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HE Steamship
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(41
THE HONG KONG DAILY PRESS. MONDAY, DECEMBER 24th, 1928.
BRITISH INDIA 5.3. CO., LTD.
FROM CALCUTTA, PENANG AND SINGAPORE.
having arrived, Consigness of Cargo are Steamship
"GAZANA"
hereby notifed that their Goods aro
*THE FOOTBALL COUPON CASE.
JUDGMENT AND ARGUMENTS BEFORE DIVISIONAL
COURT.
CHANCES OF £1,000 PRIZE ONE IN TWO HUNDRED
BILLIONS.
A Reuter cable briefly, announced last month that in view of d judgment of the Divisional Court football competitions arb -illegal-and the London-newspapers concerned have decided-to- stop further football competitions forthwith. The competitions at present running will be completed in the ordinary way.
This was the sequel to two sensational legal developments :-- (1) The High Court, presided over by the Lord Chief Jus- tice, decided that coupon competitions are illegal.
(2) The most influential organisation of British advertisers announced that its executive had unanimously passed a resolution declaring that circulations obtained by coupon competitions "re- present false values in number and quality," and that such, com- petitions lower not only the tone and the dignity of the down papers running them, but the influence' and prestige of the news- papers, and, as a consequence, of advertisers, nanes associated with them.
*
Lord Hewart (the Lord Chief Justice of England), Mr. Jus tice Avary and Mr. Justice Acton were the three judges who gave the momentous legal decision. They sat at a King's Bench Divi- sional Court to hear an appeal by the proprietors of the Sheffield Daily Telegraph against a conviction by the Sheffield magistrates, who imposed a fine of £5 for contravention of the Ready Money Football Betting Act, 1920, by publishing a football competition coupon on March 14th.
In delivering judgment, in which the other judges concurred, the Lord Chief Justice commented on the systematic coupon busi- ness carried on by the appellants, and said he was satisfied that there was overwhelming material before the Sheffield justices en- titling them to convict.
It was contended at the police court, said Lord Hewart, that nobody bought the paper solely for the sake of the coupon.. "That was a desperate consention," said the Lord Chief Jus tice, and I do not wonder that the justices resisted it." Bemarkable facts were given in the reasons set forth by the magistrates for their decision. The newspaper "offered a money prize to the person who correctly forecast on a coupon the results of a certain number of football matches. A smaller prize was offered for the nearest accurate forecast.
At the police court hearing a detective stated that to be certain of getting a coupon right for twenty-four matches the chances were one in 252,429,520, 481.
MAGISTRATES' DECISION UPHELD.
Mr. Stuart Bevan, K.C., out- liaing the case for the Sheffield Telegraph, said, it was the first time, probably, that a real, live newspaper of standing and in- fluence in the country, with a wide circulation as a newspaper, had been brought within the provisions of the Act..
Mere Pamphlets.” So far, as your lordships may remember from two cases," he con- tinued. the sort of publications containing coupons that have been the subject matter of conviction, have been mere pamphlets."
Was first
Mr. Bevan explained that. the competition had changed its form since it
instituted. Originally there was no limit to the number of coupons-for twelve matches that each competitor could send in.
The Lord Chief Justice required what would be the total number of coupons required to cover all cor rest results...
Mr. Montgomery (for the jus tices): In this competition about 200,000,000,000,
Mr. Bevan: Mr. Cassels (Mr. I. D. Cassels, "K.C., counsel for the newspaper) makes it 4,000,000,000.
Lord Hewart: In that event 4,000,000,000 would be purchased, the circulation of the. great organ goes up by so much, and the ad- vertising charges go up according ly.
Mr. Justice Avory caused laugh-
"What Is The Betting? Lord Hewart: betting-£1,000 to the price of the What is the newspaper
Mr. Bevan: No, my lord. I think the magistrates approached it in this way. Without any evidence on
the point they have drawn the inference that of the 80,000 subscribers to the paper some must have bought the paper for the sole purpose of getting the coupon, and they also drew the inference that in respect of other subscribers to the newspaper some portion of the penny-they did not say what portion-must be attributed being the price of the coupon and the balance representing the price of the newspaper.
