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Government go warily and refrain from Interference with foreign trade, and keep faith wit
with the Treaty Powers by upholding the provisons of the Treaties, it
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THE HONGKONG WEEKLY PRESS AND "China all along the route from the place “ of origin to the point of shipment—a taxa. tion amounting to about 25 per cent. of "the cost, whilst the tea of other countries is possible they may avoid complications."(India, Ceylon, etc.) are free of duty, But if they permit violations of the tariff neither the improvement of the leaf nor aud
a multiply imposts on Foreign" goods "the reduction of the original cost can be they are sure not only to provoke a wide- "reckoned as prime factors in the question. spread irritation but to eventually furnish "The wonder is that an article so heavily ground for active intervention, Even now handicapped 8 China tea is in the matter evidences are accumulating daily of the "of duty and taxes should still hold a res- evil effects on foreign trade of the continued "pectable place in the world's markets and and grievous exactions placed on trade in **still retain such a large share of foreign exces of the duties sanctioned by the patronage. It would almost seem as if,
看看 even without any
other alteration in the tariff Moreover, the Peking Government wilfully shut their eyes to the mischievous present state of affairs, China tea, with folly of allowing auti-foreign outbreaks A wise removal of, say, half its fiscal to occur in various parts of the Empire. burdens, could hold its own with its Murders of foreign subjects will now be "modern rivals, to the immense benefit made the occasion for fresh demands by of the Chinese Government and people." some of the Powers, and they will alienate The 25 per cent. mentioned by Mr. the sympathy of the must longsuffering of HUGHES as the amount of taxation to China's friends. What is wanted just now which Kiukiang tea is subjected is some- are two conditions; namely, that trade shall what less than the amount given by com- not be unduly hampered, and that the petent authorities at other
ports. Mr. persons and property of those pioneers of BEENAN, in the Cauton Consular report for progress now endeavouring to open up the 1897, placed the figure at 35 per cent., Empire shall be scrupulously respected. while Mr. CASS, of Anoy, in a review of the Given these two conditions, and the Sick tea trade suppliel by him to the Consul and Man of Cathay may secure as long a fresh incorporated in the 1896 report, said the lease power as the other Sick Man of reason for the decline was not far to seek Europe has enjoyed. At present, under the the entire crop realised $136,000, while the guidance of the Empress Dowager and Li lekin paid amounted to $20,000 and the HUNG-CHANG, Chim is, as it seems to us, export duty to $85,000, or a total of $55,000, simply riding for a fall,
considerably more than one-third of the value of the tea. The result is that at THE CHINA TEA TRADE AND ITS | Amoy the tea trade has practically ceased
OVER-TAXATION,
(Daily Press, 4th July.)
The over-taxation of the China tea trade and the consequent reduction of the export is an oft told tale. It is, however, some- What of a novelty to have the circumstance used as an argument in favour of the partition of China, and that, too, by one of the erstwhile strongest supporters of the policy of maintaining the integrity of the decaying Empire at the cost of Great Britain. In a review of the report on the trade of Kiukiang in 1898, by Mr. T. F. HUGHES, Commissioner of Customs, the NC. Daily News reproduces the Commis- sioner's remarks on the results of the over- taxation of tea, and exclaims :
"Can
to
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to exist.
SUPREME COURT.
30th June.
Special Criminal. Sessions.
BEFORE HIS HONOUR W. MEIGH GOOD.
MAN (Acting CHIEF JUSTICE.)
THE UN LOONG MURDERS.
Tang Ching Sz and Cheng Ting were charged with the wilful murder of Tang Cheong, at Un Loong, on April 18th.
The Acting Attorney-General, Hon. H. E. Pollock (instructed by Mr. Bowley, Acting Crown Solicitor) appeared for the prosecution
and Mr. Slade for the defence.
The jury was composed of Messrs. Thomas Grimshaw, G. J. Casanova, C. S. Gubbay. A. R. Riddle, R. Abesser, G. E. Huijgen, and A. Andrew.
Mr. J. Dyer Ball acted as interpreter. The evidence for the prosecution was con- tinued.
Mr. Slade, for the defence, argued that the Court had no jurisdiction, inasmuch as at the time the offence was committed the laws of the colony did not apply to Un Loong.
1st July.
anyone doubt that the partition of Chitia among intelligent and progressive For reigu Powers will be immensely to the benefit of the Chinese people?" Truly it is difficult to conceive how anyone can doubt such a self-evident proposition, but our contemporary used nevertheless argue strongly against partition. But what over may be said as to the antagonistic policies of partitioning China or maintain ing the integrity of the Empire the des- traction of the tea trade affords convincing proof of the unfitness of its present rulers to administer the Government and de- monstrates the desirability of bringing thejection on the ground that the prosecution had country's finances under foreign control. This would follow naturally upon partition, but it is none the less desirable in the event of the country's integrity being pre- arved. In fact reform of the finances would afford one of the best guarantees inst partition, and reform of the Does can only be brought about by
ssistance and control.
