KEROSENE DISTILLATE TEST CASE ENDS
Chinese Convicted: Nominal Penalty Imposed
WATER-BORNE PETROLEUM IS
ILLEGAL OPERATION
The kerosene test case, which has occupied publie attention w since September 3. was concluded at the Kowloon Mägistracy, yesterday when Mr. E. Himsworth delivered judgment. Hi Wor- ship found that Junk and small tradem, dealing with water- borne petroleum were engaged in illegal operations, and imposed a fine of $30 on Lal Yn, defendant in the case.
The
Crown
won their case of the goods in question, second against Lai Yu for, possession of that the goods are dangerous dangerous goods, but the main goods within the meaning of the contention of the defence-that Ordinance. and third that such the Ordinance did not provide for possession of such goods consti- the issue of licences for water- tutes an unlawful.act under this borne dangerous goods-was stated | Ordinance. by His Worship to be outalde the province of the Pallee Court. He was informed, however, that the Regulations in issue were being OIL MÅDE FROM PETROLEUM revised and because the defendant With reference to the second who was gulity of an offence to-point the defence admit that the day might not be guilty in a shortól in question is an oil made from time, he would only impose a nominal fine of $50:
OT
As regards possession this is ad- mitted. by the defence and calls for no further comment.
HONG KONG DAILY PRESS, SATURDAY, DECEMBER 19, 1936.
PROMISE SAILS
FOR SWATOW
RAN AGROUND, ON TUESDAY
The Norwegian steamer Promise
ASIA LANDS LIMITED
Annual General Meeting
afternoon in the board-room of Messrs. Lowe, Binghagh and Mat thews, when it tras revealed that the result for the year had been future was optimistic. far from satisfactory but then, the
THE FUTURE OF THE STATE
Manuk Lodge Lecture
Kong Club, Annexe.
A lecture that was teeing, dramatic and timely was that, which ran aground at So Tun Paning of shareholders of the Asia Thursday at Manuk Lodge, Hong The Afth annual general meet-given by Mr. John Russell last near Castle Peak on Tuesday Lands Limited was held yesterdag night whilit on her way from Canton to Swatow with a cargo
"I have come to-night" he of coal, was successfully noated
began, "to give you my idea of the and early resterday morning was
Future of the State. I would like towed into the harbour
to remind you, however, that I am Considerable curiosity was aros
no prophet, not even an H. G Wells and I can only give you the ed by ferry travellers yesterday morning when the vessel was seen Messrs. Lawrence Kadoorie (chair-un ordinary reasoning mind
The following were present: results of thought on the part of to be apparently pumping waterman), J. C. A. Fleming, G. Miskin out of her holda. Frquiries made and Li Chor-chi. at the offices of Messrs. Karaten. Laraser, agents for the ship's owners, revealed the fact that the ship was not in the leas damaged by her groundng.
The Promise left for Swatow late yesterday, morning.
ACKNOWLEDGMENT
St. John's Ambulance
The Director of Ambulance has the honour to acknowledge "with grateful appreciation and thanks the receipt of the following dona- tions:-
petroleum. Sec. 4 of the O-HE. The Governor dinance states that petroleum in- Per Mr. Kwai Chung--. cludes inter alla, oll made from petroleum "and sec.. 3 atates that
Mr. Tsol Wai Hung the following goods "viz. petroleum
Mr. Ng Hoi Lain
Lal Yu was charged on Septem- ber 3 with possession of dangerous goods, namely 770 tons of kerosene distillate and 347 tins of either shall be deemed to be dangerous kèrogene kerosene distillate, goods within the meaning of the found on Lighter 71V at Cheung Ordinance, while sec. 2(6) reads shuwan' Bay the previous day!"Dangerous Goods" mean any of Defendant was aned $150 and the the goods or substances specified 347, tins were confiscated. - Later in secs: 3 or 4 of the Ordinance." he was granted a rehearing on the Counsel for the defence, however, grounds that he had not been argued that even if the oll Ex legally represented and his offence hibit "D" is an oll made from petroleum it is not kerosene and, or kerosene distillate as stated in the charge. In view of sec. 21 of the Magistrates' Ordinance, which permits the magistrate to ad- Judicate upon the substantial merlis and facts of the case as
was a technical one.
Mr. F. H. Loseby appeared for defendant at the rehearing which was also before Mr. Himsworth, and Mr. M. J. Abbott, Assistant, Crown Soliciter, prosecuted.
