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WHAT CONSTITUTES
PIRACY?
Interesting Legal Argument.
"UNPRECEDENTED CASE."
the men guilty, but the point
now to be argued was "whether
the prisoners may be convicted of piracy in circumstances where 10 robbery has occurred.**
The Attorney-General indicated that Mr. Somerset Fitzroy would represent the Crown, and Mr. Hin-shing Lo would appear to argue for the prisoners.
No. 27,752
DEATH OF MR. C. MAKEHAM.
Passes Away in New South Wales.
36 YEARS IN COLONY.
ESTABLI
1846
מ 3 1TB
HONG KONG, MONDAY, MARCH 23, 1931.
PARDON FOR LAHORE FARM BOARD WARNS
MURDERERS.?
Congress Threat Not to Join Conference.
JUSTICE BLACKMAILED.
Karachi, Yesterday.
The nows of the imminence of
│WHEAT FARMERS,
No Stabilisation of Price to Be Attempted.
LIMITING PRODUCTION.
Washington, Yesterday. The Farm Board has warned
TO-DAY'S
DOLLAR.
The
closing rate of the dollar on demand, to-day was 1/-.
DUNLOP Rebufotond Metod Cycla Tyres
PRICE $3.00 Per Month.
Local Branch, Pedder Bldg. Tel, 24554.
ATLANTIC LINER REFLOATED.
POLAR EXPEDITION
TRAGEDY.
Mourning for Drowned No Serious Damage to
Quartermaster.
the S.S. Montclare.
PASSENGERS SAFE.
London, Yesterday.
MOVE TO TORPEDO CUSTOMS PACT. Infringement of Geneva Protocol?
POWERS' OPPOSITION.
and
TRIP UNDER THE ICE.
Before a Full Court this roorn- The friends of Mr. Charles
New York, Yesterday.
Vienna, Yesterday. ing, consisting of the Chief | Makeham, who retired in August
A sorrowful start to the famous
The marconed Atlantic liner, A move by three Continental Justice, (Mr. Justice Wood), and last after 36 years' continuous the execution of the three men the wheat farmers that no Gov- North Pole expedition was made s.. Montclare was refloated to Powers apparently to forpedo the Mr. Justice R. E. Lindsell, the service with the Dairy Farm, will sentenced to death in connectionernment stabilisation of prices when the submarine Nautilus ar day. She was not seriously dani-proposed Austro-German customs heuring commenced of a point regret to hear of his death yester- with the Lahore conspiracy case, would be attempted for the 1931 rived at Brooklyn with her fing aged.-Reuter.
union occurred yesterday, when reserved by the Chief Justice at day at Homebush, near Sydney, is unsettling the arrangements crop, and again emphasised the at half-must in mourning for
Story of Mishap,
diplomatic representatives of the trial at the February Assizes New South Wales, at the age of for an All-India Congress, which necessity of limiting domestic Quartermaster Grimmer, who
London, Saturday.
France, Czecho-Slovakia, uf twelve men charged with 65 years.
should open here on Tuesday. |production to meet demand, was swept overboard and drown-. The Canadian Pacific liner, 8.6. Italy called on Dr. Schober, the piracy off Pedro Blanco on On February 5, 1930, Mr. and Pending the result of applica- The board did not indicate aled. The Nautilus has come here Montelare, has gone ashore in the Foreign Minister, and pointed out January 4 last.
Mre. Makcham celebrated their tions on behalf of the condemned change of policy regarding 1930 for her christening by Jean Jules Firth of Clyde in a dense fog, and it that the conclusion of such The jury at the Assizes found silver wedding when the presen-men by the Indian Defence Com-wheat, which is now being stabil-Verne, the grandson of the famous is feared she is badly holed.
a union would infringe the Geneva tation of a blackwood cabinet and mittec, which the High Court ised by purchases of surplus French writer.-Reuter's Ameri- The ship's lifeboats have landed protocol of October 4, 1922. silver water jug was made in the will hear to-morrow, the address stocks and did not mention their can Service.
the two hundred passengers who Reuter. Wesleyan Soldiers' and Sailors' of welcome to Dr. Gidwani, Chair-intentions regarding cotton, of [A message of March 17 were aboard at the time. Home. Mr. W. H. Edmonds, who man of the Reception Committee, which large purchases have al-stated:-A heavy snowstorm ap
French Press Agitated. The 300 passengers on the Mont- made the presentation, paid a which had been prepared on the 'ready been made. — Reuter's propriately marked the departure clare had a terrible home coming.
