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INTERESTING TO TRADERS.
DISTINCTIONS BETWEEN TREATY PORTS AND HONGKONG.
On Nov 18 the Chief Justice in the course of. his judgment in the action in which Mesars Reuter, Brockelmann and Co. were defendants made some observations which are of vital interest to China traders. He said:-
A certain sugar firm, the Cheong Loong. composed of two partners Woo Yin Nam and Leung Tsiu Pan. were in business in Hongkong and had dealings with Messrs. Reuter, Brockelmann, the defendant's branch house in the Colony. At the time immediately preceding the occurrences which led to this suit. the Cheong Loong had contracted to purchase sugar to the extent of about $50.000, in three contracts. Delivery had been taken of น certain amount of the sugar, and $5,000 had
been paid on account, hut a considerable
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THE HONGKONG WEEKLY PRESS AND
[November 23, 1908
BRIGANDAGE RAMPANT-DETERMINED ACTION BY THE VICEROY,
for since Magna Charta and the 14th year of; LAWLESSNESS IN KWANGTUNG, Richard II. there has never been a door to close, carries with it implicit obedience to our lawa which, I believe, are framed in the best interests of this free commerce. It is just this which makes the difference between trading in a British Colony and trading in a Treaty Port. I think it right to add to what I have said that the error into which Messrs. Reuter. Brockelmann and Co. fell, and which was the origin of all this litigation. was perhaps due to the fact that the firm trades in so many Treaty Ports in the East well as in Hongkong, that this essential distinction between Hongkong and the rest of the East had somewhat escaped them.
AR
THE PEAK MURDER
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H. E. the Viceroy of the Two Kwang has issued the following Notification, copies of which have been sent to all the high Civil and Military Officials' in the Province of Kwangtung :-
to
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MeasureK to
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This year many prefectures and districts in the Kwangtung Province have been afflicted with calamities. Bad harvests have been ex. perienced and floods have
prevented the cultivation of land. Consequently the people have had difficulty in earning a livelihood. You are all aware that I have directed the different Bureaux to do their utmost to raise funds The three natives charged with murdering a
alleviate the sufferings of the people compatriot at the Peak on October 22nd wore and so prevent lawlessness and chaos in the again before Mr. J. R. Wood at the Magistracy afflicted districts. But I regret to learn that ret on Nov. 17. The first and second defendant,cently there has been so marked a recrudescenc- were represented by Mr. R D. Atkinson (of of piracy and robbery that stern and prompə Messrs. Deacon. Looker and Deaconi quantity, 4,000 bags, had not been taken, and
suppress it
imperatively consequently remained in godown. On the Lai Tso was the next witness for the prose. necessary, especially now that the winter season construction of the contracts, I have no doubt |ention. He spoke to going to the Peak ou
has set in when lawless conduct is usually rife. that the property in this sugar had not passed | October 22nd to look for a clansmau. As he The civil and military officials and the police
with to the Cheong Loong. but remained
did not arrive at the meeting place arranged
officers of all the different districtązwhose duties Reuter, Brockelmann and Co.; that their right the top tram station at the appointed hour. are to search for and arrest pirates and robbers was to sell the sugar speedily and obtain the witness went on towards the Peak Church. On should act energetically and to their utmost best price they could, and to prove in the the road below he saw six or seven men fighting to stamp out brigandage and plunder, and bankruntcy of the firm for the difference
with rubeus One of the men was knocked restore peace and order in the respective districts. -herron they would have revised the small down. and another man pi him
It has recently come to my knowledge that dividend of 3.40 per cent. I have no denilt
the chest with a bamboo pede la fallen mau
there has been a recruic conce of piracy and bri- further, all the parties to the transaction being, called out "save life and the other au tow AN gan tage in the city of Canton and ita vicinity, within the jurisdiction of this Court, and Witness did not see the fight start, but he heard - at Yow Tao village and several other the transaction itself having been sucluded
some of the combatants calling out. strike, villages bordering on the Great North Gate of in Hongkong, that Messrs. Router. Brockelmann strike After the fight about six men ran to Canton City where robbers have kidnapped and Co. were subject to the jurisdiction | wards the tram station As he could not find people and members of Triad Societies have of this Court in the matter of this Bank his clansman, witness also went back to the forcibly taken possession of public properties. ruptcy. This aspect of the case was not very I train station, but did not again see the six men
Daring robberies have been committed in broad much referred to in argument, but it is suffi who had been engaged in the fight Watness daylight in Kong-nga-lee, one of most prominent ciently material for me to deal with it All | recognised the third defendant as one of the thoroughfares in the Western suburbs of the Can- persons in the Colony, British subjects or aliens,
men who took part in the fight He was the ton City Brigands kidnapped the late 8in Ting who are creditors of a bankrupt who is before
man who poked decvased in the chest Witness Ping, a leading representative of the gentry in the Court in bankruptcy, are subject to the
was four cheung away, but could, nevertheless, the village Wong-ting in the Nam Hoi district, jurisdiction of the Court. There is no doubt recognise the third defendant The first defen. and the officials have failed to capture the that if assets belonging to the bankrupt are
even to obtain the release of the dant was not in the vicinity where the fight robber, or discovered in another country and a creditor accurred; neither was the second Witness did captive alive. If such daring crimes can be endeavours to obtain them for his own benefit, not know any of the defendant- neither did he perpetrated in the metropolis of the Kwang. the Court has some jurisdiction to
of the fighters on his way back to the Tung Province one can imagine what must be his action, and this, if he is within the station Witness identified the third defen- going on in the other profectares. If pirates jurisdiction, whether he has proved in the bank -
and robbers have the audacity to kidnap wealthy dant among a number of other natives at the ruptcy or not. It is not necessary to define with
pentry and plunder their residences, it can precision to what extent that jurisdiction goes: After evidence of arrest wa- taken the readily be surmised what the merchants and the it is sufficient to note that it exist, also that the | hearing was again adjournal
common people must have suffered at the hands discovery of a partner in another country whose i
of the robbers and pirates. Unless strict in- structions property could be brought into the bankrupt.
