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The Hongkong Celegraph
HONGKONG, MONDAY, JANUARY 4, 1904.
THE OUTLOOK.
It is now certain, from the latest telegrams and exchanges received from the North, that
her determination, come what may, of now war is almost inevitable. Japan has proved
driving Russia into some definite agreement as to the future of Manchuria and Korea; and such an agreement as will mean a general outbreak of hostilities in event of it being broken. Judging from its past action it is hardly likely that the Russian Government will accept the conditions proposed by Japan, which, on reliable aithority, are said to be that the whole of Chinese territory now occu- Sportsmen will find this a first-rate remedypied by the troops of the Czar will be thrown for Sprains and Bruises. In cases of open to foreign trade under conditions that imply a recognition of sovereignty of the Rheumatism, Chest Affections, and Government at Peking; and that Russia pains in the limbs its application has must abandon all attemps to include Korea a most soothing and comforting effect. in her sphere of influence. It has already
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been rumoured that a definite refusal to
comply with these demands has been for warded by the Muscovite authorities to Tokio and if this is so Russia must fight When it does come the struggle will take place in and
off the coast of the Korean Empire since it may be taken for granted that the Great Northern Power would not even contemplate an expedition to Japan; for, in addition to the possession of a powerful fleet and an army capable of rapid mobilisation to the .A. S. WATSON & CO., strength of 400,000 men, this courtry bas
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lately completed an elaborate and connected system of coast-defence fortifications. In all probability the first move will be made by the Japanese Government, who will throw troops into Korea, declare a protectorate over the peninsula, destroy the Russian works at Yong-am-pho and the emissaries of that nation from Korean territory. This
-
LOCAL AND GENERAL.
THE English mail of the 5th December was, delivered in London on the and Irist.
The fort portion of an interesting article on the China Currency is priced on the thig page.
We are requested to announce that Mrs. May will be "At Home" on the first and third Thors- days of every month.
WANT of space obliges us to hold over lill to norrow the account of the dance given by the Masonic Quadrille Club last Saturday evening.
THE French, Senate has passed a bill approv ing of the Commercial Conventions with Great Britain regarding Ceylan, Seychelles, British East Africa and India.
A GAZETTE Extraordinary notifies that HI, M. the King has been pleased to appoint Lord Lamington, Governor of Bombay, to be a Knight Grand Commander of the Indian. Empire..
1
THE Hon. Treasurer of the Alice Memorial ad Nethersole Hospitals begs to acknoÿledge with thanks the following donation, to the funds of the Hospitals:--
Ginseng Guild..............
Tue value of gold imported into pan from the 1st January last untie tabuli, ansouzzettoTM 24,95,000 ven. The value of the precious metal exported was 17,067,000 yen. A con-
s'derable proportion of the imports consist of the money raised by loan in England.
Tu Lonton Chamber of Commerce b-s started classes in Chinese, under Mr. R. W. Hurt, Inte British Consul at Fonchow. The
classes have been specially arranged with the object of promoting a study of Chinese for those engaged in a commercial carcer.
THERE was a fiasco at Governor Blake's first levec at Colombo on 14th skimo. The hour fixed was noon and at 12-15 the levee was over having commenced before twelve. Large numbers of the principal residents arriving, as usual, somewhat late, found all over. Later on
Sir John Keane sent a message requesting late
arrivals to leave cards which he said would be regarded as equivalent to having been present.
THE Chinese Government is stated to have appropriated 200,000 taels with the object of sending abroad, thirty-five of the Peking University students in onder that they may complete their studies. Twenty-seven of the students are coming to Japan by the Nagita
and the remaining eight are being distributed to Great Britain, the United States, Rússia, and France.
[as uwment would most likely be preceded, which leaves China on the 31st. instant,
by a fleet action, that is, if one can judge by the enterprising and agressive tactics adopted by the Japanese naval officers in the war with China.
CO.,
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THE SUGAR INDUSTRY.
