1923-07-25 — Page 6

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WEDNESDAY JULY 25, 1923

INDEMNITY WRIGGLE?

right to begin with a "petition of right" and enabled theni to sue for money had and received. In the

SHIPOWNERS' WAR CLAIMS.alternative they claimed compensa=|

GOVERNMENT KEEP PROFITS.

LOCAL ACTIONS WASHED OUT..

The three-year old action brought by several local shipping companies against the Hongkong Government for the recovery of profits of steamers requisitioned during the war was finally dis- posed of this morning when the Chief Justice (Sir William Rees K.G.) ordered that the whole of the actions should be stayed.

tion.

The Chief Justice pointed out that the substance of the plaintiff's statement of claim was not a peti- tion of right but an action for recovery.

PAYING HER DEBTS.

P

BRITAIN'S SPLENDID

EXAMPLE.

GOVERNMENT ECONOMIES,

THE CHINA MAIL.

LONDON, July 24.

na

Britain's

ISLANDS DISAPPEAR.

[P: & O; STEAMER'S STRAÑOE| DISCOVERY.

TO-DAY'S ADVERTISEMENTS.

-G.

5

AYRE'S

DAVIS'S

.

SLAZENGER'S

SPALDING'S

torm of 75 year, with the option of

be the Burveyor of His Majesty the

While the P. & O, Company?a 'steamer ·Mulwa' wad on her run down to Singapore from Hongkong)

PUBLIC AUCTION. | (Reuter's Service to the China Mail) | she passed in the vicinity where two! Mr. Alabaster said it was in the

volcanic islands were recently form.

PARTICULARS and Conditions of the letting by Public Auction Bale, to nature of a petition of right. They

ed in the China Sen, off the coust. bo beld on MONDAY, the 30th day had nut alleged the taking to be

of Indo-China. It will be recalled, of July, 1928 at 3 p.m., at the wrongful. They had stated that the

In a speech at the Bankers' din-ys the Straits Times, that ab Order of His Excellancy the Governor Offices of the Public Works Department, Crown made profits, sued for ner, the Premier, Mr. Stanley Jamnese vessel first reported the of One Lot of CROWN LAND at Shauki over $2,000,000 representing the for compensation, since compensa-achievement in restoring her presence of the islands and, in fact, I wan in the Colony of Hongkong, for

money had and received and asked Baldwin, dwelt tion was payable even if the taking finances. The floating debt had right to Singapore several excel- was right. A special Indemnity been reduced from £1,500,000,000 to photograph of the unique renewal at a Crown Rent to be Exed Ordinance had however, been pass- £800,000,000. All our foreign debts phenome, chewing faces and King, for one further term of 15 years. ed to take away these rights from had been paid, except the American clots of smoke rising into the plaintiff's.

one. Government officials nun- the or from an almost maruffled sen bered only ten per cent, above the followed, by the appearance of land. pre-war figure, despite the creation Subsequendy, H.M.S. "Troquois of new departments.

proceeded to the vicinity to investi- Continuing, Mr. Baldwin said gute and the Officer Commanding, that Britain had just made an offer reported time presence of two vol to the Allies-proposing the first canicistants, the first in latitude 10 steps towards a settlement con- deg. N. at longitude 100 deg. E. ceived in such a spirit that he hoped and the second, a foot high, in lati- ! for ultimate success. He would tude i deg. N, and longitude 109 leave nothing undone to achieve. I was also discovered there was

In shot in close proximity with 12)

fathom over it.

Altogether there were ten

the

-$.5.

actions and in each case Attorney General figured as the nominal defendant. The compan- ies and ships concerned and the individual profits claimed were: Wollowm 5:5 Coy.. "Woflowra," $596,672.34 Un Man Chuen SS Coy, S. "Lienshing," $215,080.62; Luen Hing S.S. Coy., s.s. "Pheumpenh," $172,916.31; Eric Moller, s.s." Castlefield," $97.755.48; Douglas s.s. Coy, s.s. "Haikong." "Haitan," $215,000.62, $247,886.90; Brisbane s.s. Coy, 5.5. "Brisbane," $147.787-47; Eric Moller, "Manapouri." $277.979.66; Lai Hing s.s. Coy., "Telemachus," $171,625.30: Po Shup s.s. Coy.,

'Hai Mun," $74,606.78,

5.S.

Appearing on behalf of the Crown, Mr. F. C. Jenkin said the defendant was applying that the actions be stayed on the grounds; that by Section 3 of the Indemnity Ordinance

they declared

discharged and made null and void. The actions were concerned with the requisition during the war period of certain vessels under the

1922

he

were

The Chief Justice: Of course t have nothing to do with that.

