CO129-357 - Governor Sir Lugard - 1909 [7-9]_Part_007

(b). That the Chief Justice had stated that he would not have juries when he could help it and disbelieved in them. Mr. Hewett pointed out that on an application for a Jury a "Special Jury" would be appointed, and he submitted the view that a Special Jury in Hongkong would consist of very able and intelligent men drawn from the Merchant class who owing to the inter-relation of all business interests in so small a Colony possessed to a very unusual degree a general knowledge of business affairs out- -side the particular branch in which each individual was engaged. Such a knowledge was not, and could not be possessed by the Chief Justice, however, able. He informed me that the consecutive refusals of the Chief Justice to grant a Jury in the cases cited in his Memorandum had caused such a feeling of alarm and distrust in the Mercantile Community that it was within his knowledge that one prominent Kerchant had instructed his Solicitors to compromise any case and so avoid submitting the issue to the Supreme Court. (c). I had gathered the impression from his conversation that the alteration in the law was primarily desired because of the attitude taken by the present Chief Justice, and the lack of confidence which he represented to me was felt in him. I therefore pointed out that in my opinion it was a serious matter to alter the law in order to deal with a temporary inconvenience, and I asked him (1) whether apart from the situation produced by the individu-l idiosyncracies of Sir F. Figgott he was of opinion that the change in the law would be of permanent utility whoever might be Chief Justice, and (2) whether I understood him rightly to infer that Sir F. Piggott was averse to allowing a Jury and if so for what reason. In reply to the first question he stated that he considered the proposed alteration of the Law to be a valuable one, and adapted to the circumstances of this Colony, apart from the individu- -al attitude of the Chief Justice, and he claimed in this view to represent the opinions of the Chamber and Community. In reply to the second question he made statements of such grave seriousness, that I asked him whether he wished me to accept them as official communications made after due consideration. He emphatically replied that he did, that the interview he had sought was an official interview, and he was prepared to stand by everything he said. In brief he stated that it was a matter of common knowledge that if a client wished to win his case it was advisable for him to engage a particular Solicitor, and a particular Counsel both of whom were favoured by the Chief Justice. The Barrister in question disliked a Jury since he was apt to lose his temper and irritate the Jurors, and that as a result of this state of things the party to the action who had engaged the particular Counsel opposed a Jury while the other side asked for one. He added that any means of enquiring into the truth of this allegation was im- -possible, for he had it direct from a highly respected member of the legal profession (who himself shared his views) that even were a Royal Commission appointed, the whole legal profession to a man (including the speaker) would support the Chief Justice of whom they lived in terror, fearing pro- -fessional ruin if the Commission failed to substantiate substantiate the charges. In the circumstances I have no option but to report this conversation to Your Lordship and I am bound to add that I have heard practically the same views expressed from wholly different sources, but after the most earnest consideration I had been forced to the conclusion that looking to the inherent difficulty if not impossibility of obtaining any valid proof it would be useless to report these allegations to Your Lordship. I have the honour to be, My Lord, Your Lordship's most obedient, humble servant ↑ Governor,&c.. Enclosure RECR Le 16 SEP 09, Hon. Colonial Secretary, In each of the 4 cases in which a Jury was refused a very large sum of money depended upon the findinga on the issues between the parties. In the case in which the Hongkong Bank was defendant the sum involved exceeded a million dollars. The Registrar, Supreme Court, can furnish the exact sum in each case. In each case material issues of fact had to be determined. In each case the party applying urged his application for a Jury: hut was refused a mode of trial which hitherto had usually been allowed if asked for. In each case the refusal caused great dis- -satisfaction, and unfortunately so far as the feeling of dissatisfaction at the refusal of a Jury was concerned, in each case the result of the trial was unfavourable, wholly or partially, to the party who had asked for a Jury. (sd.) H. Berkeley, 28th. July, 1909. idential. Jasosë fetnofoll .com Enclosure 2 0.0 30923 GP 16 SEP 09) est. Yuk e dobe må negat & mile to done ni nike te woigt hebreqsh vanor "o cue antel Vyer a bears de dubie al sans et al .anidrag att noewded animat mile no e habeante bavlount purn wit drebnetah new Xme mmosinco shorter AM.#sfah notfram to restra Intergat kaso fore ut .Saso dose ni iwe JOAXA Are hemm mutyl as wheq Al Paso foah ml ffable Init" to eho, e busqurt... PAV *me real a not goizeolf....5 20% bacne si bevor's (oad vfIetten had odvario bet ienso Lenetsh wl eneo done al no malinat s:t as mat og gles sousnoftri han,pol, vetuftan- ben mozon as vo” a to Comptex add 38 nofensteizraaih to forte,&fdeurv«ttur, naw India edo to 2limmer *** 1.8 -ot hay ng hari ortu vtraq effe of Jolmel . (2) Hon. Colonial Secretary, I attach a "Confidential" Memorandum by the Crown Solicitor on the 4 cases in which a Jury was refused. It appears to have been the repeated and unusual refusal in those cases which aroused the Mercantile Community to action. In each of those cases a very large sum of money was involved - the amount being in the case in which the Hongkong Bank was interested over one million dollars. In all the cases material issues of fact had to be determined. In each case, as it seems to me, the discretion should not have been exercised to refuse a Jury: but having been exercised there was, in the present constitution of the Appeal Court, only an appeal from the Tudge exercising the discretion in Chambers to the same Judge sitting with another in the Appel Court. (Sd.) H. Berkeley, 28th. July, 1909. Add vi par NATO. 【KAUSKOAF Isinofo. .KOT "Jeb nabiro" a fogste I *I .b mate Bow Yn % ♬ story at ɛoreo :- suit no torkalf 2 avand goile et Isait x fentem hus betra jam art cand smart at fidential. Enclosure Minute by the Crown Solicitor. Hon. Attorney-General, 0.0 30973 GP 16 SEP 09 In 1907 and 1908 verdicts were found in the cases of Kwong Tak Hing (Insurance) and Reuter Brockelmann with which the Chief Justice disagreed. .notone od vrtna 200 stlinpone erte benitors dobiv 00220 20 win wrtAČ VRAY B ACASO 90 flops (1). On 9th. January, 1908, in the Standard Oil Case he ordered trial with an assessor instead of a Jury this is the first of the 4 cases cited by him in which a jury was refused.) ert find y ni enan te nd sat d truocs » 2 - barlow RP teror [0 dI „atelloh unk(bí ano tevo hedast du? ese de arroz co o bad dot to neraat FA 89089 G.TV (5# 00 RECne ch ak jerno riors MI herb & Oriften or healomeze read expit en klmore ( * zobówaken on dis net, &* *.5% ** Is balonexs meet anbe wf diet antalovax amber eft core? I se nam MN WIKO Provon Ies CA sɗa to refu umbadła anhum ALAR Before F (.BP) G: ersɗmo!!! st gospelh S02 .no Le qh wit at naittoms In July, 1908, three applications for a Jury were before him (the 3 cases cited by him). (2). Imperial Bank v. Leung Shui-kong involving over $300,000; (3). Lau Man Cho v. Hongkong and Shanghai Bank involving $1,340,000; (4). Hip On v. Li Po Yung, $300,000. In (2) Plaintiffs applied for Jury which was refused on 25th. July, 1908. August, 1908. In (3) Defendants applied - refused 8th. In (4) Defendant to counterclaim applied, refused 27th. July. In each case the party applying for a Jury lost the case, wholly or partially. Until July, 1908, it was generally considered that any party desirous of having issues of fact tried by a Jury could get a jury upon paying jury fees: these 3 decisions to the contrary given within 14 days caused the feel- -ing in favour of reverting to the old practice. (Unsigned.) nordul lor mor? Ade Islahi ridential. Enclosure 4 far cre"-USUS OJJA cuk at barot stew acothtar 8000 has 7025 AI 4th. August, 1909 MEC Tre 16 SEP 09 mrts (ANDOM. NASDA here (enromre 1) nuiH HA? growl to ebaso .bestmeath soldgui tats ests follw fabw Dear Captain Simson, Freebie: 2 erit mi,8080,wigimet e mo .(1) s to beecant roanada w dale teie hershrio sit 8ew or a fat v ri gid v bedžo apasa b edo to Sett edd (beautet . Cette we botto Bezan & ada) whit mother anagr sevo gnivlovak gror-bude stret . doel! Ishaqrt .(S) 2000,008 2 Inel turfeadh bats not-poll.v odio nghi vet .(E) ¿000,098, Li matytownb .000,002% #O GET . (A) I enclose a memorandum which I prepared and submitted to the British Members of the Committee of the Chamber of Commerce in order to facilitate the discussion at our meeting yesterday on the proposed alteration in the Jury Bill. His Excellency night like to look over it, before seeing me this afternoon. I would add that though several rembers of the legal profession have seen my notes and agree them as correct they are very anxious that it should not be known that they have had anything to do with the matter and consequently I accept sole responsibility for the statements made in the memorandum. Aložky vyruk to? belings atthenin£T (8) at 800E VI. .dies no hearren Bay 100 heput batt se adnebneter (2) MT .auer SCRIMITA ball qe misfotestung of dusbiet.C (A) NI Vid & No? naivique via), el seno fore I • „ers beautur 9289 949 caof effesagen onw si 2005 { free cont to mentant wriver to avorioeb veeng yun dels herchźniton & caede tanc↑ "ruri, snizaq NOTU VRUTI, a den binon vor, a vd -Cre Art beaires avah 50 mtrial movin vendres add of acotatoeb .nnlenery in edit of outeremos to trovet et mal- (.bandar!!) Sincerely yours, (sd.) E. A. Hewett. stunofor Iritment" SHURIA INA 7 Motiv eurbrenomea a enofone I rozrite nierged "ee" mod win egit to seastu.00 ade to eadem infti*k end of hevdiraluG qo te noluntoalb 5.7 starting? od tebro ni soterrol to „[IK) vut, edt at mølteredis kagogerg aft no vabiozaex "altern * revo soot or wil alb vanaf fanyl al .gooratta aðild en molese enoted 20 HTA : Interey yorts dat han blow 1 BZ FNIJ SATNA NA BA on yi nee smeri notneskorg Lamaf ede dr & mem! ed for binola at! ultra arap hice me den edo dały ob of sahtevna bad »valt va wife of whey Bettsveca niz no% wifidłano pa o dqsoos I .rubishoPTAIT Sub-Enclosure to Enclosure 4. Notes on the question of the Proposed Alterations in the Jur 380 The two lists enclosed with the letter dated 19th. July, 1909, from the Chief Justice to His Excellency show that between the dates May, 1905, to May, 1909, only 17 cases have occurred where juries have been applied for, of which 13 have been granted and 4 refused. On the face of it, it might appear there- -fore that there