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amount claimed, and costs; and the plaintiff in the cross-action for $6.37, which did not carry
costs.
Thursday, 26th January.
IN APPELLATE JURISDICTION,
BEFORE SIR H. 8 Berkeley (CHIEF JUSTICE) AND MR. T. SERCOMBE SMITH
(PUISNE JUDGE.)
TANG TSZ U Y. THE ATTORNEY-GENERAL.
J.
The hearing of this appeal was continued. Mr. H. G. Calthrop, instructed by Mr Barston, appeared for the appellant; the Hon. E. H. Sharp, K.C., and Mr. H. E. Pollock, K.C., instructed by Mr. F. B. L. Bowley (Crown Solicitor), for the Attorney-General.
Mr. Calthrop closed the case for the appellant. The Hon. Mr. Sharp said:-Mr. Slade objected to both Mr. Clementi and Lau Tsz Peng giving expert evidence on Chinese law. Our feeling is that we do not wish to press Mr. Clementi's case, he being an official at present in the Government, but think we have done rightly in bringing it forward. What class of people are admissible as experts is not determin- ed by the old hard and fast rule that expert evidence must be that of proficient lawyers practising in the foreign country. It is worthy of observation that
that the law
were
to-day, which it is not, no such person exists in Chins. If we could only prove expert evidence as coming out of the mouths of proficient lawyers in China then it could never be proved at all. Anyone is admissible who satisfies the Court that he po-sesses more than ordic-ry knowledge. The weight to be at ached to his evidence is another question.
The Hon. Mr. Slade quoted authorities. His Lordship I have no doubt about Mr. Lan Tsz Peng.
num-
Mr. Sharp-Mr. Clementi has for a long time been judge in the Lind Court in the New Territory, and hal to decide a ber of land claims on Chinese law. In London the evidence of a Governor of Hongkong was taken as expert evidence on the law of this Colony. Mr. Clementi is not only an ordinary Chinese student, but it is a part of his prof ss on. The evidence of both these witnesses accepted in four cases in the Land Court as experts in Chinese law.
Was
His Lordship - No objeation was then taken. I think he is quite competent in one sense, but I think you had better not press it. I do not know that there is any legal authority to make the
evidence of the most learned amateur admis-
sible as that of an expert. Strike Mr. Clementi's name out of the joint affidavits, except for the purposes of translation,
Mr. Calthrop agreed to this.
The Hon. Mr. Sharp-I understand there is no objection to the admissibility of the other evidence, that of Yu Ka Fuk, Chan Cheng Wa, and Lau Taz Peng. The general case for the Crown is that the onus rests on the appellants throughout the case to establish their claim. By the Land Court Ordinance of 1930 all property in the New Territory is made the property of the Crown, not after the date of the Convention, but for the whole term of the Convention. The term of this land is, under the Convention, for 99 years from the 1st July, 1898. Therefore by section 17 of the Land Court Ordinance all land in the New Territory is the property of the Crown from the 1st July, 1898. Whether, or n t this Ordinance is equitable or wholly in accordance with the Treaty, it is law binding on this Court.
His Lordship-The Treaty will have an im- portant effect. The object of the Land Court was to settle claims to land. One of the terms was that no property should be expropriated.
Af or further hearing, the case was adjourned.
MARINE MAGISTRATE'S
COURT.
Monday, 23rd January. BEFORE HON. CAPT. L. A. W. BARNES- 'LAWBENCE (Marine MagisTEAJ E).
A HARBOUR NUISANCE.
Mr. Basil R. Taylor (Assist. Harbour Master) charged Lo Po, master of the launch Willing,
THE HONGKONG WEEKLY PRESS AND
| and Ho Hoi, master of the launch Kwong Wo. with wilfully using the steam whistles of their launches other than for the purpose of naviga- tion, in Victoria Harbour on the 21st inst.
The complainant stated that while passing along the new Prays he noticed the defendants' launches, each lying at their respective wharves, blow long blasts on their steam whistles.
The defendants said they did not know who
did it.
Capt. Barnes-Lawrence (addressing the owners of the launches, who were present)--It would be advisable in your interests to pay especial attention to this question of whistl-8. You have heard the evidence of your employees, which shows one this practice of whistle blow- ing is becoming so prevalent that even the masters in charge of the launches are unaware when the whi-tle goes off.
If the mechanism antomatic it must be altered forthwith. The
practice of blowing st-am whistles in the harbour for other purposes than that of naviga. tion is intolerable, and such offene s will never be lightly overlook d when brought before me.
The defendants were warned that if they were brought up again the full penalty would be inflicted. As it was, they were each fined $20 or, in default thereof, on, moath's imprisonment.
CANTON.
[FROM OUR CORRESPONDENT.]
GOLD MINING,
2
January 21st.
A gold mine has been discovered in the dis- trict of Hoi Kuin, in the prefecture of Siu Hing. According to the account of the natives there
"field gold'
and are two kinds of gold,
"field gold " granite gold." What they call is alluvial and the "granite gold" is dug from the mountain. Hitherto they have been using native implements, but now they are using foreign machinery at the mine. The work is under the superintendence of a military man- darin by name Chan Mo Shun.
