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SUPREME COURT.
THE HONGKONG DAILY PRESS, THURSDAY, JANUARY 29TH, 1914.
Wednesday, January 28th.
IN APPELLATE JURISDICTION.
A BEFORE THE CHIEF JUSTICE, S12 WM REES.
DAVIES, K.C., AND MR. H. H GOMPERTZ (PUIŠNE JUDGE),
12 NERD FOR CONDENSED ARGUMENT.
The hearing of the action was resumed th which Sir Francis Piggott, along withTM Mr. Alebaster (instructed by Mr. W. B. Hind and Mr. G. K. Hall Brutton), made application for a writ of Habeas Cornus, arising out of the Magistrate's decision in connection with, the trial of Chung Sau Nam on a charge of misappropriat ing B150,000, the monies of the Govern- ment of Kwangtung. The application was apposed for the Crown by Mr. E. H. Sharp, K. C., Mr. Eldon Potter, and Mr. F. C. Jenkin (instructed by Mr. R. F C. Master, of Mesara, Johnson, Stokes & Master),
In opening, Sir Francis Piggott referred to an affidavit, which at the close of the previous day's hearing his learned friend said he had filed in order to meet, bis (Bir. Francis) wishes with regard to the bridemen-the necessity of the evidence
ofa Chinese official on martial law. 1 think," added Counsel, that he "must have been, if I might say, indulging in a little unconscious humour, because be has put it before the Court as if I required Chinese evidence on this ques- tion of martial law." That affidavit, be said, dealt with entirely different matter altogether.
The Chief Justice asked if it would not be better to postpone that, and conclude the argument.
Sir Francis said he was bound to refer
le tho point, if their Lordships would excuso huu.
The Chief Justice-I want to finish this case, Sir Francis. It is getting very serious now.
Sir Francis Piggott-I also feel and agree that it is getting serious, but your Lordships will, I think, agree that I bave a very serious duty to perform. I would spare the Court as much trouble as I could, but I am bound not to let the least point slip. This bas been put in and it ought to be referred to. I must ask the Court to refer to it, because it has nothing whatever to do with martial law. He auded that it also dealt with what as ho had submitted to the Court, was one of the weak points of the case for the Crown; the absence of any charge under Chinese Law. Therefore, that clearly did not come within their Lordships desire to hear evidence on martial law. Martial law was, accord ing to their Lordships' decision on 20 certain point, an extraneous fact an which they would receive evidence. But the affidavit which had been put in was not confined to the question of martial law; it dealt with an absolutely different point to that which was being argued before the Court. He could not under- atand that sort of evidence patching up. the weak points of the Crown's case, The quesion was one which was vital to that case, it could not be propped up by affidavit, and he was of the opinion that it was one which should have been put before the Magistrate.
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SHIPPING NOTES.
Sir John Luscombe has been elected Chairman of Lloyd's for the present year. This is his lista term of office.
The Shaw Hsing Steamship Company. Newchwang, at the recent Directors meeting decided to purchase another stomer from abroads in order to place her on the Newchwang-Shantong service. We see it announced in a Home puper foreign ships carrying goods - or pussen- gers bound for a part of France or of her cùlenies and protectorates are torbe, cleared in French Cungulates on and after
1L NEW OTAN,
BUILDING Jnuary 1st, 1914. This arrangement is
CEMENT
Apply to ISOFFIETTI & Co., 14, Des Voux Road Central, 1st Floor. Telephone, 289.
of
1049-1
i
НЕ
BANKS
131
الله الله
HONGKONG SAVINGS BANK, THE Business of the above Bank is con
ducted, by the HONGKONG AND SHANGHAI BANKING CORPORATION. Rules may be obtained on application..
INTEREST on deposita is allowed on the Minimum Monthly Balances at 9 par cent. Per nonum
Depositors may transfer at their option balances of $100 or more to the HovaRONG AND SHANGHAI BANK to be placed on FIXED DEPOSIT at 4 per cent. per annum.
For the HoNoxone and Shanghai
BANKING CORPORATION,
N. J. STABB,
Chief Manager."
[16
Hongkong, 1st July, 1911.
HANDELSBANK.
