MARINE COUBT. CREW OF THE “KAZEMBE "IN TROUBLE.
THE HONGKONG DAILY PRESS, TUESDAY, MAY Arm, 1920,
Captain Taylour asked if Mr. d'Almada contended that because the local Orthin- ance had incorporated that part of the Section of the Merchant Shipping Act, the Act, which applied to the whole world, did not apply bore...
Mr. d'Almada said that was exactly his Point, so far as the provisions of Section 41 of the Ordinance supported him,
Captain Taylour-No, no; no, nol We can legislate for the waters of the Colony." The Merebant. Shipping Act operates for the whole world. He wanted to know if Mr. d'Almada said that the Legislature had no power to legislate for anything out of the Home AÅet.
INTERESESTING ARGUMENT. IN APPLICATION FOR RE-HEARING At the Marine Court, yesterday after. noon, before Capt. Hasil Taylour, R.N., Marine Magistrate, Mr. Lec' d'Almada applied for a re-hearing of the case in which seven West Indian negro members of the crew of the s.s. Kazembe wero tried and convicted to seven days' hard labour each (kaol charges to be paid from defendants' wages) on a charge of having
Mr. d'Almada said that the Legislature unlawfully combined together to impeda the navigation of the ship by refusing to had the power to make laws for the free- obey the lawful commands of the master.
dom and liberty of the subject, but the Mr. d'Almada, said that Capt. Taylour, Legislature had already made laws con sitting as a stipendiary magistrate under fining the powers of the Magistrate to the Merchant Shipping Act, was bound dealing with such offences as they were by the provisions of the loend Navigation
now discussing to the waters of the Colony. Ordinance. The procedure us regards relt it was intended that offences committed bearing was laid down in" Section 08, and his application was made under that e- tion. Ho asked the Magistrate now to say that the conviction was bad in point of law and fact. This was his submission.ing incorporated a Section of the Mer- and be hoped to convinc, the Magistrate The charge laid against the defendants is that they, being seamen, unlawfully combined together to impede the naviga tion of the steamer Kazembe. He would
throughout the world may be dealt with in the Colony, the Legislature would have') said that the Merchant Shipping Act as a whole applied to the Colony. But, hav-
chant Shipping Act into the local Ordin- ance, the Legislature made it plain that the powers of the Magistrates were only confined to the punishment of such crimes as came under the Ordinance The Act,
TO CERTAIN CHAUFFEURS.
[Some do some don't.]
A
Some days ago I wrote in doleful straîn About the cars, that make of Garden Road An anteroom to Heav'n. 'Tis not in vain, Thought I my metric axtasy has glowed (Misprinted tho' it was Moved by its power They may slow down to twenty miles an hour.
Fond Hope! Whenever now I pass that way Whether at dawn, or going homỹ to bed. Planning, perhaps, some new, and sportive lay, My dreams are rudely banished from my head. I dodge some Juggernaut and, feeling wild, The wall of English gets a bit defiled. "
Friends, I addressed you once in gentle style— We scribblers are by nature mild and meek— Bus even ink-stained folk are apt to rile When seared into the middle of next week. I carry now, to greet you as you pass, A. pocket-ful of nails and broken glasa)
ADMISSION OF A NEW BOLICTOR.
MR. LONGINOTTO,
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80c. per bot.
RED CHERRIES in bottles for tarts
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E. W. H
PICKLED
PLUMS
SPORT.
TENNIS.
HONGKONG C.C. TOURNAMENT.. Major and Mrs. Greenaway went into
not lay stress on the technical point that so far as it was inconsistent with the ing, before Mr. H. H. J. Gompert the final of the Mixed Doubles. Handicap
The in- consistency was plain. In Hongkong, according to his reading of the Ordinance, they were confined to the waters of the Colony. If an offence was committed in Manila, the master had the right to bring the case up in England.
Captain Taylour said that the Merchant Shipping Act had always be the law
Ordinance, had been repealed.
At the Supreme Court, yesterday morn
Acting Chief Justice, the Hon. Mr. J.
yesterday when they beat F. A. Redmond and H. Kemp, K.C., applied for the approvals Mrs. Winslow, 6-4, 3-6, 6-3 Playing level, enrolment and admission of Mr. Lo Longinotto to practice as a solicitor. Mr.se pairs put up a very creditable game Kemp said that Mr. Longinotto was well of tennis, the gentlemen doing any amount known. He had held the office of Asis of art work at the net, and the ladies tant Crown Solicitor since August, 1917. He did not propose to read the affidavits, He asked for exemption on three grounds. Mr. Longinotto did not have a certificate showing that his certificate of enrolment was still in force. He did not need it He asked for time to get this
the wording of the charge was wrong, that, as the charge was made against each man separately, the charge should have rend “being a seaman unlawfully com bined with the other defendants", as it was obvious that each man could not combine together." This was, however, a technical point, which he did not rel upon. Continuing, Mr. d'Almada said that the evidence in the case was, in effect, that the defendants did, in Manila, in- form the captain that if the boatswain was not taken off the steamer they would not Jocal Ordinancs confines the powers of the when he came out, as he was in the ser-
-sail
ร
Captain Taylour observed that the offerice was committed at sed
Mr. d'Almada said that the evidence
here.
