1928-04-17 — Page 7

TUESDAY, APRIL 17, 1928.

MACAO OPIUM.

" (Continued from Page 1)

THE CHINA MAIL,

The Plaintiff further alleges in the printed letter of September that the Petition, including the 8, 1927, which accompanied each letter (hereafter referred to as set of documents, the Fung letter") came lato the hands of certain persons in Macao to the Defendant. The latter point-and Hong Kong and was published ed this out to the messenger, who to them; but different tonsidera replied that the Bank Compradore tions arise with regard to publica had told him to take the cheque totion in Macao and Hong Kong. The Macao Opium 'Farm and that? he had therefore brought it to. De- fendant's place of business.

Plaintiff's Case.

OPIUM TRAFFIC.

FULLER, DETAILS WANTED FROM FRANCE.

LIVELY DISCUSSION.

Shadows Before

S

COMING EVENTS ANNOUNCED IN THE "MAIL"

}

To-day-Queen's Theatre; "The Lady of the Harem."

As regards the publication to Mr. Cheong Chol it was alleged that the translation into Chinese was required for the use of a Chincac

To-day World Thentre; "Love's member of the Macao Legislative Council that publication to such

Blindness" `at. 6.15 and 9.20), member of the Council would have

· Genova, Yesterday,

Chinese Picture "Retaliation" (at heen privileged and that the in- The Petition and the Appendices troduction of Mr. Cheong Chol into two-hour discussion at this morn

There was a somewhat lively 2.30 and 7.15). On are in the English language; and the transaction was merely for the ing's sitting of the Opium Con-cuse Me

To-day-Stur Theatre; "Ex- sing further enquiries the Deo far as Hong Kong is concerned purpose of enabling the Defendant ference, with regard to the enor To-day- Speelal fendant learnt that a few days it would be presumed that any one to give effert to the privilege. alter the account was opened by who read the "Fung Letter" would the Yau Senk Company the. Com understand its meaning until the

I am of opinion that the evid- pradore was informed that the Yau contrary was proved. But In

adduced constrained me to Portu- hold that each publication proved Seng Company had obtained by Macao the vernacular Is

M. Bourgeois, in his reply, stated tender the Opium Monopoly in gese and the contrary presump was made on a privileged occasion, that fuller details could be furnish Marno from the Government of tion arises; and the Plaintiff must and that in the absenen of evi-1 that Colony (see correspondence show affirmatively that the person dence of express malice shown by marked "12," to "11.6.” 'in the Appendix to the Petition of De Tendant to the Livernor of Macao hereinafter mentioned).

"Quite Natural." Defendant also said that about August 12, 1627, a friend or hig, Pune Chung by name, who had be in the habit of contributing

Was

ence

Privileged Occlusions.

that but Counsel for the Plaintiff strong- there was publication in Macro toy pressed on me that there was certain persons; and 1 will deal ample evidence of express malice.

In the first place he argued that with them in three categories:-- (a) The Governor;

the phraseology of the Petition and

Concert, at mous quantities of opium Intro- Cheer 'O YM.C.A., at 7.46 pm. duced into France and the absenec April 19-21-Queen's Theatre; of full information in regard to its "The Gay Retreat."" utilisation,

15 soon as the Genen Opium

Columbia

RECORDS

The best New DANCE Records

The

YOU WENT AWAY

** Fox-Trok

119

4656

[WHEN I MET SALLY

4658

JUST LIKE A BUTTERFLY

April 19-21--World "A Man's Past."

Theatre;

MY BLUE HEAVEN ...

April 19-Dance,

April 19-21-Star Theatre; "The Honeymoon Express."

at Cheer '0 YM.C.A., at 7.30 p.m.

April 20-Quarry Bay Dance, at 7.30 p.m.

4668

[GENTLEMEN PREFER BLUES

ARE YOU HAPPY?....

**

***

4666

EVERY MORNING, NOON, AND NIGHT

4663

ÍA RED-ROOFED CHALET

SUNSET DOWN IN SOMERSET

... Fox-Trat.