does not seem to be any very strong argument in favour of the alteration asked for by the Committee of the Chamber of Commerce. A more careful consideration of the facts will, however, I consider demonstrate that such an impression, if conveyed by the Chief Justice's list, would be erroneous. It will be noticed that the period covered by the Chief Justice's list is four years. In the first list the dates of the order of the actions are given, which run from 27th. March, 1906, to 20th. April, 1909, or a period of three years and one month. No dates are given against the four cases in which a jury was refused but as a matter of fact one of these cases was heard in March, 1908, and the other three in August of the same year. The second list, however, appears to be incomplete. Action No. 219 of 1907 heard in August, 1908, (Chu Tak Sang against the China Navigation Co., Ld., and Messrs. Butterfield and Swire) was originally entered by the Plaintiffs for hearing in the Original Jurisdiction and upon this an application was made by the defendants for a special jury the counter blast to this on the part of the Plaintiffs was to apply for the case to be transferred to the Admiralty Jurisdiction. The writ should perhaps have been more properly applied for in the first instance in the Admiralty Jurisdiction, the case being one of salvage, but it appears to me that rightly speaking this case should have appeared in the womofond of mure of ecto-dub syuk sila ni nuoi-ennaƒA bentges i ale to noltrow add no natok 1. del wat driw bezolone aceti ows Art vo: [[sort all að soldat, tall wife worth ever,HÔM .190! batch US Resura de $ wodE tott bettyje mord stal petrol, eneily bennuroso avail es88) bre barreta toad ovat ¿I do?rk beautes! Sammu gronde VISV ete 0 6 2. 1: 60 cod * 10 soat er'd 10 wis 50 ot me a 200 goob shalt deriz sno?- ad not hadna potests is alt to woven E atust out to colzar-kbroo Dirten ing 8/10. terawor Liv und inen pit na dove tak sturenteeb wheroo T *N-DAKOTA ed binon deif «lnoktal % 10 wuld we hawaenon 17 In area bot- sq alt te ́ ́t beatvou z de anti denda and I .stery turott at duif almottauh bed en yd Kuvions anotior ale to "sbro aut to estab PARI IMG 1500 o*,000I „Jonat WEASY A Uld to babking a to nò a' na wwʻt add ranks, a nevis se anteb ol tnom smo bus nault to ero dost te tandas a na tud beartan esv vol, a datb U to muda huja AGRI,dons of htand av 30220 .LARY AYSE AS AL OF BIFA-UA Yavsvod,fall bronca d James mi bong: 200 20 BIS ott mot of .eteligmanl bus ..b? ..of make givet enben elt ranians mush Xen WD) Bud Nď bet-one vffenbudo em (~tly? hua bisÍTAJUÊ mog: how molévkbalu), Isminino wt at paineell not attenda[4 fatose a rot arrabrotch sild vɗ sham ass molt okfuge ne dide et kaf wit to ataq mult co alde of Jusid sedmioo at Tym sti nt horietaraid or or maso ads "ot yixqB OF GAW .oitot balsut etux aned ever! nysdrag abroría **** *** wtfarchablet af ensưrudd ranty add mf not netfuge Viejong exo muind para wit eward afronta enna this wakirevn vindeyim əmilə Chief Justice's list. It is true a quibble might be raised that the application was not refused, but this would only be a quibble. The Plaintiffs did not wish a special jury and so applied for leave to transfer to another Court, which was agreed to by the Chief Justice. There is, however, another and a very important case to which no reference is made in the Chief Justice's list. This is one in which Messrs. Jardine, Matheson & Co., are interested, viz.:- The China Flour Milling Company veraus Messrs. Arnhold, Karberg & 8o. which I understand is to come in for hearing on the 4th. instant and which involves a sum of some $250,000. The question at issue is, so I under- -stand, whether Messrs. Arnhold Karberg & Co. have correctly carried out their contract with the Milling Company and supplied them with an ice machine capable of turning out ice of equal quality and clearness as that already manufactured by the Hongkong Tea Company. It would appear that this is eminently a case for a Jury. Application on behalf of Messrs. Arnhold Karberg & Co. for a special jury was made so long ago as 27th. April, 1909, and refused on the ground that the question in- -volved was one of law and not of fact, but still this case does not appear in the Chief Justice's list. There may be other onissions of which I have no knowledge, it may, however, be worthy of note that the lists furnished by the Chief Justice only bring us up to the end of May of this year while his letter is dated 19th. July, 1909. The lists should be up to date even though no cases may have occurred between lat. June and 19th. July. Before proceeding to comment on the Chief Justice's letter, I now give a brief note on each of the four cases referred to by the Chief Justice in his second list and the two other cases I myself have brought forward:- or calt kat mledhim a arc et ST .tul! c'eoleen Saldu ed vtro afro atris sud beruter con arw nob-nakiq e edit dat on Tua yung I-tonga s data con hih avtoslarg eff? .sicdiáp # beeripa eew fołzy,**wol redrons of tatananý oz svse! not bei Ispa Voltak tahu ade of of ung fire retonstovavolat ered tot el mi khet ai soneretet or dold of enso factoqri 、oni mah .ateesid Joh n end at a call a'nat@uh! stenot mak£C: "wot" enhill 9.00 -t.al” (baceoneént ens ̧.00 * .susif alaTAY or a brgatishat I jak:b! .08 & gradte",blodferti $ esvlov: Hati'w hne tusdan „AGE ve no mnie wil tot ni smoo - I OR (at oimeð be notézety a 2 .000,075): enoa to pora VC7097500 FOR giedre bloduri .21883'. Tontow , basca- half, we hue vasqsol mett ally dele JONČKOO shule zuo boinsso Lange 70 and euro "phed to aldeggo schloa sot ne friv mars ela v bennoetenei yhren in zed' 6S CRADTsefo bre vifamp Demnach en ut able re& TRAVES Awon #1 Tegmen est coferol blodet aner to tailed un moterolfona 23 88 076 good da si aew yuh falnoga ♬ 407 .00 3 produs - możcasup wit gera boros ele me begiran Bre ROWLINGA ageo nida Ifiza dud doet to van his war tot ero saw bavlny. „eat! 'soldur telth we ni Tase don neob avy! T Hobal to anotantero telco ed vært ansch ngat! oil dad soon to weldrow auf Schefzzarsi or lst. Case Lau Yeong Wood v. The Standard 011 Co. The hearing of this case commenced on the 9th. March, 1908. Judgment was delivered on the 27th. March. Defendants asked for a special jury which was refused by the Chief Justice on the ground that the questions involved were too technical for a jury to comprehend, but as he stated that he himself did not understand them he proposed to sit with an Assessor and "faut de mieux" the defendants accepted this. The Assessor was Mr. J. Orange, a Civil Engineer and Architect. The sum involved was rather over $50,000. A careful consideration of the case will show that the questions, though to a considerable extent technic- -al, were largely questions of fact and to the ordinary business mind essentially a case for a Jury, As regards the technical side of these questions, these could have been dealt with by expert witnesses - such as for instance the Assessor himself who could have enlightened the Court, and the Jury, where enlightenment was required. 2nd. Case. Hip On Insurance Co. and another v. Li Po Yung. This was a claim for balance due on a Mortgage the sum involved was large, about $200,000. The Mort- -gager asked that the sale of the property be set aside on the ground (1) that there had been fraud and collussion between the purchaser and Mortgagees; and (2) that the sale was at a gross undervalue. to bro mit or or at maine" Ino #alanul tell aufs vd beilabımart .0000 CORT AVM bar the ot sava. I nh? SILAW YANy able to va eva na asaza on dhuroile mere Adab nó qu nd bluola aful! $20? jom „tent han var .caf me wred harumno Visit: ras no one on ng maib soon, profef "Orq's je to roma rin woon tabur e eris von I pisdesi a'soldesḥ has zelf brepen alt að noten" yet aựtý vết où he***te* 2*230 -threwtoTMk rifewon ovad Meet. I nenso teito ove edit The defendant to the counter claim (Kwok Yik Ling) asked for a special jury inasmuch as the above were absolute questions of fact, while allegations of fraud ought properly to be invariably dealt with by a Jury. The Chief Justice gave a written decision on the application, indicating that this opinion was that there should be a Jury and desiring that the questions to be submitted on 10 beshurt? eit Ansd *af But no heOKA: CO BRo able to athrawl art? „Alarmi „dek sit no bezsvileb new Sami byl. .3001 „dorel 130 sor ve hearten amr dat `V wut fetamin a nut bexas aúnahaster Atow bew Corgi aquiërsip red histone adó no solZRUL teinD da a braon sot në curi,hreremyrton OJ VOL 5 Not [solmfond ood un rid hw ała og beɛogora at mayla but: tnrahter yom nibh eendit or 97. Jabit betienne atishi ter da "quely ab Suk?" fun tonnenGA „Jondliin A biss Yumakwal Ii vf? A eprosto .5 .7% em tonneand ,000,02% *«vo se vem daw havlovgi aun a'food cracza mir. Maabarco a od aproni?anofonsup ele caule woria Genukaid we thro be of hun dost to anobrass tonnaÏ #10: 16- A NOT BARO & qffaimane belt Sara to shin Destrular abaanné dretes an Mały dleah render biavo intisanoi Jaeup ve hon tw - Mentid "onsenɛÀ mud setungi "0% as flore - tus eft bur (dsvoð erts betsmykus of aor rumt! T MUUT OF H s no sub antelin sot penfa ****10 eit. .040,008% 3/ons,**IR! 9. mo shlen den st bordimer Raw herfoval zura 5. ́t aner 740 : to slaa alt tsut boxes Tone- alt meewe motaestioo has bueret itend bed asarid dart (0) Breton- anore a va naw elan vale earla (a) kem (enones10 bra Tonadong dow!) rosła "aptu:00 allt of anchtaleb siT (55% arods sit as nom asal sul Celana e tot besige (pat: XY turn butent to erotame le Cost to enojšneær sövloade LAST A YOUNh clob vidstusvah ed oð yfuegong Holh mint 8 SVA colini tabit t Brera İn'ð Naw nutut jo abe dalt qndësoibal,moltenkiqjja eda no weert sing ed or anot: 2867 nih dede paintnek hoe work end burada to it should be agreed upon between the parties. This could not be done, and solely for this reason the Chief Justice subsequent- -ly declined to allow a Jury. The suggestion made by the Chief Justice was in fact impossible to give affect to, it being well known that such questions can only usefully be framed after the hearing of the evidence. The property in question, the original value of which had much decreased through general depression in land sales, was undeveloped. It was intended to be put up to public auction by the Mortgages, but was withdrawn at the re- -quest of the Mortgagor, Li Po Yung. It was then offered private- -ly to various leading individuals and Companies in the Colony who deal in land but without effect. A certain Chinaman was then approached (the defendant to the counter claim) who made an offer of $180,000 which was accepted. This was the best offer received. The Chinaman then, as an ordinary matter of business, formed a syndicate to purchase and develop the property; and some 16 houses were then erected. The claim to set aside the sale was only made after the property had been developed and after the pur- -chaser had entered into a special undertaking with his Mort- -gagees to provide the necessary funds for the development of the property. The charge of fraud and