1908-12-05 — Page 14

LEGISLATIVE COUNCIL

pawg

THE

HONGKONG TELE

Section 45xTbls section extends the power of imposing whipping in the case of youth under sixteen. LEE JONES

A meating of fling 1,melalative Council was held in the Council amber last Thurs. The object is to substituid whipping in cases day, Presente His Excellency the Gover other than those already authorised, and so nor, Sir Frederick Lugard, K.C.M.G, Hop, avoid imposing imprisonment where the agere Mr. F. 11. May, C.M.D., (Colonial Secretary), Section 5. Having regard to, section: So of

the youth renders it undesirable. Pyn NERE Hon. Mr. W. Ross Daviss (Attorney Hos, MAM, Thomson (Colonial Trane Magistrates, Ordinance, 1890, which emi Bong Mr. W. Chatham, C., (Director of powers a fine to be imposed in indictable Peblic Works), Hon. Mr. E. J. Badeley, (Cape cases it has been anggons het. Limitation tala Superintendent of Police), Hop. Mr. X. Alogy of the Stock Punishment Irving Registrar General), Hon. Dr. Ho Kal, Ordinance 1887 is ambigger This amenda H.By C.N.G., Hoo. Mr. Wei Yok, C.M.G., Hon, mont proposes the question beyond doubt and Bill repeals Mr W. J. Gresson, Hon. Mr. H. E. Pollock, a consequence section 11 of the K.C., Hon. Mr..E. A. Hawatt, Hon. Mr. H. A the last named Ordinance. W Slade, and

Mr. C. Clementi (Clerk of: Councils):

ADSENT: H.E. Major General R. G. Broadwood, C..

· TYPHOON SIGNALS.

and confirmed.

MINUTES,

PAPERS.

The Colonial Secretary, by command of the Governor, laid on the table the following paper

2. Correspundence regarding the constitution

of the Appeal Court,

FINANCE.

The Colonial Secretary laid on the table the report of the Finance Cominuten (No. 18).

'FINANCIAL 'MINUTES. ·

.in

PROTEST.

`faller evidenOS

EMBER

seach are

sent to you, tolkhe

#partial) of this comran" "be laid upon the

bis former view that

His

a

Section 7. Sub-section (D) tattooed exining Appeal Court must necessarily be a questions often makes points clearer that the 223, however, bend made for à Deputy Official ƒ be publishad in the Incal, Press: will'not' mase

Section

Secretary.

9.

It was considered by the Board of Trade that The Fire Insurance Companies Ordinance 1908 does not safeguard the rights of creditors or of soareholders in the company. Provision in therefore made that if the company or any. inember or creditor feels aggrieved by the ho Register, the company, member or creditor that they be referred to the Finance Commay apply to the Court and the Court, if it be satisfied that it is just so to do, may order the name of the company to be restored to the Register.

The Colonial Hecretary laid on the table.

100

the

His Honour

The Chief Justice.

con-

F. D. LUGARD, Governor, &c.

Chambers, Supreme Court

His Honour

The Chief Justice.

F. DA LUGA

IMPERIAL DECREES

(By Telegraph from Palang Specially - translated for the North-Ckii

Daily Nais,

Page November, 20, 1) For over forty years the latu Empyuse": Grand Dowager dropped the chitin and ad 'ministered the Government,(Här-Malástyle act of regency, is always described by the ex- pression Ch'oi Lian Ting Cheng Literally, To drop the curtain and administer the Goven- ment," as the Minister" eyes might not gate on her Majesty's face.) Her Majesty up-4 Jarmance of Her dute: in order to `plied' Hemelf with real to the toilsoms pare-

Our grief that fills Oar mind, the fascial obm quies of her late Majesty should be, alabotally ordered to re-arrange the obsequies and man report to Us thereon,