The Norwegian steamer Dup, 1080 NEDERLANDSCH-INDISCH tons gross. Capt. P. Silvesen, has been { purchased by the Chingket & Co., Chefoo, I and re-christened the Teles. Her future- | officers are to be Japanese, as in the case of the Company's sterower Foler, The Dagny was built in 1882 by Messrs. H, Melatyre & Co., Paisley.
***
(NETHERLANDS INDIA COMMERCIAL BANK.)
ESTABLISHED 1889.
Authorised Capital FI. 30,000,000 (£2,500,000) Paid-up Capital... Fl. 17.407,000 (21,450,688) Reserve Fund... FI. 6,518,000 (£643,160)
→
HEAD OFFICE: AMSTERDAM. HEAD AGENCY: BATAVIA
LONDON BANKERS:
THE WILLIAMS DEACONS BANK.
SW188 BANKVEREIN.„
Additional bedicions, with bathi-rcom earlier they would have been able to get fornis of larceny to show that it was not and lavatory accommodation, are being all their affidavits earlier. They had simple larceny. It was one of the fitted in the ten steamers of the M been very busy up in Canton. He subessentials of simple larceny that the class of the Peninsular and Oriental mitted that the Magistrate never had things stolen had been taken invita Company which are employer service evidence of Chinese Law on extradition ioman. They also had to prove that he It is further intended, beginning with
Australian mail and passenger cases. That had been the practice in both received the money from the present the departure of the Maloja from Banking and Exchange business, receives The Bank transacts every description of Courts. It had been held that such a Government of China in whose service he Tilbury on April 3rd next, to add Tangier money on Current Account and on Fixed proceeding was unnecessary. It had been was.It was perfectly certain he was not. Australian steamers outward and home-on application.
to the itinerary of the company's Deposit at rates, which may be ascortzined merely a practice; he did not know if it He was in the service of the temporary ward. had been a rule. Mr. Slade said that form of Government. It did not matter
G. VERMEY, Manager, No. 8, Des Vosur Road Central.. there had been an absolute ruling that in the least, for the purpose of that
A Dow twin-screw steamer named Hongkong, Srd October, 1913... [21- they should not do so, but the case was argument, whether the property was or
Carnarvonshire, which Messrs. Workman, not reported.
Clark & Co. have been constructing for was not vested in the present Government the Royal Mail Steam Packet Company, by virtue of succession. Service was not was recently launched from their yard like property. Property went from one at Belfast. A finely modelled twin-screw to the other by succession possibly, but not Carnarvonshire is fitted with all the vessel of 9.400 ·ETUSS register, the so service, When Chan Kwing-ning's latest appliances for this important Government came to an end Chung. Sau trading route. She is a sister ship to the Nam's service also came to au
Royal Mail Steam Packet Cardiganshire. About the middle of March she will teke Speaking to Albaster asked their Lordships to remem- Japan, and North Pacific service.
the second charge, Mr.up her position in the Straits, China. Reservo Liability of Proprietors €1,200,000 her that cheques were not mone-
FOREIGN EXCHANGE and General they
reports A Copenhagen "dispatch were valuable securities, The Crown said snecessful trial trip of the new motor
aBanking business transacted. the prisoner embezzled them at Canton, liner Finn, built by Burmeister & FIXED DEPOSIT received for 1 year or CURRENT ACCOUNTS opened Bud Wain's shipyard. for the East Asiatic shorter periods at rates which will be quote-1
The Monia has the largest en application. Company. horst-power motors in the world, namely, 4,000, and has a speed of 14 to 15 knots. The motors are on the four-cycle system. to which Burmeister & Wain adhere, the more so as they obtained splendid results, with these already sailt.
The Paisne Judge-You will argus course that it is unnecessary?
Mr. Sharp-1 shall argue that it is against established practice, and that, in accordance with the terras of the Ordin aneo, it is unnecessary to deal with Chinese Law.
Sir Francis remarked that nothing which he had said was inconsistent with He argued. The motion what he had said before.
handled he
an order and
end.
two
round Cape Horn of 12 days and 10,000
raites without a single stoppage of her. The motors,
THE, CHARTERED BANK OF INDIA,
AUSTRALIA AND CHINA.
INCORPORATED BY Royal ChaNTER, 1858. HEAD OFFICE-LONDON-
Paid-up Capital...
Reserve Fal
£1,200,000 €1,700,000
A. S. DEWETT,
Acting Manager.