collusion appears to have been based on the fact that two members of the syndicate to purchase were in the employ of the Hip On Insurance Co. (the original mortgagees who sold to Kwok Vik Ling.) These men, however, between them only contributed a very small proportion of the total sum, some five to ten thousand dollars out of the total of nearly three lacS subscribed to purchase and develop the property. The case was tried without a Jury, the sale was set aside and no compensation ordered for the money ex- You hiros cu?! „eetne, no neeveed doge hoarse nd blynila 21 at drome ading wattgih kulit a lé nouant al (* "ot vietos hor enob se tell) wir ve absi nottes - wa el yon a wolfs or beatfonh vi- Vitac 21 20f rumite ovim að ofbraoqni ront ni ese solteul, beert ze guiment (Inc ken anottapue fora deild mwonź (Isw to patawi kuid redhe Ismintro memotresu mi geregong An ni nofanerɖsh femena ubror() benaaronb das bad Kolly to oulev or qr turq el of bebre vol new 7 .becolovebror asw Reise busi men edo do rowerhovku asu de (ESMANČNO ara ed mottake offdieg * Asy I •DR OF AT wd to ROPE- aðaring heret:0 pofol este nd unding of his nie. hivbbak maibga! amoi“ev od x- do 28 roničke dud braf ai Laob offer mir) bei'oson ya mwit asy as walt disgras A 000,0%£% 20 Tento na eba. o. (edato naamios ade or dusbauteb hedgeons new dow „bevinges reto dand as enw eb Cedra. Anthro Me Be (ENIT CA SA azt eric golevan big bandoring of menalnega a hrymo?,raskland to .boaners rely ends, aceros al emoz hrs (Vinoqong Ino ask elva et abtes zen or athaf wh #UNG net rette bu hoqoIever no d bar wêrteqor -510 ab' sebw mutis egnebrar Jelosa a deal hereros bad IsaBITO- to de golovch wit not abrit visaanood sild shivon; or 899382- are pe notari foo bee buant to endo el OW" dere das wife na beasd need evad of *e0 voter Want nú q* add to yoligs we al eray sessiong of CHIT ME Mood bloa orly anseen toe Isaiyiro zino ustić na wood evil mine qua Isto* : La a viav ♬ bezuding noo aо8£ nende vêy on to Iedox and to tнO Zreltoh busavorit ast of be bitte wwregun milz qoforoh bis sandorug or bedbroadue hut # crore iw bain: Bev paso ef r. tot berobno rolaRECHORON on bus eblas taa nsw expended in developing the property. The defendant to the counter claim, who was the biggest sufferer by this judgment, is appealing to the Privy Council against it, and has already obtained an opinion wholly in his favour on this question of compensation from one of the leading Equity King's Counsel in England, which has been endors- -ed by the judgment of the Puisne Judge in the preliminary appeal here; this however was over-ruled by the predominant vote of the Chief Justice. 3rd. Case. Imperial Bank of China v. Loung Shia The amount involved in this case was some $350,000. The Bank asked for a special jury, the defendant's Counsel opposed this on the ground that there would be a pro- -longed examination of accounts and the Chief Justice supported this contention (under Section 290 Sub-section 3 of Code.) As a matter of fact although a large amount of evidence was taken by commission in Shanghai &c., there was no very prolonged examination of accounts as the whole case only occupied a few days in the hearing. Judgment was postponed and delivered after the Chief Justice had called in a Chartered Accountant. It is open to argument whether this Section of the Code should have been applied in this case. The sum involved was a very large one, and several questions of fact were raised. Under these circims- -tanoes, it would appear that a special jury composed of lead- -ing business men of the Colony would have been a more satis- -factory assistance to the Court in deciding these questions of fact than a single accountant. 4th. Case. Lo Man Cho v. Hongkong and Shanghai Banking Corporation. This was a claim to recover certain securities held by the Bank which they claimed had been deposit- -ed with them as security against payment of certain Bills of Exchange ‚"žnegang oris nakɖofør b at bobnauza une oilw、użalo reči:oo suly or tushnoteb suff wybyß wie de tráfnsuge al, tubombul, abid yd renat va des mid evla pitalu notut jo us boulardo vhsenļa noit bis di tantana Ilamrol mild to são rar, Höfðaen-grico to noktaorp alilé no woyek aki ni busint mi Iearr a'qul olan gribasi -añobus (1890 a dobiv Staithed long suit of embrī. maalu2 edt to dusraboj, siir vd bo- anith whəng með yď boliy-tevo ake revovod alde partai Iss118 oldu 1-13 0.17 to scov ate quot v saint to sneg fetapil 30.02 usw papo alile ni beyComm) tacors erf ses .bid a'rushvrstah mild yuh fatosqu s tot berlas 215 50.000,028) worth a ed blwow srede is & bevorm offé en afle beau Isemro3 bocnogra palda T tabith eile bae #truouor to notesateave bennol- (.sbob to 6 molrosa-dı” 00% nokzoe? rebruc tolésedauo a lis *RIOUS Aset a dovodidle dost to racha s el Can Di 7 n. bat nani? at note. In oa yď nehat Raw Sonebive 70 Bala *foliv ela as Bðmsodor to moltechska beynolong vise on hekoutnog nav rearmbut Ancei 45% ni ayub ust a belguono Miro bane, next s i betina bai galia 1 tabah ada 402to berevifob bra Exchange. The issue before the Court was whether the unpaid Bills of Exchange were, or were not, drawn by the agents of the Wang Fung Firm and negotiated to the Bank. In support of their contention that the drawers of the Bills were agents of the Wang Fung Firm the defendants produced certain of the Wang Fung Books showing all the Bills of Exchange as drawn by the various native banking firms entered in the "ang Fung Books to prove that these native banking firms were in fact agents of the Wang Fung Firm. The Chief Justice refused to admit any of the Books in evidence and stated that he believed the Books were not the Books of the Vang Fung Firm but were really the Books kept by the native banks in their bill discounting business. In this case there was not a large mass of Chinese documentary evidence as the defendant Bank relied on about 3 or 4 Books to prove their contention. The Bank applied for a special jury and it was refused on the ground of Section 290 Sub-section 3 of the notron niitz inflrule Inorumna 02 de ni I .9a8o ujde ni baifqqs need are hiwora whol ede to (ANO BATAI WAV B Bar haylovui rua erő -amotto eeds robil.boater ere, tost to anoldean Izzovez -beef to bennigoo vyį, Lefooqa a Shar menggo alwow di B6DNSU- -elisa sort a hole avui putov urodon sɗa to nen naenland pal- to omobrang sarda salblush ai asuoti mir of sousdelana vtorout- „HOÀ Jatoqlol mažinað .némvooos simila e mart jost .9840 SA Kładzeo 1600/ of miało 8 as at T méhan jab meed hai bentsło ve's noire Xask wlà võ html eAi:İYOGR To sILAK mintiiso tu rusenten rank na vrinposa es reuir dołu biņ* was $1,340,000. The total amount of the claim by the Bank The Chief Justice rejected the Books on the strength of the evidence before the Court, but it was essential- -ly a case for a Jury to decide whether as a matter of fact the Books were, or were not, the Books of the Wang Pung firm, and also for a Jury to decide whether or not the Wang Fung firm had drawn the Bills in question through their Agents and negotiated the same to the Bank. Action No. 219 of 1907. In August, 1908. Mr. Chu Tak Loong against the China Navigation Compan and Messrs. Butterfield and Swire. The writ was endorsed for $10,833 in possession eltoltolih as: 37% all tufe #xoted event sitt .Annafox atuena sild yo mwenh,JON 91AW TO ,anew anneilox to all bloqu vt beteljogan bas wit gave got artý to, derator elite ent to erowath sdt tada noténetnog in to to gi vano bearberry atrsbustab sila xet" gum ghar eda to * (La Brivoula ednoff team ŋuz” vự mmh be snus out to ALIJA QUOITAY end mi ha dhe epit zadnad evis e alone, and eve to nemes thet nå «row arv.it "ned evides enoria dadd Avon, né *PRIT AWT gre" and to una dirba o. Beauton saitait tehd" AND ndoo wa bevollud all tells hateva bra oonehive mi efoof ext art vilser stow and wil" mar ner and to aloof at Jou arew qni yuregalh note "hard at wared sviter er ud age role of .eveniaud possession of the defendant less such amount as may be awarded to the defendants, China Navigation Co., for salvage. Plaintiffs claimed that the award due to the defendants før salvage service be assessed by the Court and that the defendants be ordered to pay them the sum of $10,833 less such sum as might be awarded for salvage service. Plaintiffs also claimed $1,000 for wrongful detention of the first named sum. The plaintiffs issued their writ in the original jurisdiction instead of in the Admiralty Jurisdiction. Defendants applied for the action to be tried by special jury and the Plaintiffs thereupon applied for the action to be transferred from the Original Jurisdiction to the Admiralty Jurisdiction. The Hongkong Milling Company, Limited. and its Liquidator 10 Haas RYTRI 8 200 650 Pet seno nie ml o bellum Men toch uten bild na eni hive vrstevoob nesnt/0 derd erong o* aloo" Amp & birorfe JE DA Mai Tatraga a mult belly s dnse, e72 ely to © noivong-din usg roless? to bruong gia no bonuf?5% zaw X-5 gựa và : dato sut to errors feror spl •000 OPEL XSW edo no asook e. 3 heronjen polvari tein☺ off -Iglesinas are di due (drural ec2 shofer earthlys era to nižegveda add dog' t STON & Be alteri ehtosh of crot a not beko s v{- bita,erit "i Neat to #loof" erleton enEW NO *** &Noot bøl brutt mine me" að son to teclas.lv shłosh of yuh a 101 oals belstrmen hee Azgera therto sia, ondir qolganap al alii8 eild meth .Inak el of erae $13 CRI DA CI Koijantys POP! 0 0 .07 toËZA O JE ISTA snood del mot * 186,00% not bentohen any dito nift Arnhold Karberg & Co. This is an action instituted in December, 1908, to recover some $225,000 as damages for an alleged breach of contract in connection with the sale by the Defendants to the Plaintiff company of an ice making plant, such alleged breach being in respect of the Defendants' warranty in the contract to the effect that the plant would produce clear crystal ice equal to that produced by the Hongkong Ice Co., Id. It will be obvious that the question involved was one of fact, i.e. whether the machine supplied could, or could not, produce the required ice. A trial before a Judge with a jury being the appropriate tribunal for dealing with em questions of fact and the Defendants desiring such a trial, they asked for a special jury, which, however, the Chief Justice refused, on the ground, as far as the Defendants could understand, that he appeared to consider the question involved as one of law and not of fact! The trial takes place this month before the Full Court, by na auwone more nue! Auchantoh wie to poinaennog .00 molde fval withND sub blaus erit dat bustelo ettiinia ·· special arrangement. usaabne Reh one of 27th. April. boramane nd solvton ensvisa tot acuabnetsh wlt The application for a Jury was made on to para e 2 rteva vng of barsbso ed aênahmetel erfå der hun .nak ng swarf g ot bebrava ada 3.mie es mure five man! 666,01% to 80x jak Dirtenute not 80,£\ be talo owls attionlaÍZ .mua h-rier detit mult på dinw ubule hepard #??ijnisiq am „ft koolbgħna VTech et al to hendunt noitofbel¬ul Iandeiro ed of modne mit tot hetima a. ushue?»C cut belige Roquenesc etulundert erit bas quit I-bosqe vi bebe of