Third judgo can be tam, to dogIn this matter which you|||réply the wor

ingrant, instance, that the local altor blaring | Government "shows no consideration to the

find The following corresp

or in 'several "cases," Justice. dence reganting the thi, Chist fastico revered an ormer deck and fuch conclusion, and no posible grands constitution of the Appeal Court, was laid sion he did not know by His Excellency, the Governor, as Thursday (which on appeal ir festar algument, and farely is my duty to examine the comparative urgency

because We are all agreed that the appointment of before the Legislative Council by command off be precise mind,

in felle Information | Third Judge would be most desirable--bat it afternoon —

Chamban, Supreme Court,

A fuller evidence) which has maile the cam plainer of sumber of extremely desirable require-

thigh it was on the first heating when this

is laments in relation to the finances of the Colony Hongkong, asth September, 195

kok, Hongkong, Formation not fortbcoming Nor could and I have come to the conclusion so far as Sir, I have the honour to Sir,-1, have read the remarks which Your there be any Hinduando, to the effect that my personal view is concerned (the final deci

ceipt of your letter of November 4th inwal Section 6. This section provides safeguards Excellancy made in Council on Thursday last he has been Influenced by his Junior. The sign resting with the Secretary of State after per you inform me that my proposal to cause the interests of a person ordered to pay com on the subject of the third Judge with surprise Chief Justice is only primus inter parar." The using Your Honour's arguments, and the | tables pensation by a Magis rate for malicious pro and regret and I must enter a very respectful Full Court as at presont constituted enables the, to which you refer) that in the coming year the actual words used by me when addre secation or false testimony and it makes also bet emphatic protest agalout Your Excellency's Chief Justice to have the assistance of the Colony cannot afford a Third Judge! Provision Council me the subject of the Appeal Court provision for enforcing the order. best view as reported in the newspapers, that the Poisne Judge, discussion on abstraan Ingal

Receiver on Your Honour's recommendation.

INITE Your ViewEAASOBOTANIC Bafore procending with the busines, His Straits. Ordinance recently passed, with the farce and that this views supported by the were then firet dealt with by one Judge. Aud 4. At regards the second case cited, I did that deference to your opinion as Chief Juruca the remarks by eve be pre udici- Excellency desired, for the information of the inclusion of words adapted to local conditions. Chief Justice. The public expression of such for the reasont viven in my forther letter the make the suggestion regarding the Shanghalal to the administrade by the ray ban

Sub-section (1) restricts noisy trades carried public to draw special attention anent typhoon

a view is calculated to do the gravest harm to fact that the Chief Justice with the assistance Jadge in my letter to: Your Honour of Shed that this correspondence shall be lid on the ignals. He had discussed with the Comman on by the lessees of Crown lands. It has been the prestige of the Supreme Court in the eyes of the Pulsus Judge confirms his former doci. February last, I did not go into it is detail table of the Legislative Council an you desires der-in-Chief of the Naval Forces in South found that such a puisance to certain places is only of

Europeans but also of the Chinese sine condot in any circumstances render the antil should hear from the Secretary of State But I do not propose to include the anci China the chief points which would tend to unchecked and the power of forfeiturs contain That the constitution of the Appeal Court appeal a farce, etc to whether the idea was possible since Your to the Secretary State's Thay saltigate the loss of life and destruction to pro-ed in the Crown leases is deemed insufficient is extraordinary in so wealthy Colony as The defects of the present system are Honour and stated that you considered it to be vale later try of Sale sarpatch of th

It sto perty owing to atmospheric disturbances. What to

pitent; but with much respect, they are not out of the question for a Foreign Office Judge which raise a separate issue, I havs, bec Section 8. The term "street" in the Gam-gkong in a fact which I have always ad Was required was a station somewhere in the

that is anomalous, that it deserves those which Your Excellency has pointed out.. to come here unless them were reciprocity, south-east, He had also discussed the matter with bling Ordinance 1891 is extended so as to 10 the strongest borzile criticism, may also he con And the emphasje' which has been laid upon which was imposible. At your desire.I kava the Manila sulboriúion including Santo Dom- clude a wharf, pies, park, recreation ground or ceded. But that is a very different thing from them by Your Excellancy cannot fail to be very cabled in, the Secretary of Sinto to inform him fogo and emphasized the need of a frequent other open space,

By saying that it is a farce; for this implies that detrimental to the prestige of the Court among that you would wish to express an opinion re- exchange of telegrams, in order to lessen the

