Page
CORRESPONDENCE.
PUBLIC HEALTH.
(TO THE EDITOR UP THE " HONGKONG DAILY PRESS."}
SIR-1 trust you will allow an "ignor- ant villager" from the New Territory to air a few of his "prejudices" on the abore question. I bold no brief for the
THE HONGKONG DAILY PRESS, WEDNESDAY, SEPTEMBER 3RD, 1924
INTERESTING APPEAL CASE, ALLEGED WRONGFUL SER U.S. SUBJECT SENT TO GAOL.
SEQUEL OF THE PIRAOY OF `S.S.
**TAI LEE.”
APPEAL AGAINST FORFEITURE OF
PIRACY BOND. --
A very interesting case was opened in the Court of Appellate Jurisdiction yes- terday morning before their Honours the
VICE OF WRIT. APPEAL DISMISSED.
In the Court of Appellate Jurisdiction yesterday the appeal of Messrs. Cary and Co., of Canton against a decision of Mr. Justice Gompertz, which was heard on the previous day, was dismissed.
Mr. Justice Compertz said that he had
Judge, when the Sze Yap S.S. Company, Court below. He was satisfied that the
་་
WICKERSHAN TRIAL COMES TO
AN END.
FOUR MONTHS', HARD" LABOUR. The long drawn.out case which has one to be known as the "Wickershan
Trial" came to its conclusion yesterday afternoon at the Central Magistracy, when David Belknap Wickershan, an
Government and I hold no brief arin acting Chief Justice and the acting Puisne little to add to what be hai said in the American subject, of, 2, Tramway. 'Path.
the Government." I think the
recent
1
must be dismissed.
Mr Justice Dyer Ball concurred.
Company.
All the evidence having been disposed of at the last bearing, His Worship yes- terday listened to the addresses of Coun-
EUROPEAN LADY ROBBED.sel. SPEEDY CAPTURE OF YOUNG
was sent to prison with hard labour for legislation about baniboo scaffokling is Ltd., and Li Man Kai and Ng Kin Cho, appearance of Mr. Silva on behalf of the four months by Mr. I. E. Lindsell.
The charge against him" was one of **straining gt agnat anil swallowing nappental against the decision of Mr. C. firm was regular and not voil. It was
a Magistrate, possible, as Mr. Potter bad said that ublishing, or concurring in the publica- Camel," the "camel in this ease being Melbourne, sitting as represented by the many shallow lakes whereby he ordered on June 17th the, Sze Clause 4t of the Code applied but he ddtion of, a false statement is connection. which have been formed by the Goverà. † Yap Company to forfeit the sum of $5,000, not base his decision on that. The appeal with the American Asintic Commercial «ment or under "Clovernment orders in the gured by Bond, entered into by them with H... the King on the 10th June, neighbourhood of Yaumati, and which at
1923, for the observance of the Regulations a very small cost would be easily drained for the time being in force under the into existing bullahs On the other hand it is clear the public has no working be Piracy Prevention Ordinance of 1014. Lief in the value of keeping down mos- quitoes, I donht if more than one man in ten would go a yard out of his way to upset a tin of water and mosqinito larvae, but the other nine would be most happy to use the anopheles theory as a stick to beat the Clovernment with. See years uga l'spent a week on the Gimp Rock.. It was swarming with mosquitoes. Those most interested would not take the trouble
to attend to these matters.
Jacteriologieal control of the water supply
The appellants asked their Lordships to reverse and rescind this decision upon the. ground that it is an Ordinance that can- not be enforced outside the waters of the
Colony.
The Hon. Mr. E. G. Alabaster, K.C., and Mr. S. Fitzroy (instructed by Messrs d'Aladin and Remedios) represented the appellugts, and Mr. Eklön Potter, EC., was retained for the Crown, who are the respondents in the case.
'APPELA STS”» CONTENTION.
....
Mr. N. 1. Brewer, opening his speech for the defence, touched upon what he described as "the illegal character" of SCOUNDREL."
the search at Teamway Path. He allud The story of a robbery on shipboard,ed to the granting of the search warrant by the Magistrate on the information of in which a hand-bag containing 890 was the witness Lai.. One or two questions, snatched from a European lady, was told aid Mr. Brewer, would have shown that complainant, the other conspirators ap to Mr. R. E. Lindsell at the Central Lai was not defrauded, and was the only pearing later. The warrant, Mr. Brewer Magistracy, yesterday.
