Page
K SHOES
In the
new
plus fittings
3 fitting heel with 4 fitting
toes.
They fit closely at the ankle but give freedom at the toes.
HIGH CLASS WILLOW CALF SHOË MEDIUM OR WIDE TUES. BLACK ORTAN.
819.50 Less 10% Discount for Cash 817.55. $22.50 Less 10% Discount for Cash $20.25. You cannot buy a better shoe at these prices.
Mackintosh
MEN'S WEAR SPECIALISTS ALEXANDRA BUILDING.
& Co Fla
DES VOEUX ROAD
THE HONG KONG DAILY PRESS, MONDAY, AUGUST 20th, 1928.
THE WORLD'S GAZE TURNS POLITICALLY, ECONOMICALLY, ARTISTICALLY TOWARDS
JAPAN
Where Oriental charms are jealously preserved intact amidst
the most advanced Oriental Civilisation.
THE JAPAN HOTEL ASSOCIATION (Affliated with the B. M. LINWARD Hortus Co. of the Pacific Coast and
the UNITED HOTELA, COMPANY of America.)
MEMBER HOTELS
ATAMI
Hotel rates for Single rooms (without bath), including meila.
ATAMI HOTEL
MIEZI HOTEL
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RAMENO: HOTEL
Y 12.00 up in cities and some popular resorts.
Y 10.00 mp in country districts..
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WHITEAWAYS
"BLUE TICKET" BARGAINS
ALL THIS WEEK
SOME WONDERFUL BARGAINS IN DRESS FABRICS GIVEN BELOW
2,000 YARDS OF DAINTY VOILES
BEAUTIFUL COLOURING
$1.50
TAXD
CIB, YARD
2,000 YARDS OF PLAIN COLOURED VOILES
PLAIN BLACK, BLUE, GREY, BROWN, GREEN 50 1,000 YARDS STRIPED POPLIN VERY USEFUL
FOR DRESSES, PYJAMAS, ETC. $1.00 YARD
F
1,000 YARDS CHECKED GINGHAMS
50
Ств.
CHINA'S NEED OF A CONSTITUTION.
RIGHTS AND RESPONSIBILITIES OF GOVERNMENT
UNDEFINED.
WHAT IS THE POSITION OF THE "KUOMINTANG,
LAW CODIFICATION BUREAU'S MEMORANDUM.
Shanghai papers to hand give fuller particulars of the proposals submitted by the Law Codification Bureau to the 3th Plenary Session of the Kuomintang or the need of providing China with a written Constitution. A brief summary of the proposals has already been cabled to us.
The memorandum dwells on the fact that at present the Government's powers are quite undefined as are there of the Kuomintang. Local Governmenta are, equally 'at sen.
A constitution, the Bureau insists, must be drawn up as ordered by Dr. Sun Yat Sen, to define the rights and respon.. sibilities of the people, the Kuomintang, the Central and Pro- vincial Governments. No reconstruction or progress is possible without this.
The Law Codification Bureau, which was appointed by the well known legal expert, Dr. Wang Chung Hui, is one of the most authoritative bodies in the country and its work has been highly praised by foreign juriste.
57
HANKOW INSUR- ANCE CLAIM.
A FAULTY SYSTEM.
CHINA. CUSTOM WHICH LEADS TO MUCH LITIGATION.
SIR PETER GRAIN'S CRITICISM,
Ia HM. Supreme Court, Shang- hai, last Tuesday, Sir Peter Grain delivered judgment in the case of Wai Ho Tongr. the Commercial Union Insurance Co, Ltd. Mr. Ranald G. McDonald appeared for the plaintiff and Mr. M. Reader Harris for the defendants. The judgment stated that the plaintiff pleads that, on March 8th, 1927, he effected a policy of insurance with the defendant company through their agents at Hankow,.. Messra Harrisons, Eing & Irwin, The policy was a fire insurance military affairs of the country fire in the sum of Tls. 4,500 on a policy against loss or damage by are concluded, it is necessary that building known as Lun Kee Go- such a fundamental law should be down No. 4, situated at Lun Show immediately promulgated and en-policy was effective from March Kai, Hahyang, Hankow. The forced in accordance with the in-th 1927, to March 8th, structions of the late leader. 1828. The premises were whol
ly destroyed by fire on June Euth, 1997 The assessors of the in- aurance company on July 21st, 1927 (Messrs. Nielsen & Malcolm), assessed the loss by the fre at Hankow at Tis. 4,006.18 and the plaintiff agreed to the assessment. The plaintiff now claims payment of the sum of Hankow Tis 4,006.10. The policy states The com pay hereby agrees.