Chiners District Watchmen are the Chief Justice is obstinately tenacious of his both Europeans and Chiness, which it has been garding the working of the schems before its chances of destruction to life and property con- not in the view of the Magisterial Court public own opinions, and that he will never change

constaut aim to maintain at the highest detalls are decidedly appe sequent apan'a sudden visit of the hurricane. Servants" within the meaning of the Misde them whatever new arguments may be advanc-levelikegada 23. I have replied at some length to the

manours Punishment Ordinance 1898 and ed on the apponi, Buch an idea in contrary to

3- With reference to the last paragraph. crote instancer brought forward by four Honour consequeally not amenable to bribery under the high-and they are very high-traditions letter, under reply Your Excellency, is always in support of your view this "Consideration is The ministes of the last meeting were read that Ordinance. The clause places them with of the British Bench to which I have the hoa: very good in assuring me that my opinion in paid to the epision of the Chief Jantice is

in such category.

our to belong

not well-founded when I say that, the Govern matters affecting the administration of fastice," Section 10. This affords "Forest Officers"

31 know That the idea to which yo

to which Your Ex- ment shows no consideration to the Chief but I fear that it is beyond my power to remove similar protection to that granted to police con- cellency gave expression was current in the Justice. I can only say that 31, yours! "expori- what appears to have become an idio fixe in stables.

Colony, and I took occasion some time ago in ence does not bear out Your Excellency's your mind.--I have, &c., FIRE INSURANCE COMPANIES.

Court to say that the constitution of the Appeal courteous intentions, The question is one 1. Objection to the site selected for the erec- The first reading of a Bill entitled An Ordin. Court, being what it was I conceived it to be which I have very much at beart, and so long tion of a public latriae in the Wong-neiance to amend The Fire Insurance Companies my duty to make the best of it, and: I assured as I am Chief Justice of the Colony I shall con- chung Village,

Ordinance, 1958, was passed on the motion of the profession that I came to the hearing of an linse to do so. Let me pui to Your Excellency the Attorney General, seconded by the Colonial appeal with a mind absolutely free and treated two instances which will explain my meaning

it so far as possible aɛ: a new case. Only ro For 3 years

I have pointed out that the cently said with the same object in view that Chief Justice has to do the work of two fudges.

Hongkong, 28th October, 1908, a judge.jɛalways assumed to have the honesty acting on information which was never sub-

Sir--1 much regret to find on perusing Your necessary to reverse his own decision if, on mined to me Sir M. Nathan practically is. Excellency's speecs on the second reading of further argument, it is shown to be wrong. A formed the Secretary of State that this was not the Appropriation Ordinance on Thursday, 8th second argument often puts things in a new

fact. I have at last through Your Excel-October, ibat Your Excellency did not take light, and points often occur to one which did lancy's courtesy bean shown this information, the opportunity of correcting the impression Argument, and a second judgment upholding from beginning to end. I have received no Your Excellency's speech, that in your view the first, may lead to a clearer appreciation of atawer, in that I must assume at my opinion appeals to the Full Court as at present copii the law, and prevast an appeal to the Privy is disregarded. Even the carefully drawn-up tated were a farce. I had hoped that for the Council. Although it has not happened up to tables which I had prepared and which support reasons, and with the materials which had Empress Grand Dowager Mausoleum has

(2) sire for the construction of the later the present that I have had occasion to serasan my statement have alicited au comment. Even supplied to Your Excellency in my letters on a judgment hava given on minor pointa, 1 is one Judge doing the work of two at certain the subject, some allusion would have been Tung Ling), ČINKA KLAN PREPAREDNE

*been selected at the “ Eastern " Hili (known as /- views; and I can quite conceive the possibility sider to get through the work. One of such Your Excellency's remarks, as published ember 14) a Decree in the name of the Inte have frequently had occasion to change my periods of the year I have to work 'double made to the subject.

