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Colonial Cases

R. v. How, 1886

[registration of residence]

R. v. How

Police Court, Shanghai
Jamieson AAJ, 6 September 1886
Source: North China Herald, 10 September 1886

H.B.M.'s POLICE COURT.
Shanghai, 6th September 1886
Before George Jamieson, Esq., Acting Assistant Judge.
CONSULAR REGISTRATION OF BRITISH SUBJECTS.
Mr. A. J. HOW appeared in answer to a summons charging him for that he, being a resident of Shanghai, did not in the month of January in the present year register himself in H. B. M.'s Consulate-General in conformity with Section 114 of the China and Japan Order in Council of 1865.
The defendant admitted receipt of the summons.
  His Worship - What do you say to it?
  Defendant - I want to know who the prosecutor is. There is no charge against me.,  What have I done?
  His Worship - The prosecutor is the officer charged with seeing this duty is fulfilled - Mr. Mortimore, who appears for the Consul-General.
  Defendant - Need not the consul-General appear?
  His Worship - No. He can appear by his deputy.
  Defendant - Then I can send my servant to appear for me?
  Hos Worship - Oh, no.  You are the accused.  We can send for the Consul-General if necessary; but I do not see the necessity.
  Defendant - I shall certainly require his attendance, to answer question.
  His Worship - Questions Mr. Mortimore cannot answer?
  Defendant - yes.
  The Consul-General was accordingly sent for.
  His Worship - In the meantime you plead guilty?
  Defendant - No, I don't plead anything.
  His Worship - You must say yes or no.
  Defendant - There is no charge against me.
  His Worship - Oh yes there is - His Worship read over the charge, as above.
  Defendant - Well, I will reply to that that I have not complied with the Order in Council; but there are extenuating circumstances, which I will explain.
  His Worship - That dispenses with proving non-registration.  You admit that you are not registered?
  Defendant - Yes.
  Mr. Alabaster, Consul-General, here entered the Court.
  His Worship (to Mr. Alabaster) - The defendant wishes to put some questions to you; from what he has said, so far as it has gone, I do not see that it can be necessary.
  Defendant -I should like to put the Consul-General in the witness box please.
  His Worship - Wait a minute.  You admit that you are not registered, and the onus lies upon you to show why.
  Defendant - I cannot, without calling the Consul-General.
  Mr. Alabaster - I have no objection.
  [Not transcribed.]

Published by Centre for Comparative Law, History and Governance at Macquarie Law School