In a recent speech at Newport during his fiscal campaign Mr. Joseph Chamberlain said: This country and the Colonies have been for 30 years sufferers by the abominable bounty systent in the case of sugar. The result of these bounties and of the treatment received by us has been that our West Indian Colonies have been nearly ruined, one of the greatest and most promising industries of this country, the industry of sugar refining, FURNITURE has been practically strangled. For 30 years statesmen, Liberal as well as Conservative, DEALERS. have protested against this state of things, and we have made representations to other. countries. We have tried to impress them with the fact that it was not in their interest; we have tried to tell that it was not fair to
DRAWING-ROOM,
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DINING-ROOM,
and BED-ROOM
ELECTRO-PLATED,
GLASS, and
FURNITURE.
CHINA WARES.
PASTEUR'S MICROBE-PROOF
FILTERS,
ROCHESTER LAMPS,
WHITE TURKISH TOWELS.
COUNTERPANES.
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PHOTOGRAPHIC DEPARTMENT. DEVELOPING and PRINTING
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GOOD WORK,
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Hongkong, 29th August, 1903,
CARCHAEL
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A TRAVELLER just returned from a tour in Manchuria says the Russian troops are busy în the work of preparing for the coming winter, Troops formerly quartered under tents or in temporary barracks are now occupying the Chinese Government offices at the houses of rich families. In consequence there is a great deal of friction between the Chinese and Russian troops, and the dislike of the Ressians seems to be spreading rapidly among the Chinese populace.
It is reported that seven Japanese steamers from Moji are now discharging Japan coal at
Port Arthur. The coal carried by these
steamers from Moji since the rst instant amounts to about 14,000 tons, and six more steamers are now loading at Moji for the Russian port.. Russia has purchased 10,000 tons of Welsh coal, which is expected to arrive
at Port Arthur shortly. A few days ago 50,000 endeavours are being made to ship it in steamers from Kobe.
tons of coal were sold at Karatsu, and
|
THE following note is from the Japan Mail:— We take this startling paragmph from the. Vancouver News Advertiser The Hydo- graphic Office at Washington has given notice of the discovery of a great danger to navigation
in the pacific. This consists of a rock about 40 to 50 feet high and five to six times as long, east and west, in latitude 32.44 north, longitude 139.4 east." It is impossible to avoid the conclusion that some misprint has vitiated the above figures. The position given is roughly half-way between San Francisco and Henblulu in á direct line, and practically in the path of all ships at all seasons. Is it credible that danger of such a character could be un- discovered till now?
MR. McMahon was deputed in the early part
of July to crect a special line between Darjiling
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"LAND COURT. APPEAL, CASES,
DECISIONS REVERED."
Sitting in Appellate Jurisdiction at the Supreme Court" in-day, the Chief Justice (Sir A. M. Goodman), and the Puisne Judge (Mr. 4. G. Wise), heard an appeal of the Crows gainst decisions of the Land Court in the case of Lam Tseung Fuk and Lim Tak Luk, who claimed a tract of foreshore and seabed extend ing from the old boundary of British Kowloon for a distance of niles in front of Kowloon Cuty and the village Chinwan, and in the case of To Lap Fen, who claimed 621 wow of land, extending from Ma Tau Kok to Lyen un for about 2 miles the first case, the Land Court bad allowed the claim for an area of 40.59 acres, and bad allowed the whole of Ho Lap Pan's claim.
The first case 'aken was the Crown 2. Ho Lap l'ez.
The Attorney General (the Hon, Sir H. S. Berkeley), with whom was M. E. H. Sharp, K-C, instructed by Mr. F. B. 1. Bowley (Messrs. Denny and Bowley), Crown Solicitor, appeared on behalf of the Crown, and the respondent was n'u·legally represented,
¿
GREETINGS. Before commencing the business the Autor- any General wished their Lordships a happy New Year,
1:1
The Chef Justice The Court reciprocate it and wish the Barthe same."
FISHING RIGHTS ONLY.
