1921-07-06 — Page 5

WEDNESDAY JULY. 6, 1921.

CABLE À SIRI70) "MERCURI“ Tax BLOS

DONE B

-00.

LITE HAIN

MERCURY MOTOR CAR - 154

480. Kx Extras

MELY UNTE

59-81 Des Vorux Road Central,

HONGKONG.

Y. Z.

2. 80044 MATION 3

OPIUM ON STEAMERS.

MAIN MARCH #m

ELECSON Rock) 197

BANCE WEST POISTRADOR 136L WALK SHOF

Therefore there was nothing for him

THE CHINA MAIL.

SHIPPING COMPANIES'

LIABILITY.

FOR SMUGGLED GOODS.

Mak

INTERESTING TEST CASE.

The amount of liability resting ou shipping, companies in respect of dutiable goods smuggled on their ships ander false description was n point which cropped up in a case heard at the Magistracy yesterday before Mr. G. N. Orme.

Mr. N. L. Smith summoned the Ynet On S. S. Company for failing to report to the Imports and Exports Office the importation of tobacco.

The defence was that all reason-

ANSWERS TO

CORRESPONDENTS.-

TO-DAY'S ADVERTISEMENTS.

CHINESE LANGUAGE SCHOOL.

ONCE BIT, TWICE SAY."-The HONGKONG GENERAL CHAMBER fast of being” French; doesn't

OF COMMERCE. render a banking Institution <(that } basn't "bust) -open to such attacks. Your letter is illegal and inadmissible. RES RAR-Your letter goes in, out of pare good nature, and not because it get any forrader Certainly you are forgiven.

ZELAND.-Se you thought it in bed

taste? It was meant to taste bad to the blighter who earned it.

F. S-Too late for the China Meil.

We are not a quarterly, you know.

NEW LEGISLATIVE PRECAUTIONS- The Magistrate remarked that if

to do but to enter a technical pies able precautions were taken but that goods were found to be frequently j of guilty. As all reasonable precau TWO STEAMSHIP COMPANIES tions had been taken by the owners the cigarettes were consigned as joss shipped in bogus names new legisla.

FINED $1,000 ZACH

QUESTION OF RESPONSIBILITY.

ALTERATION OF ORDINANCE SOUGHT.

Fines of $1,000 were this morning imposed by Magistrate Orme on the Kwong Ming S. S. Co., and the Kwang- tang S. S. Co., respective owners of the s.5. "Taiming" and the ss.

"Leonkwong," both river steamers which they were charged with having allowed to be used for the transper tation of filicit opium,

The hearing of the charge in respect of the Taiming" was taken

first.

Mr. N. L. Smith said that the case was a very simple ere. The opium (2:22 taels raw and 25 tacls prepared, valued at $780) was found concealed in the dynamo casing under the draamo, where it was clear to the view of anyone looking for it,

Mr. G. K. Hall Bratton, who appeared for the Company, said that; he had to option but to plead guilty, because although he could prate that all precautions had been taken to prevent smuggling, it was im possible for him to prove that the crew had been implicated, as two Chi- / nese members had left the ship, and three others had been discharged. He would like to point out, however, that the dynamo casing was open to the free access of the passengers as well as the crew. This was a hard case in which the owners and officers of the ship were innocent yet were not in a position to call all the mem bers of the crew to say that they had not had anything to do with the opium.

THE SCHOOL CLOSES on FRIDAY, 8th July, and will re-open on MONDAY, 12th September, next,

By Order,

E, A. M. WILLIAMS, Secralaty.

Hongkong, July 5, 1991,

THE VICTORIA CAFE CO., LTD. (In Liquillation

j

Company are required, on

and officers, the only matter he was sticks and the packages had no indicative precautions would be necessary before the 25th day of July, 1921, to

concerned with was the question of tion that they contained tobacco: penal:y, which he submitted should be a nominal one.

a

Mr. Smith said that the spare bunker was empty excepting for the opium, which was covered over by board. He thought this bunker came ander the purview of the Chief Engineer.

The Magistrate; I is not open to that it seemed to him a statutory duty a.m. next day. "It is all very such notice, and notice is bereby given

the public?-No.

Then that disposes of the first point, and the only other one to be dealt with is whether or not due precautions were taken.

