J
APPEAL TO BRITAIN.
LCOME OVER TO CANTON "AND HELP US”
THE HONGKONG" DAILY PRESS, TUESDAY, AUGUST 25mm, 1925
:
SUPREME COURT.
MOTION TO SET ASIDE AWARD DISMISSED.
JAD BANSE, STPEDT
OUTLOOK STILL REMAINS FAR
FROM PROMISING. ↑
{UY ARGUS. }
The share market settlement for
The application by Mr. Deng Toy for the setting aside of an award made by the Hon. Mr. H. W. Bird on September August, which takes place to-day, is com 2nd," 1994, was dismissed by the Chinf Justice (Sir Henry Gollan) in the Supreme Court yesterday morning
zone too promising from whas gatheresi paratively light, but indications ará
in conversation with brokers and clients yesterday.
[“ Come over tą Canton and help us," is the appeal brought to Hong- "kong by a Chinese of the old school, who was a divisional general'in 'àn army, that at one time controlled the destiny of this South until its leader was talked into" throwing in his lot with the late Dr. Sun Yat Sen j The general, when interviewed by a Į For weeks past, guns and ammuni.
Mr. F. C. Jenkin (instructed by Messrs Daily Press representative," was here on tion have been pouring into Canton from Deacons) appeared for plaintiff, and a visit to ascertain whether the British Vladivostok, and no combination of anti- respondents, Lau Tuck & Co., were rehong Stock Exchange, was loath, to com Mr. H. Birkett, Chairman of the Hong- authorities would have any objection to Red armies would have the slightest presented by Mr. C G. Alabaster, K.C..
Austi to any Definite state- hie bringing his family to Hongkong to chances of driving out the present rulers (instructed by fears, Wilkinson and beyond the belief that a fair pre- and safe haven from the Bolshevik (of Canton. Even if the trough revolted,
portion of the settlement would be put through the Russian artillerymen would be able
His Lordship said that the motion was A good many of the transactions will to mow them down like shoep."
under Section 549 of the Civil Code Traceno doubt be settled on the basis of the dure, to set naide no
Ant rate ruling for June, to which, it award made in an is understood, the members of the Share- arbitrator had been guilty of misconduct, arbitration on the grounds that (0) The brokera" Associationarà a consenting
party,
"
To Chinese of the old school." he continued, it is surprising that neither, Britain nor Japan have nilopted stern mewares with the usurpars of authority
in Canton,"
Our representative painted out that, at no time, had the Canton Government been recognised by Britnin or Japan,
Grist)
[
There is a possibility that the Stock
...
FAVOUR REOPENING...
I am doing what I can to persuade my friends and associates to re-open the ||Exchange on Sëptember 1st,” said another
prominent broker.
Should the British, however, decide to occupy Canten, they would have a comparatively easy task, in my opinion, and they could reckon on a hearty weland (2) That the position occupied by the Exchange will reopea on September 1st," come from very large majority of the arbitrator relative to the parties of the said Mr. Birkett, but in view of the inhabitants--not only of Cantor but of arbitration was such that in the circumfact that Hongkong is practically under the entire territory now forced to simu-stances he was not competent (by reason genuine business can be done.
ta blockade, it is doubtful whether muckh He replied that, at any rate, the Hobgate allegiance to Canton.
We are kong fiovernment had had a working
of interest) to act as arbitrator. But inalt waiting until the return of more arrangement with those in power in
Since my arrival here, my friends--
"normal times,” Canton mul, with the exception of the both Chinese and European-have told the course of the hearing, Counsel for Shameen strike last summer, the relation-
me that the British Government do not the applicant asked that instead of set- ship had proved satisfactory. While yet realise how serious is the position in ting aide the award; the Court should admitting that the Canton authorities in Canton and possibly expect it to return order that the matters in dispute should the past had done practically nothing to
to normal in few months as so often be referred back to the arbitrator for earn the goodwill of the people, at least, has happeurd before.
This man expressed the view that the he said, they had not trampled the traders of the Daily Press that at notre consideration. Buder foot is
time since the revolution have the people was being ilong by those of any province in China been in auch dated September 2nd, 1922, and an agree would prove all to the good.
