Page
CANTON TRADE.
CHINESE REPORTS ON INTIMIDATION.
REQUEST FOR REPEAL OF
TRAVELLING TAX.
Our Chinese correspondent writes that after a remonstrance from the Soviet Advisors, the "Prince" clique of the Kuomintang Party bas decided to direct its followers not to interfere further with Chinese passengers going to or coming from British steamers 10 order that
diplomatic complications may be avoided. Whether there is any ground for such à report it is difficult to determine. Although intimidation is not so openly practised as it was a few days ago there is no improvement in the passenger traffic. The Lungshan came down from Canton yesterday with under seventy passengers. The Tung On brought over 1,000. The Chinese owned boats are now having to refuse cargo in order to pro- vide the necessary accommodation for the
THE HONGKONG DAILY PRESS, THURSDAY, NOVEMBER 4TH, 1926
WOULD-BE PASSENGERS
ASSAULTED."
-POLICE LOOK ON BUT DO NOTHING.
[FROM OUR OWN CORRESPONDENT.]
CANTON, October 30th.
It is quiet in the city, but Chinese who wish to board the Hongkong, Canton & Macao S.B. Co.'s steamers are openly threatened or pushed off. I noticed yes. terday when any Chinese approached the entrance to the wharf, certain of the Seamen's Union ordered them not to go, but to go on the Chinese owned boats. If no notice was taken of the threat, the would-be traveller would be assulted, and if rickshaws tried to approach, there were turned away by force.
I saw many policemen, in the vicinity, who concentrated on directing traffic but took no heed of cases of open intimida-
tion.
MATERIALITY OF BANK
NOTE NUMBERS.
POINT RAISED IN CLAIM AGAINST H.K. BANK.
REFUSAL TO PAY ON MUTILATED $300 NOTE.
i
LIABILITY OF BANK DENIED.
Continuing, Mr. Fitzroy said the con- cluding paragraph was to the effect that the absence of the number prevented the Bank from identifying it as one of their notes, that they could not obtain from the Government the sum of $500 deposit- ed in respect of the note, and that they would continue to be able to a ták of 1 per cent.. per annum on the value- of the note, Mr. Fitzroy said that the deposit was only two-thirds up to twenty millions, but the full amount if more.
Mr. Potter said that they had forty- five millions.
Dealing with the tax, Mr. Fitzroy said
they would only have to pay the note and strike it out; then they would not have to pay the tax.
An extremely interesting case, and one of considerable importance in connection with bank business, was heard at the Summary Court yesterday before Mr. Justice Wood. During the case, Mr. Eldon Potter, who appeared on behalf of the Hoogkong and Shanghai Banking Corporation, raised the point of the im-to strike it out? portance of the materiality of bank note Mr. Fitzroy said, that they could do numbers in relation to the payment of so because they only recorded the aver such notes tendered.
age value of the notes, and not the numbers.
The question which his Lordship is called upon to decide in this case is
I hear that the Chinese owners of whether a bank is liable to proceedings steamers on the Hongkong-Canton ran if it declines to pay out on a note which
Mr. Potter: But how are we going
The plaintiff, in the witness-box, gave evidence bearing out Mr. Fitzroy's open- ing statement, and, in reply to Mr.
large numbers of passengers who now contemplate buying the a... Zuul Beau has been, so mutilated that the numbers Patter, she said her husband was in thei
wish to come to Hongkong.
An old Chinese Woman who Was
able t
and Charles Hardouin, which are now and date are missing, although the de- lying idle owing to lack of funds. nomination and signatures are decipher. The plaintiff is Lo Lee Shi, a married woman, lying at No. 27, Wellington She sues the Hongkong and Street, Shanghai Banking Corporation for 8500, When the rote in question, which had been reduced to a state of pulp after baving been washed, ironed and wrung whilst in the pocket of an under-garment, was tendered to the bank, payment was refused in view of its state, as the num ber and dates were missing, and it could not be identified as a specífic bank note issued by them.