(3) Whereas on the sand of this moon (Noys ( of my doing so on a crucial issue 27 periods which has covered the last 3 or 4 in the papers, are, an 1 have already pointed Empress Grand Dowager wat lasat come 41 am at the present time engaged in pre-months is just over: and yat Your Excellency out in my letter of 20th September, calculated sanding the Regent to take up the reins of paring a judgment on an important appeal has informed the Council in spite of my re to undo the work which have done in pro-government on Our behalf, the official and the it took many days to argue in the Full Court iterated opinion that there is no immediate mating confidence in the Fail Court in spite of people throughout the Empire arabareby the writing of the judgment will probably take necessity for a third Judge. The effect of this its admittedly unsatisfactory constitution. Very ordered to comply with his order? From day, and though, I am now half way through the Government is that I only want a third portant judgments in a case on appeal from obey the commands of the Regent mast b to full mornings! work; of at least four hours a on my mind can only be that the opinion of shortly the Full Count will have to deliver im henceforth any one neglecting or refusing t have not. the remotest idea what the ultimate Judge appointed to save myself work, Surely my decision at nisi prius, which has been judgment will be. It is not impossible that Your Excellency will agree that this is a case argued before it at great length. It may be

punished.

(4) The death of the Empress Grind Dówi, this judgment may prevent the care going to of want al consideration for the Chief Justice, that I shall differ from the Puisme judge; it the Privy Council. Your Excellency will agree

ger Tra Hai, following so closely that of the

· Let me take Angiber, care. There was a that when so much care is given to appeals the suggestion in one of Your Excellency's letters opinion, but as to both of these questions the sorrow, but the country has passed

may be that I shall maintain my former Emperor Kuang Hot has Elled the mahon with word "face" in hardly applicable; and it is that at Appeal Court could be formed with the the more unfortunate. that such an expression nasistance of the Judge of Shanghai. I learn these things happen the suggestion engender Treaty Powers have also expressed

matter is still under consideration. But should dynastic changes peacefully and line of opinion should have fallen, from Your Ex from Your Excelinor ipeech in Council thated in the popalar mind by the report of Your pathy with the losses which the capion-bas cellency while a judgment in as appeal case in the suggestion has been forwarded to the Excellency's speech, and especially in that sustained, thus strengthening their relatio peading must confess that i should not Secretary of State in the concrete form that the of the disappolated ligani, will inevitably be with Chloe. There are, however, evil chara like to deliver a judgment even on a small judge of Shanghai should come to Hongkong as the appeal-bas balance should ters weking to spread insidious matter which was deemed to be gived in farcial to sit as an Apper judge twice a year. If Your therefore be obliged if Your Excellency would in order to create trouble, and disturb conditions. I think therefore that Your Enel Excellency bad and my opinion before send lay the correspondence on the table of Council. lency will not hesitate to remove the impresioning this suggestion forward bould have the of the first necessity that the appeal to the

peace. It is feared thu), unless drastic mea which most have been caused by the remark at pointed out the dincelties in the way of making Full Court should be considered by all, whether-of-the country will be MuscLZAL CAME

sures are immediately taken, tho: some future siuing of Council...

the scheme effective, and the inconveniences well or ill-informed people, as a serious matter, ly, We hereby order the Ministry|70 which must result from its that changes must and not as a farce. be made in the law and Code of Procedure: pred except if the purpose of a pipes Court, hampering the other business of the Court object in paragraph a of you better orth with the Viceroys; Governarelude

3. I note what Your Excellency says on the Interior, the General: Commasan Peking Gendarmerie, the Govèrabs of hampering

October; but I regret that I cannot agree with a third Judge is not immediately requited. This quile apart from the inherent objections to it. I do not think that the remarks actually

-nates to take special precautions: against such think it my duty to paint out to Your Excel the scheme. lency that I know no one who is familiar with Bat the scheme bas apparently bean ap to promote confidence in the Court, for the rebels arrested are to be decapitated at once.

made by Your Excellency are at all calculaiados Rewards are promised, to all officials arresting. rebais' or suppreshing, Heidigu, All the working of the Court who is of that opinion, proved at home, and I shall have to work it.

suggest criticisms of the decisions of the Chief The fact is that the pressure of the last fewAs in the case of the third Judge, the opinion Justice's judgment which would not otherwise months has been so great that we had arrived of people who knew little or nothing of the

occur to litigants or even ill-informed people,

(1) Wó have received a memorial from Our almost; at breaking boint, and this is by no matter was held of more weight than mine, so

But the actual words used by Your Excellency

Míalsters' stating that to mourn for his fate" menus the first time if I had been laid up for bere: when, as is inevitable, I point out the-are-pot-hefore the public, as no one except Majesty, Emperor Kuang Han, for twentyseven even a days with influcoza, the whole work of unworkable nature of the scheme as sent from members of Councils see the local Bantard-months will give rise to innumerable Mifficulties the Court would have been dislocated to the home, I shall probably be told that others I have, &c.

in the administration of the Goverment and great inconvenience of suitors. I can only add think differently.

