וי
7
MORE TROOPS FOR LABOUR TYRANNY.
LOCAL DEFENCE.
CANTON INCREASING ITS FORCES.
XO MORE PAY FOR AGENTS IN MOSCOW.
MRS. SUN YAT SEN'S PLEA FOR HER SON,
STILL IN FORCE IN CANTON.
THURSDAY,
ILLEGAL GUILD
CASE.
THE HONG KONG DAILY PRESS,
“JUST ONE IN- JUSTICE."
POSITION AT THE LINGNAN
UNIVERSITY.
ESSENTIAL SERVICES MAIN TAINED BY FOREIGNERS.
ROBBERS WANT TO "BORROW" MONEY,
"MASTER'S KEYS OR YOUR
LIFE."
APPEAL IN LOCAL MASON'S
CASE DISMISSED.
JUDGES IN AGREEMENT.
A Full Court of Appeal at yesterday morning the Supreme Court, and two judgments were de fivered in connection. with the recent appeal arising out of the Kwong You Tong (Masons' Wark
MAY
26th, 1927.
NANYANG TOBACCO
COMPANY.
STRIKE REPORTED SETTLED.
WORKERS RETURNING TO HONG KONG
The vernacular papers report that the strike of the workers in the Nanyang Tolacco Company has been settled, and our Chinese r respondent states it is generally believed that all the Hong Kong employees of the Conipany who ne now in Canton will shortly be re- turning to the Colony. If this i the ease the Hong Kong factories, it is presmes), will very resume business.
I'll do you an injustice just for
stice,"
said twe rolbers to Mr. CANTON, May 24th. Saunders' cook, when they went to By courtesy of the Amerien rob him on May 10th. When they [PRON GOR CHINESE CORRESPONDENT. ] | members of the &laff Renter's were offreed a gold ring by the
arrespondent- visited the Cantonook, the nocturnal visitors declined ers' Guild of Hong Kong). The To mogthen the local defence Chridian College (Lingnan Univer- and said that they had called toj sppent was against the decision
sity on Monday afternoon: The rd Canton City, General-Li Tsai dege was elused duwas last month borrow some of Mr. Saunders' rendy previously made that the Guild was
sin is calling for the return of owing to impossible demands made ensh.
illegal, and yesterday in their juig-
some of his milit my forces. It is
by the 1alour Union for the benefit-
We reported at the time that two ments, both judges, the acting Chief its members who were in the expected that three regiments from play of the College, Of the
men went to the seventh flung of! Justice (Mr. Justice J. It. Wood) will arrive home 10 students of they, the A.P.C. Building on May 10th, and the neting Puise Judge (r. made by the Company but neeori- |
ut more than $ity have
the war front
some time early next month.
For all parts of Kwangtung Province there is now a combined fores of nearly 15,000 men.
General Ho Chi W, Garrison Commander at Swatow, is offering resign from his present post. The unny different factions in that Port are reading difficulties and the ad ministration is not fametioning as
moothly as right be,
{
The Labom Union. The Labour
རྩྭ་
at about 7.35 pm, and after in timidating the boy; one of the robbers went into Mr. Saunders' room and stole money to the amount of $113.27. The timely arrival of two of the cook's friends resulted
'The ease arose 'our 'bí an action brought by six Chinese, who, on
ولا انا
No official statement has been
P. Jarks) decided that the decisioning to the terms of settlement of the Court below must stand, and published in the vernacular papers | the appeal must be dismissed with an increase in wages all round has costs.
been granted. The working day is reckoned to be nine and a half] hers. Previously only two days in the arrest of one of the robbers. behalf of themse Risand others holiday a month were granted but
This 1 was brought before interested in the guild, soed a mem
(under the new gernngement "each Major C. Willson, at the Central ber for $249.92, being money due Sunday will be reckoned as a holi. It was argued by day and if it is found necessary Magistracy yesterday, on a charge under the rules.
Mr. D. McCallum, who was for to work on Sundays extra pay will; of armed robbery.
Evidence given by the cook was the defendant, that because certain be granted.
was illegal, and his Lordship had no jurisdiction.
time in question, he was having his mod in the kitchen, when the
His Lordship (Mr. J. R. Wood) defendant and the other robber who was not in custody entered, and upheld that view, and gave judg asked for a man who had been ment for the defendant. Subse
counter-balancing and legitimate could be traced to its provisious. advantage in the course of trade
Unless that would be done, a malicious intention was shown to illegality to the contract.
Rule 6: Legal And Illegal Parts Inseparable.
nion in Canton, however, still exercises very considerable autho vity, and has so far withstood all the efforts of the student body and the staff to reopen the University.