Miss A. H. Skinuer, a resident at the declared, was illegal. There was an ex- Helena May Institute, giving evidence, cuse for the police, who were merely obey- safu that when the sa. Kuongadi, oning orders, but what excuse was there for Lai Lai took active part in the which she was a passenger from Canton, search and advised the police in their arrived here carly on yesterday morning, selection of documents Everything like duced against him by the prosecution, the hour was unsuitable for. ber got to damage the accused had been pro shore so she lay in a chair on deck. Her and everything calculated to bo to his Continuing, Mr. Brewer likened Mr. hand bag was suddenly wrenched from advantage bad been suppressed.
Nihill's construction of a letter from the her grasp, and she saw a male figure appearing.
defendant to Mr. and Mrs. Shoffer, read out in Court at a previous bearing, to the ingenuity of Mr. Serjeant Buzfuz in
wns
apply where a piracy was impossible...
RESPONDENTS CASE
.
dis-
The
civil action.
Mr. J. H. B. Nihil, at the outset of his address for the proercution, submitted that a material false statement had been
Came од
« to cut out of All up the very obvious
The Hun. Mr. Alabaster, opening the breeding places formed by natural ponis on the rock. It is I think about twelve case for the appellants, described the months that a raid was made by case as an appeal against the case stated slicers of the Sanitary Board on mosby the Magistrate who found on three quito-breeding places, and many of the charges: (a) that certain officers on board offenders were among those whom I be the Tier did not carry a revolver fiove your correspondent would and 5 rounds of ammunition in "accord- class as leading citizens" rather than ance with the Regulations: (h) that a
Later, when she was at the Helena May ignorant villagers."
grill door leading from the deck to the The proposals recently brought before engine and boiler rooms was not locked Institute, she received a telephone mes the Legislative Council were in them at all material times; and (e) that the sage from female Chinese fellow pas
The Pickwick Papers," who gave a selves so vague that it is as easy to agree anti-piracy equipient on the vessel was enger on the Kwongai," saying that the
chops and tomato, sauce, as to disagree with them, but the discus not readily and easily available for im-ef been caught, with the bag and its damning significance to an innocent
contents intact. It appeared that he was allusion to
Next Counsel proceeded to impugn the sion and conument which followed has mediate use.
the son of a watchman on the ship.: cleared matters up somewhat. It appents
The delinquent's father told the Magis evidence of certain witnesses for the pro
"the 4 he thought desirable to change the
Mr. Alabaster contended that the Anti-trate that he was unable the keep the sccution, whom he alluded to as name and enlarge the membership of the Piracy Regulations were in vires tu lal under control, and remarking that conspirators." The Chinese who testified a young that defendant had shown them photo- Sanitary Board, and I see no great of the laws of the Colony. The Piracy Ordi-his own father said be jection or advantage in either, but it is not clear that this world in any way in ance related to acts and things done in scoundrel. His Worship passed sentence graphs in Hongkong in May, at which time, Mr. Brewer submitted, these were prove the laspection and control of food the Colony, whereas the alleged offences of three months' hard labour.
in Bangkok, were guilty of brazen per took place outside the waters of the or diminish the number of flies and mos Colony. The Ordinance stated that " No
jury. Finally. Counsel quoted several quitoes. It appears to he thought that
legal precedents, whereby he submitted Mr. Fitzroy argued the case on the that no criminal case lay against his the work of the Sanitary Board should be ship shall attempt to leave the waters of axtended the New Territory. If people tered into a hond.
the Colony unless the owners have en-
Section & of the point that a pirate is a person who satis-client. He could not, Mr. Brewer con- wish to live aut in the country, they should surely be expected to dispose of Ordinance stated that a hond should he es bis greed by robbery or murder in
entered into with two sureties approved pinet beyond the jurisdiction of any state. ended, even be held to he subject to a their own rubiak, sweep their own streets by the Captain Superintendent of Police Counsel quoted cases in support of that and kill their own mosquitoes. It seems the sins of 83,000; whilst section 17 view and said this definition naturally a most extravagant proposal that use of the Ordinance gate the Governor in meant robbery on the high sens tors should be sent round the outlying Council power to make Regulations in place where the attack in this case be made, and that the defendant had, either houses and villages in the New Territory relations Section 6.
pened was in a small river connecting Their Lordships would observe that this two portions of the Canton River. It was made it or concurred in it. Un the de- The water supply is then dat with bond was forced upon the owners because, occupied Chinese territory and it was fendant's own admission he had con- and it is proposed that the new Boarder Section 3 of the Ordinante, if they utterly impossible for a piracy to take curred in something which he realized should have complete analytical and refused to enter into it they were liable place there. An attack on a boat took was not actually true, Counsel' said he to imprisonment for one year and a fire place, but it was not piracy. He would did not wish at that time to argue the the warrant, but he read a legal autho "of the Colony," It has not been made of 8500. He therefore submitted that the submit that the "regulations could norilegality or otherwise of the search or
clear what this means. It may man that
to the construed very
rity which stated that the police, could Ordinance had the new Board should have its own
call on private persons to assist them analyst and bacteriologist and power to strictly as there was no question of a
Mr. Potter, in the course of his speech in cases where circumstances warranted stop the supply of any water which doeg voluntary engagement at all.
