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|
Monday,
HONGKONG TEL EGRAPH
NEW ADVERTISEMENTS. AMAZING
G.
NOTICE
WATER SUPPLY
R.
}
Connection of Cross Harbour Pipelines.
1 is hereby notified that com-i meneing at 9 p.m. on Tuesday, the 29th August, the hours of supplý on the land will be reduced to
10 liters per day, viz., 6 am, to
ALLEGED
Man
Thrown
August 28,
1939.
STORY OF MURDER
Over
Board with Hands Tied
A STORY reminiscent of the old days when pirates forced their victims to walk the plank was told at the 11 a.m, and 4 p.m. to 9 p.m. It Criminal Sessions this morning, when six men wore tried hoped to restore the present 17 before the Chief Justice, Sir Atholl MacGregor on a charge hours supply by 9 p.m. on Friday. of murder. 1st September,
T
|
dis-
Police Action
In the early hours of the next morning, the Police received a mes sage In consequence of which No. 4 Launch was sent to Ma Wan, where they saw the junk but with no per- son on board.
statements,
accused
Back-Freight Test Case HONGKONG COURT GIVES JUDGMENT
FOR PLAINTIFFS
ship
On June 3, certain information.wns | JUDGMENT was delivered by Mr. Justice R. E. received us a result of which the Police went to Castle Peak where Lindsell at the Summary Court this morning for the plain- they saw a fishing junk with white tiffs with costs, in an action brought by the Wai Loong sally. On board her was the second
Hong, of 148 Wing Lok Street, second floor, against the Jebahun Shipping Company, of 70 Connaught Road West, ecused and he was taken inin cus- The Poller then went to Nim Wan, tody. where they found the third and at second floor, claiming $120 payable to the plaintiffs for secused on board a Junis. Inside a
The action was treated as), What Scrutton says (article 185) and
is this:- sixth accused, as well as two They were Tso Lam, 30, her on the head and she fell back matsired on the shore were the first money received by the defendants.
into the hold unconscious. Eventuni-
r:Bes two
"when the ship is either rendy to two hand
a test-case. revolvers, Leung Kam 22, Li Fuk, 26, 1y, the robbers refused the offer. A. B. PURVES,
grenades and some ammunition. The
According to the facts, the defend-deliver cargo at the port of destina- Just, before dawn the next marn-
ants were the charterers of a ship, tlon or is prevented by excepted Water Authority. Chan Luk, 30, Li Wan-
Ink the eight men in the aft hold fourth accused was arrested in an
Castle Peak
the Marle Moller. About June 20, perils from reaching such port (p). the merchant does not take Public Works Department,
cheung, 27, and Chan Kan, were ordered to go up on deck. They plum divan at
When charged, all the
plaintiffs shipped a motor car with but admitting they the
for
or forward Swalow. delivery Marle Moller
instructions Hongkong, 26th August, 1939.
27. Their alleged victim were lined up on the starboard side made
After brief Ek
arrived facing the sea.
outside within reasonable time, the master the When were concerned with the robbery bul pushed them was Li Hung, a dealer in
cussion, the robbers
Swatow she was turned back by the xx has the power and the duty to COMUNICACAO
into the water one by one, including denying they threw any one over.
down
board. rope and matting.
Wong Kwan-sik. Wong went
to Interest and at the owners expense. The first witness called was Wong Japanese as hostilities were about to dent with the cargo in the owners
break out. The ship returned Tendo sido oficialmente comuni
Mr. J. B. Prentis, Assistant put thangard to come to the surface wan-sik who said he recognised all Hongkong and artern the plaintiffs fe may land and warehouse It or, if
despite his hands being Bell. He
the the accused as the robbers. The first could get back the motor car, the de- that is impracticable, inny carry il in can charge the cado pelo Governo desta Colonia | Crown Solicitor, prosecuted. Mr. shouted out save life, as
fendants demanded $120 by way of his chip xx and cuidado deste Hin-shing Lo, instructed by Mr. others, and on hearing the cries, the and third were armed with riles, fen
Junk sailed towards
of the second and fourth with revolvers, daos Portugueses aqui residentes third and sixth accused and Mr. ense a situacao politica assim o exija e sendo, per isso, de absoluta necessidade estarem todos devida- mente preparados para que nac ultima pussa haver confusos a hora, sau por este meio avisados, o Cidadãos para se munirem dos adoptando. passaportes,
medidas necessarias, proprias do momento, afim de, na hipotese dumu
inconveni- quaisquer sofrerem
que
fleava
dick
him. Olle
PARIS RELIEVES ALL Consulado a evacuaeno dos Cidla S. Ng Quinn, was for the first. robbers attempted to strike him while the other two earried hani back-freight, which mum was iden-owner with remuneration for and
CHANCE OF
SETTLEMENT
EXHAUSTED
Continued from Pape 1.1
varation in Switzerland
home.
