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WORLD THEATRE
INDUSTRIAL BANK CLAIM~~~ JUDGMENT ENTERED FOR DEFENDANT.
CORRESPONDENCE.
OUR SENSE OF PROPORTION,
"HONGKONG
(TO THE EDITOR OF THE
DAILY FRESS.")
The Chief Justice (Sir Henry Gollan). garo judgment yesterday morning in the
STR-Will you allow me through the ease in which the Industrial and Commedium of your columns to register s mercial Bank, Ltd., sued Chan Pias protest against the vindictive tone which Sham and others. In this caso Mr. C. G. Alabaster, K.C., appeared for plaintiffs, and defendanta ware represented by Mr. F. C. Jenkin.
is gradually creeping into the local Press, and even into official utterances when discussing the present unfortunate Such feeling is bo His Lordship Baid that the plaintiff state of affairs. company, which carried on the business doubt natural under the circumstances of baakers in the Colony, claimed by the but a little rufection should show us that original special endorsement on the writ it is both unwise and unjust to give way in this action, the sum of $17,394.83 to it. We are living, although in a against all the defendants in respect of British Colony, amongst the Chinese with money lent and interest thereon. All the whom most of us must trade in order to defendants entered an appearance, and, live. We cannot get on without the Chin- in due course, a summons was taken out ce nor they, I venture to say in spite under Section 23 of the Civil Procedure of the Canton Government's opinion, Code for leave to sign final judgment without us. It should be borne in mind against them. Judgment by consent was that the present agitation has been care filed against the defendants, the Fook fully prepared and fostered by the worst Cheong firm and Chan Liu Chia, des- elements of Russia for their own ends, cribed as a partner of the arm, but the cooperating with a comparatively amali application was adjourned for one week chique of Chinese, partly malcontents out as regards the remaining defendant Chan to line their own pockets, and partly idealistic dreamers. Able countrymen of Fing Sham
of On December 17th, 1924, a summons was our own with a lifetime's experience taken cut for leave to amend the writ as China have left on record their opinion regards the defendant Chan Ping Sham, that the Chinese generally, particularly so as to include an alternative claim in the poorer classes, are a'kindly, peses- the following terms: And against the able and industrious people, but the cun- defendant, Chan Ping Cham, for interest ning of the professional agitator has at 8 per cent. per annum for monthly given to the present movement the.com- rests from November 18th, 1924, to date plexion of a great patriotic demonstra of payment or judgment, and in the tion and when we remember the power alternative, as against the defendant, of a patriotic appeal in our own country the sum and the ignominy attaching to those who Chaa Ping Sham, for $10,000 due on promissory note, letter of fail to respond, we should surely have at guarantee or other contract in writing least na ruch sympathy and admiration made by the defendant, Chan Ping Sham, for the great many loyal Chinese who jointly with the defendant firm, the Fock are continuing in our midst at their re- Cheong Arm, in favour of the plaintiffs gular. duties, as blame for those poor sheep who bave followed their leaders and dated October 20th, 1921."
Lest I should be into the wilderness. taken to counsel leniency to law-breakers and mischief makers, I would urge on the contrary that the penalties for much should be made even more severe that at present and for such an outrage as that committed recently in Connaught Road, The plaintif company base their claim if our criminal code permits, the penalty against defendant on the document which should be death preceded by fogging is somewhat vaguely described as a pro As, however, the perpetrators of even missory note, letter of guarantee, under such a crime as this may be sincere taking to pay, or other contract in writ though misguided, patriots, it is up- ing" in which it is alleged that deferd-worthy of British traditions to exult in ant undertook responsibility for advances made to the Fook Cheong firm up to the sum of $10,000, and in the course of the case no claim was made against the de- fendant in respect of the larger sum of $17,324.53, for which the action was originally brought
Leave to do so was given by order dated December 19th, and on December 23rd the plaintiff company took out a fresh summons for leave to sign final judgment against Chan Ping Sham for 817,324.83 and interest, but leave to de fend was given.
The evidence given on behalf of the plaintiff Company, and not seriously con. tested by the defendant,, was that sub- sequent to the making of the document of October 20th, 1621, advances were made to the Fook Cheong firm by the plain till company, and that at the date of the commencement of this action a sum. exceeding $10,000 was due from the firm
to the plaizti company,
Defendant put forward the plea that he was under the age of 21 at the time he signed the document of October 20th, 1991, and in his Lordship's opinion this was defendant's real defence to the ac tion. On the facts placed before him he held that defendant had discharged the ous of proving beyond reasonable doubt the date of his birth and that on October 20th, 1921, be was under the age of 21.