•
In opening the case, Mr. Shaip said it was an appeal froin a judgment, pronounced by the Land Court in December, 1991, allowing the
of a large tract of seashore alleged by him respondent's claim to the absolute ownership
to have been acquired under a grant from the Chinese Government ten years before, in 1891. The Kowlon Extension Agreement, under which the New Territory was acquired, provided, amongst other things, that there should be no expropriation by the inhabitants. Pursuant to that provision the Land Court was
established to inquire into the rights of the inhabitants at the date of the cession, and section 15 of the Land Court Ordinance, 1900, provides that all land in the New Territory sha I be the property of the Crown. Therefore, as between the Crown and the respondent, the Crown was clearly entitled to all rights in the land to which Ho Lap Pun did not establish- his title.
The Chief Justice-And the Crown prac tically steps into the shots of the Chinese Government.
Mr. Sharp-Undoubtedly, The Chief Justice :- And the only modifica, tions are those created by the statute.
present casc
sta-bed, and land of that character: Such fand? great value as soon as the land was taken could not be owned absolutely by a subject ; ; ovan.". The templation must have been very licenses under which rout; and not land tax-rest, to many ingenious pa.soos to make therefore, the licenses we e not registered in every sort of claim they possibly could the Land Registry—was paid were issued in in order to increase the value of their, respeci, of Government waste land. Thuss fishing right, and in the licenses were of two classes, viz :-licenses to what was not thought worth paying $5 reclaim and licenses to obtain some specific a year
for Was afterwards considered profit from the land, the latter conferring no worth $50,000 as compensation. To get that sum right to reclaim, licenses for which required on payment of back tent simounting to $30 icensees to erect a sen-wall, if it was to reclaim would certainly be a scheme presenting enor foreshore, within three years, and to complete mous attractions. His. Lordship placed no and revister as reclamation within six years. faith in the covering letter said to have been in other words, the licensee had to use his sent by the San On magistrate, or in the plan license; if not the land was taken away from of the land in question but said he could per- him. And it was also important to observe fectly well understand that the Land Court, that licenses to reclaim wers, until the year having such an enormous number of claims 1886, in the gift of the district magistrate, when before it, did not feel bound to requio such ab- the Sha-tin-kuk-a board having the control | solute proofs of everything as would have been ni reclamation licenses-was established and required if the case had been brought to the lasted for ten years; after which another Supreme Court, At the same time, he could not board was establ shed. As to the second help thinking, the Land Court gave undue weight class of Icense, the commonest form was to those documents. Under the circumstances for fishing purposes and was usually revo, the question was whether the decision of the cable at the will of the district magistrate, Land Court was correct or not. He was bound or any superior official. The Crown had to say he had some sympathy with the difficul- collected a strong body of evidence to show ties of the learned gentlemen who presided in that a license to fish within a certain area did that Court, und who had not the same advan- nol confer absolute ownership of ti c.land. Attages-the learned exposition of the law of the Land Couft' claimant supported his con- China with reference to passages- they had tention by a certain amount of oral evidence before them that day. He was inclined to and documents, the first of which amounted to think that the Land Court trusted a little too nothing. Claimant said he knew nothing much to the good faith of the applicant in the about the matter, beyond that he received the case; but he did not wish to say more than he documents, on which he based his claim, from | could about the question of good faith. In his his father, two years ago. The next witness, pinion the person who prepared the docu. Dr, Ho Kai, carried the matter no further, | ments and paid the six years' back rent acted beyond identifying the documents, while in a way which he could not consider at all: olber witnesses, belonging to the bona fide. It seemed to him the Land Court locality, identified the boundaries men had been imposed upon by n document which two
tioned in the license. The two re. was probably a forgery-certainly a document maining witnesses, Messrs. Denison and Dan which had no operative force and, in his by, carried the case no further, only proving opinion, the proper judgment should have been instructions to survey in the matter. The sole that certain fishing rights had been glanted inquiry before the Land Court ap. cared to have over a certain area the exact amount not been as to the boundaries and not as to the being clearly stated to the claimant ; that the nature of the claimant's rights within the bound- | value estimated by claimant and the Chinese aries. With all due respect to the Land Court, Government, of the rights, when they were that point scened to have escaped their atten granted, was $; a year; that it appeared' tion. The case, clearly and entirely, depended to the Court be made no use whatever of upon documents, the first of which was the certhose rights and that they were revocable tificate of the San On magistrate, dated 27th rights. It seemed to him monstrous that November, 1897, that the land, or fishing upon a claim of $5 a year for fishing rights license, hail heen granted.