Several
extra
return
troles al:
seus left,
Lucerne on Saturday,
presseg
Indian Princes
H
1120
Į
se
Warning To Shopkeepers LONDON, Aug. 27 (Reutera-The Lord Privy Seal's department im- enrius.
the shopkeepers spon
E
vista dla informacao internal necessity of securing that
from solicitada pelo Governo de Macna, lighting can be made invisible
mais tenho a comunicar a todos the outside, and that external lights
os Lidados tdecsetuse!s{{n can be immediately extinguished it mrembogy.
refugiarem em Macau, no Caso duma possivel evacuacão, que e necessario urgente que nuxiliem drade ja, enviando este Consulado relacoes completas ясин mencionem en que se nomes " ng as pessoas de auas familias じ respectivos idades e condicoes de vida.
BIKANER, Aug. 27 (Reuter).—The Maharajah of Bikaner has issued an authoritative contradiction to the newspaper report that the Princes' recent negotiations in Simia relating to Federation were an attempt to take advantage of the present crisis In Europe.
The statement says that the loyalty of the Indian States has no price und the offer of the Princes Fast Septem- ber was obviously not yonged to that particular crisis, but Mid-D for all emergencies, and it would be safely predicted that the Princes of India would rally like one man round the King-Emperor should war break out.
A message from Simia says that the Viceroy has received from the lead- ing rulers a declaration of allegiance to the King-Emperor, and offers to place the resources of their Stales have at his disposal. Such offers
the Nizam been received from
the Maharajahs Hyderabad,
of
of
Travancore, Kapurthala and Bikaner,
und the Nawab of Kampur.
L
271!
il
|
one
the
the
the
sailed right over him.
a fainted. His wife contmued to
time but the sky Was starlit
TIENTSIN BRITONS
EVACUATE
(Continued from Page 1.)
nuk presence
over ter
s there
to
|
A.
question was whether that $120 was name of "back freight****
and in footnote (p) "semble, that, in G. She, instructed by Mr. D. rife but failed, and the junk grenades. There was no moon at the tent with the upward freight. The expenses of such carringe under the Plaintiffs were represented by Mr. case the ship is prevented by except- After remaining in the water for 15 clainless, he could clearly see what properly charged or not,
F. H. Loseby, and the defendants by fed perils from reaching her port of McCallum, defended the others.
destination, the ship-owner can re- The following Jury was empanell-minutes, Wong was picked up by an-happened.
The ease is proceeding.
Mr. M. M. Watson. ed: Messrs. A. Wright (Foreman), other junk and eventually brought to
Statement Of Facts
cover expenses and back freight in- The Yaumati Police Stution. Yick Soy-kwan, A. Stalker, F. X.
The agreed statement of facts was curred in the interest of the cargo Notura V Henderson owner: vide Hotel, H. J. D. Lawe, B. W. Sim-]
Wito Saves Husband
as follows: mons and C. M. Xavier
The enclosed ropy Bill of Lading (1870) L.R.5.Q.D.340 and articles Mr. Prentis said the scene of
101. We fis Meanwhile, Wong Tak
103. in a correct copy of the Bill of Lading
I have carefully read the report of was the rrime was
channel
arjoling Tong family were still on board the junk! Ko Island in Uemston Roads, and the which had been seized.
