THE
BLUE FUNNE
LINE
REGULAR, AND FAST FREIGHT AND PASSENGER SERVICES
LONDON SERVICE
ANTENOR
11th May For MareBlox, Rull, London,
Rotterdam & Glasgow PHILOOTETES 17th May For London, Rotterdam &
Hamburg
LIVERPOOL SERVICE
TEUDER
"ATREUS
15th May
3rd Juno
Bot Liverpool & Havre
For Liverpool & Inve
NEW YORK SERVICE ADRANTUN
11th My For Boston, New York & Baltimore ria Philippines, Port Swettenbam
* Singapore PACIFIC SERVICE (via Kobo & Yokohama)
4th Jime For Vistosin, Van'vor & Bottle 24th Jane For Victorin, Van'yer & Seattle
IXTON TANTALUS
INWARD SERVICE RHEXENOR
Duo 10th May From New York IDOMENEUS Due 18th May, For Shanghai, Kobo & Yoko: Specially reduced fares are quoted for cargo steamers with
timited pssenger accommodation,
For freight, passage rates nad information apply to the under-
mentioned.
All bookings are subject to the previsions of the Company's
Bill of Lading.
BUTTERFIELD & SWIRE.
Agents
FUERU!!
ENYK
Reduced Through Tickôts to Europe via U.S.A. Varying from £79 to £120-on Safe.
San Francisco via Shanghai, Japan Ports & Honolulu.
..
Shinyo Maru
Chichibu Maru
Scattle, Vancouver via Shanghai & Japan Ports.
Hikawa Mary
Hiye, Maru
London, Marseillés, Antwerp &
Singapore, Penang, Colombo
Suwa Maru
Fushimi Maru ....
Sunday, 15th May. Wednesday, 1st June.
Tuesday, 24th May. Tucaday, 7th June. Rotterdam via G Suoz.
Saturday, 14th May: .Saturday, 28th May.
Sydney & Melbourne vla Manila & Ports,
Kitano Maru
Atsuta Maru
THE HONGKONG TELEGRAPH. TUESDAY, MAY 10, 1932.
ANTI-PIRACY GUARDS
'TEST OF APPEAL CASE JUDGMENT
legal duty to protect the shipowner against the criminal notion of the passengers whom the shipowner him self had invited aboard!
Now it was clear that there was a wide margin of executivo acts done by the King or his Ministers in rola Lion to the administration of the The King, as head of the Army, Army which the Courts of Law might think that a way of affording would not interfere with or control. protection which, in view of other The Statute Law Revision Act, 1803, calls on the Army, he was not able left unrepealed that part of the pre- to afford except on the terms that amble of the Act of 1600 (13 Car those who asked for that special and. 6) which recited that within
His
and oxtravagant form of protection for all
Majesty's realmen enterprises which they themselves dominions the sole supreme govern- had selected without any, nuthority meat command and disposition of tha The appeal of the Ching Naviga- from the King. should pay for the Militia, and of all forces by sea and protection they wanted the land and of all forts and places of tlen Company, Limited, the dangerous enterprises they them-strength is and by the fawos of Attorney-General cume up last solves had chosen to onter on for England ever was the undoubted right month before Lord Justice Serut their private profit.
of His Majesty and his royal pro- ton, Lord Justice Lawrence, and
docessora Kings and Queopes of Lord Justice Sleeser.
England and that both or either of
C. N. CO. LOSES
Jewellery Analogy.
for
ARISTOCRATS OF THE PACIFIC "EMPRESSES" Offer the Utmost in SPEED-SIZE-SPACE-LUXURY
The Court dismissed the appeal Because any jeweller who left the Houses of Parliament cannot nor by the plaintiffs from the decision valuable jewellery at night only pro-aught to pretend to the same. of Mr. Justice Rowlett in an action tected by a plateglass window against
Vested in the Crown. which raised the question. of the smash-and-grab raids was in danger
Lord Haldane, in Halsbury's Laws lability of shipowners to pay for of robbery, wore the police bound to armed guards in ships trading in keep a policeman outaide every of England (Vol. XXV., p. 37, sec. Jeweller's shop, or could they say, "If 69), cited the preamble as the Chinese waters.
By their statement of claim the you want this kind of individual pro-authority for his statement that
The government of the forces is plaintiffs said that they were incor-tection you, the individual, must pay porated under the Companies Acts for it"? Because every owner of a vested in the Crown, who has power and carried on a shipping business, motor-car who used the street as to make regulations on to command Empr. of Asia.
Empr. of Canada particularly in Chinese waters, con- garage and left his ear unprotected and administration."
