THE TIGER PHOTOGRAPH
CASE.
MACISTRATE'S DECISION.
DEFENDANT - DISCHARGED
THE HONGKONG DAILY PRESS, WEDNESDAY, APRIL 7, 1915.
AT THE MAGISTRACY.
The meaning of the word "fraud " varies widely with the context. Here it stems akin to that assigned to the words
AN OBLIGING THIEF. "intent to defrand" in the Merchandise. Mark. Ordinance 1800, sectim, sub- Prosecuting a Chinese who was charged Mr. J. R. Wood gave his decision at the section 1 The subject matter of both fore Mr. F. A. Hazeland as the Police Court, Hongkong, yesterday after-provisions is similar character.
Magistracy yesterday with the laroony noon in the proceedings taken by Mee "Intent to defraud” is held there to
of clothing and shoes, Inspector Gerrard Cheung, photographer, of Bosconeficia nisan "as intent to induce the purchaser said that the defendant was net on the Arcade, against Cho Chicong, a partner to take something which he does not know ipe Road by Constable Fallon, who in the Great Eastern Photographic he is taking," (in Starey . Chilworth stopped him, and asked him where he Studio, Des Vaux Ros), for fraudulently Gunpowder Co., 24 QB.D. 90.) Nod obtained the article ho nas carry
ing. The man then admitted that hop
tiger killed reembly in the New Torri. to have been committed. In a leading
tory, such prints bearing the name of the defendant's firm which did not, in fact, make then. The charge was laid under the Fine Arts Copyrights Ordinance, 1001, section 8, which is as follows:-
THE SACRIFICE OF WAR.
STRIKING SERMON AT UNION
CHURCH
Preaching at the Union Church on Sunday morning, the Rev. J. Kirk Maconachie, speaking of Eastertide, said that the present one fell under circum- stances in which its message stands out against a darkness which will never be obliterated from this memory of the youngest The " Reaper whose name iş
selling two photographic prints of the "fraud" of this character is here allegou had stolen the goods, and volunteered to Death" has been gathering a vast har case on the law relating to conspiracy, the constable to the places from (R. v. Welletts and others, 70 J. P. 127) which they were stolen. The constable a conspiracy to make pirated music for
accordingly went, and the owners were salo was held by the Canon Sarjeant
found. Defendant was sont to prison to be distinct from a conspiracy to
for two months. dofraud. The offence was indictable as a conspiracy to causo civil injury. An
8 (1). No person shall do or cause to be done any or either of the follow- ing nots Fraudulently sell...aly......... photograph...having thereon the name infringement of copyright is rather a
*
person who did Di exceute, such
not make endeavour to damage a person's property work. (3) Every offender under this section shall forfeit than to deprive him of it. The wrong to the person aggrieved a sum not exered alleged is more closely analagens to ing $100 or not exceeding double the full
"malicious " price, if any, which all such copies
than to "fraudulent" ...has been sold. '
crimes.
His Worship, in delivering judgment, said: The defendant is a partner in the Groat Eastern Photographic Studio. Another partner in the same firm, Lo Kam-lio, pirated copyright photograph, of which the complainant holds the copy- right, and sold the two copies oo alleged. The copies sold, on the cards on which the prints were mounted, bore the ammo of the defendant's firm.
I am therefore led to decide that "fraudulent" in this section cannot be made to include an infringement of copyright. The wrong for which the com- plainant is requesting a remedy is not of a "fraudulent" nature.
