COMMERCIAL.
THE HONGKONG TELEGRAPH MONDAY, MARCH 13, 1916.
ENEMY TRADING CASE. edition page 741 of ag, where of the interview, be added that HONGKONG SHARE
Takn Tug and Lighter: Co (Continued from page 2) The Annual General meeting of the Tain Tug and Lighter Co. Na evidence was offered by Ltd., was held at Tientsin on the the defendant Company of owner 29th ult with Mr. W. A. Harling ship of the goods. No copy of in the chair. The result of the the policy was produced in the yer's working showed a balance Court; a press copy was seen by of $155,600.77. An interim the secretary who was almost dividend of 2 per cent was paid certain the free from captors in September last and s final chuse was omitted. The pari- dividend of 6 per cent, making Sicalars of the policy, however, per cent, for the year as Bore set out in the January, 1915, ed. The total value of the Com-return of Teige and Schroeter, pany's Steamers and Lighters which has been produced to the now amount to Taela 1,506,917.74. Cars (Ex. 2).
The Cotton Crop in the Punjab Labore, January SI--Although the cotton crop was poor this year in this province, it is gratifying to note the successful results of
"Any person sabject to the the introduction of American cot ton in the canal colonies. At the jurisdiction of His Majesty's Lys Ipore sales, held a few days Supreme Court for Chins who ago, a representative of Messrs insares or otherwise under- Tata and Sons came up from takes to pay or make good any lows Nagpore on the invitation of the ordamage suffered or to be suffered Agricultural Department and by the enemy at ses commits an purchased all the finer counts offence. cotton that were for sale thers.
It is now necessary to deal with the law and I set out the section of the Regulations under which the charge is brought it reads 88 follows:-
REPORT.
-SELLIES; BASKAZINI:
BUYERS: X-NOKEIAL
OFFICIAL PRICES.
Banka
Banka
$785 £71/10/-
b $1024
Marine LasCITRICES.
Indos (Com) Indos (Def.)
Lados (Pref)
ہو گیا
the author goes into the question)two classes of British mbjects af commercial domicile. The odi came to him, those who tion was published in 1908 and, wished to traền with the enemy. I would remark, different viszsza (inquiring how far they could go, to commercial domicile have been and those who did not wish to expressed since.
trade, and Mr."Burnie was in the (3) Counsel, however; does notļiarmer catagory. rely greatly on Diosy, but hase I is also clear from his evid his argument principally on the ence that the Consal General har Trading with the Enemy Pro serer wavered in his opinion that clamations embodied in trading with Germană în China The Trading with the was undesirable, and, that being Cansons Enemy Act, 1914, the King's so, it seems certain to me that North Chinas Regulations No. 4, of 1915, and his recollection of the
in-Unions that Germans in China were not terriaw in question is accurate. Yangiamos made enemies till the Proclame must have had the Treasonable ation of June 25th, 1915. It is Insurance Regulations in his mind andoubtedly true that these Pro- and also the despatch from the China Fires clamations and the Act confined Foreign Office referred to in his .. Firga the meaning of "enemy" to per-evidence. I need not go into sons resident or carrying on detaile as to the interviews be- Douglases business in the German Empire tween the Secretary of the Com- Steamboats and its colonies and dependencies; pany and H. M. Shipping Vice- and the argument is that, trad- Consal. Both are agreed that at ing with these alone, being pro- this lapee of time their recollection Shells hibited, all other Germans are may not be absolutely clear, and declared neutral and therefore in any cass neither interview can Ferries ade with them is legal. I courbe termed oficial, I now turn to gen sider that this argument is not the question whether the cargo Sugars
und; it entirely overlooks the was able to capture.
