THREAT TO
TO PORT OF
TIENTSIN
Conservancy Schemes Held
Up Five Years
FARMERS' ABSURD OBJECTIONS
UPHELD
Mr. Lancelot Giles. C.M.G.. the British Consul-General in Tien- tain acting as Senior Consul in the absence at Peltalho of Dr. H. Betz, together with M. Lepissier (Consul of France), as representative of the Consular Body on the Hatho Conservancy Commission, have handed over to the governor of the} province the following important Memorandum
Acting on urgent recommenda-
tive on the Haiho Conservancy and the Hat Ho-Improvement Commis- sions, the Members of the Tientsin Consular Body at a Meeting held on July 27. have unanimously de- cided to draw the attention of the Head of the provincial govern- ment and chairman of the Hal. Ho Improvement Commission to the following facts:
serve as a basin to contain the summer freshets from the date of the summer solstice to the end of
the freshet season.
(c) To construct a second outlet channel from the southern section for the return of the clear water to the Hal Ho through, the Hsin Kal Eo.
THE CONCLUSIONS
7. The conclusions to be drawn from the preceding statements are the following.
HỤNG KONG DAILY PRESS, TUESDAY, SEPTEMBER 26, 1933.
IN MEMORY OF THE LIGHT THAT
MR. AGASSIZ Tribute From Bench
"And Bar
LOSS OF MUCH-RESPECT.
ED COLLEAGUE"
יך .
-In the absence of the Acting Chlef Justice, the Pulsne Judge Mr. Justice Lindsell yesterday ad- dressing a large gathering of amcials of the Supreme Court and representatives of both branches of the legal profession, paid warm tribute to the late Mr. B. L. Agassiz Official Receiver, of the Supreme Court, who passed away on Saturday,"
The Hon. the Attorney General, Mr. C. G. Alabaster, speaking, on and of behalf of the local bar the Court associated himself with Mr. Justice Lindsell's remarks, as did Mr. Geo. E Hall Brutton, who represented the Incorporated Law Society."
*
FAILED! On The Ferry Man Chung
INTERESTING CASE" AT
MARINE COURT
SQUEEZE!
Visas On Passports In Yangtsze Area
(From Our Own Correspondent),
can
Ichang, Sept. 14.
How
we squeeze more money out of the foreigner? This seems to be the question of the hour in official quarters. On ar- After two, remands the caserival at Shanghai for summer vaca- which Leung Kan coxswain of tion, the writer was told his pass the Yaumati Ferry Launch Man Chung, was charged with being port must have Chinese Visa; To underway in the vessel without a good deal of excitement was Chefoo 25. To Mokanshan. $3.
the port side fight on September 15, was, heard by Commander Created last evening on board s.a
Biangwo. by at Newill
the Marine
a party of semi- Court
uniturmed men, said to be from. yesterday. Defendant was repre the stamp tax bureau, who tried sented by Mr. F. H. Loseby of Messze Russ & Co. "
to compel the Compradore to pur- Sergt. W. W. Ridges said that chase stamps to affix on passengers on the 15th, he was in a launch tickets. They refused to listen to reason and became not only in- in the central fairway. The Man solent, but pugilatie, and anally it Chung was crossing the Harbour was necessary to call the armed from north to south, and crossed guard to put them off the ship his bows from starboard to port The China Travel Service appar at a distance of about 200 yards Pently have some arrangement with vessel.
was all right. He then went back ACID THROWN AT
WOMAN
Chinese On Serious Charge
It is estimated that an increase by $2,000,000 over the original sum authorised for the entire palliative 'tions of the consular representa- scheme will be required for ita. The two branches of the legal He could see no part light on the this stamp bureau, and it will be.
above lines, profession were strongly repre- completion on the
A pity if officialdom puts any He steamed alongside the port This will entail further negotta sented. those present" being: The tions with the group banks that Hon Mr. C. G. Alabaster, K.Cside for about two minutes but handicap on this splendid organi-
sation. what- issued the original loan and those Mr. F. X. D'Almada (senior), Mr. there was no light there
He went to the starboard negotiations will depend upon the X. D'Almada (Junior). Mr. Leo ever.
