1931-03-24 — Page 1

Library, Supreme Court

Business Manager.

OSO ChinaMail

When the boy gets ‘Ir-

ed pushing his wagon

nlong, he rests, while

the wagon rolla merri-

ly on its way .....

THAT'S FREE WHEELINGI

HONG KONG & SHANGHAI HOTELS, LTD.

(Incorporated in Hong Kong.)

No. 27,753

LEGAL STANDING OF TWO EUROPEANS

PIRATES.

Colony's Powers of Trial.

PROTRACTED ARGUMENT.

LISHED

1845

HONG KONG, TUESDAY, MARCH 24, 1931.

SOCIETY IN REDUCTION OF SUEZ

MOTOR SMASH.

Car Turns Turtle Into Nullah.

CANAL DUES.

Resolution by Home Business Men.

-REMOVED TO HOSPITAL.

PRESENT ABUSES.

resolution

emphasises

HONOURS COMEDIAN.

Premiers and Princes Bow to Charlie."

GUEST OF A DUKE.

46

A serious motor car accident

London, Yesterday.

Paris, Yesterday. The powers of the Higher

the junction of A resolution calling for a re- The announcement that the Court of Hong Kong to deal with occurred near cases of piracy formed the sub- Waterloo Road and Nathan Road duction of the Suez Canal dues Cross of the Legion of Honour before midnight, last was passed at a meeting of lead will be bestowed on Charlie ject of a lengthy discussion in shortly

men to- the Full Court this morning, when night, when a Studebaker touring Liverpool business

car, driven by Mr. S. day. the legal argument in connectioning

The Ashworth, Assistant Government with twelve men found guilty of Surveyor, failed to negotiate the Liverpool's vital dependence on piracy was continued.

corner near the Dogs'. Home and Eastern markets, and urges the The Attorney-General con-capsized into the nullah that bor-Government to bring about an Winued with his argument that ders the road at that point. immediate reduction of the dues the men had been guilty of depro- Mr. Ashworth, who was accom-on loaded ships to five gold francs, dation, which he contended con- panied in the car by his wife, was and to promote negotiations for a stituted an act of piracy jure gen-proceeding toward Nathan Road fresh agreement with the Canal tium. In furthering his submis- at 11.15 p.m. for some un-Company which will prevent a re-j sion, he wished to state at the known reason crashed into the currence of the present abuses outset that questions as regards iron railings on the edge of the and give lasting confidence in the piracies on British ships and by nullah. So great was the force efficient and impartial adminis- British subjects would not enter of the impact that the railings tration of the Canal-Reuter. into the matter. They were dealt (were torn down for a distance of with by special statutes both in 22 yards, Britain and America.

After hitting the railings the The act of piracy jure gentium, ear turned turtle and fell into the counsel claimed, was justiciable nullah, pinning the two occupants) everywhere na offender may be beneath. On the arrival of the found, including Hong Kong. He Police Mrs. Ashworth was extri- would proceed to quote authority

in suport.

"The principal case, which, went the whole length of my argument," said Mr. Alabuster,] is that of Kuok Ah-sing, which was decided in Hong Kong in 1873.

An Old Dictuni,

Continuing, counsel quoted a dictum of Sir John Swayne'. in that case, in which it was laid down that where some of a large number of Chinese coolies, who were being taken from China to Peru in a French ship, killed the captain-and-several of the French crew, and then took the ship to China, they were held to have been guilty of piracy jure gen- tium. The piracy was held not to be an offence against the muni- cipal law of China. If they com- mitted on act against the muni cipal law of any nation, it was against the law of French, to which they

sub- ject at the time; and if they were punishable by the law of China it was only because they had committed an act of piracy jure gentium."

were

MISSIONARY'S FATE.

Government To Pay Full Ransom.

Rugby, Yesterday. Referring to the case of Father Tierney, of the St. Columbus Mission at Kien- chang, in the Chinese Pro- vince of Kwangsi, who has been held by bandits against ransom, Dr. Hugh Dalton stated in the House of Com- -mons that it was feared that he was dead, although the

rumour was

FAILURE TO OBEY A TRAFFIC SIGNAL.

Taxicab Driver Fined in Central Court.

COLLISION AVERTED.

"The tramcar driver had to put on the emergency brake to pre- vent a collision" remarked Inspec tor C. F. Alexander in the Central Police Court this morning, when he summoned before Mr. Schofield the Chinese driver of a taxicab for hav ing failed to recognise a signal given him by an Indian policeman, on point duty.

