1933-11-18 — Page 6

Summit

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HONG KONG DAILY PRESS, SATURDAY, NOVEMBER 18, 1933.

ECHOES OF 1859

51-Sequel To A Libel Action

(Continued)

A

of National Jurisprudence. thought struck us that this wor thy citizen might have pecuniary intentions in view, because he had stated during one of his lucid. intervals in

morning, that'

Mr. Bernardino Fernandes of Macao, having, sworn an affidavit on which a rule nisi was moved against the Daily Press for libel, an article on his

the activities in Macao Was published in this paper on June 17, 1859. The first portion of it, was reprinted yes- terday. Below is the continua- tion:-

"

"Our fat friend Chico de Silva procuring the loan of these two documents, went gudding about the city on Sunday morning with them, like a hen with one chic- ken, only instead of cackling, be laughed. We sadly fear that he must have entirely neglected his devotions, a circumstance which would appear to have struck him later in the day, for he lent the documents to a friend for half ал hour, whilst we suppose, ho went to confession. At this stage of the business the matter came to our knowledge. As Chico is the employee of Chun Ahoy, it was very clear that he had entire control over these documents, and consequently attack in due

form was made on Chico for the loan of them In this we regret to state we signally failed. Chico admitted that he had such docu- ments, and that the. farewell address required a Philadelphia lawyer and an Irish jury to re- cancile them to Bernardino's amdavit—but Chico did not know from whom he had obtained the papers, and could" not tell to whom he had returned thein. but it was to a Chinaman who kept a shop. Chico's love of truth and Justice was appealed to, but he was proof against the appeal. He said: "English law not the same Macao law-you English law nothing to do long me" and then he would laugh at this effusion

|

Bernardino would give 85,000 for the papers. However, be that as it may, we could not get them, and when Chico's "amor patrise" was evoked, we regret to say that he commenced abusing his coun- trymen in a style that would have done credit to Bellico Nebu- leus. What they have been doing him, or he to them, Lord. knows. He lives in A house as long as a street all along by him- self, but this is clearly his own fault, for he said he could get married whenever he pleased,

ta

We cannot think' that the law which admits of a criminal in- formation for libel being filed by

Judge is applicable in a case of this kind. If the Portuguese of Macao were as debased as our fat friend Chico, or our contem- poräry, or Bernardino appears to consider them to be. it would be.. next to impossibility to procure evidence at all. Therefore in that event, the Queen's name would be used for the suppression of evidence, and the perpetration of justice. If the matter were allowed to go before a Magistrate, the prosecutor would have to appear in a box-partles could be compelled to attend as witnesses, and evidence would be elicited. In point of fact, the rules applied for, places Hongkong at the pro- secutor's disposal and shuts out the defendant from Macao, where alone the evidence is to be had In a suit of "nise prius" 'this 'could not happen, because A commission would be appointed to take evidence in · Macao-a proceeding which we imagine the Crown cannot very well resort to.

YOUR VIEWS AND MINE I

A Weekly Column of Local Gossip

By

'The Scout

TỤC H AND STREET SLEEPERS

Not very much has been written about the efforts of those who are working towards providing shelter to some of our street sleepers dur- ing the coming winter. As a mat- ter of fact, a great deal of spade

work has been done, thanks to the

|

ment will meet the question, or what solution of the problem will

MAIL NEWS FROM CHINA

Hangchow-Kiangshan Railway Opening

Hangchow, November 11. "Trame on the entire length of the Hangchiow-Kiangshan Rail- way will be formally inaugurated next month, it is announced.

According to Information from the Administration. the total amount expanded in the сод- struction of the Line will be about

$14,000,000. The section which is

at

already completed is present earning about $120,000 monthly. showing a net profit of $40,000. The entire line, which extends from Hangchow to Klangahan, near the Chekiang-Kiangsi bord- er. will be completed by the end of this month.

The construction of this Rall- way was initiated by Mr. Chang Ching-kiang, former Chairman of the Chekiang Provincial Govern- ment and at present Chairman of the National Reconstruction Com- mission, as early as the 18th Year of the Republic (1929). The En- gineering Bureau of the Admini- stration was established in June of the same year, with Mr. Tu Chen-yuan, the present Manag- ing-Director, as head of the Bur- eau-Kuo Min.

•

Nanking. November 8. In commemoration of the 18th anniversary of the Bolshevik Re- volution, M. Bogomoloff. Sovjet Ambassador to China, held a re- ception here yesterday. Govern- ment officials, foreign diplomatic officials as well representatives'| of the press were invited.. Among those present was President Wang Ching-wel, who is concurrently Acting Minister of Foreign Affairs. -Kuo Min.

་

Nanking, November 10. M. Raffaele Boscarelli, the new Itallan Minister to China, arrived here from Shanghai this morning. It is learnt that he will make formal calls on the leading Gov- ernment officials. The date for the formal presentation of his credentials will be fixed upon the return of President Lin Ben from Foochow Kuo Min.

*

Peiping. November 10.. It is learnt that the City Chamber of Commerce of Peiping. Tientsin, Shanghai and Hankow are organising a joint Trade Com- mission for the purpose of in- vestigating commercial conditions "abroad and to encourage foreign

Investments in the country,

It is understood that the scheme has the full endorsement of the Ministry of Industry. A formal. proposal regarding the organisa-. tion of the mission will shortly be submitted to the Executive Yuan for approval.-Kuo Min.

be evolved, now that interest has DIARY OF LOCAL

been roused.