Prima facie enemy cargo on a purpose and scope of the Trading with the Enemy Act and Procla British ship is liable to capture. Kailans The Regulations bear the marks mations. What exactly did the That this is so is laid down in Sugar Prospects la Far East of hasty drafting and were no Act do? It penalized British Halleck International Law 1893, Trabahs
At the present time, writes the doubt framed in a hurry:"8.g. subjects who traded with a certain Volume 2, pape 96. U. S. Consul General at Hong-they provide for a penalty of 550 clans of Gemans; it did not *If such owners (ie. of pro- kong, sugar prospects in the Far on summary conviction, whereas confer the status of neutrals on party on the high seas) are hostile, Docks Wharves, Godownsfäc. East are math brighter than the O. in C. 1904, from which Germans not in that class, it was friendly, or neutral, their proper- usual. Philippines promise a they derive their authority, by act able to do so; all that happen-ty is to be considered hostile, Docks, Old large crop, that of Negros Art. 45 provides for a maximum ed was that British subjects who friendly, or neutral and as auch Docks, Ner and Panay probably reaching fins of £30; no definition is given traded with Germans not in the is subject to, or exempt from, Shai Docks *4,000,000 picala, or about 266,666 of an enemy; and they speak of class armed at ware not punished. capture
short tons, and exceeding all "person subjecito the Jurisdiction previous records. The Beard ofF.M. Sapreme Court for China." having charge of the erection of It follows therefore there must sugar centrals in the Islands be:- under the new plan of assisting such projects by loans from Government funds has decided to promote the erection of at least -one new mill to care for the 1916- 17 crop. Prices of sager all over the Far East have held up well, the demand in America sap- plementing the revising demand in China and India The Hong kongreficerieshave Leep crippled
Chinese Miding Law
Revision.
The present Chinese Minister
of Agriculture and Commerce, by
+
(a) A person subject to the jurisdiction, etc.
so
(3) An insurance by such per
(*) Of enemy property liable to capture at sea.
Luzona
Raubs
Urais
E. K. Whares
BANKS
BANK OF CANTON
LIMEMEND.
HEAD OFFICE HONGKONG
FOREIGN EXCHANGE and General Banking Business Trans- acted.
CURRENT ACCOUNTS open- ed and FIXED DEPOSITS Re ceived.
INTEREST ON FIXED DEPOSITS:
For 12 Months 42% per annum
LOOK POON SHAN,
Chief Manager-
NOTICES.
¿CHINA – PROVIDENT
LOAN AND MORTGAGE
CO., LTD.
(Capital Paid up...$1,250,000.)
Loans un Montage of House Property. Sc. Goods recurred on Storage
Advances made on Merchandise. Zaman made on the Providert System Dates and Particulars on appäćacion).
The Office of
TRUSTEE EXECUTOR OF WELLS, ATTORNEY, ka. Läderake; and Executed.
SHEWAN, TOMES & Co. General Managers.
NOTICE
BANKS
HONGKONG & SHANGHAI
BANKING CORPORA
TION
Paid-up Capital ..............$15,00€,000- RESERVE FUNDS:
Starting
£1,500,000 at 25
***$15,000,000 Siver $18,000,000.
€35,000,000
Reserve Liability of
Proprietors__________$15,000,000
COURT OF DIRECTORS
W, L., Fatheruen. Izz. -Qamar. S.H. Docwel Xag-Depery & Jaizuun,
* Gubing. Eng.
Hot, Xt, P. E. Hayot
J. A. Phammer, Esq.
Hon, XzK Shellion,
CAKEP MAKARER
Hongkong X. J. Sada Kag.
XARAGE
Shanghaima, G. Stephen, Zaq Londoo Bankery-Londen Conry and
Testmidater, Limited,
Hongkong---Zatement Abowen ;
On Carrent Account at the ram of 7 per ceIT. JET sanna do the daily balance.
ON FINKO DEPOSITS.“ For month it per cent, PET BOILIJA, For months, 4 per cent, per about, For nostia, 4 per cent, jut antuan..
N. J. STABB,
Chief Manager
HONGKONG SAVINGS BANT.
Fusiness of the above Bank is vraducted by the HONGKONG AND > BANGHAT BANKL
ORPORATIOK, Rules may be obtained on application. INTEREST on deposits is allowing she mis imam monthly balanomat #zi per cent. pet AUDIR.
Depositors may transfer, as their opting balance $400 or more to the Hootong and Shadigini Fank to be placed on FEED DEPOSIT ap
DEAL, Aleta.