Paris, Yesterday, high tribute to the work of the assumption that the sentence American Service.
of the submarine Nautilus, for- Arriving from St. John's (New- Distinct fears of a repetition of indefatigable couple,
whose would be commuted and which
merly of the United States Navy, foundland), the vessel was feeling Nineteenth Century history, when friends rejoiced with them in the had urged participation in the
in which Sir Hubert Wilkins and a its way up the Clyde in a thick fog. a customs union proved the pre- celebration of their silver wedding | Round Table Conference, has been
party of explorers left for New The passengers were gathering cursor of a political union in anniversary.
held over. If the sentence is car
York for the final trials en route their belongings in preparation for Germany, are betrayed in the "A Word from the Minister," ried out Dr. Gidwani will advocate'
to a trip to the North Pole under landing when they were thrown off newspapers, which regard the, In the Wesleyan Church Quar- the rejection of the idea of co-
[ice.]
|their feet with a sharp jerk. They new Austro-German, agreement terly issued in October the Rev. operation in the Conference.—
attempted to rush the lifeboats but the thin end of the wedge J. Knight Anstey wrote:-- Reuter.
the captain and crew tactfully driven through the Article of the None of us can look forward
checked the incipient panic and Peace Treaty forbidding an without feelings of peculiar re- HOLD UP ON PRAYA.
landed everybody without casualty Austro-German political union ex- Mr. Hin-shing Lo, in eommene-gret to the departure from the
on the rock island of Cambrae. cept with the agreement of every ing his argument, said: The Colony of our dear friends, Mr.
After a water-less sojourn on the member of the League Council. point reserved for the considera- and Mrs. Makehamn. In the fol-
island for some hours they were tion of this Court is that no ac-lowing resolution of the Quarterly
transferred to the mainland and cused person may be convicted of Meeting we have tried to express
thence to Glasgow. Eight tugs aro piracy where no robbery has oc- something of what we feel, but no
Mothering Suntiny, which is a standing by the damaged liner, curreil. In other words, I am sny-words seem adequate to
world-wide institution, was ob- the ing that the question before the situation, and we can only hope
served in St. Andrew's Church which the receding tide has left Court is whether these prisoners that Mr. Makeham's mantle of de- the foreman
yesterday evening, when a special marooned on the rocka-Reuter.
(A vessel of 16,814 tons, the meang Mittel Europa," service was conducted by the at the bar can be legally convicted voted service may fall upon some- night is revealed in the Police re-
M. Briand was busy all day of piracy jure gentium, even one else, and that we may be able ports this morning,
Rev. E. A. Armstrong (Assistant Montelare is a well-known Atlantic Ng Chuen, the victim, in his re- though they have not in fact to gladden him in his retirement
Chaplain). A large congregation ship. Built in 1922 by John Brown long with diplomatic exchanges, listened to a stirring sermon on
and Sons, Glasgow, she has twin which is a foretaste of the hectic committed robbery on the high in Australia by reports of a pros-port, stated that he was walking The point raises a big perous Wanchai. The resolution along Connaught Road Central at question of procedure, affecting reads as follows:- as it does the administration of criminal justice not only in this Colony, but in other parts of the British Empire.
The Chief Justice: Then I think that the point having been reserved it is for the prisoners to begin.
scag.
Robbery Not Proved?
Continuing, Mr. Lo said that although there was a very strong moral claim upon any citizen to do whatever was in his power to keep the seas free from pirates, yet prisoners had an equally strongi claim that should be dealt with according to British law, or ac- cording to what constituted jure) gentium. Their claim to acquit- tal by the present Court could not be in any way affected by the pre-] vious adverse verdiet of the jury) in the Lower Court.
Indictments Condemned.
