1924-10-21 — Page 8

One Solid Week

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Standard of the World

CORRESPONDENCE.

CHINESE CLUB SWEEP.

THE CHINA MAIL.

[To the Editor of the China Mail]

6.After a longthy and exhaus GOLFER'S ENTERTAINED. tive enquiry by the Arbitrators, hold at the Club's premises, in which, proceedings Counsel, in- structed by Solicitore, appeared for both parties, the Arbitrators, by

THE "GET TOGETHER STUFF.”

HONGKONG AND MANILA,

1

The remark aptly conveyed the spirit in which the golfers gather-

TUESDAY, OCTOBER 21, 1924.

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Juunimous award dated: the 6th Sir,With reference to Mr. July, 1923, found and awarded that

It didn't make such a lot of Brutton's letter, relating to the Chik was the owner of the ticket, difference who won or lost, it was above, which you published, I am and that Mrs. Chan never was the "get together stuff which matter- directed by my Committee to lay owner of the ticket, und in view of ed. This extract taken from the before you shortly the circum the Arbitrators findings the coa speech of the President of the stances of the matter so far as the tingeney that the ticket might Manila Golf Club on the occasion Chinese Club is concerned, not be thereafter be produced by Mrs. of the dinner given at the Hong- cause the Committee agree that "it Chan became irrelevant to the kong Hotel roof garden last night is generally bellevel that the Chinese Club har paid to Mrs. question as to the true ownership of in honour of the visitors was not sach ticket as found by the Award. spoken with the intention of Violot Chan, the owner of ticket 7It is true that the Club detracting in any way from the No. 03068 in the Chinese Chub should not, and would not, be achievement of the Hongkong Sweep of the Hongkong Derby, bound by the Award but it would not players to which the speaker paid 1999, the value of the first prize doubt give the Award of the Arbitra- tribute but was an acknowledg (for the Committee ure satisfied for its most weighty consideration ment of the comradeship which that there is on such general, then the Club comes to consider WAs felt between the two teams. belief), hit Beenuse of the implica the question of payment after the tion contained in the last par Award has been made." and as the graph of Mr. Brutton's letter, that Club saw no reason for differing The Chinese Club unfairly and in from the conclusion arrived at by property, and in breach of honour, the Arbitrators which, by agree withheld payment from Mrs. Chan, ment, was in fact to decide the Such implication is unfair and rival claims, the only honourable wjust.

and possible attitude or the Club to 2-16 will be recalled that after take up after the Award was to the race had been run and wou on uke the payment to the claimant the 1st March, 1923, two rival ko found to be the true owner, and claimants appeared for the winning accordingly the fall amount of the ticket, viz., Mrs. Chan and Chik prize was paid to Mr. Chik on or Song-ling.

Fabout the ith October, 1923. 3-Now, according to the conili- ! A-Strictures were passed by The toast of The King having tions under which the tickets were Mr. Bratton on the form of the bean duly honoured the chairman sold, where an owner of a ticket guarantee given, it being charac called upon Mr. A. B. Stewart, the Jones his ticket he must, prior to the terized as a worthless docu-captain of the Hongkong team, to date of the drawing, report such ment, for in the way in which it is propose the health of the Manila lose to the Club, and if sich pre- framed it imposes no liability on president and the members of the viously declared lost ticket draw's a. the guarantors," who agreed only team, and the Manila Club.

ize, and if no other person eches; to reimburse the Club' if the Club forward to claim such a prize he by law compelled to pay the within six months, then such owner $0.00 to some other persen," but who reported the loss before the, it will huve heen seen that: drawing could receive the prize

alter a thorough investigation by the Club, and on an 'adequate guur- untee. But even in this enselpay- ment by the Club is a gratia, Since the loss of the-ticket 3086!

was reported, not prior to the drawing but subsequent to the race, and since in fact no one pro- duced the ticket within six months from the drawing, the Club, neder the conditions, was uniter, no lability to pay anyone at all.

4-Now to act in accordance with its strict fegal rights by with holding payment altogether was! obviously and naturally distasteful to the Club, and the Club therefore felt that the only fair way of solving the problem was to pay the VERSKVERKARLIESTEREN | Money to the one of the two clain-

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ents who should inter se be proved to have a better claim. And as the then Solicitors for both, sluipants desired the rival claims to be re- ferred to an Arbitration by Arbitra fors to be appoined by the Club, the Club's Solicitors on March 23rd, 1928, wrote to the Solicitors for both claimants, inter alia, as follows:

་

occupied the chair and the players The Club captain, Mr. J. B. Ross,

of both ports were seated alternate- ty on either hand of him. An excellent dinner was served and afterwards there were speeches humorous land serious and songs and violin solos that won merited applause.

