Page
MANILA
THE HONGKONG DAILY PRESS, TUESDAY, FEBRUARY 14TH, 1911,
CARNIVAL
FEB. 21 FEB. 28.
CHINESE SEAMAN'S DESERTION| master by the absence of the seaman due to desertion. In one wens ho was undoubtedly right. There was no doubt that but for the
IN AUSTRALIA,'.
HALLIDAY 9. TAFES,
The above case was heard last month in the King's Bench Division of the High Court of Justice before the Lord Chief Justice, Mr.
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man's desertion there would have been no groundSQUARE BOTTLE”
for imposing the tae, and thoroforo, if it was an expense properly so called, it would be due to the man improperly going ashore.
The Act of the Commonwealth imposing the penalty did not throw much light upon the case, This was a case stated by the stipendiary although it had been referred to by both sides. magistrate for the Borough of West Ham, The fact that the absence of the seaman frum before whom an appeal had been entered by the master of the crew would he degrbed to be John Halliday, the appellant, under the Statute oridonce, until the contrary was proved, that ho 6 Ed: VII., 6. 48, sec. 28, against the decision was a prohibited immigrant did not appear to of Edwin Taffe, the respondent, the magistrate his Lordship to assist very much in elucidating having wrongfully refused, it was alleged, to the case. Mr. Atkia had referred to section 221 allow the appellant, who was the master of the (a) of the Merchant Shipping Act, 1894, which steamship Crown of Galicia, to be reimbursed provided that's senmau who deserts from his out of the wages and effects of one Chat Anship shall be guilty of the crime of desertion and Ching, & member of her crow, who had deserted from the ship at Brisbane, in the Common wealth of Australia.
The appellant had claimed roim bursement. in respect of 息 fine of £100 imposed apon him, the muster, or upon the owners of the ship under the laws of the Commonwealth, together with a sum of £1. 78. 61, the cost of a cable sont by the appol lent to the owners in consequence of the deser tion of the China mao. The appeal was heard on July 4, 1910, and the magistrate decided that the appellant was not entitled to be so reimbursed.
"It appeared from the case stated that the appellant was master of the s.s. Crown of Galicia, and the respondent was the superintendent of the Mercantile Marine Offer, Connaught-road, Victoris Dock, London. On April 15, 1909, Cla Ah Ching, a Chinaman, had signed articles
be liable to forfeit all or any part of the effects he leaves on board and of the wages which bo bas then earned." It seemed to him that the fact that the seaman forfeited his wages and effects did not enable. the Court to say whether a particular exponzo could be set off against tho wagen. That motion was not so important as ostion 232, which provided in sub-section 1 that "whore any wages or off ste are under this Act forfeited for desertion from a ship, those effects may be converted into money, and those wages and effects, or the money arising from the conversion of the effects, shall be applied towards reimbursing the expenses caused by the desertion to the master or owner of the ship, and subject to that rombursement shall be paid into the Exoleqner and carried to the Consoli- dated Fund." He did not decide this case by drawing any distinction between that section
the wordas "exponses ..... caused by absence of the seaman" were not quite so strong as the word "expensos caused by the desertion He, however, took the same view with regard to buth sectio s.
WHISKY.
BEWARE OF
GOJUSIUVANL
5
SHIPPING IN PORT.
STEAM BES. AMERICA MARU, Japanese str., A. G. Stevens, 9th Feb.-Shanghai 6th Feb, Mails and General-Toyo Kisen Koisha. ANHOI, British str., 1,356, J. B. Harris, 12th February--Shanghai 9th Feb., Mail and General--Butterfold & Swire.
BRAND, Norvegian str., 1,234, Ivorsson, 26th Jan.-Shanghai 22nd Jan., Sandalwood- Aagaard, Thoresen & Co.
CHEONGSHING, British str., 1,265, V.M. Liddell,
5th Feb.-Swatow 4th Feb., General- Jardine, Matheson & Co.
CHINKTANG. British str., 1,250, W. Fr. Kay, 11th Feb-Chingwantae 5th Feb., Coal- Butterfield & Swire.