46
Mr. Bevan then read the case stated by the magistrates for the opinion of the court. In this the justices said they found that the competition was conducted as a commercial undertaking for profit with three objects in view.
(1) To" interest the readers of the newspaper.
...
(2) To keep up or increase the circulation, and
(3) To meet competition of other newspapers that conducted similar competitions. The competition was run at a cost of £9,000 a year....
The magistrates found, as a fact, "so far as we were entitled to draw inferences," that some persons bought the newspaper solely, and some bought it partly, for the sake acquiring a chance or possibility of winning a prize of £200 or £1,000. A calculation was laid before the magistrates that, assuming that twenty-four matches had beca selected from the forty-four matches given in the coupon, it would be necessary to send in 282,429,520,481 coupons before one could be sure of sending in a coupon giving twenty-four correct results,
Lord Hewart: If it appears that the circulation is substantially in- creased during the period when the competition advertised is, being conducted, is a newspaper prepar ed to say: It is true we have this feature. It is true that we spend money on it, and it is true that we advertise it as much as we can, but nobody buys the paper because of it " 1
Mr. Bevan Feople buy the paper perhaps because it has got this additional, feature, but that does not constitute the carrying on of a ready-money football betting business. One has to look at the substantial business carried on by the proprietors, and that is news paper publication,
it l
PASSENGERS.
Arrivals,
11
LONDON'S NEW DOCKS,
THE TILBURY" SCHEME.
liner President Jackson arrived Passengers by the American Mail
London's challenge to Liverpool Hong Kong on December 22nd- and Southampton as a port for the Mr. and Mrs E. A. Aced, Mr. P. world's greatest liners will be Botelho, Mr. and Mrs J. E formally tossed in the shipping Bowen, Mr. and Mrs. Chuck Koring at the end of 1929 upon the Ching. Miss A. Eichenbaum, Mr. completion of the gigantic new and Mrs. Bert Hall, Mr. and Mrsloating docks now under construc Mark Johnson, Mr. and Mrs Lam dion at Tilbury on the banks of the Ming Fan, Mrs. Lee Shao Chuan, Thames, 20 miles from London, Mr. T E. Lin, Dr. Louis Way Already the Tilbury foreshore has Tong, Mr. Ng Taze Mi, Mr. W. been transformed by mighty on- Ohler, Mr. and Mr. P. C. Patter-gineering works, where mud flate son, Mr. C. G. Perdue, Mr. Rudolf formerly greeted the eye at low tide. Schiffler, Mr. P. G. Schultz, Mrs. to-day stands a vast of concrete Si King Sun, Master Si Wen Zai, Lord Hewart: Can a newspaper Mr. Si Wen Zai, Mr. and Mrs. Eready for the accommodation of a large Customs and baggage hall. really say that there are no per-Y. De Sousa, Mr. H. P. Strickler,
The old landing stage has vanished Lt. and Mrs. Charles R. Skinner, and in its place stands the frat" sons who purchase the paper mere- ly because there is a coupon in Mrs. A. Sun, Mr. Tam Lai Tin section of a footing dock which Mr. Tan Guan Tua, Mr. and Mrs. will by the end of next year have That the circulation increased Livingaton Taylor, Mrs. S. E. Te grown to 1.149 feet in length and during the publication of the cou- lor, Mr. Wu Yek Yee, Mrs. T pon,"
said Mr. Bevan, "was not Wu, Mr. Yu Som, Mr. Yang Park 50 feet wide. Thus it will be of sufficient evidence for the magis Chuen, Mr. Yang Hoon Nam.mple size to dock the largest liner trates to find that the newspaper For Manila: Lt. John T. Bottom, built or building. The Majes- was carrying on a ready-money Jr.; Mrs Thelma Briggs, Mr and in the world, is 915 feet long, and tic, at present the longest liner football betting business. Your Mrs. Frank H. Buck, Mr. and Mrs. lordships have to look at the sub- W. S. Campbell, Mr. Cranfill H. the new Oceanic, now under con- stantial business carried on by the Collier, Mrs. B. H. Colyer, Mrastruction for the White Star line, appellants. Could a newspaper ad- Esther Detchon, MrsAnnn P. is just 1.000 feet in length. Thas vertising free insurance be said to Fox. Miss Sarah Fox, Lt. Harry either will be able to tie up at the be carrying on a life insurance R. Hayes, Mr. and Mrs. Harry H.
