1913-03-08 — Page 4

Cather Falmer

&

•The Wine Merchany of the last

INAPIER

JOHNSTONE'S

14

SQUARE BOTTLE "

WHISKY.

UNVARIED FOR OVER

150 YEARS,

THE SAME TO-DAY AS IN 1745.

BEWARE OF IMITATIONS. SOLE AGENTS IN HONGKONG

LANE CRAWFORD & CO.,

and from Axt WINE MERCHANTS.

174

The Voice of the Physician.

Nottingham, th May, 1911. **I use and greatly enjoy Flasmon Preparations, and a member of my family kasued Plasmon with great benefit, having gained 9. lbs. in weight and far more Than 29 in appearance."

M.Di

ANALYSIS

CANNOT LE and Analysis provna that.

PLASMON COCOA

yields greater cocos PLASMON is used by the ROYAL FAMILY

·PLARION BYD, London, England,

Delicious Beverage of much viritive value than ordinary Brilish Medical Ini,

MARTIN'S APIOL ASTEEL

JA SZEMAŽ DAJLady for ali Izaguineizies CheatEn 60 Ending SIRIUS NO W. BAR Of Bearing Pills in khu hanas, 10 384) en 156 Snø

KRAJ KANG MAAay be chalkleberat. Ţique whi

· ME UNE PODommend. Anas, kremsa Bratz ausz KN VAN Ali Öznesinig and Storms anti kons Muradónk the world, or goed best Bla

MARTIN'? D

PIOLSSTEL

MY WORD!

KEATINGS

FLEAS BEETLES MOTHS

Rowland's Macassar Oil

FOR THE HAIR.

Preserves, Beautifies Restores it Clonely resembles the natural vil in the bar, which nature provides for Ete preservation. No other article possesses this property. Without it the hair becomes dry, thin, and withered Poor hair mars the effect of a beautiful face. Good hair adds charm and interest to a plain onn; every Tollet Table should possess this oil.

LADIES should always the it for their on Hofr td for their Children') Hair. as it lay the foundation of a luxuriant graatk. Golden Colour - foe fair, hair. Of Stores, Chemists, and ROWLAND'S, 67, Batton Garden, London. Avoid cheap worthless duitations? : buy only Rowland's

SAVARESSES SANTAL

7CAPSULES

PHYSICIANS RECOMMEND THEM •. MADE IN LONDON • OF ALL, CHEMISTS

76-1

EXPORTING OPIUM.

INTERESTING MAGISTERIAL

DECISION.

THE HONGKONG DAILY PRESS, SATURDAY, MARCH 8, 1918,

Mr. F. A. Hazeland, First Magistrate, delivered the following important judg ment yesterday:-

The defendant was charged before me with respect to the following three charges: Firstly, that he unlawfully did baro in his possession 325 taels of prepared opium without a valid certificate on the 4th January, 1913, contrary to Section 35 of Ordinance 23 of 1909 Secondly, that be on the 4th. January, 1012, unlawfully did export or attempt to export 325 taels of prepared opium from the Colony to a country or place, to wit, the Philippine Islands, which prohibits the import of prepared opium and dross opium con trary to Section 38 of Ordinance 23 of 1909, Thirdly, that he on the 4th Janu ary, 1913, at the Taikoo Docks in this Colony unlawfully did export or attempt to export 325 tacls of prepared opium to a country or place to which it is unlawful without obtaining the permission in writing of the Superintendent of Imports and Exports contrary to Sections 37 and 90 of Ordinance 23 of 1900. The facta of the case are shortly those On the 4th January last at 8 p.m. the defendant was found inside the gate of the Taikoo Docks carrying a basket. In The basket were found 05 tis of opium. On the said 4th January there were at

Docks the Taikoo

twelve merchant steamers, also a man-of-war of the All the United States, the Wilmington, morchant vessels were destined to pro- hibited ports, but not to the same country or port. Evidence was adduced to toe effect that the Wilmington came to the Taikoo Docks on or about the 12th August, 1812, and could not possibly leave until about Anguat next.

On the evi- dence I found as a fact that the opium, the subject matter of the case, was being conveyed to one of the ships lying at the Docks with the intention of exporting

WM. POWELL

LTD.

TELEPHONE 346.

CURTAINS

MADRAS BOOK MUSLINS. MUSLINS.

