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حيرة عن الام
March 25, 1899.]
Their rights under the contract were merged in their rights under the judgment. Plaintiff founded his contention that the sum of over £500 was reached upon the contract contained in Article 21 of the Articles of Association, and defendant founded his contention upon the
CHINA OVERLAND TRADE REPORT.
Chinese of Hongkong than Mr. Lockhart, (Hear, bear.) Even since his first arrival in the colony 20 years ago he had been regarded by the Chinese as their friend, and as years went by his reputation became greater. Mr. Lockhart spoke the Chinese language finently,
contact with the Chinese people. It had been a source of much satisfaction to the students that one who was in such complete sympathy with them should be the head of the College.
There being no other motion His Excellency declared Mr. Lockhart re-elected.
doctrine that the debt due under the contract and was thus brought into close relations and | Excellency determine to carry thron, PERO
merged in the judgment debt, and upon the fact that by the law of England, which was the law applicable, only 4 per cent. was due upon a judgment debt such as this, and that the result of giving 4 per cent, was to leave the amount considerably below the appealable value-2500. Mr. Robinson proceeded to quote cases in sup. port of his contention.
Mr. Pollock said his contention was that the interest upon the call stood by itself—that it was not subsidiary. He submitted that it would be quite possible for the liquidator of the Bank to commence to-morrow, an action against Har- doon, and in that action, under the provisions of these Articles of Association, to recover
against Hardoon interest at the rate of 10 per cent. from the 15th November, 1895, right up to the present date. This would bring the amount now in dispute to about the appealable amount.
The Chief Justice said the court would re- serve judgment. He must say frankly that if the court had power to grant the appeal they would be glad to do so. Of course if they came to a clear conclusion that they had not the power they would not grant leave.
21st March.
The Chief Justice, in delivering judgment,
said that as far as he could see the amount was
not of the appealable value and the court had no power to grant leave to appeal. He regret ted that it was 80. He should have been glad if the conclusion had been the other way, be- cause, as he had said already, there was an im. portant question involved, and he thought it might very well have gone before the Privy Council for decision. If the court had had
power to grant leave to appeal on the ground of the importance of the question raised, they would have granted it; but they had no such power. They had, therefore, come to the conclusion that they had no power to grant this leave to appeal, and the decree nisi must be discharged.
The Puisne Judge concurred.
Mr. Pollock suggested that it was a reason. able thing for them to apply to the court for leave to appeal, and that in consequence each side should pay its own costs.
The court agreed with this.
COLLEGE OF MEDICINE FOR CHINESE, HONGKONG.
ELECTION OF RECTOR AND PRESENTATION OF DIPLOMAS,
MR. FRANCIS ON THE CLAIMS OF THE INSTITUTION.
On the 22nd Marob a meeting was held in the Chamber Commerce Hall, City Hall, in connection with the College of Medicine for Chinese, Hongkong, for the purpose of electing a Rector by the General Council and students and the presentation by H. E. Sir Henry A. Blake, G.C.M.G., of diplomas to students who have completed the curriculum of study. There was a good attendance, among those present in addition to His Excellency being Bishop Hoare, the Hon. J. H. Stewart Lockhart, the Hon. E. R. Belilios, the Hon. Dr Ho Kai, the Hon. R. M. Rumsey, Mr. J. J. Francis, Q.C., Dr. Thom. son, Dr. Clark, Dr. Gibson, Dr. Harston, Dr. Bateson Wright, Mr. D. Crawford, the Japanese Consul (Mr. K. Uyeno), the Portugese Consul (Mr. A. G. Romano), Mr. Granville Sharp, and Mr. Ho Tung
HIS EXCELLENCY commenced the proceed. ings by mentioning the object of the meeting. He added that they would have the pleasure of hearing from Mr. Francis in a very short time
A history of the College.
The Hon. E. R. BELILIOS, in proposing the re-election of the Hon. J. H. Stewart Lockhart as Rector, said that a more honourable or a more persevering man they could not find.
