1915-07-21 — Page 2

ENTELATIONS

THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 21st, 1915.

MOUTRIE PIANOS

NEW MODEL OVERSTRUNG.

GUARANTEED

for

FIVE YEARS.

-INSPECTION INVITED:

S.Moutrie & Co., Ltd.

THE HONGKONG

CO., LTD.

131-3

TRAMWAY

Y kind permission of the Calons) and OBoars, the BAND of the 7th B

NORTH the Play on PUNJABIS will TO NIGHT from 9 aniil i odlock.

Hongkong, 21st July, 1915.

POINT BEACH

177:

GERMAN COMPETITION IN CHINA,

DIFFICULTIES ENCOUNTERED BY BRITISH MERCHANTS.

Mr. Frank H. Hiscock, of Shanghai and Hankow, in the course of a letter to the Globe says!

STRANDING OF THE“ NUBIA,”

CAPTAIN GUILTY OF NEGLIGENT - NAVIGATION......

A CHINESE WILL. ACTION IN THE FULL COURT. The Full Court action was resumed Chun To Tse yewierday in which

The District Court inquiry, into the (appellant defendant) appeals for the circumstances connected with the strand: varying of a judgment delivered on the ing of the P. & O. Nuhiu, on June 20th 2nd September, 1918, by the Chief Justice last. was opened at Colombe on July 2nd, and is reported in the Times of Cry ́a», as follows:-

After the evidence given by Lieut. Commander C. E. Stainer, R., Master Mr. Fisher, Pilot, Capt. Attendant, Lyndon, of the Nubia, and Mr. Veley, counsel addressed his Chief Officer,

In accordance with Chinese law and Hongkong, by inserting the words:

customs" after the words "next-of-kin," in the second paragraph. The respon- dents-plaintiffs were Ho Au Shi, Young, Sui Choo, Ho-Hong Chun, Ho Chang Sui, and Chan Ho Shi

INTIMATIONS

DRINK

ALLSOPP'S.

BRITISH PILSENER

BEER.

SOLE AGENTS :

In common with other British firing 1 have suffered greatly from the Gernu

AS invasion of that country for trade. your article truly says, the attitude taken up by our Government in connection with trading with the query in China is absurd. Most of the German bonses in that land are backed, actively, by their Government, and it is only necessary for

Mr. E. H. Sharp, K., and Mr. Eldon a firm to complain to the Consulate if the honour the Additional District Judge, bank refuse to give them facilities for Mr. L. M. Maartensz, who was associated the Congul to instruct the bank to gival with Capt. J. S. Meria, of the City of Potter (instructed by Mr. Bulmer John- son (Messrs. Dennys & Bowley), are for the needed assistance to enable the aria Colombo, and Captain. C. H. Dix, of the

Bavaria, as assessors,

the appellant; Mr. H, E. Pollock, K,C. to carry out any business project. ..

Shanghai, the head of all business in

Crown Counsel, (Mr. S. Obeyesekere) the Far East, so far as Chino proper 15 mplsised the following-points: Firstly, (instructed by Mr. D. V. Steavenson), is concerned-Hongkong is purely British that there was a rough sen; secondly, on for the first respondent, Mr. C. G. territory, and outside the difficulties that his own admission the captain was not Alabaster (instructed by Mr. E. L.. surround business in China itself has able to locate his position owing to the taken active steps by barring all enemies searchlights; thirdly, the captain was Agassiz) for the second and third, and from membership of the thre clubs-navigating a ressel which was, on his own Mr. F. C. Jenkin (instructed by Mr. A. Country, Race, and Shanghai--although admission, difficult to navigate unit, Crew) for the other. thego clubs are really cosmopolitan in fourthly, that there were various cautions

Mr. Sharp explained, with regard to their organisation The community has to be observed in approaching or entering

In view of the so-called expert evidence" in the also taken the bit between its teeth and the examination anchorage. broken away from the old Chamber of these, counsel contented that it was Commerce, and headed by the Hongkong evidence from the evidence recorded other side in reference to Chinese law and conduct of the

the officer customs, that the affidavits filed were not Bank, Butterfield & Swire, Jardine, that

was grossly Matheson & Co., Ltd., etc., has formed in charge of the vessel new Chamber of Commerce for the pur-negligent, and his omission to stop the the afidavits of qualified persons. Ho pose of keeping its hands clean from the beat or to signal to the people, at the pointed out that when a Chinese woman WINE & SPIRIT MERCHANTS, stain that will for over cling to the Ger- searchlights that the lights were interfa married she enjoyed property right in man nation. But while the business mening with the safety of the vessel was the family into which she married, and of China ar doing what they can to take default. In view of those faalts, counsel full advantage of the new era in that remarked that it would be a fair pointed to have property right in the land, much of this will be nullified by the to make that the officer in charge of the family she left, curious attitude of the British Govern-vessel had been negligent in navigating. ment, who can only say that, trade with the vessel. the enemy is undesirable.'

