Page
THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 11,. 1921.
THORNYCROFT
JOHN L. THORNYUSOFT & CO., LIMITED.
SHIPBUILDS AND - ENGINERES,
LONDON, SOUTHAMPTON and BASINGTONE.
Shanghai Office: 10, Kiukiang Road.
15 B.H.P. 30 B.H.P. 50 B.H.P. Engines
in Stock
For quotation apply".
SHANGHAI OFFICE,
FRIDAY'S SPECIAL
Large selection of Plain-Coloured Batswlog Bow Ties In' SIIk, Crepe de Chine, Stik Poplin, and Barathea Slik All Colours. Season's Price $1.50 each,
To make room for New Stock Coming -forward we are offering our Present Stock
for :-
SPECIAL
50
CENTS &
OFFER
85
MACKINTOSH & CO., LTD.,
BY
CENTS
EACH.
Men's Wear Specialists,
16, Des Vœux Rd. Phone 29.
"APPOINTMENT
Apollinaris
NATURAL MINERAL WATER.
Since its foundation in 1872, the Apollinaris business has
4
ALWAYS BEEN BRITISH-OWNED.
THE APOLLINARIS CO. LTD.
Obtainable in Quarts, Fints & Splits at
HONGKONG HOTEL.
REPULSE BAY HOTEL
WING ON CO.
SINCERE CO.
EMPRESS STORE, KOWLOON, and all the Leading Clubs & Stores..
LANE, CRAWFORD & CO.
Sold by
WHY SHOULD
ONE DRINK
No. 10
WHISKY ?
BECAUSE.
[88
228
ONE
OUGHT.
HA!
HA
995
THE STRAITS SHIPPING REQUISITION CASE:
THE JUDGMENT.
STRONG COMMENTS ON GOVERN-,
»MENT'S ACTION.A
Mr. Justice Barrett-Lennard delivered judgment in the Supreme Court, Singa poro, laat week, in the case of the Eastern Shipping Company versus the Attorney General:
This was an action brought against the Attorney General as the representative of the Crown claiming (1) a declaration that the plaintiffs are entitled to com pensation for, the unauthorised expro- priation by the Crown of nine steamships belonging to the plaintiffs,
(3) derinration that the plaintiffs are entitled to compensation in respect of the unavoidable deterioration of certain
HOTEL RESPONSIBILITY.
ACTOR'S CLAIM AGAINST EUROPE HOTEL.
Judgment in the action for $300 dainuges, brought by Mr. Phil Carlton, of the Bandman Opera Co., against the Europe Hotel, Singapore, for articles
by Mr. 1. A. F. David in the District Court last week.
THE WORLD THEATRE.
Tuesday, 9th to Thursday, 11th August 9.15 p.m.
alleged to have been stolen, was given THE WONDERFUL DRAMATIC PRODUCTION
"THE VENGEANCE OF THE WILD »
His Honour said: In this case the plaintiff's claim was for the loss of a despatch box and its contents which he alleged was abstracted from the bed- room in, the defendant's hotel some time during the night of January 11th, 1991. Evidence was given by the plaintiff and his servant to the effect that the box was taken to the room, with other luggage, in the afternoon. The plaintif left the 2.15 an hour later. The latter says he locked roon at 8 o'clock and the servant half 7.15 ..
&
Starring
CHARLES WHEELOCK & LORAINE. OTTO.
Pathe's Gazette and Romeo & Juliet Comedy.
13th & 14th Episodes of MOON RIDERS.
marine stores left in their hands when the door but when he returned at 10 8.15 p.m. TO HONOUR & OBEY ".
such expropriation took place,
and (3) a declaration that the plaintiffs are entitled to have such compensacion assessed by or under the direction of the Court.
it was open. In spite of this fact be did not look to see whether his master's Property was in order, but went to sleep on the verandah and later in the bath. room above. He admits that he did not
The Attorney-General confessed the lock the door, and it seems probable right of the plaintiffs to declarations (1)
that he did not even close it properly, and (2). The answer made to the prayer plaintiff himself returned after mid-
for it
still open when the for declaration No. 3 was that the steam ishipa were requisitioned by the Governor night. The plaintiff did not call in exercise of the power for that purpose the boy tu explain this Fact. vested in hint by clause of an Imperial neither did he look to see whether his Order
in Conacil dated October 8th, 1506, valuable box was safe, but he went which was published in the Dependurstraight to bed and discovered the loss on August 6th, 1914, and that under clase in the morning. From the story told by 13 of such Order any compensation due these two witnesses it seems fairly cer- to the plaintiffs must be assessed by a tain that the door was left open and Board consisting of live persous, of whom unguarded from 8. o'clock ouwards. one shall be a Judge or Stipendiary Magistrate, two shall be Officers, either in the Service of the Civil Government, or His Majesty's Naval of Military Service and the other two shall be inh
inhabitants of this Dependency. The plaintiffs' counsel stated that no objection would probably have been raised to the tribunal described if the Chairman of it had been one of the Judges of the Supreme Court.
