1909-06-29 — Page 3

SUPREME COURT..

Monday, June 28th.

IN APFELLate JurisdicTION.

BEFORE THE FULL COCAT LEUNG SHUI KONG V, THE IMPERIAL DANK OF CHINA.

Judgmont on the appeal by Leung Shui Kong against the judgment delivered by His Honour the Chief Justies in this action was delivered by the Full Court yesterday.

Besers. M. W. Blade and H. G. Calthrop appeared for the appellant, while Mr. Orr appeared on behalf of the Hon. Mr. H. E. Pollock, K.C., for the respondents.

THE HONGKONG DAILY PRESS. TUESDAY, JUNE 29TH, 1909.

I alone. Counsel understood that the Chief Justice

was sitting alone as the Fall Court.

the syndicate arrangements were fudge. will endeavour to put this into more definite shape, which will serve as a minary of Kwok and Tam my opinion of the thought they saw a "good thing," but it was a good thing which was not to be had without some payment. They thought they could raise $60,000 between them and their friends; this was the extent to which they irenld go in cash, the mortgage would produce the rest for payment of the existing mortgages, for purchase of the property and to provide a building fund. The plan of itself learnt strongly towards under. valuation, but, on the other hand, it had to deal A enfloiently large fund to leave a with liability on the mortgagor to the Hip On, which was not apparently boyund his means.. very clever, That it was all worked out

shown from tile fact that they brought the amount paid to within $10.000 of what I call the true value. It is the aunt cuso, so common in cases which come boforo this court, of an attempt to build mountains out of the materials of mole-hills, to make a little do the work of much, of what is popularly known as the inverted pyramid. In this case the apex was 260,000 in cash, and it is tree that it was aufliciently substantial to have kept the pyramid in unstable equilibrium for some time, but the fact that this substantial sum formed the apex of the pyramid cannot invest the other main fact with virtue it does not possess. And that fact is that Tom Tez Kong, the member of the purchas

the manager of the ing syndicate, wak Hip On, and directly the question of a "good thing," of not giving the proper value for the own purposes cropped up, the syndicate's conflict of Interest and duty arose and the burden of upholding the bona fules of the sale was shifted on to him-that is to say, on him as manager of the Kip On. So I adhere to my view that the sale must be set aside.

The Chief Justice said the defendant in this notion was sued as guamater of one, Langly is KingTM Wo, ku officer in the Imperial Bank of China, deceased. It was impossible to make a satisfactorily concise samary of the facts of the cass, and it was hardly necessary, as tho defendant had judgment on all points in the action, vroopt one, and it was in respect of this part of the judgment that he was appealing Stated briefy, the point on which judgment west against the defendant was in respect of what were called the "King Kee accounts. He, the Chief Justice, had held that they were Lanug King Wo sprivate accounts with the Bank of Tientsin, which were overdrawn. He held further that the circumstances in which there accounts were

kept amounted to an admission by Leung King Wo as to their accuracy: that it was proved as far as such an account could be proved, and that the defundont was liable for

the overdraft

Then came the question of a which depended on the change in the nature of the duties of Leung King Wo from manager at flust to agent. Such a change in the usture of the duties of the person guaranteed would, in the absence of notice and assent, absolve the guarantor, hat it had seemed to him that if there was running through both offers guaranteed one common ground of fability, the reason for thie relief would coase to exist and the guamater would continue liable. The question had sasumed a consider able importance in the taking of the accounts consequent on the judgment, and it had become necessary for the defendants to challenge the principle on which he (the Chief Justice) had

The Chief Justice Intimated in judgment how I sat

Sir Henry Berkeley-As Full Court? The Chief Justion -No. Bir Henry Berkeley-Then a available judge of the Fell Court?

The Chief Justice-Yes.

my

the only

Mr. Blade-Or to put it in another way, as the only available Court in the Colony. The case was set down before you as being before the Full Court.

The Chief Justice-I don't think it matters much. Either there was no Full Court then or there is no Full Court now,

SHIPPING NOTES.

The Beport of the Harbour Master of Hong kung (Commander Basil Taylor, B.N.) for the year 1908 shows that while the number of ships entered and cleared (532,078) showed an increase of 24,478, as compared with the returns for 1907, there was a decrease in tonnage amounting to |1,413,069. The total tommage was 34,614,335. Of these totals 45,437 ships of 22,306,037 tons were engaged in Foreign trade, and were dis- tributed as follows ——

in nambera

per cent.