under which the goods were shipped. On seeing
The vessel when off the entrance the ease of Notara v Henderson and method by which Ll Hung was mur- what had happened. Wout felt slek dered was that he was thrown over-
panese naval launch that it the view expressed by Scrutton, and by a Japanese
Is difteuli to appreciate how noi absolutely board with his hunds tied behind his crep watch and in a short white sng more" to leave the capital if their to the Port of Swatow was warned can and nothing therein to support
was dangerous to proceed into the with
a piece of rope, to which noticed the hatch cover being fed· Vnecessary, says a decree issued by the harbour and that at that time hostituation could arise in which on the was attached a stone of about a cubic She then spread herself foot t Aize. His body had not been, husband in order to hide him, and Minister of Public Works to-day.
The Minister declares that at the ties had broken out or were about one hand the ship did not reach her the shipper did not "take delivery' recovered, but this was not unusual pparently believing that not a single
or forward instructions within tant considered
man had been left the robbers tid moment it still possible for the to break out in, and in the neight of destination and on the other
泉 assure speedy bourhood of, Swalow.
The cargo in question was duly reasonable time". whom
fevneuation of the city.
to the Port of shipment, returned to the maximum depth of the channel where not bother to come down the hold but authorities
asum
Carver's Carriage by Sen, 4th Edn he was thrown
w overboard
was 78 replaced the hatch cover and left.
1.e. Hongkong, where delivery was
at p.102. gives a different statement feet and the minimum was 36 feet. Sometime afterwards, Wong's wite!
Germans Leave Tunis Paris, Aug 27 (Trans-Ocean). Inken by the Plaintiffs, the holders of of the Law: "The cargo owner is Further, there was a flood tide puss-looked out and saw the junk stranded
only bound to repay expenses which Everything
of discharge in this case, have been incurred specially for the ing through the channel at the rate near the shore.
numbers about left in a body to-
Le Swalow, was unsafe by reason benefit of goods. Expenditure offs are five knots, and therefore it susiet and eventaully she, her husband The Gerinin colony in Tunis, which the helpot Lit inte was most likely that the body might and their son ashore, and
of war or disturbances and that the curred on behalf of the adventure have he carried into Chinese ter- their way to Nim Wan. From there day for Libyn.
Germans Leave Poland Master of the vessel was properly of generally, as for example, in putting
into A watch had been kept on they went to Castle Peak and, being | ritory.
port of refuge, can only be BERLIN. Aug 27 (Trous-Occan). the opinion that this was the case. that vicinity but no body hud, been absolutely destitute, they begged
If the ship had been misle to enter charged to him as a matter of general their way to Hongkong where they
the Port of Swatow and to deliver average contribution", and goes on to told the
their story to some people who-The flood of refugees from Poland
continues unabated. dvised them to go to the Police.
It was announced to-day that the the cargo at Swatow she would then quote the Argos case in support of The Junk was next seen the same
Not Supported The story began,
Mr. afternoon near Ma Wan. The man refugee camp at Ottmachau in Silesia have been available and would, as this more limited view.
been sent to and they have
other had such cargo been available from
Cureful consideration has driven kaifong of the village. He did not parts of Germany to wark.
Swatow to Hongkong, and thereby saifed from Pau Kai village in 1 Chinese territory with a cargo of take much notice of her then, but
The refugee headquarters at Hin-earned freight thereon, but that the me to the conclusion that the wilde- rope and grass matting, even to his shop and bought
ter in the afternoon a tan came up denberg has received 15,000 persons ship did not enter the Port of Swatow hess of the statement in Scrutton is board 12 people, Including seven
and to date, and the number of refugees by reason of the fact that the Master nut supported by authority and that the principle enunclated by the Consul interino, members of the crew, Wong Kwan- This was the second accused and he who have fled across the frontier is deemed the Port to be unsafe for Scrution is not supported
the ship, and that the danger to thority and that the principle en- sik and Li Hung, who were in charge asked Chan where he could store his estimated at 10,000.
ship was not increased by the cargounciated by the Judicial Committee Japanese In Britain of the cargo, and three passengers, cargo. He was shown a vacant piece
In question. LONDON, Aug. 28 (UP)-It has Wong Tak, his wife and their grant of ground.