The foreign staff still remains on campus and several of the Chinese hers have not left their quarters on the College grounds. All Chinese servants have left, and the aly portion of ingnan still erating is the hospital which rates for the Linguae village close The free use by militarists of the by. However, even the amall staff at work in the hospital has joined radio service in Canton for persona the Lawur 'nion, and Dr. Cad. to the effect that on the day and of the rules were illegal the guild i communications is being officially bary, the superintendent, will prob- discouraged, and it is stated that ably be obliged to dismiss the work nilitary messages in future shoulders and carry on the medical work
on best be at. t be more thres 1059 words. This,
All essential services nt the it is hoped, will allow the public Finiversity have to be kept going the foreigners themselves, in- To derive some benefit from the Anding the operating of the water employed there fore. They had quently, leave to appeal was grant be present, which would impart pump which supplies the campus is asked witness if the muster, vil, and the appeal was argued by The Governmer t. Commission in with water. The launch service be-
was home and on being told that Mr. Eldon Potter, K.C., instructed Clanton lints ordered the local tween the Lingnan and the City
was run very efficiently for
while,
master was out, the defendant at by Mr. F. E. Lonely. The appeal
Dealing with the second point, as authorities to stop the payment wij kut the Americans soon found it me dashed into the kitchen, seized was heard by both judges a short to whether the illegality which had and agents now in Maseewd attend to their own cooking a long butcher knife and rushed at / time ago, and yesterday's judg been established could be separated!
ments were given on the appeal. from the remainder of the rules, Lothring his previous judgelaim had been made, his Lordship including rule 7 under which the rat. the acting Chief Justice said continued that he was not satisfied the only rule which was in dispute with the form in which the ques was number six, which stated; Ition was formulated in his judg ment given in the court below. The there be any dispute remaining un- question was not whether rule 7 over work incompletely could be operated separately from settled done, no member shall be allowed rule 6. but as to whether there was any dividing point at which a line to take over the contract and con could be drawn between the legal tinue the work, so as to avoid operation and the illegal operation giving rise to complicated troubles of ride o itself.
To his mind, he continued. question of alternative interpreta tions arose. In its express terms it was an absolute prohibition of the continueuce of a contract front which a member of the guild had
i
300 great a task to ran the boais
H
Zinancial affairs are not in a parti and doordic affairs. The students the witness. Witness pirked up a cularly flourishing condition. Siner are doing their best to frustrate piece of cloth, wrapped it round the "Anti-Red "campaign, mags
the petions of the Labour Union, is hand angrought hold of the Reds still controlling revenue in the quest of the rest is blade of the knife. This protected Swatow and nearby districts havent of the former workers failed to make the regulhe remit.
Le a stumbling block for | his hand but in the struggle, he bound to tances to the provincial capital. farther negotiations,
With the strong anti-red" feeling revived a stash in his wrist." The Canton students awaiting in Canton to day, it is hoped that
Continning, witness said that transportation to the fun the Government will arouse itself while he and the defendant were Canton in order to study there will to the mischief being done by the be refused passports. Those really teneral Labor Lam and ke struggling for the knife, defendant desiring to study are being asked, as much a "clean-up
of that or to attend the Sun Yat Sen Univer ganization as they have done of sity at Canton..
Communisus in Canton. A stall Mr. Li Kwan Pui, some time after of armed soldiers keeps close private serrotary to ex-Governor! guard on the College campus, and du Hua Min of Kwangtung, who no one, neither the President of went to Moscow with Mr. Ha while the institution nor the poorest the ex-Governor was in exile by student, is permitted entrance with edor of the Bolsheviks then ruling out a pass. This precaution is Canton, is to return from taken in order that no mishif Shanghai, to Canton on the advice oakers may gain access and in- of Mr. Hu in order to take charge stigate more, trouble. of the general propaganda.
The Lingaan University is pos-
soon
To lessen the danger from pirang kind in China, covering as it does
in Canton waters the ship-owners an ares of some are again trying to arrange ¡L convoy programme.
said i will do you an injustice) just for one." The other robber
then came up and gave witness good drumming and also bit him om the wrist.
Sheer Poverty." Witness then asked them why they had wanted to kill him and was told that sheer poverty drove
keys
withdrawn.
Clearly there was no such point, he added, and in his opinion that was the final consideration of that part of the case. Rule 6, which en- joined illegal acte in some of the words, also enjoined others which were legal.
