include The Crown Solicitor then proceeded to - Sadhana.“The Gardener," and "The quote cues in support of his salonssälan.

Crescent Moon." He wrote 11 drama # Lordship said the facts in this entitled The Post Office" which was case were thru one party what to the produced in the Court Theatre in 1913. SCA, who sent a message to the landlord | More recent works are his Memories," to attend and the landlord thought in published in 1917, Lover's Gift and would not be right to disebage, The Crossing (1915), and Mashi, and Other prestige of the S.C.A. was very high, and Stories." quite rightly so. The landlord, basing "been sent for, went to the Offer and the other side asked for concessions, Moved by the high prestige of the Office and the coufidence all Chinese had in the office, thy landlord made the concessions and went away, It seemed to him that st would rather hinder than help the qllice | if this evidence were given.

The Crown Solicitor said it was the considered opinion of the 5.0.A. that disclosure of the facts in this one instance would not do any harm, but that th offfects of the department might be called upon at any mont to give evidence which would be harmful to too work of the Department

After citing authorities on the point the Crown Solicitor, said that after the statement which had been made by the Head of a Department the Court should zot, and, wish all respect, could not go be hind his opinion and order disclosure. This was based on a series of casex which he referred His Honour,

Mr. Macnaraara said that none of the eas cited by the Crown Solicitor went

Ao far as the case before the Court. In

Lack of time precludes Dr. Tagore fecin lecturing in Hongkong during his brief visit. The University Authorities ass, however, trying to arcange for this eminent poet and philosopher to lecture here when he returns from Peking.

THE STAR FERRY.

İMPROVED TRAFFIC ACCOM-

well.

B. LUZ. v. 8. C. KWOK,

Championship of the Colony was played The above match in the Open Billiards last night when R. Luz defeated S. C Awok by 8 points in a game of 1,000 up. The highest breaks were:-. Luz: 21, 34, Kwok: 24, 50, #3, 44, 73, 31, 21. 26. 30, 31, 20, 29, 20.

100

+

A FORCE FOR PRACTICAL USE. At the conclusion of the inspection, the force was brought together in open square INTERPRETER IN TROUBLE. formation and Sir John Fowler, address-

BAIL FIXED AT $1,500. ing the parade, said: "On parade this evening the total number present is 227 out of 273 in the Colony. The attend-

Chain Ping-chu, a Sanitary Department anee in all units is good and in some ver, Hamilton at the Magistracy resterday interpreter. was charged before Mr. E. good. The turn-out, is very good and with receiving and converting to his own.

movements Parade

have been executed. I wish again to lay emphasis. use various sums of money amounting to as I did inst year; on the fact that this Volunteer Force is for practical use. It appears that it was the interpreter's The Military Garrison is small and the duty to go round with the Sanitary In more it is cugmented by local forces the spectors to bouses where the require- greater is the security of the residents meats of the Public Health Ordinance of this Colony, and I hope the residents were explained to the tenants in

respect appreciate what you are doing for their of the number of cubicles allowed in each security. The desire to take a band and flat. On one occasion it is alleged the do their share is not universal among the accused interviewed a tenant privately, eligible men of the Colony. This makes and told them he would "As it right for tall the more creditable to you who them" if they would adhere to a plan have done so. At the same time it is he was to submit to them. He did not. no use getting men who do not intend. do so," but he did acccpt, it is stated, to be keen in training. I know there are certain sums from the tenant. When this To cope with the ever increasing traffic some who excuse themselves on the plea tenant was fined later for not complying between ilongkong and Kowloon via the that they will join up when an emergency with an order for removal of a super Star ferry, work has been commenced entrance men who have not studied local and demanded his money back. The arises and they see the need of it. Un-fluous cubicle, he went to the accused conditions are not so useful as mon who accused, it is alleged, made out a pro- have, and were it not for the trained missory note for the aurcunt, plus the A report nucleas which you provide they would be amount of the tenant's fine. little use for some time and time is what was made to the Sanitary Department is seldom given in an emergency. The and accused was arrested. War Office takes an interest in the Corps the Director of Military Operations ask and I recently bad a personal letter from ing why the Volunteer Defence Corps at Hongkong had not more members. The Government of the Colony provides your requirements and the Garrison do their best to nasist in making training prae- tical and interesting.

MODATION

A REVIEW.

His Worship said the allegations were that hail forss than $1,500 was out of grave, and in temanding the case added the question... Bail was

accordingly fixed

Sgure,

at this

BEGGARS IN KOWLOON. SUNDAY RUSH BUSINESS.

the Kowloon Star Ferry Wharf, which has as its object increased wharf accom- modation for first-class passengers. The improvements' mean that certain struc- tural alterations have to be made. The present Brst-class accommodation is not nearly suflicient for the traffic during the rush hours. The Company now propose this case, said Mr. Macnamara. it to utilise the space on the other side of conies to this: Mr. Nihill very candidly the first-class passengers. gangway, stated-and I thank him for his admission directly opposite the present first-class that the Secretary for Chinese Affairs booking olive. This space is not utilised did not object to giving the particular at present for any special purpose, and

Compared with last year the total evidence, but he claimed, as a general when the alterations are completed the strength is practically the same but dur privilege, exemption in all cases of which new area will be able to hold at leasting last year a good many "inefficients **