It seems
Our Chinese correspondent states that the Canton Hotel Union are asking Mr. assaulted by a dozen of the pickets at T. V. Soorg, the Finance Minister, to
the entrance to the wharf, was protected repeal the war tax of twenty per coat 5y a European Customs officer, who in on travelling tickets, This tax, 15
turn was about to be assulted when the
police interfered. already reported, has had a very ill-Change that the Chiness police take no effect on passenger and hotel trade.
steps to interiere in assaults on their The Kuomintang has denied the peti-own nationale, though they have orders tion of the owners for the release of the to protect foreigners: These glaring cases of intimidation are enough to scare the s.s. Shing Ping and Bs. Sin Wah, two
Chinese, and it is no fault of the cargo boats which formerly were on the Canton- boat people if they refuse to ship cargo Wuchow" run.
These boats have been on the Hongkong, Canton & Macao S.B.
Ca's boats held because opium was found on them some time ago.
Gordana Formed.
I have just learned this morning that half an hour before the Fatihan left, some Chinese in plain clothes pat a
Cordon across the street on both sides of
Mr. H. Somerset Fitzroy, instructed by Messrs. Lee and Russ, appeared for the plaintiff, while, as mentioned, Mr. Eldon Potter, K.C., who was instructed by Messrs. Johnson, Stokes and Master, appeared for the Bank.
At the opening, Mr. Potter pointed out A mistake on his part in his statement of defence, where reference was made to the date of issue on the note. He ex plained that the dates of issue were not
November 7th being the anniversary of the Soviet Revolution, the Soviet High Commission advising the Kuomintang in Canton will hold a celebration. Chi nese will also bold a mass meeting at the Chungshan or Dr. Sun Yat Sen Univas. / Police, will not or cannot take any steps printed on the notes.
sity.
the steamer, so that all trafic was stop ped and no Chinese could go on board. The position is getting worse and the to stop this illegal interference.
habit of presenting her with $300 notes.
Mr. Fitzroy, said that was his case, after which Mr. Potter said he thought| they might have heard Mr. Fitzroy on the law. He was prepared to state his view at any time.
His Lordship (to Mr. Pötter): Do you wish to submit formally that there is no case t
Mr. Potter agreed that he was pre- pared to make that submission.
Mr. Fitzroy then addressed his Lord. ship on the law relating to the case, and quoted numerous authorities.
Mr. Potter spoke at considerable length on the necessity of banknotes retaining their numbers, and produced many authorities.
Materiality of Numbers. Continuing his address in the after- noon, Mr. Potter spoke for over two hours, dealing with the question of the materiality of banknote numbers. In support of this he produced a Banking Dictionary, and proceeded to detail the method employed by banks, and espe- cially the Hongkong and Shanghai Bank- ing Corperation with regard to the issue
ments, etc.
CANTON TROOPS FOR DISTINGUISHED VISITORS TO together with another of the same de of them and crossing them out after pay-
THE FRONT.
GENERAL LI TSAI HSIN PREPARING TO LEAVE.
MANY MORE MEN NEEDED,
(PROM OUR CHINDGE CORRESPONDENT.]
I reported yesterday that word had been sent from the Pinghsiang headquar¦ ters for General Li Tsai Hsin, the acting Commander-in-Chief, to go to the front.
It is now reported that General Li is preparing to leave for Hunan, Hupeh and Kiangsi; some reports even state that he is already on his way. While in the ordinary way General Life departure might not have much significance, many Chinese now consider that it provides corroboration of the reports that General Chiang Kai Shek is in some way in capacitated.
Among others who may have to go the front soon is General Chien Ta Chun,
CANTON.
ון
11
Dr. H. H. Kung, Mrs. Kung, and family arrived at Hongkong on their way to Canton yesterday,
Dr. Kang, who was Associated Director of Sino-Russian Affairs at Peking for a time, is a brother-in-law of the late Dr. Sun Yat Sen Mrs. Kung is a sister of Madame Sun Yat Sen.
Dr. and Mrs. Kong are to visit their relatives in Canton. Mr. T. V. Soong,
mintang Minister of Finance, is brother of Madame Sun and Mrs. Kung. Mrs. Kung herself was at one time private secretary to Dr. Sun.
Among others to visit Canton, either on personal or public affairs, will be General Li Lieh Chun, a former Tuchun of Kiangai, and Dr. C. T. Wang, a former Minister of Foreign Affairs at Peking, »
It is understood that these gentlemen are expected at Canton in the next few days.