Waits,

to whom a libel is delivered, read the Defendant against the Plaintin, Convention of 1925- was ratised. and understood its contents. the case of the Plaintiff must fail; He added that 60 per cent. of the

opium was used for medicinal pur The Plaintiff's case

poses, the remaining 40 per cent.

April 21- Cheer '0 Y.M.C.A. for the manufacture of morphine.

After hearing M. Bourgeois' ex-Social, at 7.30 p.m.

April 22-Music, at Cheer 'O planation, Count Sato noved the

April 22-Cheer 'O Dance at the Helena Mny Institute, at 8.30 p.m.

of

4b) Members the Legislative

Council of Macas;

of the "Fang letter showed that closure of the discussion, The Y.M.C.A., at 7.30 p.. Defendant was under the Influence chairman hoped that M. Bourgeois of anger, and that bis language would eventually clear up were engaged in the practice was of such violent character na large discrepancies between the

to lead to the conclusion that he figures of French imports and ex-Helena May Institute, at 8.30 p.m.

of the law in that place. Yau

CI

communi

Other Dangerous Drugs.

com-

April 23-Cheer 'O Dance at

.April 26-St. Peter's Club con- cert in St. John's Cathedral Hal. Sports. April 18-Whist Drive, at Cheer

Y.M.C.A., at 7 pm. April 21-St. Peter's Club first

in the capital of the Yue Sing Com-(e) Sixteen gentlemen who are or Fary, came and asked his advice ak up taking shares in the Mine Company. Defendant states

it is clearly established that the was actuated by wrong feeling, ports-Reuter. that he advised Fung not to take "Pang letter" came into the hands against the Plaintif. 1 have con- ap any shares but to make of the Governor, but there was no sidered the language.complained of

Genern, To-day, quiries about this last named.com. direct evidence that he knew Eng. but cannot see that it discloses any

With the exception of the unaual¡'O lish. On the other brand there cessive violense of language. Inf pany; and that on August 12, 1927,

translating the "Fung letter", the ports from the United States, he wrote the letter of this date, is evidence that he which is, marked "1.7" in the Ap-rated with the Treasurer of Macao Defendant made certain interpola-Japan and Portugal on the import annual marathon race, 3 p.m.

Lammerts' Auction. pendix to the Defendant's Petition with reference to it; and that he ions in the text, ad on them Coun- and export of narcotics, the

April 19-At Sales Room, Dud- sel for the Plaintiff laid very grent mittee has passed the reports of to the Governor of Macao,

¦directed an enquiry to be held in

stress, as showing that Defendant all other countries, after which dell-st., valuable household furni- presting to Pung the lines on which Kong at which the matters was actuated by sinister motives the committee requested Sir. Malture, etc., etc., 2.30 pm:

s enquiries should proceed.

referred to in the "Fung letter" in publishing the "Fing letter."colm Delevingne to draft a resolu-

Meetings. Public Announcement. were directed to be, and were, gone. It was urged on behalf of the tion asking the Governments to in- To-day-Sanitary Board meet- In view of the action of the into. The evidence is not

very Plaintiff that Defendant deliberate- clude besoil and morphine in ing, 4.30 p.m. Government of Macan with respect strong but I am of opinion that je mistranslated certain Chinese their regulations dealing with the April 18-Meeting of the Dioce- to the termination of the Opium there is some evidence from which characters which he knew to mean manufacture, import and export of san Old Girls' Association, & pan. Chatmet with the Yue Sing Com-the inference may reasonably be "as security" so as to make them other dangerous drags.

April 20—– Annual meeting of pany; and of the public announce-drawn that he read and understood appear to refer to the wife of the

members of the Victoria Recreation nant as to the future policy of that Its contents.

¡Governor of Maeno. Defendant

Club at V.R.C.. 6 p.m.

sug-

Local Publication.

COTTON TRADE.

EMPLOYERS & EMPLOYRES MEET.

April 23-Extraordinary meeting of the China Light & Power Co., (1918) Ltd., St. George's Bldg., 11

a.m,

April 24-Fiftieth annual meet. jing of China Sugar Refining Co., Ltd., at Company's offices, Pedder- st., noon.