THE JUDGMENT.
Giving judgment his Worship proved before him, unless the
said:-
party dummoned has been misled or deceived, I do not think that the question of whether the kerosene distillate is of primary oli.. is or is not kerosene and/or importance. But the question la worthy of consideration, in order to decide whether the defendant was deceived or misled,
до
Mr. Kwok, Chan.
Mr. Pang Yun Ting
Mr. K. Y.......
Mak Ying Kee, Kam Ti Anonymous (Per
Post),
$ 30.00
Mr. Chan Shing pon
100.00 100.00 100.00 100.00 50.00 40.00 30.00
8.C.M.
25.00 20.00 10.00
10.00.
10.00 10.00
- 10.00 5.00 5.00 5.00
3.00
Mr. P. K. Kwok Hon. Mr. M. K. Lo
Mr. Yung Taze Ming
Mr. Yung Hin Chiu'. Mr. M. H. Lo Mr. F. F. Duckworth Hon. Dr. Rotewall Mr. Ip Lan Chuen Mr. Fung Kl Cheuk
Mrs.
A. Whittaker. Fer S.C.M. Post) Mrs. Kwok Hoe, Kam Tin... Per Mr. Chan Ping Kwong
The Secretary having read the notice calling the Meeting and the auditors report, the chairings addressed the Meeting as follows:- With your permisilan I propose to follow the usual procedure and take the Report and Statement of Accounts as read.
BRIGHTER FUTURE The result for the year has been far from satisfactory, as, there has been no great demand for the Company's wharves. fts main source of income; recently there has been an encouraging resump" tion of interest and we have had several enquiries, which lead us to hope for a brighter outlook in fu-
ture.
It has been the policy of your Directors always to provide for possible losses, but I am glad to say that they have been proved overcautious for they have been successful, during the past year, in recovering a very large part of a debt previously considered doubt- ful, with the result that $22.000.00 has been released from Doubtful Debts Reserve...
|
con-
During the past season," tinued the speaker, "we had heard a series of lectures Llustrating the Plan of Evolution, as it exists in the Mind of God, in many of its phases. Now it would be shown. that a plan of evolution existed for the State as well as for different forms of government. This progression and evolution could be shown well by a compari- son of the past, present and. future.-
The past for the common man," as we know it from orthodox his- tory must have been one of simple, hard-working and spacious days: Agriculture was then the pre- dominating factor and all life centred around it. Their region wou'd be chiefly coloured by an Idea of the Supreme Being as primarily concerned with the f tility of their fields. Their educa Hon was one of mouth to mouth and from hearsay: the occasional man who could read or use his mind for philosophie thinking being regarded as something of a marvel"da
Government, of course, could not be trusted in such untutored hands and the State was usually one. of farmers overlorded by autocratic heads.
Gradually there
-The depressed state of Trade during the past two years has not only affected the Company's ren- tals but has resulted in great diftria ization, as farmers.commenced
aculty being experienced in col- lection of accounts overdue; we trust, by giving the debtors con- cerned extended credit, ultimately to recover certain debts which are 2.50 now reserved for in full.. -
81:57
RESERVES ELIMINATED
STREET SLEEPERS' SHELTER
Street. Sleepers' Shelter Society ment placed before you the Board The Executive committee of the In order to simplify the state- begs to acknowledge with grateful has eliminated all reserves, that thanks the following donations:- were not held for a specific pur- Mrs. K. C. Lyon
$5.00 pose, by utilising them to write Mrs. T. C. Wòng.....
5.00 down the Investment, which has Per another source
89.00 also been affected by present ad- Previously acknowledged 232.16 verse trade, and the Real Estate
which is now, we regret to state, $331:16 overvalued compared with its cost
when purchased, when both ship ping and property were being operated under much happier con- ditions.
