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388
Hon. Dr. Ho Kar—No.
HIS EXCELLENCY-Then they are calendar months.
Hon. ATTORNEY GENERAL—Why we should use the Chinese system I do not know.
H. EXCELLENCY-The law will be used mainly by persons who use Chinese months. Other properties would be presumably under
another sub-section.
Hon. Dr. Ho KAI-All the banks use Chinese calendars, and all houses let to. Chinese are on the Chinese calendars.
Hon. Sir PAUL CHATER-Chinese to Chinese
HOD. DIRECTOR OF PUBLIC WORKS-Would it not be better to put it in days; 90 days or 100 days.
It was subsequently decided to leave out the words "Chinese Calendar" wherever they
occurred in the Ordinance.
Section 42 was amended to read as follows:— 42. Nothing in this Ordinance shall be "deemed to affect the interests of the
TO
"
or
is
Crown, or to confer a larger right in "relation to any land than is granted "in the Crown Lease. Grant Licence
said whereunder the
Land held; "and no liability shall attach to the Land Officer, or to any Assistant Land Officer "or to the Government of the Colony, or to the Crown, in respect of any act done, or entry "made by such Land Officer or Assistant "Land Officer in the course of his duty."
"
= FINANCE COMMITTEE. There was afterwards a meeting of the Finance Committee, the Hon. Colonial Secretary presiding. The following votes were made :~~- Financial. Minute-No. 15. The Governor recommended the Council to vote a sum of one thousand dollars ($1,000) in aid of the vote Public Works Annually Recurrent, for Main- tenance of Public Cemetery.
Financial Minute.-No. 16. The Governor recommended the Council to vote a sum of three thousand dollars and sixty cents ($3,000.60) in aid of the vote Sanitary Department, Other Charges, for Cemetery Incidental Expenses.
Excavations had to be made to make room for further burials.
Financial Minute-No. 17. The Governor recommends the Council to vote a sum of ten thousand four hundred and twenty dollars ($10,420) in aid of the vote, Public Works Extraordinary, for the following items:-
Roads
RAIN-STORM DAMAGES, inside Victoria.-Removing slips, re-instating road surfaces, &c. $2,050 Roads outside Victoria.-Removing
slips, re-instating road surfaces, &c. 4.960 Roads in Kowloon,-Removing slips,
re-instating road surfaces, &c. Roads in New Territory-Removing alipe, re-instating Sai Kung, Tai Po, etc.,
..
Praya Wall and Piers.-Repairs to wall,
Causeway Bay
Colonial Cemetery.-Re-building por- tion of boundary wall and repairing earth slips and damage to walls Repairs to Nullahs
Total
1,200
800
100
960
350
$10,420
Financial Minute-No. 18. The Governor recommends the Council to vote a sum of twelve thousand dollars ($12,000) in aid of the the 22.-Miscellaneous Services, for vote following items :-
Coals for Offices... Other Miscellaneous Services
*.$ 2,000 10,000
Total... $12,000 The second vote was in connection with extra legal assistance respecting a land appeal
case,
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C
There is talk of the Philippines Constabulary as an institution bringing charges of libel against the native papers. We believe," says the Democracia, that it will be very difficult for General Allen to prove that 95 per cent. of the charges are calumnies. On the contrary, it may be presumed that 99 per cent, of the accusations are true. And it must be remem- bered that not all the things which occur in the provinces become known here, and even if they become known here no mention is made of them in the papers, because newspaper men have but one hand with which to write their articles"
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
Friday, 16th June.
IN ORIGINAL JURISDICTION.
BEFORE MR. F. T. PIGGOTT (CHter JUSTICE).
QUESTION OF OWNERSHIP.
Lam Tung, plaintiff; F. J. Badeley (Captain Superintendent of Police), defendant; and the Nam Loong firm, of Saigan, claimants. Mr. H. E. Pollock. K.C., instructed by Mr. Dixon (Mr. John Hasting's office), appeared for the plain tiff, and Mr. H. N. Ferrers, instructed by Mr. J. Hays (Messrs. Johnson, Stokes & Master), for the claimants.
The issue to be tried was as follows:- "Whether either of them, the said Lam Tang BO, which is or and the Nam Loong firm, and if are entitled to a sum of $2,600 obtained by the defendant, F. J. Badeley, from the plaintiff's agent Chow Kwan and deposited by the said F. J. Badeley in Court, and being moneys the subject matter of this action."
stolen
Mr. Pollock in opening said that the action plaintiff against the Captain Superintendent of was commenced in November last year by the
Police, the plaintiff seeking to recover $2,600 in $100 bank notes, money found on the person of Chow Kwan whose extradition was applied for in August, 1904, on the ground that he had money from the Nam Loong firm of Saigon, now also claimants of the money on the ground that it was part of the property stolen from them by the said Chow Kwan. The plain- tiff, however, did not admit that any part belonged to the Nam Loong firm, but contend that it belongs to the plaintiff acting as a bailee for various parties who entrusted sums with him st Saigon to be delivered to persons in Hongkong or China. The plaintiff had for some years been travelling to and fro between Hongkong and Saigon and trading with them. Prior to last year he had been entrusted by the same people hereinafter mentioned to take money from Saigon to China for them. The plaintiff, in short, is a travelling trader and cook. On the particular voyage he was employed the s.s. Kinshan as cook for the firemen. Prior to embarking at Saigon on 20th August, 1904, he had various sums of money entrusted to him to be dealt with as follows:- $1,500 handed by Kong Sung to be delivered to Kong Sung's mother, Tsang Shi, at Tai Po Chung; $500 handed by Tsang Sing Cheong, of Saigon, to be taken to San Kin and handed to Tsang Kau; $300 handed by Lan Tsoi to be taken to Lan Tsoi's mother, Man Shi; $280 handed by Lam On to be delivered in Hongkong to a certain party in Lam Kwai Fong (d'Aguilar Street) to be forwarded to Lam On's elder brother, Lam Cho; and $20 sent by Kwong Fu of the Kwong Mai Wo shop, at Saigon, for delivery to the Wo Cheong Loong firm.