The material facts were that in a tender resumption of business-domover umall-
It would now in power.
serious straits. Our people depend on ment of even date, to which a specificaeasure & genuine quotation all round, 1 can sUP! no hope for us unless Hongkong for their means to live and tion is scheduled, Lam Tack & Ca, who would restore the confidence of the general Britain occupies Canton until such time with the interchange of commodities com-are. the building contractors, agreed to public, especially the Chinese, and might as the Bolshevik menace is thing of pletely stopped, we must both go to the build two houses er Inland Lot 2200 for tend to convert the managers of the The past, ha continued. Foreign troops wall antess help is sent to us, without the applicans Dong Toy, on the terms Brit, American and Chinese Banks to kept order in Tientsin after the Boxer, delay. outlireak until trustworthy Chinese were
and subject to the conditions contained a more generous frame of mind.. found to reassume the reins of Govern
The Russian and Chinese Bolsheviks in this doeunient. The houses should have Continuing, this broker said that bo are continually telling the waverers that been completed by August 22nd, 1893, | believed the amount still unsettled was 2212612
Britain has an intention to interfere, and but, partly at least, owing to landslides, between 15 and 20 lakhs. In some cases, they are perfectly aware that neither completion did not take place until March there was a genuine desire on the part Peking for Mukden will more against 31st, 1921, several months after the agreed of defaulters to meet their liabilities in "them unless they have at least one of date. The applicant entered into posses some shape or ferm.
the Powers behind them. The one thing*ion on April 1st, 1924.
Cantan today is in a worse plight
than ever Tientsin was,
I can Assure
The British Government, it is true, asy argue that we Chinese pleaded at the Washington Conference to be allow ed to be musters in our own house. We, the Russians in Canton fear is an attack The serenth certificate for the payment
hare given ample proof that we are not from a force with up-to-date weapons. fitted for the task. I am a soldier and This convinces me that Britain has only widing to fight when discretion is not the got to demonstrate, that her patience is
better part of valour.
ů
TO-DAY'S MEETING.
CABLE TO PREMIER REVISED.
ULTIMATUM
ΤΟ BE DEMANDED.
The promoters of the public meeting which is to be held at the Theatre Royal this evening, have added wider, more nvincing and sterner demands to the draft telegram which was forwarded for publication in the Daily Fren yester day. These will be incorporated in the original document and embled, to Mr. Baldwin, the Prime Minister.
The new demands inclade & recom- mendation for a direct altimatum to Canton by the British Government.
The last part of the telegram, as now amended, reads as follows:-
"Accordingly the residents of this Colony at a great mats indignation meet- ing demand that the British Government deliver an ultimatum at once to the Can
Con Authorities.
248
open
(a) To restore Canton. Trenty Port for trade between Chineso al the foreign treaty Powers in full accordance with the provisions of the Treaties between China and those Powers, (1) To expel all Bolsheviks from Canton and the Kwangtung Province.
(e). To disarm and disband the so called Whampoa College Cadets, who are in reality Bolshevik trained troops, and send linck to their pative places those who are tot Cantonese.
(4) To cease boycott of British goods, (e) To cease anti-British propaganda. Enter threat of
*
Complete naval blockade by Britain
el Canton and its neighbouring waters
and such other action as may prove necessary."
|
exhausted, to save the situation.,"
THE M.S. "ESQUILINO""
YESTERDAY'S - RECEPTION ON
BOARD ITALIAN VESSEL.
The new motor ship Esquilino built for the Lloyd Triestino B.N. Company at the San Rocco Shipyards, Trieste, arrived in Hongkong yesterday morning on her maiden voyage to the Far East, and tied
at the Kowloon wharf next to the Empress of Canada,
In honour of the occasion a reception was held on board during the afternoon, by invitation of the captain, Commander G. Nicolich.
A large number of local residente took advantage of the invitation.
of $15,000 in the specification was issued Mesra Palmer and Turner, which left on January 24th, by, the architects, only a balance of $10,000 to be paid to
There were, however, far too many who refused to face the mosie," some even treating the matter as a joke. who could, meet their liabilities by realis There were undoubtedly cases of men, ing on land or building property. It was true that money was owing to them by other dealers, but that did not excuse them from settling their own debts.
