November 3, 1900.]
award the Attorney-General had to make some suggestion as to what it was, and he said it was an act of grace. With reference to an act of grace the learned Attorney-General had, he thought, rather overshot the mark. In one portion of the argument which he pressed very strongly on his Lordship the previous day as a most complete answer to the other portion of his argument, he pointed out and cited cases to show where the Legislature directed certain work to be done and made no pro- vision for compensation and no compensation was by any possible means recoverable. If the Legislature here had intended to authorise the work to be done and had intended that no legal claim or right to compensation should exist,
all it had to do was to omit all mention of com- pensation to empower the Governor to do the work and say nothing about compensation at all. But it would have been quite open to the Gover- nor as representing the fountain of grace. Her Majesty the Queen, and as possessed of full per. sonal power over the land in the colony and the money in the Treasoury, by his nominated Legislative Council, the members of which had to simply obey his orders, to have given as an act of grace any compensation in land or money. The Government did not want the powers to be included in an Ordinance to authorise him to do an act of
CHINA OVERLAND TRADE REPORT.
POLICE COURT.
26th October.
BEFORE MR. F. A. HAZELAND.
TRIAD SOCIETY CASE.
Chan-Sau, a stone-carrier, residing at 11, Lan U Lane, was charged on the information of Lance Sergeant Lander, with being a member of an unlawful society to wit, the Triad Society. Defendant pleaded not guilty.
Lance Sergeant Lander stated-On the 9th lt, at eleven p.m., I went with five Chinese detectives to 11, Lau U Lane, West Point. I found in the defendant's basket, beneath the bed in his room, the book produced. I arrested the defendant and brought him to the Central Police Station. He was searched there. The certifi- cate produced was found in his possession. The defendant denied owning the basket. In his girdle was found a key which fitted the lock of the basket. He opened the basket himself.
Tsoi Wuk Shang said-I am a merchant. For some time past I have made a special study of Triad Society matters. The book marked "B" contains the secrets of the Triad Society. grace. Therefore the only inference to It contains in the pictorial part the fine flags be drawn was that the Legislature did not intend which are allotted to different Grand Lodges to deprive anyone of the right to sufficient distributed amongst the various provinces. It compensation for any loss or damage they might contains the flag of initiation. It contains the suffer from the carrying out of this work, of standard of the Triad Society. It contains the great public importance he fully admitted. but yellow umbrella which is issued in the iniative that they intended to take away the right, and
ceremony. It contains the flag of the genera- only to take away the right, to claim compens-
lissimo, which has the pictures of the jewels ation in the ordinary form of proceeding by in the back part of the book I have translated. action or suit in that court or any other court. The passage refors to fire cups so placed that He took it that they did intend that compens-
if a guest takes up a certain cup a Triad Society ation should be given-to use the words of the man will know whether the guest is a member Ordinance, that sufficient compensation should or not of the Triad Society. The correct be given in every case of loss or damage, and cup to take up is the middle cup, which is that the Governor should have power to called the
Loyal Cup." The person takes award such compensation. The Act of Par- up the cup. and just before he drinks the liament used the word "award." and if these tea he repeats a verse of poetry, of which the words were to be construed, as the learned following is the translation :- The eight Attorney General so strongly insisted, accord-coloured plum-flower is placed on the table. ing to their ordinary meaning and not have an The five will swear together to protect the artificial meaning assigned to them, award Ming Prince. We will each go amongst the meant award, judicial decision a decision different provinces to enlist members, and when arrived at after the exercise of a certain amount we rise in arms we will form one force." I also of discretion and after a judicial or semi-translate the following extract from exhibit judicial form in which all awards were arrived
at.
The Chief Justice-I think you will find from the Century Dictionary that while that is its proper sense it is also used in a general sense of allowing or yielding.
Mr. Francis-Perfectly true, but here it is used in an Act of Legislature drawn up and pre- pared under the advice of the legal officers of the Crown, and therefore you are bound to as sume that it was used in the ordinary sense in which it is used and is habitually used in legal documents, in Acts of Parliament, in agreements of reference, in rules of Court. Continuing. Mr. Francis reiterated that the necessary implication to be drawn from the Ordinance was that that Ordinance was not to deprive the parties of any claim they had to compensation, to any compensation to which they might be entitled, but to substitute for the ordinary legal method of obtaining compensation by suit or action arbitration, and the person selected, although he was the Go- vernor of the colony and although he was the person authorised by the Ordinance to carry out the works, was the most independent party who could be found in the colony. In conclu- sion Mr. Francis asked his Lordship to deter- mine the issue of law in his favour and with costs. His Lordship expressed his intention of giving a written judgment in this case,
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$4
4
"B"-"We are surrounded by outsiders who are listening to our conversation. Therefore we members of the Hung Family (or Triad Society) should be on our guard." I also trans- late the following extract from the exhibit "B:"- These are verses with reference to
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355
tiger is unwilling to devour me.' Then the would-be victim repeats the verses above men tioned, and is allowed to go free. Exhibit “C' is the usual form of diploma issued to members of the Triad Society. On the left upper- . hand corner of the octagon is a phraseo. gram which is supposed to represent the characters signifying "Loyal heart and martial- the octagon' is spirit.' On the right upper hand corner of to represent the five elements. Exhibit "
a phraseogram supposed is the genuine diploma of the Society and the Grand Lodge of the Kwangtung pro- vince. I have seen a number of these diplomas. They are always issued in this form. Central Police Station, said-On the 9th ult., Hon Kan Sheen, sergeant interpreter at the
at 9.30 p.m., I read the charge to the defendant. made a statement which I took down in writing, I administered the usual caution. He then
the 7th October I went to Lyeemun to get of which the following is a translation :-" On
Hongkong. On the 9th October the police my wages. On the next day I returned to
came to my house and searched my things." to me on account of his mother's death to ask Exhibit "B" belongs to Chan Shau. He came
not the money. Chan Shau said. "If you me to lend him thirty cents. I told him I had don't trust me I will give you this book." I said to him characters, and I cannot find any use for "I do not know Chinese
give me thirty couts when you return to I also said to him You must Hongkong." He had promised to return me the thirty cents. He gave this book as security.