For the Borghong and Shanghai Banking Refpon tion
N. J. STABB,
Chief Manager
THE MERCANTILE BANK OF INDIA, LIMITTEND.
>
182 $975 $260
Fire Insurances.
b. b.
For 3 Months 3% per annum
Shipping.
EL
$150 $415
SISS
For 6 Months 4% per annu
$IS
$182
$134
$1$
981-
$39
Refineries.
b.
THI
$149 $44
Mining,
30%
301-
351-
b.
$713
b.
$109
$104
b.
1654
Ekew Wharres
t 93
b. $1124
S
$104
:
b
$6*
TIME TABLE.
$372
VERK DAYS.
3,00 AM to
b.
.107
Local
ta
30-00
M
3000 Al
* 24
5.
$87
想問
15 Ma
Cotton Mills
Bombay
$150
Cheatre
Colombo
$24
Deitä
+71
b.
4. L
b.
6
Miscellaneous.
1500 4M
1.00 Noo to 3.00 P
MI
to M
b.
$102
1.00 Jul 1 $100
5-00 71
13
$4.60
b.
$9.30
b.
B.
$10.73
D.
b.
E.
$44 $180 $40 $5.70
$10
b. cents 85
b.
+38
b.
$4
b.
b.
$15
b.
$7
b.
154
EL
194 PEAK TRAMWAY JO,
Fractly the same reasoning The reason for the rule of Lands, Hotels and Buildings. applies to King's Regulation No. English law that enemy property H.K. Hotels 4 of 1915. What the Proclamast sea in liable to capture is very Anglo E. Lands tion of Jane 25, 1915, and the clearly set out in the work by Land Invest King's Regulation No. 10 of 1915 Pin Cobbeti at page 139. H'phreys Est. did was to increase the classes of
And if further authority is re-loon Lands Germans to trade with whom quired the decision in the S'hai Lands subjected British subjects to Eamseas, before quated, clinches West Points penalties.
the matter; the destination of the Centrals cargo as in that case seems to ma in this connection immaterial.
Επος
طره
13, 1916,
$99
Tais being my opinion, it is Taking these in this order not necessary for me to deal with (1) The 0. în C. 1904 under the law quoted by counsel from (5) Having dealt with the ar. Kang Yirs which the Regulations derive Arnould, Marine Insurance (9th guments 1-4 of counsel for defend-Lau K. Mows their authority provides in Art 3 edition, Vol. 2, page 944) and the ant Company in the manner above S'hai Cottons the interpretation clause that case Blackburn v. Thompson, 3 I need only say as to (5) that the Yangtzepoos in their operation both by the "person" includes corporation. Campbel Reports p.66.
facts of the case Usraicha v.ND restricted market, in China and The defendant Company, there- Dealing with the arguments 2 ble (13 East Reports page 339) Borneos
China Light& P. other consuming centers, and by fore, come within the definition and 3 I am of opinion that Ger- quoted by him were not the same the difficulty ofeecuring rasagar of a person subject to the Jaris-mana in Chins were from the is those of the charge under con- Providents from Java and other producing | dielion.”
outbreak of war alien enemies, aideration. There an alien enemy Dairy Farms countries. This has led to an în- (b) I have found as a fact that and that the doctrine of commer- was licensed by the British Green Islands crease in the import of sugar an insurance was effected by cial domicile has now been done Government and it was held ths: Electrics from the Philippines and from Telge and Schroeter, the Hackow away with; the decisions of the he was entitled to have his carga K Ice Co., Chinese ports, The imports into agenta of the defendant Company. Alexandria Prise Court and that inpared.
Ropes to Colony for the first half of the (c) There remains lastly the in the Eumaeus (supra) show this Here no German has been dir- Trams, Low Level current year are placed by com- question of enemy property liable latter clearly, and I hold that the ectly licensed by our Government Trams, Peak, old mercial interests at 189,133 short to capture at sea.
