Page
THE POLICE RESERVIST CASE `MAGISTRATE'S JUDGMENT. LEAVE TO APPEAL GRANTED. At the Hongkong Magistracy yesterday, Mr. J. R. Wood gave his decision in the case in which L. A. P. Leite, a Portu
guese member of the Police Reserve Force, and an assistant in Messis,
THE HONⱭKUNG DAILY PRESS. FRIDAY, SEPTEMBER 1818, 1917,
he has in fact insisted on the full enjoy. ment of his claimed right before it was tested in the Courte, and to do that is to go very far indred. To uphold him in his course would tend to defent the object of the legislation,
THE SERVICE DOLLAR QUESTION.
COPIES OF THE CABLEGRAMS SENT FROM HONGKONG. The following copies of cables which Having their disposed of the first two have been sent by the Committee of the roads urgad for discharge, it remains Hongkong Chamber of Commerce and the to deal with the two reunining conten-local brabel of die China Association show that no effort has been spared to been deferred
secure a redress of the hardships suffered by Service men stationed in the Colony owing, to the abnormally high, rate of
Telegram 45th didy, 1911.
PRIME MINISTER.
Loudon.
"EUROPEAN'S EXCITING
EXPERIENCE,
ASSAILANTS COMMITTED FOR
TRIAL
yester
At the Hongkong Police Court day, the case was resumed in which three, men were charged with committing armed. robbery in the Sha Tau Kok district of
the complainant being Ernest William the Now Territories on September 19th,
Gardiner, who is the maunger of the lea-2 mines at Lin Ma Hang, of which Messry, Shewan, Tomes & Co., are the agents. Ho was formerly a Sergt. Major in the Shropshires whilst they were stationed. here.
Jardine, Mathegos & Co. Ltd (importsions-to consider which this decision has department), was charged with unlaw-
Mr. Lo argued that neither of these fully refusing to perform patrol duty on September 7th, and also with refusing to orders was given as provided in Sec- perform
tra punishment duty, tion 3, of the Pence Preservation Or exchange:
present dinner, 1886. Unless the defendant is to Worship said: The His charges are brought against the defendant be discharged in this case these orders as a member of the Special Police Reserve must have been orders of the Captain
One of the men who released Mr. ** Committe, Hongkong Chuumber Com (now to be called the Hongkong Police Superintendent of Policr." Reserve), who in accordance with Section
Mr. Lo urges that these orders in fact merce and Hongkong Branch China, Asso Gardiner mid in evidents that he was met 10 of the Special Police Reserve Ordinance, reached the defendant through the Tuspecciation, representing chief civilinu inter-by two of the soulie women at the Gap. 1914 (Ordiounce No. 27 of 1914) was for of his company and emanated from ests and supported by entire British He was relting, and was told to go back. enrolled as a Special Police Constable by the Deputy Superintendent of the Police Civilian Community, respectfully unite along the mud and free their master. Ho a Proclamation of the 3rd September. Reserve. The view. I have formed on this in strongly urging immediate dram proceeded along the road and saw Mr. Gardiner bound up. His legs and feet 1915 (Proclamation No. 27/1915). His point is that the prosecution is only great hardship suffered by those Military
wers bound with rope, and he was in a charged with having disobeyed two orders called upon in prove that the orders in Naval officers and men paid in sterling sitting posture on the roadside. Witness in both enses withons a reasonable excom question, emanated from the Captain owing presentabuormally high rate eet the rope which was tied round bis -the first order being for the perforSuperintendent. They may have reached exchange. Many years past dollars. The ropes were not attached to An old Chite e man, whom one of the ronace of a penalty patrol on the 31st the nostable through any channel, and equivalen: average about one shilling anything, Witness also untied his hands, August, and the second being for the will yet be obligatory or lim, I find tempence; now over two slullings teran defendants had mentioned in a long state. ment in ao endeavour to prove au alibi, performed of a routine patrol on the thus the order given to the defendant to pence, resulting reduction actual local
gave, evidence to the effect that be kept al 7th September. He is being prosecuted perform ʼn duty patrol on the 7th Septem- pay by about one-third. Hardship en-shop for the sake of Government pre- for these alleged offeners. Ander Section was an order cinating front the iced by denied incresent tired opiunt. He knew the second de 5 of the Peace Preservation Ordinance Captain Superintendent of Police and living. All mercantile, firing long since 1886, which was made applicable by the
was a part of the routine established by recognised and granted compensation; Prochaiuntion of the 3rd September, 1015, him in connection with the Stand also super fals Hongong Government to persons who were members of the Police Orders of the Hongkong Police Rose Civil Servants granted privilege drawing Reserve at the dates given in the charges. Force? Express legal powers of delegas four-fifths pay at one shilling ninepenge This Section of the Peace Pervation to as provided in the recent amending to dollar. Balance current rate. Urge Ordinance, 1880, reads as follows: Any Ordinance (of Ord. 90 of 1917, Sec. ) similar eoverssion applied- Services person so appointed a special constable, do ne Seems to me necessary in order to stationed Hongkong "
DonWELL, and called upon to serve, who, without authorise subordinat, officers te enforce.