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Galicia at £3 108, per calendar month wager, and when the ship arrived at Brisbane on Nov ember 13, 1909, Cân Al Ching desorted from the ship or was guilty of an offence within scolion 2 (1)(b) of 6 Ed. VII. c. 48. On the date of his dosertion there was dus to tho Chianman for wages a sum of £36 15%. 7d., and he had left ou
certain other affects. The fact of the desertion together with the amount of wagos due and a list of his offools were outored in the official leg in accordance with the provisions of this Merchant Shipping Acts. Cha Ah Ching was a prohibited immigrent within the mening of the Immigration Restriction Acts, 1901 to 1935, and by reason of his desertion the appellant was summoned before a Court of Summary Jurisdiction at Brisbane, was convicted, and fined £100 for permitting him to enter the Commonwealth
The appellant alleged ho put to expense by reason of the desertion bosides the amount of the fine and other Bum amounting to £2 10x 73. On the ship's return to the United Kingdom the appellant furnished to the respondent, wudor soetion 28 (1), 48 of 6 Ed. VII, a delivery account show- ing the wages due to Cm Ab Ching and the uffects be hail I ft on board, together with a reimbursement account showing the expenses | caused to the appellant by the desertion. The respondent had disallowed the sum of £10, the amonut paid by the appellant in respect to tho fino impod and the sum of £1 78. 6. referred to in the reimbursement account as being sums not properly chargeable against the man's wages and effects.
таз
On the part of the appellant it was contended 163.4 that the said sums were expenses within section 28 (1) b) of 6E, V I. e. 48, cansed to the master or owner of the ship by reason of tho desertion, neglect, to join his ship, or other conduct of the seaman which constituted an offence within section 22 (1) of the Merchant Shipping Act, 1894, and he further contended. that the sums were properly chargeable by the appellant in his reimbursement account against the wages and effects of the Chinainan.
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On the part of the respondent it was contend. ed that the sums referred to were not properly chargeable against the wages and effects of the
невшая.
The magistrate hold that the decision of the respondent was right and dismissed the appeal accordingly..
Mr. Atkin, KC, and Mr. A. Neilson appeared for the appellant; the Board of Trade were represented by the Attorney-General (Sir Rufus Isaacs, K.C.), the Solicior-General (Sir John Simon, K.C), Mr. Bowlatt, and Mr. Hamer Greenwood.
JUDGMENT.
The Lord Chief Justice, in delivering judg- mont, said that he did not express any opinion as to whether the claim was one which ought to have been made. It had been contended on behalf of the Board of Trods that a fae imposed on a master of a ship from which a prohibited immigrant had entered the Common wealth of Australia did not come within section 28 of the Merchant Shipping Act 1906, and, if the view that the Court were taking were correct, within section 232 of the Merchant Shipping Act, 1894. The Aut of the Australian Commonwealth (No. 17 of 1901), hichi prohibit ed the immigration of certain persons, provided in sectio 9 that when an immigrant such as this soaman entered the Commonwealth the master and owners should be liable to a fine of £100. Ho thought that but for the next clause in that section, the desertion of from a ship which had
rot brought him for purposes of landing him would not laye rendered the master or owner of the ship able to the penalty. But when the next clause in section 9 was looked at it was impossible to take that view, because that clause provided that in the case of an immigrant of Europen race or descent uo penalty shall be imposed under this section on any mater, owner, or charterer who proves to the Patisfaction of the Court that he had no knowledge of the immigrant being landed contrary to this Act, and that he look all reasonable precautions to provont it." "herefore it was quité plain that the framers of the Act had considered; the cus of a man entering the Commonwealth by desert- ing from bis ship. It was therefore clear that a desertion from a ship ander the circumstances of the present case came within section 9 of that Act.
·
'
When the caso was looked at fairly there was no evidence that the fine of £100) was an expense caused by the desertion or by the absones of this Chinaman from the ship. It seemed to him that if the Chinaman had desorted to another -kip and hud sailed away the expense of the fine would not have been incurvol. · The expenso of the fine was caused because the man entered the Commonwealth, His Lordship therefore came to the conclusion that there we upon which the magistrate could come to the conclusion that the fine which had been imposed was an expense caused to the master or owner of the ship by the absence of the senton from the ship.
evidence
He had hid some doubt as to whether the expense of the tologram home came within the same category, but Mt. Atkin did not dispute that the telegram was sont asking whether the master should pay the flne, and therefore no distinction could be drawn, between the expense for that telegram and the fun. The appeal therefore must be dismissed.