But the learned counsel intimated that the plaintiffs will not voluntarily refer their claims to such a Board as the Government constituted.
His Lordship in the course of his judg ment reviewed the arguments in the case and said: The notion that the Crown.. in the exercise of the prerogative, can..
13 50
reasons.
There was some suggestion that the whole story of the box and its loss was invented by the plaintiff for the purpose of explaining his failure to deliver certain accounts to his employer: I do
consider is necessary to express any pinion that because I think there is ample evidence of negligence on the part
the plaintiff and his servant sufficient to relieve the defendants from liability. Judgment" for defendants.
THE LAND BOOM IN SHANGHAI."
during a period of peace, subject the A few weeks ago. says the J.-C. Daily inhabitants of a British Dependency tories, we alluded to the land boom now. obligation wholly at variance with the taking place in Shanghai, with parti fundamental
concepts of our constitution cutar reference to the eagerness with startling that should be slow in which plots along municipal roads were yielding assent to it. It is not, however, being snapped up. One of the most in- point for thron conclusion upon teresting, of these recent sales, parti-
sary to reach First, the plaintiffs' ships were expro- printed on the 5th of October, 1918, he this inpire most certainly was at war. aid the legislation no doubt justified Thus it may very well be that if each expropriation were awful, the resulting claim for compensation ought to be assess ed in the manner mentioned in clause 13 of the Order of 1896.
THE EXPROPRIATION.
cularly in View of the name the place bears, is The Skipper's Folly, a property far out on Hangjao Road. The land here has realized Tls. 1,300 per mow. Folly indeed, the Skipper was a farseeing man, as probably he bought that particular lot for about Tis, 50 a mow. It is dif-| ficult to know what to think about this present boom.. Prices in almost every case are above the economic value of the property, and it seems safe to say that Secondly, I am of opinion that, the there will be a reaction sooner or later. plaintiffs ships never were expropriated But will the reaction be in the nature, in exercise of any powers conferred upon of a collapse The Chinese who are the the Governor of this-Dependency.
Thirdly, and in the alternative, the principal buyers of land apparently Crown is not now at lilty to invoke think not. Their object is to find a safe clause 13 of the Order of 1588. Clause 8 medium for their money, and apparently enacts; The Governor may require any they are content to look for a return a person to supply any animals, vehicles, few years hence when the constant up- in bonts, or other personal property preciation of values will show decent belonging to or under the control of such profits. From an old resident of the person, to the Government, if such pro-
Settlement we have, however, à note of perty be required in aid of or in conno warning. He points out that something tion with the defence of the Colony, and of this kind happened in the eighties in default of the person supplying the when a considerable boom was followed same, may seize and take possession of by an equal slump. bringing ruin to and retain any such animals, vehicles, many. At that time, as to-day, he points bouts, or other personal property for such out, the advertisements in the papers Clause 4 of the amending were all for offices to let and very few purpose. Order enables the Governor to delegate houses. yet shortly afterwards poople the power above set out to the naval or were glad to let these offices as flats. It is difficult to discover whether any real
the military authorities in the Co the parallel between the two cases exists,
The notice of the intention to seizo
plaintiffs, ships is contained in a letter but one is never far wrong in looking to
the subjoined form. It is addressed to history for guidance. the plaintiffs Managing Director and is signed by the Colonial Secretary, Mr.
F. S. James.
Sir, In view of the refusal of your academic interest only. But if the plain- Directors to sign the Charter-party tiffs had sued persons who purported to under the Liner Requisition Scheme I have to give you notice that as from the would have been of the greatest import
act under Governmental authority, it 7th instant your vessels
ance from the view-point of such persons 8.8. Fungal 9.9. Perak
E. P'erlis
to establish that the seizure was not in 8.5. Jin Hu
8-8. Renong
invitos. For this reason, i abstain from 6.5. Omapere ms. Pin Seng a.s. Chirbi will be removed from your management and in future bo run and managed by Mr. Quah Beng Kec.
expressing the view which I have formed upon the point.
"SOME COMMENTS.