Miscellaneous. - - -

of

Police

overnment with regard to Opiums. Ан regards the numbers of strenuusly denied this allegation, it is quite natural that Defendant, the Legislative Council of and stated that he had had to de-| should have been surprised at the Macro I held, at the end of Plain- posit security to the extent of Tumours and Information to which tit's ease, that there was na evi- $700,000 while the statement in the reference has been made; and he 'dence to show that any of these "Pong letter" was that the secur- al that in eente he start. gentlemen read and understand the its required of the Yau Seng Com- ed on the preparation of a Petition rentents of the "Fung letter," and, pany amounted to only $70,000: to the Governor of Macas in which that therefore there was no rise that, though the teral translation'

IMPORTANT SUBJECTS. beret out his general services and for Defendant to answer so far as of the characters. "Tuk Po". ("as)

To-day-Inspection security") were clear, the small

London. To-dzy, em factions to the Cloany of they were concerned. Macao, and his fulfilment of all

With reference, to the 16 gentle amount of the deposit made him A further attempt to settle the reserve in conjunction with the iliates under his contracts men above mentioned I held that doubt whether the literal transla Cotton Industry dispute with re- RK. Police Force and II.K. Fire with that Government; gad on ionable publication to Dr. C. 3. his sole object in using the words made in Manchester to-day at the

there were was evidence of an ae-tion was the correct me: and that gard to hours and wages will be Brigade, Murray Parade ground.

April 18-H.E. The Governor lec- thest gronds be based a claim for Leitan, but not to the remaining was to direct the attention of the Joint Conference of representatures in the University on "Ele- fair and sympathetle treatment at fifteen. the hands of the Government where

authorities to the need for inventives of the employers and trade ments in an Analysis of Thought thation. In any case,, if express unionists...

and Its Activities," at 5 pm. hi interests or those of the Yue Sing Company were concerned.

As regards publiention in Hong malice is shown by the use of the One of the latter, prior to the April 20-Frnternal dinner to Kong, this was alleged and prove words "Tuk Po" and these accom-conference, stated that they were HK. European medical practition The Petition then goes en lo re-ed in the east of Senor Albuquer-panying it. it is malice towards as opposed as ever to a redactioners and others by the H.K. Chinese fer the public announcement of que, the Fortuguese Consul-Gen- some person other than the Plain of wages but they wanted to Medical Assen., at South China the future palies of the Governoral, and of Mr. Cheung Choi; but tiff.

ent of Muenn as to Opium; to ver-the publication to Senor Albuquer,

know what the employers meant Restaurant. by "giving full productive efect fada petion taken by that Govern que was made after the issue f

ent against the Yuu Sing Com-the writ in this action and is clear payment through the Plaintiff to

So far as the reference to the to a 48 hours' working week." The "Bones of Contention." ar and its representative iny. therefore, not actionable as far Toi Teng, and the interpolations It is considered very probable Blean, which is claimed to be un as the prereat proceedings are con are concerned, it would appear that that the operatives will be willing "THE LADY OF THE HAREM” warranted by Portuguese Law, to rerned. In the case of Mr. Chong the Chinese Characters are cor- favourably to discuss a full-pro- the engagement of Eu Kin Butt by Choi publication was admitted, hut rectly rendered as Tso: Teng and I duction week but not a wage re- the Opium Administrator without was alleged to have been made for can discover no

It is evidence of ex-duction proposal. reference to the Defendant; to the the purpose of obtaining a trans-press malice against the Plaintiff, stood that the employers are not faterference of the Pisintiff in cer-lation of the "Fung letter" into either, in the translation or in unanimous in forcing a crisis on tain criminal proceedings in Hong Chinese. It was urged on behalf, the words interpolated; and, in the wages question if a full-pro- Kong against Lu Kin Butl with of the Defendant that if there was fact, little emphasis was laid upon duction week is obtainable inga to-day. Produced respect to which the Defendant a publication to the Governor, it them by Counsel

for the Plaintiff, Reuter. makes some strong comments on was made on a privileged occasion,' during the alter part of the the action of the Plaintiff; to the without malice to the Plaintiff but Hearing.

