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were used, the same appeals to mob rule made, and precisely the same lispatches written a century ago in the bad old days | of KIAKING and HIRNPUNO, to oust the | foreigner from Canton. Young China has not even the merit of originality. The foreigners then were less than a hundred : they are now tens of thousands. What failed then is not now more likely to succeed. It may, however, cause very sorious trouble.
THE COURT OF CRIMINAL
APPEAL BILL.
THE HONGKONG WEEKLY PRESS AND inclinations, the droop of a woman's lip, or the vocal vibrations of a good male actor, On top of that, it is few juries who realise the extent of their power. The man in the wig, theoretically present to legally express He the jury's verdict, intimidates them. orders them to be locked up; and generally manages to put them more in the mood of accused persons than of authorities who Then he } rule the destiny of the case.
sometimes misdirects them; tells theur that certain evideuce that impressed them was irrelevant; draws their attention to what he considers the really significant features; (Daily Press, 23rd June.)
and, in short, practically suggests their THE Bill introduced by Lord. LOREBURN, verdict. No man who has served ou jures formerly Sir ROBERT REID, the Lord will say this is exaggerated;' and the Chancellor, for establishing a Court of stronger-minded meu, or let us say, the Criminal Appeal, appears to be arousing contradictious men, who have endeavoured arguments as much characterised by seuti- to lend their less sturdy colleagues to nu ment as by sense. Its inception, we suppose, independent decision, soon find out the was largely due to the sentiment aroused by awe in which the bewigged oracle is held. the unfortunate case of Mr. BECK; at least We agree with Mr. Justice BIGHAM that it was immediately after the discovery of that" jury night make a mistake", and we gentleman's legal burdships that clamour will go further and say the same of an arose in the Press for this supposed remedy. Appeal Court formed of lawyers. We Apart altogether from the merits of the Bill, fancy his brother judges will not approve we fail to see how a Court of Criminal of his remark that "It was not difficult Appeal can be sure remedy against the to see the possibility of prejudice, religious, most glaring evils noted in that case, which political, or social, influencing the Judges,
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or at all events, of such prejudice being
were the cocksureness with which some people will affirm a thing, the lack of imputed to them. No doubt prejudice fairplay and impartiality in the Police, might influence a jury also; but it was less and the stupid tradition which assumes the likely to affect the verdict of twelve than infallibility of the Law. Men have taken the verdict of two or three." Theoretically, the priest from his pedestal, have probed we should say an appeal court of two or the editorial abstraction "we", but they still three trained legal minds would be less cling to the humbug of the judge's wig. liable to prejudice than a jury of twelve lay The wearer of the veuerable anachronism minde; but since Mr. Justice BIGHAM may be a mere jackanapes, who in the club affirms the contrary, it is not for us to among men is voted a bore; but on the contradict him. Certainly we have watched Bench he is a fetish. He is not regarded judges and lawyers at work who were as a man of flesh and blood prone to as easily influenced by trifles as
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any human error; but as un incarnation of au | juryman. But take another of his abstraction we all wish to respect, but | Lordship's arguments, HI argument. which has now come to be spoken of as "that ass". However, avoiding further digression, let us call attention to Mr. Justice BIGHAM's recent address to a grand jury at Manchester Assizes. He is thus reported:
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employed also by other opponents of the Bill. It is that juries, knowing their verdicts subject to revision on appeal, would be less careful than they are at pre- sent. If we could accept that unreservedly, we would fight the Bill tooth and nail. "For centuries it had been tlie exclusive right But it seems to us that it might work the of the English people to determine the question contrary way. Knowing that their decision of the guilt or the innocence of an accused mail. The jury, drawu from the people, discharged may be reviewed will make some men very this solemn duty by its verdict, and with careful. Does the knowledge not so affect their verdict no Judge or Court of judges? We realise, of course, that the lawyers hitherto bad any right whatever jury would be discharged, and presumably to Interfere. This close connection between have no further interest or responsibility in the public and the administration of justice the case. But Mr. Justice BIGHAM, who should be jealously preserved. the law popular in the best sense of the word. admit that they may feel a moral responsi- It made has such a high opinion of juries, will surely It gave to the people a sense of security; and it
bility. His best argument is the one of placed the judgments of the Court above criti- cism, because it based them on the assent of the delay, and certainly anything tending to public. This principle had been maintained add to the law's delay must be bad. Aca- since the days of the Great Charter. The new demically, however, a delay in banging a Bill proposed to violate it by an appeal to a man should be less noxious than the delay Court of three lawyers, whose decision, or the which a rich- debtor can engineer to baulk decision of two out of the three, was to have the his creditors. Rogues would undoubtedly finality which at present attached to the re. diot appeal, but in their case with less chance His experience was that juries "deliberated of success than the Anour BECKS of this with anxious care". There are plenty of world; and it is worth while postponing the other judges whose experience would be happy despatch of a few rogues to give innocent uwu a chance of escaping unie. differently stated, unless tightly closed eyes served punishment. The proposed establish- be a symptom of anxious care, The theory
ment is, of course, multiplying of of juries is a noble.quo; it is a principle tribunals, it menus more expense to the worth fighting for; but do not let us have any nonsense about its perfection country; and appeals ou questions of fact are usually a nuisance. Sonie sort of as a systeui. Too often the jurors are present against their will, their minds compromise ought to be found, to reform police methods of prosecution, and to so obsessed by workaday
Very interests.
