.
Page
WELCOME IN CANTON.
POLICE PAY IN ARREARS.
RULES COVERING
EXECUTIONS.
NO MORE TO TAKE PLACE IN THE DAY TIME.
THUR CHINEAS CORRESPONDENT.]
CANTON, April 17th. Matsha! Li Tsai Hsin will be very welcome on his return to Canton to-day. Among the high officials, civil and military, who went to Hong Kong to welcome the Marshal were Dr. Chu Chao Hsin, Commis- sioner for Foreign Affairs of Kwang- tung, Mr. Fung Chek Man, Com missioner of Finance, Mr. Li Mon Hin, Inspector-General of Revenues, Mr. Li Tain, a lieutenant from the Headquarters of the 8th Route Army, and General Chen Tsai Tong, Commander of the 4th Army, Mr. Wu Teh Shing, Commission of Re- construction, is also reported to have gone to Hong Kong this morn- ing by train to be with the rest! of the official personages in bidding welcome to the Marshal.
General Hau King Tong, who has been fighting against the Com muaita and outlaws in the East" River districts, lelt Swatow for Hong Kong yesterday (Monday) aixa to bid welcome to the return- ing Marshal. General Hau is ex- "pectal to confer with Marshal Li in Hong Kong on important civil and mility matters, but as it is im posible for him to remain long away from the East River districts it is thought that he will go back. to direct to Swatow after his con- ference, with Marshal Li and will not proceed to Canton.
GENERAL WONG SHIU HUNG.
General Wong Shiu Hung, who was appointed commander of the 15th Army by the Nationalist Gov. ernment at Nanking, will not go back to Kwangsi for the time being. General Wong has long been con- templating a return to Kwangsi, his native province, to carry on the Garrnment there, but on neegunt
44
THE HONG KONG DAILY PRESS, WEDNESDAY, APRIL 18th, 1928.
BIAS BAY PIRATES AT WORK AGAIN.
ANOTHER CHINA MERCHANTS' BOAT THE VICTIM.
CAPTAIN AND CHIEF OFFICER TAKEN ASHORE BUT ESCAPE: FIVE PASSENGERS AND THREE MEMBERS OF THE CREW KIDNAPPED.
TIMELY ARRIVAL OF CHINESE GUNBOAT.
Bias Bay, pirates of whom little has been heard since the denstic punishment meted out to them by the L. following the attack and capture of the as. Irene in October last are again active,
The latest steamer to fall into their hands is the s., Hsia Ifah-another unit of the Chinn Merchants' fleet.. This ill-fated vessel left Shanghai on Thursday with a full complement of passen gers and cargo. On Saturday evening she was in the hands of pirates, who had embarked from Shanghai as passengers.
The His Wah was taken to Sam Chan Inlet a spot in Bias Bay which is out of the track of shipping and little known to shipping men. "The pirates, probably on account of their experi ence with the L., were very nervous at the sight of any passing craft and particularly a vessel of war. While at Sam Chau Inlet, they sighted a launch and they hurriedly left the Hain Wah for shore taking the Captain and Chief Officer with them. Later they returned to the ship when the work of transferring the loot to shore was at once commenced. While they were thus engaged a ̈ Chinese gunboat passed by, and for the second time the pirates beat a hasty retreat.
Then Captain Jensen, who, as stated, had been taken ashore, seized his opportunity. He jumped into a boat and rowed back to the Irin Wah and at once signalled to the gunboat for assistance. The gunboat responded and sent an armed squad adore but, they failed to find anyone excepting Mr. Licis, the Chief Officer.
The Hain Fah arrived in Hong Kong on Monday night and was kept outside of the Harbour limits by the Police in order that statements might be taken from the passengers and crew. She did not come alongside the wharf until late in the afternoon yesterday.
Five passengers and three members of the crew were kidnapped. The exact amount of cargo taken is not known. It was, however, stated that the ship was not carrying any bullion and that the total value of the loot was, within the neighbourhood of $25,000.
THE ATTACK.