"only one. But in order to be double the number of waiting passengers successful in his opposition he is bound which the present area holds. When the left the Corps and have been replaced e area is completed it is the intention by 40 recruits, which is all to the good. During the year useful training was done at the camp at Lo Wu. The Mounted Infantry" attendance was good and they is objectionable for all officers of the

have, by actual reconnaissance, a good knowledge of the geography of our Department to ever give evidence in a

Frontier. Some of them devoted over a public Court,” Mr. Macnamara submitted that this was not good ground for his

week of their leave to this camp, which I am very glad to note. feature drama, “Trifling Womeu,” which

The lorry given Lordship excluding the evidence in this will be screened again, to tiny and to by Sir Paul Chater has enabled a useful particular case, It had been laid down

has alt the Machine Gun Section to be formed and Trifing Women se all previous cases that it was injurious qualities that combine to make a really the Officer Commanding the Mounted Kowloos, from all parts of the Colony, to divulge a particular fact, in public evidence. Each case had to be decided on big picture-superb acting, splendid stag- Tafantry has organised instructive small to beg from people going to church. Last The week he had received many complaints, is own merits.”

ing, export screening, and intensely tactical exercises for the unit.

bis

10 base it on the ground that it is objec 1iuable in the public interests to give of the Company to use the present area as evidence on a question of fact. The an enclosure for second-class passengers. Secretary for Chinese Affairs claims that

Still drawing record houses at the Coronet Theatre is Rex Ingram's great

morrow.

Four Chinese were charged with heg- Ring, before Mr. R. E. Lindsell at the Magistracy yesterday.

"According to police evidence they were scen to approach some people in Gran- ville Road last Sunday morning and ask for cumshaw,

Inspector Spear emphasised that beg. ging was becoming an intolerable nui- Bance in the neighbourhood, especially on Sundays when all the beggars of Hongkong, taking their women and child ren with them, appeared to go over to

His Lordship remarked that the objee-dramatic, story. The leading rules are Artillery Section have got their howitzers and the police even had a letter from the taken by distinguished screen players like but only a few. men. I hope recruits will Kowloon Residents' Association on the tion way to an officer of the Department Rainon Novarro, Barbara la Mara, Lewis come in. The Section did a good prae:- | subject. Unless something was dose the giving evidence.

Mr. Macnamara They are claiming Stone and Edward Connelly.

a exemption which will cover a number of people and not a particular set of facts, which is all that other cases have

The Crown Solicitor, in reply, said he ever golle on, It has never been allowed

was not asking for perpetual exemption the Head of a Department can claim for officers of the Department of the exemption from giving of evidence for S.C.A. The objection was to the dis the people in his department os the closure by an official of a confidence in ground that it is not deurable. "If this case as being destructive of the work people chose to go to the Secretary for of the Secretary for Chhese. Affairs in Chinese Affairs to make bargains why hot that it would undermine the confulence have those bargaing enforced? I say that of Chinese in the Department. Every the 5.0.A. is going too far. He is trying thing which took place with Mr. Nibit to exclude the evidence of any officer

came to him in his official capacity and of his Department from now to the end he could not be naked to disclose it. of time on the ground that it would be

His Lordship, at the close of the argu- divulging a confidence, and that the ments for the admission and non-admis Chinese would not like it. I submit it sion of the ovidence," said: It is a ques is wrong in law and it is not supported. tion of considerable importanco and there What we want is to prove a fact that fore. I must give a considered judgment took place between the opposing parties on the matter."

tice shoot on the artillery range. By police could not keep order." winning the musketry cop they did n The beggars were discharged, his Wor very good performance. The Royal En- ship remarking that they had been locked gineer Company is a very useful unit and up all-night. its use wil be further increased by the addition of wireless, despatch riding and field company work. Their numbers hive largely increased since last year and at the Defence Corps, and are ready to he tendance at instruction in this unit has called upon if required. I appreciate been particularly good. The Machine very much the attendance of the Corp's Gun Platoon have shot well both at field medical officers on this inspection parade firing and on the range. This is a most

DIFFICULTIES. important anit, a few well-trained men

Training, as we all know, is carried being able, in favourable position, to

out under considerable difficulties and secure big results. The Infantry platoons drawbacks is this climate and country have rather deeroaned their strength, and I appreciate the efforts of those On- partly owing to transfers to other units.cers and N.C.O's. who have devoted time The shooting at field firing and on the and trouble to the training of their units. range has been good and at Camp the Speaking generally, I think the general attendance fair. The Pipe Band is average of training in the Corps good, most desirable branch of this Corps and but you are much hampered in progres they have done most excellent service in sive training by those who fall far below taruing out for your benefit at parades, the average and keep the others back.

This concluded the inspection and the Force marched past His Excellency at the Saluting base on their way back to Volunteer Headquarters.

at the $.C.A.--not what they said to the The point was then left in abeyance and H.C.A. or his representative" He mubthe solicitors proceeded to agree on other route marches and other occasions. I mitted that the evidence should be ad-points in this case, which was later adam glad to see so many reserve Com anitted.

journed sine-die, pending his Lordship's pany men who keep up their interest in (Continued at foot of next column. I decision on the point raised.

(Continued at foot of next column.)

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