The
The third submission that the present proceedings are of a civil, and not criminal character, conflicts directly with an authoritativo. decision, Mr. Shenton, for the complainant, has question was raised with reference to made three submissions, each one of which proceedings under the corresponding is essential to his case. He has main-enactment in the English Statutes: ""The tained (a) that the photographs sold Fine Arts Copyright Act 1862, section bore the name of a person (the defend-7." In In re ex-parte Graves" (16 W. ant's firm), who did not in fact make R. 093) it was held by Wood, L.J., that them; and (b) that the sale involved The scope and purpose of the Act was Irand on the complainant; and (c) that throughout to make what was prohibited these prookings, being of a civil and an offence, upon the commission of which uot of a criminal character, dofumulant is conviction was to follow; and indepen- Fable on the present summons to the legal was by no means a measure of the damage dently of the penalty recoverable, which consequences of the fet of his partner. sustained by the person injured, he was In case then proceedings should be later at liberty to receive damage." This is tă subject of appeal, it is desirable to defendant cannot be held liable for the therefore a criminal prosecution, and the deal with all these submissions.
net of his partner, of which he is not cognisant. The defendant is discharged. The law has provided a remedy for the wrong suffered by the complainant but that remedy is not under this section, and must be sought chewhere than in this court.
With regard to the first submission, the defendant's firm clearly in the manual sence of the word, did "make"
the copies sold. But it is contended that this section of the ordinance is designed solely for the protection of copyright, and that therefore the word "make
in the sention must be given a meaning. cor. relatîro to that given to the term "author" of a photographic copyright in section 91 of the Copyright Act of 1911, by which the "author" is the owner of the ori- ginal negative from which a photograph is directly or indirectly derived."' It would follow that in the legal terminology a photograph can only bo "made ” by the holder of the copyright, ie, the owner of the original negative. Under this limitation the copies of the tiger photo graph, which have been sold, will have been "made" by the complainant firm only, and not at all by the defendant's firm. They will
them "the
ul
ניס
name
# per-
(granting here that the uae on the cards is the name of a person) who did not make them. It does-not, how evor, seem to me right to limit the mean. ing of the word "maka" in this way in its present context, The language of the scotion enn be traced back to the year 1962, and should not (without express diree tion) be interpreted in a narrow sense in order to be in accord with a provision which came into existence for this Colony in July, 3912. Further, the operation of
complainant) thereupon told his Worship Mr. Shenton (who appeared for the that there would be other proceedings. He asked that n namber of books, etc. which had been put in as exhibits should of the Court be retained for eight days in the custody
Mr. Crow (for the defence) asked for the liberation of a current account book, and to both applications his Worship
usted
SHIPPING NOTES.
A TIMELY ARREST.
INTIMATIONS
LANE ORAWFORD&Co.
(ESTABLISHED 1950.)
TELEPHONE 1741)
SHIPS UPHOLSTERERS.
SOLE AGENTS FOR
vest, and one out of due season. The lives SHIPCHANDLERY DEPT. of the young, the strong and the capable
which it stuns us to think of. In Europe, are being laid down with a prodigality
DECK AND ENGINE STORES. hundreds of thousands of homes have
PAINTS, OILS, CANVAS, SAIL OLOTH, ETC. be bereft, and distant though we are here, some whose facts we have known as A Chinese who was charged with the fellow-worshipper in this church have larceny of $175 in money and a watch giver for their country that "last full Inspector Kerr told the Magistrate that not grudge, but which no cause un 10- was sentenced to six months' hard labour. measure of devotion which brave men do
dalondant was left in charge of the concept without the utmost compunction and plainant's shop in Hollywood Road sore wrenching of the heart." One is not during the latter's absence. employer returned he found that the pose is this waste! We are poor jud- When the by way of demanding To what pur- defendant hall disappeared. The police ges of what is or is not waste, and in the arrested as he was entraining for Canton.in comparison with which no man has wer informed, and the defendant was present conflict there are issues at stake He had in his possession a duplicate safe key and a partly-finished key Sentemes of six months' imprisonment was passed.