a man should have the audacity to go before the Court and ask to be awarded $50,000 for such a claim. e was not saying that if he had the freehold of the land and the land, had gone up considerably in value he would not have been entitled to get the un- earned increment, but in the present case claimant did not appear to have had any such title, and all he could ask compensation for was for taking away-stopping-his fishing right, which was originally worth 55 a year. There had been no evidence to show it was ever worth more than that to him. Therefore, the decision of the Land Court must be reversed, the proper decision being that the claim was a fishing right and no.hing else.
The Puisne judge:-I agree.
The Puisne Judge :-In the petition he says it is a fit place in which to fish and put up a | dock.
Mr. Sharp' They are not likely to give him any more than he asks for.
The Chief Justice What he applies for is a fishing ground.
Continuing, Mr. Sharp said there was also the proclamation, bearing the same date as the certificate, which was posted up at the Yamen announcing the granting of the license. Then there was the covering letter from the San On magistrate, which the Crown contended was a forgery.
The Chief Justice-Who is this Ho Lap Pun ?
OTHER CLAIMS."
Mr. Sharp :-Undoubtedly, and therefore, the question before the Land Court was what were Ho Lap Pun's rights at the date of the cession, It would be as well to briefly review the history On the 27th November, 1901, the of the case. San On magistrate granted to the claimant certain rights. There was no question about that. The Crown maintained that those rights amounted to what we might call Mr. Sharp It is said he is a fisherman; mere fishing license over a bel of seashore but I understand he has spent his life as a
In the afternoon the Court heard the appeal at Ma Tau Kok. No area was specified in company promoter in Hongkong. His father against the decision of the Land Court, dated the grant or any document bearing that date. made a good deal of money here as a gentleman 7th December, 1901, respecting the claims of A yearly rental of $5 was to be paid in respect at large, and was not a fisherman or farmer, or
Lam Tseung Fuk and Lam Tak Fuk, and from of the rights, and appears to have been paid anything of the kind. Proceeding, he pointed the statement of the Attorney General it ap up to the date of the cession. In November, out that the respondent had been aware, for 1901, Ho Lap Pun, on the strength of the several months, that the Crown disputed it and peared that the value of one claim was $25,000, license, claimed the absolute ownership of 60s, he took no steps in the matter. The document and of the other $10,000. The fishing rights odd mure of land, or 125 acres, extending along was totally inconsistent with the admitted were originally purchased by the claimants for $roo, and they now claimed.$480,000 compen- more than two miles of foreshore in the neigh license and proclamation. Then again, insation. The case was almost similar in cha bourhood of Lyemun. This claim was allowed 1891, the San On magistrate had no jurisdiction racter to the previous one, and their Lordships by the Land Court. Subséquent to the to grant a reclamation license, and even if he license, the Government decided, under section had, and the letter was genuine any reclama 14, of the Land Court Ordinance, not to grant tion right given in the document would have ‘a title, but to refer the matter for compensation, lapsed by non wer. According to the judg The Crown had not been represented at the ment of the Land Court, on 27th November, hearing before the Land Court and now, for 1891, the claim.was allowed, as on considera. the first time, comes into the case.
