173
ture than is customary. The explanation the fall in exchange, which affected the accounts in every department of the Government service. The estimates for 192
were based on a rate of 38, 4d, and the average for the year is 2s. 8d. 1 might mention that. against this sum of $1,001,262.12 is offset a considerably larger Faring of some 2 million dollars in the five main heads of expenditure which are not shown in this Bill.
The ATTORNEY-GENERAL seconded, and
the Bill was read a first time.
THE INDEMNITY BILL.
PETITION PRESENTED BY LOCAL SHIPOWNERS.
THE
The owners instruct us they have also had a number of meetings amongst them- selves, at which the Government's pro- posals have been most carefully consider- ed and discussed.
The owners have come to the conclusion that the remuneration offered by the Government is not only wholly inadequate hut must result in a heavy loss to the
owners.
HONGKONG DAILY PRESS, FRIDAY, AUGUST 4, 1912.
By a
of Arbitration
Proclamation in the London Gazette of the 14th August, 1914, certain persons were appointed to the Board contemplated by His Majesty's proclamation of the 3rd August, President and Mr. William Walton as 1914, and Lord Morsey was appointed as
Vice-President.
BBB:-
assess
Should the above scheme have been either by mutual agreement between the Lords Commissioners of the Ad-brought into operation under the powers miralty and the owners, or failing such referred to in (a) above it is obvious agreement, by the Award of a Board from the decision in The China Mutnal of Arbitration to be constituted and Steam Navigation Co., Ltd. r. Maclay re- ported in 1918, I.K.B. page 331 that appointed for the purpose.
although the Board of Arbitration re- ferred to in the Proclamation of the 3rd August. 1915, might have powers to assess the remuneration on a requisition basis it clearly has no power to Each of the owners has, in respect of
the remuneration and compensation under his ship, made out a working account,
the above schenie has been brought into the above scheme consequently whether hased on the previous working expenses of his ship, and each individual item,
operation under the legislation referred although approximate only, can be sub- By an Order-in-Council dated the 28th to in (a) above or under other legislation stantiated by the owners' hooks, which of June, 1917, by way of amendment to not referred to in this letter or merely books the owners are prepared to pro-the Regulations called the Defence of
on the basis of negotiation our clients duce for inspection to the Government at the Realm Regulations" under the De feel further justified in suggesting that fence of the Realm (Consolidation) Act His Excellency might possibly see his way any time. The ATTORNEY-GENERAL
to communicate with the Home Author the moved
We enclose herewith working accounts 1914, it is provided by Regulation 39
ities and obtain the necessary power to second reading of the Bill intitued An of the steamships Telemachus, Pheum- Haimun. Brisbane, Wollowra, Ordinance to restrict the taking of legal penh.
1. That the Shipping Controller may appoint a Board of Arbitration here for make orders regulating and giving directhe purpose of fixing the remuneration proceedings in respect of certain acts and Manapouri, Castlefield and Patriot.
From natters done during the war and to pro-
a perusal of such working tions in respect of the nature of the and compensation to be paid to the own- vide in certain cases remedies in sub-accounts it will be seen that when the trades in which ships are to be employed, ers under the above scheme, and in the stitution therefor.
remuneration proposed to be paid by the the traffic to be carried therein, and the event of such a Board being appointed, Government is placed against the working terms and conditions on which the trade our clients consider that their interest expenses, the result is a very substantial is to be carried, the ports at which cargo should be fully represented on such a monthly loss in each individual case. is to be loaded or discharged or pas Board, and that they should have full opportunity of placing their Unless the Government are prepared sengers embark or disembark (including a
before such Bowrd. In Con- to very substantially increase the re-directions requiring ships to proceed to views
this with
suggestion. Our uneration, bankruptcy or liquidation specified port for the purpose of loading nection
or unloading cargo or embarking or dis- clients desire to state that they do will be the inevitable outcome.
From a perusal of the working accounts, embarking passengers) the ports at which not consider that the present members | the result appears to be as follows:- consignees of cargo are to take delivery of the Sub-Committee here of the 8.8. Telemachus a monthly loss of $3,211.65 thereof, the rates (maxima or minima) London Shipping Controller are in a
,, Pheumpenh
4,735.7% to be charged for rates or hire of ships position to fully or adequately represent 2.849.69 and the carriage of passengers, the forin our clients' interest or that they should Furthermore, 997.00 of bills of lading and passenger certi- called upon to do so, 4,295,50 ficates, and other matters affecting ship our clients feel that a local Board of 948.00 ing where it appears to the Controller Arbitration is essential as local conditions 595.75 necessary or expedient to make such must be taken into consideration. Patriot a very substantial loss in view order for the purpose of making shipping Our clients desire as to state that it of the requisition of the ss. Wol- available to the needs of the country, in is not their desire or intention to oppose lowra.
