March 20, 1903,1
bcently been again considered by the Committee of the Hongkong General Chamber of Com- merce, and I have been instructed to lay before you the following facts in connection with the working of this Ordinance.
I would beg to remind you that the reason the Committee of the Chamber originally requested the Government to license pilots in Hongkong, was with a view to checking the growing evil of incompetent and ignorant native boatmen, boarding vessels outside the harbour and representing themselves as competent to act as pilots..
It is hardly necessary to point out that this state of affairs not only caused at times consider. able inconvenience and loss to ship owners but the risk of damage to valuable property and heavy loss of life also influenced the Committee in approaching the Government with a view to having these incompetents weeded out.
There were however a number--probably some 40 at least-of Chinese boatmen who for years acted as pilots, bringing in and taking out of the harbour the largest vessels visiting this port, berthing them alongside the wharves or docks, and generally performing the duties of pilots to the entire satisfaction of the shipping
. community.
It is admitted that most-if not all of these men are illiterates, but they have proved them- selves competent and trustworthy and though recommending legislation, the Committee had it in mind that the examination of this class of men, who could not possibly be expected to pass highly technical examinations, would be conducted with similar consideration to that now shown in their examination to
Coxswains and engineers of local tugs and
launches.
The Committee of the Chamber from the "first expressly stated that they considered it advisable not to limit the number of pilots and
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in the belief that this would be the view taken by the Government, the Committee contented themselves with a statement to this effect in their letter addressed to the Hon the Colonial Secretary dated 21st April 1904. time they also expressed the opinion that the fees for pilotage should not be increased.
At the same
I would beg to remind you that the views of the Committee were very fully set out in the correspondence which passed between the Chamber and the Government in 1902, 1903; this has been published in the Chamber's Reports for those years,
Quite the contrary however of what was desired has now come about as, acting undər powers given him in the Ordinance, it has been decided by the Harbour Master to limit the number of licences to 10, to cope with the work which forty or fifty men were previously engaged in and even supposing that all the ten men were available at the same time this num- ber is in the opinion of the Committee in- adequate to meet the requirements of the shipping.
As a matter of fact it would appear that there are only nine licensed pilots at the moment vis.
eight Europeans and one Chinese. Further one of these is engaged in controlling the new formed Pilots' Association and has other in- terests demanding his attention. Allowance must be made for a certain percentage of absentees either through sickness or temporary
absence from their work.
CHINA OVERLAND TRADE REPORT.
While, therefore, pilotage in the harbour of Hongkong is not so absolutely essential, the custom has gradually grown up to send pilots off to vessels who can give the Comman. ders the latest information as to the Harbour Regulations, position of vessels in port, and more particularly the course of the current when taking a vessel to a wharf or dock. Many shipping Companies only supply pilots for the latter work.
In view of the above-stated facts the Committee of the Chamber trusts that the question as to how best to work the Pilots' Ordinance in the interests of the shipping trade of this port, will receive the attention of His Excellency the Governor and that, by a liberal extension of the number of licences and further latitude in the matter of examination, the shipping Companies will be able to again make use of those with whom they are entirely satisfied, and a very deserving class of men will therefore be no longer deprived of employment in work for which in a majority of cases they have proved thems Ives fitted.
It seems to the Committee a distinct hardship to both sides that when the shipping companies are satisfied with their native pilots and these in turn are anxious to resume working for them they should be deprived of each others services.-I have etc.,
(Sd.) A. R. LOWE
Secretary.
To Hon. F. H. May, C.M.G., Colonial Secretary,
SIR,-J
am
Colonial Secretary's Office,
21st February, 1905. directed to acknowledge the
receipt of your letter of the 17th instant in connection with the recently enacted Pilots
Ordinance and to inform you that His Excel
lency the Governor shares the views of your
committee as set forth in your letter.
Instructions are being given to the Harbour Master to simplify the examination and to license any British subject, unless for some special reason unsuitable, who passes it. I have etc.,
(Ed.)
F. H. MAY, Colonial Secretary.
To A. R. Lowe, Esq.
Secretary, Hongkong General Chamber of
Commerce.
His
Hongkong General Chamber of Commerce,
Hongkong, 16th March, 1905. receipt of your letter of the 21st ultimo in- SIE-I have the honour to acknowledge the timating
Excellency the Governor's instructions that the Pilots examinations will be simplified and the limit on licences removed. In reply I am directed to express to you the thanks of my Committee for the ready manner in which the Government have met the wishes of the shipping community made through the
Chamber.
