April 9, 1898.]
Mr. Slade and Mr. Francis applied for costs. The Chief Justice said the question of costs was wholly in the discretion of the Court aud as the appellants had grossly defrauded a poor ignorant man the Court would decline to give them any costs.
7th April
IN. PROBATE.
BEFORE SIR JOHN CARRINGTON
(CHIEF JUSTICE)
278
:
CHINA OVERLAND TRADE REPORT.
when the colony obtained a local legislature, which we might desire, more especially in regard the foregoing is the arrangement and erection champerty and maintenance were offences against to questions affecting trade with the interior of of the new Government piers along the Praya. the Common Law of England and that such China; but even here some advance has been As you are aware, the Committee in November Common Law was extended to Hongkong by the made aud it is becoming apparent that the last, responding to an invitation from the Supreme Court Ordinance, 1873, as not being. Chinese nation, after marking time in the march Government, nominated Mr. Ede to represent inapplicable to the local circumstances of the of events for centuries, will sooner or later have the Chamber on the Special Committee ap colony or its inhabitants. The Chief Justice, to fall in to quick step with her neighbours. pointed to consider and report on this question. however, held that to be guilty of champerty That this may come with despatch is devoutly Mr. Ede, with bis nsual readiness to serve a person must be guilty of maintenance and the to be wished, but whether the result be imme- the public interests, consented to undertake the authorities quoted showed that it was not suf-diate or not, it is evident that affairs in the duty, and I learn from him that the Committee ficient to pay money for the purpose of com- empire of China are undergoing a transforma-have made the following recommendations to mencing a suit, but that there must be actual tion which radically affects the position of trade, the Government-1. That Murray Pier remain intervention in a suit already commenced to and will mark an epoch in history. That the as it is. 2. That an open pier be built 120 support a charge of maintenance and that the financial necessities of the Government will feet long by 25 wide opposite the road leading- Magistrate had not found as a fact in the case prove to be the true key to open the door of to the Queen's Statue (Wardley Street). 3. sent by him to the Court that the appellants had this country to increased freedom of trade by That the present pier at end of Icehouse Street intervened after Mr. Monnsey had issued the the alteration of the present provincial fiscal will not be required when the Queen's Pier and writs against the P &0. Company. The only fact system seems more than probable, and once the Pedder Street Pier are built. 4. That the new found by the Magistrate as to this was that the multiplication of taxes in the interior is abo Pedder Street Wharf be constructed with a appellants initiated the proceedings. The lished, there is every reason to expect an in- solid base utilising the masonry already fixed finding of the Magistrate would therefore be creased volume of foreign trade. What we and from that base an open pier be built 200 reversed and the conviction quashed.
want, and what we must strive to obtain, is a feet long and 40 feet wide. 5. That if it be - Mr. Justice Wise said that the appellants hd fixed reasonable tariff of inland taxation, so that contemplated to remove the present clock tower, been concerned in a most iniquitous transaction
we shall know where we stand, and our mer- it be rebuilt of a suitable design on the base of but that the authorities shewed that mainten-chandise not be subject to the capricious exac- the Pier. 6. That in view of the advanced ance upon which champerty depended must be tions of every provincial official. It may seem state of Pottinger Street Wharf and the cost supported by intervention in a depending suit invidious to ascribe the development of trade of removing the solid masonry already in posi- and technically the case had not been brought with China to this cause rather than to the tion that wharf be completed on the original within the law.
desire for carrying out her treaties made with design. 7. That in view of the pressure of foreign powers, but the masterly methods so native craft along the sea wall no further Go- long employed by the officials to evade some vernment Wharves be erected between Pottin- of the terms of these treaties are so well ger Street and Nam Pak Hong Wharf except known that it would be idle to refuse to re- the Harbour Master's Pier. 8. That an open cognise the real mainspring of the pre- pier be built 60 feet long and 25 feet wide sent changing attitude. This is no dis-opposite Fronch Street. The Chamber were paragement of our diplomatic and consular called upon by Government to give their representatives. Quite the contrary. They have opinion upon a proposal by the Medical been extremely acitve and energetic during the Officer of Health for a systematic medical year in taking up all questions relating to foreign inspection of all vessels entering the wa- trade, and if the wind in Peking sets in this ters of this colony, the outcome of a recom. direction they may be depended upon to take full mendation from the Local Government Board. the exertions of Sir Claude MacDonald in such a scheme, which seemed to them unwork- advantage of it. I would particularly refer to Your Committee, while generally opposed to Peking, who, while advancing our interests, is able, considered that it would be better to first undoubtedly at the same since rendering good obtain an independent opinion from the ship- service to the country to which he is accredited. ping interest, and referred the matter to a We have to thank him for the promptitude with committee of gentlemen all of whom were which he has attended to our communications intimately associated with the shipping trade. on the lekin question, and for having favourably Their report, which was decidedly adverse to considered our views when we addressed him. the project, was adopted and forwarded to the We are also much indebted to Mr. Brenan, Government and it is satisfactory that as a H.M. Consul-General in Canton, for his advice result no attempt has been made to introduce a and assistance, which he has been always ready