旷
March 7, 1908.]
to
relax their efforts to the same end. There is no doubt that our methods in the past, no matter how necessary, whenever an epidemic raged in our midst have created considerable misgiving in the minds of the poorer classes. Land values have decreased. It is our object to disarm that suspicion among the uneducated portion of the community and Impress on the educated class their repons- ibilities, and to interest them in cooperation with us. Before I resume my seat I would wish to say one word with r gard to the work of the Commission. It is to express my own personal deep regret, a regret which I know is shared by all honourable members, at the absence of the member who represented the Chamber of Commerce in this Council, chairman of the Commission, working for ten monthe, he had acquired a profound know. ledge of these subjec's, which he had kept up to-date as a constant member of the Sanitary Board. Not we alone, but the whole com-
Ás
munity, are losers by not having his assistance and valuable criticism in our deliberations on this subject (applause).
Hon Dr. Ho KAI:-I do not propose to make any remarks upon the bill now before us. It is not usual to discuss it at this stage. Bal as the bill is of a very important character, and will make a great many alterations in existing law, and especially in view of the able address from your Excellency I think the second reading of the bill should be postponed for at least a month or six weeks to enable members to thoroughly digest the bill. I only wish that there should be a promised undertaking from the Goveri ment that the & cond reading of the bill will not be proceeded with until this day one month,
HOD. Mr. WEI YUK-I bave great pleasure in seconding that.
HI8XCELLENCY- I will gladly assure the honourable member that the bill will not be proceeded with for the space of one month a he aske,
The bill was then read a first tim3.
CHINESE EMIGRATION ORDINANCE
The ATTORNEY-GENERAL moved the thir reading of the Bill entitled an Ordinauce to amend the Chinese Emigration Ordinance 1889. The COLONIAL TREASURER SCCOLded, and
the Bill was re d a third tima.
HIS EXCELLENCY-The Council stands ad. journed till this day fortnight.
FINANCE COMMITI: E.
A meeting of the Fiuancs Committee was then beld-the Colonial Secretary pr. siding. The following vote was passed:
PUBLIC WORKS,
one
The Governor recommended the Council to vole a sum of Twenty-two thousand hundred Dollars ($22,100) in aid of the vota Pablic Works Recurrant, Miscellaneou*, Typhoon and Rainstorm Damages.
HONGKONG SANITARY
there
BOA' D.
Mr.
W
A meeling of the Sinitary Board w.s held on March 3rd at the Board Room. The Hon. Dr. J. M. Atkinson (president) preside, and
also present Ilon. were Chatham (Vice-President). Dr. W. W. Pearse (Assistant Medical Officer of Health), Hon. Mr. A. W. Brewin (Registrar-General), Mr. H. Humphreys, Mr. Lon Chu-pak, and Mr. G. A. Woodeck, secretary.
PROVISION OF OPEN SPACES.
Correspondence was submitted relative to the provision of open spaces at Nov. 3971 and 3976 Queen's Road West, The Medical Officer of Health pointed out that this was a scheme for erecting a domestic building on the top of a godown. Yards were being provided on the top of the godown and there was no reasou why a scavenging lane should not also be provided on top of such godown with access thereupeu to the neigbouring street. He thought the scheme might be accepted on condition that permanent bridges were erected and maintained to the satisfaction of the Director of Public Works.
On the motion of the Vice-President, seconded by Mr. HUMPHREYs, the suggest. vrrangement was approved.
CHINA OVERLAND TRADE REPORT.
DEAD BODIES IN BLAKK GARDEN.
Correspondence was placed before members relative to the alleged finding of six dead bodies in Blake Garden. The police report stated that on the 12th Februır, two dead bodies were found in Blake Garden. They were rolled up in raga. One was a Chinese male aged about one year and the other was a female aged about four years. The bodies were not propped up on the seats as stated.
MORTALITY STATISTICS.
The mortality statistios for the week ending 8th February, 1908, showed that the death rate for the whole Colony, (civil population, British and foreign community,) was 118 per 1000 as compared with 16.4 in the corresponding week of last year. The death rate for the whole Colony, including Chinese, was 22.4 per 1000 as against 217 in the corresponding week of last year.
RAT RETURNS.
The number of rats caught in Hongkong Curing 1907 was 25,265 and in Kowloon 13,255, a total of 38,520. The number of infected rats caught in Hongkong was 16 and in Kowloon 12, a total of 28.
SUPREME COURT.
Monday, 2nd March.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT).
A NEW BARRISTER.
The Hon. Mr. H. E. Pollock, K.C., moved that Mr. Joseph Anderson formerly known as Hung Kwok Lenng be approved, admitted and
enrolled to practise as a barrister in that hon-
ourable court. He said that his Lordship had
before him the affidavits and declaration which had been made in the matter, from which his Lordship would see that Mr. Anderson was admitted at Lincoln's Inn on the 27th May, 1906, There were also the affidavits of identity by the Hon. Mr. Wei Yak and Mr. IIo Tang, and his Lordship would find on the file an affi lavit by Mr. Dixon of Messrs Hastings and Hastings in which he annexed the deposition that Hung Kwok Leung had adopted the name of Joseph Overbeck Anderson.