Trading with the Enemy Act 1914 and at its highest, the contention, Trans, Peak, new tons, as compared with 270,333 The actual wording of section did not and cald not confer on if successful, of the consal for de Langkats shart tons during the same period | I of the Regulations does Germans in China the status of fendant company would do copine Tobacco of 1914.
not include the words "liable Lentrais.
Laundries more than make the German a to capture" but the Crown (4) Counsel, however, further neutral.
U. Waterboats accepted the contention that the argues that as permission was (6) Finally, on the question Watsons words should be read into the granted to British ships to carry that this insurance could have Wm. Powels section and took upon themselves German cargo this carge was not been affected in England, I say it Morning Posts whom are handled the mining the burden of proof that the cargo liable to capture. It is clear that could have been effected without coRRECTED TO NOOK HOKDAY MAR, affairs of China, has determined we enemy property liable to circular was issued by H. the Company effecting it being to have the Mining Begulations capture at sea. No definition is Consulate General (Ex. 26)dated called on to answer a criminal WRIGHT & HORNBY, revised by experts. A set of re-given of the word "enemy," and October 19th, 1914, stating "that charge under the Trading with Share and General Brokers gulations was promulgated some counsel for the Crown argues that the shipping of cargo by a German the Enemy Act. It seems to me, 6. Des Vœux Road Central, time ago, but failed to meet with "enemy" is alien enemy.
firm in British bottoms to allied however, that any action on the Tel address, Rectiture. a favourable reception, many
Imay fairly summarize the or neutral ports does not infringe policy would fail on the ground of them being regarded as an arguments of the counsel for the the terms of the King's Proclama-that the contract is anenfcrceable. workable, or at least, unaccept-defendant Company as follows: |tion.”
ble to foreign capitaliste.
It may be argued that the con- (1) that the nationality of Car- And in the circular it is mer-clusion I have come to zas Efforts have been made from lowitz & Co., has not been clearly tioned that the Principal Secretary that this cargo was liable to cap- time to time to induce foreigner shown;
of State for Foreign Affairs has are at ses bears heavily on T/T to invest capital and employ their experience in developing tion is German, that Germans in
(2) assuming the cargo în ques- laid down the ruling.
steamship companies, that, hav. Demand The Foreign Office at the time ing been permitted to mines in China, but unhappily, a Chica in January, 1915, were not apparently was advised that Ger- German cargo, they would find 50 dis ship 30 dis modste vipendi could never be enemics but neutrals;
mans in China were to be treated their ships detained perhape TFT Shanghai reached owing to the require (3) that H. M. Government by as neutrals. The importance of for many months, with conse T/T Singapore.. ments of the laws. The foreign rations Proclamations embodied extra-territoriality does not seem quant loss of freight, etc. I have T/T Japan diplomata also turned their faces in an Act of Parliament, and Ee to have been sufficiently consider no doubt that if such a case had T/T India against the regulations with the gulation, declared them neutrals ed. However much respect may arisen the British Government Demand Indis... result that there has been practi-in China and that the recognition be paid to these adviser, I can would have waived their rights; T/T San Foo&N.I. 46 cally no advance made in the of neutrality legalizes trade with not see how their advice can over to act otherwise would have ex. T/T Java.... opening of the mineral wealth of
sach persons;
rule the decision of the judges posed them to comment. the country. So incessant has the
ziven in the cases before men- Do the same considerations T/T Francs... demand been for a revision, that
tioned. Mt. Chow Tze chi bas de-
apply to Insurance Companies? Can any ruling a opinion, I think not. The Treasonable termined to see what can be done, and with the object of
licence, permission call if what Insurance Regulations, the cir4 m/s L/C for you may of the Exrecative make calar of August 1914 (Ex. 12), haring the best talent avail- able, be has secured the servicen
(4) that a licence was granted to ship German cargo in British ships and that it follows that such cargohen shipped is not liable
to capture;
EXCHANGE.
SELLING.
1/11 3/16
1/11 34
1/1134
1/11 9/16,
72 56
82
144
144
10974
2712
T/T Marks..............Nom
Demand Paris 2.72 12
BUYING.