The Courts had repeatedly refused Empr. of Russia veying a large quantity of valuable ran the risk of losing it, were the
passengers. pollco under a legal duty to keep a to Intervene in questions of pay and Empr. of Japan turgo and Chineso waters, they said, were in-policeman in charge of every car service, though the Royal Warrants Empr. of Asia fected by pirates, and the need for which the owner had left in self-appeared to entitle the claimant to Empr. of Canada protection of ships and cargoes and created danger, or might the polico what he asked the Court to give him. Empe, of Russia of the lives of passengers and crew authorities say that if that kind of That was so whether the claimant Empr. of Japan had been recognized by the Crown for special protection was wanted and asked relief from the King or from Empr. of Asia
Crown could be afforded the individual must the executive officer. The adminis- very many years, and the accordingly provided armed guards pay for it? The House of Lords, intration of the Army was in the hands. Limited v of the King, who, unless expressly Glasbrook Brothers,
EL
numerous
WOR
to
to be carried on ships in those waters." By a letter from the Admiralty, dated Glamorgan County Council (41 The controlled by Parliament, could not be
Times L.R, 218; [1926] A.C., 270), controlled by the Courts. March 18, 1930, the plaintiffs said
The constitutional aspect of tho that they were informed that the accepted the second alternativo.
In his opinion there was no legally financial side of the question provision of armed guards would only bo continued subject to the condition onforceable duty to protect British more fully explored in the Court of that the guards should be paid for property from danger in foreign Appeal than in the Court below. The
of Appent was anxious parts. The remedy, if any, was by Court in full by the shipping companies.
on uscertain exactly in what kind of The plaintiffs accordingly claimed pressure brought by Parliament
to take stops either by lenses the Crown received money for declaration that the stipulations Ministers
pressure brought by Parliament on the sale or use of Crown or public for the provision 01 protection against, and for the prevention of diplomatie action or otherwise to materials, or the services of members piracy, sought to be imposed on them protect British subjects. Britons for- of the national forces, and under by the letter of March 18, 1980, were tunately were enterprising people what authority, and how the sums sn legal and unenforceable against the accustomed to look after themselves; received were dealt with in the suggest a duty on the British national accounts. In consequence plaintiffs and void; further, that the Government to follow adventurous the hearing was adjourned, and the plaintiffs were under no obligation to Britons all over the world into places Attorney-General supplied the Court make any of the payments to or for their personal wishes or adven with two detallet memoranda dealing the use of the Crown for which the
tures had taken them, to protect with the Navy and Army respective- | stipulations provided; and, further, that so long as and whenever in the themselves from the difficulties they ly.
Payments, to Navy and Army. view of the Crown such protection and got themselves into, did not re-
In the case of the Navy, it was was required, the plaintiffs were present a legal duty of any kind.
Before that Court, while the ques- entitled to enjoy the same without tion of duty to protect was argued obvious that the Admiralty constant-
aking any specific payments thoro-
as correlative with allegiance, murely received payments from outsiders," for.
stress was laid on the argument that foreign Governments, or British and By his defence tho Attorney-the Crown had no authority to de- foreign subjects, for work done for, General informed the Court that his
outsiders; and that the Majesty was not under any duty to mand payment for the und of it or services and materials supplied to,
armed forces. Mr. Justice Rowlatt those provide ermed guards or to use his did not deal with that argument, but Admiralty ED acted without any naval or military forces for the pur-treated what, he called using the express authority from statutes, puse of preventing the outbreak of furces for reward" as a matter to though the sums which they recover- internal piracy on British ships; and which no objection could be taken. ed were dealt with in the Approprin-
• Control of the Army,
The
Hong Kong
LEATE
AND
SERVICE
bangbei NaganakÍ Kobs Yokohama Honolulu Vanoquet?“ -LOATS LBATO
Leava
Arcive
May 20 May 23 May 24 May 26 May 29 June 4 June 10, June 3 Juzie &
June 8 June 10 June 16 June 23- June 17 Jurs 20 Jane 21 June 23 June 95
July 4
July 6 July July 14 July 10: July 21 July 23
July July 16 July 18 July 19 July 23 Aug. 1. Aug.12 Aug 15 Aug. 16 Aug. 26 Aug. 28 Bapt. 0 Sept. 12 Sept. 13
E
Jay A
Ang. Aug. 3 Aug. 5 Aug. 11 Aug.15 Aug. 18 Aug. 20 Aug. 27 Sept. 2 Aug. 31 Fept. 2 Sept. 8 Sept.13 Sept. 15 Sept.17
Sept.16
Enjoy every minute on a floating Palace. Supreme Luxury, Congenial, Cosmopolitan travelling companions International atmosphere, countless diversions WORLD famous CUISINE
—SERVICE—on ·
Passengers desiring to travel comfortably on a Limited Budget should ask about the EMPRESS TOURIST CABIN · accommodation
SUMMER EXCURSION EXCEPTIONAL LOW FARES.