;
right to count his life dear. The an clent pagans knew that to a true man it was sweet and pleasant to die for his coun- try, and Christians are not behind them,
THE ROYAL ENGINEER AT especially when our country's cause is
THE FRONT.
also that of human liberty and justior. But Christiquity does set a new value, upon every human creature, and this appalling expenditure of life is a calami- ty we cannot regard with etoic indif
The following extracts from a racy letter supplies & vivid picture of the life
at the front:- "Fit and well
to keep very quiet by day, which is still wet. At present wo have bethink ourselves that the Creator did place is a bike shop, all blown to Near my
not produce life that it might be pre- pieces. It looks very forlorn-ruined maturely spilt, and that the nations of remains of gandy French posters. It re-
bikes and the walls all covered with the earth must have gone far astray, see- minds me of 11. G. Wells' book, "War in ing that the only way out of the pass the Air," and "Bert Smallways, Thoro they had arrived at is a path of blood is something very andignified about and devastation. If the world realises bikes in war. There is no roof to this in a degree which will lead it to rather damp at present, my liouso, owing to shell fire, so it is
We had an avoid past errors, then even the tor- anxious moment this morning, as we thought the Germans were going to shell,
rible pries now being exacted will not but they contented themselves with send have been too high. After all, it is pos- ing threo and then stopped. I believe wesible, not to overvalue life, but to value it go into trench to-night. The trenches are in front. horribly wet and we are digging new ones One can see the Germans baling water out of thoirs all day long.
LATER.
of an R. E. olin spite of weather, lerence. Wo do well to sorrow for it, to
on a wrong basis and for the wrong dings. Perhaps it needed this stern call
supreme effert and sacrifice
A POINT IN CHINESE FINANCE,
BAXTER & Co.'s (DUNDEE) CANVAS. GOUROOK ROPE WORK Co.'s (PORT GLASGOW)
CANVAS.
CHAS. PRICE & Co.'s (LONDON) ENGINE OIL. THE VALVOLINE OIL Co. VALENTINE'S VALSPAR VARNISH.
THE "STAR" FIRE EXTINGUISHER.
PROTECTIC IS BEST OBTAINED BY EMPLOYING UP-TO-DATE APPLIANCES.J
AS THE CHEMICAL USED IS NOT A LIQUID BUT A DRY POWDER, THERE IS NO DAMAGE TO FURNITUREĮ
OR OTHER ARTICLES.
LANE, CRAWFORD & CO.
THEATRE
ROYAL.
A. PHILLIPS,
[22
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BOOKING AT MOUTRIE'S.
AUCTION
OF
ANTIQUE CHINA AND CURIOS.
1469
We are now back in Brigade Reserve, having done our six days in trenches and front, ad very unpleasant they were. We fished up last night with some navvy. ing. On our right, between us and the, there was a gap of about 800 yards, and The Times in its City Notes of March 1st it was decided that we should close it mys:--In a letter just received from our We kicked off at 5.15, pitch dark, and Peking Correspondent attention is called to extended right across the gap. We had, rather an unportant point in the present of course, taped off the life before. We condition of Chinese finance. "China" lie Due to the fac tlist she had never
carriel rifles, spades, and one bandolier.writes, "is about to fall heir to a conader- technically closed her British registry, tis Germans turned on the searchlight,
and you can imagine how flat.wplay when able sum of money, The Re-organization the suspension of the American registry for we were only 250 yards from their indieninification of foreign losses sustained Loan of 1913 provided £2.000,000 for the of the M. S. Dollar was announced by the trench and in the open. They never dis during the Revolution. At one time foreign Department of Commerce on the 1st ult.,
covered us, and we made the trench, hand-
daims on this account threatened to exceed says an American newspaper. Accorded it over at 1 a.m., came back bere and
the amount allotted, owing to the inclusion by ing to officials, as soon as the British law lept the sleep of the just. It makes, after auch irritating discussion with the the French of indirect claims. The French, have is compiled with her American registry suppose, about 300 yards of advance. We Chinese, abated their demand, and the claims
will be effective. Melville S. Dollar, vice- unearthed two very dead Frenchmen, president of the Robert Dollar Steamship which was unfortunate, but we planted There remains a balance of £1,300,000, which are now all practically settled for £700,000. Company, said that he knew of no reason for the suspension of the American
them again in a shell hole. We had no operly ought to be devoted to the extinction men hit in the digging--an amazing thing, of the loan, but which the banks have agreed registry. The M. S. Dollar went to the
for wa were right in the open, and one in principle shall go to the reduction of short cast coast from Vancouver in November chance bullet removed half of the heel of term foreign loans. These have for long. and steamed from Port Arthur, Tex, for Manila on February 2nd.
