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"out delay. The navigation of the inland waters by British vessels had been success. fully initiated in various parts of China. The papers shortly to be laid before the "House would show that considerable pro gress had been made, Her Majesty's "Minister at Peking would continue to give "careful attention to the matter." Such optimism would be more amusing were it less criminal. How long is China's policy of procrastination and fraud to be denounced by everyone and acquiesced in by the Govern ment? That Sir CLAUDE MACDONALD should direct LI HUNG-CHANG to send in the report without delay-what a farce is this, when Sir CLAUDE is left powerless to iusist? "Her Majesty's Minister will continue to give careful attention to the matter." To distinguish our policy from that of "The Mailed Fist," we might style it "The Policy of the Power of the Human Eye."
HONGKONG LEGISLA¡IVE
COUNCIL.
On the 11th inst. a meeting of the Hongkong Legislative Council was held in the Council Chamber at the Government Offices, there being present:-
His EXCELLENCY the ACTING GOVERNOR (Major-General GASCOIGNE, C.M.G., Officer Commanding the Troops).
The Hon. F. H. MAY, C.M.G. (ACTING Colonial Secretary).
Hon. W.MEIGH GOODMAN (Attorney-Gene- ral):
A Hon. A. M. THOMSON (Colonial Treasurer).
Hon. R. D. OEMSBY (Director of Public Works).
Hon. A. W. BREWIN.
Hoo. H. C. NICOLLE.
Hon. C. P. CHATER, C.M.G.
Hon. Dr. HO KAL
Hon. E. R. BÉLILIOS, C.M.G.
Hon. WEI A YUK.
Hon. J. J. KESWICK,
THE HONGKONG WEEKLY PRESS AND
[April 14, 1900.
while Mr. Brewin had been sitting. As far as be was aware, on no occasion during the period had spy motion been carried or lost by one vote only. Therefore, whether Mr. Brewin had been sitting or not would have made no difference
RECTIFYING A MISTAKE, On the motion of the ATTORney-GeneraL, seconded by the ACTING COLONIAL SECRETARY, fee following Bill was reads Arst time:- legalize the proceedings of the Legislative as to the results. A Bill entitled An Ordinance to validate and Council of this Colony during the time that Mr. Arthur Winbolt Brewin illegally sat as a member of such Council, under an invalid pro- visional appointment.
The ATTORNEY-G NEBAL proposed the sus. pension of the standing orders. He considered that it would be a pity they should have which had been rendered necessary by a to meet two or three times to pass this Bill,"
techuical mistake.
The ACTING COLONIAL SECRETARY seconded and the motion was carried.
The ATTORNEY-GENERAL then proposed the second reading of the Bill. He observed that he did not know that it was necessary to add foot of the Bill, which et out the history of anything to the "objects and reasons "at the
the mistake which had rendered the Bill necess- ary. The “objects and reasons were:-
By the Royal Instructions in force in this colony. Her Majesty declared it to be Her plea. sure that the Legislative Council of the colony Governor (if any), the Senior Military Officer, should consist of the Governor, the Lieutenant- for the time being in command of Her Majesty's Regular Troops within the colony, the persons for the time being lawfully discharging the functions of Colhnial Secretary, Attorney General, and Treasurer of the colony, and such not exceeding three in number at any one other persons holding offices in the colony, and
such Instructions in the colony, were Off. time, as at the time of the receipt of oial Members of the said Council or as Her by any Instructions or Warrants under Her Majesty might from time to time appoint Sign Manual and Signet. and that all such per- sons should be styled Official Members of the Legislative Council, and further of certain Un. official Members not exceeding six in number as more particularly set forth in such Instructions. “It was also further declared by such instruc. tions that if any Member of the Legislative
Mr. R. F. JOHNSTON (Acting Clerk of Connoil, not holding one of the offices abore
Councils).
TAKING THE OATH.
named, should die, or become incapable, or be suspended or removed from his seat in the Council, or be absent from the colony, or if he The ACTING COLONIAL SECRETARY and the should resign by writing under his hand.or if his Hon. A. W. Brewin took the oath.
FINANCIAL.
The ACTING COLONIAL SECRETARY laid on the table the report of the report of the Finance Committee, No 6, and moved its adoption.
The ACTING COLONIAL TREASURER second- ed, and the motion was carried.
THE RELILIOS REFORMATORY, The Hon. C. P. CHATEE-In the absence of the honourable member for the Chamber of Commerce, I beg to ask the questions standing in his name, The questions are:----
(1) Does the Government, in view of the fact that a large area of recently cut soil is exposed all round the building, consider it safe to send boys into the "Belilios Reformatory' at Causeway Bay at any time within the next two years?
17
seat should become vacant, the Governor might, colony appoint in his place a fit person, to be by an instrument under the public seal of the provisionally a Member of the said Council,
|
The ACTING COLONIAL SECRETARY second- ed and the motion was carried.
The Bill then passed the committee stage and was subsequently read a third time and passed.
The Council adjourned sine dic. mig
SUPREME COURT.
April 11th.
IN SUMMARY JURISDICTION.
BEFORE SIR John CarringTON (CHIEF JUSTICE).