E. T. PIGGOTT, praying that the robes of mooming - bailaid: that I was in hopes that the Government would The Council adjourned till Thursday, the show sene slight consideration for myself

Chief Justice.

aside at the end of one hundred days. To comply with the repuest of the Ministers Ough have, &

feelings will not consent and We shall observé: with reverenco, in strict adherence tarihe rule of ancient time, twenty-seven months of mourns ing and shall carry out all the acts sacrifpo and worship prescribed by canon for the Ta ples of the State, great REMAINKAN

(2) Féog 'Lio' Is appointed Prefect of Vise choufn, Anhol Province,

Financial Minutés No. 61 and 68, It was agreed me of the company having boop struck of got present themselves on the first; A second | and havo' pointed out that it was inaccurate left on the readers of some of the reports of arranged, so the Midletry of Rites is hereby e

INTERPRETATION ORDINANCE.

mittee.

LATRINE FOR WONG-NEI-CHUNG VILLAGE,

The Colonial Secretary moved:-Whereas

It is based upoɛ the precédent la section 29 application has been duly made by the Sanitary Board to the Governor under section 167 of of The Life Insurance Companies Ordinace the Public Healtb' nnd Buildings Ordinance1997 but is oxtended to include creditors as 1953 for the erection of a public latrine in the well as members of the Company......... Wong-nei-Chung village immediately to the south of it and near house No. 113; Aud Whereas such application bean approved by the Governor and a notification of the intention to erect a public latrine upon such site baring been duly published three successive num. bern of the Gazells, certain inhabitants of the above village have objected to such erection; And Whereas the objections so made have been considered by this Council;

It is hereby resolved by this Council that the above mentioned site and the erection thereon of a pablic lairina ba approved.

The Director of Public Works seconded. Carried uonnimously.

SANITARY BYE-LAWS. -

The Attorney General moved, and the Colonial Secretary seconded, the first reading Fire Insurance Companies Ordinance 1897 and th remove an ambiguity in the construction of

of a Bill entitled Ab Ordinance to amend The

The same.

Bill read a first tima,

The reason for amending the Interpretation Ordinance is consequent upon the defect which was discovered in Ordinance tto. 3 of 1895 in a recent case which was, before the Supreme Court in April 1998, brought for Cmmipai Conversation" and it was then discovered that by the effect of Ordinance No. 3 of 1895, the action for criminal conversation had uninten vinaity beer repraded and did not exist in TSTY Colony. Funhermore this Ordinance No. 3 of 1895 enacted that since Ordinance No. 5 of 1865 this form of action was non-existent in the Colony.

COMPANIES ORDINANCE.

The following Bill was read a first time on

5. The report of Your Excellency's speech also says that you havre, like Your Excellancy's

The following bye-laws under Sexton re of the Public Health and Buildings Ordinance, 1903, with the exception of (a), (b) and th were unaalmously approved by the Conncils() Bake hauses (6) Cattle-sheds, Pig sites, etc. (c) Cemeteries (7) Daity. (n) Depois for Cattle, Pigs, Sheep and Goats.

Disinfection of Infected Premises. (f) the motion of the Attorney General, seconded

Ventilation. a Importation and Inspection of Animals. (Ordinance further to amend The Companies Latrines. ) Laundry. (4) Prevention and Mitigation of Epidemic, Endemic, Contagious or Infectious Disease. (.) Prevention of the breeding of Mosquitoes. (.) Removal of Ceiling and Stair Livings. (H.) Removal of Patients.

YAUMATI BUILDING COLLAPSE. The Hoo. Dr. He Kai, pursuant to notice, asked the following question 1- Will the Honourable the Attorney-General state whether be bar any objection to give the reasons which governed him in dot fling an indictment for manslaughter at the last sessions in the Portland Street building collapse case?",

Ordinance 1865.

This Ordinance extends to creditors of a Company the same, rights as the Company or its members possess 'in the' case of a defunct Company being struck off the Register,

PEAK TRAMWAYS. The Bill entitled An Ordinance for Authoriz. ing, the Construction of a Tramway within the Colony of Hongkong was not proceeded with..

