1913-12-22 — Page 6

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The Finest Scotch

Watson's

E

1

THE CHINA MAIL.

HONGKONG APPHAL COURT.

THE CHUNG QAU NAM CASE. :

THE GOVERNOR'S RETURN

KXPECTED ON CHRISTMAS:

DAY.

MONDAY, DECEMBER 32 1918.

SPORTING.

CRICKET.

KOWLOON Y, THE NAVY.

The Nary made a very poor stand gainst the Kowloos bowlers on Saturday

HONGKONGS DISTIN GUISHED VISITOR.

PLEASING FELICITATIONS"

The following Balegrama ware, amber-

**Montcalms,"" arcbanged by wireless between His Excellener Monsieur Sarrants officer Administering the Government- Governor General" of Indo-China, and the

From, the Governor-Gductal of Indes. Chim to the Ofour Administering the Government, Bongkong.

We are informed from Government Macaskill and Kay between them diamin, 1quent to the departare of the flagship House that Sir Henry by left Shanghaing the side for 34 runs, Bay took wayan by the Empress of Russia," and will, prowickats at a cost of two runs, spiese, and undly arrived here on Christmas morning.

Mackaski's shres out only nine. The latter pinser wyy also sary soonestul]; with the bat contributing to a total of 169 (for eight) no lower than 65, aot out. Waver made a sics 48. Scores

KOWLOON.

used by the correspondent referred tn. In so largo a city as Canton, which e played so prominent a part in both revolutions, it was not to be expected that tranquility would result in so short a period after the serious nature

Arising but the Original action of the tumult Canton has ever been brought by Long Chas veng, Governor a hotbed of aureat and even in the Goiveral of the Province of Kwangtung quietest of times it has never been a and Wow W

Wine Pun-Camissionce difficult matter for those disposed to Flanes for the Province of Kwangtung, gitate to gather a body of men-is the Republic of China, against Chung usually of the desperado class, who, Sau Sam and the Russo-Aziatie Bank, of the appeal was necessary in order to in bich the data it for $150,000, fur- Reep the sound open for the subsequent having nothing to lose, are not averse to risking their heads for the

ther pececedings wens heard before the notion. They could not have res judi

cata set up against this application Full Cours today. hope of some substantial reward.

The Chief Justice: I don't so The Couro was composed of His Lord-speaking gevally, you would not be Walle, thetofore, it is clear that in ship the Chief Justice (Sie Willing. Rees liberty to go into all the mistours you some respects Canton is not so freo Davies) and Els Echour the Puisne think material on the appeal 1

Sir Francis Piggott doubted that, vory from turmoil as all law-abiding peopleJudge Or Justice Gompertz).

The list showed an appeal by the defen. much. He thought it would be impa would wish to see it, yet in view of dust, Chung Say Nam, against an order sible to introdues all the facts secessary the facts already mentioned, it is not made by the Chief Justies in Chambers on the appeal, because then it would J. P. Robinson, not out surprising that such should be the refusing to dismiss action on the sum the appeal into a motion, and would J. Head, o Ferguson, b Hastings coec. The numerons cases of late round that it was not a proper setion not be a very satisfactory way of deal-Wolf, Orchard, b Runton

To be tried by thoi Supreme Court. Toering with the whole thing. The whole W. hay, did not bab. which point to an extensive trafficking was as a motion on behalf of the defon-case could only be put before their Lead- Lețin arms and ammunition is, in our danb, which defendant's Counsel applied ships in the form of a motion to dismiss, opinion, a much more serious matter to have taken with the appeal, that the and the motion to dismiss was the more

action,stould be dismisses on the, ground important of the two y than the cases which have had to be that it was fivitous and vexatious and dealt with in the summary manner an abuse of the process of the Court.

Counsel for the plain respondents | mentioned. As already stated in this

opposed, the motion being taken with the columu, the frequency of these cases appeal.