Captain's Welcome,

Mr. Stewart expressed the great · pleasure it gave him to do so. He felt he was only voicing the senti-. In view of the Arbitratersments, he said, of all the members finding the contingency of of the Hongkong Club in re the subsequent production of marking on the pleasure it gave! the ticket as affecting the them to see the Manila team again. ownership of such ticket as (Applause). The visiting team, found by the Arbitrators, whichever it was, was up against could not arise.

it. They had found that out when they went to Manila. Perhaps it was the change of climate, per haps of course, or perhaps of to be the owner by the drinks. (Laughter). He thought

was in tribunal chosen by them the Hongkong course

(b) The Club having paid away the prize to one of the two elimants, who was declared

사

the lines

selves and by whose decision pretty good condition but the wind both claimants agreed to be on the second day was decidedly bound, has discharged the troublesome." whole of its obligations, Mr. Stewart also paid a tribute whether legal, moral, oras a to the sportsmanship of the Manila matter of honour.

players in refraining from the use (e) The rules do not provide for of steel shafted clubs although the ciremstances of this Hongkong had agreed to their use case their reference to a as it would be giving the visitors guarantee has no applicabi- very short notice. lity the guarantee in fact At the conclusion of his speech obtained was merely by way Mr. Stewart prestated to each of ex abundante cautela in Manila member a allver cup as a order to protect the Club souvenir of their visit and the from any conceivable, but company stood while The Star tlien unforeseeable, con-Spangled Banner" was played. tingency of legal liability. After replying on 9.-In view of the circumstances Indicated above,. Mr. R. W. above narrated, it is difficult for the Spofford, the President of the Committee to appreciate how Mr. Manila Golf Club prezented_to flag "With reference to your inter- Britton or anyone else can possibly Hongkong the handsome view with our Mr. M. K. Lo in conceive that Mrs, Chan has any which was won from Manila in the course of which we were right or claim whatsoever, for the 1922, together with copies of an given to understand that you as payment of the prize as the owner aerial photograph of the Manila, well as the Solicitors for the of the ticket No. 03066. It must course taken by Lt. Venaman, on other side] are not only willing, have been within the contemplation which was inset a picture of each but anxious, that our clients, the of hath claimants that, as between member of the Manila team, Chinese Club, should appoint themselves, the Arbitrators, and Arbitrators to inquire into the the Arbitrators only, could decide Later in the evening Mr. A. H. question is to the ownership of the question as to the true owner- Ferguson was called upon. In a the ticket No. 03066 as between ship of the ticket. And in this happy, speech he said he was only your client and [the client of the connection, the following quotation a grey and hoary old stager and Solicitors on the other side), we from a letter addressed by Messrs. he wanted to give a bit of advice are instructed to inform you that, feo. K. Hall Brulton & Co. to the to the Manila team. That was pro- the Club nt the request Club's Solicitors, dated the Sth paganda. (Laughter) Hongkong of the parties is prepared. May, 1023, makes interesting and had not better players than Manila to appoint Kart members illuminating reading:

-they merely talked them out of of the Club as are willing and as the parties shall agree to, to act as Arbitrators to inquire into the ownership of the ticket No. 03066 ns between the two pre- sent claimants, on the following. terms and conditions, viz.:

be

(1) That the Club will not

-bound to act according to the

Award of the Arbitratore,

(2) That the Chub reserves all

its rights and that the posi tion of the Club in law shall be deemed to be absolutely exactly the same as if no such Arbitration-had taken place.

We need scarcely add, that, entirely without prejudice to the above-reservation, the Glub-will- no doubt give, the award of the Arbitrators its most weighty con- sideration when the Club comes 10 consider the question of pay nient after, the award has been made."

"A Bit Of Advice.

"We have to-day received a winning. It was all a question of: letter from Mears. Luce and Rugs talk and I Manila could only enclosing copy of a letter of realise that, thay could heat Hong- to-day's date addressed to you in kong at their own game. If he the above matter by Meaars, Lee said 'I don't think you can hole and Russ. We wish to place on that putt' then the man didn't and record at once, that we do not he then went to his own ball and agree with Messrs. Lee and said. I think this is going down' and it went down. (Laughter).

