HONGKONG SHIPPING
CONTROL.
(Continued from Page:1.) refor you to His Majesty'e Government on the point of the legal authority for the requisition- ing.
The Government's Reply.
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LAWN TENNIS.
Yesterday's Challenge Round. The IR.C. Tournament.
I.R.O. lawn tennis tournament, In the challenge round of the
view to an amicable settlement. and the words used, are capable of being understood as conveying a suggestion that. Mr. Fletcher
Only Two Survivors.. deliberately proposed the stay in order to give the Hongkong Gov-
The report of a ernment time to prepare the In-which all the members of the piracy, in demnity Ordinance.
orew were killed with the ox- ception of the master and a small This Government{ The accuracy of these state-boy, was brought into the Colony has definite instructions that the ments by Mr. Moller and Mr. by the master of a two-masted remuneration to vessels under Burkill may perhaps be called in junk trading batween coast ports. the local scheme is to approx-question.
Ho said that pirates boarded his) mate to that paid to the large and There is first the use of the word junk from another boat on the more important class of vessels "immediately," with its obrious in-afternoon of the 21st instant. The on the China Coast which are ference that the legal proceedings crew were killed by a fusilade of under the Imperial Liner Requisi- caused Mr. Fletcher or the Hong shots that followed the appearance tion Scheme.""
kong Government some perturba- of the pirate vassel. The small The Shanghai Meeting..
tion. Mr. Moller rightly says boy and the master were the only that proceedings ware com survivors. At the meeting in Shanghai, menced in Decomber, 1919, and which has been referred to, Mr. he has supplied the date of Mr. Moller said: "In December, Fletcher's alleged request in the 1919, a test case was instituted against the Government in the A. G. M. Fletcher cannot forget passage beginning "Surely Mr. HongLong Courts.
Im-the interview". Tho interview mediately upon legal action being took place on the 23rd. August: taken the Colonial Secretary a1920, and Mr. Moller's "immedi proached the owners through the ately "resolves itself into a period Shipowners Protection Associa of more than eight months. tion with a view and a request to
The second point is the state-8. A. Bumjahn defeated A. H, stay such legal proceedings for ment that Mr. Fletcher appro- Humjaha (the bolder) yesterday. such periodas would give him time ached the owners with a view and in thred straight sets, by 6-1, 6-3, to communicate with the Home request to stay proceedings. 9.73 Government with a view to settl Mr. Fletcher did not approach
A. H. Rumjahn was not in form, ing the matter amicably pointing the owners. The owners appro-and lost the first and second sets out that it was inadvisable to ached him. The evidence on this without having a look-in, continue expensive. litigation point is as follows:-Mr. Fletcher made a stand, however, in tha when it was possible to settle the to the Hon Mr. E. H. Sharp, third set, and with the scoto 7-6 matter otherwise. Unfortunate K.C., Counsel for the Hongkong in his favour came within a point Is your Chairman and Mr. S. T. Government: 24th August, 1920 of ginning it. Williamson (The Chairman of Moller and Williamson tell the Shipowners Protection Asso- me that Turner from Deacon's ciation) agreed to this request. office represented to them yostor This was an unfortunate mistake day that you were anxious to get on their part as it gave the Hong-on with the Wollowra case im- The Hong Doubles. kong Government time to prepare mediately. I had seen Moller The final match in connection and put into effect an effective and Williamson yesterday before with the Hong Doubles is to be counter-move to frustrate and Turner came to them and we played off to-day, commencing at forestall the owners' claim. This agreed informally that it would 5 p.m., between F. A. Redmond took the shape of the Indemnity be better to let the matter stand and L. Fortor and Commodore Ordinance, 1929."
over in order that there might be Grace and Worthington, Mr. Burkill said: "After agree opportunity for consideration of ing to postpone the case institut certain cases which were now ed against the Government be pending at home."
An olderly woman paid her fret cause the Shipping Controller
Crown Solicitor to Mesara. Des- visit to the dentist to have several was going.on leave and because con, Looker, Deacon, and Harston: teeth extracted. "Will you have we were given to understand 25th August, Wollowra Steam-gas, madam? she was asked. it would help materially anship Co. v. Attorney General,- Certainly," she replied, “I don't amicable settlement we found with regard to Messrs. Moller want you fumbling in the dark." thatthe postponement was merely and Williamson's proposal to the used to enable an Indemnity Act Colonial Secretary that this caso to be framed and passed which should stand over." put us out of Court."
11
He
By gaining the IR.C. chem- pionship without the loss of a single set, S. A. Rumjalin has done very creditably.
NO FUMBLING.
last August, the Government bed! Mr. Moller subsequently, in eral: 1st June, 1921: As a mat-kind in contemplation and had Minute by the Attorney Genno Indemnity Ordinance of any view of comments in the Hong-ter of fact the arrangement was never considered the question of kong Press, wrote to the North made at the request of the plain-introducing China Daily News:-"Mr. Fletcher tiffe, and I remember that I felt Ordinance."
an Indemnity hast seen fit to remark to the some difficulty about exreeing. The first proposal for an In Press that many of my statements because there was always the demnity Ordinance came Are untrue, to wit
from That possibility my statement That the Colonial might not return and he is the only Colonies in a circular despatch, that Mr. Fletcher the Secretary of State for the Secretary at Hongkong Ab
person who knows anything dated the 28th December, 1920, tained
stay of legal about the facts." proceedings, and later the
which reached Rongkong on the Government protected itself by Deacon. Looker, Deacon,
Crown Solicitor to Mesars. 13th February, 1921. Mr. Flat- Ordinance," is untrue. Surely Hareton 6th June, 1921-"Ion the lat January, 1921, and &oler left the Colony for England Mr. A. G. M. Fletcher cannot would remind you that the ar- on that dats neither he nor the forget the interview, that both rangement that the action should Government bad contemplated Mr. Willamson and myself stand over was made at the any question of an Indemnity Or attended up at bis office in the request of your clients." Colonial Secretariat Building.