TO-DAY'S DOLLAR. -- The closing rate of the dollar on demand, to-day was 1/- 1⁄41⁄2.

PRICE $3.00 Per Month.-

BRITAIN AND SOUTH AMERICAN TRADE.

Beneficial Result, of Mission.

MARKETING METHODS.

Rugby, Yesterday.

DUNLOP Special

Extra

Construction

For

Overseas

Motoring Conditions.

FORT MOTOR CYCLE TYRES.

LOCAL BRANCH,

PARKING AT THE RACE COURSE.

Jockey Club Official Summoned.

MAGISTRATE'S DECISION.

Pedder Bldg.

ARCHBISHOP'S TOUR KEPT SECRET.

Vatican Uneasy at Visit

to Jerusalem.

CRUISE IN BANKER'S YACHT

London, Yesterday, Lambeth Palace announces that

The case in which Mr. H. R. In reply to a question on the Forsyth, C.A., of Messrs. Linstead report of the Trade Mission to and Davis, and assistant to the the Archbishop of Canterbury, South America, Mr. G. M. Gillett, Secretary of the Jockey Club, who the Very Rev. C. G. Lang, has Secretary to the Overseas Trade was summoned for having disobey-covery from his recent illness and Department, said that effect had‡ed directions given him by a Polico made excellent progress in re been given to the Mission's re-officer in uniform, in Wongnelchung | covery from his recent illness and commendatione concerning parti-Road, Happy Valley, at 10.20 a.m. on has left London for a month's cipation in the British Empire] March 2—the second day of the cruise in the Mediterranean, after Exhibition in Buenos Aires, the annual Race Meeting-was conclud- which he hopes to return to his reduction of cable rates, increased fed before Mr. W. Schofield in the duties.in full health. official representation, an exten-[Central Police Court this morning. It is unofficially stated that the sion of cultural education, mar-

"Would Not -Shift.”- Archbishop is going to a Contin- keting methods, and aviation Giving evidenco, Traffic Sub-Ins-ental port whose name is kept matters. Distinct benefit had ac-pector Nicol said: "At 10.20 secret and embark on Mr. Pier- crued to trade as a result of the am. on March 2, I drove to Happy pont Morgan's, yacht, which will Mission in that the attention of Valley by Wongnefchung. I put visit the holy places of Palestine. British exporters had been focus- my car in the park stand, just south The Vatican recently expressed ed on the South American mar-jof the entrance. I saw car No. disquiet at the Archbishop's nro. ket. British Wireless Service.

1732 under the verandah. I know posed visit to Jerusalem.--Reuter. the car to be owned by Mr. Forsyth,

GERMANY EXPLAINS CUSTOMS PACT.

International Pledges Not Violated.

NO PROTESTS MADE.

Charlie Chaplin.

Chaplin is the climax to the

pald honours

here to the comedian, who to-day was the guest of M. Briand at the Quai

Berlin, Yesterday. The explanation of the Austro- d'Orsay, where he met a dis- tinguished company including the German Customs convention was British Ambassador, the celebrat given by the Foreign Minister, ed poetess, La Comtesse Monlles, Dr. Curtius, to the British, the playwright Tristan Bernard, French and Italian Ambassadors and Prince and Princess Sixte who visited him in response to his invitation. Dr. Curtlus gubee- Bourbon Farma.

Charlie will be the guest of the quently issued a statement, em- Inspector Alexander explained Duke of Westminster at his seat phasising that there was no ques- driven frem in Normandy, where his grace tion of representations or pro- that the taxi was

of boarhounds, testa having been made to Berlin. Queen's Road, along Pedder Street. keeps a pack

The evening newspapers-warm- At the junction of Des Voeux Rond after which Mr. Chaplin will prob

Central, not confirmed

and the Chinese Government hed ordered the local Magis- trate to pay the full ransom.

The British Minister was continuing to do everything in his power to effect the re- lease of Father Tierney if still alive. British Wireless Service.

Severe Shock.

Indian an

constable ably go to the Riviera to rest.-ly support the Government's con- bigmiled against the defendant, to Reuter.

allow a tramcar to pass. The taxi driver took no heed of the warning, and proceeded to cut right in front

applied

The the

of the moving tramcar. latter's driver emergency brakes and thus avoided A fine of $10 ú probable collision.

was imposed.