The previous day Mr. Slade had raised an ob-
not called evidence to prove that Un Loong was under British jurisdiction.
do so.
ई.
[July 8, 1899.
Court taking judicial notice of Un Loong would being in the new territory? They simply laugh at English law if it broke down on that point. He should rather be inclined to strain a point on what was morally right, than allow a technical objection when there was no opportunity of meeting it. If Mr. Blade were to prove that this place was not in the colony there would be an end to the matter, but the question was whether it would not be safer to have the evidence called as a matter of precau- tion. The judges in the cases quoted by Mr. Pollock considered that when a flaw was pointed out in the prosecntion, it should be amended while there was an opportunity. That was certainly common sense.
The Acting Attorney-General said the cases he had quoted showed that the Court could, wherever the substantial ends of justice re- quired it, direct that further evidence should be called. Of course his Lordship would bear in mind his contention that it was quite com-
petent for the Court to take judicial notice that this crime was committed within British juris- diction.
His Lordship-Do you to propose to call wit nesses on the point!
The Acting Attorney-General-I would rather suggest to your lordship that the proper course would be for the Court to call witnesses.
His Lordship thought that the proper course, to avoid any difficulty, would be to call witnesses to prove the matter. He was not laying it down that the prosecution had got to prove this point; he believed the Court could take judicial note of these things. What evidence was there present on the point
The Acting Attorney General said Mr. Ormsby was there and one of the Delimitation Committee and the Captain Superintendent of Police.
Tang Hing, who had already been called as a witness, was recalled to prove that the place where the crime was committed was in the new territory. After a few preliminary questions, His Lordship said-Taking about a radius of a mile round Un Loong, is that included in the new territory taken over by the British Govern- ment ?
Mr. Slade-I object to the question. It can be nothing but hearsay ou the part of this man. It ought to be properly proved, and can be proved specifically.
1
His Lordship (to witness)-Are the Chinese Magistrates still exercising jurisdiction in Uq Loong or are the English people exercising jurisdiction there?
Witness-It is now under the jurisdiction of the English officials.
His Lordship osused the Clerk of the Court (Mr Jones) to read the Government Notifica tion dividing the territory into subdistricts, and then asked the witness if the villages men- tioned in the district of Un Loong were in Ung Loong.
Witness certified to the correctness of the description of the district of Un Loong. ⠀⠀⠀
His Lordship then stated he was perfectly satisfied that the place where the crime was committed was in the new territory. Referring to the question raised by Mr. Slade that the Governor's proclamation extending the laws of Hongkong did not come into effect until after the 17th April, his Lordship said for the pur- poses of the case before the jury he would rule that "from the 17th" included the 17th.
Mr. Slade said with his Lordship's permission he had to raise another objection. It had been laid down by the Privy Council in the case of the Imperial Japanese Government v. the P. The Hon. H. E. Pollock dealt at some length | and 0. Company, 1895 Appeal Cases, that with this point, quoting cases to show that if reference to Orders in Council based upon the Court thought fit in the interests of justice Treaties, it was clear that the powers conferred to call additional evidence on the point it could by the Order in Council must be interpreted by the Treaty. Now, the Treaty in this case was the Convention made between the Emperor of China and the Queen By the Convention the Emperor of China gave up bis jurisdiction in the territory and handed it over to Great Bri- tain. It was perfectly clear that the Emperor of China had not got the right to give any jur- isdiction which he had not got. By other Treaties the Emperor had no jurisdiction over, say, Americans in the territory, az ex-territor- ial Treaties were in force in the territory. Thøre- ahis Kiukiang Customs report, to do so. What injustice could be done to fore under the Convention he granted Great
Britain rights he had already granted away.
in tea are agreed that the de- to retrieve the fortunes of the China trade are improved cultivation an
and mipulation, and a reduction in the cost of duction. So long, however," says Mr.
the present heavy taxation exists in
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His Lordship said this was not like a game of shess where the skill of one player was set against the skill of another. They were there to administer justice. When the counsel for the prosecution said, "I have finished; that is my 'case,' and the coun-el for the other side said, “There is something you have not proved; you have not pro- ved that this place is in the colony," the judge might be of opinion that it was, not necessary to it; but if it was, now was the only tirae prisoner who did not take any objection to the
prove
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