Mr. Fitzroy said that the action was brought in respect of a Shanghai note for $500 which the plaintiff had obtained,
nomination, from her husband some time in June, 1993: The plaintiff, upon re- »Mr. Potter went on to point out the ceiving the notes; placed them in the importance of carefulness being used in catch pocket of an under jacket where the procedure adopted with regard to they remained for some time. On wash- notes of this character. He emphasised ing day, the woman proceeded to wash that if the presenting of notes issued in this jacket, unfortunately not removing Hongkong could be rly easily attend the notes when so doing. Having drieded by forgery this would have a bad the jacket, the woman proceeded to iron it and it wr "not until this stage in the proceedings .bat she became aware of the presence of the notes. The iron coming against something hard, she examined the pocket and removed from it a lump
of pulpy material.
Oze Note Paid.
effect on the trade of the Colony on the bank, in view of the system of cur- rency of the Colony. Under the present system, as soon as notes were in they were destroyed. The Government were notified and other notes were issued in
their place.
J
Mr. Potter submitted that both for the sake of the public and the bank it was impossible contend that the number. of the bank notes was not material.
Mr. Potterthen went on, to deal atil
great length with the importance of the materiality of numbers, and referred to and quoted numerous legal authorities and cases bearing on his point.
Preserving Negotiable Instruments,
The plaintiff gave the bunch of paper representing the two-notes-to-her hus band who went to the Bank where he saw Mr. Beveridge. The latter declined to pay out on the notes until they had been opened out from their lumpy state. The plaintiff's husband succeeded in opening out one of the notes and payment was made on this. He failed, however, to Mr. T. V. Soong has been in Hongkong separate the other one, but on November during the last few days in connection 19th he had succeeded it opening it out, before the days of the Bills of Exchange It had been placed by authorities, even with the arrival of these important but it was in pieces. Payment was Law, that the purity of negotiable instru visitors and also to attend to some busitused again because the number and date ments should be preserved. The $500 ness connected with the Central Bank of Canton.
were missing. The husband had another try by piecing it together on a piece of note in question was a promissory note transparent paper, and took. it to the issued by the bank and payable on
demand. Bank on November 17th, but again pay. Mr. Potter submitted that it was now nient was refused.
After that, the matter seemed to have too late in the day to argue that the
material part of the note.
:
LUCKY INSPECTORS.
the present Garrison Commissioner in WIN FANLING HUNT $2 SWEEP been left for a time, but on May 17thamber of any banknote was not
Canton. During his absence, General Hu
this year, the man again went to the Chien, of the 8th Corps, would act as Acting Chief Inspector Morris and Bank, in company with Mr. Morris, who Garrison Commissioner.
Inspector J. Mosa, both senior members was the headmaster of a Government of the Hongkong Police, are the lucky school: Payment was again refused, with During the last few days large nam cint holders of the winning ticket in the result that the present action was
started. bera of troops have been rushed to the the special 82 cash sweep of the Fanling
What is Left. fighting districts by way of the Ewang meeting. The number of the winning Hunt at last Saturday's steeplechase tung Section of the Canton-Hankow ticket was 5,457, and the prize paid was duced in Court in a glass frame, and had original claim or contract. In this ease,
89,537.15.
Railway. The Kuomintang forces are not making much progress now except in Fukien, where the evacuation of Changchow by the "anti-Reds" has been zeported from Carton sources.
Anti-Red agents are spreading reports in Kwangti inland districts that the Kuomintang expedition to the North has
·involved heavy casualties and arẹ warn- ing the people to consider twice before responding to the Party's call for more recruits. This, of course, has affected the work of the recruiting agents and General Chen Ming Shue has suggested conscription as a last resort.
On the other hand, Wuchow sent 9,000 men to Canton just recently and the Peasants' Corps near Wuchow, some 400 strong, have written offering their services in the fighting line.
MR. WANG CHING WEL.
NEW CHAIRMAN OF THE.
KUOMINTANG.
Ticket No. 10,353, owned by a Chinese lady residing in the Central district, drew the second prize of $2,724.90.
Two prizes for unplaced starters, each drawing $434.15, also went to Chinese. One of these tickets was purchased on the course and the other was bought be fore the meeting.
MANILA'S EARTHQUAKE RECORDED AT HONGKONG. The Manila earthquake of November 2nd
recorded at Hongkong as follows:-
Beginning masked by microseims, but probably at th. 31m.