1908. 1907.

ing letter from Lord Charles Bereford waS Rend:-"I entirely agree with Bir Christopher Furness views sa to the necessity of training lads, to be seamen in British skips. We want British seamen for British ships, and there are far too many aliens in them to be safe or efficient if we are called upon to defend ourselves in a sudden war. Seafaring life brings out some of the finest characteristics of the British TBOG, Nowhere are these characteristics wanted more than in the mercantile marine when the men's loyalty, and duty, under often terrible difficulties and unforeseen circumstances, make the punctual delivery of our food supply certain to this country. The officers sad, men of tho Royal Navy thoroughly appreciate the loyalty,

Leave to appeal was granted on the usual British Ocean vesels represented 8.3 33.7 31.4 the duty, energy, enterprise, and pluck which conditions as to payment of costs.

A COMPRADORE'S LIABILITIES. An uppeal was began against the decision of the Chist Justice in the petion in which Mesars S. J. David and Co. proceeded against their compradore, Chan Ut Chla, to recover $648,816.

Messra, D. MaaNeil and C. C. Alabaster, instructed by Messrs. H. J. Godge and A. Jack, son of Messrs. Johnson, Stokes and uster), sppeared for the appellants (plaintifa), while Hen. Sir Henry Berkeley, K.C., and Mr. . W. Slade, instructed by Mr. J. Scott Hurston (of Moss. Ewers and Hurston), represented the defendants. “

Mr. MacNeil informed the Court that this was an appeal from a judgment delivered by the learned Chief Justice on December 23rd of last year. The action arose in the following circumstanses: Messrs. 8. J. David and Co. were claiming against their compradore sam of 3648,816 odd, which they said he had agreed pay them in respect of certain losses in The agreement upon which Messrs. David business which the firm had done with Chinese

the plaintiffs, reply subsequently Bleil by relied, as appeared from the terms of the Was to be found in two documents; one an instrument of mortgage made hatween a partner in the plaintiff firm, and the other an the compradore and Mr. Abraham Jacob David,

compradore. After referring to the pleadings, "greement made between the firm and the Bir. MacNeil stated that at the hearing learned connel for the plaintiffs produced these two comments and called a witness to prove the losses alleged in the claim, and to show how they were made up. Learned counsel for the defendant called no witnesses, and rested the conditions of his case entirely upon argument Sir Henry Berkeley-I did not abandon the as to the construction of the two documente

are so continually exhibited by the officers and 9.2 33.2 33.6 Foreign (con vessel

13.8 19.2 201 Ion of the mercantile marine in enrrying out British River Steamers

29 3.3 3.2 their work. In the Royal Navy these charac- Foreign River Steamers

0.8 0.3 teristica are generally known by the public; în 56.9 9.8 11.5

•Trading Janks.

the mercuatila maring they are often guhoard Steamships not exceeding 60 tons 8.9

100.0 100.0 1000 of, although so continually brought into play. Jay all good luck attend you in your patriotic objects."

The Barbour Master meutions the interesting fact that during the past twenty years the average tonnage of Ocean ressols visiting the Colony has risen from 1,186.9 tons to 2,2406

Another interesting comparison with the figures of twenty years ago shows the wonderful growth of the shipping trade. In 1888. 2,614 British ships of 3,265,751 tons entered the port, against 10,115 ships of 11,792,752 tons in 1908. For Foreign ships the figures ara, in 1888, 1,206 ships of 1,252,852 These Sgures are for Ocean and Rivor steamers, tons, and in 1908, 5,429 ships of 8,130,901 tons. which were

not distinguished in 1888, and Ocean mailing ships (not juuks). The be noticed, has been practically the same.. ratio of increase in both cases, it will

*

Vancouver's trade is enlarging so rapidly that accommodation by the construction of four new the Canadian Pacific is increasing its harbour large piers, the shortest of which will be 600 ft long. There piore will be fully equipped with mil tracks and freight aheds, chiefly in order te handle the increasing through traffle. Arranga ments have been made with the Bank Line to

dinu Pacifle steareers are unable to carry all the operate a servies of four steamers betweaz

traffic that is offered them. Vancouver and Yokchuma, as the regular Cans

did not admit of it, The Court was work such a way as to compel the Court to set it right to call witnesses. At the close of the the Hoi Sang, from the run, daring the year this is now to be utilised in maintaining the