Shortly afterwards, he came back been learned that no arrangements passed Inside Tong Ko Island and was again und Chan, in the course of have so far been made for Japanese/ fendants in respect of the curriage, more than this, that where the con- OF THE REPUBLIC OF PANAMA || sailing towards Castle Penk about 11 eneral conversation, asked him how nationals to leave Britain.
Whether steps will be taken de ats many men were on board the junk. Then three shots a.m. on May 21.
On hearing there were three, Chan pends on the international situation. were heard and a fishing boat with became suspicious as the junk was It has also been learned that about white salls was seen
towards corning
a big one, and told the man to take hair the 500 Japanese residents of the junk, which eventually stopped.
the Yasakini Maru. men went on board.
ON
Pien.
Men In Fishing Boat
went
Un
CONSULADO DE PORTUGAL. EM | Prentis, on May 19 when the junk who saw her was Chan Nam, the Nohas thus far received 9,500 persons, customary, have taken on other cargo
HONGKONG, aos 28 de AGOSTO de 1939.
F. P. de V. SOARES,
NOTICE
CONSULATE GENERAL
IN HONG KONG
The Consul General for Panama
wishes to announce to the Steam
son.
All went well until the junk hudf
The
the
by au
warm thanks on behalf of the King-Ships Agencies and Exporting 1 sixing boat came alongside and back his goods on board and clear] Germany have left Hamburg aboard bûd been paid by the Plaints, on tions to put himself in the shoes of
The Viceroy hus expressed his
Emperor.
Firms of Hong Kong doing busi- neas with the Republic of Panama Australian Defence
and Central and South American LONDON, Aug. 27 (Trans-Ocean). The Chief of the Australian General countries via Panama, that, owing Staff, General J. D. Lavarack, and
to unforeseen circumstances with the permanent Hulson officer in the office of the Australian High Com-reference to the premises now anissioner in London, Lieut-Col. E. occupied by the Consulate in the K. Smart, have been instructed im- | Hongkong metintely to return to Australia.
Shanghai
Bank
It is declared that in the event of Building; and being impossible to war, the two officers will be needed and in In Australlu.
It is also predleted that should war materialise, an all-party Cabinet will be formed in Australia.
Annam Loyalty CANNES, Aug. 27 (Reuter)—The Emperor of Annam is leaving by al for home to-morrow, and he has put himself at the disposition of the French Government in the event of
War.
Australia's Cold Embargo Canberra, Aug. 28 (Reuter).--The Australian Government has placed an embargo on the export of gold.
Palestine Prepares
short time another suitable place for the Consulate's Offices on account of the special circumstances prevailing now at Hong Kong, the Consulate General will be closed the 1st of Septem- her, 1939, until new announcement, and all shipments of merchandise and passenger traflic will stopped at that' dute.
THE CONSUL GENERAL FOR
- PANAMA.
SPECIAL TO THE "TELEGRAPH" Jerusalem, Aug. 27 (Reuter).-The Government has published legislation for the maintenabre of stocks of essential commodities, and the control of food and essentials in the event of R.
on emergency.
The legislation includes the reguln- tion of prices and consumption.
Assurance To Kaunas KAUNAS, Aug. 27 (Reuter)It is unofficially, but rellably reported that the German Minister has informed the Lithuanian Government that Ger-
would
respect Lithuanian many neutrality in the event of war, in con- formity with the Lithuanian-German non-aggression pact.
The same source reports that the Polish Minister has given similar ns- surances.
Danish Noutrality Copenhagen, Aug 27 (Reuter)--- Foreign Minister, Mr. Munch, inter- viewed by "Reuler" said that Den- mark was determined to preserve her neutrality, and she was convicted she could do so.
Turkey Faithful LONDON, Aug. 27, (UP).-It is understood that France and Great Britain have received confirmation from Ankara that President Incunu has informed Ambassador Von Papen that Turkey will remain faithful to the Democracies.
Now It's Egg Rustlers
Petaluma.