D'Almada e Castro (Junior), Mr. prolongation of the Burtax.
side and saw that the light there L. R. Andrews, Mr. A. el Arcalli, Mr. H. J. Armstrong, Mr. D. H. to the port side and steamed Blake, Mr. EL A. de B. Botelho, abeam of him till he got to the Mr. Gea. K. Hall Brutton. Mr. wharf. There, witness sald. the Brown, Mr. R. H. Cole, Mr. J. Aughts of the terry were changed. 1. The original palliative pro-
(a) Five years have elapsed since Fraser, Mr. T. M. Hazelrigg, Mr. with the green on the port side ject agreed upon in 1928 was for the purchase of the low lying area the project that normally should P. M. Hodgson. Mr. H. K. Holmes, as if the vessel was coming out. known as the Ta Ho Tien to serve have been completed in 18 months' Mr. W. C. Hung. Nr. P. T. K. as a settling basin for the freshet time, was launched. During those Kemble. Mr. C. Y. Kwan, Mr. B. water of the Yung Ting Ho, a very Ave years no less than eight dif-C. Lee, Mr. D. J. Lewis, Mr. H. W. simple scheme which could have ferent plans have been put forward Lee, Mr. M. K. Lo, Mr. M. W. Lo, been completed in eighteen months for its completion, Seven of the Mr. Hir-shing Lo, Mr. Lo Tung at most. In 1931 it transpired that eight plans have been talked Fan, Mr. F. H. Loseby, Mr. R. C. Mr. H. C. Macnamara. the land owners in Ta Ho Tlen mostly on account of the Inap-H. Llm. area objected to selling their land. plicability of the law of expro- Mr. Duncan McNell, Mr. J. B. A new settling basin in the Peftien priation. The eighth plan has not Prentis, Mr. J. T. Prior. Mr. J. M. area was agreed upon as the com- yet materialised. The effect of D'Almada Remedios, Mr. Peter mission was assured that the land this protracted delay on the Hai Sin, Mr. M. A. da Silva, Mr. W. J. owners would welcome the flood- Ho has been a steady deterioration Lockhart Smith, Mr. D. L. Strel- ing of their land to a degree which of the river. In other words, the lett. Mr. C. G. N. Tinson, Mr. M. would make it possible to use this Yung Ting Ho is gradually gain-H. Turner and Mr. R. A. Wadeson. area as a settling basin withouting in its inexorable determination Mr. Justice Lindsell said: "It is
that having to buy the land.
to destroy the Hal Ho by extend-a sad matter
this is the ing into it, and, through it, Its second occasion within three days the Court has sat to 2. In January, 1932, it was dis-delta. If the Bar channel is lost, on which
of the death of a closed for the first time that the Tientsin will cease to exist, as a take notice
member of the legal profession of farmers in the new settling basin port.
Hongkong. To-day We deplore area would object to the diversion.
the death of one who was not only an "amicus caurlae" but also an officer of the Court."
"FARMERS' OPPOSITION.
IMPORTANCE TO NATION.
Edward Lewis Agassiz
Charges of throwing corrosive acid, at a woman named Chan Yuet "Ying were preferred against BL marine store, collector named Ng. Wah before Mr. Schofeld at Cen-. trol Magistracy yesterday.
Mr. Loseby.. (cross-examining): You say that it is habit for boats to change lights before they get alongside? Yes. I put it to you it is never done on the Yaumati Ferry-it is done in the majority of cases.
You saw he had no light before he got alongside, you did доб think 10
was necessary to stop him?-No.
Why not? It is not part of my duty to, unless there is a serious offence.