IN

NOTTINGHAM LACE.

NEW AND ARTISTIC PATTERNS.

HOUSEHOLD LINENS.

OLOTHS AND NAPKINS TO MATCH.

WILLIAM POWELL, LTD.

TO LET

ROKKUSAN.

Wooded Grounds. For Particula 8, Apply-

D. CLARKE 38, Nakayamati dore,

3-Chome, Kobe,

Japan. Hongkong, 22nd February, 1913. 1350 TO LET. URNISHED HOUSE, for 6 Months

from April 8th, Apply

TO LET

TO LET.

[ODOWN, No. 145, Wanchai Road

Apply to

KWONG BANG HONG LED

248, Den Vaux Road Central (Oilles) or 95, Praya East (Warshonse), Hongkong, 10th February, 1913. [291

TO LET.

27, ROBINSON ROAD. SIX

NROOMS, with Outhouse, Commanding

Fine View of the Harbour.

Apply to

F. X. D'ALMADA = CASTRO,

33, Queen's Road Central, Hongkong, 18th January, 1918. [204

OFFICES TO LET.

MISST-CLASS Central Accommodation

Fight And Airy,

110

SECOND

FLOOE Im New Building being erooted for MESBREWHITEAWAY, LAIDLAW & Co., LTD. Entramos. fromí Des Voeux Road, Electric Lift to all Floor Electris Light fliroughout. The plan can be seen and all particulars obtained at the Offices.

MERE, PALMER & TURNER,

Alexandra Buildings, 3rd Floor Hongkong, 4th March, 1913.

173

TO LET.

TAEGE SUBSTANTIALLY - BUILI

GODOWN, lasted on Water Front,

Best Foint

For further particulars apply Property Oiles JARDINE, MATHEBON & Co. Imp

[67 Hongkong, 15th August, 1919.

N°

TO LET.

O 21, SHELLEY STREET.

“LYEEMUN," Berker Road, No. 134, Peak, To Let Furnished or Unfurnished to 30th November, 1913. 6 ROOMS.

No, 106, PRAX, "CLAVADEL," 5 ROOMS,

18 months, from 1st May.

"CRAIG EYRIE, No. 4. The Peak, To Let 8 ROOMS; Tennis and Croquet Lawns; Fine Situation.

No. 115D, THE PEAS, Furnished, from Middle of April until end of October, 1913. FOUR BEDROOMS, Tennis Court and Garden.

3 DES VEUX VILLAS, No. 52, PEAS, 5 BOOMS,

No. 6, DES VEUX VILLAS, 58, THA PEAK, from 1st March, 1913. Premises will be. thoroughly repaired, painted and colourwashed.

From 1st February, 1913, MERION, No. 10, PEAK, Furnished or Unfurnished. 6 ROOMS To Let or For Sale. GLENSHIEL," No. 124, Barker Road, Peak, 5 ROOMS, from 1st March, 1913.

this does not denote what the Legislature meant, but what its language means, This is what Maxwell on p. 7 says on the subject: When the words admit of one meaning a Court is not at liberty to speculate on the intention of the Legis- LET, FURNISHED HOUSE, in Fully Furnished, with Tennis Court, for about lature and to construe them according it and that this was an act preparatory within the meaning of Section 2 of Ordi- to its own notions of what ought to have been enacted. Nothing could be more nance 11 of 1810. 1 was not able to say to which ship the opium was going to be dangerous than to make such considera taken to. I was, however, satisfied that tion the ground of construing an enact it was not being taken to the filmington. ment that is unambiguous in itself. To It was admitted by the prosecution that depart from the meaning on account of the opium, the subject matter of the such views is in truth not to construe the "Act but to alter it. But the business of case, was Opium Farmer's opium, shall now deal with the first charge. The the interpreter is not to improve the Section-Section 38 (3)-under which the Statute; it is to expound it. The ques defendant is charged, is as follows: Notion for him is not what the Legislature- person except the Opium Farmer, his meant but what its language means; what licencees, and persons duly authorized it has said it meant. On page 6 Maxwell by him in writing, shall have in his also gives the views of certain eminent

In Nixon possession within the Colony any pre- Judges on this point.