uoltokbat- % fani-1-0 22 mont børstene det of nolcoR SET uuttokbatak vårazimbi ede norbim AT Tatepet at bearsimit mA.De me at aLT Howend benelle de No' armsweb de 0-0, PSS.: erion Teroget o*,2001 at va nauhustad -dt 3. sisa els ultiw noi:sennoo ni doekenos 10 dogond bonelle fojų „Snsd, intdev sot me to zruqrotttiJAIT dominoo na ni voMTAY 'adrebetalt er to Jongens ni nedod Aoi [ROSYNO Kondo garcony blvar duela end 'smit do625 8 7 of 9 If I HI . .00 ea mao: stoff ** yg hea:bot, døds of Isupe rolltow .4.7,eng? to sno GAW hayfovul noitesup mit 38. & auolydo berbuyer wla mo the *on blan to blon bellum antifoam: erit orsinger na sile ended gol, & al tw what a stotel Lain A .sol a bea dost o anofdam pus cute quifash nott Incuding falnega 8 tot bedes ventizik A doua sutinkach atnsbosted bizione a ir no or butas NOM beauter untra: 5 Robin mit Devewordokily,*** Java,DUZErshaur h£icos xénabostel wild as te 20 lebat to don his wal to one we berlovek qoftasup silt neblaues other itsonable coniq asïsé Isind erfü With regard to these six cases it appears to me that of the four quoted by the Chief Justice the 1st and 3rd. should have been tried before a Jury. As regards the 2nd. and 4th. there does not seem to have been the slightest justifi- -cation for the withholding a jury. The total sum involved in these four cases is $1,940,000. Turning to the two cases I have incorporat- -ed in this memorandum the first, a small matter, should proper- -ly have been tried in Admiralty Jurisdiction with Assessors. That it was first entered in Original Jurisdiction may seem to suggest that the plaintiffs desired the Chief Justice to deal with the case by himself and free of Assessors and only made the transfer to the other Court when a special jury was asked for. The second case is a very important one, involving a large sum of money and an undoubted question of fact and is unquestionably a fitting case for a Jury. With regard to the letter from the Chief Justice, in paragraph 2 he states applications for a Jury are not frequently made. The Chamber of Commerce never said applica- -tions were frequently made, but what we do say is that where there are important facts involved, the application for a Jury should be allowed as a matter of course even though objected to by the other side, and not to be refused. The remark that only four cases (in four years) have been refused is beside the mark and has no bearing on this question. Paragraphs 3-4 I have just replied to. Paragraph 5. This I deny in toto. I consider the cases quoted by the Chief Justice clearly de- -monstrate the necessity for an alteration of the law and this 20 the DAV KOHT # not neidrodigia si anan por VÀ Bobao xin sanit or pramen de IT .‡Cevennes Isiveqa „EINGA JAR 72 ma del elt sattuul. Y1:10 Bnr gf betong mot erit to exile evt ot •MC CHÍ GIISTAY MÁ .YUNG A *noted bebÝ IN - ved bforfa .b& →inivel dansgendIn wie man øved or resa don asob vald .fite bra I hovlarni vans Intot - „YUL. A vežbiosisiokw wild, not not/go- 000, 05€ 15 at aneso turot eeo:ly -dano zengi sya? I ca%80 00/ BA -*SONG Bore € *R*DataGA 100w nolcokbatur, vblenden! ni being aned ever! vi- Ingkete() mt hou com ***i^ B besbaab utarbely mis terk base of mere yari nolculbain to nst bus ticentri ad caso es rithe Ekob of solta T teir art A new drino Thờ mg of Danente me shen vino bus atoutsenk .net her as esv vunt Isioega sees bronus erit to wobble; barth ohm HS DE NOVO to win entef & quivlovat A net bred title.li a sidemakdaen, is al bue Just 3 BON'T 163, AL BUN AY), Act acolteuli „A UNOSIR ME & fpermaneg að (Doitavt -solljus hian men da beremol to tenths. 1 sull,nhac visetupent doz attuale da z at Ysa oh rv zary and PURE VIJESjent enw anol?- be not matteolla ere,hovkonti adnet dasdrogrid ena storit beanetɗo ilgwollt wire hanno to telean a en howolle et birorta .bauit. d 0. dor bite,ente tecido mvis vi os -ndresd on net par da Loud at beautem cond wwwt (ansos rattasip aide to •at hebigen TRUL ved 3 1-6 edgermutte¶ I .0303 ni yeh I pi -Ah oftacio saltau, tohib ale vd heroup asaza siz robinLOD abio pra sad cult to molten vis ne not woð khanoer að point I will deal with later on. Paragraph 6. It is very satisfactory to have an assurance from the Chief Justice "that personally he is not at all unfavourable to juries", as hitherto the Chief Justice has made no secret of the views he held (but has now apparently abandoned) that he did not approve of a Jury and lie has stated this on more than one occasion. If any further argument were required to ser show the necessity for a change in the existing ordinances it is found in the concluding lines of the Chief Justice's letter. "In the first case on the list, a partner- -ship issue, I intimated that I thought there should be a Jury to try such issues; but this was strongly objected to by one of the Counsel engaged". Here we have the Chief Justice in agreement with us, that a Jury should be granted, and yet he so reads the Ordinances that he seems to consider he is bound to refuse a Jury whenever objected to by one side or the other. Up till the Spring of 1908 a jury has very rarely been refused, but now a new construction appears to have been placed upon the law and in spite of his better judgment, the Chief Justice seems to consider he is compelled to refuse a Jury if pressed to do so. I believe the Pulsne Judge supports the Chief Justice in his opposition to our suggestion to revert to the old practice which obtained prior to 1901, on the grounds, so I am given to understand, that we should follow the home practice, but this I consider is inapplicable to this Colony and that the cases quoted have clearly demonstrated this. At home application for a jury is heard by one Judge, the case subsequently coming before another. While there is further full arrangement made for appeals. I understand a case is rarely heard by the same Judge who may have refused a In Hongkong the application for a jury is AVTOTOAalten *nev at I .no Rocal riefw lash IIêw † Jalog .0 dipengere q nå mit vienoare, daid" saltani tal. ant novt consturens na ovait tin9 ·le norwilt kit në,"raturi, në sicstumvetmi [1× 24 dom von nai rud) bled of nwnie end to senona on ebat ner solderl OUR YT A to avonijue don hih od dana (benobreds yvlacenanga .notasooo ano nafit eto no alde batetu her! wh of berthente em dne guts Teletort qua t nå et geonsulbro yultako bat il sen ila s not v*laasoen sild wore mimod efantanut telin ede to a. "I saibulonos siit al brurot ** DNSA 6 quil st no speo da alt #I“ van e vet blvole mislé dit marie. I dat base devi Isuent qi's- to ano wf os bedongda vfenonce new addà and ¡animal done we of "benance leamrod meta raconeran ut eotówth tabia sute Av.al ev preet" made in Chambers, or in Court, to the Chief Justice. In the event of a Jury being refused the Chief Justice hears the case himself and then in the event of an appeal against his own decision he sits as senior in the Appeal Court, with two vots to the one held by the Puisne. In practice therefore there is no analog between England and Hongkong, as the law is now administered here, nor can there be so long as the Hongkong Appeal Court remains as at present constituted. The only appeal, therefore, we have from the personal finding of the Chief Justice is that to the Privy Council, a costly undertaking which many would forego even if they considered they would have gained their case if heard before 6. abens on uf der A we furoris vid » deUS The Privy Council would never reverse a judgment of a lower Court on question of fact. Questions of fact should be decided by a a Barter of murod at out webtamon of arene er darle seans (Ibro .**.100 ( 2 to chle who su od boronido meneliv vastĮ VAT ART Yui & BOOI to main g O* CLES MI OF EXEMPLA golðarnar o ten # won end,beaute" nad vienen Cenarmbit **vrod aid to patqa at bris wef at no u haosig meer # eart 02 baffermo at ni neljanoo of ariera entfall tek({D A .na ob of beceurs Al V but we org soberb smukul old ovellad I að dregen af moldannmna uro of mol througo alt at salsal tablo (oholom aria uo,f0ef or Moinų bautnodo dobily motto'ng bio ent trio e a wolfa” bloute sy barvanebaut od nevis ms 1 on crofol wil> or oldnotIqgsað að nokkron I alde ted,ssičnan Tuis buzendutronen "female wet betoup asaso erit duld ben Là vei B not kohtutte setor 2A ** Idona prehod vent on virus; adre esso eda jambit ero berotate for T. Jafone va res when dubennette [Out redazut et emend A beaute « Vs. odw entry one wit nd bined ofanay at 6060 2 It is absurd to suppose that one man can always be right, and yet, as matters now stand, the whole of the business community in Hongkong is entirely at the mercy of one man, whose judgment must at times be at fault, the Chief Justice having practically baconia a despot. It was in consequence of the very important commercial cases heard last year without a jury that the business community became seriously alarmed and a very general demand arose among the merchants, and a large section of the legal profession, for a reversion to the old rule. It is for this reason the Committee of the Chamber of Commerce considers, in the interests of the Colony, they are justified in demanding a right to a jury being granted to all who ask for it and this at once; or a full court of a no coksenkt The question of an improved appeal Court atedruth art ebon el besutan muhed army, vto dreva a z WI na to dueva oda al meuld hem Weg II sono se emert motènı tebrio A este må Motren an atta ad not. Fosh van ald dcbear Las qe Lemart & 3 w ble eno erit of adov owt flatw **uroo lens of et etsy enotonnd wokroam ¿ MI bas-ružni, bs won n wal * MB 300xacol bus bref de AWANC Proton fani snodenal erts ar met oa ed esarfe meg for has, I understand, been considered by the Secretary of State, but for some reason unknown to me, the matter has not gone through, and there appears to be no immediate prospect of this reform being carried out. Therefore, we must press for a revision of the Jury Law at the earliest possible moment. (sa.) E. A. Hewett . hedralénuо0 repsy 18 ne anlamat Hongkong, 1st. August, 1909. verket site or part at rotten to end to dialt Ismoarel Me agenet hinov yase fatdy artzinte biur Ivaon S Ilumno Tote ba I suso *tan berting a Stow Me & hort-lemon venta 2 BOYSVAT tomu birov Itaryo vehet op tost to golégut z wo quod revol e to rebut a w hebigeh nd Afrols to o aroitemu RAD 14: #10 5 98owjun or brutale så T efore ni R * Won **9*720 AS cey, has, Filmbi ed age. Is potus ele de gfentime et grossnof at viheunion &antsud ods Q rlee' da id net. de de tremburt auoriw,nam sna to rogesh as onec vllastaseng suive: esitek ted Jasenoqui vise sir to AOTA efton r nav +1 ute dad vei, a torchy sean leaf hrs of pensa Cefotamno0 Cameron yoev a bra heartsle viunobug ensoød ytime woo amenland evis to coleono 9-4f a bre **Redoxer ert anons ecore businh • Za hio añía oc rulatever & 10*,nofeastong Lamel ed to est¿ Lion JY NOBAS* abid not at *1 Unofob ert+ 10 Janneemt erit mi anahianoo estermol to tedraNU beznete naked work s of dibin a rudasmeh al bettidest ons verit to reuna fort s to joano da chết hha di not dan ody Dla of Suon for e bevonad es to motinavr vd boblarton 1 Ľ bres ofbau I venimar aoars" Nica 10% DIE Menthewal of mi og atongga steve han pêwonité dro Febreiro Tabou rendiren a la dA WAT MET adr to godrives 30923/09 At Kong laufr Envy for thegard. Mr. Robines 13/10 Mr. Colenis 15° Mr. Fiddes. Mr. Just. Mr. Cox. Sir C. Lucas. Sir F. Hopwood, Col. Seely. Lord Crewe. 