cumbrous and more or less costly piece of to gire, and which have greatly aided the machinery which we do not consider could have Committee in arriving at conclusions on various proved effectual for the purpose. Although occasions when we appealed to him. In local last year the colony suffered loss from quaran- tine restrictions at other ports than has been questions our efforts have met with some suc. cess, though perhaps not of a showy description. the case of late years, it is much to be regretted · First in order of these is the reduction of the that the same cannot be said of the present light dues to the amount levied before the time, and that restrictive measures are being imposition of the special Gap Rock light tax. adopted on all sides against us on account of As you may remember, our late Governor, the plague, which so far only exists in a before whom at the time loomed a probable sporadic form. The storm warnings in use deficiency in the Budget, was inclined to listen last year did not prove satisfactory. They to the voice of the charmer, and, while pro- had been the means, not so much of giving fessedly redeeming his predecessor's pledge to warning to mariners of disturbances at a to the colony by abolishing the special tax, distance, which is specially desired, as of to retain its substance by re-imposing it in the creating premature alarm among the Chinese form of a permanent addition to the light boating population, who were scared into seek- dues. Fortunately for the colony the Secretary ing a refuge directly the signals were hoisted, of State recognized the good policy of honestly and thereby the work in the harbour was redeeming the unconditional promise made by unnecessarily interrupted. Acting on a general Sir William Des Voeux. Mr. Chamberlain has, conceusus of opinion your committee suggested however, left the door open to an increase of a return to the meteorological signals formerly taxation on shipping should the financial state in use, and the Government, I am glad to say, of the colony be justified in requiring it, and promptly accepted the Chamber's suggestion. it behoves this Chamber, unless it should One more matter connected with marine I entirely altor its present v, to be prepared would notice and that is the Pinnacle Rock to meet any attempt in the future to under. Fund, the primary idea for utilizing which was mine the freedom of the port by the levy of by means of the officers of H.M. vessels which taxes on shipping in any shape or form. That might be engaged in surveying the coast, but this colony should take a retrograde step of this since the year 1891 there has not been one so description when our neighbours in Macao have employed and as the fund was thus assuming wisely abolished port dues would indeed be an the position of the talent hidden in a napkin, anomaly. You will see that we have had some your committee considered it time to take other correspondence with the Naval Authorities steps for its practical use, and accordingly en- in reference to the seaward extension of the tered into a rather voluminous correspondence Royal Naval Dockyard. We were glad to
with the British Consuls and Commissioners of receive assurance that this reclamation will not Customs at the various Treaty Ports in affect the fairway, and that if there is any Southern China, asking for their assistance in serions silting up along the New Praya the offering rewards for information.
Our hearty Admiralty will probably apply a remedy. We thanks are due to these gentlemen for having had hoped for a definite promise in reference to entered cordially into the scheme. It is to be the latter contingency, which we have reason to hoped that this new departure will bear fruit think extremely likely to occur, and we still presently in the discovery of some of those hid- hope that Commodore Holland's conditional den dangers to navigation which now and expression on this point will be fully redeemed again cause serious and unforeseen disaster. if necessary. Another subject not remote from There is one question on which I regret to say
Mr. M. J. D. Stephens represented Thérèse Guissani and Hannah Guissani, beneficiares under the will of the late Francis Francis, otherwise Guissani, who prayed that the sum of $5,7268, and any interest which had accrued, might after payment of all costs in relation to this applica- tion, be paid over to them in equal shares. Pur- suant to an order made by the Chief Justice on November 17th, 1897, notices were duly pub- lished in certain newspapers in Vienna and in the Hongkong Daily Press fixing yesterday as the date of the petition. An affidavit was filed by the Registrar that no claims except those of the petitioners had up to that date been made in respect of the amount claimed. In conse- quence an order was made in the terms of the petition.
HONGKONG GENERAL CHAMBER OF COMMERCE.
ANNUAL GENERAL MEETING.
On 5th April the annual meeting of the Hongkong General Chamber of Commerce was held at the rooms of the Chamber, City Hall, for the purpose of receiving the report of the committee and passing the secretary's ac- counts for the year ended 31st December, 1897. Mr. R. M. Gray (Chairman) presided, and he was supported by Messrs. Herbert Smith (vice. Chairman), G. B. Dodwell, N. J. Ede, A. Haupt, J. J. Bell-Irving, T. Jackson, N. A. Siebs, T. H. Whitehead (Committee), and R. C. Wilcox (Secretary). There also present Messrs. Gran- ville Sharp, J. Thurbarn, G. T. Veitch, J. Barton, G. de Champeaux, W. Poate, A. M. Marshall, J. H. Lewis, P. Jordan, G. Stewart, J. Mokie, S. S. Benjamin, H. Cook, J. M. Beat tie, J. R. Michael, B. L. Batliwara, F. D. Sethna, B. Byramjee, A. J. Raymond, P. Sachse, eto.
The SECRETARY read the notice convening the meeting.
The CHAIRMAN-According to our usual practice with your consent I will first confirm the minutes of the last annual meeting.
THE CHAIRMAN'S ADDRESS. The CHAIRMAN said-Gentlemen. In A-C- cordance with our usual custom I propose that the report of the committee and the Secretary's accounts, which have been in your hands for upwards of a fortnight, be taken as read. The report, as you will notice, touches on a fairly wide range of subjects, many of which require no further comment from me. We have not in every instance progressed with the rapidity
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