The indictment on that occa- sion did not, counsel claimed, allege commission of actual rob- bery. It only alleged "an attack with force of arms upon the master and crew with intent to take away the junk and steal the same." Even this indictment was not brought in until the first Indictment, containing three counts, had been quashed on the grounds that the counts, were legally defective, and did not dis- close any evidence known to the. law of nations; nor did it iden- tify with any legal crime.
"It is true the indictment al- leges an offence," said Mr. Lo. "But my submission is that such an offence as is disclosed in the present indictment does not amount to piracy by the law of nationa."
"Ingredients" of Piracy. The essential ingredients of the crime of piracy," he added, "under which the prisoners were indicted, must be three in num- ber. These are; (a) There must be violent assault; (b) Those who are robbed must be put in bodily fear of their lives; (c) The ship, its cargo, or any member of its crew and passengers, must be seized and taken away in the pre- sence of, or from the possession or control of, those who are ac tually in charge of her.
The Chief Justice: Are you say ing that it is essential that the ship itself must be saized?:
Mr. Lo:The control of the ship must be taken by the pirates.
"Simply Robbery,"
ROBBERY FROM A CHINESE FOREMAN.
STRUCK WITH HAMMER.
The daring hold-up of a Chin- on the Praya last
8.20 pm. Opposite the Kee Shan "On the eve of the retire Boarding House, five or six men, ment of Mr. Charles Makeham; approaching him from behind, de- the Quarterly Meeting of the manded to carry out a search to Weslevan Methodist Chuang snatched from his right which he submitted, "Two of the Queen's Road East, Hong Kong. breast pocket, n gold watch and wishes to express its deep sense
of the loss it will mean to the chain, with pondants attached, to cause at Wanchat, with which the total value of $284.
Whilst
he has been inseparably asso- this was in progress, the other des- ciated for so many years, and peradoes assaulted Ng by push- its reluctance to face the ing him to the ground and hitting him several blows on the back thought of the severance of the
ran away.
FINE TO CLOUDY.
To-day's weather report from the Royal Observatory states:
A depression is central over the Sea of Japan.
An anti-cyclone has formed over N. E. China.
Freshening monacon prevails along the S.E. coast of China. Forecast:-N. to N.E. winds; light to moderate; the to cloudy.
Rainfall.
Rainfall for 24 hours end-
ed at 10 am--nil. Rainfall since January 1-4.03 inches against an average of 5.18 inches-deficit 1.15 inch.
Temperature.
The temperature at certain specified, centres this morning
at 6 o'clock was!--
Hong Kong),
Macao Bay
Pratas Island Manila
Foochow
Swatow
Chefoo Shanghai
61
61
70
77
60
61
FRUITLESS SEARCH FOR LOST PLANE.
Feared Australian Mishap.
MOTHERS' SUNDAY.
OBSERVANCE IN ST. ANDREW's CHURCH.
SOCIAL HOUR.
Several evening papers speak
as though the Anschluss (union) is more or less accomplished,
Le Journal des Debats adds dramatically: "And Anschluss
| future.-Reuter,
"If Christ came what would He crews, is 649.5 feet long, 70.2 feet activity expected in the near think of our home and personal wide, and 40.2 feet deep.] relationships" preached by the
Vicar (the Rev. W. Walton YU SHUN AGROUND. Rogers).
IN EARLY MORNING.
7
IN NO DANGER.”
*
Later, a social hour was spent) MISHAP NEAR CASTLE PEAK in the Church Hall, when oppor tunity was taken to welcome fifteen newly-confirmed girls and boys. Entertainment by the Boy Sconte, Wolf Cubs, and Choir was
Near the spot at which the well received, whilst Mias
steam launch Hol On grounded Hickey and Master D. Westcott last Tuesday night, the China Mer- recited.
ADMIRAL KELLY.
OFFICIAL VISITS PAID IN CANTON.
RECEPTION FROM CHINESE.
