226
TEE
The owners instruct us they have also had a number of meetings amongst them- selves, at which the Government's pro- posals have been most carefully consider-
tore than is customary. The explanation is the fall in exchange, which affected the accounts in every department of the Government service. The estimates for 1921 were based on a rate of 3s. 4d, anded and discussed, the average for the year is 28. 8d. I might mention that, against this sum of $1.001,262.12 is offset a considerably larger saving of some 21 million dollars in the -five main heads of expenditure which are
not shown in this Bill.
The ATTORNEY-GENERAL seconded, and the Bill was read a first time.
THE INDEMNITY BILL.
PETITION PRESENTED BY LOCAL SHIPOWNERS.
The ATTORNEY GENERAL moved
the second reading of the Bill intitued An Ordinance to restrict the taking of legal proceedings in respect of certain acts and imatters done during the war and to pro- vide in certain cases remedies in sub stitution therefor.
The COLONIAL SECRETARY seconded. The ATTORNEY-GENERAL: Sir, certain interested persons wish to be heard by counsel upon this Bill and 1 beg to move that they now be so heard.
The Hon. MFVD PARR: I 90cond
that.
The resolution was carried. Mr. C.-G. ALABASTER, O.B.E., barrister- at-law, then addressed. the Council. He said: May it please Your Excellency, and honourable members of the Legislative Council, I propose, with your permission, to follow the practice that was adopted when counsel was heard on the Rents Bill and to read the petition which has been presented to-day, supplementing it, if necessary, by commenting ou it as I
The owners have come to the conclusion that the remuneration offered by the Government is not only wholly inadequate but must result in a heavy loss to the
owners.
Each of the owners bas, in respect of his ship, made out a working account, based on the previous working expenses of his ship, and each individual item, although approximate only, can be sub. stantiated by the owners books, which books the owners are prepared to pro- duce for inspection to the Government at any time.
We enclose herewith working accounts of the steamships Telemachus, Pheuni- penh. Haimun, Brisbane, Wollowra, Manapouri, Castlefield and Patriot.
From
Pheumpenh Haimun
Brisbane
+1
Wollowra
་་
-
Manapouri Castlefield
HONGKONG DAILY PRESS, FRIDAY, AUGUST Ara,
By a
Should the above scheme have been
either by mutual agreement between the Lords Commissioners of the Ad-rought into operation under the powers miralty and the owners, or failing such referred to in (a) above it is obvious agreement, by the Award of a Board from the decision in The China Mutual of Arbitration to be constituted and
Steam Navigation Co., Ltd. . Maclay re- appointed for the purpose.
ported in 1918, I.K.B. page 331 that although the Board of Arbitration re- ferred to in the Proclamation of the 3rd | August, 1913, might have powers to assess the remuneration on a requisition basis it clearly has no power to assess the remuneration and compensation under the above scheme consequently whether, the above scheme has been brought into operation under the legislation referred to in (a) above or under other legislation not referred to in this letter or merely
Proclamation in the London Gazette of the 14th August, 1914, certain persons were appointed to the Board of Arbitration contemplated by His Majesty's proclamation of the 3rd August, 1914, and Lord Mersey was appointed as President and Mr. William Walton as Vice-President.
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a
By au Order-in-Council dated the 28th of June, 1917, by way of amendment to the Regulations called "the Defence of on the basis of negotiation our clients. the Realm Regulations " under the De-feel further 'justified in suggesting that fence of the Realm (Consolidation) Act His Excellency might possibly see his way 1914, it is provided by Regulation 39 to communicate with the Home Author
ities and obtain the necessary power to 1. That the Shipping Controller may appoint a Board of Arbitration here for make orders regulating and giving direc- the purpose of fixing the remuneration perusal of such working tions in respect of the nature of the and compensation to be paid to the own accounts it will be seen that when the trades in which ships are to be employed. ers under the above scheme, and in the remuneration proposed to be paid by the the traffic to be carried therein, and the event of such a Board being appointed, Government is placed against the working terms and conditions on which the trade our clients consider that their interest expenses, the result is a very substantial is to be carried, the ports at which cargo should be fully represented on such a monthly loss in each individual case. 1s to be loaded or discharged or pas- Board, and that they should have
Unless the Government are prepared sengers embark or disembark (including a full opportunity of placing their) to very substantially increase the re-directions requiring ships to proceed to views before such Board. In CODI with this suggestion, our muneration, bankruptcy or liquidation specified port for the purpose of loading nection will be the inevitable outcoma.