18.10 /€ 18. X ift verbah. 20 Oct. 09. I hark the honour to are the nut by donf derp of the 13th of Angust, with ngand to the alteration of the existing law as to trab by ping 2. I have had y desp much contin and I aper with interested thinking that, until M. Hewitt had taken the action described, it was usclers to report the allegations which have been made with regard to Sur d-Sizzotis conduct. Ahong Non Ende Rogert 20 Octog I have the honour to and JR 13/10 the set of gr_dus Nr. 234 (620876) 1 the 13th of Ang, with regard Melching 100 har. Com 16 Sin H Hopwood Felt 18.10 forwarding a further letter from the Chamber & Commune with end to the law is to tial by ping in cint cases. You will have ham from my derp pr. 188 of the 7th (27756) Wept that I approve I the intre mu hin & a to amend the (int Preime in accordance with the Chambi's denie 30923/09 20 Oct.09. I have the honour to mich vang rong sự n48 that to my attention has Jird. Lugard. Mr. Robinson 13/0 Mr. Cohen 15- Mr. Fiddes. Mr. Just. Mr. Cox. 16 Sir O. Lucas. Sir F. Hopwood Col. Seely. Lord Crewe. Wollen's 10. in conformity with farersim when this has pone I suggent at other depth and see with o shisee a int similar amendments M'k. Joy. In matty in my of whye there are "Skeleton" Area. 11138/10. been drawn to the founon I 21 of the Pensions minute muistet nosed under the provons of the Anson's Orice 1862. The ordinance provides for " the payment of Tto the (mil sexpandi pensions f f the Got f "Hogliong; and I own advised that it may section of be argued that the momto furthout Statutory the Minuts referes fans as therefore, It possides condit in which is, mman "thryncorner but t "Aff. Ale that the Sov. Sov. may refriwe grant ta pension 3. It is obviously that the Gov! thong Office to ratios from the Public Savin at devinalle time after he attain's the aft of 60. Hands to formen O1d, the sas have an thorty Sout might ngmie in the offieis to - tie from the service aiming the age maker rettem and after when required by the bov 60 a condition of sixty; hat in nois q doubt which I have betýlimant. able the fur. yo. legal advisers another That, subject to in the absence I any shing expression o this opinion to the contary, you int introduce legislation In this purpose, but there does as to the legedetin not affear to be powers confenced by the 2!?" section The per exerting thinnte, provision of the law upon which the seque I am inclined to thank that it is desirable to remors all double in the matter the introdue ton snost vore meeting the rimeton as it stand. 4. I have therefre breguest that you will consult ic based. overnor. ast Previous Paper. 4343 20918 · A. & R. W.-90942/27— 23-11-08. t subsequent Paper HONG KONG GOLD COAST PATRONAGE DESPATCH. MAGP 16 SEP 09 Serector of Education G. boast affea of DB. Janner for post- with report by acting serector of Education Mr Mith. zbait till the port has been piked. (It was decided on Mr Jamner) for Ziddian Ex / 26918 at brounder R129 g understand that the proposed appt has fallen through. of the matter is to go to the Pat. Css again, from fur Taumes's mentioned, if it is might b thought worth Mr. Stable & don't ab all thich he will do: but whethe Patrange Deft: the Jefer fur be referred titlen thac is no mi at fecont. 772 14/9 Please see in the course allemmalty refly with usual regrets. Jongkong. closure! Enclosure 2. My Lord, 30876 396 MEG? 16 SEP 09 Government House, Hongkong, 14th. August, 1909. In confirmation of my telegram of the 11th. instant, I have the honour to forward the enclose -ed application in duplicate from Mr. B. Tanner, Senior Assistant Master at Queen's College, for the post of Director of Education for the Gold Coast. I enclose a copy of a report by Mr. T. K. Dealy the Headmaster of Queen's College and at present Acting Director of Education with regard to Mr. Tanner. In Macnaghten The f. Coast offt. has just ban accepted by Mi Tomlinson, an Arst, Resident in M Isulmit draft reply to W. Rong. RIGHT HONOURABLE THE EARL OF CREVE, I have the honour to be, My Lord, Your Lordship's most obedient, humble servant, Governor, &C. • Endlosure 1. Application for Promotion in the Colonial Service 397 pra to be filled up by the Applicant himself, and returned to the Governor for transmission to the ane in full te of Application sent Appointment her's Name Secretary of State for the Colonies, Bertram Janner. August 12th 1.909. COP 16 SEP 09 Acting hormal master, Queen's College, H-Kong. John hankivel Smith Sanner. Profession or Occupation haval Pensioner. Head, his Name and Profession bald nevertheless be given. year of Birth... ace of birth "St Ives", Coronation Drive, October 19th 18yo. Lancashire. Age last birthday P Great Crosby, Lancashire. ether single, married, or a widower mber of children...Sous eived your education, alession as well as emal; and give in Daughters Age respectively St Mary's School, Bootle, Liverpool, until 14 we list the Schoods or years of age. The articled as Pupil Leache at came Colleges at which you rekool - served 4 years apprenticeships (1885-1889). During that time, and later attended South Kensington Pocence and list di enn the date of and other lectures, and obtained certificates for Phpiography, Animal Physiology, Botany, Seology, Shorthand, Drawing & French; later worked with private butors and July 1770. full qualifred try and leaving. ofessional qualifi- 1. Passed Queen's Scholarships Beam? dious (if any), and i2. e date at which 3 ich was obtained ! ployment fromi ompletion of edu- ! tion to date of Front Years Certificate Second to becoming a Dec. 1972 citificated Dec Tog4.) Obtained Teachers & Certificate (about 1995). 5. Archbishop's Divinity Certificate her legs. to Feb. 1898. Assist and tester. It hary's School, Bootle, Lercipool. Kering the public Feb, 1898. – left it thary's, having been selected to fill the past of Second Assistant haster, brocesan Sck, and Biser cach position Orphanage, H-Kong. Afterwards promoted First y you, the dates dreen which you held Assistant, and in and the cause of January 1900 was recommended by the then Governor Hong Kong (Sir Henry Blake) and appointed by Secretary of State for the Colonies to the pot of Assistant marker at Queen's College. [TURN OVER, [This page is to be reserved for any report which the flovernor may make when sending the form to the Colonial Office.] COLONIAL SERVICE* Name of Office. Hong-Kong. Junior Assistant Jany 1900. Och 1901. Queen's College ___ Jany 1900. Master- Oct 1901. March 1904 Senior Assistant hormal master- March 1904. Feb. 1906. (On half-paylene) July 1806 Sept 19:1 Senior Assistant Sept 1904 April 19. Salary of present i $3000 per "exclampe compensation. Werage of low, if any, (abut £480). Whether a house or lodging is provided, e or an allowance in lion thereof. Any other circumstances affecting the value of the appointment PROMOTION DESIRED $ To the post of for the last 2 years Director Pducation for the Gold Coast Colony" (as per ad. appearing in the Athenaeum, July 3.A 1909). *Acting appointments are not to je entered here, but may be mentioned on the wette pages. If the officer Lolds inore than one ullion, full particules of each mist be given. If private practice is allowed, the estimated value should be stared. § The value of a Colonial appointarent depends upon so many ciretonstruces besides the salary that then scendiary of Stat cannot judge what would be acceptable in an officer, Applicants for promotion should therefore in their own interess, s'ints as partek as possible what they desire, either specifying certain appointon sits, or at least ruentioning the Colon to which they would or would ta be willing to go, and the agunt of silary which they think that they may eusonobly exprez. Any further information which may be considered nocorsary should be written on this page, and not in a separate kiter¦ Application for Promotion in the Colonial Services 78 form to be filled up by the Applicant himself, and returned to the Governor for transmission Secretary of Stute for the Colonirs. I have held the pout of fame in full Since April 1908, Acting hormal master and have been entirely respon sible for the training, of not only the Queen's College pupil - Teachers, but those appointed by the Education Department for service in the District Schools. In January 1907. appointed lecturer to a special "teachers"" class, instituted then in connection with the Technical Institute, As will be seen ate of Application resent Appointment ather's Name Bertram Sanner. August 12th ERP 16 SE Acting hormal haster, Queen's College, Hong Kong. John hankivel Smith Janner. Profession or Occupation Laval Pensioner. lead, his Name and Profession, uld nevertheless be given. Jace of birth umber of children...Sons 'St Ives' Coronation Drive, Age respectively Lancashire. ay and your of Birth... October 19th 1840 Great Coraly, Lancashire. from the foregoing particulas, betier single, married, or a widower Pimple I have been engaged in various departments Educational work in Hong Kong for the last 11 result become thoroughly wired in a to life in the Tropies, being at present sound condition. nication Koroughly ention the bebouls or During this time ales, and expecially while Acting normal haster, I have had a large and varied amount of experience in organication, in the selection and arrangement of work with to the special requirements of Chinese masters and pupils; and this experience would naturally be g very great advantage to me y my deal with other native races. in the event my having to rofessional as well as Daughters Age last birthday St Mary's School, Bootle, Liverpool, until 14 years of age. Then articled as "Pupil Teacher at same school- Bleges at which you served 4 years apprenticeships (1885-1889). During that sired your clucation, time, and later attended South Kensington Pecence and Art secul; and give in and other lectures, and obtained certificates for Physiography. Animal Physiology, Botany, Geology, French, Shorthand and Drawing. Later worked under private tutors and July 1890 So becoming. ach case the date of atry and leaving. 1. Passed Queen's Scholarships Beam? ofessional qualifi- 12. tious (if any), and e date at which First Year Certificate Second ch was obtained 4. Dec. 1892 fully qualified Dec. 1894) Obtained Archbishop's Divinity Certificate dor. 18g1. Teachers 'D' Certificate (about 1895). ployment from 1889 to Feb. 1898. - Assistant master, S! Mary's mpletion of elu. † tion to dato of School, Bootle, Levispool. dering the public Fely 1898 - left It Mary's, having been selected to Second Assistant Master, Diocesan fill the post of is nach position School and Orphanage, Soy-Kong. Afterwards pro- eld by you, the dates nova which you held hated First Assistant, and in and the cause of January 1900 recommended by the them Governor Hong Kong (Sir Henry Blake) and appointed by the Secretary the Colonies to the post of Asseital marke State for as Queen's College. [TURN OVER. đông trong COLONIAL SERVICE Name of Office. Junior Assistant Queens College- Jan. 1900. Oct. 1901. Senior Assistant master- Oct. 1907. harch 1904 hormal master March 1904. March 1904. Feb. 1906. (Oh half pay leave) July 1906 Sept. 1904. Sonia Assistant. Office.