The Hi Wah left Shanghai on April 19th at 3.50 p.m. with about
300
Chinese passengers
and
麤
general cargo totalling about 300 on. Everything went well until
was then in his cabin. He heard a commotion on deck, and rusted out and was met by two armed mer.
of Yarshal Li's trip to Neoking, the General cancelled his visit in order to assing the Marshal, during the latter's absence. from the City, Saturday at 7 pm. Captain M. F. With the return of Marshal Li General Wong
will be relieved of Jensen, master of the Hain Wah, much of his heavy responsibility, but he still has important work to do in Canton, and his return to Kwangsi is therefore likely to be delayed for a while. At present his troops are
North and West River districts, The policing of the Canton-Hankow Railway is also undertaken by his POLICE PAY.
THE SECOND SCARE.
The "lask ob looting was very soon
in full swing again. No fewer than 13 pirates were busily engaged in rifling the ship's cargo and passen gers' property. A ship load was sent to the beach and then a return was made for more.
In this way
the pirates had practically carried away all they wanted when the pass ing of a Chinese gunboat gave them their second fright.
The ganboat was steaming along
LIBEL ACTION
RESULT."
MR. LEE HYSAN "SUCCEEDS.
A DEFAMATORY LETTER.
11
PUBLICATION PRIVILEGED AND NO EXPRESS MALICE,
CORRESPONDENCE.
HONG KONG LOAN.
ASSOCIATION.
(TO THE EDITOR OF THE “HONG KONG DAILY PRESS."T
Sin-Your article on the above matter has resulted in my bombard- ment by the money-lenders. They helieve that the remarks in that article are from me or were told
Judgment was given by the Chief Justice, Sir Henry Gollan, yester-by me to your representative and day in the action for libel brought by Mr. Pedro Jose Lobo, of Macao, against Mr. Lee Hyean, of Hong Kong.
to my mefortune rou omitted in my letter of yesterday the import- ant words" That the money-leaders do tel to the Judge in Court that the actual sum is half or whatever! it may be."
The alleged libel, was attached to a petition sent by Mr. Lee Hyoan to H.E. The Governor of Macao,
All that happened was that your and other persons. According to
representative came to make en- the complainant a aratement was quiries regarding this association, made that $120,000 had been paid and asked me he could obtain i by the Yue Song Company to en-any copy of the rules or Articles of able them to acquire control of the Association. I referred him to the Macas Opium Monopoly and Mr. office of the Association. I did not Lebo considered the words used remember at that time who were reflected misconduct in his duties the ire directors. I recollected as an official of the Macao Govern only two or three of them.
ment.
costs.
You will, therefore, greatly oblige The Chief Justice held that ne in publishing the fact that the although the letter was defamatory remarks made in your paper re- to the plaintiff, its publication in garding the undesirable practice of cach instance was on a privileged not giving receipta for interest, occasion and there was no proof of | charging horrible interest, or any exprees malice on the part of the other remarks against the money. defendant. Judgment was, there- lenders, were not made by me. fore, given for Mr. Lee Hysan with Though it does not appear from that article that such remarks were nude by me, the mere fact of your representative's interview perhape gives the money-leaders, the en that I criticised them. A thousand times I will criticise any wrong. doer or an uzdesirable action, but in this particular matter 1 never undervalued the 'other money. lender or overvalued the Loun Association. have no concern with either of them and why, un- necessarily, should I expose one or hide the other. I am very sorry that the money-lenders' feelings have been injured on account of
Ar. Eldon Potter, K. C., and Mr. F. C. Jenkin, instructed by Mr. Binke of Messre. Wilkinson & Grist, appeared for Mr. Lee Hyun and Mr. C. G. Alabaster, K.C., and Mr. Sheldon, instructed by Mr. F. H. Loseby of Mesére. Lee & Rass, for Mr. Lobo.
In the course of his judgment, the Chief Justice said: a view of the action of the Government of Macao with respect to the termina- tion of the opium contract with the Yue Siog Company and of the public announcement as to the
their own misunderstanding, but 1 cannot help it, if they are misled by a gentleman who tranelated to them the stiff remarks and attri buted them to my utterances. wonder who is the man who sug gested to them that such remarks were mine, and whether he can eufficiently understand the English language i
future policy of that Government with regard to opium, it was quite natural that the defendant should have been surprised at the rumours and information to which refer He said that in consequence he started on ences, have been made.
the preparation of a petition to the Governor of Macso in which he act out his general services and bene factions to the Colony of Mačno Thanking you for your favour to and his fuldliment of all obligame and hoping that you will kindly' tions under his contracts with that oblige me in giving, publication of Government, and on these grounds this letter in your valuable paper. he based a claim for fair and Yours faithfully,
of the Government where his in-
stationed in Shiukwao and along the They took him to the bridge, where from the west and the sight of the sympathetic treatment at the hands
Boldiers.