We hope that many will think of the Street Bleepers especially, at this festive season, and give a "Amas „Present” to the funda. Donations may be sent to The Editor "South China Morning Fost" or to Mr. Andrew Cheung, Norfolk Road. Kowloon Tong, or to Miss R. Mow Fung.c/o Ollman &
R.E.O.C.A. FUNCTION
The Royal Engineers Old Com-
Since the close of the year un- der review Mr. G. W. Greene. who has been the operating agent of the Company for the past year and has been connected with it almost since its inception, hak accepted a position in Manila and your Dit- ectors have appointed Messrs. Lowe, Bingham & Matthews to act in his stead in the same capacity as they have long been, conversant
Refining of Petroleum' state that. the distillation range of Kerosene is 149 deg. Centigrade -316 deg. Centigrade and that the flash Point is not less than 73-deg. rades association have great plea-with its affairs. Farenheit, but do rot give a sure in announcing that, they will maximum flash point.
hold a Carnival Dance in the Peninsula Hotel, on Saturday. De-. cember 26. (Boxing night).
iz
REPORT AND STATEMENT OF ACCOUNTS With these remarks I now pro- Pose that the Report and State
came indus-
to sell surplus produce and then as they took to methods of has- tening, increasing and bettoring of crops and production, dustrialization geometric progression steam, gas and electricity in rapid succession, to herald in this pre- sent age with speed.
This in- accelerated f
as came
modern times. Everything is done For speed is the keynote of
hi the greatest of hurry. Men boast of the miles they have traveled in a certain short space of time and give no heed as to that over which they have travell- ed. They allow no time for BS- similation but rush headlong to complete another task in still less time.
Consequently there is now a tremendous accumulation of every conceivable product resulting in chaotic congestion. Invention.. knowledge, crops, machines; goods exist in abundance but are
dis- gracefully distributed. Some have have much, others have nothing and fantastic wealth exists side by alde with abject poverty.
ment
The earth is now in pain. For as many countries there are as many different types of govern-
and again each coun-.. try changes its
government several times. There are
IBC- tions and on all sides there is an ominous preparation for war The world is in travail and out of its labours will come a rebirth be adopted. When this has been all that la noble on the earth. seconded I shall be pleased to an True communism," not the pre- swer, to the best of my ability, any sent political and aggressive-com- questions the shareholders may munist, will peacefully unfold
chairman then continued:- wish to raise."
from present political systems. Mr, Miskin having seconded; the Social sense, law and order "will
the motion proposed by myself and and brotherliness will produce a
grow in the breasts of. future..citi There being no questions, I put zena. Tolerance, open-mindedness secunded by Mr. Miskin that the state which will not see it to tm- counts, as presented, be adopted. their nationals. For future citi- Report and Statement of Ao pose rules and regulations an
The Report and Statement of zens wil see themselves as unlis Accounts was unanimously adopt-in their smooth-going, orderly, and ever beautiful machine and will co-operate to their fullest extent accordingly.
Before proceeding to a discus- sion of the facts and law in this case I feel that some comment 19 destrable on one or two matters which have arisen during the course of this hearing. The Arst is that there have been some fairly broad hints, if not actually suggestions, made by the defence to the effect
SINGULARLY VAGUE PHRASE that the complainant. Mr. Fitz-
From the evidence I have heard Henry, in bringing this prosecu the term kerosene appears to be tion was actuated by some impro- a singularly vague phrase used to per motive involving a desire to denote a certain petroleum frac- exterminate the small oil traders tion, but lacking precise definition In Cheung Sha Wan bay to the because it is used differently in advantage of the larger oll com- different localities. It has panies. I am pleased to note that scientific' formula and in its mo- the suggestions were not pressed dern form appears to be a word further by the counsel for the de-
of American origin; the term tence in his concluding address, paraffin being usually preferred, in for I cannot find anything which England. Nor are the authorities has arisen in the course of this produced in evidence in agree hearing which could possibly sup-ment, Thus Kalichovsky and port any allegation that Mr. Fitz Stegner in their book Chemical Co., Ltd. " Henry was prompted by any mo- tive, or acted at any time in a capacity other than that demand- ed by his correct discharge of his duties as a Fire Brigado Officer.
Another aspect calling for com- ment is that the evidence heard during this case trespasses well.