... that if the property insured any part thereof shall be destroy ed or damaged by fire, etc. then the company will pay or make good all such loss or damage to an amount not exceeding in respect
►
NANKING, Aug. 14th. In a memorandum submitted to the 5th Plenary Session of the Central Executive Committee, the Law Codification Bureau recom- mend the immediate formation of A Committee to draft a Provisional
All At Odds And Ends. Constitution for the Republic of Emphasizing the importance and China, for submission to the necessity of a fundamental law de- Third National Congrees of Kuo-fining the rights and obligations of mintang Delegates. After explain the people and the organisation ing the necessity for the early pro- and functiona of the Revolutionary mulgation of a provisional Cos. Government,
memorandum stitution during the period of states that such a law will not only political tutelage.". the Bureau ezable the people to understand makes the following three pro- better the new political order, but posals:-
will also prove of great educational value to them. The reason why,
1. That the 5th Plenary Session
the
от
of the Central Executive Commit-in spite of the fact that the Nation-of each item the sum expressed in
tee should appoint a number of alist Government has been in exist the schedule to be insured or in
* i
its members together with eeveral enee for three years, the people at the whole the total sum insured."
The total sum insured was Han- legal experts to form a Drafting large are still ignorant of the or-kowa 4,500. Committee for a Provisional Con-ganisation of the Government, and
The China Custom, stitution of the Republic of China the manner of exercise of the
The policy was issued on March responsible for the formulation, legislative and executive powers, is 8th, 1997, and a receipt by the in- within a specified period, of a Pro largely due to the constant changes the premium to be paid, bearing aurance agents for H. Tls. 134.09, visiona Constitution for the Rein the ins of the country and the the same date, attached to the public.
absence of a comprehensive funda-policy. Although on March 8th no premium had been paid, it ap- Rights Of People And Government. mental law. ***.
pears to be the custom of insurance 9. That the Provisional Constitu-
Fürthermore, it is pointed out in companies in China to do their in- tion of the Republic of China shall the memorandum that the necessity saurance business with the Chinese through their compradores. That contain the following provisions for the promulgation of a Provi is, the company issues the receipt (a) Definition of the rights and Bional Constitution is not only felt, for the premium with the policy obligations of the people, by leading members of the Party and makes the compradore liable tuch as Mesirs. "Sun Fo and Hui to the premium. It is a faulty the organisation of the Cen-Han Min, but there is also a great considerasie amount of litigation system and has already led to a tral Government..
popular demand, as the people all in these Courts in the injority wish to know definitely the scope of cases that have come before me, their own rights and obligations the insured and the compradore in order that their lives, properties and liberties may receive greater and more definite protection,
(b) Definition and regulation of
submitted to the Third National
the Nationalist Government,
Dr. Sun's Foresight.
can never agree as to the date of the payment of the premium, or how much has been paid. It also appears that the insured seldom pays the full premium, as he is sometimes given a reduction by the compradore and also part of the premium goes to the Chinese broker who has negotiated the insurance. The parties can seldom agree as to whether the Chinese broker is the
+
KAIPING HOUSEHOLD COAL
<
Note Redaction in Prices. Orders
In Lots of not less than
ton-
Delivered to Peak District
(above Bowen
Road), $24.00
per ton.
Delivered to Bowen Boad
and Lower Lovali,822,00 per ton. Delivered to
Kowloon,
$20.00
per tan,
Biofld be sent
13 Writing not
by telephone 1 least 24 Hours, before the Coal is required
All-orders. must be 15- companied by Cash, Croque, or Compra- dore Order `payable ... to
The Kallan
Mining
Ad-
ministration."
For Price Apply to
THE KAILAN MINING ADMINISTRATION DODWELL & CO., LTD.. Agents, Hong Kong.
hing George
PRE-WAR
QUALITY
THOROUGH MATURITY
RARE BOUQUET
Old Scotch Whisky
MATIO
DELICATE FLAVOUR
OUTSTANDING CHARACTER
UNVARYING STRENGTH
THE DISTILLERS AGENCY LTD. EDINBURGH Scotland
ABSOLUTE
PURITY
SOLE AGENTS; GANDE, PRICE & CO., LTD. TEL. C. No. 185,
notes of the Bank of China and Central Bank, Hankow, the banks named in the Regulation, and the plaintiff would not accept them, and they say that these depreciat ed noter are legal tender and they have a right to pay in the legal tender of Hankow. They also
Policies Defined.