No Express Malice.

under-

the THE INQUIRY INTO LILLOAH

WORKSHOPS.

eilure of the Government of with the purpose of securing a2! Counsel for Plaintiff also argued INDIAN RAILWAYS: Marno to return, at the due time, Enquiry inter alin) into facts that the letter of 8th September, the money deposited by the Yue which had come to the knowledge 1927, which accompanied the

of the Defendant through the copies of the Petition sent to Sing Co. to secure the perform-1 ase of ita obligations under the medium of the "Fung letter"; and 16 Jegal gentlemen under the Opium Contract with that, Govern- the action of the Defendant was circumstances already mentioned meat; to the activities of the Yau matter in which the Defendant. by Plaintiff on the part of the De- bona fide and with reference to a disclosed express malice against the Seng Company in obtaining contri- butions. to its capital from

reason of his long and intimate fendant. Certainly this cannot njem- connection with public affairs had, be said of the first four paragraphs

Defendant against the Govern-

OFFICIAL COMMENDATION.

Simla, To-day.

TO-DAY'S FILMS.

AT QUEEN'S.

"The Lady of the Harem," which has been drawing large audiences at the Queen's Theatre since Sunday, is having its fion show-

n

lavish scale, the story has been adapted from "Hassan," the famous stage production, and deals with Persia during the days of the Arabian Nights. Greta Nissen is seen as a beautiful Persian maid who is taken as the Sultan's slave,

Ernest Torrence plays the role of "Hassan" the happy-go-luck con- fectioner, and William Collier, Jr., is the dashing lover. One of the The officers deputed to enquire many tremendous scenes in the ben if the publie on the ground an interest, and was published to of the letter which so far as I can into the working of the East In-picture is the swimming of a wide that it had obtained the opium con- the Governor who had a corres-

river by over a thousand beggars 'dian Railway workshops ati ession in Macao; and to several ponding interest and duty in that see; relate to grievances of the Lilloah have recommended a re,who storm the Sultan's place and other matters in respect of which behalt

"The Lady duction of the staff by 2,600 effect the maiden.

of the Harem" was produced by the Defendunt on his own behalf As regards the publication to men of Macno and make no re and that of the Yue Sing Company Dr. Leitao the Defendant's Coun-

ference, direct DX indirect, to spread over 20 months.. complained of unfair or bad treat sel argued that it was done with

The Government of India has Raoul Walsh, famous as the director meni. The Petition ended with a the bona fide object of obtaining fendant asks for advice as

But in paragraph 5 the De-accepted the recommendation of "The Thief of Bagdad”. rayer for an enquiry into the mat-advice from one of his legal advis-

to Reuter. ters complained of.

ers, and that the publication was whether he can give circulation to he statements contained in his therefore privileged.

Petition in London, Paria, Lisbon, tion:

to,

Already Printed.

Facts of Incident. The facts of this incident were

Plaintiff.

..

0.20

The local of the

and routine

of

At

ELINOR GLYN FILM. Elinor Glyn'a novel, "Love's Blindness" has been transfersed to The Defendant stated, and his

and accordingly deputed the screen in a film that will be statement is borne out by the avid-

New York, Hong Kong and Macao; certain Portuguese Officials to go shown at the World Theatre to-day

and to-morrow at 5.15 and ence, that the original of this Peti-that Defendant had sent a copy of and it is argued on behalf of into the matter.

The Enquiry was commenced on only, A carefully chosen cast, tion had been typed, and copies of the Petition and its Appendices to Plaintiff that this expressed in- it and most of the Appendices to 16 lawyers in Macao, though the tention to publish so widely is with 21st September, 1927, at the Port-headed by Pauline Starke, Antonio Tashman, it, had been already, printed when reading and understanding of these the object of giving still greater uguese Consulate General in Hong Moreno, and Lilyan he received a letter dated Agust 23, documents was only brought home currency to his charges against the Kong, and Defendant was invited interprets the story, which is set 50 discloses his to attend; and was questioned at In a background of English 1927, from Fung Cheong with the to Dr. Leiteo. It was urged that Plaintiff, and result of the enquiries suggested the transmission to 16 legal gen- animus against the Plaintiff. Here length both on that and on the suc- aristocracy. in the letter of Defendant to Fung tlemen was not boun fide and clear-again I cantot agree with this ceeding day on the allegations con- story shifts between London and I can see a baronial country estate, affording of August 12, 1927, above referred ly showed that the Defendant, contention; and can see no evidence tained in the Petition.