The Attion of exhibits C. F. and H. it seemed clear corney General, upon examining the evi- the concession included land above sea level dence upon which the Land Court as well as land covered by water. Exhibit C proceeded, concluded
was the fishing license-the original grant; E. justify the judgment At this time the the forged letter, and H. a copy of a plan of Crown had no right of appeal, but in August of last year an amending Ordinance was passed giving the Crown that right, and the Attorney General obtained leave to appeal. In order to ascertain what the respondent's rights, with regard to the land were at the date of the cession of the New Territory, it is necessary to inquire into the Chinese law bearing on the case, which is very fully set out in the affidavits.
that
it did not
The Chief Justice What I understand about the case so far is. this: That, owing to the representation made to the Land Court instead of deciding this than had a revocable fishing license, for which he paid $5 a year; instead of that he has now claimed that the whole foreshore belongs to him as his own freehold
Ma Sharp →He claims the absolute owner- ship in this area
The Chief Justice —lle makes out he got from the Chinese Government as his absolute propedy, 125 acres at $5 a year; that being the whole of the foreshore, shutting of all access
to the country.
Hongkong. With regard to the latter, the San OD magistrate said it was a forgery, as copies were kept of everything issued from the Yamen, and in this case none could be found, while a copy of the plan was also missing.
The Chief Justice (addressing Ho Lap Pun): Did you live for a long time at Kowloon, and can your livelihood by fishing and farming?
Respondent said he did not,
reversed the decision of the Land Court.
THE FLEET.
Three ships left the men-of-war anchorage this morning for Mirs Bay to cany out their quarterly practices before proceeding up Nonh; they were the Amphitrite, Taldet and Phenix, The Amphitrite is going to Welhaiwej and will probably then arrive in Japanese waters, returning to this port, it is anticipated, about the beginning of May. It is rumoured that the Talbot is on her way to Amoy and, as she is provisioned for a lengthy trip, she may be expected to be away some time. These ships, it seems, are not going to return to this port for a few days after finishing their exer cises at Mirs Bay as was at Arst supposed. It Has been said that the Centurion, which, ar- rived a few days ago from England, left before she had had her sights properly tested which if true, is regrettable in the extrems, for, though doubtless the gunnery staff on board has done it's best to render the sighting arrangements Respondent replied, through the interpreter, efficient, it is hardly fair on the crew to expect that in order to get a license from the Chinese them to compete with other ships who have Counsel, coutinning, said it was suggested however, necessary to send the Centurion out Government one had to go through a lot of form had their sights experimentally tried. It was,
that it was a case of moral hardship on the with despatch and it is to be hoped that her claimant, He maintained, however, that gunnery returns will in no way emphasize the
moral rights were AS -weak as deficiency.
The Chief Justice What is the meaning of the petition presented by one, Ho Lap Fun, stating he has long resided at Kowloon, and earned his livelihood by farming and fishing? That is false, is it?
his
us; we made representations of all kind; and for 30 years we failed. At the end of the 30 years we said, "Look here, we are getting tired of this, and if you do not step we will put a heavy duty upon your sugar' and the thing has gone. No tariff war-but this grossly unfair attack upon one of our prin- cipal industries has been stopped; and I believe we shall have the chance of seeing the West Indies once more prosperous, and we shall see this industry reviving through out United Kingdom. The above remarks apply equally to Hongkong as well as the West Indies, and there is no doubt that the sugar refining industries of Hongkong are at this very moment on the threshold of an era of prosperity such as they have never enjoyed before. Sugar refining should be one of the principal industries of this Colony, and now that it is unfettered by the unfair competitions of the beet product, hitherto bounty fed, there should be no reason why the refineries should not get good markets for their refined sugar, with a fair margin of profit. It would not be wise to predict, but it is possible that the next five years may see the sugar refining business in Colony largely augmented, The posi. cane sugningkong in relation to the finest places it at ancing country of the world
The case for the Crown having been explain any competing counts advantage over
finally reached a maximum height at Subebe i was only for cultivated land or land built upon
The Chief Justice, able to face fair competition, such bo
La where posts were placed at an altitude of that ah absolute ownership in the subject could reviewed the facts of the case, and observed made possible under the Sugar Convention, over 17 500 feet. The Iddian telegraph depart exist, and such land must be registered, or that when the cess på. the New Territory was without any fear as to the ultimate result for re thus not holds the World's record, as entered on the register and books of the Gov. effected by Treaty, in 1898, many ingenious the very important industry which finds em-wire has litude at which the telegraph ernment, and it was then the absolute property persons saw there was a magnificent field open ployment; for thousands of hands in the established, zied and a [355 Colony.pl
ph vation in perpetuity of the registered owner. Govern 10 them to make claims along the foreshore, 15,700 feet.