Difference from Home Act. Mr. Alabaster. As far as these proceedings are concerned the Indemnity Ordinance is not based on the Home Act. It contains certain provisions introduced for the sole purpose of getting rid of these actions, Your Lordship will see by comparing Section 3 of the local' Ordinance with Secton 1 of the Home Act that not only does it protect Government servants from torts pending but also in- cludes these words: or for the recovery of any sum of money which was acquired by Government of the Colony of Hongkong in respect of any act matter or thing". These words do not appear in the Home Act. "Getting Rid of the Actions."

the

settlement. -

FOREIGN POLICY.

CONSULTING THE DOMINIONS.

AUSTRALIA'S SUGGESTION.

When the Malwa" passed in the neighbourhood a few iys ago it was Hound that the islands bad dia- jappeared and that only ruffled shoal | water WRA to be seen. The

atler was reported to the Master!

T

FARTICULARS OF THE LOT

Shaukiwan Talapd

1.West of Bluakiwan

Shing On Street.

Registry Ne

Locality.

Boundary Xeemres

ments

labrent]

As per vale plan. 5,TID 24

FOR SALE.

OL'S

Attentant as soon as the steamer FOR SALE:-Bed, Dining and reached this post.

Sitting Room furniture. Owner

A wireless message at the Master Leaving Colony-Apply Box No. Attendant's office received from the 1440, c/o "China Mall." MELBOURNE, July 24.

wuster of the Tanda" states:-- In the House of Representatives, "Steamer Tandia" pussed at 3.30 the Prime Minister, Mr. S. M. p., 14th in the vicinity of the new Bruce, explaining the Govern island which was foamed recently ment's policy with regard to the in 1. 10.10 N., Long 100.08.201 Imperial Conference, urged that This island has now disappear- the Dominions should be allowedd. Breakers were observed over to endorse British foreign policy the above position and volcanic before it became Empire policy.uctivity is apparently, making place The question of allowing the Dominions to make treaties on their

there. own behalf must be considered.

It was apprehended, continued Mr. Alabaster, that the Home Act would not have protected the Crown in this case because the plaintiffs were not sueing in tort, The statement of claim was filed on December 5, 1919 and the Ordi- directions of the Imperial Governance was not passed until August 1922. He submitted that so far went and the plaintiff's in cachas this application was concerned Case were claiming payment to the Ordinance was not a general them of certain large sums of Ordinance but a very special money declared by them to be profits made by the Hongkong possible way of ten actions to reason to get rid in the only Government as the user of these which, be submitted, there could ships.. These actions were all ia have been no possibility of de-time had arrived to. put Empire stituted before the commencement fence. In any event no defence trade on a reciprocity basis. of the Indemnity Ordinance and

was filed and the statement of came therefore within this Section 13 for all purposes and the neces- sary certificate by the Colonial Secretary required by that Section was, Mr. Jenkin submitted, suffi- cient evidence for the making of the order asked for...

clain was filed forthree years.

The Chief Justice he

tribute towards an Empire naval Australia was prepared to con-

depend entirely on a central unit. unit, but would not consent to

Mr. Bruce contended that the

he understood it was not disputed INDIAN by the Crown' that the Ordinance was not passed for any action but to prevent claims that might he made.

Mr. Jenkin said it was not the case that the Ordinance was passed these specific actions. for the specific reason to prevent

RELIGIOUS RIOT.

TROOPS RESTORE ORDER.

AJAMERE, July 24.

BURGLARS BUSY.

QUARRY BAY HOUSE

ROBRED.

A new house, mut yet mumbered. Jat Qury Bay, occupied by a No.

form of the Taikoo Sugar Refin ery was entered by ty rubbers night. The alarm was raised by the Jared with revolvers at 7.00) last foreum's daughter bait the robbers After mentioning that the

had all the people in the house . Attorney General respectfully

Afracas between Hindus and covered. After bjuling and gigging in which costs should be award submitted that this was was a fast

Mohammedans resulted in five besthem, the rubbers Funched the ing killed and several injured, House and left with loof to the valua ed to the plaintiff's, Mr. Jenkin went on to state that the Indemnity Alabaster said it

Concluding his address, Mr. The riotera severely handled the lof $637,

was clearly a police" The intervention of the Ordinance was hased in the mala

case in which costs should betroups restored order. upon the Home legislation of a given to the plaintiffs because the similar kind. For technical reasons Government had moneys belong the Imperial Government did going to the plaintiffs and had filed exercise its power to apply its no pefence whatever to the actions, Indemnity Act of 1920 to the Crown For these reasons, since they were Colonies but directed the latter to submitting force majeure and not pass their own lademnity Ordia willingly, they asked for costs of ances. The Indemnity Ordinance on which this application was based was the direct result of instructions from His Majesty's government with a view to placing these par-

the actions.

very

[Ajmere is a town in Rajpalna, British India, with a population of 86,000. Ajnere sufered severely during the famine of 1899-1900 mere than a fourth of the people receiving relief.]