4 M/E D/P DOLASKLE 6 / LCD
(5) that if Germans can ship or alter the law? Undoubtedly the notification on August 10:30 d/s. Sner & M14 of Mr. Lis desy, E.C., who has had on British ships they can have not. Counsel for defendant Com 1814, a letter from the Consul 30 d/s. Ban Pco-& N.T. 4734
pany called the Secretary and two General of September 8th in the 4 m/s. Marki... Nom. wide experience in mining law the cargo insured;
(6) finally that this insurance other witnesses on the question of Chins Association circular (Ex. 4ma Francs 283 and its application in various could have heen effected by a the permission to ship above men- 14)-all these were published, 6 m/s. France. 283 parts of the world, and
tioned, and itwrelation to insurance, and, further, the two circulars Demand Gemiany... who was engaged as legal advisor company in England.
(1) I find little difficulty in and counsel for the Crown two of October 19th and 28th, 1914, Demand, New York 45 31⁄2 by the British financial group composed of lesers. Pearson and dealing with the queation of the Consular officiala. One of the (Ez 17 and 201 give to authoriza: T/T Bombay.......... Son, Ltd., the British and Chinese nationality of Carlowitz and Co. witnesses. Mr. Cox, stated that the tion to insure. Against that Demand Bombay 144 14 Corporation, Lad, in connexion This firm is registered in the Conneal-General informed him it there is Lie letter of the Consal T/T Calcutta with their negotiations with the German Consulate here and has was permisible to insure German General dzied August 29th, 1914, Demand Calcutta 14 14 cargo in neutral ships to neatral (Ex 24) as to insurance in neutral Demand Singapore 82 34 Government for mining nights in its head office here. the province of Szechwan. In the The Eamiens (T. LR. 23, ports, letter was written to him bottoms. It is clear that the In- On Haiphong
November, 1915) is conclusive on on August 20th, 1914, to that effect wurance Companies bad ample On Saigon ... work of revision of the mining this point. The status of the firm (Ez. 24). It must be noted that notice and warning.
On Bangkok.... Mr. Lindsay will have co
I find this charge proved and I-Sovereign pasting with him Dr. Anderson of Arnold Karberg and Cos that neutral ships are mentioned And Mr. A 8. Wheler, the ad-
the cargo in the case before me impose a fine of £20 on the de- Gold Leaf per on 56 90 yors to the mining department as Carlowits and Co-was con- ctiod in British ships. The fendant Company and order them Bar Silver per az... 27
†Demand Manila 25 ́93
LIMITED-
NIKDY SI JILAT SEW OUT
3:00 703
NIGHT CAKES.
FLOS FÖRT weery will "patter
weety, quarter of a bot
SUNDAYS
* M
Tải An 13 mga ama Zoper sy Man.
́sbro Li. to
YRON FƏRLƏ in LZM
་་་
13. Mr.
NIGED CARS as on Wook Dayan
SATURDAYS
Bates Carat tu, selduight.
SPECIAL SAKS
By Azrangement, at the Campeny's Ošcu. Lembehem Beldingu.
Des Voeux Rene', Central,
“Samson and push 'tiches available for az cene Tot already bil, ramming at the tine stated in the Company's, me cables, but not for special car os de obesited on application as the Company's Open Die Kermen vicites, will be issued until persent there
ferhas beca stade in Bank Nora at de Cheque Cómpradore order representing Funk Korts *
JOEN D. HUMFERZYS & S
MITSUBISHI COSHI
KWAISHA.
(MITSUBISH) CO.)
COAL DEPARTMENT,
SOLE PROPRIETORS OF TAKASIMA OCHI, MUTABE, YOSHI- KOTARI, KAKAZUTA, SAYO, SHINREW, BIBAI and KAMIYAMADA Collieries. AGENTS FOR SAKITO AND OYUBARI COALS.
Head Office 15, Gracechurch
Street, London. Authorised Capital. £1,500,000 Subscribed
Paid Up
*
Reserve Fund
Gaže
BANKERS:
The Bank of England,
1,195,000
562,500
- 500,000
London faint Stock Tank, Limited.