habout, meni vaste land, and that was the land in ques which was of very little value under the Chi of forta jote, sand bank, nese Government, lant which was of very the tropics in the Fet HE Beer to drink in the tropics is the Beer
"made. the tropic SAN MIGUEL,
17280 AND
AND
SHIPBUILDERS, SURVEYORS AND CONTRACTORS.
"REPAIRS PROMPTLY ATTENDED TO,
and Colonel Younghusband's camp at Khâmbo- jong, a distance of about 160 miles with a aum ber ofothces as route. The work was ela most arduous nature as it was done in heavy rains, through a very dense jungle.and in the face of extraordinary difficulties. The work was steadily carried on till eventually the wire was carried into Tibet in the early part of Septem- ber. Before reaching Khambajong the tele graph party suffered much in the Tibet in passes during the bad weather while the line
Mr. Sharp-Between 2 and 2 miles along foreshore.
The Puisne Judge-He produced a docu- meat which they say was good and you say is bad.
L
→
Mr. Sharp then proceeded to sketch, briefly, the law on the matter, pointing out that it ap. peared from the affidavits, thatall land originally belonged to the Emperor, and that all land in Chinamight be considered as divi 'ed under tw heads (1) Cultivated land, or land built upon,
his legal rights. The claim was supported by a forged letter and a mistranslation of the lease on which he stood. Small sympathy could be extended to a claim of that: character. He asked their Lordships to say that claimant ħeld only a mere license to fish, and that the alleged letter regarding reclamation rights had not eff.ct whate ez; also, that the decision of the Land Court be reversed and that, as between the Crown and respondent, absolute ownership belonged to the Crown the respondent holding only a fishing license from year to year revol cable at the will of the Government.
JUDGMENT.
SHIPPING AND MAILS.
MAILS DUE.
Canadian (Athenian) to-morrow. Indian (Arratoon Apcar) to morrow.. German (Sachsen) 8th inst. Indian (Laisang) roth.inst. American (China) toth inst. Canadian (Ĉixpress of India) 18th inst.:: American (Boric) 19th inst.
The Boston T. B. Co.'s s.s. Lyra from Tachme arrived at Manila en, ist inst.
The Boston T. B.. Co.'s s.s. Pleiades srind from Tacoma on and inst, for Japan ports and
TELEGRAMS: “CARMICHAEL," Hongkong, reined product at a price whining out the was being erected at very high altitudes. It and (1) Government waste. It seemed that it cd to the respon in delivering judgment, Port Arthur,
B. & Code, 4th Edition, pr
Lieber's Standard Code.
ELEPONE, 237, 71007 HTHEM W ongkong, 10th March, 1903.
1 Boer to drink in the tropics is the Beor mide is the tropics-SAN MIGUEL
I made in
THE Best to drink in the tropics is the Beer
GUEL
PHE Beer to drink in the
made in the tropica--56 |
tion, consisted
müde
The N. Y. E... Tamba Mari (Euro) can Line) left Shanghai for this port to-day, and is expected to arrive here on 7th instruc
The Imperial German Mail 1 Sachach carrying the ferman Mails, with dates from Berlin of the 8th inst, left Singapore on Setup. day, at 5 pm, and may be expected here on 7th at noon.
THE Bear to drak in the tropics is the Beer
made in the tropica-SAN MIGUEL
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