He was of the opinion that in rule tho. illegal and legal parts could not be separated. The faut them to it. The cook then offered Meaning Plain And Unambiguous, that this illegality had for its ob- After referring to Common Lawject the obtaining of an advantage sibly the largest institution of its
the robbers his gold finger ring with regard to restraint of trade, for members to be obtained during three fundred which was declined, and the an
his Lordship continued that in his the nurse of their trade. (trade ob aeres or more, and providing for invited guests asked for the opinion the meaning of the rule of the guild), it seemed to him
protection being the principal The military the higher eduention of one of of Mr. Saunders' trunks saying that was plain and unambiguous, con- to attach illegality to the contract forces cullert fees for protecting china's greatest cities. ships and anything likely to reduce
48 a whole. The contract itsel! their revenue from this source will rolment during the latest quarter | ther had come to borrow oinetaining in its express terins a re- could not be sub-divided.
Concluding, his Lordship said
to the appellants and to the guild, uences of his decision might be in his opinion his judgment given in the court below was right, and the appeal must be dismissed with costs,
The en-
reached the highest point on record.
No sundent is allowed to join with-
names from him.
probably not be favourably regard ed by them. It is thought, w. ever, that they will have no cause of English, and this accounts for keys were kept whereupon the presumption, the onus of establish that however unfortunate the conse For complaint if the protection fers" are paid as usual while the the comparatively small number of
merchants devise means of protect ing themselves.
out having a fairly good knowledge
undergradantes on enrolment at the University's closing-Reuter,
Whilst engaged in ousting thu * [e {t the Authorities have little. time to attend to other matters and pirates flourish. A complaint re ceived in Canton states that on the West liver from Sainmn to Luknow in Shuntak, there are more than
pirate strongholds each requiri ing some sort of protection fee " before allowing a junk or tow-buat to go through its sphere of in- fluence.
The crews of the rice transporta- tion junks around Canton Harbour have made demands for an increase of pay, and it is most likely that the masters of the junks will, in turn, call on the rice importers for
au increase in freight charges. On has
FIRING AT THE
LUNGSHAN."
BRITISH CONSUL'S
DEMANDS.
CANTON'S COMPLIANCE.
INCIDENT CLOSED.
The following official communiqué been issued regarding the previous occasions, on the refusal firing at the Lungshan when she of one party or the other to make was passing Whampoa on the way a concession, the crews went out to Cantoa:
on strike and the people suffered much inconvenience. It is not thought that there will be any trouble of this sort now and it is believed a satisfactory arrangement | will be reached.
matters.
straint of trade. It was argued for the appellants that even on this fug illegality had been upon the respondents, but that was contrary to the authorities.
THE PUISNE JUDGE.
Witness refused to tell where the robbers said that if he would not hand over the keys, they would take
unreason- The reasonableness or his life. After this the keys were i handed over, and one of the rabbers ableness of a restraint of trade was went into the rooms occupied by a question of law and not fact, Mr. Saunders. He returned a few and it was for the decision of the minutes later and put some money judge upon the evidence, and upon into the pocket of the defendant, his knowledge of the circumstances Prima who was at the time keeping gaard surrounding the contract.
Rule 6:Unreasonable. And over the cook.
facie any restraint of trade was,
Oppressive. under the rule of Common Law,
Dealing with the question of obnoxious, and it was for the party supporting restraint to satisfy the illegality in his judgment, Mr. P. judge that any alleged justification Jacks quoted from Halsbury, say or exchse was of sufficient weighting: When an individual inter- to render it illegal.
acts
Then the timely arrival of the two friends put one of the robbers to light and resulted in the cap ture of the defendant. While they were searching the defendant in case he had a concealed weapon, the thief threw all the money he had in his pocket down the stair- case. He was tied up and handed over to the police.
Mr. Saunders said that he was informed of the robbers at about when he was at the 9.30 p.m. R.A.0.B. Club at Duddell Street and when he got home, he saw the At 7am. on the 18th of May defendant in Police custody. He went into his room and found that the British river-steniner Lung shan, using then on her way from his chest of drawers had been tam Hong Kong to Canton, was fired pered with and money amounting at by a number of Chinese 8113.97 was stolen. Of this the soldiers in uniform from Dane Police recovered 883.97 which was Island at a point near Whampoa scattered all over the stairs. Forts. This outrage was entirely Corroborative evidence was given unprovoked and, although for by the two friends, the building tunately there were no casualties, watchmen and Police constable, and the ship was repeatedly struck by the defendant, was committed for in effecting an alternative contract and to enforce its will on others
bullets and about 50 rounds were trial at the next Criminal Sessions. fired at her. On the matter being reported to Mr. J F. Brenan, the acting Consul General at Canton, he made the following demands on the Canton Govern-
Madame Sun Yat Sen, the step- mother of Mr. SunF, former Kuomintang Minister of Comami- cations, recently wrote to the 'Can- ton Kuomintang leaders asking for assistance to enable Mr. Sun Fo to retain his post. The letters, However, arrived too late to help Madame Sun expressed the opinion that Mr. Sun was still young and, therefore, hardly res ponsible for his "Red affiliationment :- and other political errors. Even had the letters renched Canton" earlier, it is said, not much could have been accomplished as the control of the railways, telegraphs, and public highways was taken away from the Ministry of Communications soon after it was learned that Mr. Sun! Hind deserted his late father's asso- ciates and had joined the Borodin group. 3. Wang Pa Chan hóa bon appointed by the Nanking régime to succeed Mr. Sun Fo as Kuomintang Minister of Communi- cutions.