Looking at the question on principle, the connection between setting aside a sale and compulsory redemption is very diffleult to follow. The mortgage has twe rights, a power of sale, or foreclosure; redemption is the relief which equity gives to stay the exercise of what would otherwise be an indefensible common to prevent the absolute jaw right. It forfeiture of the estate for breach of acted. He had intimated that in ordinary the condition, equity deeming it unreasonable vircumstances he should have had the point that the mortgagor should retain for his own specially argued on the basis of his judg benefit what was intended for a mere security.. Why then should the mortgagor be compelled ment on the other points, so that the question could be specially considered tree to redeem merely because the mortgagee has from all other matters, but circumstances exercised his power of sale wrongfully, and in ing treble tides, and he was compelled to side? The result would be that a wrongful give judgment against the defondant on this exercise of the power of sale would be equivalent point without being able to devote as much to foreclosure, and if redemption wars made the consideration either to the facts or the law as he condition of setting aside this salo, it would treat this setion for the recovery of the balance should have wished, and without calling on Donnsel for assistance. The argument on the of the loan as a foreclosure action, which it appeal had practically taken the place of the is not, and the plaintiff and the defendant as further argument which, if the time of the mortgagee and mortgagor, which they have all Court had been loss verapied, he should have along been most strenuously contending they required in the first instance. Now that he had are not. The effect of the judgment I gave is heard the question of law argued he found it that that revives, and with it the ordinary was covered-absolutely by authority, and that rights and obligations incident to a mortgage.

I maintain my opinion that in this case. the law as he had laid it down was wrong. The ose mast be governed by the authority of redemption should not be made the condition of The result is that the Bonar v. Macdonald (3 H. L. cases, 226) for setting aside the sale. the facts were in principle Identical. He was sale is set aside simply, which entails the follow- therefors of opinion that the judgment which ing consequences-First, that the relation of was entered for the plaintiff on this part of his mortgagor and mortgagee between Li Fo Yang and the Hip On is restored each with his normal rights. Secondly, that the question which Kwok Yik Ting has raised-Who is to compen sate him for the improvements which he has made and the expenditure Le has incurred in treating buildings on the property 9-must be answered in the following way. It does not concern Li Po Yung, at least et present. The mortgagee and Kwok Yik Ting have chosen to enter into a sale which has to be set aside, he and his par- chaser met arrangs matters between them as best they can. The question is not before us, and is irrelevant to the present action. The same remarks apply to the mortgage to the Hongkong Fire,

claim must be reversed with cute,

Mr. Justice Gompertz concurred. Sir Henry Berkeley applied for a stay of execution for three months.

Mr. Blade objected, as the plaintiff's were out of jurisation, and the defendante manat use the utmost despatch and energy in order to get

their costs,

The Chief Justice (to Sir Henry Berkeley)- You are a vory rich snd wealthy firm. Why do you want a stay?

Sir Henry Berkeley--To consider our position with a view to appeal.

Mr. Shade We are prepared to give on nadertaking to repay to them the costs if they are paid to us.

The Chief Justice-If a plaintiff out of the jurisdiction brings himself within the jurisdic tion he must be treated like any other plaiztiff.

Sir Henry Berkeley accepted the undertaking given by Mr. Blade.

THE HIP ON CO. APPEAL:

The decision of the Full Court was delivered on the appeal brought against the decision of the Chief Justice in the action in which the

I am quite satisfied, after the very exhaustive arguments that were addressed to the Court on the point, that my previous ruling on the matter of the release of Li Po Kam and its effect on Li Pe Yung was erroneous and must be reversed. The appeals of the plaintiffs and of Kwok Yik Ting are both dismissed with oats, and the appeal of Li Po Yung is allowed with

ocati

Mr. Justice Gompertz in the course of his

LEAVE GRANTED TO APPEAL TO THE PRIVY COUNCIL.

!