The Chief Justice said the papers were in order and he had much pleasure in admitting Mr. Anderson to the bar.
Mr. Anderson thanked his Lordship for his kindness.
IN APPELLATE JURISDICTION,
BEFORE THE FULL COURT.
LAI CHI CHIN AGAIN.
In the action Leung Shun Hing and Wong Tsoi against the Tak Lee Loong firm it was decided by the Paisne Judge that Lai Chi Chin was a partner in the latter firm. Lai Chi Chin appealed against that decision and the appeal came before the Full Court which ordered a rehearing. The case was now heard de novo. The Hon. Mr. Pollock, K.C., in- structed by Mr. F. X. d'Almada o Castro, appeared for the plaintiff, and Mr. M. Slade, instructed by Mr G. K. Hall Brutton, of | Mesars. Brutton and Hett, appeared for the
appellaut.
The Hon. Mr. Pollock stated that when the action was recently before the Full Court bis friend said he was prepared to bring forward fresh evidence and their Lordships directed a re-bearing of the issus to be taken before the Full Court. proceeded to open the case for plaintiffs at length, the details of which have already been reported.
Mr. Pollock then
The hearing was adjourned.
Wednesday, 4th March.
IN SUMMARY JURISDICTION.
BEFORE THE FULL COURT.
LAI CH
CHIN AGAIN.
165
Paisne Judge that he was a partner in the Tak
concluded. Lee Long firm was
The Court gave judgment for Lai Chi Chin and held that he was not a partner, The Hon. Mr. Pollock K.C., instructed by Mr. F. X, d'Almida e Castro, appeared for the plaintiffs, and Mr. M. Slade, instructed by Mr. G. K. Hall Brutton, of Messrs. Bratton and Helt, appeared for the appellant.
Thursday, 5th March.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT,
THE SWATOW REFORMER. Their Lordships heard argument on the sub- ject of costs in the action in which Ia Kai Shing, known now as the Swatow reformer, appealed against the judgment of the Paiano Judge upholding a decision of Mr. Haseland, the Magistrate, in the extradition oase heard before him. It will be remembered that the Full Court, last week, sustained the appal and discharged In Kai Shing. Sir Henry Berkeley, K.C., instructed by Mr. Oto Kong Sing. appeared for the appellant, and the Attorney. General (the Hoo, Mr. Ree Davies), ins tracted by Mr. Bowley, Crown solicitor appoared for the Crown.
The Attorney-General intimated at the outset that he thought he could save the time of the Court by stating that he agreed that the Court had discretionary power to grant costs in such actions.
Sir Henry explained that his application was for costs against the Superintendent of Vistoria Gaol. There was the case of the Queen against Jones, which his friend had examined and now conceded that the court had jurisdiction la awarding costs.
The Chief Justice said they should exercise their discretion and award costs in this case.
The Attorney General intervened with a request to explain why, he was prepared to concede the point he had. Their Lordships had decided that the code of Civil Procedure applied
in this case.
The Chief Justice did not think the Code of Civil Procedure could be substituted for the
Judicaturo Aot. It might be that under the Judicature Act criminal proceedings could be taken, but they certainly could not be taken under the Code of Civil Procedure.
The Attorney-General said he understood his Lordship to say it was not a criminal trial.
Tue Chief Justice replied that it was oriminal proceedings. He could not say that habeas oorpus was a civil procedure.
Sir Henry submitted that it was
The Attorney-General asked the Court to exercise its discretion in favour of the Crown or at any rate as far as their Lordships could In the case of Bell deem it just to do so. and Cox, already referred to, the court gave appellant the costs of the appeal but not the costs in the Court below. In this case the points on which his learned friend had succ eded in obtaining their Lordships' judgment were not taken before Mr. Justice Wise in the Court below. So far as the merits of the oise were concerned they had wou all rennd. Referring to the form of the applios. tion, that their Lordships should grant costs against the Superintendent of Victoria Gaol, he said he did not know what form their Lord- ships' decision to award costs would take, bathe presumed they would be against the CrowD.
The Chief Justice-The Crown is not a party. The Attorney General added that in this case the Officer of the Crown was merely noting in obedience to warrants addressed to him and he submitted that no order could possibly be made against him. If his learned friend obtained costs against that floer he would have the right of action for false imprisonment.
The Chief Justice—Yes, in this case it would be the Crown only.
The Attorney-General-I_object to the pro- dedant being established. If costs would” lis against the prison officer in carrying out the duty placed upon him it might open the door to actions for false imprisonment.
The Chief Justice-I quite follow you. The Attorney-General" pointed out that the The re-bearing of the action in which Lai | Crown here represented the Chinese Govern. Chi Chin appealol against the decision of the
ment. Proceeding, he said that he was obliged
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