Whisky

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Kommista and Druggiata GREAT REDUCTIONS

PRICES.

General Memoranda.

WEDNESDAY, December 54:-

8 p.m.-Children's pantomime at Quarry justifies the belief firmly held by many that an accumulation of the imple-

Bay.

DAY, December 25 —

Christrans Day -Publie Holiday.

H. Sir Henry May C.MG.. Governor of Hongkong, due to return to the Colony.

Hangkong Cricket Club

Services on H K.C.C. ground. FatDay, December 28-

Boxing Day: Public Holiday.

Chinese Y.M.C.A. Sports,

MONDAY, December 29 :-

Master), appeared for the [able number of people who have al-respondent.

ready been detected in the traffic

MOTION FOR SECURITY FOR COSTS.

1

"A moment où je quitte Hongkong je

L. 1. Whyte, e. Egerton, b Buntos...tions à vous remercior très vivement de F. J. de Roms, a medley, b Hastings shopital'd si cordiale que vous n'avez B. D. Evans, Egerton, b↳ Hanton afferté dans cotte admirabia cità ob a vous Capt. Liddell, toner, Hastings... dire excellent souvenir que jemporte de

D. J. Mackensie, o Stewart, b. Huston Wamor, st. Egerton, b Bufton... R. Macaskill, not out

7

16

... 68

mon séjour comme de mes reintions areo

In honorables autorités, civiles ob militaire”

du Gouvernement de H. M. Britannique."

H.E. Mr. Claud Severs the. Officer Ad-

17 ministering the Government Hongkong, to. Govarsor General of Indo-ChinK, KE knowledged the telegram sa followe znak

4.

9

**My grateful thank to Your Excellency" For your kind, mownsgv. '. Your visit to

givua of Hongkong ba i grant plùssure to xil of us sud I regret that you had to leave' na

..13 To Eo

"Extras

Total

BONTING ANALYSES

#.

Flantings

........ 11

0

3

BOWLING ANAZMİND.

D

IS

0E. B. Reed.

2

0

1RE O, Bird...

10:

Hon. C. Sever

144

414

++

CIVIL AZEVICE C.CA

A. O.. Brawa.. ₺ Heath ... A. Foster, b Heath

GA. R. Sutherland, Robertson, b Morgan

0E B. Reed, not out.

I R.D. Hutchison,cCooper Hunt, Heath

A. G, W. Salt, b Mirgan.

1 Hon. O. Sevara, c Robertson. b Blorgan

4 | BLO. Barlow, at, Cooper Hunt, & Morgan.

Extra****

Total

"BOWLING ANALYBĖS.

0..

Major Morgan... ..." B."

24 Linut. Heath ... 80

48

Mr. Potter opposed the application. Their Lordships were sitting as a Court Kunton of Appeal, and were asked on Court Fargaso.......... of Appeal to dear an application to dis- Pasion miss the action as vexatious, oppressive Buxton Sir Francis Piggats and Mr. C. G. and so forth. In the first instance, the

Mr. G. Fe Hail Bratton's office) say if the appeal their Lordships were Lt. Hunton, P. R. Wolff, b Maskaskill Alabaster, instructed by Mr. W. B. Hindwood motion would be wholly urzeces-Mid. Stewnt,' b Kay ments of warfare is being gathered in appeared for the delendarit appellant to hear was successful because plaintiffs' Sub. Lt. Fergus, o J. H. Mead, bKay Catton or, at least, in Kwantung for and Mr. Eldon Potter and Mr. F. action would be dismissed by virtue of Sub. Lt. Feris, b Fay some sinister purpose-or with the Tenkin, instructed by Mr. R. F. C. | Ofdinanoa No. 1 of 1951. As a matter Lt. Buxton, & Mackasku Tnite view to realising one. The consider. Master (od Mess. Johnson, Stokes and of practice, the procedure suggested Foot Paymaster Pearson, b Kay

plaintiff the other sido would be all wrong, and Rev. Hastings, e J. H. Mead, b. Kay... 5 R. E. U. Bird, e Hocper, & Mergas...