dinance. The Governor wrote Mossrs. Deacon, Looker, to the Secretary of State on the The moeting, at which the Deacon, & Haraton to Crown 27th. November regarding the inadvisability of both parties Solicitor, 7th June, 1921:-"We legal proceedings which had been carrying on with the legal think that the arrangement recommenced, and he made no sug- proceedings, already instituted ferred to, although actually made gestion of any possibility of a by us, was brought up; where it at our clients' request, was in fact solution by means of an Indem was pointed out to us. the (and was so understood by botlenity Bill. The circular despatch futility of incurring huge mutual sides) a mutual agreemont for the of the 28th. December, 1920, is the legal obligations: and where it mutual benefit of both sides as opening document on the file was suggested, that in view of Mr. Fletcher and Mr. Willismeon dealing with the proposal for an the early departure for Home were, at the time that the arrange- ordinance... of Mr. A. G. M. Fletcher, ment was made, understood to be we should leave all
about to leave the Colony."
pro ceedings in abeyance until his return, and that in the interim
Mr. Fletcher arrived in England at the end of February, 1921, and, on a date which he cannot recall,
In "The humble petition of Messrs. A. R. Burkill & Sons of he was informed at the Colonial an adjustment might possibly take Shangbai, Messrs. Moller & Co. Office of the circular despatch, place: There is no object for me (Shanghai) Limited of Shanghai' to make any untrue statements, and others, dated the 17th June, He referred to the arrangement and his opinion was invited, as no possible good would ever 1921, the following statement for the stay of legal proceedings result therefrom, nor do I desire appears "On the 25th August, 1920, during his absence and he sug to associate myself with any such the Government consented to the gested that the introduction of an means to attain my ends. And, case being postponed."
ordinance in the Colony would be
I will again state that the result
Mr. Flotchier conours that the construed as an act of bad faith
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of this interview was the means arrangement, though proposed by on the part of the Hongkong of the legal proceedings being the owners, was mutual. A re- Government. The Imperial Go- held up, and such facts are in presentation was made to him vernment, under whose orders written existence in Hongkong that certain actione, involving the Hongkong Government had to-day. At that interview there similar claims against the Im-acted, was obviously the respon was no whisper, intention, or perial Government, were ponding sible party, and, if it desired to warning placed before Mr. Wil-at home, and he entirely agreed make certain of its position, it liamson or myself that an Ordia with Mr. Moller and Mr. William-should do so by means of the Im-¡ ance and the eventual Indemnity con that it would be a mere waste perial legislation. Act of 1922, would be set into of money for the owners to pro-| operation during Mr. Fletcher's cood with their case in Hongkong further until his return to the Mr. Fletcher heard nothing absence at Home, but such really when it appeared possible that Colony on the 15th. December, was the case, and it came into the matter in dispute would 1921, when be found that the In- operation and full force shortly shortly be settled at home, the demnita Bill had been read a first after his return to the Colony expense of litigants in the Courts time. He re-opened negotiations The coincidence and the connec in London. tion were remarkable, and still
with the owners, which finally even in face of this, I still believe Origin of Indemnity Ordinance, ended in the proposal as to divi and contend that Mr. Fletcher! The third point is the suggession of profits, which the Un- was at that meeting, acting in tion that, in agreeing to the stay official Mombers of the Legislative entire good faith towards us, but of proceedings. Mr. Fletcher had Council rejected. The Unofficial that all the same the subsequent some information regarding the Members at the same time advia- Inauguration of the Indemnity intention of the Government. to ed that the Indemnity Bill should Act of 192%, was started almost pass an Indemnity Ordinance, be proceeded with. Immediately afterwards with a which be concealed from the It seemed to Mr. Fletcher that view to block our claim and owners...
he could not usefully do ang. crumple our legal proceedings. Messrs.Deacon, Looker, Deacon, thing more on behalf of the Both Mr. Williamson and myself, and Haraton wrote to the Crown owners, and he reported to the took the guidance of Mr. Fletcher Solicitor on the 7th, June, 1921— Attorney General on the 27th at the interview in entire good"We do not know whether the July, 1922, that he had inter-
The black cone, indicating that a gale may be expected from the faith and acted upon same by Government had the present pro-viewed Mr. Williamson and Mr.
north, was hoisted in Hongkong suspending our legal proceedings posed Ordinance in mind when Shenton and that I took the The telegram quoted below was this morning.
this arrangement (for the stay of attitude that the question of received from the Manila Obser The Observatory report issued In short, these statements are proceedings) was come to. If it future action was now out of my vatory by the American Conenlate. this afternoon states that to the effect that, immediately had, disclosure thereof should hands and the correspondence Goneral, Hongkong, at 11.30 am at 6 o'clock this morning after legal proceedings were com.have been made."
should be between the Solicitors." to-day
the typhoon, which seems menced, Mr. Fletcher approached The Crown Solicitor replied on The Indemnity Ordinance Typhoon in about 118 deg. to be of amall diameter, was in the owners with a request for the the 16th June, 1921:-"When the became law on the 18th August, Long. E. 20 Lat. N, moving Lat. 20 N. and Long 118 E., stay of such proceedings with a above arrangement was made 1922,
W.N.W.
moving W.N.W.
forthwith."
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