such manuer as to make the best use or hinder the Government in any way The owners desire us to represent as thereof having regard to the circum-butto secure for themselves just, strongly as possible to His Excellency the stances at the time, provided that any reasonable and adequate remuneration Governor, the vital necessity of pro-order made under this Regulation shall and compensation under the circum- pounding a new scheme whereby a very have effect subject to any Regulations stances, much higher remuneration is allocated to made or Orders given under Regulations the owners, and desire usto point out 37, 38 or 39.
The COLONIAL SECRETARY seconded, The ATTORNEY-GENERAL: Sir, certain interested persons wish to be heard by counsel upon this Bill and I beg to move that they now be so heard. Tapio Hon. Me, E. V. D. PARR: I second
He
**
Haitaun
Brisbane
11
The resolution was carried. M, C. G. ALABASTER, O.B.E., barrister- raw, then addressed the Council. said: May it please Your Excellency, and honourable members of the Legislative Council, I propose, with your permission, fo follow the practice that was adopted when counsel was heard on the Rents Bill and to read the petition which has been presented to-day. supplementing ib, if necessary, by commenting on it as
read it.
different nationalities, some connected
regte with it.
Counsel then read the salient para graphs of the following petition:--
PETITION.
Wollowra Manapouri Castlefield
owners
time.
This letter is written without prejudice to the owners' rights in every respect and must not be construed as an adinission
ir. Your obedient servants, in any way. We have the houfour
be
(5d.) DEACON, LOOKER, DEACON, AND
HARSTON. The Honourabile Colonial Secretary,
1. On the 1st day of May, 1918, our
said Solicitors addressed the following letter to the Honourable Colonial Serre-
tary:
SIR,-
Enel.
Scheme.
1st May, 1919.
re The Hongkong Shipping Control
We have the honour to enclose here- with copy of a letter which was received on the 25th April last by the Secretary of the Ship Owners Protection Associa tion of Hongkong from the Secretary of the Shipping Control Committee.
The enclosed letter received the con-
The PRESIDENT: I think, perhaps, as a printed copy of the petition is in the hands of hou. members it will be unneces- sary to read every ward.
that it is most inequitable Led the ship- -Any Order made ader this Regular Mr. ALABASTER : That will perhaps ping trades of this gnga, koudtion may contain such provisions as to selected as the only jastry to be taxed.entry inspection of books and documents shorten it, but my instructions are to
It is well known and has often been pro-ur otherwise as may appear to the Con- oppose this Bill and to protest, in so far nounced by His Excellency the Governor troiler necessary or expedient for the as it is possible to protest. This is that the shipping at Hongkong is the life purpose of his duties. petition of a considerable number of blood of the Colony, that without ship. steamship companies, some registered inping this Colony cannot exist.
The Shipping Controller may by Hongkong and others in Shanghai: with The owners feel certain that His Ex-order requisition or require to be placed shareholders, men and women-of many cellency will appreciate the extraordinary at his disposal, in order that they
competition which British shipping has to be used in the manner best suited to the with the Colony and some wholly uncon-contend with in the Japanese shipping, needs of the country, any ship, or any that unless sufficient inducements are cargo space or passenger accommodation shown to British shipping enterprise the in any ships, or any rights under any same cannot be expected to flourish. The charter, freight engagement, or similar consider that British shipping contract affecting any ship and require Companies should not be penalised in ships so requisitioned to be delivered to these times when Japanese shipping Com-the Controller or any persons named by To the Hon. Mr. CLAUD SEVERN, LL, D.,panies are building up enormous reserves, him at such times and at such places as the Officer Administering the Government and will, unless British Shipping is well the Controller may require, where it of the Colony of Hongkong for the time fostered, become invincible competitors appears to the Controller necessary or being and to the Members of the Legis in the not distaut future, especially in expeditent to make any such order for lative Council of the Colony of Hong the Far East.
the purpose of making shipping available kong.
for the needs of the country in such In view of the working accounts en- The humble Petition of:--
closed herewith, in respect of which the manner as to make the best use thereof sideration of the Committee of the Ship Messrs. The Douglas Steamship Co..owners invite full and complete investi having regard to the circumstances of the Owners Protection Association of Hong- kong this morning who have instructed Ltd., owners of the steamships gation, the owners hope that His Excel- Haitan and Hailong.