Counsel did not. think their Lordships. would even have the power to sanction ab. Lt Smedley, Ly Kay Mr. Potter, as the outset, said the such a procedure. The practice was Lt. Egerton, Kay | precludes the idea that the arms can respondents had a motion for security quite deer. Or an application in which Engr. It. Orchard, not out...

bo for any other purpose. Doubtless, costs in the appeal. His Lordship the applicant relied the inherent C.P.D. Winton, C. Wesser, b Blackskill Inaguration of H.K. Corps of Seit is because the Canton officials are the Chief Justice ninde an order in Cham-jurisdiction of the Court be would first

Scouts at St. Joseph's College. 3p. Sale of Crown Land at P.W.D. well-aware of the serious characters dismissing the application of th ud all have to go to the Judge in Cham- TUESDAY, December 30 :--

of the transactions that they are at responders with costs, and until Thure hers. Even if their Lordships could or "The Coutage." No. 120 Barker Toad present dealing more firmly against at those costs had not been padder the motion to be heard with the

by the defendant, (appellant). That appeal, by sumbitted that is was of such Mackasi!...... all sorts of malefactors, for, in theading so, this motion was filed.

Her important character that the plain-Kay....................... days of revolutions, to be mild thought it was clear law. that the order tifs were entitled to say, No. The frequently means to court farther should be made on two grounds: (1), order of procedure must go first to the disaster, clemency being occasionally the defendant and bon paid costs: Judge, and then they would be es

secondly, that he was a foreigner and not titled to appeal to the Full Court, and Scores - misunderstood and when to err occasionally on the side of harsh-manently resident in the jurisdiction. if necessary to the Privy Courch. An

They did aca wish to press tho mán 18- adavit fled by Mr. Hind was not an Davison, c King, b Alexander Noon Gen. Fenwick Co., Ltness is to adopt the most certainly, but thought they were entitled to swared because Counsel had advised that Tecshi, e Alender, b King...

policy towards arriving at a more thin costs of the motion up to date. If the procedure was altogether wrong, and backay, b Kent

Baza, bing anquil state of affairs. We do not their Lordships thought fit, the question this was a master of such importance na Higginbotham, b King

would require the presence of his learned think that the Canton authorities can

Sir Francis Piggott said they were leader Mr. Sharp-in Court denl too firmly at prescut with any quite willing to pay the costs by sum- thing that indicates incipient rebellions in Chambers, but not by motion against the present state of affairs-in Court. The motion for security for agitation it scene fomented by foolish coets was an applications which could be persons who thought that in Re-ade by bringing the Full Court to

gether in Chambers. publicanism.a kind of "Golden Age" would dawn.'

2.30 p.m.-kuction of Furniture at

WEDNESDAY, December 21:-.

9p.m.-Dok Bail.

FatDay, January 2-

8.45 Taikoo Clu's Ball.

May, January 5:—

Teak Schal Re opens.

Tuesday, January 6:

General Meeting.

FRIDY. Janasty 9-

Hongkong Vaateurs go into Camp.

FRWAY, Jpnry 18:

p.m.-Engineers' Ball at City Ball

*

MONDAY, Janusry 26:—

Chine New 101 Day.

HONGKONG, MONDAY, Dec. 22, 1913.

AFFAIRS IN CANTON,

:

Li

NEWS OF THE DAY.

.LOCAL AND GENERAL,

Desember..

could be taken in Chambers faser.

Mr. Petter: Would your Lordships bear the whole matter in Chambers,?

The Chief Justice: We'll make the Lerder, with liberty to apply in Chambers

it, becessary.

A QUESTION OF PROCEDURE."