יי
HONG KONG.
SHANGHAI ARMED
ROBBERS SHOT.
CHINESE POLICEMAN'S PROMPT ACTION,
How swift retribution came to two criminals on Monday morning
(e) Definition and regulation of the relationship between the Central and Local Govern ments (outlining the powers, functions and organisation of the local Governmenta).
Kuomintang Claims Rebuffed. (d) Definition and regulation of Against the argument that the the relationship between the existing system of the organisation Party and the Government, of the Nationalist Government is 3-That the final form of the also a fundamental law and there draft of the proposed Provisional is no necessity for the promulga- tion of a Provisional Constitution, Constitution shall be decided by the memorandum points out that the 3th Plenary Session and be the existing system of organisation agent of the insurance company or argue that the premium was paid Congress of Kuomintang Delegates of the Nationalist Government the agent of the insured. This may in depreciated currency (which the for approval, and adoption; and makes no provision for the defini-be the only way of carrying on in-plaintiff denies) and therefore the last week immediately following as thereafter to be promulgated by tion of the rights and obligations/durance business with the Chinese, plaintiff must accept payment in armed robbery was following an
of the people or the relationship but it gives rise to a great deal of this currency,
Public Mortuary, Shanghai, to between the Central and Local litigation.
In this case, a considerable Governments or the relationship
The definition of a life policy hardt, Senior Consul's Deputy.
Judge Yu and Mr. C. D. Meia- The memorandum explains that between the Party and Govern- amount of evidence has been call-is: Life insurance may be de according to the instructions of the meat. Even in to far as the re-ed as to when the premium was fined as a contract by which the
Sub-Inspector Diprose said that, late leader, Dr. Sun Yat Sen, the gulation of the various government paid. The plaintiff says it was
at about 7.30 am. on Monday, the insurer agrees upon the death of period of politicsi tutelage is the organs under the present system is paid on March 11th, 1827, by him-the party whose life is insured to deceased, with three others, commit- period for the enforcement of a concerned, only the names of the self; the cumpradore states that he pay a given sum in consideration Alabaster Road, when money and ted an armed robbery at 537, Provisional Constitution." As various organs are mentioned and himself paid it to the insurance of the payment by or on behalf of cording to the explanation given by no provision is made regarding time to repay him; and the come of the life of certain suma called After the robbers had left the house company and gave the plaintiff the assured during the continuance jewellery valued at 8507 were stolen. the lender, the Provisional Con- their organisation and functions. stitution is the law which defines It is plain that such a system is pradore further states that the premiums. The contract differs they were followed by one of the and reg lates the rights and inadequate to enable the people to plaintiff did not, in fact, repay from other contracts of insurance inmates to North Soochow Road, obligations of the people and pre- understand the form of the Revolu-him the premium until after the in this important respect, that it where he met C.P.S. 320 and scribes the powers and functions tionary Government.
fire took place, and adds that he is not a contract of indemnity C.P.C. 2319 and 2300. This man of the Revolutionary Government." In conclusion, the memorandum only accepted it then because the (Halsbury, Vol. 17 Sec. 1885). informed the Police that the two This is what is usually called the discusses briefly the merits and his uncle. What he means by of a fire insurance is A.. con-
plaintiff was a friend of his father On the other hand, the definition men were robbers and that they fundamental law in a modern demerits of written and unwritten
were carrying pistola. The Police state. But such a law is suitable constitutions in Western countries that statement I do not know If tract of fire insurance is a contract approached the two men, when one only during the period of political and recommends the adoption of a he had already advanced the sum by which the insurer agrees, for of them drew a pistol and com- tutelage, its nature being of a pro- writter Constitution in order to
of HL Tls. 154.60 to the insurance valuable consideration, to indem-menced firing. The Police returned visional character. Now that the | avoid confusion-Kuo Miń,
company on behalf of the plaintiff,nify the amured up to certain the fire and both were killed. One amount against loss or injury by of the robbers, although shot and fire, which may happen to the pro- lying on the ground, still fired a perty indured during a specified | shot at the Police before he died. period." (Halsbury, Vol. 17 Sec. Part of the stolen property was 1016).
found on the persons of the two deceased...
NAVAL OFFICER DISMISSED, SHIP.