This elty, known as the "igst bow1" of the United States, has de
he
GERMANS EVACUATE
HONGKONG
(Continued from Page 1.) G. R. Thompson, Mrs. E. A.
chell.
They were
the accused and they were armed with two rifles, two revolvers - and two hand grenades.
On reaching the deck of the junk, the robbers seized and searched the asited crew and passengers. They who the master was and were told he was not 031 board. They then ac- cused Wang Tak, an old man of 75, as being the master, but the latter denied
led this and pointed out Li Hung, the murdered man, as the owner of the cargo.
With the exception of Wong Tak and his family, the hands of the others and were tied behind their backs.
they were forced into the aft hold. Wong Tak and his family were taken to the hold amidships. They when a sumpan caine alongside. kept in the holds until about 9 p.m.
were
Both Wong Tak and Wong Kwan- silt peeped through the hatch covers and they saw the second, fourth and Bfth accused come on board Short- ly afterwards the murdered man was brought on deck. His hands were still tled behind him and the robbers cuble attached a stone of about u foot in size to the rope.
Bogged For Morcy
Li begged for mercy, saying "You mc my whole this. If you kill Wit-want money. There is no need to du they all family will be finished as depend on me." To this the robbers
us,' "It is either you or replied,
and The robbers then lifted Li up threw him overboard.
Hongkong Briofs Military trucks brought back over Rajputana 100 tired steel-helmeted Rifles from the New Territories yes terday. They had been doing long stretches of duty on the border.
*
Armoured cars of the Hongkong Volunteer Defence Corps held a prac tice run in the New Territories during the week-end. #
sparc
Shortly after this had happened, the eight remaining men in the aft hold fell on their hands and begked their lives. the robbers to They were threatened with a revolver by the first accused, who told them to be quiet otherwise they would also be thrown overboard. A little later, some of the robbers left in a Non-combatant members of Hong sampan, and nothing further happen- | kong emergency committees and pered that night. sonnel followed instructions and kept The next morning the sampon came by their telephones instead of going back but only for a short while. The to the beaches on Saturday and Sun-bound men, as well as Wong Tok and his family were given two meals day.
o rice and their hands were untied
Over thirty Germans left for Macno for a brief period to enable them to on Friday and Saturday.
wat.
•
•
.
H.M.S. Doisotshire left harbour
flashes.
Offered Robbars $300
Jest night for an unknown destina. In the evening, the sampan return- { partition tion. Yesterday officers and me cd. Meanwhile, the eight men and were recalled by cinema serem Wong Tak, through
separating the holds, had come to an
the robbers agreement to offer
$300 If, they would let them sum of its own criminal problem. Valeud tree. On the return of the robbers, demand- of the old cattle rustlers of earlier the offer war made but. days, it now has "egg rustlers." The ed that the money be handed over
off inst one rustled"
10 cases. In three days' time. Wong Tak's "Rustiers" merely back up a truck wife then put her head out of the to the entrance of an egg storehouse hold and said it would take at least, and get away with as many cases As soven days for them to find tile possible,
money. One of the robbers struck
they
out.
OPENING
SEPT. 1st AT THE
KING'S THEATRE
RED-HANDED!
Confessions of a
NAZI SPY
EDWARD G.
ROBINSON
FRANCIS
LEDERER-Paul Lokas George Sanders. Henry O'Hell Directed by ANATOLE LITVAK Presented by WARNER BROS.
Screen Play by Miron Krias and Spha Wazlay • Technical advitar less 3. Top
row, formor of then ↑ A Parti Net? Pichera 1 -
BOOKING. NOW OPEN
The amount demunded by the De-In the Argos cargo amounts to no has had the op- of cargo back to Hongkong would Insignee of cargo ordinary circumstances be the cor- portunity of taking delivery at the do so, and the cargo cannot be put rect freight payable from the Port port of destination but has failed to of Swatow to Hongkong, and was ashore, the captain of the ship is the same amount as the freight which entitled, in the absence of instruc- shipping. in respect of the carriage the cargo owner and to deal with the of the goods to the Port of Swatow. cargo in such a way as in his judg-
The Judgment
ment, prudently exercised, appears be in the best interests of the Is Lordship said: In my judg-to ment this claim must succeed. The owner, and in such circumstances to facts are simple and agreed and charge him with all exp
way of perly Incurred whether need not recapitulate them.