10th inst..

:

ADJOURNMENT.

FINANCE COMMITTEE,

A meating of the Finance Committee was held immediately after the meeting of Council, the Colonial Becretary presiding. It was agreed to recommend that the following "votes be adopted by the Council

F. T. PIGGOTT,

Chief Justices

His Excellency

Sir Frederick Lugard, K. C.M.G.

Governor of Hongkong.

8837/1906.

The Attorney-General-The matter is one of public interest and I am very glad of the ppportunity of giving the reasons which govern ell me in the matter. They are as follows: After the Coraser's inquiry the Prosecution obtained important expest evidence as to the

Government House, construction of the buildings. This evidence did not establish such a degree of negligence

Hongkong, 16th September, 1958, A sum of five thousand dollars in aid of the

Sir-In reply to your letter of yesterday's as could justify a prosecution for man-

vote, Public Works Extraordinary, Miscelate I have the honour to inform you that I did slaughter and in the opinion of the Allaneous, Blake Pier Shelter. could possibly torney General no jury have convicted having regan to it. The evidence also clearly demonstrated that the

main supervision of the work was not con- trolled by Mr. Bird and as a fact the Building Oostract specifically defined the Architects to be "Clament Palmer and Arthur Turder" and did not include the name of Mr. Bird. This point, however, was not material having regard to the absence of proof of negligence previous ly alluded to the Shaukiwau case the avidence taken before the Coroner on the other hand clearly established grave negligence against the Contractor."

NEW TERRITORIES SHALL DENT COURT. The Attorney-General moved the first read.

LAKE PIER SHELTER.

STATIONERY.-

A sum of one thousand seven hundred dol- lars in aid of the vote, Miscellaneous Services, stationery.

MISCELLANEOUS SERVICES,

A sum of eighty-six thousand five hundred and forty-seven dollars and sixty cebis in aid of the vate, Miscellaneous Services, for the fol lowlak items: Indian Police Remittances $ 7,630.00 Cancer Research Fund..............

31.60 Trapical Diseases Research Fund,

118.65 Department of Chinese-in London University dimminģmaimu Imperial Institute

35.60

237.30

ing of the Bill entitled An Ordinanca to sm-Redemption of Subsidiary Coin 78;570.45

power & Magistrate to hold a Small Debt Coort

in the New Territories and to regulate the pro- coedings in relation thereto.

The Colonial Secretary seconded. Bill road a first time.

The Bill proposes to establish a Small Debts Court in the New Territories and to give a Magistrate Jurisdiction to hear and determine cases where the claim does not exceed twở hundred dollars and the defendant le resident there. The Bill provides the necessary 'ma- chinery and empowers the Magistrate to refer CASE which be deems of sufficient importance to be dealt with by the Supreme Court and it also rosts a power in the Magistrate to review a judgment given by him whhin one month of the date of such judgment,

DANI MAGISTRATES' ORDINANCE,

Total. PUBLIC WORKS.

Your Excellency will, I think, agres with me that have some cause for the view I have so frequently expressed that little consideration is paid to the Chief Justice's opinion in matters relating to the administration of Justica.—I have, &c

F. T. PIGGOTT, ------~Chief Justice.

His Excellency

Sir FREDERICK LUGARD, K.C.M.O., Governor of Hongkong

8837/1906.

Government House, Hongkong, 6th October, 1958. Sir-regret to learn from your letter of September 20th, that my explanation of the actual words used by me in reference to the Court of Appeal and which I bad believed would entirely dispose of Your Honour's cauro of protest have not had that resolt,

no one who

His Excellency

Sir Frederick Lugard, K.C.M.O., Governor of Hongkong,

Novembarnt.

HARD TIMES FOR BARBERS.

SAD EXPERIENCE OF ONE IN HONGKONG.

Government House, Hongkong, and November, 1908. Sit, I have the honour to acknowledge your fetter of October 281b having reference to the words used by me in a speech regarding the constitution of the Full Court. I am anxious to meet Your Honour's wishes as far as seems to me practicable, but since as you point out the members of the Council already have the corrected version of what I said before them in the Hastard there seems no object in laying Since the Imperial Edict was fuld ordering

It before them in

a separate paper.