Mr. Alabaster contended that the Re-
Describing Mr. Shoffer's evidence us not come up to Bach standard of puritygulations were negatory and therefore for the respondents, argued that it
Colonial Legislature in its own territory as it deems necessary. If this is the roy
could not be enforced. In support of
was as powerful as the Home Govern poison gas to cloud the real issue which reet interpretation, there does not seem
this he referred to the Ordinance of last mucb wrong with it, but is not so easy
year in which the boundaries of the ment. It had been contended that the they had to try," Counsel asked His The latter's matter to put into practive. There
not been assented to by the Sovereign. Mr. Shoffer had said. no hard and fast line between graal water Colony were defined. A section of this regulation was ultra vires because it had Worship to disregard every word which But it was not to be forgotten that His statement that the report to the police. and bad water. Pokfulani is a doubtful Ordinance stated that the Colony, of supply, but if Pokfulam were scrapped Hongkong meant the whole of the arcu nur chronic state of water shortage World of land and water lying between the folinjesty had assented to the Ordinance about morphine had been made before lowing houndaries specified in the section. Which contained the section which gave Mr. Bohn's return from Bangkok, and only be accentuateil. The bistory of the
Comparing the Anti-Piracy Regulations the Executive Council the powers to make before a certain interview in the office. Hongkong waterworks shows us almost
with the Piracy Ordinance, Mr. Alabaster the Anti-Piracy Regulations so that how had been contradicted by the evidence of always behind the times, and this has not
The application for land had been not the King's assent he failed to see. always been the fault of the orials said they differed from the Ordinance they became ultra eirer because they had his own wife.
moaths before Rohn ever The original Tytam Reservoir was talked beanse they imposed Regulations on
people who were not within the boun- The Colonial Government was all power-made, said Mr. Nihill, one month or two af as a white elephant."
daries of the Colony, whereas the Ordiful in its own sphere.
«Quoting authority and cases, Counsel the scene at all. With regard to the The last point appears to be as to whether or no Cuiet shuull he head Dance clearly stated the words "within submitted that if it was the law that a whereabouts of the photographs in May,
the. Sanitary Department. What the the waters of the Colony."
After recapitulating the three Regula Colonial Government was entitled to pre- there was a clash between the evidence of **necessary special qualifications" for
tions which the owners were charged with vent an alien going out or confing into a witnesses for the Crown and witnesses such a past are is not tated, and I un aat prepared to guess. A man may be breaking. Mr. Alabaster pointed out that colony the Government was clearly en- for the defence, and Counsel submitted A definition Piracy Prevention Ordinance which pro the great credence. With regard to the to Mr. and 31TK. ry able ductor and a poor organiser, the alleged offences took place whilst the titled to pass an ordinance such as the that that of the former was deserving of
the danger zoDc. But it should not be forgotten that the ship was
Shoffer, it was written throughout with Aast public enquiry into the matter de- of danger zone was to be obtained from hibited ships making certain voyages, defendant's letter
Regulation 21 which defined the danger except under certain circumstance. cided that the Principal Civil Medical zone to be all the usual routes by water they so desired the Government could the intention of defrauding the share. Deer should out hold the post. On the other hand the constant changes you between Hongkong, Canton, West River prevent any ship using the port of Houg holders of the company.
parts, Macao, Kwong Chow Wan, Amoy, kong as a starting point for a voyage to Auention us your lending article must cerloihow; cte; always providing the-dan- any of the ports mentioned in the Piracy dainly be a great handicap to the working
absolutely prohibit they could also per-
Immediately Mr. "Brewer interposed on mit such voyages on certain terms. of any department. My views might be ger zone did not exceed 120 mulce from Prevention Ordinance. And if they could
a point of demurrer. The case, he sub- summed up by a well known saying "The the port of Hongkong-
The shipowners were told by the Gov mitted was one which could not be tried gods help those who help themselves" and by sume well known' lines:
The wharges stated that the appellants ernment: "If you want to trade with summarily. "For forms of Government Jet fonix committed the breaches of the Regula Macao you have got to enter into a civil
el and the Magistrate joined, ensurd: tions on January 21st the date when contract with us to do certain thinga" What'er is best administered is best." Captain Willcox was murdered by pir- Such a contract could be enforced in the and finally His Worship said that he -Yours [faithfully,
ates), at 12.18 a., at Wonguioen, a fact Colony and the only point the Court had was not prepared to give a decision on L. GIBBS. of which he hoped their Lordships would to decide was whether such bond was Mr Brewer's legal point without hearing inke judicial notice. According to a chart enforceable in this case. He submitted it argued. He would therefore suspend which he produced Wongmoon was right that it was enforceable. It was open to the sentence which he had been about to RICKSHAW AND CHAIR
in the centre of the Heangahan district, shipowners to make a contruct of this FARES.