IN KWANGSI.
It is said in mandarin circles that the rebellion in Kwangsi has been suppressed, and most of the rebels killed. Those that escaped went into the district of Nam Ning, where they When the rebels continued their bandit career. were defeated the mandarin soldiers went into the forty-eight caverns vacated, and found the places quite habitable. There were banks, money-changers' shops, barbers' shops, black- smiths, carpenters, public roads, markets in
the course of erection, rifles and ammunition. It is also said that since the arrest of the rebel
chief Luk Afat by the Viceroy's army. bis two concubines have throw the nselves into the river, and drowned.
RAILWAY, CANTON-HANKOW
The principal gentry in Canton held a meet- ing in one of the joss houses and discussed the question of buying back, the Hankow and Their Canton railway from the Americans. idea was to cancel the contract of Hap Hing and Company, and raise money by means of a lottery. Five hundred thousand tickets at $2 each every month ($200,000 to be paid as prizes) balance of eight hundred thousand dollars to be used for the redemption of the railway. This was their castle in Spain.
left a
CANTON AFFAIR OVER,
The question which gave rise to rioting in the Sap-Par Po street on account of house rent has been settled through the mediation of the five The shopman. Ho charitable institutions. Wing Kwo, who had ben arrested by the police was released. The landlord, Li Chon Tin, paid for the medical treatment of those people wound od in the rioting, and the tenants remaining in the shop as hitherto. The Nam Hỏi magistrate has made some rules in respect of the landlords and tenants. Wherever a tenant is owing rent the landlord must report it to the inhabitants of the street where the shop is situated to persuade him to pay. Thet nant failing to pay then the landlord should petition the Nam Hoi magistrate to have him ejected. If the land lord does not collect the rent, the tenant may pay the same into the Magistracy.
|
[January 23, 1905.
SCHOOL REPORTS
BELILIOS PUBLIC SCHOOL.
PRIZE DISTRIBUTION,
H.E. the Governor attended this school
on the 23rd January and distributed the prizes won by successful students during the year.
After an exhibition of olub and dumb-bell swinging, and a musical and elocutionary pro- gramme had been rendered by the students, the fourteenth annual report was read by Mr. IRVINE. Inspector of Schools, who said :—The, attendance shows a decided improvement during the last few years. This is partly due, no doubt, to the absence of the plague epidemic, which has so seriously affected our numbers in former years. The average daily attendance for this year is 113.635 as compared with 95.5 in (excluding Chinese girls learning Chinese only) 1903, aud 89.5 in 1902. In the purely (hinese division the number on the roll totals 290. The att ndance on the whole has be n very regular, some of the pupils living as far away as Kow- loon and Wanchai having made the full number -206, while several have been absent only one At the or two days throughout the year. beginning of the year a new arrangement of Up till that the infant department was made, time all beginners, no matter their age or nationality, were admitted to the infant department. By the new arrangement all the English speaking infants were formed into a
class with Mss Winnie Bateman as their teacher. All the non-English-sp-aking pupils in the department were placed under the case of Miss Bateman with Miss Vanstone to assist her. The Indian boys were drafted off to form the nucleus of a school for Ind ans, and Mrs. Hatwell was appointed to take charge of them. The number of Chinese girls learning English has increased under the present arrangement, the number entered on the roll for the year being 98. During the year some have left for various reasons, the number now in attendance Miss Winnie Bateman's department has alsq- being 60. The number of English infants in increased. When the class was formed it numbered 16; the number on the roll in Decem. ber was 32. It is certainly easier as well as pleasanter to teach pupils all speaking the sime language, whether that language be Chinese or English
The two highest classes in the Chi- nese division come up for lessons in English with Miss Bateman's pupils for two hours every morning. For this no fees are charge, as it is more or less compulsory. The girls are shy and awkwar! when they first come, but hey soon overcome this, and to judge by their faces, sem to enjoy their English lessons The first class, representing standard seven, are young for such advanced work. Their age; average
14 years. By diligence and co-op ration with my efforts they have over com many diffi
reat pleasure
The Mrs
culties, and it has bee' a to work with them. They have all worked very well, and those who have obtained prize have done so by counting only a few marks more
the
year. than their less successful class-mates staff has changed a little duri ›g and is expected to return next March. Miss Fletcher has been away on leave since March,
we were fortunately able to secure the services Vanstone sent in her resignation in April, and of Miss Li'y Heang, who has proved a kind and capable teacher. Mrs. Hatwell resigned her position as teacher of the Indian boys in Novem- ber, owing to the corps, to which her husband belonged being sent home. Mrs. Whiteboad was appointed her successor, and is now in charge of the class. An increase was made in the school grant, and we were able to send Home an order for several school applianoss that were badly needed. Our schoo'rooms with the new pictures and maps on the walls look much brighter, and the lessons with the pictures to illustrate them so much more attractive in the eyes of the junio s. There is still a want unsupplied, and that is suitable readers for those learning t› speak English. The ordinary readers are either altogether too childish in their ideas, or too - advanced is surprising the long in language. It and difficult words that are used in English children's story books Our school was examined before the Christmas holidays, and the Inspector took away the exercise-books of the
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