+ $3000 per. an. with Salary of prosont pechange compensation (abot €480) Whether a house or lodging is provided, or an allowance in beu thereof Any other circumstances affecting! the value of the appointment! master - Sept 1904. April 1908. Average of fees. If any, } for the last 3 years ! PROMOTION DESIRED $ To the port of "Director Pducation 9 Gold Coast Colony (As per. adt appearing in 'The Athenaeum' July 3rd, 904). *Arting appointments are not to be entored here, but may be mentiqued on the next page. +1 the officer bolds more than one office, full particulars of each must be given. If private practice is allowed, the estimated value should be state. The value of a Colonial appointment depends upon so many ciremusouces bosides the amlary that the Secretary of State obch canor judge what would be acceptable to an othcer. Applicants for promotion should therefore, in their one interests, state as pater is as possible what they desite, either speritylag certain appointments, or at bust mentioning the Colonies which they would or would no be willing to ge, and the amount of salary which they think that they may reasonably expent. This page is to be reserved for any report which the Governor may make when sending the form to the Volonial Office.] Any farther information which may be considered necessary should be written on this page, and not in a separate letter." Pince April 1.908 I have held the post of Acting hormal master and have been entirely responsible for the training of not only the Queen's College pupil- teachers, those appointed by the Education Department for service District Schools. In January 1909 I was appointed lecturer to a special special 'teachers" class, instituted then in connection with the Technical Institutem. 3. As will be seen from the foregoing particulars, I have been engaged in varions departments of educational work in Stong-Kong for the last 11 years. I have, as result, become thoroughly incred to life in the Propies, being at present in thoroughly sound condition 4. During this time also, and especially while acting normal master, I have had varied amount of experience in organisation, well as in the selection and arrangemand of work with regard to the special requirements of Chinese masters and purpilo, and this experience would naturally be of very great advantage to deal with me in the event of my having to Enclosure 2. 30878 401 VEGR 16 SEP 09 B. Tanner is a Certificated Teacher; he Joined Queen's College as a Junior Assistant Master in January, 1900, and was promoted to the Senior Grade in October, 1901. He was Normal Master from March 17th., 1904, to February 28th., 1906, and again from April 8th., 1908, until the present He is careful and diligent in the per- -formance of his duties, and has in all ways given the com- -pletest satisfaction. 12th. August, 1909. large and (Sa.) T. K. Dealy, other native race.. sut prained hereabitane) s el temng' Ekspres di teras gustat al notat e as onetto a1namun banjot Ja. 30878 Hang động 311 Inplexed. For Six F. Lugard, Kemy, CB, 850. Downing Street, December or hatoronq asw bra,00er Po tedno Ismo nasy M. Packaghten 15/12. ing wild [than 8000 tire fing mon? nisng hers ' telegram (26-918) I have the honour to acknowledge the receipt of your despatek the 11th of August and of your despatch No. 236% of the 164th of August transmitting **SC 90 mi rusmith bus futeten så of won side to win alar fra at eg bro an application from Mr. Bertram Fanner. for the appointment of Reicuh aht to boneNOŽ» „raj maslaidra varzelm Director Education, Gold Coast. I have to request that you will cause Mr. Zanner. to be informed that his application has been received but that I regret that I have been unable to meet his wishes, other arrangements having been made for filling up the vacancy to which he refers. The Officer Administering the Government of I have the honour to be, Your most obedient, humble Servant, Jovernor. No. MONG KONG Dm G. A. Woodcock DESPATCH. GP 16 SEP 09, Aug Supperts apponitives hime Chief beek at hisisthany ast Previous Paperma helbourne, the present occupant, being sep vice wwwood. Consequent promotions in Dress follice should be Mr. Ralphs tobe Lecond master & WRJ Mibeck bewor anst Master.. An her for teli reply how fioon 72 aund 214. 22 Sept In de Rome withly for 261 2 Nov 15104 On Golf 197-27 be acked In 2- hugard Sa/197627 suggest some alternative to the the proposal to app". M = woodcock to the ancens College. This scheme M. Wordwicke goes to me M7 Meltonine promoted the Mappi hany to 77 Woods sacancy ( ruthy lie 332). 1. "Orme (who is men poned in 14332 koneen) 14 bror") didn't munt the job (27754). berby (Mellons) Some saving mill to effected purther the 25000--11-06. At subsequent Paper Ansen- Cobege martins sa hasatrofial. (on the memonals 19727 & 20234.). M. Bratman is rommended for additional Post. Reft Hent 30880 herewith I think this scheme, which appears the the best solution, with norstel. ? Approk, (& in the rany McRalph +1-Britele affers appli an fare 8th April) mich 17 Bubell in reply to his latter an 30730 I sund on the handle Lintman heceneth her Collis that there will I agrea throughout but I fear with hit Lee-Jones. See minutes Still I think hit Kemp's M 14332. minute must be reended the matter? settling When actin how her taken, papers the suscitated for asst mastor. This is much better BS) 1919 mr Collins how to fill the vacancy. Junior Master Enclosure 2 is curian You will see from 31317/00 persimable for the first" I can't account opp that these posto гусе The W.O. fund unless it persimable thems thank they on't want to make any for the case part of the final intended to introduce principle that given a free passage if his health breaks that such prüm üfle (for wh: there th said) is something sad not 6- introduced by a Question 845 h struck out the wound ? The sentence in "Anly teams! the post offered The 'usual subjects" is rather a vague requirement wat away please & I subpare people understand it. As to falling the post trong trong 30879 05. Lord Grewe. that sti to the Board but I feel strongly inclined to take hur Daly's namics. class of man bitter tha He seems ay me when the Bohane for for to asked gill up & return with tut Par. Sus a candidate See now bf #31613/09 Pathe (1390), W, 20024-26, 6000, 11/08, A, & E, W, (8327). 1081--7. 6000. 4/09, the Junior Assistant at Hong kong M: F.J. dr. to him onials at Hong Kong. appointment. pancasio Director Education I come inds For this the impression replica from the referees Satisfactory ? appoint. Ci.c. 13/10/09 (1390), Wt, 20024-26, 6000, 11/08, A, & E, W. (8327). 1081-7, 6000. 4,00. My Lord, CP 16 SEP 09 Government House, Hongkong, 14th. August, 1909. I have the honour to acknowledge you TQ727 the receipt of Your Lordship's Despatch No. 116 of the 30th. of last June in which you inform me that it may not be possible to accede to Mr. G. A. Woodcock's request to be allowed to retire on pension and that at the same time you doubt whether it would be to the good of Queen's College to transfer him to the post of Second Master, a matter upon which I have myself had much misgiving. Your Lordship requests me to suggest some other arrangement which would be likely to prove more satisfactory in practice, and after careful consideration I have come to the conclusion that the best solution of the difficulty will be to appoint Kr. Woodcock to be Chief Clerk at the Magistracy on his present salary and to promote Mr. C. A. D. Melbourne, the present Chief Clerk, to be Deputy Registrar and Appraiser vice Mr. J. R. RIGHT HONOURABLE. THE MARL OF CREWE Wood, whom Your Lordship has promoted to be Second Police Magistrate. Hr. Woodcock's present salary is $4,200 per annum with Exchange Compensation but without any allowances and is therefore equivalent in sterling to £630. The salary of Chief Clerk at the Magistracy is rising to £420 by £30 triennially and carries with it the privilege of free quarters at the Magistracy, as the Chief Clerk is required to reside there in case he should at any time be required to take dying depositions during the night time. The salary of Deputy Registrar and Appraiser is £420 rising to £540 by 240 triennially, and the salary of Secretary of the Sanitary Board has been reduced to £360 rising to £420 by £30 triennially. My proposal, therefore, will decrease the saving due to the retrenchment in the Sanitary Department but there will remain an immediate gain to Government of £60 per annum, while, upon the retire- -ment of Mr. Woodcock, the next Chief Clerk at the Magistracy will be appointed on the existing salary, and the full saving of between £270 and £210 will take effect. The suggested arrangement is acceptable both to Mr. Woodcock and to Mr. Melbourne, and I enclose a copy of a minute by the Registrar of the Enclosure 1. Supreme Court, dated the 13th. instant on the subject. Mr. Kemp recommends that Mr. Melbourne rather than Mr. Lee-Jones should be appointed Deputy Registrar and Appraiser. The salaries of the posts of Deputy Registrar and Appraiser and of Deputy Registrar and Accountant are identical, but I agree with Mr. Kemp that Mr. Melbourne on account of his seniority at the Bar and in the legal branch of the service would be benter qualified to act for the Head of the Department, when the latter is on leave, and I therefore concur in Mr. Kemp's recommendation. Woodcock will gain slightly as in addition to his present salary he will enjoy the privilege of free quarters at the Magistracy, which, how- -ever, will not count for leave or pension purposes. Should Your Lordship approve these recommendations I propose further that the usual promotions in Queen's College should take effect, namely that Mr. B. Ralphs should be appointed Second Master and that Mr. R. J. Birbeck, the most senior of the Junior Assistant Masters should be appointed to be a Senior Assistant Master. As I consider it to be a matter of the first importance that the Headmaster and Second Master of Queen's College should be able to speak and write Chinese, I propose to make Mr. Ralphs's promotion provisional, and conditional upon his passing in Chinese within a reasonable period. Consequent upon the promotion of Mr. T. K. Dealy to be Headmaster, Mr. Ralphs and Mr. Birbeck have been acting Second Master and as Senior Assistant Master respectively since the 8th. of last April, and I therefore recommend that their appointments should be with effect from that date. The promotion of Mr. Birbeck will leave a vacancy for a Junior Assistant Master at Queen's College and I therefore transmit the enclosed copy of particulars of the vacant office together with a copy of letter from Mr. Dealy suggesting that, if Mr. de Rome is an applicant, he should be given the appointment. I shall be glad if the officer selected for this post can arrive in the Colony not later than next January, In view of the recommendations which I have now made I telegraphed to Your Lordship on the nclosure onclosure 3. Gov 27069 12th. instant cancelling my Despatch No. 202 of the 15th. ultimo, end with regard to the future employment of Mr. D. . Tratman I am addressing Your Lordship in a separate Despatch. Finally should the above recommendations recommendations meet with your concurrence, I shall be obliged if Your Lordship will signify your approval by telegraph to enable the preparation of the Estimates for the coming year being completed. I have the honour to be, My Lord, Your Lordship's most obedient, humble servant, Governor,& Enclosure! Hon. Colonial Secretary, EG 16 SEP 09 Woodcock is prepared to accept the post of First Clerk to the Magistrates at $4,200 with Compensation plus quarters. 