As an enclosure to the former under the guise of consulting his of wrong feeling against the Plain- nothing in his evidence at the En- opportunity for a brilliant display

be considered as of the diversions quiry which can letter was a receipt dated June 30, legal advisers, was merely attempt-tiff either in the letter itself or in the circumstances attending its

The settings are 1927, signed by Lu Kin Butt anding to obtain a wide circulation of

going to show that he was actuated smart society. transmission to the 16 legal by express malice against Plaintiff; lavish, particularly the country. given to a subscriber to the Yau the defamatory matter contained in

At gentlemen.

the Defendant certainly re-affirms estate, whose furnishings and Seng Co., but not referring to the the Petition and Appendices.

300 Printed. character of the business to be car that this somewhat unusual proce first sight it certainly does appear

the charges made against the Plain- decorations were personally cho- !

Glyn herself. ried on by that Company.

Although, as a matter of fact, tiff in the Petition, in respect of sen by Mme. What the business was intended to be dure requires explanation; and the Defendant only distributed some 30 which no proceedings have been the 2.30 and 7.15 performances the was, however, made clear when the explanation given was the produc- copies of the Petition and its taken against the Defendant, But I Chinese drama "Retallation" will correspondence above mentioned

tion of 16 retainers covering the Appendices, 300 copies were actual- can see nothing in the substance or be shown. and marked H.2." to H.6" came services of all these 16 legal gen-ly printed for him; and it is argued in the language of the Defendant

tlemen, and the statement that De- that this shows an intention to at the Enquiry which shows him NORMA SHEARER COMEDY. into the hands of the Defendant; fendant liked to have a number of Injure the Plaintiff by an altogether to be under the influence of any The chief picture. In the con- and this correspondence, as well opinions so that he might select untocessary publication of the wrong or sinister feeling against tinuous programme at the Star AB the letter H.7" from Fung from among them those which Petition. But the Defendant the Plaintiff,

Theatre to-day and to-morrow, Cheong of August 23, 1927, was in-agreed with his own views. The said that his reason for taking so

For Defendant.

"Excuse Me," is a comedy that cluded in the Petition."

retainers were for substantial muny copica was only that the In the result. I have come to the moves with express speed from "Excuse Me" In my opinion this letter carries, amounts varying from $2,400 to Printers charged as much for 30 conclusion that, though the "Fung start to finish. substantially, the meaning placed $600 ach; and after considering copies as for 300; and that that letter is defamatory of the Plain- presents Norma Shearer and Conrad upon it by the Plaintiff, and is de- carefully the somewhat unusual is the reason why he took delivery tiff, its publication was in each Nagel aa two distraught lovers who famatory of him. No attempt is character of the Defendant's of such a large number. I see no Instance on a priylleged occasion; dash aboard overland train, made to justify this defamatory methods in this respect I can ses reason to doubt this explanation. and that the Plaintiff has failed expecting to find a minister there meaning; and Defendant, through no ground for saying that the There is one further matter to prove that, in making any such only to find him missing. Renee his Counsel, expressly stated that transmission of the Petition and its with which I must deal in connec publication, the Defendant was Adoree appears as a friend of the hero from France who cause hemade no reflections on the Appendices to Dr. Leitao and, the tion with this part of the Plaintiff's actuated by express malice. honesty or official conduct of the other 15 légal gentlemen was done case. It would appear that the My judgment must, therefore, be him huge embarrassment by clai- Plaintiff in connection with the mala fide or for any purpose other Governor of Macno thought that for the Defendant with coats, ming to be his wife. "Excuse Me" matters mentioned in these pro- than that of obtaining their opinion enquiry should be made into the A stay of execution was re-ls full of amusing complications

an

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