Page
LOCAL SPORT,
RUGBY FOOTBALL.
1.K.P.C., ARMY.
THE HONGKONG DAILY PRESS, TURSDAY, JANUARY 21ST 1913.
THE OPIUM LIBEL ACTION AT SHANGHAI.
MIXED COURT JUDGMENT.
BAVID KARSOON AND CO., LTD., AND OTHERS 7. THE OWNER AND EDITON OF THE "CHINA REPUBLICAN." Judgment in the above case was given on Wednesday last in the Mixed Court as follows, by Mr. C. F. Garstin (British Assessor) and Magistrate Kwan:-
With regard to the plaintiffs' appline- tion for an injunction to restrain the further publication of similar libels, thore is the difficulty of framing an order that would not be too wide in its terms, and, moreover, there seems no good reason why we should hereafter have to decide the question of libel or no libel on an applica- tion to commit for contempt. We can, therefore, make no such order.
THE NEW RAILWAY. IN KWANGTUNG.
LORD ROBERTS' MESSAGE.
TO THE YOUNG MEN OF ENGLAND.
Lord Roberts' Message to the Nation" is now obtainable in book form, price sixpence. It consists of an introduction and of recent speeches and letters which together drive home the argent warning which Lord Roberts has again and again given in vain to British Ministers and which he now addresses to the people themselves that they may judge his cause. He points out once inure the incontest-
will have six months' training after war able facts that the Territorial Force is a failure and that the idea that the force
entirely fantastic. He writes in his in- as has been shown by all recent wars,
troduction:
The railway, built by Chinese engineers, and financed by the Chinese themselves, which will join Pak Kaai, the great port on one of the largest branches of the Canton river, to Hongkong by river steamer, has pushed its way some tens of This fixture on Saturday provided ong
milea further towards completion, and it of the finest games that have been wit
is now opened for traffic as far as the city of Kongmun, which is only three nessed on the Club ground for many
miles from Pak Kaai. A correspondent It must COMMENT BY THE "CHINA REPUBLICAN." years, there being hardly a dull moment from start to finish. The Club eventually
Commenting in a leading article on the of the VC. Daily News says: omerged winners by 19 points to 10, but a much smaller margin would have repre
This is a case in which one company, judgment, the China Republican says:-be said that the way is rough, and the n lang reach of water, over which no mented the play, as it was a ling-dong eight firms and two individual trader's Although, therefore, the case has gone inconvenience is considerable to those who Bruggle, with first one side and then the join a plaintiffs to claim an injunction largely in our favour--the injunction travel. The new piece of line has to cross begins and before it goes into action is. 1
KOCB.
Consequently the passengers must other possessing the lead, and it was only restraining the defendant from further applied for having been almost entirely bridge can be built, at least so the report to devote precious time to vexatious all be taubled into a rough barge, be an eleventh hour revival by the Clab that publishing certain alleged libels which refused-and although we have no desire anatched a sensational victory from the appeared on various dates in his new lawsuits, yet our duty to the public and towed across the river. anil then board
paper the Chin Republican and any especially to Chinese residents in Foreign another train on the other side. similar libels affecting the plaintiffs "in Settlements forbids that we should hold though one takes a first-class ticket, one our peace under the circumstances. We is not free from considerable annoyaner. their trade."
The law of defamation does not occupy therefore protest against the judgment on The train in which I travelled was a prominent place in the Chinese Code the ground that it is based rather upon boarded by about twenty soldiers, who at in which before the Revolution the only British than Chinese law, which latter once took possession of the only first-classi provisions touching on this subject were alone should govern the decisions of the carriage, and filled the air with atrocious mostly framed to suit a state of society
test is against a Chinese subject being are said to be essential to the safety which is now passing away. The edition Mixed Court. In other words, our pro smoke, and Chinese oaths. These soldiers Rouse, however, saved theof the Code published in the first year of dealt with under the laws of the foreign the train, for the brigands and pirates situation by responding with a dropped Hsuan Tung retains some vaguely worded plaintiffs instead of by the laws of his will assuredly attack the passengers, and provisions by which scurrility is punished country. We further protest against hence of the two evils those who travel goal shortly after, which left the Armyby a fine proportionate to the rank of the judgment as delivered being according must accept the former, and pay for the
the person defamed and the nearness of
Foreign Assessor belongs instead of being with a lead of 3 points at half-time..