AMENDED PLEADINGS.
their punishment nor should we make ridiculous rules calculated to make like in the Colony intolerable for those Chinese who remain. No more sedition is talked, for instance on Blake Fier than in the back streets of Wanchai or Ken- nedy Town, nor is there any more danger of this occurring in the evening than during the day.
Leave the Canton Gazette to spit and fume but let us keep our sense of pro- portion.-I am, etc...
July 12th, 1025.
I
SERVANTS' WAGES. [TO THE EDITOR OF THONGKONG DAILY PRESS."]
11
Six-A coolie proserated by Mr. Wylie for leaving without notice, has been ordered to forfeit his pay for the time Mr. Wylie he worked in June, to pay $14 his July pay, in lieu of notice and to pay a fine of $20, or go to gaol.
Law on this matter is therefore per- fectly plain, and let us where possible follow Mr. Wylie's emmpie, or at least follow the lead of the Hongkong and Shanghai Hotels, Ltd., by paying ne wages for Jana to servants defaulting in that month, and sould they return,
I put it that anyone paying defaulting servants for June is a traitor to justice and to the workers of all rationalities now doing much splendid service for us. Let as be loyal to them and to our laws and Government, and we can have no regrets-Yours, etc.,
Before closing his judgment His Lord. ship did he would like to refer to the frequency with which applications for leave, to amend pleadings were made in the course of proceedings in this Court.re-employ them or not at our option and In this case both the plaintiff Company upon our terms, they having broken their and the defendant applied for leave to contracts and being without claim of any amend with reference to matters of great kind upon us, importance. In both cases the material which it was necessary to consider was in the possession of the respective parties long before the case came up for hearing, and in both instances, if he had allowed Amendment serious points would have been raised which would have taken the other side by surprise and caused embar rassment He thought pleadings in an action had almost come to be regarded as polita" intimations to the Court na to the lives on which the parties intended It was obvious to conduct their case. that such procedure tended to lengthen the trial and create uncertainty as to the issues to be raised, and might involve adjournments which were a most fruitful saures of expense.
In this case he found in favour of the defendant, and judgment consequently would be entered for him, each party to pay its own costs.
W. 8. BAILEY. Hongkong, July 1th, 1925. KOWLOON COOLIE CASE.
TO THE EDITOR THE "HONGKONG DAILY #3553."]
SIR-Respecting the case reported in the newspapers where it was stated that the coolie prosecuted by Mr. Wylie was in receipt of $3 per day in his new em- ployment, I beg to say that the man, on leaving Mr. Wylie, was employed as a gardener at Knutsford Terrace at 810 per month only-Yours, etc.,
TRUTH.
Hongkong, July 13th, 1995.
STRIKE PAY IN SHANGHAI. FUNDS RUNNING SHORT,
work in sympathy with the pretent pat- Perhaps the most interesting item in riotic movement. The total amount paid to-day's strike news, says the "Shanghai out in doles so far, the Belief Committee Mercury of June 4th, is the announce states to be 8480,000 leaving, according ment which appeared in the Chinese to their statement, the sum of 338,000 in press this morning in an advertisement hand at present. Certain curtailment strike pay is amount of inserted by the Chinese General Chamber in of Commerce in the Sin Wan Pao to the also announced in the Shanghai Journal effect that approximately half a million of Commerce, viz., 84 per month. It was dollars has been handed over by this body also resolved at yesterday's meeting of the to the Strike Belief Committee for dis- Relief Committee to ask the Chamber öf tribution among the striking labourers. Commerce to send men to take over the The advertisement stated that $450,000 work of the Committee, on account of and $12,000 ton-cent pieces had been the large number of strikers and great handed over of which amount 20,000 in difficulty experienced, in dealing with being reserved to pay compensation to them
the
the families of the victims of the Shang-In comparison with these figures given hai outbreaks. Besides these amounts, by the Belief Committee, it may be in- 8191,044.29, Tis 22,787,14 and 7,000 tea-teresting to compare the amounts paid cent pieces and 94,450 coppere have all out within the past month with the beer Beat to the Back of China, Shanghai number of strikers, including seamen, Commercial Bank and other native banks policemen and boys" who are receiv
ing dolee. According to the statistics by the Chamber treasury
of the local Chinese Labour Union the total is 109,242, exclusive of 2,000 seamen, 2,500 workers in foreign firms and 30,000 wharf coolies. In respect to the latter class of labourer, the Chinese press also reports that they are attempting to form a union in order to facilitate them in their activities,
A meeting of the Relief Committee held yesterday reported that since the inaugu ration of itsdif, 25 days ago, $400,000 has been received from the Chinese Chamber of Commerce and 880,000 from other sources for distribution as a relief mea aure among strikers who have struck (Continued on next Voluma).
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