Mr. d'Almada: So far as it is not in consistent with the local Ordinance. The
Magistrate; the Merchant Bervice. Ast does not.
Mr.
vice.
certificate
His, Lordship said he would grant ex- emption, provides the certificate was ob
M. Komp said that Mr. Longinotto did not have two other certificates--the certi
Captain Taylour asked it of the captain showed that the whole d'Almada's point was that the charge tained within six months. trouble took place at Manila When the against the defendant should have been made under the provisions of the Mor captain was told this by the cref, be went
lobbing from behind. The game was any- body's right to the end. The Greenaways will now meet Major Bowen and Mrs. Timis, it being noticeable that all the civilians have been knocked out of the competition.
|
Today, Ng Sa Kwong and A. H. Run- Jan meet 3. A. Rumjahn and O. Run- jahn in the open doubles. Tomorrow, the brothers Lo meet Stalker and Abraham, BASKET BALL EXHIBITION MATCH ON THURSDAY, A match of more than ordinary interest
to the British Consul, and the Vice-Consulchants' Shipping Act, and not under the cata of identity and the certificate from will take place at the Chinese Y.M.O.A!
Mr. d'Almada said that was not his two solicitors in England. He suggested on Thursday at 6 p.m., when the American
camel on board. After some pourparlers, the Vice-Consul gave the captain permis sion to spend the boatswain, and told the captain to prosecute the crow in Hong kong. Finally, the non turned to, and he believed they worked on board until
local Ordinance.
point at all. The local Ordinancs gave the Magistrate power to deal with curtain cases The Merchant Shipping Act, in the Bection concerned, was inconsistent
that in the circumstances, these were un-Athletic Club, winners of the Open necessary.
League, will play an exhibition match with His Lordship said he supposed so, and The Best H.E. Sir Reginald Stubbe, asked if Mr. Kemp pressed for them.C.H.G., has kindly consented to be pre-
His Lordship, addressing Mr. Shield at the close. The public are also Longinotto, said he had much pleasure.in invited. The Shield has been provided admitting him. He hoped that the prac for the League through the generosity of tice of his profession would be satis the local American community.
the arrival of the reamer in Hongkong with the Ordinance The inconsistency Mr Kemp said they were, unnecessary sent at the match and to present the
being present, under Section 41 of the He submitted that, as far as conspiracy Ordinance, the Merchant Shipping Act
Prosecuted.
Mr. d'Almada: Unless the ship is within three miles of the Colony.
"
factory.
Mr. Longinotto is joining Mr. J. H. Gardiner, but will continue to appear for the Crown in the more important: Police Court cases.
WITHOUT MEANS
EXISTENCE.
EX-WARDER'S PLIGHT.
EUROPEAN LADY VICTIMIZED Kirby, at one time a Warder
DANGEROUS CHARACTER
IMPRISONED.
At the Magistracy, yesterday,
of
At the Magistracy, yesterday, James
Victoria Gaol, was charged with being a person without any visible means of exist
ence.
Inspector Cashman stated that witness
Captain Taylour: The thing is absurd. Suppose the ship never went to England.
Mr. d'Almada: The only "thing is to Chinese was charged with matching came to the charge room and gave himself
handbag, containing a purse with 817 from up, stating that be had no means of liveli remedy the law,
Captain Taylour: I think your conten-Mrs. Eleanor Hoid and with being in pos-hood and no employment, Mr. d'Almada Yes, many lawe are session of a packet of pepper for an un- absurd. Our Ordinance is plain. It was lawful purpose. intended, when the law was made, to limit
.
to impede the navigation of the ship was repealed." Therefore, the Magistrate concerned, there was not sufficient evidence had no jurisdiction. Otherwise, he failed to convict the men.
There was, said Mr. d'Almada, another to see the force of Section 41.
Captain Taylour said that, accordinig point that was absolutely fatal to the
to. Mr. d'Almada's contention, the master prosecution. The Merchant Shipping
of a ship engaged in the coastal trade Ordinance, under which the defendants "were tried and convicted, dealt, in Section could not apply to the Court here to deal 9, with offences committed within the with a refractory crew. The pen could do waters of the Colony. He submitted that, just as they liked, and they could not be on that section, irrespective of the facts of the case, the conviction was absolutely, bad-and this he said with the profoundest respect for the Magistrate. The Magic. trate had no jurisdiction over the men, as the charge was laid as having occurred in Manila Manila, was not, of course, with in the waters of the Colony. Mr. d'Almadation is absurd. having defined the waters of the Colony said that, under the Section be bad quoted, the men were clearly impeding the naviga- tion of their steamer at a port outside the jurisdiction of the Court in Hongkong
Capt. Taylour asked if Mr. d'Almada kad read Section 41 of the Ordinance * Mr. d'Almada replied that he had not forgotten it. He was aware of the fact that according to this section "much of the provisions of the Merchant Service Act which are inconsistent with the provisions of the Ordinance are hereby repealed,''
Captain Taylour referred Mr. d'Almada to Section 225 of the Home Merchant Shipping Act, which provided that & Magis trate had power to deal with offenders at 500,
and made no mention of within the waters of the United Kingdom.