Chinese Revenue Officer No. 1 said that he boarded the ship at 72, on June 19 to search for opium. To enter the spare coal burker, which was between two others, he had to crawl through a man hole. There was about ball a ton of coal in the spare bunker, just enough to cover the floor of the bunker and the board under which the opium was concealed in three kerosene tins.

Mr. Lo: There was no coal. The witness: There was some. Mr. Lo: It has been mentioned that the bunker was empty.

Chief Preventive Oficer Watt said that there was no coal, but some coal dust.

was thrown on the defendants, and it was for them to discharge a certain onus to show that they took all reasonable precautions. If, through their own fault, they had not done that, he thought there would be a good case for conviction. He would like Mr. Lo therefore, to produce evidence to show that in shipping the goods the usual, or ordinary, precautions were taken.

THE Creditors of the above camed

Mr. Lo: I don't know that they end their names and addresses, and are bogus in this case. He urged particulars of their debts or chims, there was nothing about them to that the revenue authorities had ad- and the names and addresses of their arouse the suspicions of the shipping mitted that a letter addressed to the Solicitors (if any) to the undersigned, company.

The Magistrate had adjourned the consignee to be called for" was not the Liquidator of the said Company: case to consider whether the defend an usual way of despatching goods and forber if so required by notice in ants had a case to answer, and he row on this route, on which there was writing, perrocally or by their Solici informed Mr. H. K. Loffor the defence) great pressure because ships arrived tors or Representatives, to come in and at 8 pm and were away again at prove their said debis or chairs at arch time and place as shall be specified in well, said Mr. Lo, to sit here in that is default thereof, such Creditors philosophic cale and say You could will be excluded from the best have done this and that, but the any distribution before such debts are officers of a ship are often working proved against time. He submitted that there was no evidence of negligence July, 1921. on which the shipping company could be convicted; it would be to impose on shipping companies duties too onerous to be discharged and not im- posed, moreover, by the Ordinance. Tas Magistrate thought the pro- Ng Ki, compradore of the s.s.secution would probably suggest that Chun Chow." He said the charterers this was a bogus shipment and that of the steamer were the Yuet On was inconceivable that regular Company, who had been running this clients in the jose stick business, steamer since January 1st, this year, would ship cigarettes in this way. between Hongkong and Macao. The usual practice was for consignors to bring goods to the ship, and the ship's tallyman checked them and signed achit on which the consignor's book was chopped" by the com- pradore. A letter was usually sent with the goods, to be delivered to the

Mr. Lo then called

*

Mr. Lo: Qui'e. If there are two buckers one on each side of this space, which I shall prove is not a spare busker, one would expect to consignee. These goods were con find coal dust in it. It is no use the signed by a joss stick firm in Macao witress saying there was coal in it the Kwong Hing Cheong fairly

can't understand his attitude unless it is to help secure a conviction. The Magistrate: In any case, that point is not relative to the case.

I

Mr. F. P. Engelbrecht, Chief Eagi- neer of the "Leongkwong," said that the place where the opium was found

well known firm, and regular custom- es of the shipping company. As the company had no right to open the see how packages he could not the substitution of cigarettes for joss sticks could have been detected.

The witness: Yes.

UNRAVELLING THE MYSTERY.

Dated at Hongkong this 5th day of

E. PERCY SMITE,

Liquidator,

то,

TO LET.

"O LET.-LARGE GODOWN AT WANCHAL (known as Mody

Godown). Apply to LEE HAY SAN & Co., 202, Queen's Road Central.

PUBLIC AUCTIONS.

But it THE Undersigned have received in stractions to sell by Publis Ane-

3. Lo suggested that the Macao firm had been made use of by an unscrupulous shipper and that their employes had been bribed. is not my duty to unravel the xy-tion, stery," said Mr. Lo.

The Magistrate: You have to show that the goods were shipped in the ordinary way.

Mr. Lo: I have done that. The Magistrate: I am not able ts say that every possible person has been called but I do not feel that a case would absolutely lie against the shipping company; I am with you to that extent.

Mr. Smith thought that if the Kwong Hing Cheung was an honour- able firm it would have come to the Court and made some explanation, although not within the Magistrate's Have you been to see the con-jurisdiction. No doubt if the ship- signces?—Yes, we have seen them. They said a person had bought the He did not believe in the existence of What do they say about it 1-ping company was fined it would try to get the money out of the other firm. five cases of joss sticks from them.