Mr. Justice Hamilton and Mr. Justics Avory delivered judgments to the same effect.
TRADE OF THE PORT OF LONDON..
MR. JOHN BORNS COMPARISONS,
Mr. John Burns, in a letter to a correspond.
io-
ent dealing with the allegation that the London Dooks have never recovered from the blow they sustained at the time of the dock strike of 1889, and that many of the ships which then left London never eame-back, gives figures to show that the tonnage of British and foreign vessels which entered the port from foreign countries and British Possessions and coastwise (excluding vessels from the Medway to discharge e rgo bad increased by 52 per cent, and the tonnage of vessels entering from foreign ports to dis charge cargo 66.6 por cont. in 1909 us the value of compared with 1689, while the total imports and exports of the port (excluding coastwise goods) in 1909 creased 38.7 per cent. over 1889. In the fret and report of the Port of London Authority: recently published, ho adds it is stated that it is certain that the tonnage of shipping using the docks in the year 1909 10 largely exceeded that of any previous year, and we could rely that under the able and sealons direction of Lord Davenport and his colleagues no effort would be. spared to secure even a greater volume of busi- nesa in the future. The orities of the Port of London would no docbt regard my reply as in complete if it contained no reference to the trade of Germany," he concludes. Will they flud consolation in the fact that the imports and exports of the Port of London (one river alone) in the year 1909 (£322,614,000) nearly equalled the total domestic exports of the whole of Ger.
any during that year (£328,473 000)?
GERMAN TRADE IN 1910, '
LARGE INCREASE IN EXPÜKIS.
The total value of the German foreign trade (exports and import) in 1910, excluding gold, silver, and p por money, amounted to £803,800, 00, ns compared with £756,500,000 in 1909.
Imports amounted to £430,450,000, as against
and from ALL WINE Marchants. [56
TO LET
HONGKONG CLUB.
NOTICE.
O BOOMS in the Ground Floor of TO LET, from the 1st February, 1911, the Annex, suitable for Offices. For further particulars, apply to the Undersigned.
JAMES CRAIK, Secretury: Hongkong, 19th January, 1911, (209 TO. LET
on
URNISHED
UNFURNISHED, 6-ROOMED HOUSE, on the PEAK. Apply to
A. BECKER, Cars of SANDER, WIELER & Co.,
Princo's Buildiuge.
₤294 Hongkong, 8th February, 1911.
TO LET.
and COMMODIOUS SHOPS, Nathan Road, Kowloon, Immediate Possesion Cheap Rentals.
KOWLOON MARINE LOT 43. Taumati, Ares 95,200 square foot, with 255 feet Bea Frontage. Especially suited for Storage of Crial. Timber. år.
CHUNSANG, British tr., 1,418. R. Y. Andersen, 31st Jani-Kwangven 29th Jan., Cement Stone-Jardine, Matheson & Co. CHOSHUN MARU, Japaneso str., 1,803, T. Tamugachi 120 Feb-Swatow 11th Feb., General-Osaka Shosen Kaisha.
CHOWTAI, Gorman str., 1,115, W. Rezer, 5th Feb.-Bangkok 29th January, General- Butterflell & Swire.
Cownic, British str., 3,155, Jackson, 20th Jan. Shanghai 16th Jun., Ballast-Asiatic Petroleum & Co.
DERWENT, British str.. 1,562. J. Jenkins, 2nd
Feb-Saigon 29th Jan, Rico-Man Fat. FRI, Norwegian str., 860, N. G. Andersen, 4th FabDalay 28th Jan., General-Aagnard, Thoresen & Co.
FUKURA MAEV, Japanese str., 3,139, S. Kuma- waki, 8th Fab.-Moji 2nd Feb., Coal- Mitsu Bishi Goabi Kwa sha HATCHING, British str., 1,267, W. C. Passmore,
11th Feb-Swatow 10th Fob., General Douglas, Lapraik & Co.
HATTAN, British str., 1.183, J. W. Eraña, 4tir Feb.-Swatow 3rd February, General- Douglas, Lapraik & Co.
HALYARD, Norwegian str., 1,066, C. AndersAN, 4th Feb,Bangkok and Hoihow 3rd Feb., Rico - Aagaard. Thoresen & Co. HELLAS, Gorwan str. 2,450, 8-ch, 12th Feb.---- Shanghai 8th Fob., General-Hamburg- Amerika Lirie.
