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THE HONGKONG: WEEKLY PRESS AND
referred to should-be followed before any Bill is submitted even for the first reading.
The Bill passed its first reading, the Hon. T. H. Whitehead and the Hon. C. P. Chater" voting against.
The Hon. J. J; KESWICK-If I should be in order I should like to ask on behalf of the Hongkong and Kowloon Wharf and Go. down Company for permission t, be heard by counsel at the second reading.
His EXCELLENCY the GOVERNOR-I have,] no doubt the Council would be pleased to hear counsel.
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The ACTING ATTORNEY-GENERAL-The
honourable member is quite right in moving at this meeting to preserve his rights,
Hon. J. J. KESWICK-Sir, on behalf of the Hongkong and Kowloon Wharf and Godown Company I beg to ask Your Excellency's per- mission that Counsel be heard at the second reading of the Piers Ordinance The passing of this Ordinance would, the Board of Directors are advised, affect the rights which the Com- pany enjoys by virtue of existing Ordinances which it is proposed to repeal, and that is their reason for wishing to be represented by Conn- sel at the second reading.
The Hon, C. P.. CHATER seconded, and the motion was carried.
Subsequently the ACTING ATTORNEY-GEN- ERALsaid With regard to the motion made jast now by the Honourable J. J. Keswick for Coun. sel to be heard on behalf of the Hongkong aud Kowloon Wharf and Godown Company I would point out to the honourable gentleman that ac- cording to Standing order 52 there ought to be a petition presented to show the reasons why it is desired that counsel should be heard against the Bill. I am sure it would be a very great assistance to honourable members of this Council to have a petition presented setting forth the reasons for the opposition to the Bill.
His Excellency the GOVERNOR-I hope that
the honourable member will send in a petition which may be circulated among the members.
The Hon. J. J. KESWICK-I will attend to it.
OTHER FIRST READINGS.
The following bills passed their first readinga without comment :-
A Bill entitled An Ordinance for the Na- turalization of Ts oi Yeuk-shan.
A Bill entitled an Ordinance for the Na- turalization of Fan Naug, alias Fan Sau, alias Fan Pat Sha, alias Fau Tua Shia.
A Bill entitled an Ordinance to further amend the Public Health Ordinance, 1987.
A Bill entitled au Ordinance to amend the Arms Consolidation Ordinance. 1995.
A Bill entitled an Ordinance to amend the Liquor Licenses Ordinance, 1894,
A Bill entitled as Ordinance to further amend the Cattle Diseases, Slaughter Houses, and Markets Ordinances.
A Hill entitled an Ordinance to authorise the appropriation of a supplementary sum of $308,672.87 to defray the charges of the year 1898.
THE LAWS RELATING TO CRIMINAL
PROCEDURE,
The Council went into committee to consider the Bill entitled an Ordinance to consolidate and amend the Laws relating to Criminal Pro- -cedare in the Supreme Court.
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No amendments were made in committee, and on the Council resuming the Bill was read a third time and passed. .
ADJOURNED.
The Council adjourned until Tuesday next.
SUPREME COURT.
19th June.
CRIMINAL SESSIONS.
BEFORE HIS HONOUR W. MEIGH GOOD-
(ACTING CHIEF JUSTICE)
MAN
RETURNING FROM BANISHMENT.
Chang Tsoi alius Wan Ho was charged with disobeying an order of banishment.
In reply to the charge prisoner said he was not guilty; he was never deported; but he left the matter with his lordship.
The following composed the jury :-Měssra. Leopold Schinz, Haug Mak Hoi, Sebastian Francisco Xavier de Rozario Prima, Alex. Rodger, Johannes Wacker, Robert Cooke, A JE. da Silva.
Mr. Carl Marie Teesing had been summoned as a jurior, but he did not answer when his name was called, and he was ordered to be summoned to attend at ten o'clock this morn. ing.
The Hou. H. E. Pollock (Acting Attorney General) said he had been summoned to a meeting of the Executive Council at eleven o'clock that morning, and he asked his lordship to allow his learned friend Mr. Robinson to prosecute on behalf of the Crown.
Mr. Robinson said a banishment order was issued against Chang Tsoi, for a period of five years from November, 1896. Prisoner was found in the colony some time last mouth, and it was alleged that he was Chang Tsoi, though he now gave the name of Wan Ho.
Sergeant Collett produced the order of banish ment and also a book containing particulars of persons banished with their photographis.
Before witness could conclude his evidence. Prisoner, interrupting, asked his lordship not to proceed with the case. The photograph was his; he was Chang Tsoi.
His Lordship remarked that if he had plead ed guilty before the Magistrate he would not have been sent to the Supreme Court for trial He would be sentenced to 12 months' hard la bour.
A CASE OF THREE MEN IN A BOAT, Keung Sang was charged with larceny of seven pieces of clothing and a pair of shoes, value $8.
Prisoner pleaded not guilty.
The following composed the jury:-Messrs. H. E. Krol. F. C. Shuster, C. L. Gorham, P. de Cherie Morris, A. Mackenzie, James Beattie, and Tong Tsung Chai.