2-You will, therefore, hand over all necessary documents and supply all
Before parting with the case. I think it information
desirable to comment on two matters. to that gentleman, as he First, there would, probably, have been may require." This is not such notice as the Orders no trial at all had the Colonial Secretary in Council contemplate.
shewn wisdom and toleration during the Persons whose property was about to be seizeil --had an negotiations with the plaintiffs' Board of absolute right to a notice or other docu: Directors. His view as to the rights of ment. signed by the Governor, or by one he sought to enforce it by language
the Crown
was quits unfounded, sad yet of the persons mentioned in the amending other conduct calculated to
and Order
in Council, and containing a recital feelings of the gentlemen in question and
or reference to clause 6 of the Orders in
Council.
In my opinion it was incum- awaken great anxiety as to whether ade- bent on the Governor to pursus strictly quate compensation ever would be paid. the authority given to him.
A
to
official natitude subsequent to
With reference to my third proposition, the seizure of the ships, the best comment, the Governor in Council, in order to place perhaps, is that the Attorney-General's the plaintifs entirely at the marcy of defence of it. This brings me to the last advocate has not advanced one word in the Crown, deliberately elected to waive any possible title traceable to the Orders matter. I noticed, not with surprise, but of tho
with regret that
in Council. In my opinion that election Law Gfficers thought bent on him cannot now be ignored in order to force the plaintiffs before a Board to the con stitution of which they object. I have now disposed of all the defences.
to appear at the bar.. Now, according to an-usage grown venerable with age and not lightly to be broken in upon, the In my opinion that plaintiffs are clearly British Dependency expect that the Courts in England and in every to the three declarations, which they seck and to the costs of this action. cases to which the Crown in a party, it of Attorney-General will conduct before them The plaintiffs arge that, the first declara-
difficulty It
entitled
to
tion should be profaced with an expres. grat public importance or sion of opinion on the part of the Court is not in my opinion, consistent either that the Crown wrongfully trespassed with the dignity of this Court or with upon and converted the nine ships-to-its of the Government that the ancient own' use.
There is no occasion for any be neglected But I hope it will never
practica to. which have referred should I expression of opinion in the formal Order
the ground on which the liability to be imagined that the Court is not sensible pay.com penastion rests. The plaintifie do of the debt which it owes to those advo
cies in private practice who discharge nob suggest that the measure of the com- Pensation depends in any way upon the the forensic duties of the present Law errors made by Officials Therefore, the their capacity, but is of opinion that their Officers. The Court is fully satisfied as to question as to whether such acts were tor- Faous-or-innocent is, in this action, of presmen alone ja important Crown ROOM is hardly consistent with the spirit of our constitution.
(Continued at food of nest column.)
[1166
LAMMIT" ASBESTOS-CEMENTS SHEETS
The ideal material for Hot climates.
For roofs, partitions & celllogs.
It is light & strong.
It does not conduct heat.
It is practically indestructable.
It does not rust or corrode.
It is insect & vermin proof.
We carry large stocks and shall be pleased to quote prices and give you particulars.
SOLE AGENTS --
Telephone 1030.
DODWELL & CO., LTD.,
Machinery Dept.
F1128
for SORES Fall Sorts!
Whatever your skin'
trouble-be it a simple cut of.
festering sore-Zam-Buk is the one healer you
can absolutely rely upon. This rare balm is unequalled
for injuries sustained either in the home en workshop, far wounds that fester and get poisoned, for burning eczema and disfiguring sores, and for itching piles.
Within a box of Zam-Buk are stored the most valuable healing, soothing and untiseptic properties known to Science. Zav-Bukis of purely vegetable origin and contains no lard or rancid animal fat whatever, as do common ointments, and its wonderful, character, make it of
priceless value.
The daily successes of Zam-Buk in all parts of the world deinitely prove that it is the world's greatest healing agent!
Of all Chemists & Dealers in Holigkong, Shanghai, etc. Sole Proprietors: The Zam-Buk, Mfy. Co, Leals, England..
7am Buk
The
AUSTIN
TWENTY
A Triumph
of British Industry
Built at the largest automobile works in the Empire and of world-wide fame for the remarkable successes it has attained, in trials and tests, the Austin Twenty demande the instant attention of overseas motorista In the Austin Twenty you have a super-car. at a moderate price. It is a thoroughly tested car, built upon proven principles, and particularly suitable for overseas conditions. Get in touch with local distributors. Į ·
21
Austia
DISTRIBUTING
THE "AUSTIN MOTOR C»., Lid, "Worthfield,
1179