248
THE HONGKONG WEEKLY PRESS AND
ality in Siam, having been duly registered at the consulate. Under these circum-
however, to be some danger that while attention is so strongly concentrated on the Yangtsze the importance of our intereste instances he was therefore subject to British the South may be underestimated or over - looked. In this connection we would invite attention to the following extract from an excellent article on the Japan Mail :-
She [France asks China to guarantee that no part of the provinces of Kwangtung, Kwangsi, and Yunnan shall be ceded to a Foreign Power. What does that mean? Con- sidered cursorily, it appears to be analogous to England's recently obtained guarantee that no part of the Yangtaze Valley be alienated. But in truth the two conditions are radically differ ent. England's object is to secure the free navigation of China's great waterway, which, with its tributaries, affords access to some six.
and
teen provinces. The closing of the Yangtaze to British vessels would involve the ruin of British trade with China, and England is de- termined that it shall be kept open to the ships of all nations and that no foreign Power shall acquire a position from which its naviga tion could be interrupted, or the freedom of trade on its waters hampered. A guarantee with regard to the three provinces of Kwau- tang, Kwangsi, and Yunnan cannot be con- strued in any similar sense. It is plainly an attempt to establish a "sphere of influence" with a view to future contingencies. In short, the recent proceedings of Russia and France are obviously directed to the dismemberment of the Chinese empire; Russia taking Man- churia, with, perhaps, the vast project of gradual extension thence in westerly and northerly directions until all the provinces north of the Yellow River, together with Mongolia, are absorbed; France appropriat ing the three southern provinces. England being left to work out her destiny in Central China along the Yangtze Valley, sandwiched between Russia and France. It is a stupendous programme, but the demands formulated from St. Petersburg and Paris are unmistakable pointers. England, however, already possesses an island lying off the coast of Kwangtung, where she has created the Liver- pool of the East. She also possesses a portion of the mainland of Kwangtung, and has been for some time openly thinking of asking for more. She has, further, large tradal operations with Canton, and it was through her enterprise that the West River was opened, which runs through two of the very provinces included in the French demand. It must be presumed that England intends to keep the West River Open to the trade of the world just as she intends to keep the Yangtsze open. The establishment of French control in Kwangtang and Kwangsi would mean the rain of Hongkong and the exclusion of British commerce from Canton and the whole of the regions watered by the West River. That would scarcely be tolerable.
jurisdiction alone; if he had committed any offence it was by the British courts that he should have been tried and, if found guilty, sentenced. We do not see how the British Government could legally divest itself of its responsibility in regard to Mr. LILLIE and abandon him to the Siamese authorities for deportation. If they can abandon a British subject for deportation they might equally well allow him to be imprisoned or executed by the native authorities, a course which could under no circumstances be tolerated. It would appear, therefore, that the British Government have blundered no less than the Siamese.
**
[April 2, 1893.
SUPREME COURT.
*
28th March.
IN APPELLATE JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. JUSTICE WISE (PUISNE JUDGE).
HOWARD AND ANOTHER V. Robinzon, The hearing of the case Howard and another v. Robinson, which was before the Court on
were Thomas Howard and Matthew John Denman Stephens, the defendant being Sir William Robinson, in his capacity as Governor of the colony. The claim was for a writ of under the provisions of section 85 of the code. mandamus, and the proceedings were taken
January 18th, was resumed. The plaintiffs
Mr. J. J. Franois, Q.C. (instructed by Messrs. Deacon and Hastings) appeared for Hon. W. M. Goodman (instructed by Mr. the plaintiffs, and the Attorney-General, the H. L. Dennys, Crown Solicitor) for the defen dant.
