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THE HONGKONG TELEGRAPH,
HARBOURING CASE.
THREE MONTHS FOR A CHINESE WAITRESS.
FRIDAY, AUGUST 31, 1928.
SHIPPING FIRM'S LIABILITY.
CLAIM AGAINST DOLLAR
LINE.
ARMED ROBBERY.
DARING RAID IN THE WESTERN DISTRICT.
Was
Under the usual pretext of want- After a protracted hearing,
ing to rent a cubicle, a gang of involving no fewer than five
The liability of a shipping firm three armed robbers gained adjournments, what is familiarly! known as the Peel Street harbour-with regard to goods landed at the entrance to No. 363,. Des Voeux ing case, came to an end before wrong port was argued in the Road West, fourth floor, yesterday Major C. Willson at the Central
Summary Court yesterday, before shortly after noon...
Tho only inmates were two Magistracy yesterday afternoon.
women and A maid-servant. The accused, a Chinese waitress, Mr. Justice Jacks. The action, who was charged with keeping a which was against the Dollar While one of the women sly brothel at Peel Street, and with Steamship Line, arose from there taking the man to look around the procuring and harbouring a 15- year-old girl, was acquitted of the being two ports of the same name place, two other robbers quietly first two charges, but was found in South America, one being encaked into the room and shut them produced a dagger, whilst guilty on that of harbouring. She Punta Aronas at Costa Rica, and the door behind them. One of was sentenced to three months' the other being a port of the same his companion secured a knive hard labour, which was made name at Chile, it being alleged by from the kitchen. effective from the date of custody,a local firm of silk merchants that
Having tied up and gagged their Mr. Hlin-shing Lo was counsel they desired the goods to be land-letims they ransacked the whole
for the defence.
A number of unusual features cd at the Chile port while they place. The booty, worth a few had made the case an Interesting were, in fact, landed at Costa hundred dollars, consisted of gold one. A pretty girl of 15 left her Rica, where they were eventually bangles, gold rings, a gold watch home
The three men then made off to live with the waitress sold by the Government to defray and chain and some clothing. after being chastised by her mother for her misbehaviour.. Bhetorage charges, as there was no and it was not until some time!
claimant.
--- 1.
after that one of the victims freed herself of her bonds and raised the alarm.
admitted misconduct with two
The plaintiff was Watanmal Police Department clerke before
Boolchand, of 18 and 20, On Lan her association with the accused.
A large number of policemen The charge of procuring and Street, who claimed, from the de- harbouring which arose at this fendants the sum of $691.25. The arrived and some pedestrians' in point, was one on which a great money was claimed as damages the vicinity wero searched, but up deal of argument had been expend-for breach of a contract in writ- to late in the ovening no arrests ed by defending counsel. He ing, dated July 30, 1926, for the had been made. pointed out that the girl, young carriage of the goods to Punta though she might be, was not as Arenas, which the defendants' fail-
to deliver. The money was the bill of lading and quoted au- virtuous as her parents could ed have wished when she went to alternatively, claimed. as damages thorities to show that where there for conversion by wrongful dale, was such an ambiguity there was live with the accused.
The negligence of the parental or for breach of duty and contract no contract and neither party could duty, and the means by which at in failing to make enquiries, and sue the other in respect of it. He uncle decoyed the girl into arrest, selling without the knowledge of pointed out the ambiguity as the plaintiff understanding the goods were other matters adversely com-the plaintiffs. mented on by, counsel.
to be dispatched to the Chile port while, he said, there was doubt that the steamship company understocil it to be the Costa Rica pt. IInd the parties had a com- mon iden, he said, the contract would have. been binding but be cause they both understood dif ferently there was no agreement and no implied agreement rose out
Mr. M. M. Watson was for the When the hearing was resumed laintiff, while Mr. G. S. Hugh yesterday, Major Willson agreed Jones conducted the defence. with counsel that there was no case
In making his final submissions against the accused on the first two counts of procuring the girl Mr. Hugh Jones reforred to, the He fact that two witresses from the and keeping a sly brothel.. held, however, that there was a shipping company had said that case against the accused on the they received instructions to ship the goods to Punta Arenas, Costa charge of harbouring.
Rien. That was a result of enquiries they made at the time.
Not a Trivial Case.
of It.