The Engineers' Year Book 1936 outside the boundaries of the pre-states that the distillation range sent charge. Allegations were is generally between 150 deg.. Music will be from the Band of made at various stages of the Centigrade and 300 deg. Centigrade the 2nd Battalion The Royal Welchment of Accounts, as presented, hearing that the whole Ordinance (IPT) Cameron his book Fusiliers, (by kind permission of was an anachronism which should "Chemistry in relation to Fire Major LA.A. Alston, U.S.O., M.C.. have been revised long ago, that Risk and Fire Extinction' states and Officers). the government had deliberately that the distillation range of misled the small oll men into a Kerosene is approximately 130.deg. Room and the Roof Garden and Dancing will be in both the Rose false belief in the lawfulness of Centigrade 230 deg. Centigrade will be from 8.45 pm until 2.00 their trade, and that the executive has (as known in England) a flash am. has discriminated in the use of point above 73 deg. Farenheit: Fancy Dress will be optional. and its powers in enforcing the law. usually between this figure and prizes will be given for costumes fulness of their trade, and that 95 deg. Farenheit. Moore in his showing or executive has discriminated in the book. Liquid Fuels places the dis- those not in fancy dress will be originality, Dress for
use of its powers in enforcing the tillation range irom 150 deg. optimal. law. Although...I. permitted evi- Gentigrade 300 deg. Centigrade dence on these points to be called and the flash point at 100 deg. it was because I did not wish (al- Farenheit and above. In a book though my fears on this point ap- published by the American So- pear to have been somewhat over-ciety for Testing Materials called
The forthcoming weddings are sanguine) to prejudice the de- the Gignificance of Testa of Petro announced between Mariano Mario fence in any way. It would not, leum Products, is is argued that the de Silva, clerk, residing at 6 however, be irrelevant to re-iterate NORMAL close cup flash point Granville Road, and Celeste Aura what I sald during the course of range for kerosene is 100 Fina Osmund, saleswoman, 29, the hearing, that this Court le not 160 deg. Farenheit. The chief Jordan Road; and Hugo Marcus sitting as an inquest on the con- point which emerges from this dos Remedios and Alda Maria de duct of the government or the survey of the authorities is the Loudres Britto, of 33. Hankow Roading was the appointment, of audi- executive, but to decide the un-wide discrepencies which exist in Kowloon. Jawfulness or otherwise of the acts regard to the flash points and the ] ---- alleged in the charge.
comparatives agreement on the was a trade name but it was never The defendant is charged with fubject of distillation range Ac suggested by the defence as to having in his custody or power cording to the certificate sub what the oil might be if it was dangerous goods, to wit, approxi- mitted by the government analyst not kerosene I think that the mately 200 tons of kerosene dis- the flesh point of the oil was 177 withets for the defence, Mr. Bray- Illate and 347 tins of Kerosene deg. Farenbelt-180 deg. Farenheit field dealt with the problem on and or Kerosene distillate, such outside the ranges mentioned common sense lines and called this kerosene or kerosene distillate above and the distillation range oll by the name taken from the im being products. er petroleumon was 208 deg. Centigrade 279 deg. port certiacate namely kerosene lighter 71V. in Cheung Sha Wan Centigrade.
distillate. I think the prosecution bay on the 2nd of September 1936,
was Justined in adopting the same, without a licence contrary to Bec,
procedure, and I cannot belleve 10 (1) of the Dangerous Goods or
that the defendant can have been dinanes 1873. In order for the
deceived or misled when he re.. prosecution to succeed wider this
calved the summons (Ate
There were four cases of diph 4therta and one of enteric fever charge. I think they must prove
There remains the third point notifed to the Health Authorities three points It must be shown
namely that the possession of this during the 24 hours ending Decem that the defendant had possession
(Continned on Paze. 10) ber 17
NOT KEROSENE Witnesses in evidence were equally undecided: ther govern ment analysis refused to refer to the olla Kerosene, Mr. Fitz Henry thought it was, while Mr. Brayfield was sure it was not. All agreed that the term Kerosene
WEDDINGS
ed.
DIRECTORS APPOINTED Mr. Li Chor-cht proposed that the appointment of Mr. Lawrence Kapore be confirmed and that Messra. Miskin and Ko Leong Hoe be reappointed to the Board,
The Anal business of this Meet- The proposal was duly carried,
tors and Messrs. Perey Smith, Seth & Fleming, Incorporated, Account acts, were invited to all the va-
man said: "I thank you for your In closing the meeting the chair
carry out the statutory require attendance. this afternoon to ments of this Meeting.
cancy.
COLONY'S HEALTH
Mr. Russell true to nationality quoted Robert Burns inspired pas
sage-
"When man to man the wor'd
o'er "
where happiness shall be the
Shall brothers be In conclusion, he said: "And"
the trults of our labour and peace the watchword is where Les my ideal of the future state."
Mrs O. M. Parkinson President Merry Christmas on behalf of the of the Lodge, bade the audience a
next lecture takes place on Janu- local Theosophical Boclety. The
ary 7th, 1937.
R.M.A. DORADO
The plane, Dorado, arrived from Penang yesterday with no freight and 113.044 klice of mail
She carried no passengers on the
10
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