(a) Adequate punishment of the nicer 'n olurge of the guilty troops and any other person implicated, in the outrage: names and punishment to be notified to the Consul Gen- eral.
(6) 200 to be paid as compen-
Aon for the damage done. (e) The Commandor of the Wham. paa Forts to call in person uniform on a British nnu man-of-war to apologize for the outrage. (Continued on next column).
feres by legal means with the right No Oause To Alter Opinion.
of another person to trade, bis acts may be lawful and require no justi- His decision at the trial that the fication, but when several in com- restraint of trade contained in the bination are responsible for similar terms of rule of the guild was interference, the effect of this com-
unexcused
constitutes stili bination
their unjustified and seemed to him to be right, and the wrongful, by reason, presumably, language he used in his judgment of the greater extent of the injury still commended itself to his mind. which can be caused by the co- He said in his judgment in the operation of numbers, and so sup. court below: "This prohibition ply the violation of a legal right makes no reference whatever to the which is essential to the cause of userits of the dispute. It is not action. Consequently it is essen- contingent on the rejection by the tial for the defendants to show building owner of a legal award on some justification." arbitration. By its language it
His Lordship, continued that as endeavours to place the building
ed an arbitrary attempt to protect contractor. He is to be hampered the general interest of the guild, owner at the mercy of an arbitrary the rule stood at present it enjoin-
This rule in ita present form detrimental to the publ'e good. is inequitable in its consequences."
"Course Of Trade Should Be Kept Free."
without reference to any kind of legal tribunal.
The Canton Government has complied in full with these de- manda. On the 21st of May act ing Martial Law Commander quotation from a judgment by Sirship out of all proportion greater
His Lordship continued with
W. Erle, in which it was stated, "at Common Law every person,
In his opinion, the putting into operation of that rule was bound, to produce hardship, whatever the merits of the disputea bard than any advantage which the general objects or the funds of the guild were likely to derive from it.
Cheung Wa Fu in uniform, BC- companied by an A.D.C. and by a civilian deputy of the Canton individually, and the public also,
for Ministry
Foreign Affairs have a right to require that the went on board H.M.B. Dauntless, course of trade should be kept frem then anchored off Dane Island, from unreasonable obstruction."
In the case under consideration that the objects of the guild were
He was of the opinion, he said in concluding, that the rule was unreasonable and oppressive, and
and apologized for the firing on Mr. Potter, for the appellants, had no justification for the action which 6. Lungthan. Capt. Macpher son, B.N., accepted the apology. said,Unless it is illegal for men the rule proscribed. The tainted to bind together and say we will rule could not be separated from The remaining two demands were complied with by the Canton not complete an uncompleted job, the other rules and objects. Government on the 23rd of May this rule is not illegal." The to the satisfaction, of H.B.M. answer was that the agreement was Consul General and the incident tainted with illegality, unless some
(Continued on next Column).
then closed.
His decision was that the judg- ment of the court below should be affirmed, and the appeal dismissed
with costs.
5
Wm. POWELL, Ltd.
Telephone C. 45783
THE
MOST CONVENIENT FURNISHING ESTABLISHMENT IN HONG KONG
BATHING TIME IS HERE
TOWELS
42" x 24" $1.15 each
42" x 24" $1.40
42" x 22" 81.50
ECLAT
TOWELS
42" x 23" 81,65 each
48" x 27" 32.25 "
64" x 36" $8.35
COLGATE'S
ECLAT
SOAP
ECLAT
AND
POWDER
THE TWO SUPREME TOILET LUXURIES. SOLA AGENTS: HONG KONG TRADING COM ANY
The
Viva-tonal
Columbia
The only Gramophone that is supported by scientific proof.
Hear it at
THE ANDERSON MUSIC CO., LTD.
ST. GEORGE'S BUILDING.
ASK FOR MO SHEUNG
CIGARETTES.
They have rapidly come into favour with
discriminating
smokers
owing to their delightful flavoar and aroma.
Only well-matured Virginian tobacco used. On sale at all tobacconists, NANYANG BROS. TOBACCO CO.
215]
[an]