Hongkong. 14th April, 1918.
THE
[1494
SPECIE BANK,
LIMITED.
Authorised Capital' ... Ten 48,000,000 Paid-up Capital... Reserve Fund
Mr Sharp said he was afraid that! there would be more differences of view, for which he was sorry. which had been referred to, he said, was that there was no proof of Chinese Law not imagination. He would not argne applicable to the evidence on a specific the point of martial law, as that had charge made under Chinese Law. The yet they knew he did not. On the evidence, PASSED THE CANAL.
already been decided by their Lordships. whole of his argument on the previons Mr. Sharp quoted Mr. Justice Darling's day was as to the necessity of a specific cheques, also two drafts, but no money. December 19th-Macedoma, Perića. December 23rd-Arreur, Kasama, Deike decision in regard to new evidence given charge being made under Chinese Law; The Crown did not allege that the suras Rickmers.
by affidavit in an Habeas Corpus applica but no such charge had been made. of money were the proceeds of the two
For December 30th-Benvenue,
Meinam, tion, and also a remark by Sir Francis The order of the Tutuh, whatever it may cheques which they alleged in the evidence
The received in Canton. Mr. Alabas- instance, the motor vessel Stews, recently Nubin, Saxonia, Tydens, Wakasa Maru. Piggott. which, said Mr. Sharp, showed; have been worth, did not disclose anyter said that the drawing up of he charges finished a trip from Antwerp to Chili "WOKOHAMA
January 2nd-Cardiganskire, Sambia,
that special evidence of Chinese Law offence against Chinese Law, and that shewed a want of precision. The word January 6th Bohemia, Konang S, could be put in by affidavit on Hubtes point could not be supplemented. If an
Compus proceedings. Spezia, Stentur, Sunda, Demodocus.
And according to affidavit on that point was admissible, it unlawful had not been used. January 9th-Volentia..
Mr. Potter's note, Sir Francis had sup should have been introduced a long time draughtsman was either too ingenious for January 13th-Benlomond, Denbigh plemented that by saying that is outside ago. He agreed that. Mr. Slade did refer him, or he was careless, for he had not to something which he thought was even stated where the crime was con-
Д
HEAD OFFICE-YOKOHAMA. shire Derflinger, Fumaeus, Glenlochy, the mere question of fact," Indien, Nile, Segovia,
The Chief Justice-Supposing this is deciding case, but no reference was overmitted in the charge of embezzlement, additions to their Japan Manchuria
Branches and Agencies at in the other Europe regular steamer service, just Antung-Hsin January
Liao-Yung Ryojun 16th-Agamemnon, Athell, so, what do you propose to do. This case given to it, and they could not trust to though he had done so
Calcutta inaugurated with the .. Tokushima Austria, Brasilia, Muncaster
charges. It was a very peculiar form of Maru. Our contemporary learns that the
(Port Arthur) Castle,
Bombay has been going on for a considerable time, memory like that. Princess Alice, Katori Maru, Nera.
Mr. Alabaster addressed their Lord-charge. The Crown had treated the first Company contemplates to place thereon in and now at this stage you are going to January 16th-Sachsen.
tiffn
Dairen (Doluy). adjournment, part of the charge as a mere recital, and course of time, a fleet of 12 steamers, of pile up your case with further evidence, ships after the The afidavit should have been filed at on points of
which 6 vessels of 7,500 tons class have The as they knew. that was not enough. Law.
|been ordered, some from abroad and he said, merely acted constituting the charges the Crown had others from the Mitsu Bishi Shipbuilding January 23rd-Nippon, Polynesien, the beginning of the hearing. It is per prisoner, Scondia, Altmark, Indra.
fectly new matter, and we are half-way, according to the instructions on the actually not used the words of the Yard and the Kawasaki Dockyard Co. through with the hearing.
They had used. "remit" cheques, to negotiate them. He cashed Ordinance, the cheques, and then he was charged which was possibly, more appropriate with stealing them. He was not charged becalls it was not criminal. with stealing the money. If those cheques were not handed to Chung Sau Nam
Junuary 20th-Ambria, Calchas, Istriz,
Perseus, Sardinia,
January 27th-Benalder, Glenlogan, Kleist, Malta, Myrmidon, First Below. Patricia.
