Page
TRADING WITH ENEMY REGULATIONS.
CROWN APPEALS AGAINST MAGIS
TRATE'S DECISION,
The Chief Justice The Proclamations. were made Lo prohibit-trading directly or indirectly Before the con signees could handle the goods Pasedag & Co. would ask for and be entitled to their commission:
TAX HONGKONG DAILY PRESS. TUESDAY, MAY 16гm, 1916.
THE PRIVET COUGH."
AHARDY ANNUAL
GOLF.
EXCITING FINAL FOR THE RITCHIE CUP.
That hardy annual, the privet nuis ance, is once again reported to have com menced its catarrhal ravages in the Penk district and there is some talk of address The Chief Justice (Bir Win. Rees Mr. Jenkin said that it had been proving a petition to the Government on
the Davies, K.C.) and Mr. Justice Gompertzed that the stoves were the property of subject. As in previous seasons, there are sat in Appellate Jurisdiction yesterday, the Fukien Drug Company from the time those who claim that the pollen of the und D). 1. Mackenzie, versus A. Bryson
to hear an appeal by the Crown against the First Magistrate's decision in a case brought against Messrs. Thoresen & Co. of Hongkong, under the trading with the Enemy Regulations.
Mr. G. N. Orme conducted, the appeal for the Crown, and Mr. F. C. Jenkin (instructed by Mr. A. M. Preston) repre-
sented the respondents
de
Mr. Orme, in the course of an exhaus. tive opening statement, said the appeal was under Section 09 of the Magistrates Ordinance, and was against Mr. Haze land's order dismissing a complaint by the Crown against Thoresen & Co., the complaint being on a summons that on or about the 19th September that. Com pany did trade with an enemy firm, to wit, Pasödng & Co., resident and carry- ing on business in Amoy, contrary to Section 2 of Ordinance 25 of 1914. That Ordinance, and consequently the charge, (wore amplified in subsequent Proclama- tions: He wished to state first the special reasons which rendered it heres sary for the Court, who were in this case
they left Sweden.
The Chief Justice-If the agents here supply an enemy in Amoy he would be entitled to make his charges. Why is not that supply within the meaning of the section?'
Mr. Jenkin--Because the supply must be with the express object of benchting, If as an accidental consequence of doing something that is not unlawful there comes benefit to an enemy firm, you are not liable. If you either supply goods to an enemy or you supply goods in such a way that you know it will benefit the enemy, and in fact do it for that pur- pose, then that would be within the seelion.
The Chief Justice - Before handing over these goods the enemy firm would have to have their charges paid.
Mr. Jenkis Net as a consequence of what Thoresen & Co, did.
The Chief Justice-Yes, it is a direct consequence of what they did, because they forwarded the goods.
Mr. Jenkin contended that nobody
There was some exciting golf on the King's Park links on Sunday in the fini of the foursome for the Captain Ritchie Cup. The finalists were W. F. Knapton
and D. C. Wilson. The inatch was one of 36 holes.
who
received six strokes, won by one up
INTIMATIONS
LANE
CRAWFORD &Co.
ESTABLISHED 1880.
TELEPHONE 1741.
The latter pair, ICE CREAM
CREAM FREEZERS.
privet, has nothing whatever to do with the ailment of which people are com plaining, but those who suffer annually from irritation of the nose and throat when the privet in in bloom, naturallyay was always good, Bryson especially showing excellent form. In the after- noon Wilson put in some good strokes,
claim that the shrub is the direct enuse
of their discomfort. Many and diverse opinions have been expressed on the subject in the past in letters to the Press. It is well known - that privel cough the name given to the catarrhal trouble repularly attributed to inhala- tion of the pollen of the flowering plant — is a well-recognised summor ailment in Australia and in several of the Treaty ports; indeed, at Shanghai every year the Municipal Council publishes a noti fication asking the public to cut down any privet that may be growing on their property, or to remove the flower befors
it opens. The general opinion in Shang hai is that the early summer catarrhal troubles are due to privet, and the sit mentis / consequently known a
priyet cough.'” This same trouble in Hongkong, so its victims claim, is also
the proscenting party, to appeal from a could supply to Pasedag & Co. without due to the privet, and only a few years
judgment of one of their Magistrates It was not necessary for him to point out that in the present case they were. under a special and peculiar duty. In matters like that concerned in the pre- seni case, which concerned Hongkong not as a Colóny only, nor the internal administration of Hongkong, but as a bok in a large Empire, which was involved in a terrible war, it rendered it incumbent upon the Colony, baving some law with reference to trading with the enemy, to fall into line with over parts of the British Empire and not fail
in pressing against persons who broke that law in the same way
as similar tharges would be pressed in England or other parts of the Empire. It was in
_portant that our actions in such cases should be consistent with the general polies and that our Taw should be on sistent with the general law, otherwise. they would come to serious differences in endeavouring to enforce what the King and Legislature had intended should be enforced in the matter of dealing with enemies' trade.
violating the rights of the Fukien Drug Company, nor could Pasedag & Co, take
el the goods themselves without a similar. violation.
part of
The Puisne Judge-It the shippers contract with the con signees, and you gave Pasedag & Co. the right to these agency charges by putting these things into their hands.
which reduced the lead of Knapton and Mackenzie. The players were all square at the 23rd green.