lency the Governor will see his way to Such compensation shall be paid in us to state that in view of your letter of the 24th April last No. 2,186/1018 they Messrs. Moller & Co. (Shanghai). Ltd., very substantially increase the remune respect of the use of the ship or cargo
of Shanghai, owners of the steam, ration now offered.
space passenger accommodation re- prefer to address any communication Manapouri and Castlefield
quisitioned under this Regulation and for which they may desire to make either to Mr. Fletcher or to Mr. Carey because how called Lindsay Moller and
service rendered during the use thereof, Ralph Moller respretively).
and for loss or damage thereby occa- unless they have a representative on the Alessis
sloued as in default of agreement, may be Shipping Control Committee they cannot determined by the Board of Arbitration see their way to make any communication constituted under the Proclamation of the to such Committee as they do not con- sider their interests are adequately re- rd of August, 1911, respecting the re-
presented or protected in regard to com- quisitioning of ships by the Admiralty.
(6) By a Proclamation published inmunications made to such Committee at the Hongkong Government Gazelle on the moment and they are of opinion having the 5th August, 1914, bring into opera- regard to what has recently taken place tion the Order-in Council of the 26th that they are justified in the position now
taken up by them. October, 1896, it is provided-
6.-The Governor may require any The Ship Owners Protection Association animals, of Hongkong desire to again put forward person to supply any vehicles, ships, boats, or other per-a request for representation on the Ship- sonal property belonging to or ping Control Committee which the Ship under the control of such person Owners Protection Association of Hung to the Government, if such pro-kong venture to think now has the sym- perty be required in aid of or in pathetic support of certain members of Connection with the defence of the the present Shipping Control C'onanitter. Colony, and, in default of the per- We have the honour to be. Sir, Your sou supplying the same, may seize obedient servants, and take possession of and retain such animals, vehicles, boats Or other personal property for such The Hon. Colonial Secretary, purposes.
The owners, whilst being desirous of assisting the Government in every pos-
sible way at this serious juncture, con-
Carmichael and Clarke of sider that their present request is not Longkong, representing the owners only reasonable, but such as they are of the steamship Brisbane.
justified in putting forward and pressing The Luen Hing Steamship Co., Ltd., of under the present circumstances,
Hongkong, the owners of the steam-} The owners desire to make a further ship Pheumpenh.
request which they deem of vital im- The Lai Hing teamship Co., Ltd., ufportance to their interests, which is that Hongkong. the owners of the steam-a representative from amongst their ranks ship Telemachus.
be appointed by His Excellency the Gov. The Po Shun Steamship Co., Ltd.. of ernor to the sub-committee of the London Hongkong, the owners of the steam- Shipping Controller, and of his Deputy -hip Haimun.
in the Far East, The Wollowra Steamship Co., Ltd., of
Shanghai, the owners of the steam ship Wollowra.
Un Man Cheun of Hongkong, the owners of the steamship Lien Shing. Sheweth as follows:
I. for about the month of March,
1918, the Government of Hongkong noti
fied your, Petitioners of their decision to
This letter is written without prejudice to the owners' rights in every respect, and must not be construed as an admis- sion in any way. We have the honour to be, Sir, Your obedient servants,
(88.) Deacos, LOOKER, DEACON AND HALSTON
The Hon. Colonial Secretary,
SJR,-
19th, April 1918.
3. On the 19th day of April, 1918, our bring the said steamships under Hong said Solicitors addressed the following kong Government control. Your petition-letter to the Honourable Colonial Secre ers whilst protesting in every possible tary :- way did not oppose the action of the Goverment of Hongkong at the time being contented, having paid under pro-|
re Hongkong Shipping Control Scheme, test the moneys demanded, to leave the
We have the honour to acknowledge adjustment thereof to later date as receipt of your letter of the 15th instant, your petitioners considered that their No. 1 in 3456, 1916. ships were required for furthering the
We have placed the above letter before interests of the British Empire in the our clients who are the owners of the late war and understood that moneys ships referred to in our letter of the 11th received by the Hongkong Government instant. by reason of such action would after making adequate compensation to the owners be remitted to England and used in connection with the late war.
2.-On the 11th day of April, 1918, our Solicitors Messrs. Deacon, Looker. Deacon and Harston addressed the following letter to the Honourable Colonial Secre fary:-
Our clients much regr that His Ex- cellency campt see his day to increase the proposed remuneration. because, as you state, His Excellency is at present bound by instructions from home, but our clients note with pleasure that His Ex- cellency is prepared to anist our clients in every possible way.