tny right boot. I am sorry to say X was been a damaging factor in Chinese finance. killed last night at 5. I had gone up
Some of them represent liability of a right- from my Company, which was in reserve, On March 20th, the Toyama Moru, a to bridge a little river which we had to selling anus to the Chinese at prices that eous character, and others distinctly not. freight steamer built for the Nippen cross. I reached the house where X was worked out asaribusly to the Chinese Govern- Genaan firmus have for years past been Yusen Kaisha's European servies, web while it was still light, and so I went in Dockyard and Engine Works. The new dines. Then I went on and did my bridge, bon a scandal and always has operated to launched in Nagasaki at the Miten Bishi and had tea with him--toast and sar
rment, and
were personally profitable to the vessel is exactly the same in every parti- On my way back I found him shot through detent the policy of the Powers, which Chinese concerned. The business has long cular as the Toyooka Mara, which was the head just outside his house. Some has been to prevent the Chinese from also built at the Dockyard and is now on her maiden voyage to Europe. She aimed bullet had hit him, or at least taking improvident transactions.
Other is a steel twin-scrow steamer, and has a ballet meant for someone else, for he
items represent advances made to the ben built under the supervision of was & long way behind the trenches, His Chinese on condition of receiving orders she will be classed, and according to ele, for he and I had been left alone with been given Treasury bills in part payment, Lloyd's Register of Shipping, by whom going has hit me more than anything for worships and so forth. Some firmus have Japanes Government requiroments. The the Company since October and we went
and theso have been hawked round Europe engines will be Parsons geared turbines, through all the Ypres business together at prices which seriously affect the credit of made at the Dockyard. The greas in charge of it. He was a cheery soul and China and her capacity to float legitimate tonnage is 360 and the hors-power, always saw the best side of thy He Lonas. It is felt that those who adventurusty THE Undersigned has received instructions to sell by Publio Auction on 3,500, Length, 415 feet: breadth, 38 fet: was only 20. We buried him in a little collective policy of the Povers, and to the TO-DAY (WEDNESDAY) AND TO-MORROW (THURSDAY), depth, 34 feet. Five holds will provide churchyard this morning the church cargo. The lifting appliances will include the spire with its weather cork neatly If this surplus is to be devoted to the reluc just a pile of stones and the top 6 ft oflenou by being kept waiting for their money.
detriment of China, should be taught a THE 6TI, 7TH AND 8TH APRIL, 1915, COMMENCING EACH DAY a 30-ton crane. There will be four two- berth cabins for first-class passengers, and just whers it fell, blown off by soms shell, that discrimination will be shown, and that
AT 230 P.M., AT THE OLD POST OFFICE, QUEEN'S ROAD" planted point downwards in the earth tion of the short-term loans, it is to be hoped lighting, ventilation, and safety appli- Some of our wounded officers are return the foreign Governments concerned wil in ances will be of the most mexiera ing who got a bullet through his bead sist that none of the money shall be paid on A description.
at Soupir, is back. Our trenchts are mud-account of transactions that were plainly sub- It is reported that the Nippon Yuson dy and wet and where some idiot dug versive of their own policy. Kaisha is contemplating the despatch of them along the line of a ditch, of course, auxiliary European liners by way of they all with water. We shove on and Panama on the homeward voyage. The cat new once continually. Apart from company has already despatched seven paiping, things are quiet, and I don't big cargo beats to Europe besides the know what the Germans are doing hero regular liners since the close of last year
in front. I hope they aren't pre to carry the accumulated cargo at the paring some unpleasant surprise. home ports. The result is very salistat course, all relieving trenches means a tory so far as the cutward voyages are walk across the open among bullets. concerned and large eargos have bash Nautally very few get hit, as it is dark, takon in at the different peite before thor but still, there is such a lot of relieving and reached Shanghai or Hongkong to that I think that sooner or later we shall take Chinese goods there. On the horemost of us stop some odd bullet some day. ward voyages, however, little or no cargo However, for a mess full of morituri" can be got at either London or Marseilles
we remain very cheerful. so dull is trade with the Orient in Eng- land and France. Even the regular liners can hardly fill their holds normally, amount of cargo is consigned. This cir- of the House of Commons, lately returned In some cases scarcely half the normal A London weekly states that a member cumstance has induced the company to from the trenches, and asked the set que plan the despatch of these boats tation of when the war would end, replied Panama on the homeward voyages. In that he did not know, but that he could that case they may touch Galveston and tell where it would end. Where?"! was take in American cotton for Japan. the inexpert reply.