HILARY. German sr., 1,276, Hatje, 1st Feb Balik Papan 24th January, General- Order.
HOLSTEIN, German str., 1,103, D. Henk, 9th Fob Tourane 7th Feb.. Coul and General -Jahsen & Co.
ISCHTA, Italiau str. 2,480, G. Bolsito, 8th February Bombay 16th January, General
Carlowitz & Co,
JAPAN, British afr., 3,827, Stewart. 9th Feb.
Moji 4th Feb., Coni-David Sassoon & Co., Ltd.
KABHING, British str.1,143. Levers, 31st Ju
---Chefoo 24th Jan., General--Butterfield & Swire.
KEONGWAI. German sir.. 1,115, J. Kohler, 3rd
Fab. Bangkak 24th Jan.. via Swatow 2ud- Feb., Wood Butterfield & Swire. KIYO MARU, Jupatiese sic.. 5,753, H. Nishi, 9th Feb-Moji 4th Feb., Coal and General
Toyo Kisen Kaisha
EOUS CHANG, German str. 1.234, Rosiefsky, 7th Feb.- Bangkok and Swatow 6th Feb, Bien-Butterfield & Swirn
Ltd
FLATS in Natban Road Four-Rooned thoses; Newly painted and colour washed KUMERIC, British str. 4906. MsGrill, 5th Feb. -Manila 2nd Feb, Goueral--Bank Lips, Apply to throughont, Cheap rent,
HUMPHROYS ESTATE & FINANCE COMPANY, LIMITED. Hongkong, 14th February, 1911. (154
TO LET.
GODOWNS, 95, 96 and 97, Praya East.
Apply
OHATER & MODY.. Hongkong, 7th December, 1910,
TO LET.
NO. 21, CONDUIT ROAD,
Gardens.
[121
Clifton
KWANGTAH, Chineso str., 1,556, F. H. Prait, 10th Feb-Shanghai 7th Fch., General- C. M. S. N. Co.
KWEILIN, Britisk str., 1.073, C. D. Piekott,
8th Fal-Wakamaten 2nd Feb., Coal- Butterfold & Swira.
PERSIA, British str., 2.744, A. Lookott, 16th Jari-Manzanillo and Mexico 20th Deo, General Bug Hook Fong S.S. & Co. PHRAN NO, German sir, 1.201. Fr. von Man
golsdorft, 4th Feb.-Bangkok and Swatow- 3rd Feb. Rice-Butterfield & Swire. PONCTONG, German str., 1,150, W. Betoführ,
31st Jan.-Saigon 28th Jaunary, Itico- Order.
9, MACDONNELL ROAD, from 1st May. PROTEUS, Norwegian str., 1,027, HI. E. Lowser,
PRONTO, Norwegian str., 838, Th, Seeberg, 5th
An OFFICE on 1st Floor, 16, Des Vaux Boud, Central.
OFFICES in KING'S BUILDING, 4th floor. GODOWNS, 151 to 155, PRATA EAST. A HOUSE in Wong Nei Chong Road. SEMI-EUROPEAN FLATS, Prays East, corner of Observation Place. The Trams stop at the door
Also New EUROPEAN FLATS, adjoinlag tho now Seaman's Institute, Praya East.
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THE HONGKONG LAND INVEST-
MENT & AGENCY CO., LD. Hongkonr. 2nd February, 1911, 1113
10th Feb-Java 29th Dec, Sugar- C. J. J. Co.
Feb. Dalay 29th Jan, Bean-Yuen Wo Loong.
SAMBEN, Britisk str.. 1000, W. D. Brown, 2nd Toh-Chinking 28th Jan., Groundnuts-- Butterfliek & Swire.
SLAB, German str. 156, G. Wohtus, 5th Feb→→ New Gaines 20th January, General- Melchers & Co.
SOBNU MART, Japanese str., 1.98, K. Suka- wa, 12th Fob.-Swalow 11th Feb., General ---Osaka Shosen Kaisha.
TAMON MARU, Japanos atr., 2,120. Nakayawa, 9th Fob.-Miika 3rd Fab., Coal-Mitani Bureau Kaisha.
TO LET FURNISHED.
EWKNOB,' No. 116, Plantation TIENTHIN, British str., 1,227, Trowbridge, 11th Feb.-Wakamatsu 6th Feb., Coal Mitsui Basen Kaisha.
