324
that the junk owner should furnish security for the defendant steimskip owner's costa unless able to pora that he was a resident in the Colony ani po131581l of properly within the jurisdiction of t'ie Court||
The Committee decid 1 to record its dissatis - Laction with the decision of the Government, and it w
was agreed to ask the Government to reconsider the matter with a view to patting a stop to the numerous speculative notions for excessive collision dam ges against steamers brought by owners of old or worn-out junks in the hope that the steamship owner might ba induced to make sɔme offer to settle the case before going to trial.
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QUARANTINE DECLARED AGAINST HONGKONG BY BURMA.
A letter was read dated 26th March from the Colonial Secretary informing the Chamber that a telegram had been received from the Govern. ment of Burm stating that Hongkong had been declared to be infected.
HAE: NEW KULES AND REGULATIONS.
The VICE-CHAIRMAN Baid that the question of revising the present rules and bye-laws had been before the Committee for some time and the late Chairman, Mr. C. S. Sharp, had given much time to the matter. The present rules, some of which are out of date, had been in force since 1874, and the new regulations now laid ou the table were the result of the work of the Bab-Committee formed at the last mouthly meeting. Rules hat also been drawn up for regulating the procedure at General Meetings called for the purpose of electing a representa tive of the Chamber in the Legislative Council. After some discussion th new Rules and Regulations, subject to a few minor alterations, which were agreed to, were ordered to be printed and circulated to all the Members at least 10 days prior to the annual meeting to allow the Members at that meeting the opportunity of adopting them as provided by Rule 18.
fil
SCALE OF COMMISSION AND BROKERAGE. The VICE CHAIR AN said the revision of the scale which had been in force since 1872 had been engag ing the attention of th Committee during the past month.
THE HÔNGKỎNG WEEKLY PRESS AND
SUPREME COURT.
Certain alterations were made and the revised scale ordered to be printed and circulated for the information of the Members in order that it may be confirmed at the forthcoming general meeting.
BROKERAGE ON STOCKS AND SHARE'. A letter was read from a member of the Chamber requesting the Committee to agilate against the manner in which the sharebrokers of the Colony charge both the buyer and the seller of shares with brokerage. In the dis- cussion following, the legality of the double charge was questioned and it was pointed out that a broker cannot act for both parth parties impartially,
The following resolution was unanimonsly passed:--
"That the Committee of this Chamber depre. cates the custom of stock and share brokers taking commission from both the buyer and seller of shares and that the Stockbrokers' Aas ciation of Hongkong be asked to arrange for brokerage to be charged to the seller only." It was further agree that letter to the above effect be sent to the Secretary of the Stookbrokers' Association.
DATE OF ANNUAL MEETING.
The VICE- HAIRMAN stated that through the delay in printing the great mass of matter required for the annual report and the recent holidays it would not be possible to hold the annual meeting until next month and that another Committee Meeting would be called shortly to consider the report and the Chair- man's speech, which he would draw up for approval if so desired.
This was agreed to nem, con. The meeting then terminated
Mr. William Stanton, formerly chief inspec- tor of the Hongkong Detective force, read an interesting paper at the Liskeard (Cornwall) Literary Institution last month on the Taiping rebellion. he lecture, which was illustrated by means of forty lantern view gave a very vivid and complete account of the rebellion, and at the close a vote of thanks was awarded to Mr. Stanton.
Friday, 1st May.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY. 8 BERKELEY (ACTING CHIEF Justice).
THE " ZAFIRO MYSTERY.
The hearing was resumed of the case in which the Man Loong sng the China and Manila St-amship Company for damages in con section with the alleged theft of $ 0,000 gold from the defendants' steamship Zafiro in September last. Mr. E. H. Sharp, R.C., and Mr. M. W. Slade, barristers-at-law (instructed by Mr. F. Paget Hett of Messrs. Monnsey and Brutton. solicitors), are for the plaintiffs and Mr. H. E. Pollock, K.C., and Mr. T. Morgan Phillips. barristers-at-law (instructed by Mr. J. Hastings of Messrs. Deacon & Ha tings, solicitors); for the defendants.
The special juy is as follows: Messrs. J. W. Bolles, A. S. tiooper, J. Leiria, A Turner, G. Mayer, F. H. A. Fuchs and F. D. Goddard. Foreman, Mr. Hooper.
| May 9, 1903.
His Lordship said that if an notion was brought against a captain on a bill of lading and the ca. tain had signed the bill of lading it was conclusive and he could not dispute it except in the case of fraud. On the other hand if an action was brought against a shipowner on a bill of lading signed by the mister it was not conclusive against them and alth ugh it was prima facie a receipt they were entitled to show if possible that they did not reosiva it. He took it that the signature by Moffatt on behalf of the owners would be covered by the
signature by the captain, same principle that covered the case of the
Mr. Slade said he thought otherwise but was of opinion that that point did not arise in the
case.