To JAPAN-HONOLULU—VICTORIA and
VANCOUVER.
HONG KONG-MANILA
EMPRESS OF ASIA
Leave Hong Kong
May 11 For further information please apply to:-
Arrivo Manila
May 18
CANADIAN PACIFIC
PRESIDENT LINER-
SAILINGS
REDUCED ROUND TRIP RATES -TO-CANADA-AND-UNITED STATES.-
tion Act. A similar series of pay- that certain armed guards had been from time to time provided on the
ments to the War Office for the supply request of shipping companies on the The important question was thus of materials and men was set out in terme that the whole cost thereof ruised as to the exact powers of the the Army memorandum. None of should be paid by the shipping con- King, as head of the Army-whother those payments were required or pro- panies, including the plaintiffs. his Majesty by his prerogative could teeted by express statutory authority; Mr. Justice Rowlatt hold that the regulate the Army as he pleased, sufall were said to be justified by the action was misconceived and that the far as he was not expressly restrain-uncontrolled discretion of the King, claim must be dismissed.
ed by the Army Act or the financial as head of the Army, in matters in The plaintiffs appealed.
provisions of the Appropriation Act; respect of which he was under no Sir Leslie Scott, K., and Mr. or whether the position was not that express statutory restriction, such as Valentine Holmes appeared for the the King, as head of the Army, could the requirement that he should not appellants; the Attorney-General only
men Incur such expense and take supply more or spend manro (Sir Thomas Inskip, K.C.), Sir such nction as was authorized by money than Parliament authorized. William Juwitt, K.G., Mr. S. O. Henn statute, and especially could not do. He need not employ all the men or Collins, K.C., and Mr. Wilfrid Lewis mand money for protection afforded spend all the money that Parliament for the respondent.
by his armed forces, which was sald authorized. The matter was left to to be imposing a charge on the the uncontrolled discretion which he The Judgment.
subject without the authority of exercised by his Ministers. Lord Justice Scrutton,. In giving Parliament. But if there was no Courte could not question it, though; judgment, said that he entirely agreed duty to afford anticipatory protection Parliament by votes of no confidence with the view of Mr. Justice Rowlatt in foreign parts, no charge was im-for pressure might influence It. that there was no legal duty on the posed on the subject, because he was The financial side of the matter. To Victoria-Vancouver- Crown to afford by its military forces not bound to accept the protection the question of imposing a charge on protection in foreign parts to British and need not pay money unless he subjects without the consent of subjects. A missionary, in self-asked for protection which the Crown Parliament, was illuminated by two
memoranda from the Treasury. The To May.sacrificing devotion to his religious was under no duty to afford him.
views, went without the consent of He (his Lordship) was reluctant to first set out the way in which receipts the Crown into sayage countries, in-discuss the matter under the head of for services rendered by the Army habited by tribes who strongly "Prerogative" because, as Professor and Navy had been dealt with during objected to the missionary's denoune- Divoy said (Laws of the Constitution. the last 120 years. After much dis- ing their religion. Had the Crown alp. 01), the word Introduced the cussion the aytsem was put on a duty to follow and protect the political controversies of an earlier statutory footing in 1891 by the missionary and send armed forces to age whether the Sovereign had some Public Accounts and Chargos Act (54 dealt rescue him from his self-impeacd power which could not be superseded, and 55 Vict, c. 24). Section danger? A shipowner, without the regulated, or abolished by Act of with all such receipts as appropria- ussent of the Crown, traded for pur-Parliament. Professor Dicey treated ions in nld, under the direction of the poses of his own profit in neighbour- the Prerogative (p. 421) as the name Treasury, of money provided by hoods which were insufficiently for the residue of discretionary power Parliament for any policed by foreign Governments; for left at any moment in the hands of such they were nose, and as
..Saturday, 28th May. ..Saturday, 25th June. Bombay via Singapore, Penang & Colombo.
'Iyo Maru
Wednesday, 11th *Tottor Maru
..Sunday, 29th May. South America (West Coast) via Japan, Honolulu,
Los Angeles, Mexico & Panama.
Hefyo Maru New York, Boston via Panama. Liverpool via Saigon, Port Said, Marseilles, Genoa &
Valencia.
*Toyooka Maru
...Saturday, 21st May..
Friday, 13th May.
Calcutta via Singapore, Penang &. Rangoon.
*Maincea Maru
*Tokushima Maru
Kobo & Yokohama.
*Durban Maru
Tango Maru
..Sunday, 15th May. .Sunday, 29th May.
..Saturday, 14th May. ..Monday, 16th May.