2. That being so, I recormand that Mr. Melbourne be appointed Deputy Registrar and Appraiser. 3. I recommend Mr. Melbourne rather than Mr. Lee-Jones because (1) he has 12 years seniority at the Bar; (2) he has been engaged in legal work since 1891, part of the time in a Solicitor's Office, part of the time in practice at the Bar, and part of the time in the Government Service; (3) he is senior to Mr. Lee-Jones in the legal branch of the service; and (4) I think that he would be the more fitted to act as Registrar. The pay of the two Deputy Registrars is the 13th. August, 1909. (sd.) J. H. Kemp, Registrar. WERENSOBE Istrofol .now Jao . dgsons or boʻtart aƒ InoobooTM naže na grob f/w 608, na astenfalne": os e dei to A has rentalsal qoyqut hecatonys su smurod Last de un „Thokana misky JC Ami 24 (1) sareand aenoten.t awg, IBNI conta dran Imal at be sure need not off (8) To dredha?? 0 a'zovkolloh s ni onis *s antcasm må orde nu () ¡entynki que cum viroh pule d entre mud to drag her and to find teaf oft mi ERROR-DAJ .- ut dwie stairs I (4) See (Batwing or horri for de af abro.. on to NAL q* noinsa at od tezige 88 Jos Enclosure 2. Particulars re Junior Assistant Masters Queen's College. MECR 16 SEP 09 To teach Chinese boys, or boys of other nationalities British, Portuguese, Indians, Japanese, &c., the usual subjects required in ordinary elementary and secondary work, say up to the Standard of London Matriculation. The applicant should be a trained teacher, with preference given to one who has some qualification in Phonetics. Salary, £300 to £360 per annum, by £20 triennially, pay- -able monthly, in silver currency. There is a compulsory contribution of 4% of salary to a Widows' and Orphans' Pension Pund. Private pupils may be taken with the consent of the Head of the Department. Promotion as vacancies occur to the Senior Grade, £360 to £480 per annum by £30 triennially. Fromotion beyond the Senior Grade depends on the acquisition of a satisfactory knowledge of Colloquial and written Chinese as tested by the local Board of Examiners. Applicant should not be over 30 years of age: and will have to submit to Medical Examination as to fitness for work in a Tropical Climate, before being finally selected. The successful applicant will be allowed a Second Class Passage in a Mail Steamer, or a First Class passage in another boat. A similar return passage will be provided also, if, within three years, the Officer appointed is incapacitated for further service by metal or physical ešni að Mottur er ersluniŠAT .939/C60 'neerd Enclosure 3 Education Departmen€, SEP 09, Hongkong, 16th. August, 1909. nel fotten radio to agori "o,ayod sentido daset of Lesetest wil (resnaget,znetbr),asimuda I (la) kat chronse fra vietnamete vieniono ai borlupat adoeldue .noiceboladsli monrod to brahmen wit of qu verow somete tong sabe maloe-á beniste a od bluoda Janoifas eith .goldened? ni molasoi'?i (suj emon aart ocw ecco oz be cffairsebut 028 vď Furns 19€ On 23 or 0063. Vous 200 “evila mt { NDI to to notiebedroo xoningroo s at eme od sem aliqng edevint .how nolane¶ 'analovó brg 'awoột smarec (7 eult to hasli vet to conoo n de tw redes or Ouen,sher) ~ lief nuid of 1000 unto isoer za moléomoTI sif brored mobvorton' VII»ter:** 08% vd runs tag 0GAD victorienn s to nol 'eluene sula no shmaqab ebat" "oius" y brband na ewonko nerdim ben "Ielupoffob to anbefvom ·atanists to buson Isoof nea CIL. hus 150g to ateex 06 tavo 42 zen blvora traɔİlqQA as dit of a nottenburger Isothe of air in od svart .hetoeIsa 400watt "nis ptoted,etail) Dotqon a ni noW neaf broo 2 a bewofin ad I£% insofbes Istaqsoove DT nema3sq ɛnsID Jarit a To 10: nee II* a ni egsnus" bobitong ad fly onenged ruuter sfinka A „troð reddoss at benkoces i ot?20 wte C fcstarfa 10 Seaman yd solves talent to% bezs/loɛqsoXİ grilldanib In connection with the appointment of a Junior Assistant Master at Queen's College, to fill the vacancy caused by the transfer of Hr. G. A. Woodcock to the Magistracy, I have the honour to strongly recommend that the Secretary of State for the Colonies be asked to appoint Mr. de Rome to the vacancy if he should apply. Mr. de Rome is a fully trained teacher, a graduate in Science (B.Sc.) of London, and has just completed, at the University of Jena (Germany), A year's post-graduate Scholarship. He is young 23 or 24 at the most - and would, in every way, be a most desirable acquisition to our staff. Mr. de Rome's home is in Bradford, Yorkshire and I am writing to tell him of the vacancy. I have etc., (sd.) T. K. Dealy, Director of Education. Honourable The Colonial Secretary. Maqat nolteonh" suaofondi douga pele driv nolabanzoo of i' as Teraz starafea hokm T. nr 3 daoobus" .* to raktuvent era w beanse Youseer * 24 25 05: gf monca of tone with avail I • Vorta ahnen 30879/09 Telegram Hongkong. Robinson 2019 Mr. Stifts. Ev ytong 21:2 S 12:25 / 184 Unceriners 21 Sept. Je deep Not the 237, line thing. "4" deep 16th Any 238 procreated proposals approved. człows or baten so MOM * at smof sh. .ytda hioia of ti YONSOBY «t of moi bis, men vot no (.a. sonyi o2 at everhet a Mazingas bechend a (manen) arsh to vieneriul sela se DHE TA PR 40 NG - mio al ,bac-fqnoo Tact as' qitare fola" sumubaru.tɛoq e'kses Mr. Fiddes. goležalojna eldvolank dæort a ed 55wow bae - KAW NA DJ Mr. Just. Mr. Cox. Sir C. Lucas. brother mt at ever a'scroll wh • „Didda. Y er to mlit fist of ritiny me I han +-07 A I Viral 39 (.ba) • na kuwauth, to tutor 100 Sir F. Hopwood. Col. Seely. Lord Crewe. It kings 214 die Enfer J. Lugard affa 30730 77 Shitte. 22 Sept. 09. In conprimatus of my the 21 Seft I have the honons to inf go that I ich appiors fo the app q Mr. 1 d. p. Tom an Registas Sent with affect from the If January ut appear the appt promotion 9 MCAD. rettomane the Deputy Registras Appraiser, MEA. wordarek the Chrif clute at the Angishncy, Mark E. Ralphs & R. J. respectively Ankek the 2nd Martis Senior Ass' Most im to Queen's College. that the prom tion othe the last mento) offrais may from the 8th this last. not sure that he mean I have caused y Dubeck to be so imp. Communications on this subject should be addressed to-n The Under Secretary of State, Colonial Office, London, S.W., and the following number quoted. 30879/09 Downing Street, J. & Rome by JR 15/10 pptokinal Aned - 3k882. Salary in the paid. When the arcage exchange onto for any mouth exceeds to shitting two shilling valanisarey converted at 2%. A tho dobar, you with bo uguired to ontistut 4%% 17 salary Forend & Haykay Inoons, Ofhaus Pensions Cops for I am directed by the Earl. Llume to inform you that, subject to your being passed by the medical adviser of this Department as physically fit for service, he proposes to select you for appointment as Assistant Master in Queen's Colage Hong Kong with salary at the rate of ₤300 poing by triennial increments of a year, for prepons £20 to /360 I local payment your salary will he converted in de har et conti to he fixed by the Sotto and based upon the ascrage exchange value of the dollar during the mouth ending on the 15th of the month per which You will be required, if appointed, to give You will be reqnight. security to the in despect of the becundary responsibility attaching to your affice 2. You are to understand that your employment will be under the Colonial Government; that your emoluments will be paid solely from the funds of the Colony; and that the appointment will be subject to the Colonial Regulations in force for Colonial Regulations. Easter No 73 March 198 be your dubes will be to hack Moys & Cherise nother. nationality the anal the time being. A copy of the latest edition of the Regulations is enclosed. 3. Regulations Nos. 49 to 73 specify the proceedings which are taken in a Colony when it is deemed necessary to suspend an officer with a view to his removal from the service; but you must also understand that you will hold the appointment subject to the pleasure of the Crown, and that the pleasure of the Crown that you should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required. Inlicetos, in nonary dementary 5% If you are prepared to accept the and secondary worll to the standard of the Lander Maturentatoni Invat prupils may taken with the consent the Head & go Dept. (2. class 4 mint shammer or other root) piclass hang appointment, you should present yourself to one of the medical advisers of this Department, whose names are given on the nclosed letter, for the purpose of being medically examined. The letter is to be left with him; and you will be required to pay him a fee of one guinea. He will send his report direct to this Department. 5. If finally selected for appointment you will be provided with a free passage to the Colony, on your signing the usual agreement with the Crown Agents for the Colonies, Whitehall Gardens, S.W., by which you will be bound to repay to the Colonial Government the cost of your passage in the event of your leaving the service within three years of the date of other your arrival in the Colony for any reason than mental or physical infirmity. 6. You will be entitled to half salary from the date of your embarkation from this country, and to full salary from the date of your arrival in the Colony, if such half salary and full salary respectively will be then available, as to which you may obtain information in this Department. S. I am to request that you will in- form me of the earliest date at which you will be prepared to leave for the Colony, in order that the necessary communications may be made to the Governor and to the Agents. It is desired that you L'amist in the Colony not lates Than. Janway sir, next. Your obedient Servant, DESPATCH. Governor. No. Last Previous Paper. orig) 70. 21 Lepps Cope, (ends. 1784-4.