BABY'S AWFUL

CASE OF ECZEMA

Terrible Humour from Head to Foot -Had to be Wrapped in Cotton Wool Discharged Uncured After Three Months in Infirmary- Scratched Until Bandages were Soaked with Blood, DREADFUL DISEASE

CURED BY CUTICURA

"My little boy is barely two years old, and when he was about eight months old he had to undergo an opera- tion and have something taken out of bla face. But when the time came for the operation to take place he bad broken out with oczoren to such an ex- tent that he was one mass from head to foot and had to be wrapped in cotton wool, He was for three months in the -Infirmary under three doctors. They managed to get him sufficiently well to operate on him, but could not cure him, and at the end of three months turned him out with bis shoulders and top parts of his poor little arme one mass of thick scabs, so bad that they sent splints with him in case they would be needed. The worst places were, unfor tunately, just where all the weight of his clothes hung on them, and one had only to look at the child to know what he suffered. Though I put bandages on at night, he managed to rub or scratch them till he was soaked in binod and corrupt matter in the morning, and the rags had to be made wet to get them off, as they were stuck fast to the places. I got one each of Cuticura Soap, Cuti- cura Ointment and Cuticura Resolvent. From the very arst application he began to mend, and in less than a fortnight he was quite clear and now, at the end of a few wooks, it is scarcely possible to tell He cannot say where the places were: many words, but I was quite touched when he once abowed his arms, telling. me it had all gone," and the subject had not been mentioned, It has quite set him up and he is getting quite a nice strong boy, not a bit like he was. have recommended Cutleurn to several suffering with oczema. Mrs. F. Wobb, Alderton, nr. Towcester, Northampton- shire, Eng., July 3, 1908,"

Extra and Tolernal Treatment for Cor ofdren and Adults con- Bats of Cuticura Nord in Chase the skin, Cuticus Rhealyest Pals to Funts the Bipod. A Single Bet

Diabeat to Heal the Skic and CHLORET

droits nous the wart: Depota: London, arabou Farm & fue de is Prix: Los jap R. Luwan & Co.. Bylser; So. Attes, Lenno

De Ch. Corp., Boston. Post-tre

Om of Calicers, with book enskim diverso.

... Town, etc.. U. & A. Londe

54-23

GERMANS V. JAPANESE AT HANKOW.

A few days ago we published a telegram from

obstraction of Japanese trading in the interior our correspondent at Tokyo stating that the Japanese Consul at Hankow relating to the

on behalf of his nationals. The following, Foreign Office had received a report from the

interference of the German Consul at Hartson which is taken from the Jepan Herald, supplies

The principal toll-gate on the world's ocean consequently afford a very fair inder of the highways is the Saez Canal. Its annual returne A comparative table included in the report general trend of maritimo business. It is not shows an increase in British ocean shipping, surpising to and u appreciablo, decrease in The Harbour Mastor remarks £345,000, while at the same time expenditure catered and cleared during the year, of 113 ships revence during 198 The drop is as much as that this increase appears to indicate a very has increased by about £50,000. The shrinkage of 299,101 tons.

quarter of the year after the general depression fower ships paaned through the waterway. The considerable revival of trade during the last in earnings is, of course, due to the fact that for in each of the first three quarters decreases notual falling-off was 472 vessele, representing were shown as compared with the corresponding upwards of a million tous. But the tendency for the average tonnage of the ships to periods of 1907. British River steamers are shown to have decreased by 582 entries and increase made some further progress, and lances with a collective tonnage of 342,882 the average duration of the paseuge establish- tons. This deceses is due to the loss of two ed yet another record for brevity The large, regularly running, steamers, the Powan lessened earnings of the canal company do not cently reduced a special reserve was set up, and and Yingking, and the withdrawal of a third, affect the dividend, for when the dues were re- Foreign Ocean vessels have decreased by 489

no case. The case of the defendant has rested, plaintiff's case I moved the Court that they had ships of 325, 039 tons. This decrease is goneral, distribution. There is a suggestion in the the defendant did not go into that branch of the edly be attributed to the general-trade depression presently available to increase the amount of of China, due, it is alleged, to the unwarrantable construction of the agreements. Counsel for Japanese, and German flags, and may undoubt. quite separate, are likely to show a surplus therefore, entirely on argument as to the but is most noticeable under the Norwegian, report that the statutory reserves, which are about the negotiations which have been set on defence which has no relation to the agreements, throughout the world. Foreign River steamers profit available for dividend. Nothing is aid Upon those arguments as to the sonstruction of show a falling off of 13 ships of 10,927 to, foot for an extension of the canal company's the two documents the Chief Justice gave which is due to the laying up of several of these concession, but the subject is almost sure to be judgment in favour of the defendant, and it feels after the typhoon of July 27, in which raised at the annual meeting. As showing the the numbers and tonnage would have been con progressive tendency of Brez Canal administra from that judgment this present appeal is now

siderably in excess of those for 1907. The tion, it may be recalled that until quite recently being brought.