Alsuta Maru (Calls Nagasaki) Friday, 20th May. "Cargo only.
For further information apply to:-
Tel. 30291
NIPPON YUSEN KAISHA. (private exchanges to all Depts.
INDO CHINA STEAM
NAVIGATION CO., LTD.
Steamers.
To Tsingtau via Swatow Yatahing
Destination.
& Shanghal
To Singapore, Panang
Calcutta
.Norviken
Chaksang
Kwaisang
Yuensang Kumsang
To Kobe via Amoy & Kumsang
Osaka
·To Moji via Amoy,
Suloang
Yoko., Osaka & Koba
To Sandakan
Hinsang Yusang
Sallings.
Wed., 11th May at 10 am, Sun., 15th May at 10 am. Wed., 18th May at 10 a.m. Sun., 22nd May at 10 a.m.
Sat., 21st May at 3 p.m. Sun, 5th June at 3 p.m.
Tuos., 17th May at 7am.
Tues., 24th May at 7 a.m.
Tuos.. 10th May at 11 am. Fri., 18th May
at noon.
To Tientsin via Swatow, Cheongshing Tues., 17th May at -7 a.m.
Foochow & Chafoo Chipshing
To Shanghai via Swatow Sandvikon
Sun., 22nd May at 7 a.m. Tues., 17th May at 10 am.
For freight or passage apply to:-
JARDINE, MATHESON & CO., LTD.
Telephone 80811.
General Managers,"
AUMMER TRIPS TO JĀPAN-Excellent first class accommodation is provided for Round Trips to Japan, on Company's Calcutta Line Steamers, at the specially reduce·l fare of $250. Theso roturn tickets
available for three months.”
Seattle and return. G$630.00 San Francisco & Los Angeles and return
G$656.00 to G$674.00
Time Limit-One Year.
SUMMER ROUND TRIP RATES.
First Class G$540.00 Special Class G$300.00
audited, To Victoria-Vancouver-Seattle The suggestion that his profit he took on board large the Crown, whether such power be in and dealt with. numbers of foreign passengers going fact exercised by the King himself or such receipts were not authorized by un the high ucas, or up a navigable by his Ministers. Every act which Parliament disappeared. The second river to a foreign port. He was the executive Government can law-memorandum showed in detail, in the To San Francisco and Los Angeles unable to control those foreign fully do without the authority of the ease of a payment by the present company for services passengers or guarantee their peace-Act of Parliament is done in virtue of appellant ful intentions. Had the Crown a!this prerogative.
(Continued on Page 11.)
SHIPBUILDERS,
SHIP REPAIRERS,
BOILER MAKERS,
FORGE MASTERS,
OXY-ACETYLENE 'AND'
ELECTRIC WELDERS,
MECHANICAL AND
ELECTRICAL
ENGINEERS.
-DRY DOCK- Length 787 Feet.
Length on Blocks 750 Foot
Depth on Centre of SW(H.W.0.S.T.) 34 fL 6 Ins..
OF HONGKONG, LIMITED. THE TAIKOO DOCKYARD & ENGINEERING COMPANY
SALVAGE TUG “TAIKOO”
Wireless Call
V.P.G.J. 400 Matars.
Tal. Address 3-—” TRIKOODOCK ***
Telephone Ka. 30211.
Call Flag: "C" evne “ANK. PERRANTY
-THREE SLIPWAYS – Capable of Handling Ships up to
4,000 Tons displacement.
Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radhus.
BUTTERFIELD- & - SWIRE, · Agents. HONGKONG, CHINA Á JAPRM,
First Class G$562.00 Special Class G$345.00--
On Sale June-July-August. Return limit December 31, DOLLAR STEAMSHIP LINES AND AMERICAN MAIL LINE
CANTON BRANCH-No. 4 Shakeo Street.
SERVICE OF FAST MOTOR VESSELS
(with Limited, but exceptionally good, passenger accommodation). Homewards to:
Ports Sald, Genoa, Algiers, Oran, Rotterdam (Amsterdam), Hamburg, Oslo, Gothenburg and other Scandinavian Ports, via Manila and Straits Settlements.
Outwards to:
M.V. "NANKING" M.V. "TAMABA"
Salling about, 29th May. 27th June.
SHANGHAI, & JAPAN PORTS.
Salling about 28th May, 27th July.
"A" Class
Hongkong to Genca ... Hongkong to 1st North
Continental Ports
"B" Clase
£52
467
M.V. "TAMARA” M.V. "PEIPING" Passenger Rates:
£02
THE SWEDISH EAST ASIATIC CO., LTD
Agents:
GILMAN & CO., LTD.
Hongkong.
G. E. HUYGEN.
Canton.