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opium beyond the factory in Morrison Hill Road. Unless it could be shown that the re- spondents procured or instigated the unlawful movement of the opium they could not be convicted. If the appellant's case were upheld it would be utterly impossible in many cases for the opium farmers to save themselves from conviction, no matter how innocent they might be, because the persons to whom they must neces- sarily entrust the duty of removing the opium might, entirely in the absence of orders, set their boats in motion for an improper destination or at an improper hour.
The Chief Justice pointed out that if it was necessary to prove authorisation there would be, as suggested by the Attorney-General, no efficacy in the Ordinance at all.
AR
After further remarks by Mr. Francis, The Chief Justice said-This case must go for a re-hearing. I look upon section 6 of the Raw Opium Amending Ordinance as providing absolutely against the movement of opium after dark-putting it shortly without going into the question of hours. It is absolute prohibition, and the question was whether there was any evidence of the defen. dants having removed the opium after dark. It is quite clear it was being moved after dark, and there was evidence, in my opinion, that it was being moved by the agents of the defendants. They were placed in posses-- sion of the opium-at least there was evid
ence
on which such presumption might be made the opium was placed in the possession of these coolies by the act of the defendants, and therefore I think there was evidence of agency. I think that is all. I do not want to go at length into the case because our order will simply be that the case will be re-heard.
The Attorney-General applied for costs, not on personal grounds, he said, as the coste went into the Treasury.
Mr. Francis opposed the application. The question then aross whether the Magis- trate, who was now on the high sea, ought to re-hear the case or whether it should go before the Acting Police Magistrate.
The Chief Justice-It is admitted that the Magistrate who tried the case has left the co- lony, and upon that admission the order is that the case be re-heard and remitted to the Acting Magistrate with the intimation that there was evidence to support the complaint. Costs of the appeal to be reserved until the con- clusion of the proceedings.
28th October.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. Wise (PUISNE JUDGE).
KWONG CHEONG V. CAPTAIN BURNIE.
The plaintiff sued for $8.93, amount due on a washing bill; and in a cross action Captain Burnie sued for $12, the value of clothes lost. Mr. Gedge appeared for Captain Burnie.
The washerman said he had washed a number of articles for Captain Burnie in July, and had been refused payment because a flannel suit had gone missing. According to witness's story the suit was taken by defendant's coolie to another shop, but three weeks ago the clothes were returned to him, and he refused to take them because they had been damaged.
Captain Burnie said the clothes were worth 812, and were taken to Kwong Cheong's shop. He did not think the flannel suit produced in court was his.
His Lordship-Will you swear it is not ? Captain Burnie-It is a long time ago, and 1 have different suits of clothes. The suit I sent to this man was new.
THE HONGKONG WEEKLY PRESS AND
His Lordship Of course it might have passed through different stages since then.
Captain Burnie-I cannot swear this is my
suit.
His Lordship-That is your difficulty, Mr. Gedge. Unless you can prove that this is not Captain Burnie's suit you cannot succeed. There is the possibility of course I do not say it is so that the coolie stuck to the suit of clothes. Judgment for the plaintiff in the first case, and judgment for defendant in the second. Are you going to have the clothes, Captain Burine?
Captain Burnie-I don't want them.
His Lordship-The plaintiff had better take them, tlien.
Plaintiff I don't want them.
[October 30, 189550
on laying flown your command, without doknow- ledging in some way the valuable services you have rendered to Her Majesty's Government
His Lordship-Well, take them away from and to the colony in raising and organising here.
THE DEPARTURE OF LIEUTENANT- COLONEL BARROW.
PRESENTATION OF AN ADDRESS.
There was a large attendance at the City Hall on Saturday morning, when an address was presented to Lieut.-Colonel Barrow, of the Hongkong Regiment, who is leaving the colony for India. His Excellency the Governor, Sir William Robinson, presided, and amongst those present were Mrs. Barrow, Mrs. Stewart Lockhart, Mrs. Preston, Mrs. Hawkins, Mrs. Wrottesley, Mrs. Bird, Miss Jackson, Sir Fielding Clarke, Hon. C. P. Chater, Hon. T. H. Whitehead, Hon. J. J. Bell-Irving, Hon. Dr. Ho Kai, Hon. J. H. Stewart Lockhart, Hon. E. R. Belilios, Messrs. G. B. Dodwell, A Coxon, D. R. Sassoon, T. Jackson, H. N. Mody, J. Thur- burn, N. J. Ede, A. McConachie, Surg. Col. Preston, Surg. Major Westcott, Captain Retallick, Lieut. Woodcock, Lieut. A. J. C. Campbell, Lieut. G. D. Campbell, Hongkong Regiment; Messrs C. Palmer, G. Stewart, F. Maitland, C. Inchbald, E. W. Mitchell, W. Machean, A. G. Romano, J. Grant Smith, I. P. Madar, H. W. Bird, A. Ross, J. H. Cox, A. F. Smith, R. K. Leigh, T. F. Hough, A. Turner, C. C. Platt, J. D. Humphreys, V. A. Cesar Hawkins, C. S. Sharp, J. C. Peter (Hon. Sec.)
