November 26, 1906.]
CHINA OVERLAND TRADE REPORT.
BRITISH CONSULAR SERVICE. also, are not to be lightly dismissed as a bit!
is an
uncomfortable possibility of things going wroug now in China. So far there does not appear to be any suspicion of it, we are glad to say, and we are reluctant to at once accept Mr. YoxALL's theory that the appointment of the latter, out here at any rate,
落花 is a confession that our Consular system fails in its functions towards our commerce". But at the same time we fear there is the same necessity, not only for abolishing the fee system, but for making Consular advice and assistance to merchants more accessible and dep n lable than it nar been.
A special meeting of the Sanitary Board was held in the Board room on November 22nd. Hon. Dr. J. W. Atkinson (president) presided. and there were also present Hon. Mr. A. W. Brevia. Messrs. A. Shelton Hooper. Fungi Wa-chun and 7. A. Woodcock (secretary).
RINDERPEST AT POKFULAM,
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357
SUPREME COURT.
Monday, November 19th.
IN CRIMINAL JURISDICTION,
BEFORE SIR FRANCIS PIOgott (Chief JUSTICE).
DISOBEYING A B NISHMENT ORDER.
Keung Wing was indicted on the charge of disobedience of a banishment order.
Mr. H. H. J. Gomperts. Attorney (neral, instructed by Mr. G. E. Morrel, of the Crown Solicitor's office, prosecuted, and prisoner, who was undefended, pleaded not guilty.
The following jury was empanelled :-J. H. Underwood (toteman), K. Frend, H. W. B. Kennett, G. F. Malden, A. C. Diercks, E Howard and F. Heldt,
The Attorney General, in opening, stated that as the result of a prosecution the prisoner was banished by an order of the Governor-in-Council 12th, 1904. : under the name of Wing Sing on November The order was dated November 3rd, and accused left the Colony by the Tai On on November 16th, but apparently returned. In the year 1905 he was arrested by the police for having returned from banishment. Records of deportees were always taken by the police, but the defendant's apparently had been mislaid. On that occasion the defendiat was let go, bat
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subsequently he was again arrested. His finger prints, however, wer not forthcoming, so be was again discharged. Finally, the officer in charge of records succeeded in finding what was alleged to be defendant's record, and accused 1 was arrested 00 Ostobar 23rd. Evidence would be called to show that accused had all the marks recorded under the name of the min ́bauished as Wing Sing. A warder from the jail would give evidence that the defendant was banished as Wing Sing, and although the latter pleaded not guilty he called no witnesses. The only question to be decided, therefore, was one of identity.
After hearing the evidence the jury found the prisoner guilty by a majority of tire to two, and his Lordship sentenced him to twelve months' imprisonment with hard labour,
of insularism; his suggestions of the possibilities are sufficiently disconcerting to (Daily Press, 24th November.) strengthen the argument that au all British, The four articles on the British Consular service is desirable. The British Consul Service, written by Mr. J. H. YoxALL, M.P., who seems to consider it proper to irritate the concluding one of which appears in this as many of bis nationals as dare to approach issue, appear to bave focussed expertly a his sacrosanct person is by no means a rara view which has been more or less general avis; but that is an evil which unhappily for some time. We have referred to the rears its head in nearly every British body of subject before, but it is none-the-less public servants; and constant supervision interesting to have the collected opinions of and sharp discipline are essential under any one who has avowedly made a special study system. It is to be hope that Mr. of the subject for years, personally collecting. YOXALL'S fears as to jealousy hetween evidence at first-hand, and who as a result | Consuls and Commercial Agents are not feels entitled to make the bold assertion: wholly warrantel, otherwise there that the Consular system as at present managed is to British trade a handicap rather than a help. We are inclined to take the view that Mr. YoXALI cannot have paid such particular attention to the Consular Service in China and the Far East, even while admitting that mercantile grum bles at its expense are by no means unheard of. In view of the interest which most of our Cousula take in tradal development out here, as evinced in the numerous able reports that continue to reach our hands, it is less easy to accept, as applying to the Service in China, Mr. YoxALL's remark that too much stress is laid on their diplomatical¦ duties, to the neglect of what should undoubtedly be their commercial functious. HONGKONG SANITARY BOARD. There are, of course, many business men who find these reports less practically useful than a newspaper does, and it is quite true that they appear at longer intervals than seems desirable. We can, therefore, without committing ourselves to any special dis approval of the Consular representatives in these parts, endorse his suggestion for a series of approved reports to be issued in a monthly serial publication, say a greatly enlarged Board"
of Trade Journal, or a8 Mr. YOXALL prefers,
something like the official Labour Gazette".