250 yards from Japan Times.
the section is not confined to copyright articles. The proposition that the identi- cal section in the English Statute is "independent of copyright" was advanced by counsel in "Carlton Illustrators and Innes," Coleman & Co., Ltd." (27 T. L.R.. pp. 65 and 66) and in his opinion does not appear to have been questioned. i am therefore unable to agree with the
first submission.
To proceed to the question whether the sale involved a fraud on the complainant. The Evction prohibits a "faudulent" sale. No frand is here alleged other than deliberate infringement of the con- plainant's copyright. The question is whether such an infringement is frau- dulent" within the meaning of the scation. It is to be noted that section 7, now repeated, provided specifically against infringement of copyright. On its repeal, a parallel section was enacted in substitution for it in the Copyright Act, 1911 (section II), but the summary mundies attached to the former provi- sion have not been restored. To hold, then, that wetion 8, which has been retained, is expable of an interpretation implicity repealing the offence set out in section 7, which has been repealed, would make the repeal of section. 7 with its sum- mary remedies, to this extent of no effect,
space for 12,000 tons measurement of
where we are now.
Of
GERMAN FUNDS AT TSINGTAU.
LARGE SUME CONFISCATED BY THE JAPANESE.
Military Administration Office in Tsing
The Nichi Nichi, says the Japanes tao, notified the German Manager of the Thua Bank of the confiscation of mili tary funds deposited in the Bank to the amount of P:1,514,000. It was discovered later tha: there was still in the Bank $10,000 official money, and $800,000 of the Bank's fand With regard to the dis that the former is to be confiscated in- posal of those monies, it has been decided mediately, while as to the latter no deci sin has yet been reached. In view, how- ever, of the fact that there are signs of the money being military fands, and that the Bank is of a semi-official nature, this will probably also be seized.
3
CENTRAL,
LARGE AND VALUABLE COLLECTION OF
ANTIQUE CHINA AND CURIOS.
COMPRISING
BLUE AND WHIZE VASES, JARS, BOWLS AND PLATES, 5-COLOURED VASES, JARS, BOWLS AND PLATES FROM THE TOWKWONG ≈e MING PERIODS.
5-COLOURED SCREENS (KANGRI), SUNG BOWIS, BLACK AND GOLD VASES, (KANGHI), POWDER BLUE AND GOLD VASE AND PLATES (KANGHI), FINE SOFT PASTE BLUE AND WHITE DISH (MING), FINE SOFT PASTE PENHOLDER (KIENLUNG) FINE FLAMBE WATER WELL (SÜNG).
AND
VERY FINE- 5-COLOURED BEAKER VASE (KANCHI).. VERY FINE. 8 OCHOW-LACQUER BOXES (KENLUNG). BRONZE INCENSE. BURNER (OHOW).
1 PAIR FAMILLE ROSE JARS (YUNGCHING).
Also
Era.
CRYSTAL, AGATE AND PORCELAIN SNUFF BOTTLES, KIENLUNG POWDER AND SEAL BOXES,
Era,
ETC., On Viny from WED ESDAY, the 31st March. Catalogue will be issued.. THRMS-Coal on delivery.
Hongkong, 30th March, 1915
GEO. P. LAMMERT, AUCTIONEER,
[449