new dock, with room to spare at busina? I submit that prima Hunt, Rev. C. E. Meyers, Dr. K. either end. --- facie the price is paid for a news W. Miller, Mr. Charles P. Molli. The doating stage of the new dock paper itself.
son, Ur. James C. Palmer, Mr. 170 feet out from the concrete shore. will be a two-storey affair and lie Mariano Ramos, Mr. Robert E. Reordan, Mr. Frederick Stindt, it will be held by five mighty stock Mrs. Dorothy Sturtevant, Mr. boms hinged at either end, ao hold- Alva H. Thompson, Mr. and Mrs.ing the stage that it easily risca and Charles G. Townsend. Lt. James S. falle with the tide which in spring Trayer, Misa Hope Whitaker, Mr..ise and fall some 21 feet at Til- C. H. Warner.
bury Elaborate arrangements have been made to secure the liners
JUDGES'. PROBLEMS FOR COUNSEL..
Mr. Justice Avory asked counsel if no old-established greengrocer set up a betting business and made
a condition that he would not make bet with any one unless they bought a carrot from him, would that business, come within the Act in question?
Mr. Bevan: There you have a man who gives up his business to
Passengers by the P.&O.E.3.
.
Valdera arrived Hong Kong on against drag of the 3-4 knot tides December 21st:-Captain R. which are met with at this point. Between the stage and the lore-shore Abercrombie, Mr. L. C. Brownell, there will be five bridges each wide Mr. M. D. Erskine Mr. J. Fry mough for motor traffic.. Mr. and Mrs. J. M. Gordon, Mis V. P. Green, Mr. C. E. Holmes,
docks and landing stage, workmen Co-incident with the work on the
are engaged in the construction of new station for the Londen. Midland and Scottish railway, and by which liner passengers will be set down in the heart of London within half an hour of disembark- ing.
set up a betting business and sells Miss M. L. Henry, Mr. F. B. carrots incidental to that business.Henry, Captain F. O. Hodgkin- Mr. Justice Avory: I am assum. son, Mr. H. M. D. Lowry, Mr. A. ing that he sold carrots years be
Narayanan, Miss. C. Ramsay, Miss fore. It is a case of a man who Shoop, Among passengers pass: to make a bat has to buy a carrot ing through Hong Kong were though he does not want one.
Miss I. T. Argent, Mr. and Mrs. Lord Hewart caused more laugh- Boyack, Miss F. Boyack, Miss L. Boyack, Master Je Boyack, Miss ter by putting to counsel this pro- A. Boyack, Master T. Boyack, M blem: Supposing a religious or ganisation were to advertise that R. Bloor, Captain S. Fayes-Day 9/Lieut. G. Bain, Mr. A. Brooke, at their services on Sunday even- Mr. G. Catlender, Mr. C. 8. Carey, inge cigars would be given away, crease in the congregation, would Franklin, Miss G. Farnell, Mr.ady for early next year. and there was a considerable in: Mr. C. A. R. Coghill, Mr. G. and Mrs. W. A. Gleason, Mr., J.
it be a fair inference that some members of the church went to the service for cigars
Mr. Beran: "No, unless it were proved that they had never been there before.
....
Mr. Bevan said the prosecution ought to call people who said
We are buying the coupon, nat the paper. But there was a total absence of evidence of that kind. There were no facts proved to justify the conviction."
"Bought For The Coupon," > . Lord 'Hewart (to Mr. RM. Montgomery, KC, for the jus tices): The only point on which the court wishes to hear you is this: What do you say na to the inference that some persons bought the paper solely for the sake of obtaining the coupon?
Mr. Montgomery: I would sub- mit that it does not matter whether it is solely or partly.
