346
THE HONGKONG WEEKLY PRESS AND all which might, we believe, have been avoided if proper notice had been given to the people of the change which was to be made and of the date fixed for making it.-N. C. Daily News,
THE KOWLOON DISTURBANCE,
AN EXPLANATION.
SUPREME COURT.
it through the Consul at Canton; it is en- tirely infra dig., as well as being con- trary to well-founded practice; for the Governor, who is the Queen's Viceroy, to go up in a torpedo-boat to interview the Chinese Viceroy, and it must lead to complications when the matter comes to the notice of the British Minister. Then, considering the ample force of which the Governor has the disposal at Hong- kong, it was an unpardonable display of weak-
We learn that the explanation of the re- ness for him to ask for Chinese military pro-
cent serious attacks by Chinese troops on tection. We can quite understand that Sir the British officials and forces at Kowloon is Henry Blake has as yet no knowledge of Chin- contained in the fact that Peking gave the ese character and believed every promise that Viceroy of the Kwang provinces no orders the Viceroy made, but he should have been bet- regarding the leasing of the Kowloon territory ter advised by Mr. Stewart Lockhart, to whom or its handing over to the British_authorí- | our Hongkong friends seem to think that the ties. When the Governor of Hongkong re- fiasco they are lamenting is really due. The cently paid his most unfortunate visit to value of the Viceroy's promises was seen in the Viceroy and told him he was going to the fact that three days after the Governor's take possession of the territory, the Viceroy visit to him, the small body of Sikhs that had been replied that he had no orders to allow such a sent to Mirs Bay was stoned, and the matshed proceeding and begged the Governor to procure that had been erected for their accommodation him explicit orders from Peking on the subject, was burned down, on which some troops were
otherwise he would be bound to resist the taking sent in the torpedo-boat Whiling. Of course
over of any part of Kowloon by the British. a strong force ought to have been sent in the We believe Sir Henry Blake promised he would first instance; it was provoking opposition to
attend to the Viceroy's request, but he does not only a few Sikh policemen, and this Mr. Lock-appear to have taken sny further trouble in the hart ought to have known; besides which, every
matter and no application was made by the little success on the part of the opponents of the
British Legation in Peking to the Chinese Go- new regime was certain to encourage their op.
vernment that such orders should be sent to the position. On the 9th of April we learnt that Canton Viceroy, who appears to have according the British flag was to be hoisted at Taipoha ly kept his vow to resist the coming of the last Monday-which was to be a general holi British by such force as he could muster. day-with a grand ceremonial, all arras of the China Gazette. service at Hongkong as well as the Volunteers being represented. The big river steamer Jan- kow was to take the Governor and some two hundred invited guests, another steamer was to take a large party of spectators, and others in- tented going overland. This programme, har- ing been prepared, should have been strictly adhered to; it was most important that the new subjects of the Queen, as well as the old ones, should have been shown that when the British authorities came to a decision, they meant to stick to it. But a little Chinese opposition was evidently 100 much for Sir Henry Blake and his advisers. Од the 15th our correspondent telegraphed us that the mat-sheds at Taipohu had been burned down again-we should have thought that after this had occurred once, a sufficient force would have been sent to prevent a repetition of the outrage, the police who arrived at Taipohu on Saturday to prepare for the cere- mony on Monday were fired on and returned the fire, and the Hongkong Regiment, coming overland took part in the engagement, and the Chinese, of course, retreated, without any loss of life. The Chinese position found to be entrenched, aud they had erected a battery commanding the proposed site of today's ceremony, which is really an amusing comment on Sir Henry Blake's and General Gascoigne's preparations. Instead of, as they should have done, clearing the Chinese away and holding the ceremony as originally intended, Sir Henry Blake decided to hoist the British flag, without any ceremony, outside Kowloon city on Sunday last, giving the Chinese the satisfaction of knowing that they had at any rate succeeded in upsetting the British programme. The opponents to our taking over the Extension are, our correspon. dent tells us, Tungkan men, the villagers being friendly, and on Tuesday he telegraphed that the Chinese trenches had been shelled, a number of our opponents killed, and five guns captured.
:
was
The more detailed news which we may ex- pect to receive in a day or two may possibly modify our opinion of the ineptitude of the management of the whole affair, but at present it seems to have been weak in the extreme. Mr. Stewart Lockhart has surely been long enough in Hongkong to know how far a Chinese mandarin's promises are to be trusted, and how foolish it is to begin an
operation of this kind without a sufficient force. Sir Henry Blake and General Gascoigne are such newcomers that we must not blame them too much, unless it should turn out that they were warned by Mr. Lockhart and neglected his warnings. Now that there have been a number of Chinese killed, there will constantly be a bad feeling between the native inhabitants of the Extension and the British authorities,'
26th April.
IN ORIGINAL JURISDICTION.
BEFORE THE HON, W. M. GOODMAN (Acting Chief Justice).
April 27th.
April 29, 1899.
IN SUMMARY JURISDICTION.
BEFORE MR. JUSTICE WISE (Puisne Judge).
