1929-12-11 — Page 8

8

MR NESTLÉ FRUIT & NUT

ALW

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13, Queen's Rd. C.

next to St. Francis Hotel

Has on display a beautiful selection

·

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for Collar and Cuffs

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THE CHINA MAIL,

CIVIL SERVANTS

Their Superannuation Rights Affected

A TEST ACTION ·

No Contract With Crown: Courts Powerless To Acti

VARIABLE PENSIONS.

A test action brought against the Treasury, challenging the validity of a Treasury Minute affecting the superannuation rights of Civil Servants and said to involve some. millions of pounds, has been dismissed, Mr. Justice Clauson holding that the action entirely failed. The plaintiffs-John Nixon, John Scott, William Clark, and Benjamin Louis Samuel-are retired Civil Servants and members of the Superannuation Rights Association. They claimed declara- tions that they were entitled to have their superannuation allow- ances calculated as prescribed by the Superannuation Statutes, and that the Treasury Minate of March, 1922, which introduced a scheme of variable pensions instead of the fixed pensions hitherto granted on retirement, was null and void.

NULL AND VOID

The defence was that the Court Mr. Justice Clauson also held had no jurisdiction to inquire into that he had no Jurisdiction to, de- the matter.

clare that retired Civil Servants had Before the case was resumed Mr.legal rights as between themselves Justice Clauson referred to an and the Crown, and that there was anonymous letter which he had re- no evidence of any contract as sug-I eoived. "I think (he said) it is a gested, most improper thing. As I was about to leave my room there was handed to me a letter which I hold in my hand and which I have open- ed. I find it is an anonymous letter written by a person who describes himself as a retired Civil Servant, and it apparently consists of a long argument about matters connected with this case.

"I feel tempted to say that the suggestion of any such contract," continued his Lordship, "between] these individuals and the Crown when they entered the service of the Crown is fantastic.

fas

The action entirely failed stated), and must be dismissed with costs.

Sir James Melville, K.C., the Solicitor-General, said that this was class of case in which the Crown

"I am astonished that a gentle- man who describes himself as a retired Civil Servant, and who pre-a sumably is a person of a certain neither received nor paid costs. He amount of position and education, hoped that it would not go forth can think it proper to send a com-that it was conceded that the action munication of this kind to the was properly constituted against Court."

the Attorney-General. It was felt Mr. A. A. Dickey, who appeared that as the matter concerned a for the plaintiffs, said that he was larger number of people and was equally astonished and sorry to in the nature of a test case involv hear of such a letter being sent tong several million pounds it was assure him that the persons con- better, it should come before, the cerned in the case had nothing Court to deal with the merits of the

have the whatever to do with it. "I would ease and not to not allow such a thing on

hanging over indefinitely.

The action was dismissed without terms," added counsel,

any order as fo costs.

any

Mr. Justice Clauson:-I am sure you would not. I am quite sure it has nothing to do with your clients.

Inducement of Pension

Mr. John Nixon was called and said that he was induced to enter the Civil Service over fifty years

EXCHANGES

TO-DAY'S QUOTATIONS

**

On London-

claim

1/8 9/16

ago by what he considered would be the advantages of coming to London, working short hours, and Bank, wire ......... 1/8 % having the prospects of a pension. Bank, on demand ... "Another attraction," confessed Bank, 30 days' sight Mr. Nixon, who came to London Bank, 4 months' sight 1/8

Credits, 4. months' from Dublin, "was the opportunity

sight

1/9 % of attending a London theatre two

Documentary 4 months' or three times a week."

sight

1/9

1042/

1117%

If, he added, it had not been for what he considered to be an under- taking in the Treasury Minutes of 1859, that he would be entitled, if

On Paris- On demand

Credits, 4

months'

sight he fulfilled all the conditions, to a

On Berlin- pension as prescribed by the Super- annuation Act, he would not have On demand

On New York- entered the Civil Service.

On demand Credits,

Other witnesses gave evidence of

a similar character.

Sir William Jowitt, in his address for the Crown, submitted that the action was "hopelessly misconceiv ed." He very much regretted thal Civil Servants had wasted their money in going to law to try to establish legal rights when for a great many years it had been lald down as plainly as it could be that there was no such rights to come to the Court,

"Fantastic Suggestion"

Wire On demand

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WEDNESDAY, DECEMBER 11, 1929,

QUEEN'S

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CONNELL BROS. COMPANY,

David House, Des Voeux Rd. C.

HONG KONG STOCK EXCHANGE

Opening Daily Official Quotations 11th December, 1929.

Stock.

Buyers Seller Sale Nom

Dividged.

Bank..

Hong Kong Bank .....Ş (Lon. Reg.) ..........h Chartered Bank...

Mercantile Bk., A.&3.

Do..

Bank of Asia

Insurances.

Canton Ins....... Union ins.

C.

Yanguer Ins...M.$ China Underwriters

1957

Ë; ;

China Fire Ins. 1910 H. K. Fire Jos.

Shipping.

Douglases

$

H. K. Steamboats ...$ 20

Indo-Chinas (Pref.)...$ 46

(Del.) ...$ Shell Transports...../ Union Waterboats .....$

Mining.

・; ཻཙྪཾ;

Benguet .............$4.70 Kallan Mining Ad. If Langkat (Co)...Tis.

(Single)...Th

S'hai Exploration...Tis.

Loans ......... Tia. Rauds.....

Tronoh Mines......./.