Oring to the financial stringency of the Canton Municipal Govern- the Canton police force have после not been paid for some time. It is remarkable how these patrols keep
Authorize the Police to levy a tax
he found that the Chief Officer, Mr. Licis, was also in the hands of other
robbers.
On the bridge, the pirates made the captain understand that they wanted the ship's armoury, and seeing that resistance was out of the
on the way they do, faithfully dis- charging their duties as public ser question Capt. Jensen ordered Mr. vants when the payment of their salaries is so uncertain. The Police Licis to surrender all arms on board Commission has petitioned the Municipality for financial relief and the ship. Those consisted of six the Municipal Council decided to revolvers, six Greener shot guns on each store and house in the and 500 rounds of ammunition. City equal to one half month's rent. The pirates took charge of the wea the money thus raised to be devoted to the payment of the police salaries pens, after which a general ransack in arrear. If all the propertying of the ship and passengers was owners in Canton pay their allatted commenced. assements, the amount realized would run into hundreds of thou sands of dollars. But whether or not the property owners will agree to this special tax remains to be seen Most of them have been com plaiting that the present rate of ..monthly taxation, which is 16 per
cent of the rent, by the Police Com-
SAM CHAU INLET.
A pirate, who appeared to have some knowledge of seamanship, pointed in the direction of Sam Chau Inlet to Captain Jensen and
merchantman carried it to stop. This was too much for the pirates and again they left hastily for the
shore.
the
terests or these of the Yue Sing Company were concerned. The de fendant stated, and his statement is borne out, by the evidence, that Once on terra. firma, the thought the original of the petition had predominant in the minds of the been typed and copies of it and most of the appendices to it had pirates appeared to be to get as far been already printed when he re- as they could from the gurbontceived a letter dated August 23rd.
result of enquirica suggested But they did not leave their foot 1827, from Fung Cheong with the behind. They took the cargo with letter of the defendant to Fung. them and also the Chinese captives That letter, which was included in Captain Jensen, however, was for the petition, carried substantially the meaning placed upon it by the gotten and jumping into one of the plaintiff and was defamatory to boats lying on the beach he rowed him back to his ship and signalled to the gunboat for assistance. The gunboat came up to the entrance of the inlet, and as she could not pro- ceed any, further, the Hein Fah despatched two boats to take an armed party ashore for the purpose of giving chase to the robbers.
The landing party divided them- selves into groups and scoured the island for over two hours but all
No attempt was made to
and the defendant, through his justify that defamatory meaning counsel, expressly stated that be
or official conduct of the plaintiff." made no reflections on the honesty
Publication.
K. S. CHOWDHURY. Hong Kong, April 17th, 1928.
BLASTING AT MORRISON KILL.
RESIDENTS GET A FRIGHT.-
HOUSES DAMAGED.
Shopkeepers and residents in Morrison Hill Road on the Tin Lok Lane side had an anxious time during the five o'clock afternoon blasting operations at Morrison Hill on Monday.
Large pieces of rock were hurled across the road, and, according to a resident in that locality, the in-
mates of the houses have not had such a fright since the work of de molishing the hill began. Most of them fled to the rear part of their premises for safety and casualties were few, but a Chinese youth had to be taken to the Government Civil Hospital suffering from in- juries caused by flying fragments. Many of the houses as far as the Nanyang Brothers factory had damage done to the walla The one in front of the market occupi ed by brass workers. The door post of this house was loosened from the wall by the force of the blow.
The part of the hill now being demolished is of hard granite and owing to the steep incline it is ap parently difficult to cover the blasting charges properly.
mission for the purpose of main. instructed him to take the vessel came back with the report that not I read and understood its contents. house that suffered most was the
taining the Municipal Government there. There was no alternative but and its varied functions is too high. "to obey, and setting a southerly Of this 15 per cent. a half is paid course Sam Chau Inlet was reached by the landlord and a half by the
on Sunday night when anchor was occupants of the premises.