· Russ' suggestion that there is no necessity for the Arbitration by But it didn't do to always talk. He once let his man talk and talk him- the Chinese Club, and we have srif tired so that he couldn't play a to-day an informed Mr. Russ on shot. (Laughter) the fclephone and are writing

But more seriously and with all him a letter to the same effect. respect they had had great pleasure The libel action cannot deride in playing the Manila team. The the ownership of the ticket. The hospitality they had received in parties being Sydney Ng Quinn Manila the previous year was some- de plaintiff aut Chik Sung-ling thing to remember. It was not so as defendant. It cannot there- much the game of golf as the good- føre nå between Chik Sung-ling fellowships that these interports

and Mrs. Violet Chan decide who fostered. (Applause).

is the owner of the ticket, where-

Later on Col. Nicholls, the ng the Arbitration will decide Manila reserve player, was insis this,"

tently called for. He said he had

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10. Your readers therefore can- come up as reserve player, with no not be surprised that when Mr. Ng responsibilities. Ha caine to have on behalf of Mrs. Chan, by a letter a good time and the past three days 5.On the 16th May, 1923, an to the Chairman and Committee of had certainly been the best agreement was inade between the the Club, dated 20th September, time he had had for many years, claimants (a copy of which was 1994, formally applied for the pay. His experience here reminded him sent to the Club's Solicitors), inment of Mrs. Chan of the prize, the of a story which had do to with which, after reciting that disputes Club's Solicitors should reply that philosophy (Laughter). What the and differences had risen and were their clients do not admit that Manila team needed to Hongkong still subsisting between the parties Mrs. Chan has any right to claim was a little philosophy (Laughter), thereto as to the ownership of the payment of the sum of $50,400, the He then told the story concemiaz ticket, and after reciting that the first prize in the Sweep," nor that giving and taking away," a story parties thereto bad agreed to refer when Mre: Chau, Mr. Ng and Mr. of Fifth Avenue which is surely the question of the ownership of Brutton in the face of such current in the Colony by now. HTHE Second Biannual Race will such ticket to arbitration, it was intimation--attended at the Club, had been given a good time... and take place tomorrow. Wedges- formally agreed between the parties the Club's Solicitor should state now it was taken away. Loud day afternoon, commencing at 4pm. inter alia, that the question as to that the Club could make no pa Those who contributed to a very

Jaughter) the ownership of the ticket, and ment to Mrs. Chan.Yours faith- any other question or questions, in-fully, cidental thereto which might require to be decided; were thereby referred to the award and', findl decision of the five named arbitra- tora, (members of the Chinese Club). The agreement provided that neither of the parties should bring or prosecute any action. against the other or against the arbitrators in respect of the inatters vin difference, or in respect of the said award to be made in pursuanco of such submission.

FUNG MAN SU,

Hon. Secretary, By Order of the Committee. Hongkong, October 20,

Obamberlain's Pain Balm D

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entertaining musical programme were, Dr. Mackay, Mr. G. H. Fiercy Mr. O. Eager and Mr H. B. Dowbiggin.

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A launch will leave Blake, Pier at 3 pm. for the use of anyone wishing to be presenta punktar

ROYAL HONGKONG YACHT-

Hongkong, 21st October, 1924

CLUB.

FOR SALE.

FOR SALE -Kellett Manor being

No:-185-The Panić - Pomeniko next May. H. Percy SmithNË. I Des Voeux Road Central

ALICE MEMORIAL

HOSPITAL

The Hon. Treasurer of the Alice Memorial and Affiliated Hospitals begs to acknowledge with thanks the following donations to the funda of the Hospitals:- Mr. Cheung Sum Woo

卵

Cheng Wing

Clan Harr

Chau Ting Sang

$100.00

100.00

· 10000

+

100,00

Li Yik Mui

100,00

Au Long Hin

100.00

Leung Yan Po

100.00

Ho Pit Shan

100.00

Kwok Chun

50.00

50.00

Choy Yat Ho

50.00

Choy Wei Yau“

5000

Total

1,000.00

Lau Tak Po

The above Donations wars kindly by The Hoa Ho Chi