ABERDEEN LAND' RESUMPTION

Among the anti-malarial works projected, readers may remember. that extended reference was 'made to the subject by various speakers on the occasion of the Budget De- bate in the Legislative Council on that reference, madé the

Indefatiguable work of the, or ganisers. There is still room for any energetic person who may like, to assist in this deserving October 12. In cause and the drive for volunteer ELE the Governor workers proceeds apace. During humorous remark which elicited the week, at a very pleasant fune- laughter from members of the tion, no fewer than nine members. Legislative assembly when he said: of the Toc H have volunteered "Even desirable their services and their organisa- have their disadvantages and I improvements tion, I understand, is prepared to understand that the malariologist do what it can for the street, feels that by the resumption of sleepers. The volunteers were this land he will be deprived of "roped-in" at a dinner at which one of the most productive larvae were present Bishop Hall, Mr. T. collecting grounds." J. A Hamilton, Mr. C. W. Kirk, Mr. H. G. Anderson of Chengt, and the following members of the T's Men's Club-Messrs. Peter Bin, J. D. Bush, 8. B. Tan, P. Wong, and Dr. F. 1. Cheung,

HONGKONG WATER

דיי:

of the low tying land between The site alluded to is the bulk Shonson Hill and Aberdeen now being used as Vegetable gardens."

EVENTS

TO-DAY

(November. 18).

(X Moon, 1st Day). Anniversaries and Holidays- King Haakon VII of Norway ac cepted the Crown, 1905

Bazaara-Sale of Work by Kow- Church Hall, Jordan Road, 3 p.m. loon Union Church Women's Quild,

Theatres.

King's Cleaning Up." Queen's: Night After. Night." Central:-"Topaze."

Oriental:"The Spider." World:-"Fast Workers." Majestic:-"The Big Case." Star:The Run-around."

Dances.

Dinner Dance," Repulse Bay I have heard that the Chinese Hotel; Royal Engineers Warrant owners of agricultural

land Officers'

Mest

and Sergeants'

I

Principal Malis,

Sports Cricket.--First Division, Indian R.Cv Navy (L); Second Division, Royal Navy v. Indian R.C. (LL).

Football. First Division, Kow- loon v. Club; Borderers Boy Artillery, Chinese, Athletic v. Re- creio; South China v. Polios; Second Division, Navy Chinese Athletic; South China

are petitioning the Government Dance, Garrison Lecture Hall, 8.30 1 against the projected wholesale p.m. The "Daily Press on Tuesday resumption. While sympathy will morning published an account of be felt for the farmers of Aber- Outward Air Mail for Europe by the "moan" by the public against deen, it can be taken for granted Comorin 9 a.m.; steamer 10.30 a.m.; what they considered excessive wa-

that Government would deal with for Americs by Tantalus 10 wan. ; ter charges end in the same issue, such land owners in a fair and for America and Europe - svin the Government's side of the ques reasonable manner when such re-

Siberia by General Lee op.mfor tion was published. The suspicion of sumption is for a public purpose.

Europe via Siberia `by Andre" £s-"] consumers that the meters were

PRECEDENT IN. N.T.

bon, 5 pm. not registering properly were allayed by the assurance from the "Undeniably the resumption of Waterworks Executive Engineer malarial infected area is of the that every meter was tested before first importance even though it being installed and that any meter may not be pleasing to the owners which the consumer challenged ) of land. Similar objections were could be tested again. The Gov-made in the past when extensive ernment's explanation seems to land resumptions had to be made point to the fact that considerably in the New Territories in connec- more water is used than is neces tion with the water-works scheme. sary in certain Chinese quarters! For example there was the re-

Borderers; V: Royal Artillery and that the big bills will tend to sumption at Shekwaiput where the

Young Indiana; Kowloon Introduce much-needed economy Chinese farmers were opposed to Lincolns; Third Division,

water. There is no doubt, it until Government presented

R.A.B.C. T. South China; Lincolns about the fact that in certain compensatory scheme which was v Borderers; Radio v. R.AM.C. Chinese "households a tremendous | entirely satisfactory the farm-

Hockey.Mamak Tournament, quantity of water is allowed to runers and worked to their advantage. German Club v. Royal Engineers; waste and while it is true that The scheme, it will be recalled, Friendly match, H.M.8. Medway v. the free allowance appears some was partly in the nature of Incogniton," (Causeway Bay). what small in certain' cases, it has monetary compensation" and part-

Rugby Army y. Hongkong to be remembered that overcrowd-ly reprovisioning the farmers in Rugby Club (Sookupso) ing tends to reduce the free allow houses in the Shatin district. Sub-RacingThirteenth Extra Race ance per head. No one could hope soquently the resumption of Boy Meeting (Happy Valley), 2 p.m. for a free water supply in a place eral villages in connection with Yachting - Boys Hongkong like. Hongkong where the need for the Shing Mur extension scheme, Yacht Club First Championship economy is so great at the present farmers raised similar objections Race (Racing Yachts) moment and it is idle to suggest at the time I have it on the that it should be free, It will be authority of a resident who was interesting to see how the Covert,

Fa khi kukameend on Papa tahun *

v.

v.

v.

Sunrise,637 am Sunset.-5.000 Tides. High at 10,22 and 21.13 Low at 9.35° and 14.50.7

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WINTER ANNOUNCEMENT

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