THE TAIKOO DOCKYARD 'AND ENGINEERING CO. OF HONGKONG, LTD. TAIKOO DOCKYARD. HONGKONG. SHIPBUILDERS, SALYORS AND REPAIRERS, BOILERMAKERS BRASS AND IRON FOUNDERS, CONSTRUCTIONAL ELECTRICAL AND MECHANICAL ENGINEERS. WELDING AND CUTTING OF METALS BY OXY-ACETYLEN

AND ELECTRIC SYSTEMS.

A SIGNIFICANT INSTANCE.

of my own experience where I land test

THE CORREST AND THE SEARCHLIGHTS.

Mr. Pollock, in opening, said that his client was not taking sides with either

In regard to the defence outlined by 3r Party in the case; he simply came before Elliott, the primary points seemed to be the Court to, if he might have the that the current and searchlights bad tie Lopportunity of so saying, assist the Court combined effect of bringing about the disaster.

There were

two questions That the searchlights had con-as far as he could in a somewhat difficult tributed to the disaster was admitted, but situation. what he maintained was that the contribu-which he would suggest that the Court tion could have been entirely unlib should ask itself, and the answers to the the due precaution being taken by the

The first His towards, deciding the case. captain of stopping his vessel or els questions should go a very long way Has the appellant proved by signalling to the searchlights. failure to do this showed bad aavigation

le, the satisfaction of the Court that the English Statute of Distribution was on April 5th, 1843, inapplicable to the local circumstances of the Colony or

on

his part, whil, his omission to stop the

question was:

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[414-25

The writer was taken to task by our Minister at Peking when an his way hens because the British merchants in China and particularly in the Yangtage Valley were not securing the amount of business we should. My reply to Sir John Jordan was that until the Consular Body gave us that support which is given by cyery other country save our own to it, traders, we should be unable to cure our proper share in the immense business of China I backed up my statement by incidents out large and important business through the vessel was an act of default. The adop refusal of our own consilar body to give tim of the latter course was an obrivus that backing which we, as traders, remiody.

The pilot and stated that was usual sider is our right in such lands. Í told

vessel near the him of one instance where I naked a er for him to board & tain consul for information as to a busi-examination buoy, where the vessel would inhabitants 7. - His submission, of course, The second ness proposal, and was met with the reply slow down to pick him up, and it was was that the answer to that question that it was one of his business. Strange entirely consistent with his position as should be in the negative,

If the appellant has to say, within three weeks that same Con-master, in view of the circumstances, for sular office wrote to me seriously taking Captain Lyndon to have dropped anche question was this? me to task for following my Germa com- to obviste the accident. What the captain not proved that, if he failed to preve was really did was to take a sporting charte inapplicability, what was the combined supposedly seeking. Needless to say, in the distant hope of encountering the petitors to secure business that I at once called upon that Consul and pilot or getting to the mouth of the bar-gal effect of the Statute of Distributions FRENCH LESSONS

contended, rested upon the appellant; the Fogon April 5th. uskil for explanationsreittiä teeklis way

and Chinose family law Prime fucie

almost total fack Captain Lyndon had also referred to a onus of proof was upon him.

of

The hearing was again adjourned. active sympathy from our Consular body westerly current, but the Bay of Bengal pilot showed that the currents in the sizes Another great obstacle is the attitude of of the disaster over exceeded one knoj, the trading community here in England The theory of the current was therefore. who refuse to step out of their old argatived. Whenever a ship was strand- fashioned ways and are seriously lacking ed, like the Nubia, counsel remarked it ORFE ORDERS BY LLETZ.COL. 1. CHAPMAN, V.D. Stanley Gibbon's in what I should like to call intelligent was attributed to an unusual current anticipation of the enormous business This doctrine of a current, ho concluded, waiting in China. Germany organises in should be viewed with suspicion, partien-

was not corroborated. business as she does in war, but our larly if

With English firmas retain the old, old methods, regard to the captain's plea that he feared and refuse to budge, and meanwhile we his ship would be fired on, the rule only who spend our lives in the far distant out-referred to unauthorised boate entering posts of Empire have perforce to do the the harbour. best we can, and in many instaners sl 5ds that we would infinitely prefer to leave alone if only we could get them from

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Hongkong, 4th February, 1915. [516

THE DAI NIPPON BREWERY

ASAHI

130

APATHY IN ENGLAND.

our own country,

Mr. Elliott briefly addressed the court on the point as to why the captain pro- ceeded when he could not see the harbour light. There was the pilot coming out Then there is the serious question off to the ship, he said, and it was only long credit given by the Germun banks to reasonable to expect that he was making. any contract secured by German Girms in his way across and would pick her up. Chia. Let me give you one instance in Consequently the Nuhiu was manœuvring which I was interested, and to which can to take up her position. With regard to Minister at Peking particularly referred the searchlights, they were being played in the conversation I mention above. for national defence, and if the captain. Certain Chinese at Changsha the capital had kept blowing his whistle asking them of Hunan, one of the nest provinces in to stop there would probably have been China, which the writer knows exceeding ly well-desired to erect a large cotton mill, and tenders were asked for. Many

an enquiry about it." The captain wa expecting the pilot, and why should he give signals which would show that he was

BEER. of us tendered, but the business went to not safe? There was nothing else but

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SOLE AGENTS:

MITSU BUSSAN KAISHA.