It pared opium without having a valid cer-Phillips, 7 Ex. 192, Parke B. said: tificate under Section 39 of this Ordi-may have been an oversight in the framers nance" The sole scope and object or of the Act, but we must contrae it ac this Section is to protect the Opium cording to ts plain and obvious mean Farmer in his monopoly. I am, therefore, ing." In R. Barham, & B. and C. 99, Our decision of opinion that a person cannot be con Lord. Tenterden stated: victed under the Section if he is in pos- may in this particular case operate te session of Opium Farmer's opium aven defeat the object of the Act; but it is. if he does not possess a certificate under better to abide by this consequence than Section 35. The words of a Statute are to put upon it a construction not war to be understood in the sense in which ranted by the words of the Act, in order they best harmonize with the subject of to give effect to what we may suppose to the enactment and the object which the have been the intention of the Legio Legislature has in view (seo Maxwell inlature." In Coe Laurence, 1 E. and B Statute, p. 74). Although the defendant 1516, Lord Campbell said: 'I cannot doubt did not have a certificate under Section what the intention of the Legislature was, 35, the defence, however, put in a printed but that intention has not been carried It is document (Exhibit 6) issued by the into effect by the language used.. Opium Farmer with respect to this far better that we should abide by the opiumi. Exhibit 5 is in Chinese and words of a Statute than to seek to reform the following is a translation :---

it according to the supposed intention." The Tai Yau Company (Opium Farm). With respect to the words in Section 37, "No. 2,046 a

COLONEL IRWIN, :88. The Fesk.

[420 Hongkong, 7th March, 1913.

TO LET. TORE To Let, from 1st May, at present

occupied by Madam Flint. Apply to

ROBINSON FIANO CO, LTD. [349 Hongkong, 22nd February, 1913.

TO LET AT KOWLOON.

FLATS.

For Sale. "HARTING and ROGATE" on part of Kowloon Island Lot No. 1154. Apply to LINSTEAD & DAVIS,

3rd Floor, Alexandra Buildings Hosgkong, 5th March, 1913.

BANKS

64

NEW MODERN BROOME, THE CHARTERED BANK OF INDIA

and Servants' Quarters. Bathrooms Bttad with English Fatba. Kitchen has English ooking Range and Hot Water Boiler. Eleotrio Light Ready for occupation about throughout. Middle March,

NEW FIVE-ROOMED SEMI-DETACH- ED and TERRACE HOUSES with Tennis Courts, Possession about Middle March.

Apply to

HUMPHREYS ESTATE & FINANCE

Co., LTD Alexandra Buildings. Hongkong, 12th February, 1913.

10 LET.

to any country place to which it is Jawful to export the same," the Legis lature meant to a specific country. we refer to Section 36, which makes it unlawful to export opium to pro-N

This certificate is not transferable.

Under Section No. 39 of Ordinance No. 23 of 1909 350 taels of prepared opin (packed) in California brand have this day been sold to Hi Ki of Yaumati,hibited places, we find these words, to Kowloon, to be for fuso and not to be taken on board any steamer for snug ling to any opium prohibited ports. If he commits such offence it is his own fault. Issued on the 28th day of the 12th moon of the 1st year. (Chopped) The Tai Yau Opium) Farm (in half chop)." I am satisfied that the 65 tins of opium which contain the 325 taels re- ferred to in the charge are part of the 350 taels mentioned in Exhibit 5. My finding is, therefore, in favour of the de- fendant with respect to the 1st charge. I shall now deal with the 2nd charge. The evidence produced by the prosecution suggesting that the opium was going to a certain prohibited port was that of Mr. Bird, the head watchman at the Taikoo Docks. Ile heard the word Teen, which came from outside the time office. He

Enless

China or French Indo-China or to any country which prohibits the import of. prepared opium or dress opium." Here, again, the Legislature clearly meant to a specific country. If the Legislature in- tonded that there should be a general prohibition with respect to the exporta- tion of opium, it could have done so in clear and unequivocal language. the prosecution can prove that the opium is going to a specific country a charge under either Section 35 or 37 must fail. I was referred to the case of Simpson Unwin, 3 B, and Ad. 134. An Act which made it penal "to be in possession of game after the last day" allowed for shooting would if construed literally include cases where the possession had begun before that last day and therefore lawfully; and to avoid this injustice it

[306

AUSTRALIA AND CHINA.