Mr. MacNeil, proceeding, said he did not actual number of individual ocean vessels of thore was a prohibition against the use of the feel it incumbent upon him to prove that European constraction entering during 1908, waterway by petroleum tank steamers. Last Chinese compradores guaranteed their cus tomers. And with the greatest possible respect a 745, being 365 British and 380 Foreign. your, however, some thirty of these vessels paned to the learned judge who tried the case in the The figures in 1907 were respectively 600, 362, through the canal. court below he should decline to search for and 430. Those 745 whips aggregated 1,824,237 occult principles on behalf of his clients. tons. They entered 3,991 times and gave & It did not seem to him, after having made some compared with 1907, 56 fewer ships of 36,006 attempts in this direction, that if one went ever

lesa tons, entered 191 fewer times and gave a so deep one would get farther than the old collective tonnage decreased by 15,013 tons. Common Law Mortgage. He respectfully anbmitted to the court that all the principles of law of mortgage which could be made sp plicable to the case of the plaintiffs in this matter had been placed before their Lord ships already, and if they had not he would endeavour to put them before the court. The effect of the Chief Justice's judgment was that

they were damaged. Had it not been for this,

collective tonnage of 7,452,498 tons. Thus

Bad trade and other causes have led to the bankruptcy of Mr. John White, a well- known London shipbroker of 23a Great St. Helens. In his examination the debtor stated that he had traded as a shipbroker for twenty years, and during the twelve years ended 1906 he had an average income of £6,000

a man accepted an engagement es compradore a year. During the last two years he had apon the expressed condition (a) That he shall anffered from ill health, for which resson he enter into a mortgage and into an agreement had been compelled to gradually discontinue making him responsible for all money owing the buriness. He attributed his failure to ander that mortgage; (b) And who has agreed liabilities for calls on shares and guarantees that his property should not be redeemed unless given on behalf of various companies, also to he paid certain lowes on Chinese contracts as had trade generally. The debtor roughly well as certain other monies; (0) Who has estimated bis liabilities at £15,000 and his amants agreed that his property could be sold if bey at £10, exclusive of shares to which no present value is attached. No offer being submitted, the did not pay monry owing on the mortgage; (d Who has declared after giving a power of sale, case was left in the hands of the Official Re that the power of sale could only be exercised by ceiver to be wound up in the ordinary course a person who was entitled to give a discharge of bankruptcy. for money owing on the morteage; (e) Who has laid it down that the mortgagees might

to demand payment in writing: (g) And who

•

ADMIRAL LAMBTON AND THE BACON LETTERS.

A MEMORANDUM TO. THE SQUADRON,

an explanation of the trouble-

Chinese middlemen of German export firms

st.

Hankow, which undertake the purchase of sesame in the interior of Honan-where German to travel for business purposes-bare domon traders are forbidden to establish branches er strated the fact that Japanese firms have founded stores contrary to Treaty provisions in Housh. these illegal proceedings they denennced theta to the Viceroy of Wadhang. In order to give Since they saw their business threatened by

more weight to their representation they associ ated themselves in thole matter with the export Bras with which they are related to persuade them to mai simultaneous representations tothe Viceroy. To gustinfarious actions in violation the interests of German merchants against

of treaties, the German Consul demanded of the Viceroy the withdrawal of the illegal Japanese trading-stations in the interior of Honan

Thom it is ascertained-

(1) That Japan and Germany both follow the

China, policy of Equal Rights and the Open Door in

Admiral Sir Hedworth Lambton, Commander. in-Chief of the China Squadron, writes:~~

Sir,The honour of the Admiral approved by

That there has been a transgression of Treaty the King to command the British Fleet in the China Seas cannot be a matter of indifference to His Most Gracious Majesty's loyal subjects re-right by the Japanese, since it is not a question siding in the Far East, therefore I trust you will of travelling merchants bat of the foundation

Hmite

(3) That the stimulus to this charge of viole- be able to find space to publish the subjoined of Japanese branch stores outside of Trasty Memorandum which I have felt it my duty to

tion of Treaty rights was given by Chinese traders. issue.