Horn Offence.

man,

In summoning a Chinese for hav- Ing hooted a motor car horn un- cated with some difficulty, but necessarily, Inspector Nicol stated Counsel added that the Judge Mr. Ashworth, who was pinned that defendant sounded the horn in the case had found that Kwok down by the steering wheel, was seven times, outside his quarters in Ah-sing was guilty of no offence inaccessible and three-quarters of Hollywood Road. The hooting was under British law. He (counsel) an hour elapsed before he could done to attract the driver's atten would lay emphasis on the fact be taken out, after the car had tion, as he was up at the Traffic that the Judge had also said that been lifted by means of break-office, along with another it was piracy jure gentium, and, down tackle.

awaiting a test. therefore, justificiable in Hong

His Worship imposed a fine of $5. Kong. He would particularly

Failed To Report. Both were removed to Kowloon stress the word "therefore."

For falling to report a collision, Hospital suffering from severe between his combination motor The Chief Justice: If your shock and other injuries. The cycle, and a motor car in Stubbs was very badly damaged, Road, Mr. Andrew Ho' was fined $7. submission is correct, then appar-car ently the Statute of 1849 is un- most of the coachwork being Traffic Sergeant Guild informed necessary? And if your view of smashed.

his Worship that the defendant was Kwok Ah-sing's case is a correct Mr. and Mrs. Ashworth, who riding up Stubbs Road in the direc view, then so far as piracy jure came to the Colony in January, tion of Repulse Bay and was follow- gentium is concerned the Statute 1980, are living at Observatory ing a motor bus which stopped to is not required? It is quite Villas, Kowloon. Upon enquiries deposit passengers. The defen- unnecessary for the purpose of at the Kowloon Hospital this dant drove out from behind the bus giving jurisdiction as regards morning it was ascertained that and the cycle collided with the left piracy jure gentium. It was con- the full extent of their injuries is alde of motor car which came round sidered necessary to pass the not yet known.

Statute Unnecessary?

Statute in order to make clear

the jurisdiction of the Admirálty |

in the Colony in a large number Taking a parallel, it was suf-

of offences, which are enumerated ficient authority to try the pri-

a corner, in the opposite direction.

The Police officer added that de- fendant never reported the matter to the Police, and he (Sorgt., Guild) had to go to defendant's office the following day. A fine of $7 was

It will be recalled that defendant

in the Statute. It would have soners in the present case. been misleading to have drafted! The Chief Justice: The opinion imposed. the Statute without referring to to which I am personally inclin- piracy, because then it could have ed is that this Court has no juris was fined $25 last week for been argued that the Satute with- diction except the jurisdiction negligent driving in connection with drew from the Colonial Court the conferred upon it by Statute or a similar mcident. jurisdiction previously given by law.

the Law of Nations. It was safer Mr. Alabaster intimated that it; and better to word it as it was as was not part of his argument to a matter of drafting,

consider any Statute at all.

He

In reply to the Chief Justice, dealt solely with jurisdiction con- counsel said that in his opinion ferred by the law of nations. piracy as set out in the Statute The case is proceeding... Inferred piracy jure gentium.

"Depredation."

He went on to say that the Judges At the hearing yesterday the in the Kwok case were aware Attorney-General, replying for the they had jurisdiction under Crown to Mr. Lo's legal arguments,

›

EUROPEAN UNION.

MR. HENDERSON LEAVES FOR PARIS.

LEAGUE ENQUIRY.

Rugby, Yesterday. Secretary, The Foreiga

FOG LATER.

weather To-day's

report from the Royal Observatory states:-

The anti-cyclone has weaken- ed and is central near Shang- hal.

The depression has deepen- ed and passed to the N.E. of Tokyo.

Moderate monsoon prevails along the S.E. coast of China. Forecast:-E. or variable winde; light to moderate; generally fair; fog later.

Rainfall.

Rainfall for 24 hours end- ed at 10 am.. Rainfall since January, 1-4.09 inches against an average of 5.30 inches defieft: 1,27 inch.

Temperature.

The temperature at certain specified centres this morning at 6 o'clock was:-

Hon} Kong Macao

Pratas Island Manila

Foochow

Amoy

Swatow Chefoo Shanghai

66

72

79

60

60

60

86

98

BRITISH BUDGET.

TO BE PRESENTED BY MR. SNOWDEN IN APRIL.

CHANCELLOR BETTER.

London, Yesterday.

tention that no international obligations are violated by the agreement--Reuter.

Earlier News.