Replying to the Magistrate, Mr. Brutton said that the dynamo was was not a spare bunker; it was Mr. N. L. Smith (Sapt. of Imports under the care of the Chief Engineer. what they called a "strum." The and Exports): Have you been to and while he could prove that this board over it could not be fixed as Macao since this summons was taken cfficer had taken all precautions, it it would hinder the operation of out? was useless as the Ordinance now pumping ship in case of bad weather. stood, to do so without producing all He had had 15 years experience on the crew. The casing was on the ships, including many large ones, and passenger deck, and there were three the construction of the "strums" means of access to it. The dynamo, was always similar to those on the of course, was used only at night to "Leongkwong." light the ship.

"We have many 'strums" on the His Worship said that he had ship" added the witness, "and ta inspected the casing and could not only thing we can do as a precation form any opinion with regard to the after this case is to put bars ever hollow in which the opium was con- them. But then they will have on board. cealed. He could not say if it was a be pulled off before the fault in construction or was there for ship can be pumped, and any particular purpose.

the vessel happens to Mr. Bratton said that the holowa rock, the time wasted in pulling was necessary so as to give the off the bars might cause the ship to wheel space in which to revolve. sink. After all, the safely of the

Mr. Smith said that he did not see ship comes first.” asy reason why the block should be removeable.

Mr. Bratton said that was for the purpose of cleaning out the dynamo. Mr. Smith: There is a grating of top of it. In a small ship like that I can't understand why the engineer could not take more care of the

to

be on

Then it was not they who were sending the goods-The purchaser engaged their coolies to carry them

Yes, but whose book was it you chopped"-The Kwong Hing Cheung's book.

Is that the usual thing, for the cus- tomer to take the stuff and to ship it on the seller's book 1-Brom in- Replying to Mr. Lo, the witness quiries I made, that was done in this said that he was satisfied that he had case.

singgung.

taken all precautions to prevent { What is the name of this cus- Addressing the Magistrate, Mr. Loomer" of the Kwong Hing Cheung's? said that he should not be particular-That I did not ask.

Mr. Smith also asked as to the con- what precautions were taken. What should concern him was whether or signees at Hongkong, who did not not the precautions that had been come to the ship to claim the goods The Magistrate Yes, a little more taken were reasonable. Be sub- after the police took possession. care and it could have been prevented. mitted that in this case it was the The witness could not say whether

dynamo.

and

the firm at all

..

Mr. Lo: I am surprised to hear that. It would not take very long to go over to Macao and prove it.

Mr. Smith: Your clients have had a fortnight to do i

SOMETHING WRONG."

The Magistrate; There is clearly something wrong somewhere. If the Kwong Hing Cheung is a reputable firm it could have attended heres

Mr. Lo: The Chinese are about the most hopeless people on earth in not coming forward to help another man. They always try to avoid getting involved in a case.

13

OX

THURSDAY July 7, 1921. commencing at 19 o'clock (nGGN), at No. 1-4 Daddell Street,

Quantity of Electric Fan Coils,

and afterwards

st their Bales Rooms, Daddell Street, 4,000 yards Canvas,

9 casks Ready Mixed White Paint, 2 caska Ready Mixed Green Paint,

15 rolls Triangular Wire Mesh,

3 cases Infant's Hosiery, Ass Needles.

Tereas : Cash on delivery.

LAMMERT BROS., Auctioneers.

*

· SATURDAY, July 9, 1991. commending at 11 am.

at their Sales Booms, Duddell Street, A Quantity of

Office and Household Furniture, (Full Particulars from Catalogus).

Also

1 Indian Motor Bicycle. Tarm-Cash on delivery.

LAM MERT BROS, Auction.cers.

Bosgkong, July 6, 1321

The Magistrate said, he did not TO SECRETARIES OF CLUBS AND think Mr. Lo quite realised the re- sponsibility of the shipping company.

Mr. Smith: I they had taken steps after the finding of the cigarettes

OTHER INSTITUTIONS.

ALL preliminary notices of forth- coming meetings, lectures and entertainments, sent log Insertion in the news columns of the Chise Mail, are charged for at the rate of $1 each, Mr. Lo: We cannot tell Mr.as announced in May and June of

referred to. He had not asked the fied. I offered, if they would give Macao firm about the consignee, us an address, to withdraw the sum-

because he thought they would not mons.