or unloading cargo or embarking or dis- clients desire state that they do From a perusal of the working accounts, embarking passengers) the ports at which not consider that the present members the result appears to be as follows:- consignees of cargo are to take delivery of the Sub-Committee here of the S.B. Telemachus a monthly loss of $3,211.65 thereof, the rates (maxima or minima) London Shipping Controller are
4,735.75 to be charged for rates or hire of ships position to fully or adequately represent 2.949.69 and the carriage of passengers, the form our clients' interest or that they should 997.00 of hills of lading and passenger certi-be called upon to do so. Furthermore, 4,205.30 ficates, and other matters affecting ship- our clients feel that a local Board of 948.00 ing where it appears to the Controller Arbitration is essential as local conditions 395,75 | necessary ur expedient to make such must be taken into consideration. Patriot a very substantial loss in view order for the purpose of making shipping Our cliente desire us to state that it of the requisition of the s.. Wol- available to the needs of the country, in is not thetr desite or intention to oppose lowra.
such manner as to make the best use
or hinder the Government in any way strongly as possible to His Excellency the stances at the time, provided that any reasonable and adequate remuneration,
The owners desire us to represent as thereof having regard to the circumbu to secure for themselves a just, Governor. the vital site of pro- order made under this Regulation shall and compensation, under the circun- pounding a new scheme he by a very have effect subject to any Regulations stances. much higher remuneratio donated to made or Orders given under Regulations. the owners, and dekij
point-out | 37-38 on 90, - ** that it is most inequitable that the ship- 2. Any Order made under this Regula" ping trade of this Colony houltion may contain such provisions as to selected as the only industry be taxed.entry inspection of books and documents oppose this Bill and to protest, in so far it is well known and has often been pro-ur otherwise as may appear to the Con. Sir. Your obedient servants,
nounced by His Excellency the Governor troller necessary or expedient for the as it is possible to pretest. This is a
that the shipping at Hongkong is the life purpose of his duties. petition of
considerable number of blood of the Colou. that without ship- steamship companies, some registered in ping this Colony cannot exist.
The Shipping Controller may by "Hongkong and others in Shanghai: with The owners feel certain that His Ex.order requisition or require to be placed
shareholders, men and women--of many celleney will appreciate the extraordinary at his disposal, in order that they different nationalities, some connected competition which British shipping has toeeds of the country, any ship, or any with the Colony and some wholly uncon- contend with in the Japanese Shipping, -pected with it.
that unless sufficient inducements are cargo space or passenger accommodation Counsel then read the salient para-shown to British shipping enterprise the any ships, or any rights under any graphs of the following petition :-- same cannot be expected to Hourish. The charter, freight engagement, or similar contract affecting any ship and require owners consider that British shipping ships so requisitioned to be delivered to Companies should nor be penalised in To the Hon. Mr. CLAUD SEVERN, LL D..panies are building up enormous reserves.him at such times and at such places as these times when Japanese shipping Com- the Controller or any persons named by The Officer Administering the Government and will, unless British Shipping is well the Controller may require, where it of the Colony of Hongkong for the time fostered, become invincible competitors appears to the Controller necessary or heing and to the Members of the Legis in the not distan future, especially in expeditent to make any such order for tion of Hongkong from the Secretary of lative Council of the Colony of Hong the Far East.
the purpose of making shipping available the Shipping Control Committee.
The enclosed letter received the con- kong
In view of the working accounts en- for the needs of the country in such closed herewith, in respect of which the
manner as to make the best use thereof sideration of the Committee of the Ship owners invite full and compete invest. having regard to the circumstances of the gation, the owers hop that His Excel-time. lency the Governor will see his way to
read it.
The PRESIDENT: I think, perhaps, as a printed copy of the petition is in the hauds of hon, members it will be unneces- sary to read every word. -****
Mr. ALABASTER: That will perhaps shorten it, but my instructions are to
H
PETITION.
The humble Petition of:-
OWHPPS
be used in the manner best suited to the
This letter is wriven without prejudice to the owners rightsin ovaj kelpkết and must not be construed as an admission any way. We have the honour to be, (Sd.) DEACON, loOKER. DEACON, AND
H RSTON.
The Honourable Coonial Secretary,
-On the 1st day of May, 1918, our
said Solicitors addressed the following: letter to the Honourale Colonial Serre-
tary:-
SIR.-
Enel.
Scheme
1st May, 19IS.
re The Hongkong Slipgång Control We have the honour to enclose here with copy of a letter wich was received on the 25th April last by the Secretary
of the Ship Owners Protection Associa-
Owners Protection Association of Hong-
Messrs. The Douglas Steamship Co.,
Ltd..
kong this morning who have instructed of the stenarships Ilaitan and Hailong.
