322
THE SHIPPINg conferencE AND ITS EFFECT ON BRITISH TRADE.
THE HONGKONG WEEKLY PRESS AND
The recently issued blue book giving the replies to Mr. CHAMBERLAIN'S despatch of 28th November, 1895, to the Governors of colonies on the trade of the British empire and foreign competition, is prefaced by an introductory memorandum signed by Mr. CALEXANDER HARRIS, in which the main features of the replies are summarised. In this memorandum the following passage
occurs:-
**
[October 27,
1897.
Manufacturers to a portion of what has did not see his way to inflict a heavy taken place in India and Ceylon during the penalty on the liar for contempt of court, latter part of the time covered by Mr. that is, for making contradictory state- What he says ments. He either attempted in the first CHAMBERLAIN's report. is not written in a spirit of unfriendly instance to convict three innocent men.or criticism as to the management of any has been the means of setting free three steamship company. The directors of these desperate marauders. We all know that can be bought over concerns, he says, owe it as a duty to their certain Chinamen shareholders to earn for them substantial for a very small sum of money and the We have just cited suggests the dividends, and the management of certain case of the Eastern steamship lines has been all-possibility that the witness was paid by mirably successful, enterprising, and strong; the accused or their friends to give a but he There are many remarkable cases
urges
that the system of confer- totally different story at the Supreme Court "in the returns which bring up the ques-ences or rings is prejudicial to imperial from that which he gave before the magis trate. The case was a flagrant one and the tion of freights for serious consideration. trading interests. Having adduced a num- "There is not material for analysing the ber of instances and authorities in support intliction. of the full penalty would have "effect of shipping subsidies on freight, an of his argument he intimates that an asso- made the lying witness and all others of his inquiry indeed which would be beyond ciation is in course of formation with the kin wince. The Chief Justice exploded a "the scope of this memorandum. Atten- following objects :-(1) To investigate the telling bomb in the incendiarists' den a short "tion, however, is drawn to some of the causes at present existing which favour time ago, and we trust he will ere long deal
a severe blow to perjurers. more remarkable instances where the successful foreign competition in India and freight is against the British producer Ceylon, and to suggest how such may best (2) To inquire into the grievances "and in favour of his foreign rival. In be met.
cases the freights which favour of any member trading with India and "the latter are given by British vessels." Ceylon. (3) To co-operate with similar Several examples are given, including that associations formed or forming in the supplied by longkong, but unfortunately colonies, and, if necessary, to bring mat, a misprint deprives it of its appositeness. ters tending to restrain or handicap British The Hongkong Committee said :- "In this trade to the notice of Parliament. Such "connection the Committee wish to make an association, if its formation is accom- "special reference to the advantages con plished, ought to render useful service, "ferred on American cotton piece goods in and it would be an advantage if its scope "the China market by the rates of freight were extended. so as to include questions Every one must re- charged by the Conference steamers from affecting the Far East. New York to Hongkong and Shanghai, joice in the prosperity of our great shipping "which average from 25/- to 30/- per ton corporations in so far as such prosperity is as compared with 57/6 from London and achieved on legitimate lines, but preferential "Liverpool outwards. The same remarks treatment accorded to foreign trade, at the apply to the shipment of machinery from cost of British trade, is a thing to be con- "the United States to China, the freight for demned unreservedly. "which is about forty per cent. lower than "that from British ports." In the intro- ductory memorandum to the blue book this "As a result of the is given as follows:-
"
some
PERJURY IN THE HONGKONG COURTS.
The second point is one which might pre- gent difficulties, but it furnishes an interest- ing subject for discussion. It has reference to the method of swearing Chinese witnesses. We all know that the method of swearing English witnesses is by no means a perfect one; the Scotch method is perhaps better. How many witnesses when asked to kiss the Book kiss their right thumb? How many jurymen resorted to this dodge during the last Criminal Sessions? The number was But we should think perhaps 30 per cent. that an Englishman who kisses his thumb regards the oath equally as binding as if he kissed the Book, and perhaps if questioned he would say his own flesh was holier than cardboard or Russian leather and that his particular method was not an escape from kissing the Bible but a guard against possible infection. The question as it affects Chinese is, which do they consider the most binding form of affirmation? Does the affirmation as it is administered in Hongkong impress Shipping Conference the freight from New
them with that awe and solemnity which we Time after time the extraordinary pre- "York to Shanghai is 30/- per ton; New
like to associate with the English oath? "York to Loudon 57/6 per ton," which valence of perjury in the Hongkong law makes it meaningless.