Mr. Bruttos: I can prove that all owners and officers' misfortune but the 'consignee was the "customer we should have been perfectly satis- possible care was takes by the not their fault that opium had been engineer, but unles can take a concealed in the "strum." He asked step further

prove that for a nominal fine. none of the crew was implicated,

The Magistrate said that there was what is the use? It is the question of the responsibility for

In reply to the Magistrate be said Smith something we don't know. last year) providing that they do not hard case in which the owners and the crew. officers are innecent but cannot prove

Mr. Lo said that in spite of the he was sure the book on which the

20ce.

know."

-

The Magistrate: I think you

it to the satisfaction of the Court agreement made out la Chinese by goods were shipped belonged to the conld have got more particulars from occupy more than four lines. In within the provisions of the Ordin- the Compradore and the security Kwong Hing Cheung; he recognised the Macao firm, but if you cannot, tutme if this space is exceeded they

abscond. his previous" chops" in it. required, people would

Mr. Lo said he would only call the we will deal with the case as it stands. will be placed in the advertising

It is in the nature of a test case, and colamins at the prevalling rates. ship's tallyman if the Magistrate it is important to get the point settled as to the amount of Bability resting

Mr. Smith said that this was not Smuggling was too tempting a trade such a fagrant case some to deter, say, a stoker.

as

smuggling so elaborate.

thical

nisation.

of the previous ones, and if the Mr. Smith said that be doubted desired it. Compacy would undertake to take that a stoker was responsible for The Magistrate remarked that it on a shipping company. If I settle BLAZON TYPE NOT NECESSARY more care in future, that was all he

was a curious case; he would rather it hurriedly it will be unsatisfactory. HAMBERLAIN'S Colic and Disch Remarking that he did zot think hear evidence from the consignors, I will adjourn the case to look up line to attract the pabdis eye. The was concerned. with. He did not

ces Remedy needs no gisting head. want to press for a heavy penalty, Mr. Lo suggested that a stoker was

legal authorities.brat

simpin statement that all chemista soi Mr. Brutton said that there was no responsible in this case, the Magis the Kwong Hing Cheung.

Mr. Lo said he could not produce Smith: I would like to re-ith sufficient, at every family koors doubt every possible precaution had trate imposed a fine of $1,000, been taken by the afficers and Mr. Lo said that be would welcome them; they were outside the jurisdicmind your Worship that the myte valas: It has been asod for forty, customer only aruse in year and is just what its name implin searchers. The latter were specially an opinion by the Magistrate on the tion of the Court.

For sale by all Chemists and Store keepers. paid to search the ship, and as it was point whether or not he considered The Magistrate said he know that. to their interest that the opium be reasonable precautions Lad been taken What he meant was that the Kwong found outside Hongkong, it was by the owners and officers in this Ring Cheung-a regular customer of reasonable to suppose that they did case. He said that it was merely the shipping company seemed to their best. Notwithstanding that the with a view to applying to the have put the latter in a difficulty and eplum was not detected.

Government for some alteration to The Magistrate imposed a fine of the Ordinance that he was making might or might not be willing to help

them out. $1,000.

the request.

The Magistrate said that he had The tallyman (who had been sent nos been convinced that every-mem-out of Court when the previote ber of the crew had taken full witness gave evidence) said the con- precautions Consequently be could signons were the Kwong Hing Cheang OWNERS OF “LEONGAWÒNG" CHARGED. give na opinion on the matter. If it and the man (referred to by the other would satisfy Mr. Lo, however, bewitness as the "customer" of the would say that the witnets he had Kwong Hmg Cheung) was known to heard had been a cautious as he him as a person connected with the Kwong Hing Cheung "If I wert thought posible.

in their shop I should recognise him" said the witness, but I don't k his name."

COAL BUNKER FIND.

Mr. M. K. Lo appeared for the Kwangtung S.S. Company, owners of the ss. Leangkwong," charged with 1 Maillar C

Mr. Smith - Bald that the opium L168 radis raw, valped at $936) was found in s'apare coal banker.

MAINE MISDOINGS.——

- Three boatwomen were fined at Mr. Lo aid that this, was one of the Marine Court to-day for being the usual cases where one or two of unlawfully alongside the sa“Gaiden the Chinese cranked dappeared, State, at a time when there were red coche deity, he could in prove already Eve boaté absonst of that the cow had not been implichted,/. vessel

Mr. Smith: Then it wm not customer of theirs who consign the goods

Witomes No, Finew the mat have often seen hin:,

BLUE

FUNNEL

LINE.

8. S

TEIRESIAS,"

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