-
Examination continued-Hearr ngedaspecial freight on the value of the box two days before the shipment. He paid the rate and also insured the box with the Po On for $150,000, in respect of which he paid $240, and $145 for freight. He insured all his goods sent to Manila. Some days after the 12th he received a telegram stating that the box had been lost. He went to Shewan & Tomes' office on the 16th, saw the compradore, Fang Wa Chun, and enquired how the box was lost. He saw Fung Wa Chun again in his own shop the next day. Fang Wa Chun came, with an Englishman, who, Fang Wa Chun said, was the shipping clock of his bong.
Mr. Slade stated that Mr. Sharp was unable to be in attendance owing to an attack of fever. Chan Chick Wau the proprietor of the Man Loong firm, was again put into the witness-box
Mr. Slade-Did you know the Englishman? and bis examination-in-chief was resumed by that is ho. (Laughter.) He know the man Witness (pointing to Mr. J. Ilastinge)—Yes; Mr. Slade. The amount of goods seut from to be Mr. John Hastings as he had been to his Hongkong to the Manila firm from March of last office before. Fang Wa Cana asked him all year till the end of the year was about $250,000, about the money. and this year $100,000. These transactions carried on both in Chinese and English. The conversation was appeared in the books. The goods were shipped When they questioned him about the money through three different firms, mostly Shewan, he made some false replies and some true. He Tomes & Co. Last year the amount made the false statements because the solicitor of goods shipped to his Formosa branch was present and he was afraid the solicitor was $150,00 and this year $80,000 or might try to fish some things out of him, and $90,000. In July last year he commenced a ha did not know what the solicitor was going correspondence wir bis Manila brauch with to do. Fung Wa Chun said when he came into reference to U.S. Government contracts. his shop that he came down to enquire "about. Regarding these G.verument contracts he that matter." The statements witness made rec ived information about them only from the Manila firm. Somebody came back from Manila the seal was lost. Ile said so because the that were not true included the statement that also with information concerning the matter solicitor was present. In consequence of this correspondence he
He did not know determined to go into business aut decided to had the seal Mr. Hastings might have asked for what their object was. If he had said he send money to Manila. He sent $50,000 U.S.it, taken it away and perhaps manufactured a currency on 12th September last. into a box and the box was taken on board
It was put false box and put a seal on it. the Zafiro, Before the money was put into the box he counted it. to $19,500 in U.S. banknotes and 500 U.S. It amonuted silver dollars. His manager assisted him in counting the money. The silver dollars were packed in 20 rolls. These dollars were in rolls when he brought them out and he did not count them again. The box was fastened up with nails. There was some writing pat on with a stencil and then four seals were put on and im- pressious made upon them with a seal. He had the seal. (Seal produced and identified.) He went on loard when the box was shipped. His manager went with him and carried the box.
he manager did noto on board the steamer. The sampan man carried the box from the sampau ob to the steamer. Witness went on board also. He saw two officers there and banded the shipping order to one of them. This was the order he had filled up himself. When he handed over the order the officer looked at it and then went into a room and came out with a key. Then he went down below. Witness, and the boatman went with him. The officer opened the money room with the key. After opening the room the officer examined the seals of the box and used the expression, *All right.” The box was put into the room and the officer locked the door. They then went on the upper deck and into the saloon where the officer signed the shipping order and gave it to witness. Witness went ashore and went back to the shop and sent the shipping order to Shewan, Tomes & Co. by his foki to get the bill of lading in exchange. The foki brought back the bill of lading. The freight was paid on the same day. It was paid after he got the bill of lading.
The bill of lading having been produced, Mr. Slade stated that it was stamped "Shewan, Tomes & Co." with the words "per G. Moffatt' written below.
|
Mr. blade-Why did you think that? Witness-Well he is 'cute; he is a lawyer. shipping clerk but did not like to disclose the (Laughter) He knew Mr. Hastings was not a fact that he knew it. drawer under the scales. Since the loss he had The seal was kept, in a. kept it in the safe.
of your books Len
Mr. Slade Have any stolen recently ?
*
Witness-Yes,
further suggestions against Mr. Hastings, Mr. Morgan Phillips--I hope there arno
(Laughter.)
Mr. Slade-No; I don't think so. Examination resumed-The
books stolen
only about two weeks ago. He recovered three. were account books. He distɔfered their, loss
One of these was the testimonial book. His nephew brought it back to him. This nephew was called Chau Po; he had a brother who which Fung Wa Chun was a partner. This was a partner in the Fook Shing Loong in second nephew's name was Chan Kai. There might have been other inaccurate statements which he did not remember having made to Fang Wa bun and Mr. Hastings. They asked to look in the safe and looked at his books.
Cross-examined by Mr. Morgan Phillips- The book he showed Mr. Hastings and Fung Wa Chun was a new book with writing on the outside. It was a cash-book. There was one entry in it about this money. The two gentle- men did not ask him to show them his business books but simply to see the book containing the entry about the shipment of the box.
was read by the interpreter Mr. Li Hong Mi, This book having been produced, the entry who said that it was on the eleventh page from the end. The entry referred to $50,0 0 în U.S notes and silver having been despatched.
Cross-examination continued—There was no entry in any of his other books relating to these