Chairman, reasounble, excuse, refuses or neglects tiskom individuals their own orders with
Hongkong Chamber of Comugerce, serve and to obey such awful orders reference to the ministerial details of n
Telegram 5 July, 1917. and directions is may be given to him routine system, which is as is whole an for the performance of the duties of his order of the Captain Superintendent to office. as provided in Section 3, shall, on the Force. There will be no need to summary conviction, be liable to a five decide whether the order to perform, the mot exceeding 100 dollars, and to impri-penally patrol on the 31st August, emanat-Hongkong Branch China Association, re sonment for any term aut exceeding 3ed from a proper officer, for the reason months.” Section 1 of the Ordinance which will appear in considering the next here referred to reads:-Every special and fast point. constable shall have the same powers for
The fourth and final contention for the the preservation of the peace, the preven-defendant is that these orders were not tinn of offences, the apprehension of
giver to him for the performance of the offenders, and for all other purposes, datiul of his office." So far us the order and the same privileges, protection, and for
for the duty pntral of the 7th September immunities, as the members of the police content, the argument has no forced cost living. All mercantile firnis long
force, except na to pay and pension or -other reward, and shall be subject to the orders of the Governor, the Magistrates the Captain Superintendent of Pollee, and any one or more Justices of the Peace who shall be authorised by the Governor to act in that behalf." The case from both sides has been fully argued. Disobedience to the orders was admitted. Mr. Lo Man-kam, solicitor for
CHINA ASSOCIATION, A Ninety-nine Cannon St, London,
fendant. The second: defendant went lo its shop about 9 am, on September 12th, with his mother, to try and borrow six the money. Defendant told him that with dollars fretu-kim. Withers advänced him the money he was coming to Hongkong to buy a wifati
worship committed two of the defendants After houring further evidence, bis
to take their trial as the next Criminal Sessions, the third mum being discharged.
COMPANY MEETING.
THE UNION INSURANCE SOCIETY-
OF CANTON, LTD.
** Following telegram despatched Prime Minister. Please support. Committee An extraordinary general mecting of Hongkong Chamber of Commerce and shareholders of the above was held at the offices of the Company yesterday. The Presenting chief civilian interests and Hon. Mr. S. H. Dodwell presided, and those supported by entire British Civilian also present were:Messrs, A. O. Lang, Community, respectruly unite in strong. W. L., Pattenden, and A. Forbes (Direc- ly urging unmediate redress great hard-tos), D. Macdonald. Paul M. Hodgson, snip suffered by the Military Naval R, Mansfield, MA. R. Souza, J. officers and men paid in sterling owing | Gardiner, J. C, d'Almada and B. M. da present abnormally high rate exchange. Cunha, with Mr. C. H. P. May, Acting Many years past dollar equivalent aver General Manager. age about one shilling terpence; now over two shillings sevenpence, resulting reduce tion actual focal pay by about one-third Hardship elianged by undoubted increas whatever. And with this decision the since recognised and granted compensa defendant's last ground of defence on tion; also since 1913 Hongkong Govern- as escond summons fails and ho must drawing four-filthy pay at one shilling ment Civil Servants granted privilege subunit to a conviction on that charge.minepetice to dollar, balance current rate But the answer to the question whether Urge, similar concession applied services
stationed Hongkong." a penalty patrol" comes within duties of the offfee?" of a constable, swill
the
HAY.