INCORPORATED BY ROYAL GĦABWER, 1853

· HEAD OFFICE-LONDON,

PAID UP CAPITAL ... KEELY FUND... REFORVE LIABILITY **

PROPRIETORA

81,200,000 £1,650,000

...£1,200,000.

FOREIGN EXCHANGE and General Banking business transacted,

ONE-ROOMED OFFICE. Apply Property Office,

N 2ND FLOOR, No. 2. PEDDER STREET, on application.

JARDINE, MATHESON & Co., LTD. (65 Hongkong, 23rd May, 1912.

TO LET.

AYO. 2, WEST END TERRACE, Shameen. No.2, WEST END TE

153, PRAYA EAST, GODOWN.

FOR SALE or TO LET. Unfurnished, a HOUSE at The Penk Apply

THE HONGKONG LAND INVEST-

NENT AND AGENCY Co., Ian. Hongkong, 1st March, 1913.

(05

TO LET.

could not say if it came from the defen- was construed as applying only where OP in ALEXANDRA RUILDINGS.

Apply

A. S. WATSON & CO., LTD., Alendra Buildings. Hongkong, 27th November, 1912. -166

TO LET

FFICES or BTOCK-ROʊmƐ,

dant or from an Indiu vatchman. The the possession did not begin until after steamer Tean was at the Docks at the the close of the season; that is, the words to begin were interpolated to be in time of defendant's arrest and was destined for the Philippine Islands, which possession," The injustice here could not is a prohibited place. There was also possibly have been intended by the Legis-) this further fact that at the time the de- lature. Therefore, a construction may be fendant was arrested with the opium in put upon it which modifies the meaning his possession Lam Luk, a carpenter em- of the words. I was also referred to the ployed at the Taikoo Docks, who was a case of L. Dowling. E. and B. 605.RGE ROOM and SMALL friend of the defendant, was at that time Under the 11 and 12 Vict. c. 110 an in- PEIVATE ROOM; Very Central. working in the saw mill. It was also solvent prisoner for debt might be dis- proved that the Tran was alongside the churged from imprisonment either upon said saw mill. The defendant stated in his own petition upon the petition of

the witness-box that he went to the Docks any of his creditors. The 10 and 11 Vict, to see. Lam Luk. The evidence on this c. 102 in abolishing the circuits of the point is far too weak to justify me in Insolvent Commissioners and transferr finding as a fact that the opium was ing their jurisdiction to the country going to the Tean. My finding is, there- Courts, provided that "if an insolvent fore, in favour of the defendant with petitions the Insolvent Court should respect to the 2nd charge. I shall now refer his petition to the Court of the deal with the 3rd charge. It was sub-district where he was imprisoned; but it initted on behalf of the prosecution that omitted all mention of cases where the the intention of the Legislature was that petitioner was a creditor. The Court, the exportation of opium was to be pro- however, considered that an intention to altogether. was referred to include the latter sufficiently appeared. Chapter IV. Section 1 of Maxwell, which To confine the Section to its literal mean- mentions that it is the duty of the Judge ing would involve the unjust result that to make such construction to a Statute though a vesting order might be made as shall suppress all evasions for the con- and the debtor be deprived of his pro tinuance of the mischief. I was also perty he would remain imprisoned. The referred to Chapter IX Section 1 of words "if an insolvent petitions' Maxwell, which refers to the rule that accordingly understood to have merely where the language of a Statute in its put that caso as an example of a more ordinary meaning and grammatical con- general intention, viz., "if a petition be struction leads to a manifest contradic presented." For the purposes of the tion of the apparent purpose of the enact Legislature, it was immaterial whether ment or to some inconvenience

or the petition was the insolvent's or the

were

ONE

CURRENT ACCOUNTS opened and FIXED DEPOSITS recived for 1 year or shorter periods at rates which will be quoted

WM. DICKSON Manager

[13. Hongkong, 12th April, 1912.

BONGKONG SAVINGS BANK.

THE Business of the above Bank is con i ducted by the HONGKONG AND SHANGHAI BANKING CORPORATION, Rules may be obtained on application.

INTEREST on deposits is allowed on the Minimun Monthly Balances at.34 per cent. per annum.

Depositors may ti infer at their option balance 3100 or more to the HONGKONG AND SHANGHAI BANK to be placed on FIXED DEFOST at 4 per cent, por annum.