Mr. d'Almada said that his point was that the Ordinance having provided the power for the Magistrate to deal with offences committed within the waters of the Colony, the Merchant Shipping Act did. not operate here.
Mr. Smith remarked that he did not know what he could do in a case of this
My Reid stated that at 10.50 am on bort. Was there no chance of defendant the powers of the Magistrate, perhaps because the legislators of the time thought Baturday, whilst she and her son were obtaining employment 1⠀
that if they did not specify the "waters turning into Wood Road, defendant came Inspector Cashman replied that he did of the Colony "they would be infringing thing else. the rights of the Board of Trade or some up from behind, and, matching the bag, not think so. He was a young uma, only
Captain Taylour The Merchant Ship ran away. Witness raieed an alarm 23 years of age.
Mr. Smith sent defendant to the house ping Act operates bere, as it does every and followed the man, who dropped the where else in the whole world.
contents of the purse. When she was pick of detention, stating that he would have a ***Mr." d'Almads wanted to know if an
Mr. was committed at San Franciscan, ing up the money, defendant was brought roof over his head. He boped, some work could the offenders be tried here. to her by a Chinese constable. The man would be found for him,
Captain Taylour: Yea
was searched and the bag and pepper Mr. d'Almada And if the offence was committed in England?
were found in his possession.
Captain Taylour: Yes 1 Mr. d'Almada: Then the Merchant Shipping Act is useless so far as it applies to England.
Captain Taylor said he did not under stand that arguments
Mr. d'Almada said he asked that his submission be seriously considered, bo cause it was interesting and important
Defendant said it was a case of mistaken identity. He saw the bag lying on the ground, and picked it up to return to complainant.
Inspector Kent naked for a heavy pensity on the ground that defendant He was strongly of the opinion that the as was a bad character. in, the Coonpping Act shalt be in force Court had no jurisdiction over the foffence committed by the defendants, and he
Captain Taylour read from the local Ordinance that in all other respects the Merchant
Defendant was sentenced to twelve
a said that the local Ordin-would be failing in his duty to his clients morths' hard labour and to receive twelve
Mr. d'Almada, said, the th
ante contained a qualification within
Ordine bs did not lay stress on the law as it strokes of the birch.
the waters of the Colony which was not was interpreted by him. He asked the
In the Merchant Shipping Act. There Magistrate to consider his point, and giv
fore, by Section 41 of the Ordinance which his decision:Inter.co
David Hon, a West African, wag similar. ly dealt with Hon stating that, not know- ing the Chinese language, he found it dinoult to obtain a billet. He had been a sexman on the Lancashire,
ROBBER'S FATAL FALL. FOUND UNCONSCIOUS IN HOUSE HE ROBBED.
A Chinese robber was killed on Sumadory by falling off the third floor verandah of ahouse in Pokfulam Road, which he attempted to rob. It appeared that, wh 3.30 on Sunday the deceased, entered
aid that such of the provisions of the Captain Taylour said that Section 225 GAMBLING AFFRAY ENDS IN the third floor of the building by sealing Act, as are inconsistent with the provi- of the Merchant Shipping Act was applic
| 81ong of the Ordinance, are hereby, repesl-able in the United Kingdom er out of it...
Act, did not Mr. d'Almada replied that that was
ed; the Merchant *gdia. submission why, when the local Ordinance was draft||
operate in the Colony.
STABBING..
TWO MEN AND A CONSTABLE INJURED.
Arising out of a dupute over a gambing
olise at Kewick
and EW.DY
up the waste pipe. He stole alothing and an insurance policy. As he wse making off, an inmate woke up and, seeing a figure, raised an alarm. The robbery in hia haste to escape, tried to jump over the Tarandahsand, slipping, fell to the court yard, a distance of about forty fest. A confederate, who was waiting below, die appeared with the stolen article, leaving the unconscious man behind. The Police, two of when they came, took the man to hopital, being where he died a few minutes after admis
sion. A dagger was found at the place Police where deceased was picked up. onog
the
Other Local Neur will be found
was that where the Ordinance incorporated, provisions were made for offences opm ed a Section of the Merchant Shipping mitted within the Colony's waters only to Act, that Section of the Merchant ship. be dealt with. In fact, the Ordinance speci- ping Act would be repealed,EAREN ally, mentioned that He was convinced
Captains Taylour wanted to know in he was right. Of course, the Magistrate transaction a free fight took place between what way the Merchant Shipping Act was had the right to refuse his application, inconsistent with the local Urdinance, and he might have to go farther
Mr. d'Almada replied that the incon Captain Taylour said that as rega sistency was that whereas the local Ording the first point-that the eridence auce, give him power us a stipendiary insufficient for a conviction"bo//TOSH magistrate to deal with offences committed, opinion, thus, the evidence, RIA 83/2 within the waters of the Colony, the Mor? As to the legs) point, he was not j
A
chant" Shipping: Act, did not, amit his to give më decision off-hand – Höngönid power to dealing with auch vomeroon
Street:
menu were (re
page 6.)
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