Then you think the offence was ant's mistress about five years ago a very minor one?-I didn't think and in 1931 they came to Hong it was serious enough to stop him Kong where they stayed for a while in the harbour. You think before going to Fukien
after the woman returned but was better not to stop her; bet ter to let her go on-Yes.
Harbour Master Disagrees With Witness, His Worship: I must say I don't agree with that,
When you Mr. . Loseby:
got alongside you told him there was no port light and he said, there was? Yes.
Then why didn't you say so? Is is not a part, of my duty to re- peat what other people say.
Why did you take out this rum- mons? Is it definitely an offence to have no port light? Yes.
Where is it laid down, please show it to me I wrote out the summons and a senior officer -at- tached the Bection.
of the spring freshet into that (b) The vial economic conse- basin. On account of this opposi-quences to the nation of the de- tion that freshet was 'not diverted. Iterioration of the Hai Ho have not 3. Continued opposition was been given sufficient consideration.
was It is dificult to understand how born in June, 1879 and enrolled put forward against the construc-.
of "Tewas solicitor
the tion of the second outlet channel the momentary interests of
Supreme in January. and although the objections were farmers have been allowed to take Court of Judicature found to exceed all bounds of ab-precedence, over the commercial 1903. In February, 1914, he was surdity, the provincial government requirements of the Port of Men admitted and enrolled as a solici- decided not to oppose the will of tain. It is still less comprehen- tor of this Court and remained in until 1920, the Nantsang farmers. This decl-sible why the lives of the one mil-private practise here sion necessitated' A complete | Ition inhabitants of this. port when he joined the Government In December 1926, he change of plans.
should be exposed to the danger service. 4. In June, 1933, the Engineer-of floods as a result of the drain-was appointed Official Receiver in In-Chief of the Hal Ho Conser-age capacity of the Hai Ho being Bankruptcy, and in December, vancy Commission drew the atten-reduced to meet the requirements
the of a few farmers. tion of his colleagues on Technical Committee of the Hai Ho Improvement Commission to the immediate necessity to divert to be the main cause of the dim-legal profession the combined output of the Yung culties encompassing the realisa- brought them into touch with Ting Ho and Pei Ho into the settl- tion of the palliative scheme. It him. must have been impressed ing basin. This diversion was nots, known that adequate and just by his single-minded integrity and effected until June 17 and, in the laws for enforced expropriation are honesty of purpose and also by meantime, the harbour was heavi- contained in the Civil Code of the his gallant fight against the ly shoaled. The reason for delay- Government and it is felt that, had handicap of falling sight." ing the diversion was due to an these laws been applied to the "On behalf of the Bench. I de- undertaking entered into, by the palliative scheme at the outset, both sire to express here a sense of Mr. Loseby: When you got to Improvement Commission with the time and money would have been the loss the Court has sustained the whart had she any light on people of the settling, basin that saved. The principle of extending by his death and our deep sym-the
side?--After the diversion of the summer compensation for the loss of crops pathy with his relatives. In par- minutes there was a green light freshet into the settling basin in the settling basin, although un-ticular with the widow." would not be made before, the sum-avoidable under the conditions in The Hon. Mr. C, G. Alabaster
(c) The failure to resort to en- forced expropriation would appear
1927, appointed in addition to be Registrar of Trade Marks and Letters Patent.
"I think that members of the whose duties
"In him we have lost an able
W!
Ip Yan, the coxswain of the police: launch then
cor- gave roborative evidence. Questioned by Mr. Loseby be said he follow- ed the ferry to the wharf,
Mr. Loseby: Then how could you see whether there was a red light or not?-Witness made no reply.
-port
on the port side.
Quite sure of that?-Yes.
· Mr. J. A. Fraser for the prosecu-
tion, told the Magistrate that the complainant was a Singapore pro-
stitute. She became the defend-
Shortly
while the man stayed in Fukten. he sent her money regularly and eventually he also returned to the Colony.