Secretary, China Association, Hongkong Branch,
Telegram 13th August, 2017;
„WILCOX, SECRETARY, QUINA ASSOCIATION,
Please refer to my telegram of 25th Ninety-nine, Cannon St., London, of July Telegraph as soon possible what progress have
deed on the answer to the further ques tion whether the penalty has a lega) sane- tion behind it. The fact that the penalty the defendant, bas claimed that he is imposed is in fact an extra turn of duty entitled to be discharged on any of the cannot equitably be allowed to affect the day four grounds following ~~
matter. The penalty was imposed under (1) that he effectively resigned from his position on the 19th July last. Rule No. of the Standing Orders of the (2) that, even if he was still a member Force. The power to make such a rule of the Police Reserve, it was a reasonable rests on Section 9 of the Special Police excuse for the refusal of duty that he Reserve Ordinance, 1914, which reads as follows: The Captain Superintendent refused in order to test his legal position of Police shall have power to make regula
(3) that, if he should fail in of a reasonable creuse the the petions for giving further and better effect disobeyed were not orders" given to him to the provisions of this Ordinance, and in particular regarding the training. as provided in Section 3" of the Pence
duties, arus, ammunition, and appoint- |- Preservation Ordinance, 1886, and
(4) thats sist, they were not orders ments of the members of the Reserve" **given to him for the performance of the This section does not include “disci- duties of his office."
pline or punishment," unless these Any one of these contentions would words can be fairly brought into it with
you made."! HAY
Secretary, China Association, Hongkong Branch,
Telegram-17th August 1917. (from London). CHINA ASSOCIATION.
Hongkong. "Service salaries--making parate appeals to departments concerned.
WILCON,
PRIME MINISTER.
Becretary, China Association, London
Telegram 24th August, 1917.
London. Referring telegram twenty-fifth July from Chamber of Commerce and China Association would respectfully point out the defendaat of all liability to a the words regulations for giving further hardship accontuated by further rise alty under Section 5 of the Peace and better effect, etc." The better opinion exchange to two shillings elevenpence Freservation Ordinance, I have already, seems to me to be that the subject of halfpenny with continuous decrease par in the course of the hearing, indicated in disciplinary penalties, not having been chasing value. As position of Services desperate we rely upon your intervea. wiew on the first two grounds, Quite expressly mentioned, is in effect excluded tion.
DODWELL, apart from any defect in form in the from the regulations here proposed.
Chairing, letter of resignation submitted on the 12th Rule No. 6 cited above will thus be ultra
Hongkong Chamber of Commerce. July by the defendant, he was then tires, and an order given in accordance
Telegram 17th September, 1917... endeavouring to exercise a right of re with that rule will not be an order for
CHINA-ASSOCIATION, signation, which has not existed since his the performance of a legal duty. The enrolment under the proclamation of the result of all this discussion, which is 3rd September, 1916. And this will be merely of passing interest, is this, that obedience to Rule No. & was on the 31st Po, whatever construction is placed on the effect of the word again" in See. August voluntary on the defendant's part 10 of the Special Police Reserve, but that his rejection of the voluntary penalty might be, followed at once by n
Ordinance, 1014.
Ninety-nine, Cannon St., London. "Service salaries-referring your tele gram seventeenth August, telegraphi pro Bress made."
HÀY,
Secretary, China Association, Hongkong Branch.
Telegram_29th_September 1917. (from London), CHINA-ASSOCIATION.
Hongkong. Have made representations Admiralty, Still under consideration. when
anything definite
Will
wire
received.
I have agreed, too, with Staff Inspector prosecution for his original breach of Potter's argument that a wish to test duty. In which ease his position would} the legality of an order is not a reason. pot have improved. I am therefore dis- able expuss for disobedience to it still missing the Bret sunmons--that relating War Office Jess for disobedience
patrol on the ground that page to it as a part of a to the penali programme of general disobedience, on the order to perform it was not an order which the defendant seo
sems to have em for the performance of a legal duty. karked. If the constable, bad with re spectful notice to his officers committed a sufficient disobedience-my, half an
The defendant is convicted on the second charge
A Gue of 820 was imposed, and leave
hour's absence from patel to give to appeal was granted grounds for the legal proceedings to which
be desired to be subjected, and had there- after resumed bis duties in the force, nis
act of insubordination would then have
The disagreement smouldering, between though not Germany and Austria may be described entirely, to the degree of innocence. But as a rift in the loot.--London Opinion.
been extenuated almost,
Wucos,
Secretary, China Association, London:
Telegram 27th September, 1917 PRIME MINISTER.