Your Hepour is anxious as I understand that it should be the people of the Twe Kwang, provided to 'made known that i did not use the words attri- | išlo mourning for thess-montas, duljun which buted to me in the local Press that the appeal period they wore to allow their half to grow to the Fall Court is a farce, and I'will if you * a sign of respect for the death of the Emperor so desire cause a letter to be written to, the and Dowager-Empress of China, most of thị Press gupting the words in Hanaard. Bassional bathers to the city of Croton baya Bad to pat papers consist of the annual reports from der up their shutters. Of course, a large number partments, and other permanent records of the of the "profession” came to Hongkong to ensu Colony, and I do not think that the corres- living, among them being mung manund

in question is of 2 pondence

wee boat, arriving on Banday,

not use the word "fatca" in connection with the existing Appeal Court of the Colony, I spoke deliberately and I am correctly report ed by the South China Morning Post as having used the word "unsatisfactory.* ·} was so an xious to make it plain to the Council that I intended so reflection whatever upon the Court, but only criticised its constitution in the way you have yourself criticised ity that I added 2. Your Hoacur contends that " further explanatory words (which have been is familiar with the work of a judge could omitted by the reporters) to the following effect: atribute to him any but the highest motives It is no less uocatisfactory to the Chief Justice when hearing an Appeal, whatever his decision **himself than to litigants, for if he reverses his might be. But the words used by me (“ionye

#

&C) "-móra especially if this should occur more amply

cicar than once he may lay himself open to the informed persons but to disappointed litigants judge I have the honour to enclose in ariginal mouendo that be deas not know his own and irresponsible critics, expressed la fict "mind, or that he is influenced, by his Junior only the views which I have understood your "If qa the other hand he confirms his former self and Mr. Justice: Wise to have affirmed. The words of the latter in this connection "Is a Tarce,"

"former déchsion after hearing fuller evidence. do" and "allegedly was not referring to well ], 2. With reference to the question of. This ashore, inquired bis Way' to the

I made it, I had hoped, claded with them, so there to be la Cha Hau Cha came to Hong

of convenience of coole whe for your perusal and favour of retum a private at the entrance to the light letter I have just received from. Sir-H. the coolla: knewa baran Saumarez together with a copy of the des stranger, and belose the little

formed bis plan

..$86,547.60" decisións it may be alleged that the Appe forwarded to me as an: snclosure la Vone patch from the Secretary of State dated 18th -the middle of the road was

A sum of one thousand four hundred dollärs in aid of the vote, Public Works, Recurrent, Miscellaneous Services. PANAS TREE PLANTINO. 2.

A sum of aias hundred dollars in aid of the vots, Inanical and Forestry Department, Other „Charges, for the following itemszak

Forestry in New Territories, ........$400 Tree planting,

i 5GD Total $900 DELILIOS FUBLIC .CHOOL.

A sum of two hundred dollars in aid of the vote, Education, Other Charges, Balilion Pub

le School, Anglo-Chinesa, Side, language

sense...

September, 2008) Teronally agree with the view expressed by Sir H. de Sausmares-I have, &c.,

F. D. LUGARD, Governor, &c. His Honour the Chief Justice.

Chambers,

Hougkong, in November, 208, Sir, have the honour to acknowledge Your Excellency's letter of 2nd Novembar, on the subject of Your Excellency's remarks in

These as near as I can recollect ate the Honour's letter of the 29th February, 1998) precise words used by ma in this cofaction. 1 were:As at present constituted the Appeal think Your Honour will agree with me that in Court consists of the Chief Justice and the would be difficult to select words which would Paisas Judge, from one of whom the appeal more completely dispose of the fnterpretation necessarily lies, and the Chief Justice has a Conveyed in your second paragraph, casting, vole. The result is that anyone who conveyed in Youthentic report, the Colonial has the money will appeal against the decision Hansard, has already been revised in this of the Paime Judge (in consequence of the casting vote) bot that no one will appeal against --- I regret to note from the Just; sontance-of-a-decision of the Chief; Justice unless he in- -Your Honour's letter, that you still remain: tends to carry the case to the Privy Conscil”.

under the erroneous impression which I have 3 In reply to your third paragraph 1. can Court