&B. W. —20062/27— 2000-11-08. Next subsequent Paper J.G. HONG KONG Fatshen" dessent 0.0 30925 0° 16 SEP 09 Poycott of Mitterfield terre extracts from local Press describing firal arrangement between the & the saf fore faciety M. Stithes The houble w. appear like over, thanks to the abject surrender of the firm. ? But by JR 7/9 fur Collins I attack a copy of a to. day's Fimos' which the action of this adfingerposed usin Sams to glaws that the same encouraging Chimore in the Yang-tsze valley to im ?com of this desp. witte aul's in original for retum, 17.9.1909. AN ANTI-BRITISH BOYCOTT ON THE YANG-TSZE. (FROM OUR CORRESPONDENT.) SHANGHAI, ŠEPT, 18, The boycott of the British shipping com- panies trading on the Yang-tsze River, which was initiated by the Kiukiang Native Chamber of Commerce in the middle of August as re- prisals for the alleged assault by Police Inspector Mears on a Chinese coolio resulting in the | latter's death, continues unchecked. Shippers are warned by the Chambers against the uso of British steamers. Evidence of the absence of any genuine resentment on the part of the merchants is afforded by surreptitious con- signments of cargo in assumed nåmes, as also by the fact that Messrs. Butterfield's steamers plying on the Poyang Lake are not included in the boycott as there are no other available means of transport there. Moars has already been discharged after a preliminary examination before the Kiukiang Consular Court, and the suggestion that he should be retried by the Shanghai Supreme Court is deprecated hero on the grounds that such a course would appear to be a concession to unjustifiable clamour as in the Fatshan incident. It is instructive to compare the attitude of the Japanese towards a similar movement directed by the student classes as a protest against the action of the Japanese Govern- ment in regard to the Antung-Mukden Railway. The Shanghai Taotai under Japanese pressure fasues to-day a proclamation threatening punish- ment of the ringleaders and participants in the anti-Japanese boycott. (1380), Wt, 20024–28, 6000, 11/08, A, & E, W, (8327). 1081-7. 6000, 4/09. ONFIDENTIAL. Hongkong. My Lord, REG? 16 SEP 09, Government House, Hongkong, 16th. August, 1909. In continuation of my Confidential Despatch of the 4th. instant, I have the honour to enclose extracts from the Local Press describing the final arrangement arrived at between the Self-Government Society of Canton and the Manager of Mesars. Butterfield and Swire in the matter of the "Fatshan" incident. It would appear that the Firm have consented to pay an additional $2,000, and both the Chinese and the English papers state that they have promised not to employ Portuguese, but it is probable that this may refer only to the individual Noronha. I have the honour to hẽ, My Lord, Your Lordship's most obedient, humble servant, Manganes Governor,&c.. RIGHT HONOURABLE THE EARL OF CREWE, Daily Pres. 7.8.09. (FROM OUR OWN CORRESPONDENT). August 5th. FARSHAN" AFFAIR ONCE MORE. The Self-Government Society has issued a cir- lar convening a public meeting for this even- ng, for the purpose of discussing the Fatshan fair. The following is a translation of the ircular: Messrs. Butterfield and Swire, the owners of the s.. Fatehan, have promised to trans- fer the Captain of the Futshan to another Fessel pot on the Hongkong-Canton run, and they have also consented to pay $3,200 to the mily of the deceased man, Ho U Ting. The smpradore department of that firm has Iso added $2,000 1:0 the sam. The Portuguese ticket-collector, Noronha, will be handled over to the Portuguese Authori ties to be tried, and Mossrs. Butterfield and Swire have given their promise that they will not employ any more Portuguese in future. They have also issued instructions to all their freesals that Chinese passengers are to be well treated, and no violence is on any secount to be Jasel to them. We thus see that Messrs. Butter- field and Swire have done all they can to make reparation for this unfortunate occurrence. The Portuguese Consul, however, has not acted fairly, and we must meet to discuss some way of showing him that we are not to be trifled with. The Portuguese Consul has accused our Society of having been bribad to take up the case, but our only wish is to see the doceased's family gets fairplay. British nation has always been friendly to the Chinese, and on this occason the British have done nothing that can be considered unfair, Ho U Ting was killed by a l'ortuguese, and hough he was employed on a British vessol the British are not to blame. We should not, there- fore, art against the interests of the British but we invite all our countrymen to meet to- gether and discuss what steps are necessary to punish the offenders." SEP 22 1909, Rege 16 SEP 09 Daily Press. 7.8.09. BOYCOTTING THE PORTUGUESE, OUTCOME OF THE "FATSHAN” Our Canton correspondent writes on the 16th inst.:-Aa important meeting of the Self- Government Society was held yesterday evening, and thousands of persons, representing every section of the people, attended the meeting. Chan Wai Po was unanimously elected Chair- man, and he opened the proceedings by reading the circular convening the meeting, a trans- lation of which I sent you yesterday. The Chairman then informed the meeting that he had been handed a copy of a letter which had been written by Messrs. Butterfield and Swire te the British Consul to come to some settle- He said that the ment of Noronha's case. audience could see from this that Massrs. Butter- field and Swire had done all in their power to bring the Fatshan incident to a satisfactory conclusion, and had made ample compensation to the deceased's family. The Chairman then called upon Mok Wing Yu, who had full power to represent and act for Messrs, Butterfield and Swire, and Bo Ya Tui, acting on behalf of the family of the deceased Ho Yu Ting, to come to a final settlement. They informed the audience that they had arrived at a satisfactory settlo- ment, and thanked the Society for the interest and help they had given to the case. The Chairman then said that the Fatshan affair as regards Messrs. Butterfield und Swire was concluded, and he proposed that they should sond telegrams to their countrymen informing them of this fact. The audience approving, & I telegram was thereupon drafted. The Chairman then resumed. The Con- sul for Portugal had not done his share of the business. He had refused to re-try Noronha or to offer an apology. He had falsely accused the Society of bribery, and had refused Viceroy Chang's proposal to hold a joint trial. The Chairman asked the assembly to decide on some form of retaliation for this insult to the Society, and to the Chinese nation in general. As far as he could see, all they were able to do was to reqaeet the Portuguese Cousul to hold another trial, and to be careful in their future con- nections with the Portuguese. There wore very few Portuguese firms, and not much business was carried on with the Chinese. The Portuguese were mostly employed by other foreign firms, as clerks, etc., and some were employed in Chinese firms. The Portuguese were a violent people, as they could see from the murder of Ho Yu Ting. It hebove them, there- fore, to have no more business transactions with them, lest they be treated as their poor country- maa Ho Ya Ting had been. They should have no further dealings with any firm, Chinese foreign, who employed Portuguese clerka or assistants; and he asked the audience whether they approved of this course. Kong Shui Chenn, au influential member of the gentry, then stood up and proposed that the Chairman's suggestion be adopted; and he further moved that telegrams be sent to their compatriots in every country to refrain from having any business transactions in future with firms employing Portuguese. Ho Wai Nung seconded the proposal, and the audience unanimously concurred, signifying their approval by shouting and clapping most uproariously. After partaking of refreshments, the audience dispersed, and the meeting was postponed till this evening. THE DRAFT TELEGRAM. C.O 30925 1GB 16 SEP 09 1 SEP 22 (309) The teleg am drafted at the meeting and to be forwarded to the various places read as follows:- "With reference to the Fatshan incident the Potognese Consul has, up to the present, not yet settled the matter, but has brought forward false allegations against the members of our . Society, whereat we have beeo much provoked. Messrs. Butterfield and Swire have maintained in a proper maaner the friendly relations with the Chinese, offering a sum of $5,200 as compensation to the deceased's family and promising to urge the ortuguese Consul to take up the case with a view to arriving at a settlement and to ac- cord better treatment to Chinese passengers in the future. The family of the deceased bas "reed to accept the money. The ill-feeling inst the British firm aforesaid is now pla cated, and we should resume dealing with the firm in the ordinary course of business as be- fore. However, steps must be taken against the Portuguese. "(Sgd.) THE CANTON SELF-GOV. SOCIETY." Govemor. No. Last Previous Paper. HONG KONG Ordinance No. 22 of 1909. Patente Amendment DESPATCH. 0.0 1139 te 20 TP 09 Spare copigs to un₤16/9/11. To be kalt with in Saul Daft Ti avait the Boult of the spectante al colleague arrouped in 24441/09 r porr. Belet. alma w_ Anad. 223. 26 July 11. Jos. 276667/10 *defendkalend Maft there was nef meeting £. & E. W.- 20062/2ī —-- 300-1108. tsabsequent Paper Mr Harris ference that generally good at the patents in Crow Colonies result of aught not to be revocable revocation in the United in the United Kingdan, might lead to different treatment Grom Colonies of the thinted Kingdan hand and Colines - particularly self-governing Dominions امور مشترکی the other. That this is real langer is shamn by the fact that Canadian patente the ammal mumber of Canadian patente about me half, and of Ambrahim patents about one-fourth, the number taken int in the United Kingd It would seem demible to explains that the matter has lean recoindered in consultation with the Bif I and that in view of the abor ponibility, which overlooked at the previous despatch, but not to prindle for revocabin in the ground of in the UK or aloushere " and that therefore section: 5 (2) + (1) shanto be repealed ] acy generally with her Greens. Except that I to not think the Simple repeal of sections 5 (2)=(3) will do. It honey occasions - pecution position (Shand only s Falklands St Helena-se my ex cond minuti on 26436/69) in that the only way to take out L.P. for there is to patent it first in the U.K. granted under the Ith orgy are subjected to the English sursation and L. P. law of probents, both under the 1892 order (5565) and under the new order (35). This bring so, it is peculiant, desirable that the new orde show subtle the question I which the Goose. If At Honey. racond with regard to six 5 of the 1892 ada ) - Doco SSC 27 of the Carperial Act of 1907 (revocation for non-working) apply to C.P. Granted under the Itik orde. ? or, in other words, if a particular polint is worked in this U. K Non-working; in the U.K, is that to operate her factor revocation. or to constituti a aground of revocation of the same patent in #hong If you repeat the war sic 5(2)(8), you will have this question open -In fact the position with or worse than Under that section, Mich applied the under the old Jac 5 Enebesh statutes them in force, the whohe Act of 1907 was inhi ratio ok. left open Act applied