With reference to the statement in my letter to you of the 17th ultimo that "it was under- stood that in one or two cases at least Chinese pilots who have passed the examination have not been granted licences, the vacancies being filled by Europeans subsequently examined, I am now given to understand that this was incorrect, although the source from which this
time to be reliable. I am therefore to express information was obtained was thought at the the regret of the Committee of this Chamber that such & misstatement of fact should have been made thereby indirectly drawing public bour Master's Department.-I have, etc., attention to supposed irregularities in the Har
As a result of the number of licences being so limited complaints are being made that the service does not meet the needs of those en- gaged in it and demands have already been put the Pilot Regulations, whilst on the other forward for higher pay than that laid down in hand Shipping Companies are deprived of the services of men whom they have employed for a number of years, in whom they have thorough | To Hon. F. H. May, C.M.G., confidence and whom they wish to retain.
It is further understood that in one or two cases at least old Chinese pilots who have passed the examination have not been granted licences, the vacancies being filled by Europeans subse- quently examined.
If the navigation of the waters of the Colony were of so intricate a nature as to necessitate the engagement of highly qualified pilots, such as are required in the Thames, or the Hooghly, the committee would be only too ready to favours scheme providing such a service; this however is not the case,
Colonial Secretary.
(Sd) A. R. LOWE,
Secretary.
-SUPREME COURT.
Saturday, 11th March.
183
IN SUMMARy JurisdicTION.
BEFORE HIS HONOUR Mɛ. T. SarcoMun SMITH (PUISNE JUDGE.)
THE HEP LOONG V. WEISMANN, LD.. The hearing of this claim for $648, for bis- ouits supplied, was continued. Mr. P. W. Goldring (of Mr. G. K. H. Bratton's office) appeared for the plaintiff shop, and Mr. H. E Pollock, K.C. (instructed by Mr. Almada e Castro) for the defendant company.
Evidence for the plaintiffs having been con cluded, Mr. Pollock said:--I would submit that the plaintiffs must be bound by the actual coutract produced, which bears the chop of the firm. We have it that Lum Lai fixed the chop of the firm on that contract, and that before he did so the document was explained to him by an interpreter. The biscuits were to be according to sample; they were being sold according to sample.
His Honour-Did not Weismann waive the contract by his conduct? The evidence showB me that Weismann went and superintended the whole thing, and made a selection of the biscuits. The questions are :-did the defend- ant waive the contract by making this selection and did he waive the contract by accepting the goods, thus leaving himself only able to take an action for damages.
Mr.
Pollock-There was no expressed waiver. It would be very dangerous to uphold that he waived the contract. Mr. Weisman", iu consequence of the sample, did his best to ensure that only good previous biscuits being not according to biscuits were packed, without relieving the plain- the goods according to sample. Because te tiffs of the very express condition of making
takes some steps to try and prevent old biscuits being palmed off on him, does that relieve the plaintiff of the expressed condition in the con- tract ?
His Honour-This man made a selection of biscuits, and I must therefore consider that they were up to sample, or what was the good of taking them?
Mr. Pollock-Under the first contract, only one hundred tins were delivered. Weismann
inspected the biscuits under the first contract and said they were not good. The plaintiffs took back the biscuits; they gave in at once-and Chinaman would not give in if he did not think he had a bad case. As regards the s-cond contract, I shall be able to show clearly that
the document produced by the plaintiffs is not a copy of the contract, and that r. Weismann did put in a copy of the contract which he wrote in the defendants' shop. Mr. Weismann did try, as regards the second contract, to get the price down to 53 cents, but the defendants would not come down to that. Six cents per lb was agreed on and the chop of the shop was put on a document to that effect by Lum Lai. "Hep Loong" was written in English over the will say that that man t ld him that he was the chop by the interpreter. Mr. Weismann
master or a partner in the defendant shop. It must be assumed that it would be unusual to find a Chinaman writing on such a document if he was not authorised. It is somewhat peculiar that this man, if he was not interested in the plaintiff's shop, should on three or four occasions act as interpreter. On the point of the alleged selection, it is quite true that Mr. Weismann
or
were
his European assistant were present practically the whole day while these ting were being packed. But what we say is this-→ Mr. Weismann "once bitten, was twice shy";. these biscuits were being sold by him to Messis. Blackhead and Company to be sent to Singa The Bailiff of the Supreme Court recently pore, and he thought it was his duty to exercise some sort of precaution. Five or six persons had the steam launch Competition seized under
engaged in the packing business. warrant. The action being settled, the Although Weismann and his assistant did reject launch was released, and to evade further some biscuits, that does not mean to say that they proceedings cleared off to Canton. She has accepted the rest. They were doing their best to been now detained at Cauton by the Harbour exercise some supervision, but this action, would Master, as she is claimed by Mr. E. Murray of not preclude them from refusing the biscuits Duddell Street. Capt. Casey has left here for afterwards on account of them not bei Canton with a crew to bring the launcherding to contract. I would submit back, the old crew having run away.
thing done by Mr. Weismann or his
8