He contended that it was clear
that there was a considerable in-
crease in the circulation when the
C.
R. Guzder, Mr. A. L. Honnor, Mr.
two
and Mrs. J. C. Hutchison children and Governess (Miss Chijoff), Lieut. R. J. Harrison, Mrs. G. Hooper, Miss E. Hooper Mr. W. James, Mr. F. N. Judson, Mr. C. W. Johns, Mr. and Mrs
Kerr, Mrs. M. Katzenstein, Mr. K. Airpalani, Miss M. L. Laird, Jr. A. L. Miller, "Captain F. Maddox: Mr. H, H. MacTaggart, Mr. T Morimoto, Lieut.-Comdr. D. B. O'Connell, Col. G. R. Rice, Capt. J. E. Ridley, Mr. W. G. Riddell, Mr. and Mrs. J. Scott and infant, Mr. G. Sukhrandes, Miss F. E Ware, Brigadier General C. R. Woodroffe. Mr. R. G. Watkins, Mr. D. C. Walmsley. Mr. K., Yama moto.
Hewart, the justices formed & "On those materials," said Lord
certain opinion-an opinion an They said that they regarded it as doubtedly based on inferences,
a fact that some persons bought the obtaining the coupon, and thereby newspaper solely for the sake of acquired a chance or possibility..
"It should be materials which show
is. necessary
that in fact there was a ready
new Tilbury dry-dock which is to be Work is also proceeding on the 730 feet long, 110 feet wide and 373 feet deep, with provision made to extend the length to 1,000 feet later if necessary. This dock will be
The initial tests of the new dock' will be watched by big shipping concerns all over the world with But, they
the greatest interest. Fill be watched with greater in- terest still by London's 7,000,000 inhabitants, because of the opera tion of the new dock lives up to its constructor's expectations, its completion may very well mark the beginning of a new era in London's maritime history,United Press,
SERVICES CONTRACTUELS DES MESSAGERIES MARITIMES,
CONSIGNEE NOTICE.
8.3. "ATHOS-IL” -
ABLVED HONG KONG ON
18TH DECEMBER, 1928, FROM MARSEILLES, &c. A1AO BRING PALLICE, &c. Ex 8.5. “TETUAN”
ING CARGO From COGNAC, LAA
YONSIGNEES of Cargo by the
above named Steamer are hereby informed that their Goods with the ables are being landed and placed at exception of Oplum, Trescure and Valu their risk in the Godown of the Hong Kong Boeloom, whence Delivery Can and Kozloon Wharf and Godown Oo.Ltd.
football coupons were published, and that there was a drop in the circulation when they were not published. There was, he contead- ed, evidence that the purpose of publishing the coupons was either to increase or maintain circulation, and purchasers were induced to money football betting, business, Goods not cleared within 7 days in-
that there
money bets or wagers, or for the or agency for the making of ready receipt of any money as a con-
being landed and placed at their rink having arrived from the above Porta, ter by asking: Were you sugge of obtaining the coupon, thereby was a great advertisement in which sideration for a bet or wager.
in the Hong Kong and Kowloon Wharf and Godown Company's Godewas at where Delivery Kowloon,
сад be obtained as the Goods are landed.
Optional Cargo will be landed, unless Notics has been given prior to Steamer's arrival.
No, Claims will be admitted after the "Goods have left the Godowns, and all Goods remaining undelivered after the 23rd December, 1928. will be subject to Bent
Consignees of Cargo are hereby in- ing. Mr. Bevan, that it was a con- landed and placed at their risk in
dition of the competition that the Hong Kong and Kowloon Wharf and Godown Company's Godowas at Kon Paper at his "breakfast ? be obtained loon, whers Delivery may s soon as the Goods are landed.
formed that their Goods are be competitor should read the news
Mr. Bevan Oh, .no. The Sheffield Telegraph, which has Goods not cleared by 26th December, large and sure circulation, would 1928, will be subject to
Rent
send a copy of the newspaper. con No Fire Insurance will be affected by taining this coupon to readers who had read that newspaper all their most be left in lives, and who hope to continue
case whatever,
the Godowns for
us in any ion by the Cop-reading it all their lives.
