October 19, 1907. J
intent, and for the reasons before given, are inclined to doubt the likelihood of the desired good results eventuating.
CRIMINAL APPEALS.
(Daily Press, October 18th.) There is no doubt room for considerable difference of opinion as to the advantages of Criminal Appeals. Upon accepted prin- ciples it would appear to be manifestly wrong that a similar right of appeal should
not be allowed when a man's life or liberty
This
for
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CHINA OVERLAND TRADE REPORT.
respect to the argument that the existence of a right of appeal would be likely to impair the sense of responsibility of juries, it may be observed that experience does not justify this supposition. In civil cases tried before a Jury there are certain instances in which an appeal can be made on the facts-as for instance where damages awarded have been excessive-and this has not been found to make juries, on the whole, in any way careless in estimat ing damages, though there have been some instances where they have gone astray. In an ordinary way a juryman does not much trouble himself whether there may be an appeal or not. He has to decide the case before him according to the evidence and under the instructions of the Judge-and if he does this, he satis- fied be has performed his duty, and does not concern himself very much as to what the Jury go much upon the same principle; may follow. In deciding in criminal cases
and there are few instances in which the
AN ORNAMENT TO THE TOWN.
257
In moving the granting of an application by modification of the requirements of section 188 Messrs. Jardine Matheson and Company f r of the Public Health and Building Ordinance Hooper said it only referred to a tower which in respect of the proposed new building, Mr. would be an ornament not only to the locality but to the town.
Granted.
LIMEWASHING AND CLEANSING.
Re the matter eleansing and limewash. required by byelaw No. 5, the Government suggested that limewashing should be done returned the Board's recommendation and once a year.
The PRESIDENT remarked that if the work were done by contract he thought once a year would be sufoient, but in that case it would
be compulsory that it should be done by
contract.
Mr. HOOPER remarked that he was one of the committee appointed to consider this ques- tion, the majority of whom thought limewash- Board the committee's report was adopted sud ing should be done every six months. At the
a byelaw formulated and passed to that effect,
is concerned, as is accorded when his property is in issue, in a civil case. anomaly, however, is not so great as appears at first sight, for the reason that in civil cases the expense and delay are such, that, except where there is obvious reason for adopting that course, few litigants are disposed to run the risk that is involved. The experience of the working of a pro- vision for appeal in criminal cases example in the United States, is certainly not encouraging. The delay and obstruc tion to the carrying out of justice which this right involves, have often been the subject of comment, and it would he a serious matter if the same state of things should be introduced in Great Britain. The amendment, which was proposed by Lord ALVERSTONE and passed in the House of Lords, is obviously of salient importance, and with such a safeguard as is provided by mak. that is the facts as well as the law-is of the Government he was willing to allow it to
ing it essential that in all cases the leave of the Judge presiding at the trial shall be given before an appeal can be instituted, the danger of needless delay and obstruction is reduced to a minimum. An experienced Criminal Judge is very unlikely to be Inistaken as to whether any verdict may be properly appealed from, and the instincts of justice which characterise British Courts in all parts of the world, will make the Judges lean rather towards granting than refusing an appeal whenever any fair grounds are shown. Indeed if there is a danger in this respect, it lies in the direction of the Judge being rather too much disposed to grant leave than to refuse it. On the whole therefore, with this safeguard, there is not much room for objection to the right of appeal in criminal cases being accorded, though without such a proviso, it cannot be denied that the privilege is open to abuse, And we bave seen illustrations of this in the United States, which might make prudent people hesitate as to the adoption of so radical a change in established procedure. It is to be noted that the grant of the right of appeal at home must have an important effect in the Colonies. In the different Crown Colonies the principle would no doubt be accepted at once; but it is a ques- tion whether all the Colonies having re- presentative institutions may be disposed to accept so important a change. In some cases this will certainly not be done without considerable hesitation. There is of course one consideration which may facilitate com. ing to a decision.