The blunder of the Siamese is more in
A petition had been filed by the plaintiffs and an answer filed by the defendant, and his Lordship, the nature of an indiscretion than of an
the Chief Justice, in Chambers, had settled the illegality, for if Mr. LILLIE was not entitled issues arising between the parties on the pleadings to foreign protection the Siamese Govern- and he bad directed that the first two of these ment would be within its rights in expell-issues, which involve the settlement of important ing him. The indiscretion seems to have questions of law, should be disposed of first, and been a matter of temper. Mr. LILLIE's at the suggestion of the plaintiffs, with the writings, which appeared to be intended the matter should be tried before their Lord- consent of the learned Attorney-General, that to stir up difficulties between France ships sitting as a full court. The questions of and Siam and to incite the French law were(1) Assuming that the property nation to aggressive action against Siam, or business of the plaintiffs has suffered depre- were no doubt exasperating, but it would ciation or been injuriously affected by reason have been better either to have treated of the works authorised by the Praya Reclama- them with contempt or to have taken con-
tion Ordinance, 1889, does the said Ordinance stitutional action against the writer in the and assess the amount of such depreciation or throw any duty on the defendent to inquire into courts of his own nationality. Newspapers injuries affecting them? (2) If such duty is have within recent years had to be proceeded thrown on the defendant, is it one which the against both in Egypt and India for incen- Court, having regard to the provisions of said diary or seditious writings, and the same Ordinance, can properly enforce the performance course might have been adopted in of by a writ of mandamus? Siam. If the law did not quite meet the
made it do so. case a short order would readily have The Order in Council authorises the Minister to make regulations for maintaining friendly relations between "British subjects and Siamese subjects and authorities," and a regulation could be made under that authority which would constitute abusive and insulting writings of and concerning the King and Government of Siam a punishable offence. This might seem like opening the door to a press censorship, but, highly as we appreciate liberty of speech and writing, we cannot but recognise that in a country like Siam,
the land, there may be especial reasons why where foreigners are not subject to the law of
the liberty of the press should not be allowed to degenerate into licence, or the cloak of Her Majesty's protection be made use of for the EXPULSION OF A BRITISH
purpose of reviling a friendly sovereign or JOURNALIST FROM SIAM.
promoting schemes against the integrity of The expulsion of a British journalist from his dominions. As the matter stands, how- Siam has naturally excited great interest at
ever, Mr. LILLIE seems to have been dealt Bangkok, and the subject is discussed at with illegally, and although his. conduct length in the journal affected and the other has not been such as to win for him local papers. Mr. LILLIE has declared that much sympathy, he is entitled to a fair he will not leave the country voluntarily trial and to be allowed to defend and presumably he will therefore be placed himself. By proceeding against him by force upon a steamer leaving for Singa- as they have the Siamese Government pore or other British port. He has further will, to a large proportion of the public, declared his intention of taking legal pro- | appear to have acted tyrannically, and will ceedings in the home courts against the also attract attention to the writings com- British Minister in Siam. Meantime his news-plained of and give them a fictitious paper, the Siam Free Press, was advertised to be sold by auction on the 16th inst. The Siamese Government has no doubt received extreme provocation from Mr. LILLIE, but the course it has taken in expelling him ap- pears to be a blunder. The adoption of that course was only rendered possible by the withdrawal of British protec- tion from Mr. LILLIE, and the legality of the withdrawal is doubtful. Mr. LILLIE is not only a British subject, but has also, it is stated, complied with the forms necessary to establish his nation-
weight and importance. Their action will, moreover, in all probability prove futile to attain the immediate end aimed at, namely, the cessation of such writings, for with the powers believed to be behind the Siam Free Press it is to be presumed that the paper will continue to be published, though nomi- nally under a different editorship, and that it will still pursue an anti-Siamese campaign.
The Hon. H. E. Wodehouse has been invalided home and retires on a pension. He leaves in the Empress of China on Wednesday next.
The Attorney-General said that since the last date of the argning in this case, the argument with regard to the point of law on one of the issues raised in the action, the defendant had ruary, and from that time ceased to be Governor, left the colony. He left on the 1st Feb- and it became impossible for him, even if a man- damas had been issued, to comply with the desire of the plaintiffs that he should assess the damages alleged to have been suffered by the plaintiffs. If these were issues which arose
remedy songht in the action could not be given only in the action, it seemed to him that the object of the action had come to an end. The with any sort of reason, because it would be im possible for the defendant to carry out the prayer of the petition, and there was an element in the case which could not be lost sight of, namely, the exercise of the discretion of the Governor for the time being. It might be the name of the Governor for the time being, said why not amend the petition by putting in and suggestions of that sort had been made by letter but he denied that this could be done.
Mr. Francis, interrupting, said he objected to any evidence being put before the Court except by affidavit. He had simply come there to continue the argument on the issue of law. the Attorney-General had any application to He had not had notice of any application. If
make as to the dismissal of the suit it should be by notice. As he had said before, he was there simply to continue the argument on the issue of law set down for discussion before the Court
and for no other purpose.
The Attorney-General said he mentioned to the Crown Solicitor before coming to the Court that it might be necessary to file an affidavit as to the absence of Sir
William Robinson, but it seemed to him
to be one of those facts of which the Court
had taken notice. The fact that Sir William Robinson had ceased to be Governor of the colony was a public fact, seeing that it had been gazetted, and it seemed to him to be somewhat superfluous to make such an affidavit, but if one were required he suggested that he should make his application and his remarks might be
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