If any Consuls then grumbled at the extra work entailed, they would themselves be drawing attention to the weak places that this Member of Parliament would reform. The busiest of them can hardly plead that they are overworked. Some of them, also, might be no worse for instruction as to "the kind of reports which are useful and acceptable". As to the service generally, there can be no two opinions that Mr YOXALL'S strictures on the present method of recruiting are justified. Open examina- tions, permitting men qualified by special business experience and training to enter and the elimination of Party patronage, are reforins that demand immediate considera- tion. With the utmost respect for the Consuls as a body, we cannot deny that there are individuals occupying positions for which they are no more fitted than were many of the American Consuls under the old system, unfitted, perhaps for a different reason, implying incapacity and disinclina- tion rather than moral obliquity. The appointment of colonials with some local knowledge would also be a sensible plan to follow, as well as "a fine Imperial stroke ". We are doubtful of the feasibility of Mr. YOXALL's suggestion that every Consular place of business should include a showroom for sample British wares; there are places of the French Priests at Pokfulam be declared where such a room might require the area
by the Board a place at which an infectious disease exists under byelaw 12, and that necessary of an amphitheatre. His argument, how steps be taken by the Colouial Veterinary ever, that Consular officers ought to be Surgeon to prevent the spread of the disease. regarded, and to regard themselves, I woull also recommend under section 5 that as the eyes and ears of British com- the Board recommend the Governor in Council merce abroad, is quite acceptable, and to direct that the cattle be slaughtered, and that again emphasises the value of having compensation be given as allowed according to those eyes and ears specially trained usefully perform such functions. His comments on the employment of alieus,
to
THE PRESIDENT The reason why I called yon together thus hastily is on account of a report from the Colonial Veterinary Surgeon concerning an outbreak of rinderpest at the French priests' sanatorium at Pokfulam. Mr. Gibson is bere if you wish to ask any particulars Surgeon's report in
THE SECRETARY theu read the Veterinary which it was stated
on
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that on Saturday, 17th instaut, he received a message through the police to the effect that there were sick cattle at the sanatorium of the French priests at Pokfulam. He made a post mortem oa oue but found no definite reasou to conclude that there was any there was nothing particular disease. and to be seen in the blood when examined micros- copically. After
ลอ eximiantion of the cattle in the sine place the 18th be found two with high temperatures, but having no other appearance of dis age. the 19th their condition was not much change, but two others were found to bare high temperatures. He kept the two sick pairs apart from the others, and from each other. and the cattle in a shed close by were moved to a shed some distance away. On the 20th the same conditions prevailed. Although the tem peratures varied fro n 1045 to 107, the cattle were still feeding and showing to the casual observer no symptoms of disease. Yesterday afternoon two of the first set apart sowed He had taken all precautious to prevent the marked symptom of Haemorrhagic Septica mis. disease spreading further. In view of the fact tha the whole of the cattle in the Colony were within easy distance he would recommend that the whole of the infected suimais be slaughtered under section 34 of Ordinance 1 of 1903.
THE PRESIDENT-I move that the sanatorium
that section.
MR. HOOPER seconded and the motion was agreed to.
I he meeting then ended.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT, (CHIEF JUSTICE).
ALLEGED TRADEMARK INFRINGEMENT, This was an ex parte motion made by Hon. Mr. H. E. Pollock, K C., instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) on behalf of the plaintiffs, the North British Rubber Co., Ld., for an injunction to restrain the defendant, Messrs. Arnbold, Karberg and Co.. their servants or agents, from selling or exposing for sale or from parting with the possession to any person or persons other than the plaintiffs of India rubber shoes bearing on them the mark of a " Lion Rampant "either in the Colony of Hongkong or at Canton or in any other place where the plaintiffs had acquired a reputation for their registered trademark of a "Lion Rampant."
In the statement of claim it wast out that the plaintiffs desired an injunction to restrain the defendants from infringing their trademarks, one consisting of a "Lion Rampant" and the point of a sword, and to restrain the defendants other of a pair of scales suspended from the from selling or disposing of any rubber boots or shoes not of plaintiffs' manufacture bearing a colourable imitation of plaintiffs' said trade- marks, and also from passing off any goods not of plaintiffs' manufacture as and for the goods of the plaintiff. Delivery up of the marked
goods. Damages for breach of defendants' gndertaking given on March 29th, 196, where- by the defendants undertook that they would not in fature by themselves or by their servants or agents sell or expose for sale nor import into the Colony any rubber boots or shoes bearing on them any mark so resembling the plaintiffs' trademark of a " Lion Rampant" as to be calculat-
ed to deceive. Further or other relief.
Mr. Pollock stated that his application was supported by two affidavit, one made by Mr. Cecil Humphreys of the firm of Messrs. W. G. Humphreys and Co., plaintiffs'
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