The second half was even faster and his relationship to the offender. Seditious to the laws of the nation to which the privilege.” more exciting, Grayburn placing the Club libels and libels in the form of anonymous in strict accordance with those which a are also dealt with and are to be punished ahead with a fine iry after brushing aside accusations of crime whether true or not Chinese Magistrate is in duty bound to CHRISTIANITY IN
with great severity.
Provisional
Army by scoring 10 points in the last ten minutes. Playing with the sun in their face, the Club, though doing as much pressing, found themselves up against a points lead after 20 minutes' play, Bagnall dropping a good goal while Collins crossed after the Army threes had all handled.
all opposition, Sutherland converting. The Club now led by 2. points, but a second try by Collins shortly after made the score: 10 points to P in the Army's favour, and it looked as if they would
Since the Revolution 71
Criminal Code has been published by the Board of Justice containing the following "Those who in criticising matters of interest publicly insult others section: retain the advantage, until Chapman, shall, whether their statements be true or receiving at midfield, burst away and not, be punishable either by imprison- crossed over for Sutherland to convert.ment for a period not exceeding one year
dollars." A mis-kick from the re-start nearly let the by a fine not exceeding one hundred Amy in, but the Club recovered, and, as the result of a combined rush, Stark oventually secured and crossed for. Suther. land to again add the extra points. Time arrived shortly after, leaving the Club winners by 4 goals (19 pts) to one goal and 2 tries (10 pts.)
Although the Aring were unlucky to be beaten so heavily in score, the Club must certainly be congratulated on their fine victory when they had to turn out a weakened team. They now stand a very good chance of regaining the Cup, the positions being as follows:-
Played. Won. Lost. Points,
Club Navy Army
2
2
0
4
2
}
2
2
ດ
2
0
GOLF MATCH AT KÓW At Kowloon an interesting 9 acido golf match was played at the week-end between members of the US.R.C. and the Kow loon Cricket Club golf section. In order to make the match, as even as possible their ordinary competitors played on handicap and this somewhat helped the K.C.C. to win by two up. Scores:---
K.C.C. 1 G. H. May.
07.8.1.C.
Capt. Passey
B. "E. Lindsell
0
Lieut. Thompson... O
Lieut. Wilkinson.
R.N.
Comdr. Beckwith,
R.X.
C. N. M. Hamilton Ü
Lieut. Morgan
Ailan
Capt. Ralphy
}
O D. J. Mackenzie.
1 G. Dunoun.
S. E. Green.
1 W. Curwen.
iA: O. Brav
OR. L. Atkinson.
01. Mead.
R. E. Lindsell and
Lieut. Thompson ( Lt. Wilkinson and
Comdr. Beckwith. 1 C. X. M. Hamilton
and Lt. Morgan. 1 Dr. Dalmahoy Allan
arl Capt. Ralphs 6 Capt. Passey......
0
A. E. Crapneli.
F. J. Mackenzie
and G. Duncan. S. E. Green und W. Curwen..
A. O. Brawn and R. L. Atkinson.
J. Mend and
A. E. Crapnell. IG. 1. May
08
PHILIPPINE INDEPENDENCE.
Provisional Criminal Code 2nd Part 31st Paragraph 360th Edition).
certain
Consequently, owing to be guided by. the gravity of the principle involved, through the proper channels to rectify steps will, in the public interest, be taken what sums to us to be a dangerous pre- cedent susceptible of serious consequences.
PROSPECTS OF THE LOAN.