The right of appeal in criminal cases being recognised by the Imperial Government may be regarded rather as the removal of restrictious which before existed against the inherent right to appeal to the Crown, (which in theory is held to exist in all cases)- than as the grant of a new right-and in this way it would become almost obligatory upon even self governing colonies to accept the principle of the Home Act, and to provide adequate machinery for carrying it out. In
fact that an appeal can be instituted would be likely in any way to influence them. The Jury are fully aware that their verdict, whether it is final or can be appealed from, will have at least great weight in the ultimate decision of the matter; and this is sufficient to make them anxious to arrive at a just conclusion. Of course where the whole matter at issue-
brought before an Appeal Court, there might be a danger in a direction that has been pointed out, amely that the judges on appeal have not the advantage of having the witnesses before them; but this is so well recognised by all legal men, that there is very little ground to apprehend that skilled judges will not be carefully on their guard in dealing with all facts where it would be desirable for them to have seen the witnesses. In such cases they are always disposed to accept the conclusion of the court which has had the advantage of seeing the witnesses, but hold themselves free to deal with the inferences that have been drawn from them. In many Colonies an appeal is allowed from Magistrate's de- cisions in criminal cases, and no difficulty has been found in practice in this respect.
HONGKONG SANITARY
sad sent to the Government, as it was neces sary under the Ordinance for the confirmation
of such resolation by the Legislative a somewhat unusual course, for instead of Council. The Government had adopted it being put directly before the Council the Board are informed that the Gover ment
bare sent it back for reconsideration, ask-
ing members to make the period twelve instead of six months. The speaker's minutes was to the effect that in deference to the view
pass and make the period twelve months. He believed it was open to the officers of the Sani- tary Department to call upon the owner of any teuement, if they found his place dirty, to oleanse it at once.
The SECRETARY-That is so.
Mr. HOOPER-In view of that fact I think we may adopt a twelve months' oleansing system. GENERAL, further consideration of the matter On the suggestion of the REGISTRAR- was deferred until the Chinese members were in attendance.
THE MONGKOKTSUI HOUSES, The reply was read from the Government relative to section 175 of the Public dealth and Buildings Ordinance, 19 3. in rearest of Nos. 191 to 231 Station Street North, Mongkoktsui. The Colonial Referring to your letter No. 2769/07 of 6th Secretary's reply read :--- alt. I am directed to inform you that the Government is now advised that the provisions of section 175 of the Public Health and Building Ordinance 1903 cannot be enforced in BOARD. respect of the houses Nos. 191-291 Station Street North, Mongkoktsui, in view of section 268 of the same Ordinance,
A meeting of the Sanitary Board was held on Oct. 15th at the Board Room. The Hon. Dr. J. M. Atkinson (president) presided, and C.M.G., (Vice-President), Hon. Mr. A. W. there were also present Hon. Mr. W. Chatham,
Brewin (Registrar-General), Lient.-Col. Reid, RAM.C, Dr. F. Clark, Medical Officer of Health, Dr. H. MoFarlane, Assistant Medical Officer of Health, Captain Lyons, Captain- Saperintendent of Police, Mr. A. Shelton Hooper, Lau Chi-pak and Mr. G. A. Woodcock, secretary.
AN OFFICIAL CHANGE.
mem-
The PRESIDENT-Gentlemen, you will see that your seating accommodation has been altered to day. To explain why this has been done, I will read 8 letter received from the Colouial Secretary concerning the matter:-Sir, I am directed to request you to remind the public officers who are bers of the Board that they are and always that may come before them at the Board as are the elected and nominated members of the Board. I am to add that to remove the appear ance of an official phalanx on the Board, it is desirable that the ex-officio members should be seated alternately with the nominated
have been as free to vote on
any matters
an ordinary way a full Beuch of the official and six non-official members it is not and elected members." As there are four Supreme Court in any given colony possible to seat them alternately, but I think, would satisfy this requirement and addi- | I have arranged things in the most practical tional expense need not be incurred. With way,
I
buildings which were duly certified under the I am at the same time to point out that only Public Health Ordinance, 1907, can be regarded visions of the section. as entitled to claim exemption from the pro-
whether paragraph 2 of the Colonial Secretary's
Mr. HOOPER minuted--I wish to know, letter is the opinion of the Attorney-General ?
question affecting many properties in the Hon. Mr. HaWETT This is an important Colony. For the guidance of the Sanitary Board, therefore, I consider the opinion of the Attorney-General in full should be laid before
US.
read in the way interpreted in paragraph 2 Mr. LAU CHU-PAK-Section 268 does not of the Colonial Secretary's letter. Further information is required on this point. It mys, any ordinance in force at the date of the issue of such certificate etc.," so, ordinance 1907, could not be the only one.
་
The PRESIVANT said he had communicated with the Government concerning paragraph 2. but had not yet received a reply. Hemggested that consideration should be postponed until he did.
Members agreed.
THE TANK QUESTION, The following letter was laid before members: which you have served on us, dated 21st of this Dear Sir,-Your notice, number 2,802, month, has reached us, in which you require that the water tanks in the yard of ground floor
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