ARRIVALS AT HOME.
January 27th--Culchat, Polynesien, Princess Alier, Sambia.
報新外中港香
BUNG-NG_O I SAY
(Chinese Daily Press);
PUBLISHED DAILY
Commen
In
Our Daluy contemporary says it is an open secret that the Nippon Yusen Kaisha intends to make important
We take the following interesting extract from the Mucur daily. Now
The majority of some twenty vessels recently relieved of charter by the Mitsui Bussan Kaisha have already found new charters on reasonable terms... This
Mr Sharp said the point could not be finally decided. They had been placed in little difficulty because the case had been taken five days earlier than had been arranged. They had made no objection for the purpose of negotiating them, foring to Chambers, the Chief Justice refutes in part the pessimistic view held i
At this point the hearing was further adjourned, the Judges and Counsel retir
intimating that he would like to discuss to Sir Francis putting in affidavits right what purpose where they handed to him? through his argument on the last motion. On that point the Crown had not given with Counsel the time which would still They gave him absolute freedom up to any evidence whatever. They had tried be occupied in the hearing of the motion the end of tho argument, and at the to suggest in the last charge that the
"WORTHY OF THE WEST END,”
by some people that the abnormal indation
20beginning of his (Mr. Sharp's). "Mr.; cheques were handed to him for the purpose Slade, who first had charge of the case of sending to Nanking. But there was no was of the opinion that no such affidavits evidence whatever on that point. There I were required. That Court had never fore, the first thing he would have to do taken evidence of Chinese Law in extra was to negotiate the cheques. The Crown dition cases.
had charged him with stealing the cheques, THE IDOL'S EYE but steadily supplanting the Norwegian
Is the oldest and still immeasurably the best Advertising medium among the Native Community."
Established for over FIFTY YEARS Circulates largely throughout Southern Chins Indo-Chine etz
Terms for Advertising (Translation free, ean be obtained at the Office, 10A, Des Voeux Road Contral, Hongkong, 131, Fleet Street, London, or from the different Agents.
Documents trazhited from or into Classical or Colloquial Chices,
The Chief Justice-My point is that the evidence should have been tendered when that case was before the Magistrate.
Mr. Sharp added that, as a matter of fact, if the case had not be taken five days
but their eyes were on the money, and he was not charged with simple larceny.
The Chief Justice-Then what is it? Mr. Alabaster added that it was for the Crown to say what he was charged with; Lut bo would try and exhaust known
CITY HALL.
FEBRUARY 12TH, 13TH AND 14TH.
Hongkong, 26th January, 1914. :
[214
Changchun
Loudon
30,000,000 18,550,000
San Francisco
Los Angeles Shanghai Lyons Tickling Fengtion (Mukden) Nagasaki Tionisio Hankow
Nichwang Tokyo Harbin
New York Honolulu Kobe
Osaka
Paking
INTEREST ALLOWED ON CURRENT ACCOUNTS. Deposits rencived for fixed periods at rates to be obtained on application
EISHI ONO, Manager. Hongknug. 30th September, 1913. [464
MERCANTILE BANK OF
INDIA, LIMITED.
Authorised Capital Bubscribed.
Paid-up
R. Berre Fund
BANKERS: BANK OF ENGLAND,
€1,500,000" 1,125,000
302,500.
-175,000
of the shipping traffic baving Dairen for set-back. Furthermore, fleet of the base of operation is bound to have a HE Japanese trump steamers on long term charters is engaged in an ocean going service, including 10 vessels in America, in Australia, in Java. 5 in Indian waters, etc., all competing at an advant- age with foreign vessals. So far as coasting trade in Oriental waters. is con- cerned, the Japanese steamers are slowly
vessels, which have remained masters of the situation sines the late war. Already a good pumber of Norwegian steamers INTEREST allowed on Current Account have quit the Orient to seek more luera- at 2 per cent. per annum on Daily Balance tive employment elsewhere. It is also and on Fixed Deposits at rates which may noteworthy that Japanese tramp steamers be ascertained on application, have begun to be in request for charter
A. R. LINTON, by foreign and Chinese merchants at Shanghai, Hongkong, etc."
and
LONDON JOINT STOCK BANE, LIMITED,
Manager.
Hongkong, 14th July, 1913,
[788