Berlin, Yesterday. Official circles are unable to un- derstand the excitement in the European capitale over the Aus- tro-German tariff convention.

It is reiterated that the agree ment does not conflict with existing a first step obligations, but la towards economie unity in a "Unit-

and I saw him standing near the

public entrance. I told him to put hie car in the stand with other cars, and he told me that it was Jockey Club property and he would

CHINESE NAVY. Training Fees To Be Paid

To Britain.

London, Yesterday, Replying to Capt. Peter MacDonald in the House of Commons regard to the ar- rangement made with the Nationalist Government of China for training the Chin- ese Navy, Mr. C. G. Ammon, Secretary to the Admiralty, stated that the Chinese Na tlonalist · Government WIS paying the actual cost to the British Government.-Reu ter.

Mr.

Forsyth walked

not shift. away."

His Worship: Were there other carà in there?

Inspector Nicol: Not then your Worship.

Very Old Friends.

Rugby, Yesterday. Dr. Lang. Archbishop of Can- terbury, who some time ago was ordered three months' complete rest by his medical advisers, left London to-day on route for the Mediterranean, where he will join Mr. Pierpont Morgan's yacht Corsair for a cruise.

He and Mr. Morgan are very old friends and will visit Pales-

tine together. The Archbishop, who is suffering from an acutely painful form of neuralgia, has re- cently made excellent progress toward recovery-British Wire- less Service.

[Dr. Lang, who was formerly Archbishop of York, succeeded the late Dr. Davidson, as Arch bishop of Canterbury in 1928. Consecrated-in-1901. His Grace- was formerly Hon. Chaplain to Queen Victoria.

Mr. John Pierpont Morgan is the famous American banker and philanthropist.)

over

Mr. Farayth: "You can't park your ear here will you put it there?" He replied: "This is Jockey Club property" and turned and walked away.

Asked If any other cars

"Not My Funeral." along to that parti-

Mr. Forsyth said that he might ed States of Europe," of which M. came

place, Inspector Nicol stimulate the Inspector's memory Briand is an ardent propagandist. cular

"Later ал Austin and point out that to his recollec- Hitherto there have been no replied: protests by foreign Powers here, Sevon, driven by a young lady, stop-tion that after he had told the Another complainant that the space WAS und none is expected in official ped for a few moments.

Club property. Inspector quartera, as it is contended that lady passenger got out of the car. Jock neither Austria nor Germany has spoke to the Indy driver and ex-Nicoll replied: "That's not my violated any obligations. Both re-plained to her that she could not funeral." tain entire economic and political leave her car there. She then drove Independence. Reuter.

Inspector Nicol said that, he away. Ore other car came along did not remember saying that. and parked there. The driver (a Mr. Forsyth remarked that it Chinese) got out of the car and was a pity and said that on the

TREASURY DEFICIT was going to the race course. I second occasion when he told the

IN THE STATES.

Was

explained to him that he could not Inepector that the ground park there, and after I had told Jockey Club property, he (defen- him for a few times, he took his dant) painted out that the car was Losses Due to Stockcar away, and put it on the stands." in nobody's way.

Referring to a point of law, His Market Speculation.

DECREASE OF INCOMES.

Washington, Yesterday.

No Obstruction To Cars. Mr. Forsyth said that the evid-Worship asked Mr. Forsyth how ence was substantially correct, but, far the Jockey Club extended, and bringing to mind the last hearing, Mr. Forsyth replied that the asked his Worship if he would re; Jockey Club property extended call that he (the Magistrate) had about 100 yards beyond the public asked the complainant if there tffin room. were any obstruction.

Magistrate's Decision.

A Treasury deficit of $700,000,- 000 is expected at the end of the fiscal year, June 30. Some indi- His Worship: Was there any ob- cation of the financial situation is struction in any way?..

Giving his decision, the, Magis- given in the Treasury estimates Inspector Nicol replied that trate said that the summons was for income tax collections for the there was bbstruction to pedo- taken out under the Vehicle and present month, which give strians, but not to the other motor 'Trafic Regulations and under that $209,000,000 compared with cars.

He added that there was a Ordinance, the definition of "rond" $559,502,000 for the same period large crowd on the day in question, was that it constituted any high- of last year.

and when it began to rain all the way, alleyway or other place to The incomes both of individuals people started to go to the place which the public had access, either or Intermittently, and corporations show a decrease, where Mr. Forayth's car was park-continuously

whether Crown property or other- the reduction of many of the fed under the verandah.

wise. The Governor in Council

Mr. Snowdon's health has so former being due to losses sus-: taxpayers through improved that it is now confident-tained by

The date was provisionally fix-

ed for April 14, but it may be GUEST OF PORTUGAL postponed for a week if necessary,

Only One Shower.