GOLF CHAMPIONSHIP OF MALAYA.
190
170
$172
173
TRIPLE
MOTION
1 QUART
ΤΟ
12 QUARTS.
ALUMINIUM
DELICIOUS IOES
MADE IN
3 MINUTES.
STOCKED
IN
10 SIZES.
COOKING
UTENSILS.
The Straita and F.M.S. Golf Cham- pionship resulted as follows *****
J. Crabb Watt, Penang S. F. B. Martin, Penang A. W. W. Walkinshaw, Ipoh JL. Humphreys, Singapore Martin was very keen and it was any
The fight between Crab-Watt and LIGHT IN WEIGHT BRIGHT AS SILVER-DO NOT RUST
body's game.
Singapore won the inter lean contes with 203, Penang being 270, Ipoh 271 and Perak 285
ago there was a great entery again GERMAN INTRIGUE IN JAVA. allowing the shrub to exist. One of the victims stated that for some years past ho had noticed that during the privet season great numbers of people suffered from prolonged colds, either in the
p throat, chest or nose, and he was con,
In answer to the Chief Justice, Mr.. Jenkin said he dropped any point in regard to whether the act came under the meaning of the word "Transhipment or the word tranmission."
The Chief Justice-We are quite satis
The Chief Justice remarked that the case was now out of the magistrate' hands, and they had already decided that the magistrate was not correct in law
vinced, at any rate in his own case, that it was entirely due to privet pollen This same victim brought the matter to notice of the then Principal Civil Medical Officer, Dr. Bell, who replied
that his experience in the Colony, ex- tending arer twenty five years, did not
The following paragraph appeared in a recent issue of the Sourabaya Handels- blad:
ABTO
ASTOUNDING NEWS, FROM BUITENZORG,
Colonial Secretary at The Hague, the Acting under instructions from the
new Governor-General of the Dutch East Indies, as personally conducting an in- vestigation into the case of two Germans, Messrs. Koil and von Egloschino
Superintendents of the Straits of Sunda Syndicate), who are under suspicion of propagating native edition against Dutch authority, and of having hekl meetings with Arabs or other foreign Orientaly for that purpose. The assis- tant Resident of Buitenzorg is in posses sion of a great many incriminating docu- Seme 200 witnesses were heard
in the initial stages of the inquiry. The
INCLUDING:
CAMP COOKING OUTFITS,
FOR TWO, THREE on FOUR PERSONS. CHAFING DISHES. COCKTAIL SHAKERS. TEA AND COFFEE POTS. CAST KETTLES. CAKE PANS, SAUCE PANS, FRY PANS. ETC.
"O-CEDAR" POLISH
MOPS.
“O-CEDAR” DUSTERS.
MAKES IT EASY TO CLEAN
THOSE HARD-TO-GET AT PLACES.
LANE, CRAWFORD & CO.
Governor-General Idenburg, who has HONG KONG, CANTON, MACAO
just retired, is said to have been so in dignant at the facts that have come to light that he declined to accede to the German Consul's request for a further
fied that the act in question comes within port the theory that the priret was the meaning of the Proclamation, and responsible for the symptoms described, therefore we will hear you (fr. Jenkin) which were commonly known as "hay
fever
though he would not say that after the adjournment on the question
an occasional, but rare, case of indivi of penalty
After the adjournment Mr. Orme con-dual idiosyncracy might not occur. tended that a question arose as to the However, Dr. Bell submitted the letter gravity or otherwise of the evidence, an of complaint to the local branch of the was about to refer to the magistrate's de British Medical Association, and the
general opinion of the members comcided quiry. Hereupon the Consul and the cision when
Turnverein (literally. Athletic club, with the views which he had expressed. but in fact a political association) urged from upon the Netherlands Colonial Seere- They declared that irritation
tary the necessity of a freeh investiga- privet was not at all common in Hong tion, in consequence of which the new Governor-General received the instruc- kong, though privet had existed here for
tions referred to ... There is a strong many years, and that one isolated casa presumption that the riots in the Pjamenea district are a more or less did not afford sufficient evidence to con
direct outconic of these "machinations. demu privat as the casual agent. The The greatest possible secrecy in observed local Army doctors, who were also spin connection with this serious affair.” proached in regard to the matter, ex- accompanied by a pressed similar news, a
ggestion that the flowering season of the privet in Hongkong coincided with considerable variations in temperature, which alone would suffice to account for the prevalence of colds."