Your obedient servant,

HEDWORTH LAMETON.

King Alfred at Weihaiwei,

June 19th, 1909. Memorandume,

(4) That German merchants, as being the only foreigners injured, or at least boing those most injured, by this violation by Japan of commercial policy in China recognised both by Japan and Germany, bave insisted on the unre anteeing of Treaty rights and have establishementa. demanded the withdrawal of the Japanese

I have the honour to draw the attention of following question and answer in the House of Captains, Officers and Ships Companies to the Commons on May 10, which enabled the (5) That German Consulate would never Admiralty to accede promptly, justly, and have undertaken to support this demand in the honourably to my telegraphic request of name of the German mercantile community had May 7 that my honour should be publicly there not been an obvious violation of Treaty

rights. vindicated:

"Mr. Brooke (L., Tower Hamlets, Pow and whether, having regard to the statements.

Bver regarded Vice alleged to have been quoted from a private letter of three years ago to the First Bes Lord,

in the Naval Service." the Admiralty have Admiral Bir Hedworth Lambton as an agitator

Mr. McKenna replied that the Admiralty agitator. His record is most distinguished, and have never regarded Aduiral Lambton as an the high appreciation in which his service, both in peace and way, have been held by succeive Boards is shown by his rapid advancement and

ably interpreted as an allegation that admiral loug succession of Important appointments. No statement in the private letter can be rosson Tanbion was an agitator

The Times newspaper reported Bir George concerning Captain specch

to Bir John Fisher con- Armstrong's Bacon's letter

WEATHER REPORT

The Hongkong Observatory yesterday issuol the following report:

On the 28th at 12.05 p.m.-The barometer that area yesterday, having passed to the Pacific. The Mancharis depression has moved into Pressure has given way quickly over China has risen in 8. Japan, the depression lying over

the N. part of the Bea of Japan. owing to the appearance of a depression over the Yangtze Valley. It appears to be moving towards N.E.

The highest pressure is shown over the S. part of the China Sea and the Pacifio to the Eastward of the Philippines

Strong 8.W. winds may be expected in the Formosa Channel and along the northern shores of the China Sea.

Hongkong rainfall for the 24 hours ending

Hip On Exchange, and Los Co., Ind., and the judgment sald-It follows that, in my view demand payment; (f) And if they did it, were time the cubic capacity of skips built in German Bromley) asked the First Lord of the Admiralty Hongkong and Manila Taen Shing Exchange the sale should only be set aside an certain and Trading Co., Ld.. were appellante, Li Po

terms. It would no doubt be convenient to Yung being respondent.

settle the decree in Chambers, but I think the The Hip On and Ynen Shing Companies were represented by Hon. Mr. H. E. Pollock, proper order might be outlined as follows: (1) An account to be taken of what is due under the K.C., instructed by Mr. H. L. Dennys (of mortgage for principal and interest; (2) An Mesars. Dennys and Bowlby); Kwok Yik Ting inquiry as to what allowance Kwok Yik Ting was represented by Hon. Sir Henry Herkeley, should have for improvements, which have K.C., who was instructed by Ms. B. D. Atkin increase the value of the property; (3) Li Po son (of Mesara, Deacon, Lupkor and Deacon); Yung to be credited with an occupation rent of Li Po Yung was represented by Messrs, M. W. the annual value of the miniproved land, as Slade and E. Potter, who were instructed by from the date of the sale. Mr. F..Paget Hatt (of Messrs. Brutten anđ Hett). Li Po Kam was represented by Mr. H. G. Calthrop, who was instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist).