Меняти.
the
Damaged All broken. chafed and damaged
and Company's Burva7078, Goods are to be left in the Godowns, Goddard & Douglas at 10 km., where they will be examined on 22nd
and Thursdays, Mondays .December, 1928, at 10 am. by our
All Claims must be presented within Surveyors, Mesars. Goddard and Douglas.
esars, Goddard and Douglas: Ten dage of the Steamer's arrival here, All Claims
after which date they cannot 6th January, 1929, or they will pot
recognized. be recognised.
No Fire Insurance will be effected, Bill of Lading will be countersigned by the Undersigned.
JEBBEN & CO,.
Agents. Hong Kong, 18th Dec., 1928. [7112
HONG KONG METEDROLOGIJAL
REGISTER.
Hong Kong Observatory, Dec. 23rd.
Provions On Date On Diste
Barometer... Temperaturs Humidity... Wind
Direction
Force
Weather...
Bain
'Day
at 2 pm 5 a.m.
p.m.
30.09** 30.11
1863 18
30.06
.72
81
IDI
E
*
B
0.00 11,00
6.00
the Goods have left the Godowns,
No Claims will be admitted after A Protest has been noted by the Master against bad weather. MACKINNON, MACKENZIE & Co. Hong Kong, 19th. Dec., 1928. [7123
Days of
HONG KONG TIDE TABLE.
From December 24th to 30th, 1928, -' ̈)
Wook
LOW WATER---
Mr. Bevan said that in August 1027 the Chief Constable of Sheffield communicated with the publishers of the Sheffield Telegraph, and as
the result of that the whole com petition was reorganised. After a month the competition took this form. No one might send in more than thirteen coupons in respect of one competition. Six were to be taken from the morning papers,
the evening papera,. and one from the Saturday publica tion. Great importance was attach- ed to that fact at the hearing of the case before the magistrates
six from
Mr.
Bevan further submitted
that the evidence before the magie trates did not support the in- ference that some persons bought the newspaper solely for the pur- poposes of the coupon Not a single person was talled to say. "I care not in the very least for the Sheffield Telegraph. I pay my penny for the coupon.
ARGUMENT ABOUT THE COUPON.
The
"I'
2
pay part of their pennies because the coupons were there.
There was also the fact that there for the benefit of the public, the paper in order to get the coupon were stated at great length.
be obtained as the Goods are landed,
Rent cluding date of arrival, will be subject to
All Claims must be sent to the Under- signed before Thursday, the 27th 1928, or they will not be
great advantages of buying the fly immaterial whether the defen.ed Packages must be left in
ין
LORD HEWART'S JUDG- MENT.
said that the case summons under a
"In my opinion it was perfect- dant in such proceedings as these carries on some other business. It is quite immaterial that he has for a long time been carrying on some other business, however well estab- lished and well meant.
"If he chooses to add to his pre- Lord Hewart, giving judgment, viously existing business a business arose from & which comes within the definition "very useful | laid down in the Act, he is liable Act of Parliament-the Ready to the penalty which the Money Football Betting Act, 1920, Arguments had been put forward, he continued, that there were no
enforces.
statute
"When I look at the statement of facts as eet out in the case stated, I am satisfied that there
the Godowns for examination by the Consignees, and the Company's Sur- reyors, Messrs. Goddard & Douglas at 10 am, on Monday, the 24th December, 1928,
No Claims will be admitted after the Goods have left the Godowns.
No Fire Ibrands will be affected by
in any case whatever.
L.LESDOS Agenti Hong Kong, 18th Dec, 1923. 17120
į
+1
CONSIGNEES' NOTICE. THE BEN LINE STEAMERS,
LIMITED..
From MIDDLESBRO", ANTWERP, LONDON AND STRAITS,
The Steamship "BENMOHR."
materials before the justices ea- titling them to come to the conclu were overwhelming materials before sion at which they arrived. It the justices to come to the condu would be waste of time to re-read sion at which they arrived. I can. the whole of the carefully stated not imagine how on these materials case, but it might be observed that the justices could have come to any. it was found as a fact that a box other conclusion. In my opinion in which the coupons were received the justices were right in their de was outside the main entrance of cision." the newspaper's nice.