Our clients are at prosent unawar
what legislative authority the above scheme is being carried out, and would be grateful for some enlightenment on the subject.
under 11th April, 1918, SIR,-We have the honour to address you with reference to the bringing under Government control of all steamers flying
As far as we ourselves are aware, there the British flag which have not yet been requisitioned for Imperial service, and are only two legislative authorities under whose ports of registry are either Hong-which such a scheme could possibly be kong or Shanghai,
brought into operation, and they are as follows:-
mun,
We are instructed by the owners of the steamships Telemachus, Pheumpenh, Hai- Brisbane, Wollowra, Manapouri, Castlefield and Patriot to represent their interests generally, and particularly as to the remuneration which the Govern- ment propose to any under the above scheme.
The owners have now had the advan- Lage of considering the information which was imparted by the Assistant Colonial Secretary at the Meeting at the Sanitary Board Office held on the 28th March last, when they were informed that the Gov ernment propose to pay the tramp Blue Book rates, as to one third thereof at an exchange of 2/- to the pound, and as to the balance at the rate of exchange of the day of payment, plus 2/8 per ton for Eastern service, and 5 per cent, on the net profits in consideration of the services of the owners in running the ships on behalf of the Government.
or
(S.) DEACON, LOOKER, DEACON, AND HARSTON.
5. The Ship Owners Protection Associa- 12. The Governor shall, out of the tion of Hongkong which was and is au
public funds of the Colony, pay to
Association for the protection of our every person who shall be required interests with reference to the aforesaid to do any personal service by Government control scheme were never virtue of this Order such remune-
B.
ration and to every person whose permitted to have a representative on the Shipping Control Committee nor were we property shall be taken or tem-the individual shipowners represented porarily taken possession of or re-
moved or destroyed by virtue of whereas the Committee in question was this Order such compensation as substantially composed of representatives shall be agreed on between the of Shipping Companies in direct opposi Governor and such person, and in tion to us. default of agreement, such remune- 6. The said Steamships were then and ration or compensation as shall be are now on the Hongkong or Shanghai awarded by the Board hereinafter registers. The position bring as follows: mentioned whose award shall be S.S. Telemachus Hongkong Register. final.
S.S. Phempenh S.S. Haimun
amount
Order.
OT
S.S. Brishane
S.S. Wollowra
S.S. Lienshing
33
.S.S. Mauapouri Shanghai Register. 8.S. Castlefield
For the purpose of determining the
remuneration of any compensation payable under this the Governor shall appoint a Board consisting of five persons, of whom one shall be a Judge or Stipendiary Magis
7.- Thereafter the said Steamships were trate, two shall be officers either taken under the said control and the in the Civil Government of the Hongkong Government received in respect Colony or in His Majesty's naval
or military service and the other of their earnings large sums of money two shall be inhabitants of the which sums the Government stil retain Colony. All questions referred to against the will and consent of your Peti- Further your Petitioners know the said Board shall in case of a tioners. difference of opinion. he decided that the Home Government do not require by the votes of the majority of the the said moneys and have so informed the members. The Judge or Stipen- Hongkong Government. diary Magistrate shall be the Chairman of the Board.
(a) Under the Proclamation in the London Gazette of the 3rd August, 1914, the Lords Commissioners of the Admir- alty by Warrant under the hand of their Secretary, or under the hand of any Flag Officer of His Majesty's Navy
8. The said sums were not required in holding any appointinent under the
aid of or in connection with the defence Admiralty, are entitled to requisition and take for service any British ship Should the above scheme have been of the Colony or of the Empire or used or British vessel as defined in the Mer brought into operation under the powers for the purpses of the prosecution of the chant Shipping Act, 1894, within the contained in the Proclamation in the war now happily ended.
9. In the Financial Statement for the British Isles or the waters adjacent Hongkong Government Gazette of the 5th thereto, for such period or time as may August, 1914, bringing into operation the month of February, 1921, published in he necessary, on condition that the Order-in-Council of the 20th October, the Gazette of the 27th May, 1921, under is the item owners of all ships and vessels so re- 1896, in view of His Excellency being the heading Liabilities quisitioned shall receive pay for their prepared to assist our clients in every "Shipping Control Account $2.231,204.11." 10. The retention of the said sum by use and for services rendered during their way in his power, our clients feel justi employment in the Government service tied in suggesting that His Excellency the Government is not warranted by any and compensation for loss or damage might be prepared to appoint a Board for Act of Parliament, Ordinance, Order-in- thereby occasioned according to the the purpose of fixing the remuneration Council, Royal Prerogative or other law term to be arranged as soon as possible and compensation to be paid to the ful authority. after the said ship has been taken up, owners under the above scheme.
(Continued on page 5.)
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