The Chief Justice: I am distinctly of opinion that we are sitting here as a Court of Appeal, and althou-as-you (Sir Francis Piggott) have very properly remarked, "the Full Court has always

powers to take matters which are the particular province of ond caso, here in this particular case there is a direct ques- tion of appeal before "us

-

Extras

Total

M.

9.5.

3 9

3 14 7

POLISI 1. CIVIL SERVICE: II. -

HONGKONG UNIVERSITY R. P THURSFIELD'S XI.

A match between these tanzos will take place on H.K.G.C. Ground on Saturday, Played at Happy Valley on Saturday 27th December, play to commence at

'CIVIL, SEDVIČIL.

Hill, not out... Wood, c Clark, & Knot ........ Ling. b Kent Bradbury, b King Edwarda, e Molenaan, è King

all, Pitt, b King

Extru

Total

HOWLING ANALTIE

Ka

2

6.

Q

POLICE.

King Sing Francis Piggott: Your Lordships Alerander...... have not heard what I have borstý in Kent ... answer to Mr. Petter. Proceeding, Coun.

0

39

29

10.45-4.m.

--Association Football:

HONGKONG CLUB v. H.M.S. TAMAR.

<1

In playing this Hongkong Leagum match on Saturday on the Naval ground, both teams were looking for their fres loaguo win of the season, Team-

Hongkong Club.-C. 'G., Cope; A Hamilton, J, Staker: B. F. Long, W. B. Rigden, R. C.-Frown; N. L. Railion, F. C. Briggs, C. Edgecumbe, I. L. | Goldenberg, C, Willde,

H.X.S. Tamas-Heitzman :: Clementsy HoNeiso; Ware, Adams, Baird; Joner, Nichols Rawlins, Frost, Smith

Sir Francis Piggott said there was aed said his learned friend had remarked. HeLauran, b Edmonds motion by the defendant to dismiss this that this eoquired time to answer. E. Goceher, a Bradbury, b Edmonds.... 11 field play Frost roosived the leather SOLIVES action se vexatious and frivolous, and an As a matter of fact, the question had A. Grimmitt, lbw b Ling DomNG the past few months since

abuse of the process at the Court. The bien fought by Counsel for the last fort. E. Bocker, not out...... The English Mail of the 2nd Novemother side had been approached, and Ls night. Nothing was new, and the af. D. Burlingham, W. Kent, A. Clark, W.

Fitt Vmcent, A. Alexander, - Canton was in a state bordering ones-delivered in Indog-en-the-goth thought they were willing that the ques-dexit which should have been filed in B King did not hat. anarchy, affairs in that city appear to

tion should be decided by the Court. rely to that led hr Mr. Find could have been proceeding in such the

Mr. Potter: Not now. We won't con- have been prepared in a couple of hours.

with this apport. sest to the hearing of the second motion As a matter of fact, there was a motion fied on Saterday to dismiss the action. The other side chose to say the procedura was wrong, and would not anewer Mr. Find's affidavit. The procedure, he sub- mitted, was not wroug,

haiz.etore pen to-day, to morrow' and

the same way that they might reason- In ord to knit Lhe convenience of ably have been expected to proceed the public during the Christmas season, that is to say, that while the older William Puroil Ltd. are keeping “even chear" has, naturally not yet Wednesday until 6 p.m. made its appearance, the city long since assumed its wonted active appearance and basiness is evidently

s

A Chinese traveller living at 104 Connaught Pred Central has informed the

Sir Francis Piggott Then I will make amat application. Thers is a motion to dismiss the netion" as frivdous and veraticus ask and abuse of the process of the Court. That motion is the mora important of the two.

The Chief Justice-You are now apply police of the theft from his house of ing that the other motion should be heard,

The Chief Justice said he was not governed so much by the question of

Ling.

Edmonds

Extras

Tobal

BOWLING. ANALTRIE.

M..

