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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

Shanghai, 6th September 1886
Before George Jamieson, Esq., Acting Assistant Judge.
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