W68
The fragments of the note were pro been arranged as far as possible to make up a complete note Mr. Fitzroy explain ed that this had been done by Bir. Dovey, the Government Analyst, since the action had been brought.
It had been held by law that when, a bill was materially altered there was nothing more to be said about it, once it had been avoided. But in the case of a hill, if it was proved that the alteration was innocent or accidental, then an action could be taken on the
however, plaintiff could only, ane on the note as there was no contract apart from this. As the note had already been avoided, he submitted that there waa nothing more to be said.
The principle involved in this case left Dealing with the statement of defence, the bank no alterative but to fight this Mr. Fitzroy said in the first paragraph action brought against them. It would the defendants denied that it was a bank have been much cheaper for the bank pote, and that it was impossible to to have paid the $500, which, taken in identify it, while in the second paragraph relation to the bank's standing, was no they admitted that it was a bank note. thing to them. But the principal forced Mr. Eldon Potter said that was in the them to do otherwise, as the creating alternative; they could have twenty de-of precedent would be disastrous. fences if they liked.
This was a case in which the note had
His Lordship said there was nothingPlaintiff's Own Negligence. practical turning on that. Holding up the note, he asked Mr. Potter if the been mangled or destroyed by the plain. tiff's own carelessness. It was not E pieces of paper were the bank note.
Mr. Potter replied in the affirmative. case, such as he had previously referred Dealing with the second paragraph of to, in which the note had been destroyed the defence, Mr. Fitzroy observed that or spoiled by the carelessness or neglig the defendants said the note had been ence of a stranger, or a case of accid- materially altered since its issue by them, ental spoilation. There was no stranger Maxima Et Th. 34m. 30s, and Th. 38. and contended that such alteration was in this case, but an he had said, the 8. amplitude 3 mm.
due to the Laches or negligence of the alternation caused was entirely due to Origin about 000 miles from Hong-plaintiff while the note was in her posses-the plaintiff's own negligence. kong; movements died away at 8 am.
Beginning of secondary and surface waves hot distinguishable.
ܐ܂
i
It is stated that the. Kuomintang
WEATHER REPORT. leaders in Canton on November 2nd heard direct from Mr. Wang Ching-Wei, Last night's weather report, forecast the former Chairman of the Party, that and remarks, issued from the Royal he is on his way back to Canton to re- Observatory at 4.30, stated: sume his Party activities.
Changes are small since this morning. Mr. Chang Tai Yin,
The Kuomintang វ
typhoon appears to be nearly station- leader of the Right or anti-Bolshevist áry about 250 miles E of Manila,
Local forecast: N.E. winds, moderate,
MANILA WARNING.
section resident at Shanghai, bas wired
to Generals Ll Tsai Hsin and Li Fab ipe. Lam and Mr. Tan Yen Kai, suggesting that Mr. Wang Ching Wei, Mr. George The following telegram was received at Esu Chien, and other "Red" leaders the local U.S. Consulate-General:- should be punished and that M. Borodin Manila, Nov. 3rd, 11 a.m-Typhoon in and his Rusisa colleagues in Canton about 128deg. Long, E. and 10deg Lat. should be ousted.
N., moving W
sion or custody. He remarked that there If the number had been proved, the was no question that the note had been bank would immediately have paid the altered, and there was no question that note, and the case would never bave come the latter part of the statement was true. into court.
A Spécifc Number:-
In conclusion, Mr. Potter submitted that there was no case to answer.
Mr. Fitzroy briefly replied to the arguments advanced by Mr. Potter, and held that it was a case of pure accident.
In the third paragraph, the defence contended that they were liable to pay the face value of a note bearing a specific number. He (Mr. Fitzroy) admitted that
His Lordship said he must find on the number was missing, and that the this point that plaintiff had been guilty plaintiff was not able to give details of of negligence and was herself respon it. In another paragraph, the defence sible for what had happened. said it was an implied condition of their Mr. Fitzroy characterised plaintiff's lability to the holder of a banknote action as a foolish act, but submitted that the note should bear a specific num that they were in a position to prove that ber on presentation, or should be proved the note was genuine, and should receive to have borne one. He contended that $500 payment for it. that was not necessary under the circum- stances.
His Lordship eventually adjourned the case sine die.
Wm.
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