COURT MÁRTIAL ON H.M.S.
BERWICK."
BEHAVIOUR.WHILE UNDER İNFLUENCE OF DRUNK.
The charges preferred against
3. Drunkenness and being wpfit for duty at about midnight on August 7th-8th,
Presiding at the Court was Capt. J. Wolfe-Murray (H.M.S. Kent), and other members were. Comdr. W.
one must assume that the com
pradors had a right to the repay ment of his advance.
tion
Worthless Hankow Notes On April 19th, 1927, Mr. T. v. Soong, Minister, issued a Regula
The Decision, in., Hankow from the In my opinion, the questions as People's Tribune," for reasons he to the currency in which the pre- states:-" In view of the neces- mium was paid and when it was sary of consolidating Government paid by the plaintik do not arise
The Court returned a verdict that the deceased died from gunshot wounds inflicted by the Police whilst resisting arrest nad
marine Feld attempting to
Kitson (M.S. Kent), Comdrs Anance and preventing possible and there is no need to consider F. H W. Byron, C. H. Philipps profiteering by unscrupulous mer- them; The insurance company hava Wong Kwei Hong and C.P.S. 229 and R. D. Binney (H.M.S. Tomar), chants and bankers resulting in given a receipt for the payment of and PC 2319 and 2330 were Pay-Lient. Philips acted as Judge's the dissipating of Government cash the premium on March 8th, 1027, commended by the Court for their, Advocate,
reserve and disturbances to the before the, are, and the sum in- | actions.-V.G. Daily News, FOR A USEFUL WASH FROCK
Lieut. Cecil Charles L'Estrange The prosecutor was Captain were, in efect, that all payments of Hankow Tis. 4,600. The in- money market." The Regulations sured for in up to the total sum Grant of the M.S. Berwick was Wykes-Sneyd (HM.S. Berwick); had to be made, in the notes of surance company have contracted 1,000 YARDS LINEN "DRESS FABRIC
Court Martialled on Saturday while Mr. H. C. Macnamara acted three banks at Hankow-the Cen-to pay or make good all such damage done by the fire at Ba morning for alleged drunkenness on as accused's friend." STRONG WEARING & WASHES BEAUTIFULLY $1.00 board his ship, the Berwick, Twelve witnesses were called for tral Bank, Bank of China, and loss, namely, indeumify the plain-kow Tie 4,003.18, that is, the sum
Bank of Communications.
There tiff in the event of loss by fire, required to indemnify the plaintiff the prosecution. The accused gave were penalties for not accepting and have contracted to do so up and put him in the same position evidence on his own behalf and these notes. These notes have be to a total sum of Hankow Tls in which he was before the fire. 2,000 YARDS STRIPED ZEPHYR SHIRTING
1. Acting to the prejudice of his statement; one of the withereer in inswer to a question I put to contract to that of life assurance, assessment
called even witnesses to support comme practically worthless; in fact, 4,500. It is an entirely different The plaintiff has agreed to that MATERIAL, NEAT STRIPES FAST COLOURS 50% discipline by kicking certain Able.
Seamen on the forecastle of H.M.S. broker.
was Mr. W. Logan, the local share. one of the defendants Chinese wit which is a contract to pay a given been tendered to the plaintiff, Berwick at about midnight"on NUMEROUS OTHER BARGAINS
After a long hearing the Court nesses in the endeavour to ascer- sum on the occurrence of a certain therefore there has been no tender. August 7th-8th...
Here, the insurance com- There will be judgment for the DO NOT FAIL TO PAY US A VISIT.
the first charge not proved, but the in their present value, he said event 2 Acting to the prejudice of accused was found guilty on the If I offered him one of the notes pany have contracted to pay, the plaintiff for Hankow Tis. 4,006.16
he, would not take it. A
discipline detaio, other two charge. The sentence of
Assessed damage and loss done by and costs. The defence to this action is that the fire On Mr Reader Harris's applica The assessors-of-the-insurance tion, stay of execution was the sum of Tis. 4,008.16 in the de- company have assessed the loss and granted, pending an appeal,-- preciated currency, namely, the (Continued at foot of next column.) North China Desly News.
TIED
him were:-
WHITEAWAYS GREAT SALE ratings-out-of-their-hammocks-at-the-Court was that the accused be the insurance company-Lendered
about midnight on August 7th-8th, reprimanded and dismissed bis without reasonable cause,
ship.
The sum has not yet