ON
to
The
The Kinshan, continued Mr. Pollock, left Saigon on the 20th August, 1904, for Hongkong with the plaintiff aboard as cook as mentioned. On board the Kinshan the plaintiff met Chow Kwan, subsequently arrested, who was a pas. senger, and a man whom he had known for some years. Plaintiff allowed this man occupy his own bunk in the, store room! Kinshan on the 23rd August encountered a typhoon. Deek cargo had to be jettisoned and one or two passengers were washed overboard. The bad weather continued till quite near Hongkong The plaintiff as might be im- agined had a rough time in the galley with his pots and pans rolling on top of him, and so he asked Chow Kwan to look after the packet containing the $2,600, telling him to tie it about his body; simply informing him that the red handkerchief, for it was such, contained the money. On arriving in Hongkong the plaintiff and Chow Kwan went ashore together. They then parted arranging to meet again a little later, Chow Kwan going to a boarding house where they bad both arranged to live, and the plaintiff to a tea house. Chow Kwan was then arrested. The extradition proceedings, after lasting for three months, were discontinued, and the plaintiff thereupon brought an action against the Captain Buperintendent of Police for the recovery of his dollars. The plaintiff,
|
June 26, 1905.]
on first learning of the arrest of Chow Kwan, went to the Police Station where he was also arrested, photographed, and later released. He subsequently gave evidence during the extradi- tion proceedings.
Evidence was led, and the case was adjourned.
Monday, 19th June.
IN CRIMINAL JURISDICTION.
BEFORE MR. F. T. PIGGOTT (CHIEF JUSTICE.)
NO INDICTMENT. In the case of Rex v. She Tak Tsoi, who was committed by the Magistrate on a charge of perjury, the Attorney General entered A nolle prosequi.
DEMANDING MONEY WITH MENACES.
Lai Po and Ng Ngan were charged with demanding money with menaces. The Attorney General (Sir H. S. Berkeley), instructed by Mr. G. E. Morrell (of Messrs. Dennys and Bow- ley), prosecuted. The prisoners pleaded not guilty and the following jury was impan. elled-Messrs. J. Johnstone (foreman), B. Engel, J. Hooper, F. Nicolai, P. K. Knyvett, I. Ellis and W. Anderson.
General was as follows:-On the 8th March The story as outlined by the Attorney
of the present year the two prisoners and another man not in custody went in a boat from Tai-o to a place in Lantao Island named Shan Shak Wan. Two native houses stood near the sea shore and to one of these they went. An old man, the occupant, came to the door. First of all he was reprimanded for not being a member of the Triad Society, and thedi one of the three men, the min not in custody who acted as spokesman all, through, demanded $10 to pay for their journey to Hongkong. At the same time the old man was told that if he did not give the money the brethren of the Triad Society would do something to him, Under these circumstances he handed $4.90.
over
On the other hand the prisoners alleged that this old man had stolen some fowl, salt fish and oil from one of them, and they simply went to demand payment.
In summing up, after the hearing of the evidence, His Lordship said that, as the men admitted that they were "there" and that money passed, the question devolved itself into what were they doing there and why money passed?"
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The jury were divided, first of all finding the prisoners guilty by four to three, and as five to two would be necessary to convict they were invited to retire and come to a definite verdict. This they did and the prisoners we found guilty by six to one
As the second prisoner had to also answer a charge of robbery, sentence was deferred.
GANG ROBBERY.
Young In, Tseung Tak, Lam Leung and Leung Sai were charged with gang robbery. The Attorney General, instructed by Mr. Morrell, prosecuted. The prisoners pleaded not guilty and the following jury was impanelled,
-Messrs. A. Moir (foreman, A. E. de S. Alves. E. A Shröder, L. M. J. Alvares, N. II Rutherford, and W. 8. Bassford.
This robbery took place on the 5th May of the present year, at 10 a.m. at 20, Water Street, the victim being a Chinese lady married to a Mr. Barros. On the previous morning after the husband had gone to work a man, the first defendant, knocked at the door and said he had been sent by the Government (Sanitary Board) to open up a skylight. He took various measurements and next day came again accom. panied by three other men. First of all they, in accordance with their game, shifted various articles of furniture and then suddenly the first defendant caught hold of Mrs. Barros by the wrist while another ruffian divested her of her
jewels. There was a little girl in the house and to frighten her so that she might keep quiet one of the men rubbed pepper in her mouth. There was a little adopted boy, however, who got out and raised an alarm. The first prisoner was arrested by a Sanitary Inspector at the door, so there was no doubt about him, but the others were subsequently arrested.
The prisoners were convicted and each sentenced to one year's imprisonment.
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