Chinese Territory, and not avon on the sort with the Government without any high seas.. Wongmoon was clearly a place Ordinance at all [TO THE EDITOR OF THE "HONGKONG.
outside the Colony and, therefore, he con Counsel pointed out that the appellants DALLY PRESS."]
tended that the Legislature did not ap- had not argued that the Ordinance was 818-With the advent of the taxi-cabply, and still less had it the right to against the peace, order and good govern delegate that power to another body the meat of the Colony. He would therefore and the motor-bus, the unfortunate human Executive Council who framed the Re-show that such an ordinance was for the wings who have to pull rickshaws and gulations. Quoting from Dicey, r. peace, order and good government of the carry people in chairs in order to earn a Alabaster said it was clearly held there Colony. The Government could prohibit, living are finding the struggle for exist that no Colonial Legislature had the und in this case they had prohibited, ence much more dificult than it was power to legislate outside the territorial voyages except on certain terms
He went on to say that the Piracy Ordi few years ago; and if on top of this waters of the Colony.. diffoulty wo were to add the higher cost His first point would be that the Re-nance did not say that ships using the af living, then the lot of these poor. gulations set up by the Governor in Canton river or going to Haiphong were lows must indeed be a hard one. Council were ultra pirer to the law and committing an offence by not complying that, first of all, if purported to deal with The H... does not affect only the also that the Governor in Council had no with certain regulations but it did say rich and the middle class people, an even power to make such Regulations. our poor soolies have now to pay more He urged that the Legislature had no people within the Government' jur:adic- for their miserable accommodation and right to impose obligations outside the tion. Mr. Fitzroy had said that under their frugal fare of rice, salt fish and Colony and still less to delegate their Section 3 a shipowner living in New
powers to another body the Executive York could be held responsible for acta In the early hours of yesterday morning vegetables,
My object in writing this letter is to body which had no power to make recommitted in Hongkong Be did not on offer of the Chinese Army, who was appeal to the C.S.P. to revise immedi-gulations and thereby deprive the Crown agree. The Ordinance dealt with people with a male and female companion in a ately the present scandalously low scale of their special reserved rights of dis within the jurisdiction; it dealt only with club in Kennedy Town, placed his re- The other man picked the weapon up, of fares, as the time has certainly come allowance. This second point was that the owners, charterers or agents who were in volver on a table for greater comfort.
Man gan to examine it. The owner; to put a stop to the further sweating regulation unler which they were charged the Colony and came within territorial. of these poor creatures and I believe that was ultra vires because it had not received legislation. in-making this appeal I will have the Royal Assent, and his third point was The Government merely compelled ows realizing that it was being handled whole-hearted sympathy and support of that the regulations were repugnant to ers to enter into a bond which they were clumsily attempted to regalu it. A Counsel perfectly competent to enter into with friendly struggle follow, in the course of which the revolver went off, wounding every right-minded man and woman in the Merchant Shipping Acts.
quoted many cases in support of his con the Government purgatan this Colony,ente
Mr. Potter had not concluded his argu, the oficer's male friend in the leg, He is tentions.
ment when the Court rose for the day now in the Government Civil Hospit: L
contest
"
Enclosing my card. Yours truly,
"LET'S DO THE RIGHT THING."
OUTSIDE THE COLONY.
(Continued uczt Column.).
His Worship said that he found the charge brought against the defendant proved.
م.
A. legal discussion, in which bath Coun
record, and would hear Counsel's arga- ments next Tuesday afternoon.
Mr. Nihill said that he opposed bail. His Worship replied that he would not
Mr. Brewer then said that, by request deny bail, but would increase the amount
0 35,000. of his client, he would withdraw the legal oojection he had made, since he did not Accepting Mr. Brewer's withdrawal, the feel himself able to prove his point. Magistrate thereupon passed sentence of four months' hard labour.
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