Mr. Ormo went on to say, that itere
When it came to the end of the war, it would also be incumbent upon us to justify ourselves before the Tribunal of the Empire that we have in matters of this sort not let the rest of the Empire were no natural rights of the subject down, and not let any loophole by which an enemy may take advantage while the Empire is striving by overy fair means to get the better of those enemies. Those were the reasons which rendered it absolutely necessary, that the Crown should take the action it had.
trade with the enemy, and trading with the enemy was a common-law offence, and if the magistrate had approached the case in that spirit and in appreciation of that fact then he might have taken a more serious view. He also suggested that their lordships might like to send the case back,
The Puisno Judge--We think it woul 2 save tinio and expense to deat with tas case and not to send it back,
Mr. Orme, continuing, said the subject matter of the charge were five cases of petroleum stoves. It was alleged against respondents that these five cases Mr. Orme then remarked that the ques of stoves were actually supplied by them tion of rights and duties had been con tee for the benefit of an enemy firm, complated, somewhat in the learned Pasedag & Co., of Amoy. Respondents magistrate's notes on the case. In times were the agents in Hongkong for the of war it was the duty of everyone to see East Asiatic Trading Company ·Pasa
what their duties really were. He then dag & Co. were the Amoy agents for the west on to say that to trade with the Jatter firm, and the stoves wore sent to enemy was against the law and was sleo an infringement of the common law Ho Hongkong. The cases hore the mark also claimed that the Glasgow case "con "F.D. Co.," which referred to the Chining the Nova Scotis Iron Works and "Dese Company, the Fuzion Drug Com
Krupps
was on all fours with the present pany, the consignees. It had been proved in evidence that these stoves had
them from Gothenberg (Sweden), vid
been delivered to Pasedag & Co.
Mr. Jenkin Yes, and that they had been delivered to the Chinese Drug Com- pany
The Chief Justice The respondents must have had a terrible consideration for their trouble. (Laughter.)
ca56.
After reading the case the Chief Justice remarked that they could not agree that this case was similar.
FREIGHTAGE DIFFICULTY.
BOMBAY SHIPPERS VIEWS.
of steamers in Eastern waters for carry ing supplies, for transport and other
Government increased the requisitioning
A Press representative interviewed members of the largest shipping firms in One fact of importance which was Bombay on the problem of freights. It brought out as the result of correspon was stated that India has been more dence on the subject was that the only particularly affected since the beginning privet found in Hongkong is the Ligue of the operations in the Mediterranean trum Sinense. In Shanghai two kinds and the Middle East. With the begin- are met with, but, according to a leading of these campaigns the Home ing medical man in the Northern por the large, ordinary kind, Ligustrumu tueidam !almost certainly doen not cause catarrh," while the Lagustrum Sineuse the only kind in existence in Hongkong may cause catarrh. This Eame gentleman, Dr. Arthur Stanley of the Shanghai Health Department, was pot convinced, however, that the general opinion in Shanghai was correct in cre Barding privet as the cause of symptoms resembling those of hay fever,
12.
There is, and always has been, a sharp conflict of opinion on the subject. On Their lordships retired in order to can the ous band, we have the statement of fer and upon their return the Chief the victims to the affect that great num
pared to accept the position taken by the respondents in that case, that what had been done was done through ignorance. At Mr Mr. Jenkin Yes, we got 26 cents.
In answer to the Chief Justice, Mr the same time, they would like to point Orme said the facts were really common
mmon out that at a time like the present, when 1Xxceptional legislation had been made on ground.
"WAY 'UBES.