H.E. Vice-Admiral Sir Howard
chants S.N. Company's 8.A. Yu Kelly, K.C.B., C.M.G., M.V.O., Còm-ri On behalf of the congregation Shun was stranded at So Kun Wan, manding the South China Squadron, of St. Andrew's Church, Mr. J. W. near Castle Peak, early yesterday is. at present en a visit to Canton,
arriving there on Saturday. Baldwin expressed words of wel-} morning.
on
Sir
very happy personal relation with a hammer. After this, they ships which that association
a The haul comprises gold has engendered.
"Loyalty to the Church in all Watch, valued at $80, a gold chain.
come to, the newly-confirmed, re- The mishap occurred at about Howard paid official calls at the its interests, exhibited in regu-dollar piece set in a frame, valu- valued at $80, an American 20
minding them the "virtue was in 3 a.m., whilet the Yu Shun was on various Government offices, and lar attendance at all its gather-
the struggle, and not in the re-her way here from Canton. There later received Admiral Chan Chak, ings, in unstinted and varied ed at $90, two gold pendants valu-
ward." He hoped that they was a thick fog which caused the Commanding the Chinese fleet In board the. service joyously rendered, anded at $10, a horn pendant mount-
would carry out the purposes they ship to lose her bearing, and, rua- South China.
Sandwich. in that generous giving of the ed at both ends with gold, valued
CRASHED IN MOUNTAINS?
had set their minds to, in their ning into shallow water, she got Journey through life.
stuck in cheerful giver whom the Lord at $10, and a grey felt hat valu:
the sand. Although Yesterday the Civil Governor of ed at $4. loves, have been but the more
The Vicar thanked Mr. Baldwin pretty high up on the sand at low Canton, General Chan Ming-shu, Melbourne, Yesterday.
the public indications of a char- Highway Robbery Sequel,
and also the Rev. E. A. Arm- tide, the Yu Shun is in no danger the Commander-in-Chief of acter rich in living Christian There was a sequel in the Cen- fate of the National Airways ma-who were responsible for the next high tide,
Anxiety is felt in regard to the strong and Mr. Rupert Baldwin and expected to get off with the garrison in Canton, General Chan experience, and embellished by tral Police Court to-day
Chai-tong, and the Mayer of Canton to the chine with two pilots and five unfailing brotherliness
The Yu Shun was to have pass- City, Mr. Lin Wan-kai, entertained evening's entertainment, which and armed robbery on Lady Clement's passengers aboard, which has all present, he was sure, had ened through Hong Kong bound for Sir Howard in the Government courtesy, dignified and self- Ride on Friday, when a contrac been missing somewhere between joyed. He thanked the entertain-Shanghai with 680 tons of general Club, Tulaze Garden, in the after- effacing humility, and a graci-for was attacked by ve men. Sydney and Melbourne. She was ers, and all those who had helped cargo and passengers.
It will noon, and in the evening Admiral Before Mr. W. Schofield, Sergeant inst sighted at 3.80 p.m., yester- toward the success of the social be necessary to remove
some of Chan Chak was host at "It is almost impossible to R. Cunningham charged two Hok-day at Wangaratta, 146 miles hour.
a dinner the cargo to lighten the ship and given in the Naval Headquarters. think of Wanchai Church lifelos, Lam Shing (36) and Lam Yuk north of Melbourne, flying to-
enable her to got off. without the genial presence of (25), both unemployed, with high-wards
Several
This afternoon General Chan the mountains. Five Mr. and Mrs. Makeham, as it way robbery. will be to forget their loving
ous sense of humour.
In stating that he had been in-planes searched for her all day AIRMEN DROWNED.
long without result.-Reuter.
'PLANE CRASHES INTO THE PANAMA CANAL.
service and their constant hos-structed to ask for 48 hours' re- pitality and fellowship,
mand in Police custody, Sergt.
"We pray that God's richest Cunningham intimated that there CHINESE IN HOME AIR blessing may rest upon them in were five men in the affair, three
all their future, and His peace of whom were still at liberty. ever abide with them.”
Company's Tribute.
On March 18, at the annual meeting of the Dairy Farm Com-1 pany, Mr. J. P. Warren (Chair- man) said;
They were offering a remand so
as to enable them to capture the culprits.
The remand was granted.
EXPRESS DERAILED,
"When on the subject of the staff. I should like to mention..
NINE INJURED.