His EXCELLENCY said-Lieut.-Colonel Bar- row, I have been requested by some of the lead- ing members of the community to present to you, on the eve of your departure, this address which I hold in my hand and which I will pre- sently read to you. It is accompanied, or rather will be followed, by the presentation of a piece of plate to yourself personally in testimony of the esteem and regard entertained for you by the inhabitants of Hongkong. (Applause). It will also be followed by a second piece of plate intended for the Mess of the Hongkong Reg ment which will hereafter be known as "The Bar- row Plate." (Applause). I am sure you will be very much gratified by the complimentary terms in which this address is couched. and will value and hand it down to your children as a record of the high appreciation in which you were held for your services in the Far East and in Hongkong in particular. (Applause). I have had no hand myself in the preparation of this address, but I may say that I heartily concur in every word it contains, that I congratulate you upon your promotion. that I regret your departure, and that I am very glad to have this opportunity of stating that in my opinion the Hongkong Reginient, which you have so ably commanded, is one of the finest and the best behaved regi- ments which have ever been stationed in the colony of Hongkong. (Loud applause). In congratulating you upon your promotion, I hope, sir, that for you and Mrs. Barrow it will be in every respect most satisfactory. (Loud applause). I will now read the address:-
Address from the Community of Hongkong
to Lieutenant-Colonel E. G. Barrow. Sig-When Her Majesty's Government decided upon the addition to the Garrison of Hongkong of a native Indian Regiment, to be permanently stationed here, you were specially selected by the Military Authori- ties for the responsible duty of raising that Regiment and, as its first Commandant, of giving it such an organisation and bringing it under such discipline that it should be worthy to take its place in the field, or in the camp, with the bravest and best of Her Majesty's Regiments.
if
"Your military experience, your tact and skill in the management of men, and your extensive knowledge of the native races of India have enabled you, with the valuable assistance of the Officers associated with you, to perform the task imposed upon you with very great success, and to-day the Hongkong Regiment is as fine a body of men and as soldierly as any Officer need wish to command, or any General desire to see in his division or brigade.
"The community of Hongkong, to whom the Regiment in a special manner, may be said to belong, cannot permit you to leave the colony,
4
your
this splendid battalion. They have, therefore, determined to present you with this address and to ask you to accept, as a memorial of residence in Hongkong and as a testimony of the esteem in which they hold you, a piece of plate; and they desire, further, to com memorate your connection with the Regiment, and to bind together more closely the colony** and the Regiment, by presenting to the Mess a piece of plate, to be called The Barrow Plate.'
"The community of Hongkong congratulate you on your new appointment, and deeply regret that it takes you away from the colony. All those who have had the honour and the pleasure of your acquaintance will miss you exceedingly, and you take with you on your departure the good wishes of the entire community, for yourself, for Mrs. Barrow, and for your family. (Loud and prolonged applause).
The
Lieut.-Colonel BARROW-Your Excellency, ladies, and gentlemen, the colonies and settle- ments of Great Britain in the Far East have a world-wide reputation for lavish hospitality and splendid generosity. Were it not for this characteristic I and my brother officers would be at a loss to understand in what way we had deserved so signal a mark of your interest and esteem. We feel, however, that your action is not merely an expression of friendly approval, but a token that you as a colony recognise the close and exceptional connection that binds us to you; and, moreover, that, likė all true Englishmen, you are proud of the army and glad to identify yourselves with it. (Applause). Our colonies and dependencies have an equal share with the mother country in the honour and fortunes of the army, and just as every county in Great Britain feels a parti- cular interest and pride in the traditions of the regiment which bears its name, so you have tes tified your special interest in the Hongkong- Regiment. trust in the fulness of time the Hongkong Regiment may also have its own glorious traditions--(applause), and you will then feel a like noble pride in your connection with it. Sentiment is a potent factor in mould. ing the spirits of men, and the soldier who feels he is honoured by his fellow-citizens is all the prouder of his profession and the better soldier-(applause),-while on the other hand I firmly believe that when a people find delight in honouring the profession of arms they senai- bly foster the martial instincts of their race and aid in its national development. happiest auspices for the Hongkong Regi- ment are that this opulent and vigorous colony takes a keen interest in its defenders, for that interest is an augury of the spirit which will animate solders and civilians alike should Hongkong ever be threatened by a fos. As regards the generous gift to the Mess for which we have to thank you, I feel it a high honour to be associated in your thoughts with the raising of this regiment, though I have hardly earned the flattering compliment you have paid me. As all soldiers know, a good regiment can never be the work of one man; it is the product of the united efforts of many, and I wish to take this opportunity of publicly acknowledging the loyal and zealons assistance I have received from all my officers. (Applause.) I have also to thank you on my own behalf and that of my brother officers for the cordial hospi tality we have met with since our first arrival in the colony, while I trust His Excellency the Governor will permit me to tender to him our respectful acknowledgment of the sympathetic interest he has frequently extended towards us and more particularly for the honour he has done us in coming here to-day. I feel much regret that the moment has come for severing my connection with Hongkong and the Hongkong Regiment, but I have the satisfaction of leaving the latter in the best of hands. and under a very popular member of your society. (Loud applause). It now only remains for me to assure you how sincerely grateful I your kind intentions towards myself. I am overwhelmed with confusion when I think how generously the colony regards labours that were simply a duty to the State. I cannot adequately express my thanks for all your good wishes to
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