London.
Referring telegrams twenty-fifth July and twenty fourth August, Chamber of Commerce China Association respectfully arge some reply.”
DODWELL
Chairman, Hongkong Chamber of Commerce. (Continued at foot of next column.)
The object of the meeting was to pass the following resolution--That the pro. visions of the Society's Memorandum of hitered so as to read as shown in the Association with respect to its objects be print signed for the purpose of ident cation by the Chairman of this meeting." The Secretary having read the notice, The CHAIRMAN said-Gentlemen,-The object of this meeting is to submit for con
Special Resolution the firmation is resolution which you have just heard read, and which was passed at the extra. Ordinary general roreting held here on the 1st September, 1917, I therefore now move that the resolution be confirmed.
Mr. MACDONALD seconded, and the re solution was unanimously carried,
This was all the business..
COMPANY REPORT. NEDERLANDSCHE HANDEL-
MAATSCHAPPIJ..
The general balance sheet and profit and loss secount to 31st December, 1910, show that the net profits amount to F11,350,150:28 (£945.846), out of which, after providing for the Statutory Reserve! to the extent of F.1,670,030.05 (£139,188), dividend of 15 per cent, lus been de- clared
In the course of 1910 two issues to share holders bave been made each of 5,000 new shares of F.1,000. The total paid up capi tal his thus been increased to F.60,000,000,
Telegram 27th September, 1917. LONDON CHAMBER OF COMMERCE,
London. Referring telegram to China Associa tion to-day and twenty-fifth July, please Support (with) view obtaining early de- cision. Telegraph result earliest."
DODWELL,
- Chairman, Hongkong Chamber of Commerce. Telegram 27th September, 1927. MANCHESTER CHAMBER COMMERCE,
Manchester,
Retelegram to China Association, London, twenty-fifth July, please support (with) view obtaining early decision. Telegraph resalt earliest possible."
Hongkong Chamber Commerce. Telegram th September, 1917. „MURRAY: STEWART,
Caro Boniface,' London. Immediately pass Gershom Btewart) following referring telegrams today and twenty-fifth July to Chine Association, Crave your support as immediate relief urgently needed.”
Hongkong Chamber Commeree. Telegram 27th September, 1917. CHINA ASBOCIATION,
Ninety-nine Carpon St, London. Service salaries communicate contents this and telegram twenty-fifth Jalyto London, Manchester Chamber of Commerce and Gershon Stewart. Have cabled them requesting support; also have telegraphed Prime Minister arging some reply Un official members Legislative Council now offered provide exchange compensation from Colony's Funds
HAY
Becretary, China Association, Hongkong Branch.
INTIMATIONS
+
OUR DAY"
18th OCT., 1917.
DRAWING-WAR BONDS
LANE,
CRAWFORD
and Company
WILL PRESENT FREE
ONE TICKET
FOR EVERY $20 WORTH OF GOODS
PURCHASED IN THEIR STORE
FOR CASH ONLY.
FROM SEPT. 26TH TË OCT. 16TH.
DRINK
“BULL DOG" LAGER BEER.
SEPERIOR TO ANY GERMAN LAGER BERA EVER BREWED. BRITISH THROUGHOUT.
Brewed in Great/)
OBTAINABLE AT:-
Wing On Co, Ltd.
Sincere Co., Ltd.
Sin Co., Ltd.
Cheong Tat
Nam Hing Loong.
Ty Bing.
Sang Tal
Kwan Tye
LANE, CRAWFORD & Co.
Obtainable in Canton from
SINGER CO., LTD.
Stocked by
THE HONGKONG, HOTEL.
Bottled by Eritish Labouri.
PRICES DUTY PAID.
QUARTS-820.00 par esse
of 4 dozen.
35.10 per DomD.
*PINTS
$26:50 por cSÓ
of 8 dosen.
or $3.40 per dosen."
All Dog Sac
Admitted to be the Best
Lager Beer brewed.
FRESH STOCKS JUST ARRIVED.
[407-2
Powell
TELEPHONE 346
Lid
JUST RECEIVED:
SMART AUTUMN
MILLINERY.
WHITE
FELT.
BLACK AND COLOURED
VELVET HATS, AUTUMN STRAWS.
BLOUSES. NECKWEAR, ETC.