Prisoner was sent to the Criminal Sessions for trial,
this book.'
ANOTHER TRIAD CASE.
自痛
On the same day Yau Ah Yung, a veget- able-hawker, was charged with being a mem- ber of the Triad Society. He pleaded not guilty. It appears that on the 8th of October, at 3.15 p.m., Lance-sergeant Landor was on patrol duty with Chinese constable No. 206, near the village of Fui Chi Kok, near Shatin, when he saw the prisoner sitting by the roadside. Not liking his appearance he searched him and found a paper (produced) inside his pouch. He took the man to Shatin and detained him in custody. It was subsequently found that the paper in question was a passport relating to the Triad Society. In the centre of the paper were two characters "Hin Pin," meaning "Sight ticket." that was.
Let bearer pass." The prisoner was committed for trial.
C
SENTENCE IN CHINESE CONSTABLES. hinese constables Nos. 381 and 293 were
charged on remand with assaulting a Chinaman dence was to the effect that on the evening of at Wanchai on the 6th September. The evi- the date named the complainant was going along Praya East with a truck, when one of the defendants came to him and charged him he was not, upon which the constable hit him with causing an obstruction. He replied that
defendant they both struck and kicked him. with his sword, and taking him to the other They then took him to No. 2 Police Station. Sergeant Ritchie was on duty and enquired into the charge, which, after hearing the constables' story, he refused. The complainant then ap- peared all right and the sergeant said he made no complaint to him about having been assault- ed. The saute evening, however, he was taken to the Hospital where he was found to have rup- tured his spleen. An operation was performed by Dr. Bell, the spleen being taken out, and the man recovered. The defendants, who had al-
going into an inn. The Hung door is open wide. Those who have no money need not enter. You who know the meaning of three times eight equals twenty-one, you may enter even without money. If you say three times eight equals twenty-three, your clothing will be stripped off you (to pay for your board and lodging). If you say three times eight equals twenty-four, you must keep quiet if you have no money. If you say three times eight equals twenty-one, you may take your meals without money." The answer three times eight equals twenty-one is explained by dissecting the word "Hung," and shows that person is a member of the Triad Society. The man who says three times eight is twenty-three is severely treated, because he has tried to palm himself off as a member of the Triad Society. If he gives the answer three times eight equals twenty-four, he will give the usual answer, showing that he is innocent of all fraud. There is another extract which I have translated from exhibit “B":"The tiger des- ceuds from the hill at the will of the guardian spirit of the land. Everybody knows this fact within the five lakes and four seas (7.e., through. out the Empire). I have a loyal heart and A body with the formidable title of the Laun- martial spirit. When the savage beast will dry Associations of the United Kingdom, says seize me, I will run away in great haste." A the L. &C. Express, has formally put on record Triad man going on his travels has to learn the its protest against the introduction into London above verses, should he meet a highway robber of the Chinese washerman. The delegates of
on the way, and the robber, being a Triad man, the associations have met in solemn conclave and may say to the man-" Friend, be careful as passed the following resolutions: That this you advance; there is a tiger ahead which meeting of the delegates of the Laundry As-will devour any man." The Triad highway-it was found that the tins were similar to sociations of the United Kingdom condemns the introduction of Chinese laundry labour into this country as being opposed to the health and morals of the community and injurious alike ́to capital and labour,”
man says this to test his victim, to ascer tain whether he is a member of the Triad Society. If he is a member of the Triad Society he will reply "I am not afraid; I have a loyal heart and a martial spirit. The
ready been in gaol awaiting their trial abont seven weeks, were sentenced to three weeks' hard labour.
FINDING KEROSENE TINS.
On the evening of the 22nd ult. an Indian sergeant arrested the master of a trading junk at Tung Cheung, Lantao Island, in the district of Tailio, for being in unlawful possession of kerosene. He was found to have 62 tins of kerosene on board, and he was trying to sell it, On the man being brought over to Hongkong
those on the lorcha, Yes Yuk, which was lost the other day. On the man coming before Mr. Hazeland he was discharged, His Worship ex- pressing the opinion that he did not think the man had any felonious intent.
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