About a month ago, the defend- ant told the woman that he could not keep her any longer and that she would have to go out "and look for money." She reverted to her old way of life and on Sep- tember 8. the accused told the woman they had better part. He then packed his bag and left the fat in which they were staying. street, and, after exchanging a few The next day they met in the
words, defendant is alleged to have thrown some acid at the woman's face. She blew a police whistle and finally they both went up to the Police Station and when the woman was sent to the hospital. the inspector detained the man for enquiries, as a result of which the
present charge was brought.
Mr. V. C. Branson, assistant Government analyst, gave evidence regarding the acid and after com- plainant had given evidence, hear- ing was adjourned until Saturday morning:
Complainant persisted in her statement that the acid was not thrown at her accidentally as the complainant had made a threat to blind her the night before the alleged incident.
and
Questioned by Mr. Loseby, with
mer solstice, L.e. June' '22. Albeit which this was done, is not fav- said: 'I should like to associate I put It to you that the red heavy compensation was paid to oured. It is feared that it is liable myself and members of the Bar light on the port side came on the people of the settling basin to lead to extravagant claims and and legal members of the Govern- before the ferry got to the wharf? for the flooding of "that area in to abuse, such as was manifested ment service with Your Lordship's the spring this undertaking not to by the people of the lower end of tribute to Edward Lewis Agassiz-No.
I put it to you you were too farness sald the ferry still had some flood the basin again before the the Yung Ting Ho delta. It la per- date of the summer solstice was tinent to remark here that the and conscientious lawyer, a valu- / astern to see?--I would know.
Pressed by Mr. Loseby, witness way on it while the lights were dear friend
being charged. And also conditional to the diversion flooding of the lower extremity of ed colleague and a
- Mr. Loseby: The Bergeant says of the spring freshet.
the Yang Ting Ho delta was in whose memory we shall treasure. said that the speed of his launch and was about 8 or 9 knots as com
you always change the lights be HARBOUR DIFFICULTIES," no way connected with the, diver- The Bankruptcy Ordinance
fore tying-up-what do you say In so far as the area that had sion works at Chu Chia Tien, but Rules will remain on the Colonial pared with the ferry's 10.
Then how could Mr. Loseby:
to that? No. been flooded in the spring was that it is the normal consequence Statute Book as a monument to concerned, there was no reason of freshets in the Young Ting Ho. to extend to it immunity from
..."
CHAIRMAN'S LETTER.
-
Yes.
When the Sergeant said you had no lights what did you do? took down the light and showed him
The port ught in question (which had replaced) was an off lamp which was always kept trimmed in case it was needed.
Mr. Loseby: When your lights
his accuracy, industry and zeal you catch her up? Look here, We wish to associate ourselves your story was this, you got on further flooding before June, 22 pe- 8. The Consular Body give their with the Court's expression of the port side, then dropped be
hind to the starboard side then cause no crob could have been full support to the view of the Hal sympathy with Mrs. Agassiz.” brought to maturity on that land | Ho Conservancy as expressed in the
"Mr. G. K. Hall Brutton. Pre- went back to the bort side and between the dates when the spring letter, which the chairman of the sident of the Incorporated Law all this happened near the whart? freshet water had been drained on Board addressed to the governor Society of Hongkong, said: "It is
since the year. 1927 that the meme This concluded the prosecution and the summer solstice,
on June 21, demanding: Consequently, the Tientsin Har: (a) That a definite and anal plan bers of the legal profession be and then Mr. Losoby submitted bour, which had been dredged to for the effective completion of the came, better known to Mr Agases that he had no case to answer. a highly satisfactory condition for calliative scheme will be carried and he became better mown to "What actually happened." he the reception of seagoing vessels, out before the onset of the spring them, by reason of his appoint said "as I think we have got was rendered unnavigable for no freshet of 1934.
ment as Official, Receivers from the coxswain is that the purpose.