THE QUESTION OF INTEREST,
POSSIBLE RIVALS TO THE GROUP,
the 15th
In these enactments the subject off
The Peking correspondent of the defamation is regarded in its criminal
In the pre- Daily News telegraphed on aspect as disturbing or likely to disturb the peace of the community. sent case, however, the plaintiffs have inst chosen to proceed givilly against the defendants and to claim an injunction which can be issued only if damage is either proved or inferred by the Court from the defamatory nature of the words. it would seem that until quite recently a civil action for defamation was un- known to the Chinese Courts, but the Draft Civil Code issued by the Re publican authorities contains provisions under the heading in which the commmentary explains is included the protection of the reputation of individuals. Any persons, whose rights under these provisions are infringed may appeal to the Court to "remove the damage" and to award damages (Section 51.) Nothing unfortunately is said on such subjects as certainty as to the person defamed, libels on a class, and the limits of fair criticism. We are, nevertheless, called upon to consider them and to decide two questions:-"Is there sufficient certainty as to the persons referred to in the alleged libels to support this action ? If so, do the words complained of amount to a libel on the plaintiffs?
During the last few days the Chinese have shown unexpected opposition to several requirements of the Bextuple interest on the loan, which the bankers Group, and notably to that relating to desire to fix at five and a half per cent. offered quite recently two loans at five It now transpires that China has been per cent, one of £20,000,000 by Mr. Crisp Peking agent of a European group. lu and the second of £10,000,000 by the the present condition of the money mar ket it is difficult to take these proposals seriously, and the hope is expressed because of them the Chinese will not. be deluded into supposing that they can oltain better ternis elsewhere than they can from the Sextuple Group.
CHE
two
In view of the general rise in the value of money, which recently led to the bor- rowing at higher rates in the case of othee Governments, and the prospect of heavy requirements of the Baikan and other States, an increase of the rate of interest bonds are to be successfully offered to appears to be essential if the Chinese the public in Europe.
Even
of
KWANGTUNG.
A CHANGE OF ATTITUDE.
The Canton correspondent of the M.-C. Daily News writes:
We have recently paid a visit to some of the bigger places in the hinterland of Canton, and a few notes may not be unacceptable. First of all, one is struck with the very changed attitude of the people in regard to Christianity. One meets everywhere individual Christians, who come forth and show their colours, and ask the traveller whether he is a mer- chant or a missionary and, when they discover that he is the latter, at once confess their connection with the Chris- tian Church. Then it is not difficult to find native preachers who will preach on fod an attentive congregation. the passage boats, and less difficult still to there seems to be a spirit of brotherhood themselves, for they meet in each others growing up amongst the native Christians places of worship, and this is but opening of the overlapping, that has existed in up the way for further unity, when much the past, may be avoided.
SHANTUNG CHRISTIAN
UNIVERSITY.
Theo
The Council of the Shantung Christian University has held its annual meeting in Tsinaufu, in view of the fact that it is hoped that in the not distant future the University may be able to transfer the whole of its plant to that city. One of the most important decisions arrived at, reports a correspondent of the Daily News, was the recommendation, the missions concerned, that the native subject, of course, to confirmation from Christians elect an equal number of representatives on the Council and give them the same voting power. This pro- U.S. TRADE WITH THE FAR EAST.position, if acted on, will doubtless have
far-reaching results, but it is believed the decisions of the that it will tend to give stability and Council which will more than counter- effectiveness to balance any possible ill-effects.
A NEW CHINESE GUNBOAT.
FRENCH INDIA.
All
It is
It is for my fellow-countrymen to Judge between rue and those who, dur- ing these past few weeks, have willingly or unwillingly misinterpreted my pur pose or mis-stated my words. also for my countrymen to decide upon a far mightier issue; for in this self- governed, free, and democratic State of England it is for all its citizens to assert whether, in this matter of war and
unpreparedness for war, they shall face the facts, resolute to see things as they are, or whether they shall continue indifferent to the history of the past and obstinately blind to the warnings of the present, even to suck beacons as are now aflame on every hill from the Balkans to the Dardanelles!