Mr. Jenkin remarked that Mr. STILL FURTHER DOWN. Alabaster had said there could he no possible defence to the claim as originally filed. He did not intend

LONDON, July 25. Marks have depreciated

ticular owners on the same plane, any way to discuss the pos as far as compensation was con- cerned, as owners of ships in other sibility of the claim or the pos 2,200,200. parts of His majesty's dominions, sibility of a neritorious defence but a statement which had for some time been promised on the merits and demerits of the case would be published once the order made.

It was therefore not a piece of legislation peculiar to this Colany por was it the child of the Legisla tive Council.

we ure

com❤

was

were

Mr. Alabaster's Address.

Chief Justice's Decision. Mr. C. G. Alabaster K.C., said that the ten plaintiffs had instruct Announcing his decision to make ed him to say that they did not in an order discharging each of the any way assent to the discharge of actions with costs to the plaintiffs, these actions nor to the deprivation the Chief Justice said the Court of what they considered to be their was asked to discharge the actions rights. "But

on the ground that they pelled," proceeded counsel, no longer maintainable by virtue submit to the force majeure of the Indemnity Ordinance 1922.

Ordinance

The Court was not concerned with which, can see, was passed the merits of that Ordinance or as for one reason, and one reason only, and that was to deprive these ten plaintiffs of their rights and to denrive none else."

"to

1

an

far as we

Was

were

War

SO

A CHIHLI SPLIT.

TO-DAY'S ADVERTISEMENTS

HONGKONG BOY SCOUTS ASSOCIATION..

A TRAINING CAMP for Scout Officers and any who would like to take this opportunity of learning first hand of the Policy, Aims, and to Methods of the Bay Scout Movement,

WANG JU-CHEN SHOWING INDEPENDENCE.

PERING, July 24. Divisions among the Chilli furces are indicated by General Wang Juschen, Commander of the

stationed Eighth Division Ichang, who was ordered by General Wu Pei-fu. to proceed to

at

NOTICE TO CONSIGNEES.

AMERICAN & MANCHURIAN LINE.

From NEW YORK.

THE Steamship

THE

"CITY OF MADRAS" baving arrived, Consigners of Cargo by her are informed that all Goods are being banded at their risk into the hazardous andjor extra hazardous Godowns of Hotf's Wharf whence delivery may be obtained.

No Claims will be admitted after tho Goods have left the Godowns, and all Goods remaining undelivered after the 31st July, 1923, will be subject to rent.

be presented to the Undersigned on or All Claims against the steamer must before 7th August, 1923, or they will not be recognised.

All broken, chafed and damaged Goods are to be left in the Godowns where they will be examined on any Taesdays or Fridays, hetween the hours of 10.45 a.m. and Noon, within the free storage period of one week.

No Fire Insurance has been offected. Bills of Lading will be countersigned by

THE BANK LINE, LIMITED.

Generul Agents. flongkong, July 25, 1923.

A PRODUCTION OF VIVID BRILLIANCE

will be held, weather permitting. GOOD WOMEN

August 3-6 at Pinewood Battery. Hatton Road. Applications for joining the Camp for whole or part time should be sent not later than MONDAY next July 30 to the Rev. G T Waldegrave, Seamen's Institute. A moderate fee to cover expenses will be charged, the amount depending on the number attending.

A: WHITE,

Hon. Sec. H.K.B.S.A. Hongkong, July 25, 1923.

HONGKONG LAWN TENNIS" ASSOCIATION.

to the causes which caused it to be Chungking to assist Yang Sen, passed, the only question being replying that he was unable to do THE SHIELDS will be presented to whether it terminated these pro- so on account of a fack pf-trans- the Winners in the "A" and "B" ceedings. In regard to the generalportation.

Division of the League by Mrs Grace.

In response, Tsao Kun had him appointed Commander of the Upper Yangstze.

HOTEL DEVELOPMENT.

JOHN C. FLETCHER.

Hop. Secretary,

- Zongkong, July 25, 1923

SECRETARIES OF CLUBS AND

OTHER INSTITUTIONS.