Mr. Forsyth submitted that the had power to control trafic. He.. ly believed that he will be able to stock market speculation facilities of the Jockey Club did not thought that the definition of present the Budget himself in Reuter's American Service.

allow for crowding at the entrance. "road" in the regulation: covered the House of Commons in April.'

To his recollection there was only very clearly the place where Bir. one shower, and that was the only Forsyth's. car was parked... occasion when the public bad to His Worship found also that, as take shelter from the enelpaure, fact, the Police had, and they had for some years, regulated the There was an occassional drizzle. traffle at the open parking, stands His statement was borne out by the official meteorological report, which during the race meetings. He saw stated that between 10 a.m. that that the Police had a right to re- day and 10 a.. the following day here was evidence that two cars.

gulate traffic at open stands. only .08 inch of rain-foll

to enable Mr. Snowden to make PRINCE OF WALES ACCEPTS his Budget speech.-Beuter.

JAIL FOR REBELS.

- FRAMED REPUBLICAN

MANIFESTO..

EX-MINISTER SENTENCED,

INVITATION.

TO STAY IN LISBON,.

Lisbon, Yesterday,

His Worship remarked that he were told not to park where Me. His Worship thought that the recorde were made Forsyth's car was.

It is officially stated that H.R.H. the Prince of Wales has accepted an invitation to be the guest of the at the Royal Observatory, Kowloon. understood that the public would Government in Lisbon on April 25 Replying, Forsyth said that, he soon have no more access to the

did not know whether the record open space, med

Mr. Forsyth explained that there was for Kowloon or for Happy was a store room under construc-

tion at present.

the law of nations. They did not submitted that the prisoners had Arthur Henderson, left London refer to the municipal laws of been guilty of depredation, in that today for Paris to attend a meet- China or of France.

they had made a prey upon certaining of the Committee appointed by Status of Pirates.

persons and goods.

the Council of the League of Na- The Chief Justice: Does it The Chief Justice asked what was tions in January last to organise mean that if the pirate is tried the exact definition of depredation, the work of the Commission of in the Court of the one nation, and whether it did not involve Enquiry Into a European Economic other nations will offer no objec- taking?

Union. tion?

I think it means that] The Attorney-General replied The Committee begins its sittings a pirate, being an enemy of all that anyone could be preyed upon in Paris to-morrow morning.- nations, no nation will extend its without any taking. He proceeded British Wireless Service. national protection to a pirate to quote authorities on the point. seized by another nation, and Later, counsel contended that the

A Court martial to-day sentenced Mr. E. W. Hamilton granted a Valley. A will be contant that the other local Court had Jurisdiction in deal- A Japanese poodle dog, belonging the Republican leaders, General week's formal remand in the Kow Mr. Ferarth then asked Inspec nation shall deal with him.ing with piracies, as International to Mr. Kanada, of Bowen Road, Burgete and ex-Minister Bamora, loon Police Court, this morning in tor Micol to describe exactly how

His Worship decided that on E Later, still dealing with the Law stated that the crime of piracy was sent to Kennedy Town for the signatories to the Republican respect of a case against Laung Yan he hailed him and the conversation

fs, point of law he had to rule against Bame, case, Mr. Alabaster Bald was Justiciable gaywhere, and, in usual period of observation, after manifesto of December, to alx Cholallas Leung Yu who is that took place, that it was sufficient for his pur- any/ Court. A

it had bitten Mr. Kanada's son on months' imprisonment a charged with stealing nine silver Inspector Nicol said that when . Forsyth, but he would take Dosa to state that the case of the Chief Justice was of opinion the left leg. The boy was taken to The trial had been postponed tea spoons from the Club-house of he first saw Mr. Forsyth he (de into consideration the fact that Kwok Ah-sing established the that the phrase meant that piracy the Government Civil Hospital for owing to the illness of the accused the K.B.3.3.P.A. at King's Park on fendant) was talking to Sub-Inep Mr. Forsyth had a claim to fact of Jurisdiction in Hong Kong,, was ineidetable by any nation. treatment:

Carpentar. Witness shouted to 1 there and administered a caution. Saturday last,

Beuter:

Madrid, Yesterday, "

and 23.Reuter.

A Point of Law,