reform the Howe Office that appellants often they are so impressed and swayed under the existing procedure will be sure of by plausible advocates as to be mere marionettes. Lacking that pulling of the strings, they are a body of untrained, emotional creatures, whose judgment will often follow the slightest of human
of a jury only."
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receiving adequate attention. To avoid the present risk of a strongly prejudiced judge, it might also be well to take away his dia. cretionary right to refuse to state a case.
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June 25, 1906. HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on June 21st in the Council Chamber at 2.30 p.m.
Present :
HIS EXCELLENCY THE GOVERNOR, SIB
MATTHEW Nathan, K C.M.G.
His ExcellENCY MAJOR-General VIL LIERS Hatton, C.B. (Commanding the Troops): Hon. Mr. T. BERCOMBE SMITH (Colonial Secretary).
Hon. Sir H. 8. Berkeley, K.C. (Attorney. General).
Hon. Mr. A. M. THOMSON (Colonial Treasurer)
Hon. Mr. A. W. BREWIN (Registrar-General). Hon. Captain L. A. W. BARNES-LAWRENCE, R.N. (Harbour Master).
Hou. Mr. W. CHATHAM (Director of Publio Works).
Hou. Dr. Ho Kai, M.B., C.M., C.M.G~-~- Hon. Mr. Wɛ1 YuÊ," Hon. Mr. E. A. HEWETT. Hon. Mr. E. OSBORNE, Hon. Mr. W. J. GRESSON, Mr. A. G. M. FLETCHER (Clerk of Councils).
MINUTES,
The minutes of the previous meeting were read and confirmed,
PAPERS.
II.E the Governor, laid on the table the follow- The COLONIAL. Secretary, by oʊmmand of
ing papers-Report on the Botanical and Foresty Department for the year 1905; report ou the Hongkong Volunteer Corps for the year ending 31st March, 19 6; report of the Inspector of Schools for the year 1905.
FINANCIAL MINUTES,
The COLONIAL SECRETARY, by command of H.E. the Governor, laid ou the table Finncial Minutes Nos. 39 to 41, and moved that they be
ferrd to the Finance Committee.
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The COLONIAL TREASURER seconded, i HIS EXCELLENCY-Financial miuute No. 89 provides a sum of $1,000, in addition to the sum of 81,01 for which provision has already been made in the estimates, for compensation for damages caused by disinfection in plague cases and also a sum of $2,00"), in addition to A Bum of $3,000 for which provision was made in the estimates, for the barill of plague corpses. These additions to the amants that have been provided are necessary on coouut of the outbreak of plague this year having been more serious than in the two preceding years. The total amounts, with the provision now proposed, will be less than those spent in 1903, when the outbreak of plagu‹ was of about the same severity as it has been this year. Fiannolal minute No. 40 is for a bonus to Mr. T. A. Hanmer, who has been noting for various officers absent or doing other duties in the Government service since the 16th of May, 1903. His servio u were no longer required
however, that he might be granted his pay for and his engagement came to an end on the recent return of Mr. Gomperts. He applied, the rest of the month and the application seem rd to me as reasonable as I hope it will seem to members of the Finance Committes. Finanoial|| minute No. 41 is for the construction of a smail post office at Kowloon. The post offios will eventually be in the Terminus Station at Hunghom Bay, which will be convenient for the collection and distribution of letters. This Terminus Station, however, is not likely to be ing importance of Kowloon renders it advisable completed for two or three years, and the grow in the meantime that greater postal facilities should be given to that place. It was proposed to me that for this purpose a building mould be rented, but on going into the question I found the cost of renting a building for cost of erecting more suitable premises; con- three years would be nearly as much as the sequently I decided to put up the structure now in course of erection, facing Salisbury Road. You will think it is possibly a little Iste for me to come to the Council for money for a building that has already been started, but the reason is. I originally sanctioned the expenditure out of Miscellaneous Works--Public Works Extraordinary. On going through the list
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of works being constructed on that item, it seemed to me advimble to make a rule:
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