Docks, Wharves,

Gadowai, &c.

H. K. & K. Wharves...$

|H, K. & W, ·Docks ...$ (82)

China Providents

取

$1355

£3 Tat. 1030

125

18

7f lat. 1920

1901

30/- lat, 1929

10 A/ Int. 1029

A

[695

1928

40

1028

£7

1026

M.39,50 1928

0.50

+

18

1028

815

39

41%

60 days' Bight

On Bombay-

424

1124

1121⁄4

.

Wire

On

On

On Calcutta-

demand On Singapore-me demand.

112

1124

$5.35

72

Hongkews.......Tb.

On Manlig.

N. Engineerings...Th.

On demand,

$2

Shanghai Docks ...Th.

**

***

On Shanghal-

Cotton Mills.

On demand

75%

day's sight (private paper)

Ewo Cations.......Th.

S'hai Cortona (old)...Tls.

On Yokohama

83%

(per tael) Sovereigns

Mr. Justice Clauson, giving judg-30 mant on the main question of juris-. diction, said that that was not a new, point, because...precisely the On demand same point that all questions gris Gold Leaf, 100, fine ing under the. Superannuation Act as regarded benefits of retired Civil Servants were by law not for deter mination by the Court was raised in 1879 and 1880, and in one of those cases the Judge held that no Court of law had jurisdiction in the matter....

He had no course open to him but to decide it, in the same way. The law was so well settled. "that

(Bank's

11.18 22%

buying rate) Silver (per oz). Bar Silver in Hong

Kong Copper Cash Copper Cents Rate of Native Inter

est

Chinese Sub. Coin

8% prem. Nominal

3% prem.

7% pa. -23% dis.

It could only be altered by. the Hong Kong Sub, Coin Par Legislature. The 'action failed on that point.

UNCLAIMED TELEGRAMS.

THE GREAT NORTHERN TELEGRAPH CO., LTD, OF DENMARK

The following unclaimed tele grams are lying at the office of the Great Northern Telegraph. Com- pany (Limited) of Denmark;-.

Fentress, Thomas Cook and Son, from Chicago.

Haven and Co, from Shanghai. E. V. JESSEN,FACE

Superintendent Hong Kong, 6th Dec.,, 1929,-*||

THE EASTERN EXTENSION AUSTRALASIA & CHINA TELEGRAPH CO., LTD.

The following unclaimed tele grom la lying in the E B Telegraph Co. office, Hong Kong

Wylle Kremlin, from Shanghaf

፧፧ ፧

::::

(new)...Tis. Zoong Sings.. TIs.

Lands, Hotels & Buildings.

H.K. & S. Hotels....$10.00 11.30

414

1097

4

1024

1

1978

12 for 1024 01-

1925 6-

20%-

1029

1,00

1928

༴

ཨཿ ཛོསྶ

0,75

1029

2/- Int. 1928-20

19.00

TO.60 1026-27

1.30

15

10.75 1026

12

Int. 1/0 1929-80)

21-

કર્યાં,

1999

145

8

1028

+

1024

*

1.20 1024.

100

79 Int 1920

0.40

1929

177

1.71 1928-29

404

TO.40 Int. 1029 T2,50)

T128 1920yr.

T000 19 18-24

1024

1.20

2 Int, 1929

18 Int. 1999

0.30 Ini, 1920

1098-40

H.K, Lands.

65

Shanghai Lands `..."

..Tis.

101

Humphreys

(14)

14.88/40

1. .1048

H. K. Realties

7.00

Chinese Estates

$

08

Public Utilities.

H. K. Tramways Peak Trams (old).....

(new)... Star Fettles..... Ch. Light (old)

(new).

H. K. Electrics Micro

Sandakan Light H.KTelephones. China Dases **** SportTractions(Ord./

FOLL

E

110.80

LONDON EXCHANGES

London, Yesterday."

Paris

124.02

New York Brussels Geneva Amsterdam Milan Berlín Stockholm Copenhagen

4.8854

(Pref.)/-

197→

84.875

Industriala

25.13

Oalo Vienas

12.095 98.26 20.39 18.095 18.105 18.208

China Sugara

Malshön. Sugars: Cald: Macg, Ord.

Cabion Loc

Cements. (coh).

Prague Helsingfor

Madrid.

Lisbon

34,68 164 194 85,05 108.25

H.K. Ropes United, Asbestor

3.5

Dairy Fami

Atheus

Buchares

818 5.25/82

1/529/82

+2/0-8782

Rio

Buenos fresk Bombay

Hong Kong 71/8

Shanghal

Tokobama Silver

2 Superintendent 78llver Forward.... 22 11/18-

Hong Kong, 5th Dec. 1929.

Wireless Service

Win. Powells

·Deferred·

HK. Constructions... B. Ind. C. Bonds" H..K. Oori Loan...

*****

Hum

4

0.50 Ist, 1920

0.05. 0.80 192999

8.50*5 1928:

0.26 Int. 1928.20

[16.30 | 8% Int. 2913-29

2.50 1949

0.10 Int. 1929.

TOGU 1998

1929

Tri liquidation

P.B

1028

T A

I

G

BEHIND

THAT

CURTAIN

0.80 0.101

1025

TO-DAY

1.25 1024

20

1.95 1028

0.80 1097-BE

0,50 1925-26

1925-29

1998

0.95 1928-29

1.80

1928-20

·AND· TO-MORROW

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