BRANCHEAN
Hongkong Howrah
Kandy
Karachi
Kota Bhar
Kuala Lumper
"Madan
Perant Rangoon
hanghai
Singaport.
FOSCKOFG BRANCH.
Every decription of Banking and Bombang boxiness transacted
Interest allowed on Great LowEN ME SI AZUR WELL per annum on Daily Balances, and on 7 radio aps at rates which may be asernäined on applicanten.
C. CHAMPKIN,
Acting Manager.
THE CHARTERED BANK OF INDIA, AUSTRALIA AND CELINA.
Incorporated by Royal Charter #
HEAD OFFICES-LONDON","
Paid Capitalmen
Eeserve and
£2,200,000
500,000
Reserve bily of Prope£1,200,000
FOREIGN EXCHANGE and Cemal Ranking
business transacted. Crazzy ACCOUSTA opened and DEPOSITS received for year or therex pezizdə,"M ranes which will be sposed on applicatiom.
Wm. DICKSON,
-Manager.
Hongkong, 11th April, 1912.
INTERNATIONAL BANKING
CORPORATION
HEAD OFFICE":
60, Wall Street, New York LONDON OFFICE: 36, Bishopsgate, EC.
BRANCHES-
ROMBAY. CALOUTTA.
HEAD OFFICE-MARUNOU-CANTON.
CHI. TOKYO.
CEBU. COLON.
BRANCH OFFICES :-NAGASAKI HANKOW. MOJI - KARATSU, WEKAMATSU,
LONDON.
MANILA.
PANAMA
PEKING.
SAN FCISCO.
SHANGHAT
YOKOHAMA,
CTARU MURORAN, HAKODATE HONGKONG. SINGAPORE. KOBE OSAKA, KURE, TOKYO YOKO KOBE HAMA, NAGOTA, TSURIGA. LOK. DON, SHANGRAI, HONGKONG, HAN. KOW, PEKING and CANTON Cable Address for above:
"IWASAKI," Codes: Al, A.B.C. 5th Ed., West- era Union. AGENCIES:- CHINKIANG-Messrs. GEAB-
CAPITAL PAID-UP, $3,250,000. RESERVE FUNDS...... 4,210,000
(U.S. Gold) $7,450,000- All kinds of FOREIGN & LOCAL BANKING BUSINESS transacted. *
ING & Co, MANILA-Messrs.
CURRENT ACCOUNTS open- MACONDRAY & Co. SINGA-ed and FIXED DEPOSITS PORE Messrs. BORNEO Co received at rates to be ascertai LID, GLASGOW-Heesis AE.ed on application. BROWN, MCHARLANE & Co., LTD.
For Particulars, apply to
K. KATO,
Manager.
N. 8. MARSHALL
Manager.
No. 2, Pedder Street, Hongkong. YOKOHAMA, SPECIE BANK;
MARTIN'S
PAPIOL &STILL
premi
3025
firm on exactly the mme footing
other witzens. Mr. Burnis stated to pay the costs of the prosecution that in December, #3914, the | when secertäned on taration,
SUBSIDIARY COINS.
widered and it was held that the firm wens German."
I must hold that Carlowitz & Consul-General told him he Counsel for the defence 2D-
Cò. is a German firm. “ vy could" însure German cargo to souneed that the decision would DISCOUNT PER $100: For a good solid mesi a la (2) On the point that the Ger- neutral ports. This statement the be appealed again, and the Chinos Dices teor Table d'Hote with mana in Chins in January, 1915, Consul-General had no hesitation bearing of 1f other charges was Core 10 Wines & Liquors of the Best were neutrals, counsel quotes in denying on being further consequently adjourned formally Bingkong 20 cts. pieces" ALEXANDRA CAFE.
from Dicey Conflict of Laws 2nd questioned as to his recollection for three weeksa,
Hone cone 10.
1632% THE ALEX 14% Cannot be Bes
84for Bread,
and meals with W
LIMITED. Established 1880.
Authorised Capital Yen 48,000,000
30,000,000
Paid-up Capital Reserve Fund
Head Office.-)
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