5.% D 28

Referee, Mr. F Wrights are f The Club went off with la. burst bui nothing resuited, and after a little mid-

80 yards out and struck the upright. Things looked omtroos for the Club dur ing the mosuing scramble until affaide relievet the situation. Wilkie, and Goldenberg were in the otanë, fine forma which they showed against", th3 RE.'2 ... 6 a fortnight go, and gave the sailors? ̈`*

an anxious time. Rawlios and From ware likewise in fine fettle and... It was 1 good for the Club to have such sturdy backs as Hamilton and Stalker, hử thay gave nothing away. Floss sens noTORS, S fing contre, and R. C. Brows dashed across inte goal and soozed Cope nok having any chance of saving. I was rough on the Club that the Ant goal, cie of their side should score in a league

but they bundled in, and Briggs gara a. brainy pass to Railton who, as ouston, 1ary, shot a fow yaada to the right of the 1 goal. Long was working like a Trojan 8 but was a bit erratio. Some of hát Pace reached the forwards but Elgey

HONGKONG e. CRAIGENGOWER. Played on the Hongkong 0.0. ground

their not being able to file a reply, as on Baturday. Scores :—

by the general principle of letting in on

BOFOKONG.

in a normal condition, From these jewellery upon which he pinces a valuo of with the appella Stand which did not arise on the appeal as allà.0. E. Elborough, < Hancock, b Tayler, match should, bo for an opposing team

| indications, however, it would not be 8200, and 215 in money. The theft

sale to deduce thot all is well with occurred on Saturday morning. Kwangtung's capital, much as one

་ །

A Dramatic Reading of Dicka s'

Sir Francia Figgott said he was,

...

E

an appeal a perfectly distinssiter T. E. Pearce, ren out

S. 8. Moore, and b Taylor for this roowon thermotion to dismiss Sir Francia Piggott referred the Court R. Kennedy, Braga, b Hancock the action was the mord-foportant of the to section 242, of the Code, which stated O. C. Clarke, o face, Hancock a two. As a matter of fact, he argumente that interlocutory applications might be. Gace, b Bancook............ *** might wish that such were the case. Christions Carol will be given free to-night came into the argument at a certain summons in Chambers.

in Court be by Dr. G. E. Aubrey, o Carvalho, b Taylar merged, and the argument on the appool made either

R. P. Thunfield, o Hancock, b.Tayler... Judging by the aspect of affairs as at 9p.m. by the Ruv: C. R. Hickling in point. His view was that the second

F. K. Brownrigg, b Hancock The Puiane Jodge: Would you have a D. E. Donnelly, run out revealed in the local native news in the Reading Room of the Y.M.C, motium onvered the whole ground. It right to two Judges

P. H. Cobb, act out. papers, it is clear that since General Alexandra Building. All who wish to be comod to him that it would be con Sir Francis Piggott: I have not as a Lung took over the reins of office as present (ladies and gentlemen) will be wel venient if the two questions were heard right, But that is the application which Governor that his duties have not

together. I would certainly sate ex- I make, that it should be heard by the peme, it would save two separate ap- Full Court sitting in its original juris Admiral von Spee, Commander-in-cations, and it would save going over diction been performed amidst surroundings of unalloyed bliss. In fact, it is only Chiaof the Gensan qusdon in Chatta sama ground twice.

landed at Cake Piar on Saturday morning

The Chint Justics: Do you say we

too obvious that he has met with not

a little though, so far hidden, op- position—in many quarters and that,

in consequence, he has bad to

retaliate in no uncertain

marrer.

comed.

Extra

Tota

BOWLING -ANALYNH.

E. Taylor...

8

Sir Francie Piggers said there was a

L. Braga, b Cabb Pestonji, b Donnelly...

CLAMENGOWER.

and was officiality recaivad. A guard of appeal to upses my decision on the quesdiction at the some time?