CRASH.
Seriously Injured at Brooklands.
London, Yesterday.
New York, Yesterday. Two United States airmen were drowned in the Panama Canal to- day when their ranchine crashed.
-Reuter's American Service.
SUSPECTED POISONING.
that Mr. C. Makeham, who SIX PERSONS KILLED IN ROYAL served the Company faithfully
SCOT SMASH. and well for the last 36 years, retired from the Company's service during the year and has settled down in Australia, where, I am sure, wo all hopoj he will be long spared to enjoy his retirement.”
Yeskoh Wong, was seriously in was reported to Police Headquar A Chinese named Alfred A case of suspected poisoning
jured through crashing in a pri-iers from Kowloon. Two Indian vate seroplane at Brookland private watchmen, Ramat· Alah aerodrome to-day, The 'planej (45) and Majid Alah (95), and Ho was piloted by an Indian, T. H. Ka-woo (16) described as a cook, Dastur. It is understood that the all residing on the third floor of 11, It is officially stated that six owner of the machine was also Parkes Street, were removed to the persons were killed and nine seri-slightly injured. Reuter. ously injured and a number leas
is entirely unprecedented in the history of piracy," he added.
Mr. Ln, & little later, said: “My submission in this case is that the Crown has taken an enlarged view
London, Yesterday.
outly seriously hurt in the Royal Scot
FRENCH OFFICER'S ··LOSS, @
The case against Leung Shing,
of the crime of piracy, which who was charged in the Kowloon
MOTOR FATALITIES.. EARTH COOLIE AND WOMAN KILLED.
Police.
During the week-end, two motor view is not warranted by the law Magistracy this morning with the accidents, each attended with a Counsel went on to urge that of nations. The view taken la, in larceny of a watch and a sum or fatality, were reported to the these three Ingredients must be fact, wholly unjustified. Most alleged in the indictment. No writers and authorities define Bergo, of the French cruiser, Lam Yang (40), employed as an thing short of them amounted to piracy as robbery on the high Waldeck Rousseau, was remanded earth coolle was killed in Prince piracy. All three must be proved seas. It must be proved in a simi- anfll Wednesday
It was not sufficient to prove or lar manner as robbery on land. allege only two. Pira
was sim Apart from not defining piracy as
1
money, the property of Lieut.
2
ply: robbery, committed on the required the admission of this >; TRIO OF STOWAWAYS. high deas or within the jurisdie. form of indictment (as in the pre-
tion
free
althou
sent case) diverts the adminis tration of Justice into a new course which forms ans vil p cedent
then commen forifier in
pino
Kowlo
Kowloon Hospital,' in a condition which is considered to be serious.
The report adds that the men had partaken of a drink of ten at 7.20 .m. yesterday, when they took ill
· FIRST MAN I KILLED.".
Sofia, March 14, During the performance of the play "Le Premier Homme, que j'al Tue" in the Stollchoff Theatre yesterday evening, mambers of s Edward Road at 11 am yesterday, patriotle organisation showed dis- when a motor lorry passed over his approval by hurling stink bomba head,
compelling the suspension of the *The second mishap occurred in performance after the first act "Queen's Rosa Central, at the func-~ The police ware summoned gid tion of Ice House Street, where a elested the solsiór demonstrators motor
Mr. but during the third Wing-chan ran into a stink bombs were.
Chun-chue, who the theatre with Tum
Balscomfort of ic
ited
more
the and ad-
Junks are engaged on this work, Ming-shu, General Chan Chai-tong, and it is understood that the tug and Mayor Lin Wan-kai, will return Henry Keswick is at the scene of Sir Howard's call at the British the stranding.
Consulate-Gonoral, Shameen, and in An unconfirmed repert just be the evening they will entertain him fore going to press states that the at a banquet in the Provincial Gov ship has been refloated.
ernment House.
SHIPS IN COLLISION.
has not been decided whether the The sa. Klangsu and Toyooka Kiangsu will go into dock. Maru collided on entering the bar- The Japanese vessel is schedul-.. bour yesterday off Kowloon Point. ed to leave for the North. this
Little damage was done, and it lafternoon.
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