The Min Kuo Daily News, the dropped. Captain Jensen, who had official organ of the Nationalist Parly in Canton, yesterday reported been kept on the bridge throughout that the Municipal Government has this long spell, was then allowed to deeded to withdraw the franchise retire to his cabin. On Monday granted to the Canada Bus Com 'pany. The Company came into operation during the Hong Kong Canton boycott period.
* EXECUTIONS.
The Canton Political Council bai issed an order stopping all execut tions in the day time. "Henceforth extutions of a criminals, whether
THE FIRST SCARE.
soul was to be seen.
Captain Jensen took command of his ship again and sailed for Hong Kong under the escort of the Chi- nese as far as to Tun I Ang Island.
A PARTING VOLLEY. Mr. W. Macdonald, the Chief
The plaintiff further alleged that the petition, including the Fung letter," came into the hands of cer tain persons in Macao and Hong Kong and was published by them. The vernacular in Macio "was Portuguese and the plaintiff must show affirmatively that the persons to whom the libel was delivered His Lordship said that he was of the opinion that the Governor of Macao read and understood the let ter but, at the end of the case, he had held that there was no evidence to show that any of the members of the Legislative Council of Macao had read and understood it. With regard to 18 Jawyers, he had held there was evidence of an actionable publication to Dr. C. M. Leitao, but not to the remaining 15.
conclusion that he was actuated by wrong feeling against the plaintiff.
His Lordship asid he had com- ridered the language complained of, but could not see that it die closed any excessive violence of language.
As regards publication in Hong Kong it was proved in the case of Senor Albuquerque, the Portuguese Consul General, and Mr. Cheung Choi, but the former publication was made after the issue of the writ and was not therefore actionable in the proceedings. In the latter case
His Lordship them dealt with it was admitted but was alleged to
the enquiry which was instituted by have been made for the purpose of the Governor of Macao He said obtaining a
translation of the he could see nothing in the defen- dant's evidence "given at the enquiry **Fung letter? in Chinese.
Hia Lordship was of the opinion which could be considered as show that each publication proved wLE
ing he was actuated by express malice, or as showing that he was made on a privileged occasion and in the absence of evidènes of ox- under the influence of any wrong press malice the case for the plain-in the result I have come to the
sinister feeling. tiff must fail:
:
morning he was again taken to the Engineer of the resnel, in relating bridge under armed escort and his experience to a Daily Pra re ordered to take the ship further up presentatives, said that he was in the inlet, where a sampan met the his cabin when he heard the com- motion on deck. Like the Captain pirates,
he was met at the doorway by armed men when he rushed to ascer- tain the cause of the noise. He was The work of transferring the loot driven back and remained under they be Communists or bandite, to the shore was commenced im-guard. mut be carried out either at night mediately. But a launch came in The engine room at the time of or at dusk." The reason for this
Beveridge, the second engineer who change of time, according to the sight and the work stopped and the attack was in charge of Mr. one of the ship's boats was hurried-was later relieved by a RussiaO Golernment, is that executions in the day tins have a bad effect Thely lowered. The pirates made for named Solomonuck, the third en- condemned criminal, on his way to
gineer.
Mr. Beveridge said that the the execution, has always to pass the land taking with them the through many streets, with a great Captain, Chief Officer, Eve passen pirates took off their shoes when number of curigus people following," Kecution at night or at dusk will, gers and three members of the they attacked the vessel. They had. full charge of the two ladders lead- it is thought, considerably lossen crew. The launch, howevor, went the number of spectators, moreover on its way and, reassured by this, ing up to the bridge. Throughout the attack and during the time the ordered that the body shall be the robbers once more returned to ship was in the pirates hands, no aled immediately the firing squad the sin Wah. They left the Cap-shot was fired. The robbers, how has done its work and that the
ever, fired a parting volley when execution ground shall be away tain and the Chinese ashore, but they were finally scared off by the violent character as to lead to the
took Mr. Lici back with them gunboat from the elly.
Question. Of Express Malice." Counsel for the plaintiff had argued that the phraseology of the petition and of the Fang letter" showed that the defendant was under the influence of anger and that his language was of such a (Continued on next Column).
conclusion" said the Chief Justice, that, though the 'Fung letter' is defamatory to the plaintiff, its pub. lication was in such instante pub. privileged occasion and that the plaintiff has failed to prove that, in making any such publication, the defendant was actuated by express malice... My judgment is for the de-
fendant was costa "
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