19
V. WATKINS &.CO.
"DAILY PRESS Daniel Warres Smith and George Curling Cox, lessees of the Hongkong Daily Press, sought to recover from Watkins & Co., chemists, Queen's Road Central, the sum of $300, the amount due for an advertisement as to defendants' busi- ness inserted in an Art Supplement issned, from the Daily Press Office.
1
The Hon. H. E. Pollock (Acting Attorney General), instructed by Mr. H. L. Dennys, appeared for plaintiffs, and Mr. J. J. Francis, instructed by Messrs. Wilkinson and Grist, appeared for defendants.
The Hon. H. E. Pollock said his lordship ordered pleadings to be filed in this matter, and there had been a petition and answer put in by the parties. He thought his lordship would have gathered from the pleadings which had been filed in the case the exact nature of the issue which his lordship had to try. He thought it might shortly be put in this way- the question was whether or not the document signed by defendants on the 17th June, 1897, and that document alone, was to be regarded by his lordship in the present case. As his lordship would see from the petition, plaintiffs contended that that document standing by it self and standing alone formed the only con- tract between the parties, and he would draw his lordship's special attention to the wording of that contract, because they said that that wording most distinctly showed that no other conditions were to be binding upon plaintiffs except the conditions which were mentioned in the contract itself. The nature of the contract was set out in paragraph two of the petition, in which it was stated that the written order by defendants was as follows:-"The Daily Press Art Supplement. Picturesque Hong- kong, space No. 13; series A; size seven by six. To the manager, Hongkong Daily Press, Hongkong. Please insert our advertisement in your Art Supplement (as above) for the sum of dollars 300, fifty copies to be supplied gratis, and-copies at 25 cents each per copy extra. Apothecaries' Hall.'
With the compliments of Watkins & Co., (Signed) Watkins. & Co., Hongkong, 17-6-1897. $300. N.B.-This order cannot be cancelled, and is subject only to the conditions stated hereon." In the first Mr. Robinson, in opening the case for plain place he would ask his lordship's special atten- tiff, said that on or about Jauuary 5th, 1895. tion to the fact that nothing was said in the plaintiff leat to Cheung Shui Shi, wife of de-order about the Diamond year or auy year. fendant, who was separated from her husband, the sum of $80, for the purpose of the said sum being applied by the said Cheung Shui Shi-as in fact it was applied by her-in payment for necessaries which were suitable to her position as defendant's wife. It was repayable on demand, together with interest at the rate of $8 per cent. per Chinese month. Interest to the amount of $160 had been paid, and there was $160 still due, Mr. Robinson was about to speak as to the points of law when
TSUI CHAN SHI v. CHEUNG KAM TIN.
In this case a single woman named Tsui Chan Shi, of 41, Wellington street, sought to recover from Cheung Kam Tin, of la, Gage street, Compradore to Messrs. Meyer and Co., the sum of $810, money lent.
Mr. E. Robinsou (instructed by Messrs. Moun sey and Brutton) appeared for plaintiff, and Mr. M. W. Slade (instructed by Messrs. Deacon and Hastings) for defendant.
the case.
His Lordship remarked that be thought he was at one with him in respect to the law of He added that it was a thousand pities that these people should persist in coming before the public time after time with their domestic disputes, when the whole thing might be settled by a little increased allowance to the wife by the husband. He boped counsel would consult their clients and endeavour to effect an arrangement with a view to avoiding future actions. It could not redound to the credit of either husband or wife for their private quarrels the time of the court should be taken up with to be brought into court, and it was a pity that
them.
Mr. Robinson said he was now representing the other side from what he formerly repre- sented. He was afraid there was much obstinacy
on both sides.
Mr. Slade remarked that the court would be able to see whether any more satisfactory arrangement could be made after some evidence had been taken.
Evidence was then proceeded with and the hearing was then adjourned.
•
He submitted that defendants had distinctly entered into this contract, which contained certain conditions as to the space which this particular advertisement was to oconpy in the Art Supplement, but did not contain a single word about the Diamond year, and stated expressly that the only thing which plaintiffs were bound to do in the future under this contract was to supply 50 copies gratis, and additional copies at 25 cents each, and it was expressly stated and agreed to between the parties-expressly agreed to by defendants- that the "order cannot be cancelled," and that it "is subject only to the conditions stated hereon." His lordship would see from the answer to the petition that defendants endea- voured to bring a number of promises into this contract, notwithstanding the express provi- sions which he had referred to. For instance, his lordship would see that in paragraph two of the answer defendants said, Plaintiffs by advertisements and articles published by them in their said newspaper, the Hong. kong Daily Press, between the 11th and the 17th June, 1897, both days inclusive, and by a circular or prospectus sent by the.. the defendants and all other persons and firms plaintiffs to the defendants and others, invited ·· doing business in Hongkong to advertise in the plaintiffs' Diamond Year Art Supplement of Picturesque Hongkong, and they promised amongst other things that such Art Supple ment should comprise many views of Hong. kong, of the chief buildings of the town, includ- ing grand panoramas and magnificent bird's- eye views of the city of Victoris,- bountifully printed in colours and upon good paper, the