"And I appeal above all to the young men of this nation, to our young men of every rank and social status, to the young men of every trade and profes sion and calling of any kind; for it is they who, in victory or in disaster. will have to meet the consequences of It is they, this tremendous decision. in a word, who now are England.
Young men, young men of British birth, is it possible that you can shirk the issue, that you can fail to hear, or that, hearing, you can fail to respond to your country's summons, to the memories of the past, to the hopes of the future?"
SHIPPING MISHAPS.
INTIMATIONS
3
BABY A SIGHT WITH SCALP TROUBLE
Spread Rapidly. Pain Was Great. Tried Cuticura Ointment and Soap.
In Short Time All Was Well and His Hair Grew Wonderfully.
"What the Cuticura Ointment and Bord dfd for our son was simply wonderful Seven weeks after his birth my wife was very ill
and had to go to the hos pital for some faw weeks. Consequently baby was banded over to the care of a person close by. Within a fow wooks thero appeared mattery wounds on the top of his head which rapidly spread to two large wounds. We honestly believe the person who had charge of baby did har utmost to care Hm, obtaining various ointments for the purpose, but to no good. It became much work and when my wife took him again he was a sight, peor little fellow, and the pain we could seo was great. It spread rapidly to the back of tho ests and appeared on the chicet. "Of course we concluded it would peces. ellate the calling of a doctor, but my wills dockied before doing so to try Cuticura Ointment and Soap for a few days. Bue started without delay cleansing the affected parts with a sponge and Cuticura Boop, using wart waler very frequently, then well apply- ing the Cuticura Ointment. In a couple of days the change was great, and in a very short time all was well, his hair grew won- derfully, and to look at him now it is hard to credit that be ever had such wounds. have great cause to be grateful to Cuticura Ointment and Soap." (Signed) Francia Un. derhill. 85, Pilton St., Barnstaple, Eng., July 17, 1911.
Bamples with 22.p. book from froga nestesi depot: F. Newbery & Bons, 27, Charterhouse Bq., London: R. Towns & Co., Sydney, N.&W. Teason, Ltd., Cape Town: Mullor, clean & Co., Calcuts and Bombay; Potter Drug & Chan. Cup., sole props., Boston, U. §. A.
06.16
Chs. J. Gaupp & Co.,
ALEXANDRA BUILDINGS.
The steam trawler Fukuhaku-maru Ne. I ran ashore off Quel part. Island, Within an hour her Southern Korea, on 6th instant at 3 a.. deck was awash, says the Nagasaki Press, during a storm. and the crew had to remain on the bridge by a fishing boat. The ressel was owned by the Fakuhaku Enyo Gyogyo Kajeha, until daylight, when they were rescued
of Hakata, and was insured by the Teikoku Kaijo for 170,000. It is stated that salvage operations will be extremely difficult.
The steamer Senin-muen, 4,535 tous, rocks off the Bunken struck 601376 Iwojima lighthouse on Tuesday night (7th instant) at leven o'clock, while at
She entered Nagasaki harbour. CHRONOMETER-MAKERS, tempting to avoid collision with fishing
WATCHMAKERS. boats.
will be in estimated at Y3,000, and repairs and as there was some danger of her sinking she was beached at Inasa with the assistance of steam launches. The damage effected by the Mitsit Bishi Dockyard. When the accident occurred the vessel was owned by Mr. Tatsuma, of Kobe, and wes bound from Dairen to Nagasaki. She is only recently purchased from foreign owners.
SPECIE SHIPMENT.