In the course of a lengthy judgment the Chief Justice said:--I shall not dwell on the facts of the case at any length, for I find that my opinion of them has not varied since I heard the ease; reflection has indeed only strengthened Mr. F. B. L. Bowley (Crown Solicitor), applied it Ishall for the sake of brevity only refer for leave to appeal to the Privy Courvil. to ons plaintiff, the Hip On, and to its Sir Henry Berkeley stated that this was an manager, Tam Tay Kong. The case of the application for leave to appeal to the Privy- other plaintiff company, the Yuen On, and of Council against the judgment of His Honour its manager, Ng Li Hing, it practically the Chief Justice. It would be within the identical. I have called the transaction be recollection of His Honour the Chief Justice tween Kwok Yik- Ting and his friends, among that this action was originally sat down to be. when was TARE Tsz Kong, and Tam Ter heard before the Full Court, but owing to an Koag in his capacity as manager of the objection taken by Mr. Fastice Gomperts the Hip On, the plaintif, company, kogus, and`sation was heard by the Chief Justice sitting

According to recently pablished official statis yards increased from 175,097 registered tons in has specifically contracted in the agreement to 1907 to 263,036 registered tons in 1908. In be fully responsible for all monies and losses this connection it should be noted that the mentioned in clause 8, except one loss which is number of ships built has increased from 274 nowhere mentioned in the other agreement to 802, from which figures it is evident that the except in general words which cover equally construction of small ships has greatly increased. losses on Chinese contracts; (h) That $85,000 The construction of large ships, and especialy of should be held until he has paid what is large ships for foreign countries, has decreased owing under the mortgage to the firm's satisfac- considerably during the last few years. During tion. The effect of that judgment was that a the year 1896 57 ships with a cubic capacity pay anything under the mortgage," and that, person in those circumstances had not agreed to of 33,756 tons, and in 1900 59 ships with a subie Counsel submitted, would be a difficult finding capacity of 41,133 tone, were built in Gorras yards for foreign countries. In 1906 the cubic for their Lordships to support.

capacity of such ships decreased to 29243 tons, The case stands part beard.

and in 1903 to 16,707 tons. The number of taining the offensive pharaen I objected at 10a.m. to-day, 0.00 inches. these ships built was 146 in 1905 and 8 in to, Service agitation headed by Lord 1908. These figures indicate that only swall ships Charles Foresford and Admiral Lambton," and countries. During 1906 not s singla foreign the House of Commons on the subject, but for are now built in German yards for foreign also published Mr. McKenna's explanations in matter is of great interest to all those who battleship was built in a German yard. In reasons best known to itself, although the foreign yards during 1908 184 ships with ecabic cherish respect for the time-honoured traditions capacity of 92,947 tons, as compared with 119 of the Navy, has omitted the above vindication This unfortunate omission on the part of The ships with a cubic capacity of 122,845 tons in of myself by the Admiralty.

Times, to which jónreal many people trust for 1906, were built for German account.

their Parliamentary intelligence, necessitates The number of aliens in the British mercantile my issning this femorandum, which is to marine was stated by Admiral Fremantle remain on the notion boards of each vessel in the recently to be 40,000, and he added that these China Fleet for one week after receipt on board.

HEDWORTH LAKETON, Vice-Admiral and Commander-in-Chied Of the 30 cases returned from the City of foreign sailors received £2,000,000 in pay, which Victoris 6 were imported from outside, the went out of the country. At the same gathering. To the Commodore, the respective Captains at which these statements were made the follow Colony and 2 at least camo Kowloon.

In the action in which His Excellency the Governor appeared as plaintiff, claiming for the performance of a specific contract, and in which

HONGKONG FLAGUE "STATISTICS.

We have been furnished with the following His Bonour the Chief Justics entered judgment table showing the distribution of plague this for the defendant, Hon. Sir Henry Eerkeley, season in the Colory of Hongkong — K.C., Acting Attorney-General, instructed by

Kowloon City. Old Kowloog

Yanmasi... Taim Sha Tsui Tai Kok Tsui Hung Hom Quarry Bay..

Harbour..... City of Victoria

311

802018

from

:

and all concerned on the China Station,

The forecast for the 24 hours ending at noon

8.W. windo C

rain later.

today is as follows:— Hongkong & Neighbourhood

Formoss Channel.

Hongkong and Lamocks: South coast of China between Bouth coast of Chins between Hongkong and Hainan...

strong; squally,

Same as No. 1.

Same as No. 1.

Same as No..1..

HOW TO BE BEAUTIFUL-Keep your dom plexion, Mrs. Ellen's Créme Charmante, Imit Charmant and Special Skin Tonic and Pozdro Charmant will enable you to do it, Specialities for the Skin are the study of a lifetime. A. S. Watson & Co. Ltd. Sole Agenta

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