For the Hongkong and Shanghai BANKING CORPORATION.

N. J. STABB,

Chief Mausger Hongkong, let July, 1913. dala (19 INTERNATIONAL BANKING

CORPORATION.

HEAD OFFICE 60, Wall Street, New York, LONDON OFFICE 36, Bishopsgate, E.C.

Canton

BRANCH:28 :-

Bombay

Kube

Calcutta

Manila

Mexico

Params

Poking

Shanghai

Yokabams

Apply

Box ICO, Care of "Daily Press" Offos, Hongkong, 29th January, 1913.

TO LET, From 1st February, 1923.

Cebu

1245

Colon

Empire

Hongkong

Honkow

containing SIX ROOMS. Apply

W. R. LOXLEY & Co.,

York Buildings, Chater Rand. Hongkong, 17th December, 1912. [172/

INFURNISHED, 6, Mountain View, Peak CAPITAL AND SURPLUS

TO LET.

SUNTRY HOUSE To Lot, Furnished, Frem 1st April, 5 Rooms, Vory Cool, antes out; Laws, Bathing, Boating, Apply to A RURAL,

Care of Daily Press" Office, Hongkong, 14th February, 1913.

TO LET.

1313

and GODOWNS at present occupion

San Francisco

87,060,000

aqual £1,450,000 EVERY DESCRIPTION OF BANKING

BANKS

AND

BANKING CORPORATION.

ONGKONG

SHANGHAI

PAID-UP CAPITAL

པ་

$16,000,000

BESERVE FUNDA

STERLING

SILVER

£1,500,000 at 2/$15,000,000

$17,200,000

$32,200,000

RESERVE LYABILION PROP'TORS$15,000,0CO

COURT OF DIRECTORS,

F. H. ARMSTRONG, Esq.-Chairman,

Hon. Mr. C. H. Ross-Deputy Chairman,

| W. L.Pattanden, kaq,

B, E, Dodwell, Esq.

G. Friesland, Esq.

C. 8. Gubbay, Esq. G. B. Lauren, Esq. F. Lieb, Esq.

J. A. Plummer, Esq.

Hon. Mr. E. Shellin. H. A. Sleba. Eng.

CHIDY MANAGES | Hongkong N. J. Brinn,

ACTING MANAGES! Shanghal-A, G. Szarann,

LONDON COUNTY AND WESTMINSTER

LONDON BANKEES I

BANK, LIMITED.

HONGKONG-INTEREST. ALLOWED. On Current Account at the rate of Two por cent. per annum on the Daily Eslange.

ON FIND Deposits,

· For 3 months, 2) per cent per Annum. For 6 months, 53 per cent, per Annum. For 12 months, 4. per osat, par Annum,

N. J. STABB,

Chist Manager, Hongkong, 24th February, 1913. (18

Y

THE LOKALİNMİ OKOHAMA SPECIE BANK

LIMITED.

AUTHORISED CAPITAL......Yen 48,000,000 PAID-UF CAFIR...................Y 30,000,000 BELERVS FUND...............Ten 17,850,000

* ́ ̈ÍÏZAD OFFICE TOHOHAMA,

Emscher and Agension st

Line-Yang Ryojum

Antang-Balón

Caloutta

Bombay

Changehna

Dairen (Dalny),

(Port Arthur

London San Francisco

Lyons Shanghal

Nagasaki Tiebling

Fanglion (Mukden) Newohwang Tientsin

Bankow Harbin Honolula Hobe

New York Tokyo Qele

Fabiu

INEEREST ALLOWED OF CURRENT ACCOUNTS Deposits received for fixed perioda að ratos to be obtained en application.

BISHI ONO, Manager.

[443

Hongkong, 11th January, 1913.

NE

TEDERLANDSCH INDISCHS

HANDELSBANK. NETHERLANDs India CommARICAI BANK).

ESTABLISHED 1863,

Authorised Capital FL 15,000,000 (£1,250,000) Paid up

Capital Fl. 14,905,350 (£1,242,112) Reserve Fand FL. 5,022,161,27 (8418,513)

Hrad Oprich, AMSTERDAM, HEAD AGENCY: BATAVIA.

LONDON BANKEBR THE WILLIAMS DEACONS BANR. Swiss BankVRENIE,

BRANCHES AND AGENTS all over the /:

World.