Mr. Watson remarked
110
that it
They further said that the plain would be quite obvious to a jury, Mr. Lo said that this case was it's representative, who went to if there was one sitting, that the to be entirely disassociated with the shipping office, was not the the other two charges on which man who the plaintiff said had plaintiff did not give instructions accused had been acquitted by his attended. The highest that the for the goods to be taken to Costa Rica. Referring to correspondence Worship. He stressed the mate-plaintiff could put his own case he went on to say that the defend- rial circumstances under which the was that he stipulated. Punta ants manager was obviously mak- girl came to the accused, and drew Arenas with no direction as tong up the best case he could to His Worship's attention to the which place as he did not claim to the shippera and all he could say provisions of Section 31, of the have given specific instructions was they could not be respon- Magistrate's Ordinance where the that Chile was intended. offence being trifling, the Court might dismiss the case without punlalunent.
Weak Geography,
sible because they accepted the bill of lading with the freight for Costa Rica.
Mr: Hugh Jones went on to say
He asked his Lordship to dis- On Major Willson saying that the that there would be no incentive believe the evidence of the defen- case was not trivial, Mr. Lo alter for the shipping company to take dants and accept that of the plain- natively suggested Section 87 in the cargo to another port and the uff, which was obviously true.. It the same Ordinance, where a question to be answered was why was clear that they only know of though the Magistrate has power were the goods sent to the Costa ono Punta Arenas and went to to impose imprisonment but no Rica part Instead of Chile. He the shipping company for the pur authority to impose a fine, he may submitted the explanation lay in pose of sending the goods there. do so if after considering the ex-the defendant's story which must The defendants had the knowledge tenuating circumstances of the be true. The shipping documents of there being two ports and it caso, he thinks that justice can be were prepared by a junior and was their duty to ask to which met with a finè.
Inexperienced man, employed by port it was intended to send the Commenting that it was a ser- the plaintiffs, who attended at the goods." our ease, his Worship convicted shipping office. Probably his geo- the accused of harbouring. He in-graphy of the American continent flicted a sentence of three months' was limited and the plaintiff's
Mr. Watson went on to argue hard labour, but, in response to case went to show that that re- that since Mr. Hugh Jones had an application from counsel, made presentative was not supplied with taken the line that there was no It effective from July 30, the date adequate instructions as the plain-contract between the parties he on which the present proceedings tiff said that he himself believed (Mr. Watson), would then regard there was only one place called the defendants in the light of were instituted.
Punta Arenas.
In the ballees of the goods. They also had evidence of a capacity of bailees it was their defendant employee that he had duty to look after the goods in as never before shipped such goods careful a manner as though the
Mr. E. H. Williams, conducted the prosecution for the Secretariat of Chinese Affairs,
OBITUARY.
FORMER HONGKONG MANAGER OF BANK LINE. We regret to record the death which took place suddenly at San Franciaco on Wednesday of Mr. T. A. Loughlin.
晕
Defendants as Baflees.
to the Chile port while such goods goods belonged to themselves (the were often sent to Costa Rica.
shipping company). If they said that they took the goods to a cer- tain place and know nothing fur- ther about the matter, it was no excuse.
Mr. Hugh Jones went on ts discuss certain terms of the bill of lading saying that they afforded ample protection to the defendants.
Mr. Watson replied that if no He discounted the conversion claim, arguing that there was no contract was recognised then the ground for such an allegation. In shipping company could be called The late Mr. Loughlin was in support he quoted a cable which gratuitous ballces but he would Hongkong from 1910 to 1917 in the stated that the goods were sold go further and call then bailecs by employ of the Bank Line, being for $805, while Government ac- reward because they had received manager of the local office during crued charges amounted to $418, payment for the freight. the last two or three years of his leaving a balance which would be period in the Colony. In 1917 head to anyone presenting the bill of lading and was transferred to the San Fran- original cisco office of the dine. He was a Invoices to the Government. That well known member of the Royal bill of lading, he said, was in the Hongkong Yacht Club and no doubt possession of the plaintiff. many of the present members will remember him.
Mr. Loughlin was 39 years of age and unmarried.
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No Agreement.
Mr. Hugh Jones then went on to deal with a "Latent ambiguity" In
A clause in the bill of lading, aled requiring any claim to be within ten days, was then dealt with by Mr. Watson, who remark- ed how impossible it was for the claim to be filed in that time when It was remembered how far distant either of the ports was from Hong- kong.
Judgment was reserved.
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