Messrs Lam Tuck, out of the agreed sum of $50,000 mentioned in the agreement. In consequence of landslides extra work had to be done to complete the houses, A settlement, one way or the other, and on April 2nd, 1924, the architects has got to be reached, and the genuine issued a certificate for the payment to dealers are determined that those who Lam Tuck of $10,000, but the applicant can settle-admittedly at a sacrifice that the extras refused to pay this sum on the ground shall be compelled to do so even if it damage enused by landslides, and that in Summing up the situation all round
were mainly due to entails an appeal to the Courts. Clause 38 of the specification Lam Tuck I am, of the opinion that the outlook is had to make good any such damage.
still far from promising, though the Correspondence" passed between up-knowledge that the Commission is com plicant on the one side and Messrs, Palmer posed of men determined to probe to the and Turner on the other side, and on root of the evil is already having a bone- June 4th, 1994, the former had an interficial effect in certain quarters, where view with Mr. H. W. Bird, a partner in previously a spirit of nonchalance was the firm, who was the arbitrator named but too evident. The majority of those, in section of the specification, to whom to whom money is due, admitted that disputes between the parties to the during the last week their debtors had | been making a genuine attempt to come At this interview applicant insisted that to terms. be was not liable to pay the contractors for any work due to damage caused by The cabins are neatly arranged and landslides, and that the full penalties for Another objection was: By not having tastefully fitted. The colour scheme on delay in the completion of the houses regard to the whole of the terms of the the upper decks of white coamelled paint should be imposed on them. He also coin-agreement between the parties. Counsel work, relieved by mabogany wainscotting. plained of bad workmanship and failure for applicant contended, that the arbitrator gives a for appearance. Everything to construct a sullage water drain mention should have referred to the relevant possible has been done to provide for theed in the specification. Mr. Bird express clauses and documents in this matter, and comfort of the saloon passengers. Ample ed the opinion that the contractors were that he did not do so. The arbitrator deck space is provided for recreation. not liable to make good "damage done by said he looked at the clauses mentioned The cabins and dining-room are situated landslides.
by applicant, with the exception of Classe amidships on the hurricane deck, which The architects sent a letter to applicant 35, which he knew well. The parties had covers about two-thirds of the length of on July 2nd, saying that they had decided chosen their tribunal deliberately and this the vessel.. On the promenade deck above, to allow Lam Tuck three months' extra Court was not called upon to examine are the drawing room, smoking-room, read. time to cover the extra work due to the with meticulous eare the methods adopted iag-room and music, roon.
twa landslides, leaving four months by the arbitrator in coming to a decision, penalty, or 89,400 to be deducted from provided there was nothing radically Lam Tuck's halance.
wrong in hix, behaviour.
شر
On arrival on, board, they were con ducted over the vessel by the Captain and
his officers.
During the afternoon the visitors were entertained to tea and refreshments, to the accompaniment of music by the Hong kong Hotel orchestra.
agreement were to be submitted.
Counse) had contended that this letter
The next objection was: That the showed that Mr. Bird had made up his arbitrator did not give suficient notice The vessel is the first of four similar mind Scally and conclusively against the of all the matters in dispute that were ones under construction at the Sap contentions raised by the applicant, and to be arbitrated upon. It was true that Rocco Shipyards, Triest, for the Lloyd that it would therefore amount to a mis-the arbitrator himself did not state the Triesting SN. Co., all of which are tocarriage of justice to allow the award to matters in dispute between the parties, The ultimatum should also state that n be placed on the Far Eastern Service,stand. But there was nothing in that but they were stated in applicant's Chinese Administration must be establish- Launched in January last, she was com-letter to show that Mr. Bird's mind was letter of June 7th, 1924. He thought ed at Canton which will observe to thepleted within six months and is a passen- not open to argument Plaintiff refused the partics wore cognizant of the full all existing Treaties between China ger and freight vessel of 10,800 tons fitted to give up his contention and Mr. Bird matters to be dealt with in the arbitration. and the foreign Powers
with two double acting four stroke gave notice of arbitraton proceedings on His Lordship saw nothing in this Burmeister and Wain type Diesel engines July 7th, and on this date the hearing took objection. of 5,800 h.p. which ensure a speed of 13 place. Against the procedure at
vhe It was alleged that the nrbitrator show- knots. Apart
arbitration applicant raised certain objceed bias and refused to admit evidence. Mesara Dodwell & Co., Ltd, are the tions, which he alleged constituted mis His Lordship saw no grounds for either of local agents for the Lloyd Tresting Line. conduct on the part of Mr. Bird. One of these statements.
It is the unanimous opinion of this rupeting that the above course is the only effective method of restoring communier tions and trade between Hongkong, Can- tor and South China and of preventing
The paragraph concerning the dislo eation of shipping has also been changed and now reads, as follows:-
PLUCKY ACTS REWARDED.