THE BANK transects every description of Banking and Exchange business, rewives mensy in Current account at the rate of ? der orné, per arrow on Dally balance. Rates on Fired Deposit can be ascertained on applipation.

E. J. B. VAN DELDEN, Acting Manager, No. 8, Des Voeur Road Central.

-[21 -Hongkong, 5th February, 1913-

THE MERCANTILE BANK

INDIA, LIMITED.

AUTHORISED CAPITAL... SUBSCRIBED

PAID UP

RESERVA FUND

£ £1,500,000

HEAD OPPION!" 43, Threadneedle. Bireet, LONDON, F.C.

BRANCHES :

OP

1,125,000

562,000

365,000

JAL

Bombay,

Calcutta

Howral.

Delhi,

Penang.

Modrae

Kota Bahru, Kelantan.

Karzoht.

Rargeon.

Kuah Lumpur, F.M.5) Hongkong.

Colombo.

AGENT IN JAPAN 1

Kandy. Galli.

Singapore,

Shanghai,

Mers, JARDINE, MATHESON & CO., LTD.

BANKEES :

BANT OP ENGLAND,

LONDON JOUT TOOK BANE, LAD, Every description of Banking and Exchange kzzziness ` transseted. Blocks, and Shares bought and sold on sccount of Constituenta, Letters of Credit grated on Agents, and Correspondents all over the world.

INTEREST allowed on Current Accounts at 2 per cent, per annum en Daily Ealance and on Fixed Deposits at rates which may be sscertained on application.

F. C. MACDONALD, Manager. Hongkong, 7th September, 1912

909

BUSINESS transcted, CURRENT ACCOUNTS opened on the usualTHE BANK OF TAIWAN, LIMITED

(IWOORFORATED EX SPECIAL Imperial DEPOSITS RECEIVED, fixed for one year.

ORARTER),

terms

at 4 per cent. per annum, or for shorter periods, at rates which may be accer- fained on application. • BILLS NEGOTIATED and COLLECTED. MAIL and TELEGRAPHIC REMIT

TANCES made. LETTERS OF CREDIT and DRAFTS granted on all the principal cities in the World. THE BANK'S CIROUT AR LETTERS OF

CREDIT are available`all over th World.

PURCHASE and SALE of Stooks and

Bhares effected. TRAVELLERS' CHECKS Hold and cashed

GEORGE HOOG;

A warrant il cure for all absurdity, hardship or injustice presum creditor's Hore the injustice and absurN 14 GUN'S ROAD CENTRAL, SHOP COMMERCIAL LETTERS OF CREDIT acquired or constitutical Lis-ably not intended, a construction may be dity could not possibly have been intended by Gande, Price & Co., Ltd. charges from the Urinary put upon it which modifies the rueaning by the Fegislature. The language No. 12 and 14, QER'S ROAD CENTRAL, OLARKE'S Organs in either sex. These of the words and even the structure of was therefore modified for the purpose of OFFICES

famous Pille also cure Gravel, the sentence. It was submitted by the supplying an apparent case of omission. No. 5, STEWART TERRACE, from 1st Pain in the Back and all prosecution that I should interpolate the My finding is, therefore, in favour of the Marah, 1913. Kiduey Disorders. Free from words "or at all' in the third line of defendant with respect to the ard charge. mcury. Forty youre sac- Section 37 between the words "samo"I therefore order the defendant's dis- cens. Bold by all Chemi ts and "except." With respect to the ox: charge. and Storekeepers throughout pression "intention of the Legislature," the world.

B. 41. PILLS.

Apply to

Cre of "Daile Bongku, 4th Foben

Y. Z."

9, Queen's Rosl

Lengkop na

Capain!

Sen 10,000,000 Capital Subscribed (paid up): „Yan 6,250,000 Reserve Fund

- Yen 2,620,000

HEAD OPPION* TAIPER, FORMOSA

BRANCHES AND AGUBOIMO ;

Amoy

Statow

Anning

Kove

Tainan TREERI

Cantoa

Nagasaki

Foochow

Kool.ng

Shanghai

Tokyo

Tokohama

HONGKONG OFFICE,

3. Das Vœux Bean, Intervét, allowed on. Curent Abeomaty,

·Depozita 'r såved on tezzar which may › knd.

Mongtres