are given to the high Civil and estate for the benefit of the creditors comes
Military Officials to institute strict searches, for within the meaning of assets as above referred to.
the brigands and adopt stringent measures to Further that if Reuter, Brockelmann and Co's application to the German Consul for assistance
protect the people, there can be no security for life and property from plunder and brigandage. in recovering such assets in Canton came within the terms of the jurisdiction clause of the Treaties of Tientsin, so also would an applica- tion by the Trustee in bankruptcy to the
for British Consul
he similar assistance within those clauses. And for myself I have no doubt whatever that what Messrs Reuter, Brockelmann and Co, did in the instane was an attempt to passer autre the Trustee in in the Cheong Loong Bankruptcy. They did not prove in that bankruptcy, but endeavoured to obtain a payment of the whole sum due to them by application to the German Consul: and I have no doubt that, at least during the pendency of the bankruptcy proceedings before this Court this was in violation of the bankruptcy laws of this Colony, under the protection of which they carry on their business in this Colony Action of this sort is most prejudicial to the other traders, of all nationalities as well as British. in Hongkong. and must therefore be also higbly prejudicial to the great international trade of the Colony. It is one of those ends" which result from the consular jurisdic tion treaties with China. and which it would be
control
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Central Police Station
PAPAL JUBILEE
Ou Nov 16 was the fiftieth anniversary of the Priesthood of His Holiness the Pope, and the occasion was honoured by Catholics in Hong kong with becoming celebrations Tho took place principally the Ronati Catholic Cathedral High Pontifical mass was celebrat. ed in the morning, the officiating prelate being His Lordship the right reverend Bishop D Pozzoni, assisted by the Very Rev Fr Robert. Procurator of the Mission Etrang, re«, the Rev. Fr Agostini. Spada and Long as Deacons, and the Rev Fr Lu as sub-deacon
WHE
At 5:30 pm the hymn Tu es Petrus sung. after which Bishop Pozzoni deliver- ed a
short sermon in English, in which he sketched the sacerdotal and pontifical life of the Pope, dwelt on his virtues and dealt with the question of apostolic successiott This was fol- towed by au exposition of the Holy Sacrament, Te Deum and Benediction. The chair sang selected hymnus in conclusion
At night the front of the Cathedral was beautifully illuminated with lanterns and electric bulbs. The most prominent design was the papal crest, the crown and keys, beneath which stood a representation of His Holiness flanked by huge Chinese characters. The compound also presented a very animated appearance, large crowds attending the fancy fete. Above the main door
was an illuminated photograph of His Holiness in his robes. The land of the Rajputs enhanced the pleasure of the evening.
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for the benefit of all concerned in the commercial welfare of this Colony, to get rid of by putting the whole matter on a more satisfactory and equitable basis. I am boudd to allude to this matter, because I think it is of the utmost importance that the innumerable foreign firms who trade in this 'Colony should realise it.
Japan papers report the death of Professor Edwin Emerson, formerly of Tokyo and latterly large measure of freedom of trade and access
He caught a chill during the to our Courts which has been accorded to of Yokohama. "merchant strangers repairing into the realm of visit of the American Fleet, and this developed England," not to be described as the "open door," ' into pneumoma from which death resulted.
That
This Notification is issued expressly to inform and warn the Civil and Military Officials that in future they must instruct the soldiers to co- operate with the volunteers of the different districts in taking adequate measures to capture roblers and afford the people proper protection. When any notorious pirates or robbers manage ; to escap capture in any of the districts, the off- cials should immediately issue large rewards with a view to securing their arrest. They must engage informers and pay them liberally to trace the brigands and have them captured. A« soon
as the officials receive information of the whereabouts, of pirates and robbers they must personally lead the soldiers in pursuit and they must not so neglect their duty as to allow them to escape. Officials will he punished and rewarded according to their merits during their tenure of office. I desire to make it clear to you that any official who captures a notorious brigand or apprehends robbers and thieres, no matter whether the official be civil or military, he will be handsomely rewarded. Officials whose districts are kept in peace will likewise be rewarded. On the other hand, officials whose dis- tricts are disturbed by robberies and pirscies will he singled out for punishment without mercy.
I have at heart the peace of the Empire and therefore hold the Military and Civil Officials responsible for the maintenance of peace. High officials should see that their subordinates carry out their duty and report to me all cases of lawlessness and I will have the officials pun ished. On receipt of this Notification all officials must pay heed to it and carry out the
instructions."
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