EUROPEAN TO RECEIVE A
PRESENTATION.
the economic destruction of Hongkong The Esquiling which leaves to-morrow the objections was that the arbitrator It was also alleged that the arbitator and of British interests in the Treaty for Shanghai, Yokohama, Kobe and heard the parties separately and in the showed haste and in such manner that an Ports of South China."
Moji, is scheduled to sail from Hongkong absence of the other. This was the most injustice might have been done to the for Brindisi, Venice and Trieste on important ground on which the award was parties. The procedure was informal, and September 7th.
questioned, and it was strongly insistedit certainly would not be said that any upon Mr. Bird, cross-examined, said that time was wasted by the arbitrator, but Is 1924 the total shipping of all clasica
both parties were present at the hearing. Clause 29 of the specification which pro- entored and cleared to and from Hong.
and was supported in this by Mfr. Ogilvie, vided for the arbitration, was in very wide kong was 70,530, vessels, totalling, 07
an assistant in the firm, and His Lordship terras, and gave large discretion to the inillion tona. From January 1st to June
was satisfied that the evidence gives un arbitrator. He could not say that the 110th leat the average, daily number of
behalf of the respondent was correct. procedure, however informal and hasty, vesels entering and clearing Hongkong
Another objection was that the did, in fact cause injustice. was 60 venaels, totalling 98,600 tons.
arbitrator failed to decide all the matters Fresentations will be made at Police in dispute between the parties. The had beep, if substantiated a fatal allegation The most serious, and it would have Since the crisis, started, the average daily number entering and clearing Headquarters to-day, by the Captain workmanship point had been remedied of misconduct against the arbitrator, was Hongkong has been 34 vessels, totalling Superintendent of Police, when the and, the drain constructed, but the ap that he heard the parties separately, and 25,319 tons bat these figures include recipients will be Mr. F. J. W. Focken plicant alleged that it was not in con- he gave support to this allegation by the P&O., Biva: Funnel, President, and (of Meer Alex. Boss & Co.) and anformity with the requirements of the statement contained in his letter dated. ather vessels not allocted by the strike. Indian constable, who were instrumental specification. The arbitratur, under cross- September 16th, 1921 in answer to a letter Our Chaton ado, comprising 19 fast in the capture of two men, who had examination, said he thought this state-from the solicitors of applicant. After passenger, bosta has been entirely stopped attempted an armed robbery in Chatham ment incorrect bat undertook to have the hearing the evidence of Mr. Bird and Mr. since July 1st. The average daily num. Hoad last April,
drain properly constructed. The proceOgilvie, His Lordship was satisfied that ber of vessels (including river steamers) When the prisoners were scatenced at dere was informal, but was acquiesced the parties were not heard separately, bat held up by the boycott has been 73, of the Criminal Scasions, the Chief Justice by applicant. In the circumstances Flis he thought Mr. Bird's answer had a great which 45 are British (The number of commended Mr. Focken for his action. Lordship did not think that this greand deal to do with the initiation of these pro- vesels hold up at the present time will One of the men he captured had à ra of objection could be sustained. de given at to-day's mosting).
volver in his posscasion,
(Continued on next Column).
ceedings. In the circumstances the motion would be diamissed with cost
BILLIARD TABLE
CUSHIONS.
We Have Just Received From
R. STEVENS & SONS OF LONDON.
THEIR
PATENT LOW
4
IT IF
RAPIDE" CUSHION.
JAN
* CONSTRUCTED · OF IMPROVED INDIA RUBBER
ON THE MOST SCIENTIFIC PRIN- CIPLES AND IS THE FASTEST THAT CAN BE MADE WILL RETAIN ITS ELASTICITY IN ANY CLIMATE AND IS THE MOST PERFECT CUSHION EVER CON- STRUCTED, FOR THE CORRECT- NESS OF ANGLES, SILENCE, AND DURABILITY. TILE BALLS WILL NOT JUMP NO MATTER HOW HARD THEY ARE STRUCK
Quotations on Application for Fitting These Cushions to any make of Table.
LANE, CRAWFORD, LTD.
SUIT YOUR CLOTHES TO THE GLIMATE
STOCKINGS FOR MEN
From $1 A Pair
WIDE RANGE OF VARIETIES.
WING
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COLUMBIA NEW PROCESS RECORDS
'INDIAN LOVE LYRICS.
1664
1665
THE TEMPLE BELIS LESS THAN THE DUST
THE KASHMIRI SONG
TILL I AWAKE
AT
ANDERSON'S.
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