Such compensation shall be paid in us to state that in view of your letter of the 24th April last No. 2,16 1918 they Messrs. Moller & Co. (Shanghai), Ltd., very substantially increase the remune-respect of the use of the ship or cargo
of Shanghai, owners of the steam-, ration now offered.
space or passenger accommodation re- prefer to address any communication ships Manapouri and Castlefield The owners, whilst being desirous of quisitioned under this Regulation and for which they may desire to make either to (now called Lindsay Moller and assisting the Government in every pos- service rendered during the use thereof, Mr. Fletcher or to Mr. Carey because Ralph Moller respectively).
sible way at this serious juncture, con- and for loss or damage thereby occa- unless they have a represemative on the Messrs. Carmichael and Clarke
sider that their present request is noted as in default of agreement, may be Shipping Control Committee they cannot only reasonable, but such as they are determined by the Board of Arbitration see their way to make any communication
under the present circumstances justified in putting forward and pressing constituted under the Proclamation of the to such Committee as they do not con- rd of August, 1914, respecting the re-sider their interests are adequately re- presented or protected in regard to com- quisitioning of ships by the Admiralty.
manications made to such Committee at the moment and they are of opinier having regard to what has recently taken place that they are justified in the position now taken in by them.
of
Hongkong, representing the owners of the steamship Brisbane. The Luen Hing Steamship Co., Ltd., of Hongkong, the owners of the steam- ship Pheumpenh. The Lai Hing Steamship Co., Ltd., of Hongkong, the owners of the steam- ship Telemachus.
The owners desire to make a further request which they deem of vital im- portance to their interests, which is that a representative from amongst their ranks be appointed by His Excellency the Gov. The Po Shun Steamship Co., Ltd.. ofertor to the sub-committee of the London Hongkong, the owners of the steam-Shipping Controller, and of his Deputy -hip Haimun.
in the Far East.
The Wollowra Steamship Co., Ltd., of
Shanghai, the owners of the steam ship Wollowra.
I'm
Man Cheun of Hongkong, the owners of the steamship Lien Shing. Sheweth as follows.
1. n or about the month of March,
1918, the Government of Hongkong noti-
ed your Petitioners of their decision to
This letter is written without prejudice to the owners' rights in every respect, and must not be construed as an admis- sion in any way. We have the honour to be, Sir. Your obedient servants,
(L) DEACON, LOOKER, DEACON AND HAREFOX.
The Hon. Colonial Secretary...,"
3. On the 19th day of Aprila 1918, our
SIR,
10th. April 1915.
re Hongkong Shipping Controk Scheme.
We have the honour to acknowledge receipt of your letter of the 15th instant, No. 1 in 3456 / 1916.
Bring the said steamships under Hong- said Solicitors addressed the following kong Government control. Your petition letter to the Honourable Colonial Secre- ers whilst protesting in every possibletary :- Lway did not oppose the action of the Government of Hongkong at the time being contented, having paid under pro- test the moneys demanded, to leave the adjustment thereof to a later date as your petitioners considered that their ships were required for furthering the
We have placed the above letter before interests of the British Empire in the our clients who are the own of the date war and understood that moneys ships referred to in our letter of the 11th received by the Hongkong Government instant. by reason of such action would after Our clients much regret that is Ex- making adequat compensation to the cellency cannot see his way to increase owners be reunited to England and used, the proposed remuneration, because, as in connection with the late war.
you state, His Excellency is at present
2. On the 11th day of April, 1918, our bound by instructions from home, but our Solicitors Messrs. Deacon, Looker. Deacon clients note with pleasure that His Ex- and Harston addressed the following cellency is prepared to assist our clients. letter to the Honourable Colonial Secre-In every possible way. tary:-
Our clients are at present unaware what legislative authority the above scheme is being carried out, and would be grateful for some enlightenment on the subject.
under 11th April, 1918. Sin-We have the honour to address yon with reference to the bringing under Government control of all steamers flying the British flag which have not yet been requisitioned for Imperial service, and whose ports of registry are either Hong kong or Shanghai
We are instructed by the owners of the steamships Telemachus, Pheumpenh, Hai- mun, Brisbane, Wollowra, Manapouri, Castlefield and Patrior to represent their | interests generally, and particularly as to the remuneration which the Govern- ment propose to any under the above. scheme.
The owners have now had the advan- tage of considering the information which was imparted by the Assistant Colonial Secretary at the Meeting at the Sanitary Board Office held on the 28th March last, when they were informed that the Gov ernment propose to pay the tramp Blue Book rates, as to one third thereof at an exchange of 2/- to the pound, and as to the balance at the rate of exchange of the day of payment, plus 2/8 per ton for Eastern service, and 5 per cent. ou the net profits in consideration of the services of the owners in running the ships on behalf of the Government.