The Chief Justice: On the motion of van sit in appellate and original juris... Hancock ... 9. honour with inni and colour was furnished tion of coustenation of the Ordinance,

by the Duke of Comwall's Light Infantry does any other question priso?

tt.. A. Carralbo b Donnellys

H. B. Tayler, and b Cobb...

B. Basse Doznally, bobb...

LA Rose, Kennedy, b Done!

G, A. Hancock, ib...b Cobb, G. 2, Donally

no care. Davierwafin, Elborough, bD

technical objection, but that could be Captain Connolly, A.D.C. to HLE the Sir Francis Piggott said the two things met by the Court first ribbing in original Hon. Mr. Cland Seram and Major R. 8. covered the same ground. The paint ha jurisdiction, ther retiring, reburning into Stewart, representing H.E. Major General was gang to raise in the appoal was that Court and sitting in appellate jurisdic. F. 3. Tata, c. Moors, is Donnet We trust that this and this alone in Kelly, Commander of the Forces, were of Ordinance No. 1 of 1801 was only an fit the cause of certain harsh measure on Blake Pier to receive the distinguished application of the principles laid down in The Chied Justion. You may bo oneAD. Nogia, pot out which have of late been referred to in met pase, H.E Mr. Claud Severn the action was also based on Logan's Sir Francis Piggott. I sho

visitor. Admired von Spee called at Govern- Logan's case, An application to dienuta costut on the appealf">AIRE the native papers. One corresponsabusquently returning the visit on the dent recently informed us that an Scharnhorst, the Admiral's flagship. apt description of what was taking place at present or, at least, gait recently would be to designate it as "A reign of blood." This indictment was based upon the fact that several accused persons had in a single day recently been meted out what would

SOCIAL AND PERSONAL

Mr. and Mimi Bona, Mrs. Biriter and Mrs. Pierpoint were passengers by the an the Const Foris. "Hafgang," which arrived yesterday, from

appear to our eyes is very severe Colonal EH Hamilton, who com

case, and it was Infusible to save the to roat my cass corly on the appeal two, If, że w put, to his dection, be Stryposing in sepesi is decided before would take themption final,, because it thy motion, then 3 should have res Becoded with the medico, the sp judicate with regard to the realyould and he proceeded with

"The "Chief Justio ; id you (auboned in the appeal, there is an end of

for the question of fill

the-ciffin," hour, and hate the shadow of his

* Not altogether replied Bir Francis Piggott, Procoxing, he said he did not brea think the appeal was-pruncient to cover the Court refred the whole of the base. There were at rawach. least three importent grounds. why The | case should be dismissed. The first was

sentences even for such serious crimes unded the Ist, Ba. Yorkshire Light thao ló was vernblow within the meaning

Infantry Hongkong for some, time, 1. of Logan's canó, a case which, urplainer

Adjatant the Indierend jumadiction of the Court neral on the Staff of the Eastern Com dismiss frivolcks and, amest

with which they were char Three women, found guilty of bein INgaged in the traffic

mmunition, were ordered to bo'sh and severni men, för more or less serinag rimes, also met with

"Hongkong

Cobb

Total HOWING.

0

D

cumbe never showed the form hạ hàn 10 displayed of lah Adama - "always" - had. him wek in hand and this kert the other 54 | forwards from giving of their best, Tor

interval soort vená Š

CIVIL SERVICE C. C. 1. Bert 2ND-

DIPARTION= Che Uivil Berrion wou tule matek. Anday 13 rue and bird wiek eta tr

MEAT AND DEFANZMOD

b Beed

Bird a

b Severn

Ano

M.B. Tamar

Hongkong Glob

The 'second haid won, well,

but goals would not cons was in exockent form little cane pas they sallorsTM were attacking,

nother few centre and miserable attempt to now other had hard Hinos 7 Wilke, niter a nieg Goldenberg, pus acros Beilton, kerbia, Cool; materialized. Front *marry" time low with the,

Fenos bad one, skok Helleman o

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