ALL preliminary notices of forth

coming meetings, lectures and entertainments, sent for insertion in the news columns of the China Mail, are charged for at the fate of $1 each. (as announced in May and June of 1922) providing that they do not Occupy more than four lines. In future if this space in exceeded they will be placed in the advertising columna at the prevailing rates

The Indemnity Ordinance, ac observations made by the learned Three weeks ago, Wang Ju-chen at the Indian Recreation Club ground cording to Mr. Alabaster's conten-counsel for the plaintiff's the advised Marshal Tsab Kun that if on SATURDAY, 28th Exhibition tion, differed from the Home Act Chief Justice felt he was not he wished to become President heMatches Winners versus The Rest in a very essential particular. It called upon in any way to should abandon military action will be played commenting at 4 p.m.

customary, he pointed express any opinion. His against the South. out, during all

and duty was to construe the law as he times of stress for the executive and found it. The learned counsel for the servants of the executive to do the plaintiff's did not suppose it things in the national interest, or was possible on his part to resist

From milltary sources it is re- the supposed national interest, the effect of the Indemnity Ordin-ported that Yen Chih-tang, Com- which were not wholly justified by ance 1922; he said he was instruct mander of the Twentieth Division TO legal sanction. In these cases it ed not to assent to it but that he stationed at Tungkuan, will shortly was the custom to protect these could not oppose it by virtue of tlie be despatched to Szechuan to people who had acted in good provisions of a force majeure. reinforce Yang Sen-Courtesy faith from being sued for legal "That being so," concluded Daily-Bulletin. damages by passing an Act of the Chief Justice, “my duty is to Indemnity. But in this case the give effect to the terms of the plantifs in all these ten cases | Ördinance and order the actions to advised and believed] be stayed." Dealing with the that the act of requisition done to question of costs His Lordship sald their ships was not justified by any he agreed the Crown had adopted prerogative, Ordinance of Order- a very proper course submitting in-Council and was therefore tech that the Court should award the nically a "tort". against them costs of the action to the plaintiffs. However they did not bring their actions in tort and not one penny of damages for any act which they considered to be wrongful did they claim. The Government took these ships and used them and for the taking and for the user the plaintiffs had made ro claim but the Govern- ment made profits on the user of Hetty: Then rumour is lying. I these ships which were not spent shouldn't dream of marrying him. on the war or for any purpose con- He can't ride, can't shoot, can't nected with the war, which were drive a car, can't jazz, and, what's not spent at all for, siany years more, can't play tennis." after the war and which, for all he Stella"Yes, but he swims knew, Jnd not been spent get. jawfully well, you know." These profits the plaintiffs sought Hetty: "Yes, but would you recover under that portion want a husband that you had to live of the Code which gave them a with in an aquarium ?

to

FISHY, RATHER

Stella: Kumour has it that you're going to marry Jack."

"A RING ROUND THE.

ISLAND.".

In conversation with Mr. J. H. Taggart, Managing Director of the Hongkong Hotel Co. Ltd., a China Mail reporter gathered that wlien the Kalce Hotel Shanghai, passes in to the possession of the Hongkong Hotel Co. on November 15, it will be taken over as a going concern. Any plans that Mr. Taggart may have in mind are not far enough advanced to be made public. Now that the island is so well opened papir as regards motor roads, the China Mail-man' suggested that a ring of hotels might be contemplated. Mr. Taggart laughingly replied "things have not gone as far as that yet.

A ROBERTSON-COLE

SUPER-SPECIAL ·

ROSIMARY TIC did wa ARTHUR STUART HULL, «

IN WHIGH: THE MASTER DIRECTOR OF "KISMET":

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Tel. Contral 1328.

SAKURA BEER

THE

Alexandra Buildings. Tel. Central 468 & 467.

CHINA DISPENSARY

Y. C. Wong & Co., Ltd.

CHEMISTS AND DRUGGISTS.

Patent Medicines of every description sold. Prescriptions promptly and accurately dispensed.,

High class Perfumes and Toilet Articles. 83, QUEENS ROAD CENTRAL.

YE OLDE PRINTERIE, LTD.

COMMEROLAL PRINTERS, ACCOUNT BOUE MAKERS, Exc. 14 QUEEN'S ROAD, CENTRAL.

Tel. Central 3707.

V. C. LABRUM, Managing Director

THE ORIGINAL HAIG WHISKY

JOHN HAIG & Co., Ltd.

DISTILLERS, MARKINCH,

SCOTLAND.

Good Whisky should be old and thoroughly matured in wood. This is guaranteed by the above who are the Old- est Distillers Of Beatch Whisky In The World.

Ask for John, Baig Gold Label or Glenleven White Label,

SOLE AGENTS:-

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Tel. Central Mo..,190,

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