As far as we ourselves are aware, there are only two legislative authorities ander which such a scheme could possibly be brought into operation, and they are as follows:-
(7) By a Proclamation published in the Hongkong Government Gazette on the 5th August, 1914, bring into opera- tion the Order-in-t'ouncil of the 26th October, 1896, it is provided-
6.The Governor may require any person to supply any animals, vehicles, ships, boats, or other per- sonal property belonging to or under the control of such person to the Government, if such pro perty be required in aid of ur in connection with the defence of the Colony, and, in default of the per- son supplying the same, may seize
(SL) DEACON. LOOKER, TEACON, AND and take possesseion of and retain such animals, vehicles, hoats or
HARSTON. other personal property for such | The Hon. Colonial Secretary,
5. The Ship Owners Protection Associa 12. The Governor shall, out of the tion of Hongkong which was and is an public funds of the Colony, pay to Association for the protection of our every person who shall be required interests with reference to the aforesaid 10 do any personal service by Government control heme Were never
The Ship Owners Protection Association of Hongkong desire to again put forward a request for representation on the Ship- ping Control Committee which the Ship Owners Protection Association of Hong- koug venture to think now has the sym- pathetic support of certain members of the present Shipping Control Committee. We have the honour to be, Sir, Your obedient servants,
purposes.
virtue of this Order such remune- ration and to every person whose shall be taken or tem- property porarily taken possession of or re moved or destroyed by virtue of this Order such compensation as shall be agreed on between the Governor and such person, and in default of agreement, such remune. ration or compensation as shall be awarded by the Board hereinafter mentioned whose award shall be final.
the Governor
permitted to have a representative on the Shipping Control Committee nor were we the individual shipowners represented whereas the Committee in question was substantially composed of representatives of Shipping Companies in direct opposi- tion to us.
6. The said Steamships were then and are now ou the Hongkong or Shanghai registers. The position being as follows:
8.8. Telemachus Hongkong Register. S.S. Phoumpenh S.S. Haimun S.S. Brisbane S.S. Wollowra S.S. Lienshing
"
13. For the purpose of determining the amount of any remuneration or compensation jayable under this Order. shall appoint a Board consisting of five persons, of whom one shall be a Judge or Stipendiary Magis
7.--Thereafter the said Steamships were trate, two shall be officers either taken under the said control and the in the Civil Government of the
S.S. Manapouri Shanghai Register. S.S. Castlefield
**
Colony or in His Majesty's naval Hongkong Government received in respect or military service and the other of their earnings large sums of money two shall be inhabitants of the which sums the Government still retain Colony. All questions referred to against the will and consent of your Peti- the said Board shall in case of a tioners. Further your Petitioners know difference of opinion, he decided that the Home Government do not requira by the votes of the majority of the the said moneys and have so informed the members. The Judge or Stipen- Hongkong Government. diary Magistrate shall be the Chairman of the Board. Should the above scheme have been brought into operation under the powers
8. The said sums were not required in aid of or in connection with the defence of the Colony or of the Empire or used for the purpses of the prosecution of the war now happily ended.
(a) Under the Proclamation in the London Gazette of the 3rd August, 1914, the Lords Commissioners of the Admir- alty by Warrant under the hand of their Secretary, or under the hand of any Flag Officer of His Majesty's Navy holding any appointment under the Admiralty, are entitled to requisition and take for service any British ship or British vessel as defined in the Mer- chant Shipping Act, 1894, within the contained in the Proclamation in the 9. In the Financial Statement for the British Isles or the waters adjacent Hongkong Government Gazette of the 5th thereto, for such period or time as may August, 1914, bringing into operation the month of February, 1921, published in be necessary, on condition that the Order-in-Council of the 26th October, the Gazette of the 27th May, 1921, under "Liabilities is the item owners of all ships and vessels so re- 1896, in view of His Excellency being the heading quisitioned shall receive pay for their prepared to assist our clients in every "Shipping Control Account $2,231,204.11.** 10-The retention of the said sum by use and for services rendered during their way in his power, our clients feel justi employment in the Government service fied in suggesting that His Excellency the Government is not warranted by any and compensation for loss or damage might be prepared to appoint a Board for Act of Parliament, Ordinance, Order-in- thereby occasioned according to the the purpose of fixing the remuneration Council, Royal Prerogative or other law term to be arranged as soon as possible and compensation to be paid to the ful authority. after the said ship has been taken up, owners under the above scheme.
(Continued on page b.)
1992.