CO129-483 - Others & Individuals - 1923 — Page 498

A

HOTLER & CO. (SHANGHAI) LIMITED, In Liquidation.

Statement of case.

*

492

за

!!

mount's that be camanth (wom

any Requiry into the use to which

Got the camo sho

Spot

requisitioned from Moller to

(Manghai)

Lod

ي است يا الله

we

to Gand form's wal

do

regards the allegation that

the legal foceedings agains

the Part, of reflong

OLD ESTABLISHED

SHIPS COMMAN DEERED MARCH 1918.

ILLEGAL USE.

фито

PROOF AVAILABLE.

of aged

at the request of that gut, to

comment be made to

the roff for this fun for Laranging

a mettlement that the delay i after the Co, became enyent to the provisions of

Indemnity Crodes,

the

this Grace will

refer the matter to the Tas of Aptoms

obene.

(Signed) H. J. READ

PROTESTS.

LIABILITY TO OWNERS FORESEEN BY HONG- KONG GOVERNMENT.

GOVERNMENT REQUEST OWNERS TO STAY PROCEEDINGS.

CWNERS STAY PRO- CEEDINGS WITHOUT QUESTION ING THE GOOD FAITH OF HONG- KONG GOVERUNT.

Concem established 65 years ago.

Ships commandeered under Hongkong Govemments authority to do so for war purposes; Owners gladly no- quiesing.

Ships were in fact not used for war purposes at all (either directly or indirectly) but sub-let to China Coast Charterera (competitors) by Hongkong Govemment at mormous profits over Blue Book Rates; which procedure was illegal under existing legislation.

Conclusive proof of above facts can

be established.

Owners (who acted as agents for the Government) protested repeatedly and in December 1919 instituted a test action in the Courts.

On 20th January 1920 the Colonial Secretary said in the Legislative Council:-

"The Government, in view of the ac- tion taken, which may in time come before the courts, do not feel in a position to spend any of those profits on the proposals until the courts have finally dealt with the matter.

Hongkong Government (through the Ship- omers Protection Association) re- quested Owners to stay proceedings in order that the matter could be settled amicably and without litigation; clearly indicating that it was possible to arrive at some mutually satisfactory settlement. No other purpose was in- dicated.

Mr. 8. T. Williamson (Chairman of Shipowners Protection Association) agreed, on behalf of the Owners, to this request, whereupon the Hongkong Goverment proceeded to pass an Ordinance making legal the previously illegal procedure of the Government.