otherwise. The defence (if I appreciate it back freight or
two-fold. First Mr. Wal- This is the very position which the (right) wis leaving the bill special condition chopped on
son submitted thal, leav
by pro- ̈ ̈
the
the
of lading altogether out of account, face of the bill of lading in
condition reads 15 the care was covered by the general present case is obviously intended to
Privy cover. That principle laid down by the Council in "Cargo ex Argos," (L.ft.6. follows:
that case
P.C.A.134). In Deilant itad рет
the
lake delivery
"Consignees must Ap- shipped casks of promptly ex ship. Cargo unclaimed petroleum by the respondents
Argos
S... or undelivered will be returned to
for carriage from London to the port of shipment at shipper's risk Huvre. Upon the ship's arrival at and expenre. Double freightage to Havre the Authorities of the port re-be charged to
quested the caplain to
take her away
Mr. Watson super".
as his second
the of defence that
word
in consequence of the petroleum be- grounged" includes any and every
ing
but
ing on board; thereupon he went to neighbouring ports
Was not case of non-delivery whether on ag allowed to stay there. Upon return count of a consignce's default or by and excepted peril. to Havre he unloaded his general reason of an cargo and discharged the casks of argued that since non-delivery here 16 petrolcuin into a lighter where they was occasioned by one of the perils
emained for four days at the disposal excepted by condition 9 and/or
Ilable of the consignees. No bill of luding printed on the back of the bill of having been presented and no ap- lading the defendants
the for back freight. to take delivery, plication made captain then reshipped the casks and brought them back to London,
On the ship-owners suing
for
were
Not In Agreement
With this submission am not in
(inter alia) back freight and expenses, agreement. I
it
am satisfied that the
was held that where cargo has special condition cannot be read to reached its port of destination and no mean more than that, if at the port claim the cargo, or refuses or fails application for delivery is made, the of destination the consignee does not
within ain may land and warehouse it it to take delivery thereof caplain the expense of the shipper and where
that in forbidden by the port author/treasonable time, then the cargo will ies, he may in the absence of advices be returned at Use shipper's risk and expense, such expense including full ake it to such a place as in his judg-back freight, to the port of ship-
Lake
ment is most convenient for the ship-back
Before this condition can per and may charge him with all ex-ment.
effect the consignee must have had penses properly incurred, and that: therefore were the ship-owners enfilled to back freight and expenses the opportunity of taking delivery. and Its Insertion on the face of the ol its bill of lading is evidenco which they claimed.
and unusual nature, special ond
No True Parallel
intended
whenever
10 the
perli
has
apply 1 can see no true parallel between evidence that it is not
Benerally that case and this. Here it was the
existence of an excepted ship herself that was compelled by been the cause of non-delivery.
D
an excepted peril to turn back be-
Nor again in my judgment can the fore reaching her destination and the defendants rely on either 9 or 10 of consignee of the lorry never had an the printed conditions. It is common
taking delivery, opportunity of whereas in the case of the Argos ground that the ship turned back Argos towing to the existence of an excepted
unsafe namely the
condition of was the nature of the cargo that peril, prevented its discharge in the first the port of Swatow, and tint in the
dis- circumstances ance and when instance
captain was just- charging it were later found the fed in landing the lorry at the near- consigneca did have the opportunity, est safe or convenient port, to wit of which they falled to avail them- Hongkong, but in such a case all that
means of
selves, of taking delivery.
The circumstances of the two cases allow as
the
the said condo to the shipper is
are thus clearly distinguishable and the cost of
A
I read them,
discharging or
landing
were it not for the statement of the the lorry in Hongkong, law in Scrution's Charter Parties and For these rearons i am satisfied 'entitled to Bills of Lading (13th Edn.) on pages that the Plaintiffs are 304-5 I should have had no hesitation succeed in their claim for the return lak of the back freight which they paid In holding that the principles down in the Argos case have no under protest and I give them Judg
ment with costs. application here.
L