"Land, Feak, from April 15th nest,
Apply-
M. W. SLADE,
Prince's Buildings. Hongkong, 26th Jannsry, 1911.
| 237
TO LET-FURNISHED.
TuORDIS, Norwegian str., 1.091, J. Jurgensen, 7th Feb:- Bangkok via Swatow 6th Feb, Rice-Aagaard, Thoresen & Co.
TJIBODAS, Dutch str. 8.000, P. Zwart, 11th Feb. Moji 4th February, General Jara- China-Japan Lajn.
£426,350,000 in the previous year, while exports BUDLEIGH, No. 5, Macdonnell Road. TOUAREG, French str., 615, E de Catalono, also showed in increase, the figures for 1910 being £373,250,000 18 compared with £329,970,000 in 1909. -
WEATHER REPORT.
On the 13th at 1,55 m.m. → The barometer has and fallen over oderately in E. Japan, a Chica, particularly in the
A depression is probably approaching Man- churia from the Westward
Pressure is high over the Sea of Japan, and the Yangtze valley.
Fresh monsoon may still be expected over the China Sea.
Hongkong rainfall for the 24 hours ending af 10. to day, 0.00 inches.
The forecast for the 24 hours ending at noon
(*)
to-day is as follows 1-- ** Hongkong & Neighborhood
(N.E. winds, moderate. Same as No. 1.
The next thing to be considend was as to what really caused the fine to be imposed. It was imposed bro, tise some one took proceedings. against the master of the ship by reason of a Formoss Channel Cinuman having entered the Commonwealth. South coast of China between He could not take the view that the proceedings in such a ca e were satomatic. It seemed to him that the fin that was imposel depended upon two things: first, apon the enterinis of the im- migrant into the Commonwealth; and, second- ly, upon the preced ùrs being then against. the master or the owner. He would have con- afrued to findings in the case is being in favour of the appellant if there was any evidence upon which the magistrat coald thia Was 80 ExpeBSD within the mounting of the Act. He urreed that the magistrate had found that the expense wa gaused by the desertion of the Chinaman, because he had found that "by weas of the paid desertion or offenes the appellaut was summon- ed before a Court of summary jurisdiction of
South coast of Chius bet game as No. 1.
Hongkong aud Lwrücksi
Wongken und Hainan
E. and N.E, winds, fresh; cloudy, drizzling main or mist,
SCOTCH WHISKY Brisbane under the said Acts and was convicted
SOLÉ AGENTS IN
HONG KONG, CHINA & MANILLA.
A. S. WATSON & CO.LTD.
147
and fined £10 \” Bat his Lordship would not assume that that finding counluded the case in face of the argument on behalf of the Crown.
Mr. Atkin had referred to Begtion 28, kab. section 1 (6), of the Act of 1906, and had con- tended that this expense was caused to the
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FROM THE MIDDLE OF APRIL. IOTON," 117, The PELE, FIVE "B. BOOMS.
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L. N. LEEFE, Care of Jardine, Matheson & Co., Ltd [203 Longhong, 18th January, 1911.
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G Town.
THE HONGKONG LAND INVEST- MENT & AGENCY CO., LD.
116 Hongkong, 1st February, 1911
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No BEACONSFIELD ARCADE,
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:
12th Feb.Haiphong 10th Fab, Gonerul- Messagories Maritime.
TSINTAU, German str, 1,002, F. Bucking, 10th Feb-Bangkk. 29th Jan, via Anghin 2nd Feb., Rion Butterfield & Swire. TUNGUS, Norwegian str., 1.039. C. L. Halvorsen 4th FebruaryDalny 30th Jau., Besus- Hamburg-Amerika Linie,
WRAT CASTLE, British str., 2.717. Wm. Light- aller, 31st Jan.- New York, Kerosono "Oil Wunu. British str. 1,227, J. Meathrel, 2nd
Standard Oil Co
Feb-Chinkiang 29th Jaz., Groundnuts - Butterfield & Swire,
Tatshing, British str., 1,424, S. J. Payne,
Feb Wakamatsu 29th January, Coal- Jardino, Matheson & Co.
YINGCHOW, British str., 1,267. Frazier, 31st Jan. Amoy 30th Jau., Ballast-Butterfield & Swire.
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