courts has been emphasized by judges, A Chinese gentleman once remarked that Hongkong does not stand alone in draw-lawyers, and magistrates, but notwithstand the uneducated Chinese in Hongkong had ing attention to this question of differential | ingˇall the talking and the warnings of no idea of what was the true meaning of the freights. At Cape Colony, for instance, we punishment there has been no apparent de-affirmation which they repeated when called are told that freight was the main factor in crease in this most dangerous crime, and as witnesses and that the cutting off of a cock's head impressed them much letting in the United States, e.g. 22/6 per perjury is just as rife now as ever it was.
more deeply with the obligation they ton was charged for furniture from New In a case heard in the Supreme Court on York; 31/3 to 33/9 per ton for furniture the 6th. October Mr. J. J. FRANCIS, Q.C., owed to the Court. The strength of an oath or affirmation lies in the power which from London. The New South Wales re- said he was sorry to say that perjury was port suggests that in some cases the com- committed in almost every case brought the form of taking it exercises over the For our own part we do petition for freights has caused British goods before the Court, and the Chief Justice witness himself. to be taken to foreign ports for shipment, promptly testified to the truth of that state- not think that either cutting off a cock's ment. This deplorable state of affairs sug-head, breaking a saucer, or any other of the and that British goods are thus entered in the returns as foreign and apparently swell gests two things which might be usefully absurd forms adopted in China to seal an onth has any such binding force on the the amount of foreign importations. On the considered by judges and magistrates and other hand, the South Australian report, go- and also by the law officers of the Crown, average witness as to make its introduction ing fully into subsidies aud freights, and In the first place, the law relating to the into our English courts desirable from that showing that foreign freights generally are the giving of false evidence might with great point of view, while it is distinctly undesir lower, concludes that prices are not materi- advantage be more rigorously enforced. able on account of the sanction it would ally affected; and the Queensland report According to the Evidence Consolidation give to gross superstition. It might, how- suggests that shipping facilities are, as a Ordinance, No. 2 of 1889, a judge or a ever, be well if each Chinese witness was cautioned before giving his evidence that rule, in favour of Great Britain and that the magistrate has power to punish a witness Continental trade would increase with who makes contradictory statements by any wilful misstatements would render him further facilities. Whatever may be the directing a prosecution against him for per- liable to fine or imprisonment, and it would case in Qeensland, however, there can be jury, or by fining him a sum not exceeding certainly be well to enforce the penalty in all cases where the offence of perjury clearly no doubt that in the Far East foreign com- $200, or by sending him to gaol for a term
not exceeding six months, with or without appears. In the criminal courts in China petition with English trade has been ma-
case beard at the the means relied upon to extract the truth terially favoured by lower cost of carriage. hard labour. In a
from the witnesses is not the cutting off of a At least a good case is made out for further Criminal Sessions last Friday three men
were charged with highway robbery with cock's head but the persuasive power exerted inquiry as to the effect on trade of differ-
When be ore the magistrate the by the lictors by means of their rattans and ential rates of freight and the means by violence. which the inequalities existing can bepros cutor gave positive evidence of identi- other instruments of torture, and, barbarous fication, but at the trial before the Chiefs the system is, it is generally effective. Justice he swore he was unable to identify We cannot in this colony follow the example any oue of the prisoners, and the case for of China in that respect, but we think the the Crown therefore collapsed. Seeing that more frequent infliction of the summary the prosecutor had deliberately lied at the punishment provided by law for perjury Magistracy or at the Supreme Court it would result in materially lessening the is somewhat unfortunate that His Lordship
corrected.
From a letter by a Mr. K. M. Foss in the Times of 20th September it would seem that this matter is not to rest where it is. Mr. Foss writes as one who for ten years past has watched the East Indian shipping monopoly, and he draws the attention of
offence.
J
No comments yet.
Private notes are available after approval.