Lord Hewart referred to the con
of are hereby pointed out tention that after that the gistrates went on to find Lord Hewart also poi found at coupons, to be sent in had been informed that, all Goods are bring tween the penny paid for some of a fact that boxes for receiving the limited, none of the newspapers landed at their risk into the hasardon FURTHER PRIZE OF £1,000. the copies of the paper and the coupons were placed at points in could then be regarded as being and/or extra hazardous Godowns of the
price paid for the coupon. He con- Shefield and district. At one box purchased for the sake of the foot-Hone Kose AND KOWLOON WILLKY tended that that was a most extra-alone
ball competition.
GODOWN COMFANT, Lap, whence, and/or High-street, Sheffield, in Mr. Justice Avory: There was vagant inference to draw in during certain hours on March In my opinion," he said, "that from the wharros Delivery may be one coupon every day 1
paper that had various attractions, 14th, 15th, and 18th last no fewer is a desperate contention, and I de obtained
No Claims will be admitted after the Mr. Bevan: Yea. Undoubtedly a including free insurance, football than 17,000 envelopes were deposit. not wonder that the justices con Goods have left the Godowns, and all great many people entered for this competition, crossword puzzle, and ed. Four or five sacks of envelopes | victed."
Goods remaining undalivered after the It in connection with which no claims h... competition, which was made more latent Stock Exchange prices.
Mr. Justice Avory said he was ..in.
50m 1 36 21
attractive by a further prize of was very difficult for the court to had been made, and which were not of the same opinion. He thought 28th instant, will be subject to Bent
All Claims against the Steamer must 57 50 45 31 21,000 to the person who succeeded say that a proportion should be at- opened, were destroyed completely, that there were ample, facts to be presented to the Underiqued on or
in forecasting the exact result of tributed as a consideration given 49m 2 25 14
justify the justices in drawing the
before the 11th January inference that some persons, at all will not be recognised.
1929, or they 4580
twenty-four matches, a prize going for one attraction or another at- every week to the contributor who traction.
events, bought the paper partly for All broken, dated and damaged Goods gave the nearest number of correct
the sake of the coupon and thereby are to be left in the Godown, where acquired a chance of winning, the they will be examined on the 27th instant, at 10 4x, hy Mosers. Goddard and To constitute an offence it was Douglas not necessary that there should be No Fire Insurance has been effected, direct evidence that persona had
Bulk of Lading will be countersigned by bought the paper for the sake of
GIBB, LIVINGSTON & Co. La the coupon only.
HIGH WATER, Elong
Kong
Standard
Time.
b.
Mon. 26m 7 38
+7
Hoight.
Hong
KOBE Standard Time.
Height
19108
44
Mr. Justice Avory: All they say is that there was some relation be
Tuen. 258-45
£8,000 ANNUAL COST. 38 Wed. 10m 9.4848
In order to cope with the com- 1 683 4
petition business the newspaper Higher open-air Temperature, 22nd: 73 Thur 27m10 4464104
41 in results.
had a special competition staff, con Lovest open-air Temperature, 23rd: 64!
9-128 6 22886
Our aubmission," continued tween the penny paid and thesisting of about ten girls. The 28 ml. 4744447 02 Mr. Bevan, "is that there is no coupon.
magistrates also found as a fact B-Blue sky
9 57 88
31535 evidence before the, magistrates Mr. Bevan: Then there must be that the competition was run at a Drizzle: F-Fog; L-Lightning; | Sat 29 0 42 43 m & 340 3 which justified them finding that some relation between the penny cost of over £8,000 a year in order M-Mist; O-Overcast; P-Passing
10 4483 5636 the appellants were carrying on paid for coupon, and crossword to increase or prevent a decrease in showers; Q-Squalla; R-Rain; T-San. 33 1.38a3m & 30 06 ready money football betting busi- and any special feature, such as the circulation.
C-Cloudy D
Fri,
prize.