(b) That steps will be taken to work, brought him into close and light went out after the ferry was 5. Further deterioration of the divert future freshets to their setil- constant contact with our profea underway, She slowed down, she harbour, reducing it to a dangering basins immediately the serch sion and I am expressing their must have to enable a much der Ne ous condition, was caused by popu- the diversion works on the Fei opinion when I say that, by his slower bost to make rings round lar interference with the regulator Yun Ho; that adequate telephone sympathetic understanding of her, and as the Sergeant says communications with the diversion unfailing courtesy and tact, and there was no danger to shipping It is very serious offence, show 6. At the last meeting hald by works be installed at hydrometric the dimculties with which solici the Improvement Commission it stations on the Yung Ting Ho and tors have to contend, he won our ing no regulation lights and en- dangering shipping but it must be was decided to examine the poss! Pei Yan Ho at suitable points above esteem and affection bilities of yet another plan" for their confluence so that proper
"On behalf of the Law Society done wilfully before there is an the completion of the palliative warning of the approach of fre-I desire to express to Mrs. Agar offence. In this case, I submit I scheme, via;
shets may be received at the diversiz, their deepest sympathy with have no case to answer, but it slon works to ensure their imme her in her great loss and we would. Your Worship wishes I will put diata diversion, and that standing like to associate ourselves with my man in the box and he will authority to close the regulator ac- the remarks of His Lordship and explain to you what actually happened.indavide His Worship: I think that would
soft be better.
on July 8.
went out was the police launch in a position to see you had no light? No, it was astern.
When did you light the oli lamp?-Immediately the port: ghs
Commander Newill:- 1-find-thal the port light evidently did yo out. Therefore he was under, way without sport side light.
Mr. Loseby: Yes, yes, quite so. Therefore there was an in-
HE Worship: What was your fringement. No, no.
Mr. Loseby This I was under point? I don't quite see way and my port side light went ly wasn't his (my clients) wilful out was it my fault? It certain- default. The question is, was He without lights any longer than necessary?
If he had sat down and lit à Leung Kau accordingly gave cigarette before sending for his ently consituted for this purpose. public funds, unless definite guar evidence. He said that after he quarter-master - then he would (e) That definite arrangements anlees are given that the last had been under way for some have been sulity of wilful default, be drawn up for the effective con- amendment proposed for the comtime he found that his port light but he did not he sent for him ing the lease for a further term trol, as well as for the main-pletion of the project will be car was out. He told the quarter- Immediately and so far as any of ten years--to serve both as a tenance in a state of perfect utility, Fled out without further interfer master, to see to it and rang the one can see he did everything he basin to contain the spring freshets of the diversion works at Buchuang antes olev gel engines, to stop. When the quar- could a
Worship, after as well as an emergency basin to and the sluices of the Kwang Ehr 10. In their desire to avoid fur- ter-master reported that the take the slit-laden waters of the Chiang, Hain Kal Bo, Chien 11 and ther confusion the Consular Body lights were replaced he restarted minutes thought, decided Yung Ting Ho at any time it is Machang canals
Avocate that the realisation of After the boat had gone Long serve Judgment, and to look up remanded pending considered advisable to divert them. 9. The Consular Body also apa the final project be left in the side and been tied up and the the point of wilful default. The before the date of the summer prove that the Hat Ho Conservancy hands of the Hai Ho Improvement engines shut on he changed the case was
Judgment solstice: The southern section to Board are not disposed to associate Commission.
(a) To extend the settling basin to include the Ta Ho Tien with the Hain Kai Eo-Chin Chung Ho for TWO, BECTIONS.
its southern limit.
(b). To divide this basin into
two sections. The northern sec tion-which is to be purchased, or, 'failing the possibility of purchase,
to be rented for a period of fifteen years with the option of extend
1
ross the Pel Yun Ho and open the the Attorney General." alnice gates across the inlet chan-
nel at the first indication of a themselves by their representation freshet obtaining be invested in an, the Improvement Commission The Coxswa_r's Story, an executive committee: perman-with the expenditure of further
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