The large Indian shipping centres were then seriously affected, and Bombay was especially hard hit Freight rates in the port last week rose as tigh as 147s. Od. The week before the supply was easier, and the rates did not exceed 136e In Burma the latest rate of 170s is due of course to the difficulty in getting steamers there. Ba presentative do not bear out the statement of the Chairman of the Nilgiri Planters" correspondent, that it is regrettable that Association, quoted by a Bangalore
prize vessels which appear on the list and have to appeared for over a year
The statements made to the Press re-
Justice said that they were quite prebers of people suffer from catarrhal past as in Bombay harbour are not made the privet, and, on the other hand we to 8,000 tona. As a matter of fact, there trouble during the flowering sensos of use of, vessels which would carry at the very lowest estimate between them 7,000 have the doctors saying that it is not are no prize vessels in Bombay harbon? within their experience that the symp at the present time toms complained of are due to the privet. The layman's reply to the doctors is that The Clan Line, which largely affects the cularly unfortunate of late in, losing the ailment, though a source of much West Coast had, perhaps, been parti discomfort, is not of such a nature as would make the sufferer seek medical steamers through submarines, and this may have tended to intensify matters for The Chief Justice asked Mr. Jenkin account of the war, it behoved everybody advice. With the recurrence of the the Planters Associations of Bouthern agitation, the subject would seem to India, but all lines have suffered by the give the Court his arretation of the to take every possible care to see that be worthy of further investigation
that the law was complied with They had no People do not rash to homitsis of cat requisitioning of steamers by Govern
ment Regulations, and counsel said that re doubt at all that the respondents had in the doctor on account of irritating The causes contributing to the present
| catarrhal troubla even when it is per
rise in freight rates are many paya the same time ignorance of the law was among residents who live in those dis
because of the general tricts where the shrub flourishes, it ougat created by the submari of the same company at Amoy. The not a sufficient excuse in itself. They not to be difficult for them to co-operate and their requisition by Go two agents were interm diaries between | ware of the opinion that they must im. in an effort to have the question the local conditions have also
oughly investigated. April is the month
for instance, Fis not now signees, and they pose a small penalty in order to show that when the flowering season commences extent from Calcutta merely passed on what had already been the law was made with the intention of and already there are man sulerers
settin' motion
a strict adherence to it. They thougat Gothenburg.
that a fine of $25 would meet the case.
spondents marely sent the stoves on to
Amoy as agents for the shipping com acted entirely through ignorange, but at sustent, and if the complaint, is commong Mại Not only HAVE T
pany, and they were
the consignors and
to the agents
the consignors in
from catarrhal their condition
privet
sent on the railway, with ribute, în cartage moze, waggons are
the there is consequen
WEST RIVER STEAMERS.
JOINT SERVICE OF THE HONGKONG, CANTON AND MAÇÃO STEAMBOAT CO.LTD., AND CHINA NAVIGATION CO., LTD.
HONGKONG-CANTON LINE.
Blaglo Faro by Night Steamor Return
Single Fare by Day Slimmer Estora
VHONGKONG TO CANTON,
Bm. FATEHAN
10 p.m. KINSHAN.
8, HOYANG 10 p.m. FATSHIAN,
$6,00
11.00
15,00%
9.00
CANTON TO HONGKONG.
TUESDAY, 16TH MAY, 1916.
8. FINSHÄN. "5 pm. HONAM.
WEDNESDAY, 1728 MAY, 1916.
1655 6am FATĦHAN.
Spa, KINSHAN
HONGKONG-MACAO LINE
88. BUI TAI, Toba 1,851. 214YBB. HEUNGSHAN
, HONGKONG TO MÀO Đ
Weekdays at 8 am and 2 pm. from the Company's Wing Lok Birnod Whaely dandays at 9 am and 1 pm from the Company's Wing Lok Street Wharf.
MACAO TO HONGKONG
Week daye si 7.5) azi, and 2
Bunday at 7,80 a.m. and 5
EXCURSION TO MACAO.
SUNDAY 21ST MAY - 1916 ---
The Company's New Bloamship P
TAISHAN"
Will depart from the Company's Wing Lox STREET, WHARF at 9 Km, and return from Knowo at 5 pm **NB The Company will also ran a Shesmer from Mace on Bunday at 7:30 am;
sad From Hongkong at 1p.me from the Company's Wing Lok Shmat Wharf,
****This Steamer connects with the Excursion Steamer refering from Mueso at 5pm.
FARES AJ USUAL
MACAO-CANTON LINE
Departures from Macwo to Canton in Monday, Wednesday and pray, Isoparkuzes from Chaton to Mamo en
Ashurada and Envurday, at
STEAMBOAT CO. LTD. THE CHINA NAVIGATION CO., LTD.. UINT SERVICE OF THE EONGKONO, CANTON AND MACAO
AND THE INDO-CHINA STEAM NAVIGATION CO., LTD.
CANTON WUCHOW LINE. 86, BAINAM, 568 kona, and 8.6., (NANNING, 169, leun)
Monday Canton on the mAJKO GẾN
Longkong!
Ous of the above Brienmans lonton Carton for
ad about 8 s.qug and the other len ver
· Olice open delý (Bunda HONGKONG, CANTON
GAO STEAMBOAT Co., Lan.
Hotel Mansion (Pirri Floor), opposite the Binko Pier,
UN BALE.
ON SALE
HANRARD REPORTY *JERETINOB
»OUND VOLUMES of " AGNIKOMU
BIRALY PRESS JUT
1935-WIN TIDEZ – Priez
PRICE
1910
Bengkong 106 Harr ENT