Mr. Ho NAI HOP, one of the successful students, seconded. He said that no man was held in higher honour and respect among the
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on that occasion two students who had gone through the fall five years' course were pre- sented with diplomas. On this occasion Dr. Cantlie spoke, and in addressing General Cameron, who was at that time presiding, made use of this expression :—" Should
foundation of such an Institution you will find local obstruction and difficulties. Techni« cal obstruction from departmental heads; legal difficulties from the Medical Board; mone- tary tussles with a Legislative Council. #All these will have to be overcome, and they can be overcome by bearing in mind the great principle -one is fighting for no other than the intro- duotion of science and the art of medicine to Chius." Unfortunately what Dr. Cantlie then predicted came true. Every effort that was made to obtain either recognition or support from the Government came to nanght through one or other of these causes which were so very clearly indicated by Dr. Cantlie in his speech, The first thing in which one little advance bad been made was in getting the name of the College inserted in the Medical Registration Amendment Ordinance 1893, but this was
The Hon. J. H. STEWART LOCKHART briefly returned thanks. He remarked that he could assure them that it would be his pleasure as it would be his duty to do all in his power to further the interests of the Institution, which he trusted would continue to prosper. (Applause.) Mr. J. J. FRANCIS, Q.C., then gave an ex- haustive account of the difficulties of the College, emphasising the rebuffs it had met with and the claims which it had upon the Government. He said this College of Medicine for Chinese was founded in 1887. Through the munificence of Dr. Ho Kai the Alice Memorial Hospital for coupled with such conditions that the additions so Chinese had been founded in this city in the made to the Ordinance were perfectly useless to early part of the year. Dr. Manson and Dr. them. In December, 1995, application was Cantlie saw at once that in connection with made to the Government to give some recog this Hospital there must be necessarily a Chinese nised status to the College and to the licentiates staff of dressers or students or other assistants, who had passed through and received their that they had to be taught and trained, and diplomas. Heads of departments raised objec- that, as Dr. Manson put it, it was just as easy tions; the Medical Board raised objections; to teach and train 30 or 40 or 50 as to train
the Attorney-General and the Acting Attorney- half dozen, and the idea of the College of General raised objections; and there was no- Medicine for the Chinese originated out of body sufficently strong at hand at the time to and was based upon the existence of the Alice
overcome these objections and to see through Memorial Hospital and of the assistance which it them. It was pointed out on all hands that could render in the cause of medical enducation because the curriculum in this College was not in Hongkong. The result was that Dr. Manson apparently equal to the high standard required and Dr. Cantlie between them organised this in England therefore no grade, no recognition, no status whatever should be given to their College for the training and education_of
The students. They did not ask and they never Chinese in western medical science. establishment, so far as the government of it asked that they should be placed in any shape was concerned, was modelled upon that of the
or form on the same plane as the registered Scotch universities and Scotch colleges, with medical practitioner arriving here with diplo the details of which both Dr. Manson and Dr.
mas from a leading English medical institu- Cantlle were intimately acquainted. When the tion. They asked deliberately that some Ordin- College started it had no house, no building, no
ance should be passed which would recognise funds. It had absolutely nothing to start with their students as having some status, and which but the consent of the managers of the Alice would differentiate them in some way from the Memorial Hospital that the building and all Chinese medical practitioners in the colony who the accommodation it could afford should be at
were withont medical training and without medi- the disposal of the students and of the professors cal knowledge. In 1896 they applied for an of the College, the goodwill of the actually endowment. Mr. Belilios, with his usual practising members of the medical profes-liberality, had offered to the Institution a sion in Hongkong, and the guidance and energy of Dr. Manson and Dr. Cantlie. At that time the Institution had no funds, no home, and no apparent means of getting any. It commenced with half a dozen students. | The course was to be a five years course of study, assimilating as nearly as possible to the curriculum in force in England. The students were to pay at the rate of $60-since reduced to $40-a-year for the five years of their course, and beyond what the College received from these students by way of fees and in the way of charitable subscriptions from the public, there were no other funds and no other resources. He was sorry to say that the Chinese College of Medicine was, in spite of the promises made to
of the sympathy which had been offered to them by successive Acting Governors and Governors, in pre- cisely the same position this day. They were depending upon the good-will of the manage- ment and directors of the Alice Memorial Hospital for what house accommodation they had. Their students lived there, they were taught there and many of the rooms in the Alice Memorial Hospital were like the article of furniture described by Goldsmith, which was made "A double debt to pay, a bed by night a chest of drawers by day." There was not a single paid official in connection with the College-there was no money to pay them with. The teachers, the professors, the leo turers were members of the profession practis ing in Hongkong, who gave their services out of their love of learning, out of their de- aire to do good. (Hear, hear.) The first time he believed the Institution came before the notice of the publie on an occasion like that was on the 23rd July, 1892. On that occasion the first diplomas were presented. The In- stitution had been in operation five years, and
them and
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piece of land worth $10,000 and $30,000 - in money to put them up a suitable build. ing. He offered that on condition that the Government would grant them $40,000, The Government referred the whole proposal to a committee to suggest and recommend the best form which a medical college for the instruction of the Chinese should take in this colony. The committee in their report simply ignored the existence of this College for Medi- cine-treated it as though it did not exist, and recommended the formation of a Medical School for Chinese on purely Governmental lines, with the Colonial Surgeon at the head and Govern- ment officers thick and thin all over it from top to bottom. (Laughter.) Mr. Francis proceeded to argue in favour of the College being accorded the status asked for, and the financial aid from the Government which it so well deserved.
Dr. CLARK then read the diploma, Dr. Ho KAI subsequently reading it in Chinese. It waS as follows" College of Medicine for Chinese Hongkong. We, the Dean, Lecturers, and Examiners of the College of Medicine for Chinese, Hongkong, hereby declare that having attended courses of lectures during period of five years in the various departments of professional study required by the College, has been examined and has duly satisfied the Examiners, in each of those subjects; that he is qualified to practice medicine, surgery, and midwifery; and that by the Authority of the Court of the College he is hereby granted the title of Licentiate in Medicine and Surgery of the College of Medicine for Chinese, Hongkong (L.M.8.H.) In witness whereof we have hereto set our signatures on this— day of — in the year Eighteen hundred and ninety-nine, being the year of the Chinese Cycle—”
The Hon. J. H. STEWART Lockhart mid it was his pleasant duty to present to His Excellency
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