THE SUI WO CHUNG FIRM V. TSUI SHAN QHI.
This was a rehearing arising out of a case which came before Mr. Justice Wise last year, viz the Sui Wo Chung Firm v. Tsui Ching Fuk and Tsui Shan Chỉ, being a re-hearing as against the second defendant. The plaintiffs die for goods sold and delivered. The claim claimed from the defendants the sum of $1,095 was reduced to $1.000 to bring it within the jurisdiction of the Summary Court.
Mr. Sharp (iustruoted by Mr. Ewans) appeared for the plaintiff firm, and Mr. Slade (instructed by Mr. Reece) for the defendant.
against the second defendant in a case which Mr. Sharp said this was a re-hearing as
precisely a year ago. The origing suit in the was originally heard before Mr. Justice, Wise present case as against the second defendant goods sold and delivered as per account admitted was for the sum of $1,095-18, balance due on by the defendant.
Mr. Slade said perhaps he could save time if he said that the debt was originally incur- red by the firm, but that the second defendant was not a partner in that firm, and secondly that the debt was settled by payment of a com- position.
Mr. Sharp said he quite understood that. He meant to say that he anderstood that the original debt as against the firm was admit- ted, not as against the second defendant. He was aware that his friend was going to set. up this composition. The history of the case was dealings in Hongkong with the second de- briefly this. The plaintiffs had had business fendant for very many years-for about dated 11th May, 1895, Mr. May was in 1896 at the beginning of such business dealings was "In pursuance of Her Majesty's warrant, eight or nine years. The second defendant sworn and admitted to be an Official Member not connected with the Nin Yu Arm, which of the said Council for so long as he should hold his office of Captain Superintendent ofistence, but was accountant to the Sun Shing 80 for as they knew was not then in ex. Police of the Colony.
"
"Mr. Lockhart, the Colonial Secretary having left the colony on leave of absence, Mr. May was, on the 9th February, 1900, appointed Acting Colonial Secretary and, thereupon, as being “the person lawfully dis- charging the functions of Colonial Secretary he became es officio a Member of the Legislative Council It seems to have been erroneously assumed that the seat Le held in pursuance of the Queen's Warrant thereupon became vacant without any formal resignation thereof by Mr. May, and the Governor, accord. The ACTING, COLONIAL SECRETARY-Iningly, on the 9th February, 19 0, provisionally answer to the first point of the question, I have to state it is not the case that a large area of recently cut soil is exposed all round the build- ing. The site on which the Reformatory stands was out/years ago and no soil has been out to
(2.) Will the Government before sending any boys into the Reformatory obtain a detailed medical report as to the sanitary condition of the surroundings of the Reformatory?
appointed Mr. Brewin to be an Official Member of the Legislative Council to fill the supposed vacant seat.
4
frm. For some years that the plaintiffs had dealings with the defendant it was as account ant of the Sun Shing firm. Six years ago the defendant came round to the plaintiffs and told them that he was about to set up business on his own account under the style of the Nin Yu firm. He also informed them that his father, who was unknown to them and who, Hongkong, bat in Swatow, was to be his as far as they know, had never lived in partner in this new business. He should be able to call ovidence that the second defendant obtained credit for this Nin Yu firm from many of the customers he used to deal with when in the Sun Shing firm, on the statement that this new business was his own business, either wholly or partly. He would-draw his Lord- ship's attention to the various steps in these proceedings. The accounts
speak of within the last 18 months. In answer writing under his hand" the seat be held in tiffs and the Nin Yu 6 Petween the plain-
legalize all the proceedings of the Legislative Council while Mr. Brewin was illegally sitting under the invalid provisional appointment."
"It now appears that the proper course would have been for Mr. May to have "resigned by to the second part of the question, I have to pursuance of Her Majesty's Warrant, and thus state that undoubtedly the Government before to have rendered the seat legally vacant. This placing boys in the Reformatory will obtain a course has now been adopted. It is, however, medical report as to the fitness of the In-both expedient and necessary to validate and stitution for their reception. The site in -not likely to be a feverish one, for the build
ings occupied by Europeans in the immediate vicinity are free from fever, and more. over I am informed by the architect that the workmen who have been engaged in erect ing the building have not suffered from fever,|| which in a very hopeful sign. It has been generally found that when a building is going 40 be favezish uthe workmen engaged on it are mbjest to fever.
Continuing, the ATTORNEY-GENERAL, said he was not consulted in the matter. It was sup- posed that the ordinary course bad been taken, and a slip was made. When the mistake was discovered it was thought best to make a clean breast of it and to correct the matter by bring ing in this Bill, which would prevent any one objecting to anything done by the Connoil
were settled with punctuality until Chinese New Year, 1899. Then the plaintiffs' accountant, a
man who had occupied the post for twenty years, called as was his custom upon the defendant, who represented the Nia Ya firm in Hongkong. It appeared that the second defendant admitted the debt, but he asked for time on the ground that the firm was short of money, as subsequently proved to be the case, but that he hoped he would be able to pay something during the next few months. Several applications, were made to the defendant for the money during the course of the next few weeks. plaintiffs discovered that the defendant had Finally the disappeared from Hongkong gone
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