The P. and O. Company's 6.5. Marmort, which sailed from Londca on the 27th ult. took the following specie:-For Port Said, bar silver, £000; for Bombay, bar gold, #143,000; for Singapore, bar silver, £600 for Hongkong, coin silver, £38,100; for Shanghai, bar silver £50,000.-Total,
A CALCUTTA SWEEPSTAKE. The sweepstake in the Viceroy's Chip by Mr. Joe Ler, bookmaker, Lai Bazar,
Mr. Lee was charged with keeping an office for the purpose of a lottery un- authorised by the Government of India, also with publishing details of the sweep. Mr. Lee said to his certain knowledge sweepstakes had been promoted for the tast few years by the Calcutta Turf Club. numerous other people, including & Caleutta Masonic Club, Tollygunge Club, and
On the subject of certainty we have been referred by the plaintiffs to the English case of "Le Fanu . Malcolmson," where it was held that though the libellous words prima facie referred to a large and indefinite class such as Some Irish While for the nine months of the factories." yet if the plaintiffs could
calendar year ending September there has prove to the satisfaction of the jury s they did that the words were directed been a slight decline as compared with against their Grm and were understood | 1911 of both exports to and imports from by persons cognizant of the surrounding China, the total export trade of the circumstances to be so directed, then & United States to Asia shows an increase judgment in their favour founded on the of $20,500,000, and the imports have The most notable
The Yinshao, 530 tons, the Chinese gun-823$1,560. verdict of the jury could not be set aside
increased $9,700,000.
formally on the ground that the plaintiffs were not
increase in exports is in the trade with boat which has been constructed at the pointed at with sufficient certainty.
In the case before us we are asked, Japan. For the nine months ending with Kawasaki Dock Yard, was having regard to the context and to the September of last year they amounted to banded over to the Chinese Naval Autho
$27,776,230, while for the present year rities at Kobe, on January 7th. were
The imports for prominent Chinese residents were invited circumstances under which they
they are $41,157,391, published to say that such general words the same period have increased from to a luncheon on board the gunboat, which The fact was to weigh anchor on the 9th instant, opium and as the opium traffickers
$56,000,000 to $53,000,000. merchants
refer nut to one firm, but to should also be noted that there has been and, after shipping ammunition at Kure. Calcutta, was stopped by the police and eight firms, company, and individual traders; in other words, that an increase of nearly $4,000,000 in exports to sail for Shanghai.
was in cotton though these words might prima facie to the Philippine Islands, and that of refer to an indefinite class, they do in these exports 83,709,245 fact refer to a small and definite class, cloths. As a matter of fact, the export of cotton piece goods to the Philippines of which the plaintiffs are the members.
We have had some difficulty in deciding was in value only a little less than that this question, which belongs to an order exported to China for the nine months, of ideas with which Chinese law is quite and in quantity about 1,000,000 yards still exceptionally unfavourable for a Mr. W. Cameron Forbes, Governor of unfamiliar, and with regard to which more. Of course, conditions in China are the Philippine Islands, interviewed by a English law is necessarily somewhat
for the free movement of foreign goods in Tokyo last week, said that he was not is not quite analogous to the present one, representative of the Japan Advertiser vague. The case quoted by the plaintifs considerable development of trade, and disposed to regard Dr. Woodrow Wilson's but, on considering the principle which into the interior: but it is highly siguifi- declaration in favour of the independence it established, we have agreed that the cant of the process of civilisation that is of the Philippines as very new, since it newspaper paragraphs complained of going on with increased rapidity in the point at the plaintiffs with suficient Philippine Islands, that the demand of did not commit the President-elect to any
the natives for clothing materials should thing more than he said in his speech of certainty to enable them to sue. acceptance, Probably the remark made
of the American Asiatic Association. The next question that arises for decibe so obviously a growing one-Journal Dr. Wilson was merely a tentative insion is that of libel or na libel. dication of his political sympathies. As we have already said, there can be which did not necessarily commit the new administration to specific action at any injunction unless damage is either proved or inferred from the nature of 'particular tine.