Council on the pressus constitution of the Tall so frequently and with such apparent ift sues only repeat, the statement made by me in my cess, endeavoured to remove, that the Govern observations on the Estimates after giving dus. I fear that the publication in the nows ment is disposed to show no consideration prominence to the fact that Your Honour held papers of the remarks actually nood by Your towards yourself. +I have, hogy mode

the view that a Third judge was necessary to for whereas the words as reported might have

Excellency would do more harm than good F.-D. LUGARD

cope Wish the work of the Supreme Court,"

bean looked upon as an uulostanate alles bad vi. that after consulting those best qualified the impression created by them bean corrected Governor, &c.

to advise me I considered the weight of apla at a subsequent sitting of the Council, the pube ion was in favour of the view that a Third lication of the remarks actually made by Your Judge was not immediately necessary, but I

Excellency unaccompanied by my own obser- Chambers, Supreme Court,

hoped that when the new Courts were falabed vations, would seem to indicats that they em Hongkong, 29th September 1008,

the Colony would be in a position to incar the body, as I fear, they do, Your Excellancy's A stim of sixty-one thousand dollars in aidation couch, od tod for Excellency ally admit, informed of the arremeals which open or cloth

am obliged the courtcourt expanse laveived. Your Honour was, MN YOU COTO of the vote, Public Works Recurical, Miscele latter of the 26th Instant informing me of the had been adduced in this connection and had

this was all the business.ge Janeous typhoon and rainstorm damages. 2. acival words sand by Your Exceliangy in your an opportunity of fully disposing of them Ches" otbyggande

speech is Conncil on the subject of the con- Your letters were forwarded to the Secretary of ex

stitution of the Fall Court The Calma Mall, State and you were so informed, and kan and the Daily Frou reported it in, the way in berefore a lost to know what forthar reply Which I referred to it in my letters and it you expected the absence of which leads you

HOUSE, ALLOWANCE,"

On the motion of the Attorney-General, | bonus. secondad by the Colonial Secretary, the Billag entitled An Ordinance to amand The Mag- };: A sum of two hundred and sighly-five dollar istrates' Ordinance 1890, and to effect certain in aid of the vote, Polica and Prison Depart other amendments in the Criminal Law, was mootsy of Police, Personal · Emoluments, read's first time. !esome A

Captain Suparintendent, house allowance..

SAMAAN TYPHOON DAMAGES,

in in

་;་,

His Honour

The Chief Justice.

The objects and renuóng”. of the Blif are set out in the Attorney General's slate. folly ment attached to the Bill, It reads (— plate

This Bill proposes to effect certain amand- mensa in the Magistrates Ordinance 1890 and in toe Criminal Law of the Colony shemale Section 3. This amendment empower

titrate to order imprisonment in default of Wyzim the sext few days en exhibition of finding security for good behaviour. The power difginal oil paintings. from the Salon de Paris affeady exista in section'so of the sims Ordin- | will be köld du Hongkong. There will be over seems to me probable that the reporters jump to the conclusion that your opining is disregard. muck)(Bethe case of a person falling to enter: 200 exhibits from French masters. g Admission |ed from the beginning,

DATUS IN COCOKELINGS Juwita sureties to keep the to the azbiblion will be by tickets, the proceeds, remarks so the sad, sari on the words "the Stat

072-5136") of, which will be devoted to local churúy,?;;) - Bopani ft A farpa Fan making good goppik.

reply

With regard tajlayış" the GOTTES" on the table of the Danse your forgets that one of the principal object practice is to make its papers to jalg have had an lose women of and to have Councils

ordenar ben Bad we

“Let me hald your bundla and you while you aes away,” said the coolie, kindly, when they had reached use door. iquocent barber Banded over his propert went in. - He was not Khay a minntak.! ha

came out be discovered to hit aarpalen. that the kind friend » End, disappeared. a akong he told his tale of voel and later Inspector Robertson, of Hory Police Stallo who'very cleverly ran the woolla Kanesday, recovering f various pawnshops.:" the Folles Cours en guilty was convict wichs, hard labo

Last Monday Flu named Clan Yeung

charged with bele quarters of 3, Logo. without the parmi S. McKinley) and.

presence in the hop McKinley, who prezi