Mr. Robinson said that this was a case of three men in a boat-complainant, defendant, and another mau. Complainant and another mau went away, leaving some clothes and de- fendant iu a boat. They came back a com- ple of hours later and found defendant gone, and so were the clothes. That took place on the 11th September last year. Last mouth complaiùent-Chung Kit-met defen. dantaud gave him in charge. Defendant did not deny having the clothes, but said they had been given to him to pawn so that he might raiso
money on them.
Un complainant being called it was found that he was not present, neither was another witness Toug Sing.
The ACTING ATTORNEY-GENERAL-With regard to this Bill, I have laid upon the table of the Council the report of the Standing Law Committee on the Criminal Procedure Bill, and in addition to that report there has also been circulated a separate sheet of paper show- ing in what respects the amendments proposed by the Law Committee affect the Bill us read a second time, also a print of the whole Bill showing how the Bill will read if the amendments proposed by the Law Commit-day. tee are adopted. I propose under Stauding Order 41, if no honourable member hus noy objection to make, to more the adoption of the report of the Standing Law Committee in order that it may be dealt with in the same way as a Bill reported upou by a committes of the whole Council.
His Excellency the GOVERNOR Has it been certified by the ChairmaU.
The ACTING ATTORNEY GENERAL-Yés, sir. The Hon. C. P. CHATER seconded, and the motion was carried.
Luspector McNab said he saw Toug Sing on Sauday and warned him to be at Court that
Chan Kit is employed as a scavenger at the Ceutral Market. and Chan Tin, the head scavenger, was sent for and asked how it was that Chan Kit had not attended the Court. He said he did not know. Chan Kit went away on Sunday without asking permis. sion and bad not returned yet. He did not| know whether Chan Kit was in the colony or not.
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June 24, 1899,
His Lordship gave directions for search to be made for Chan Kit and Tong Sing, who are liable to a fine of $200 for not appearing.
THE CHARGES AGAINST MOBRIS E. MICHAEL.
Morris Edwards Michael was charged with s attempting to obtain goods by false pretences.
Defendant pleaded not guilty. Defendant having no objection, the jury was the same as in the previous cASE.
Mr. Robinson said defendant stood charged upon two counts, which were, briefly, as follows: The first count was that he attempted to obtain goods by means of false pretence of a compradore order, and alleged the false pretence to be that he pretended that he had authority to draw that order to $182.50 upon the com- pradore of the Hongkong and Shanghai Bank. The second count was that he attempted to obtain goods by falsely pretending by means of the same compradore order that such order was a good and valid order for the payment of money, whereas in trath it was not, but only a piece of waste paper. It might be that if they found defendant guilty on one count the jury would have very little trouble in finding him guilty on both. The charges were almost the". same only in slightly different form. Defen- dan went to an Indian shopkeeper and chose an assortment of silk goods and then offered to pay for these goods by a compradore order taken out of a book which would be produced and in favour of Cassim Mahomed and Co. for $182:50, drawn on the compradors of the Houg- kong and Shanghai Banking Corporation. De fendant tendered this compradore order, but the shopkeeper refused to accept it in payment. Defendant attempted to get it back, but the shopkeeper insisted upon retaining it. It was on Saturday (May 20th), and the shop- keeper said he would retain it until he had made enquiries on the Monday and if it to be a false and fraudulent turned out document he intended to prosecute. Besides this shopkeeper, whose name was Cassim Ma- homed, there was a man present during part of the proceedings named Fakeera, who would be, called as a witness to corroborate the facts he had mentioned.
The evidence given at the Magistracy was then repeated, the case for the prosecution con- cluding at tiffin time.
After tiffin the Acting Attorney-General (the Hon. H. E. Pollock) re-appeared and took up the case.
His Lordship asked defendant what he had to say.
Defendant said he should like to call as a witness an old man who was in the shop at the · time he called.
His Lordship pointed out to him that he should have told the Magistrate what witnesses he wished to call. However, the man could be sent for, and while they were waiting defend- ant had better make his statement.
Defendant then read a statement in which he said he did not use the Hongkong and Shanghai Bauk compradore order with intent to defraud. He admitted he hal the compra- dore orders printed, bat with no intention to
defrand. The sums mentioned on two of the counterfoils in the book had been paid.
Young Him Poug, compradore of the Char- tered Bank, was called by defendant. He said. ho remembered defendant calling upon him, but he did not remember the date. Defendant came to his office with a book which appeared to be a compradore order book in connection. with the Hongkong and Shanglai Bauk. De. fendant consulted with him about giving orders to people who supplied him with goods, such orders to be made payable a few days after the orders were given, so that in the meantime he could place the money in the hands of the compradore. He believed defendant, in answer to his question as to where he got the com- prodore order book, admitted that he made it himself.
ཎྞཱ་
In answer to his Lordship, witness, said ho declined to come to any such arrangement with defendant as the latter raid he had come to with the comprodore of the Hongkong and Shanghai Bank.
Leung Tin Shan, a clerk in the Hongkong and Shanghai Bank, said he remembered defends Under the circumstances a formal verdict ant calling at the Bank and saking for the com of not guilty was returned, and defendant | prodore. He told him he was not in—that he was discharged.
had gone to tiffin. · Defendant told him he
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