Mr. Forbes freely admitted that virtual. the words used. The form of the plead- ly the unanimous desire of all intelligentings indicates that the damage to the Filipinos was for independence at as partners of the firing and the others is early a date as possible, and with this as in issue only so far as the business which piration no genuine American would they carry on is affected or likely to be quarre, It was a perfectly natural and affected. Bearing this is mind we hold legitimate aspiration the absence of which that the extracts from the Chine Re- would not redound to the credit of the publicam set forth in paragraphs, 4, 6, 8, But the Filipino wish was for and 10 of the plaintiff petition, people. independence along peaceful lines and through the gift of the U
United States. "What," was asked,
by
VIEWS OF THE GOVERNOR,
though they contain words that might be Ireld to be damaging to the personal
is your own idea reputation of any individual to whom
of the feasibility or otherwise of satisfy they were applied, are per r damaging
this wish at an early date!
to the company, the firms, and the two
the only safe way to achieve the develop-
defendant.
10po
The French Chamber last month dis. cussed the colonial estimates. M. Biolette, the reporter, alluded to the exchange of tain and France in India. M. Bluysen, email tracts of land between Great Bri- opposing the exchange, protested against deputy for French India, although not the idea of giving up territory which still held many memories of Dupleix. M. which would entail no political draw Violette urged ratification of the exchange, backs, while great seonomic and adminis
from it. trative advantages were expected to result
ing I think," replied the Governor, that individual traders as such; and that no ment of the islands is along gradual lines, special damage has been proved, judg giving the people increased participationnent, so far as these particular extracts In their own affairs from time to time are concerned, must be given for the "Wanted as they show themselves worthy of the
But the extract headed sudden any same. On the other hand,
would be most unfortunate, for the Accounts," which is set forth in para- petition, moment is not yet ripe for any great graph 5 of the plaintiffs
Odol Is not only more that being liquid it penetrates every- One feels change in the situation. In the best in insinuates that the plaintiffs have ex- terests therefore of the Filipinos them- pended large sums of money in bribing selves, it is to be hoped that any step the Press to champion the interests of agreeable and refreshing to use than where, not as tooth soaps and powders,
any known tooth preparation, it is also merely brushing the surface.
directly after use that it is doing which is taken will be cautions and gra- their trade. No attempt was made to
more efficacious. Its antiseptic and re-
wonders for the month, and the anti- revolutionary justify this insinuation, which we think not of 2 dual and
freshing properties are unique, it is a character,'
plaintiffs as traders.
deodoriser and perfectly, innocuous to the septic effects last for hours after appli plantarly be held to be libellous on the
most sensitive mouth. Don't forget also cation.
Of all Chemists and Stores.
It may be noted that the chairman of the Committee of Insular Affairs bas already dratted a Bill which proposes to grant the islands a qualified independence under a President appointed by the United States and probably an American.
the
We order the defendant not to republish words complained of beginning Wanted Accounts" and ending "their
cnergy."
[104-18
bookmaker. He naturally
form. The magistrate said it did rt could. He admitted he had been warned, thought if they could run sweepstakes he
Mr. Lee said he held at least a but thought the warning was a matter of sweepstakes. It was not relevant to that matter if fifty people had promoted
connection with the sweep and the public case. might think Government had taken action because fraud was imputed to him. lakh of rupees of public money taken in
Counsel said no fraud was imputed. Action was taken because the sweep was illegal. The magistrate imposed a fine of Ra. 100. Mr. Le asked for the return of the papers seized by the police, as without them he could not return to the public their money less expenses. He was advised to confer with the commissioner of police.
LONDON SCHOOL OF TROPICAL
MEDICINE..
Mr. Austen Chamberlain has received £48,000 towards the £100,000 which he is raising for the London School of Tropical Medicine. He has been elected a Vice- President of the Corporation of the Sea- men's Hospital, to which the school is Mr. Chamberlain has also attached. received £500 from the British India Steam Navigation Co.
New York ladies, we read, are wearing watches on shoe buckles.
MALACCA RUBBER PLANTATIONS.-An in-| terim dividend for 1912 on all Ordinary and Preference shares at the rate of 53. per share, free of tax, was to be paid or In January last 3s. per January 20. share was paid.
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STUDY
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41
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