JHONGKONG,

331

ship on to the roof, and the pilot had not contradicted the statement of the captain that there was a current.

a Gornian firm, Arnhold, Karborg & Co., the current which could have carried the because they accepted the business on a five-years' credit, which no English firm would look at. The basiness was good, and security ample; but the Germans are! the only trading country that the writer is aware of who will accept such terms I would urge upon the manufacturers in this country the grave need for them to awake out of their sleep and seize this golden opportunity to rehabilitate them selves and the British firms in China with the great trading communities of China, whoso needs are growing greater and greater day by day, even as the is realising ns never before the great future there is meantime the captain was under the belief

more anxious to exploit to its fullest valus.

This is a case where the exantination weasel was responsible for the accident," said Mr. Elliott, adding that there was nothing to prevent the vessel fron going un with the pilot and bringing the ubi in. Having failed to do this, there was also grave negligence in not having set ont a signal to the Nubia. Thus having led the captain to believe that they all that they were not coming were coming out, they gave no signal 'at]

In the

in the same

in front of her, and which she is more and that he was wing driftca

place, while he was Primarily the accident was due to the default of the findal of the examination

EASTERN AND AUSTRALIAN

STEAMSHIP CO.

L Concluding, Mr. Elliott remarked. that sopa warding might have been given from the shore that the Yubia was going: Lowards the reef.

FINDING.

af

Another shipping once which has born able to recoup its lf for previous indiferat years out of the root high

The Additional District Judge and the fights is the Eastern and Australian Asicsore made the following finding: Stenship Company, says the Financial The Court and the Assessors are Times. The gross profit last year was opinion with regard to the first question £10,800, as aguinat £30,800, and the net() that the stranding of the steane r. profit, after raising the depreciation Nubia was not due to unavoidable causes, allowance from £14.700 to £19,200, comes as tite unavoidable cnuso suggested is the out at £6,900, as compared with £0,100. trend of a strong current castward, and Following on a considerable run of bad we are of opinion that the master should lack the company re-entered the list of have anticipated from his experience und [dividend payers in 1913 with a distribu- the state of the wind and weather that tion of 5 per cent, and this rate is now there would be a strong north-easterly raised to 0 per cout. The carry forward of £3,900 is £1,000 more than was brought into the account,

set

With regard to the questions 2, 3, 4, yu are of opinion that the master of the Jubin was not gailty of default in net stopping and altering the course of the vesel between the time of passing the Up to the beginning of June, says a examination buoy and the time of the Canadian Government memorandum stranding; but we are of opinion that he the Press, nearly 50,000 oficers and men was guilty of negligent navigation in not have been sent overseas. It is anticipated turning the ship's head westward and that by July 1st the number will reach waiting, after he had lost sight of the approximately 70,000. More than 500 harbour lights and the light of the pilot norses have also gone,

beat, after passing the red buoy.

THE HONGKONG VOLUNTEERS.

LAYE

1---The undermentioned are granted leare

of absence as follows:- Private J. Ralston from 28.7.15 to 9.9.15 Private J. Forstor from 28.7.15 to 9.9.15 Sapper A. Williams from 1.8.15 to 31.8.35. Sergt. H. G. Hegarty from 14.7.15–40-

19.9.15.

Sapper J. O. Bollard from 19.7.15

19.7.15.

Lee.-Cpl. 1. J. Blake from 19.7.15 taj

19.8.15.

Private J. C.. Fletcher from 23.7.15 to

10.0.15.

STRUCE OPY. 2---The undermentioned members, having. failed to return to the Colony on the expiration of their leavo, of absence,

15, MORRISON HILL ROAD.

JUST RECEIVED:

[697

POSTAGE STAMP

CATALOGUE.

First and Second Parts complete. GRACA & CO..

No. 11A, CAINE ROAD, Hongkong, 23rd June, 1915.

NEW CARTRIDGES.

[726

struck of the strength, with effect B in all Bores and Sites.

Y popular English Manufacturer.

from the dates stated below:--

Private W. S. P. Deas, 6.9.14. Lee Opl. H. Goldenberg, 31.3.15. Privato A. Laing, Privato A. F. Deane, 27.3.15. Private W. McCulloch, 23.4.16. MEDICAL ATTENDANCE.

13.3.15.

3.- Members of Belcher's Section and

Engineer Company who apply for medical treatment at the Government) Civl Hospital must inforia the Hospinal Authorities, on admission, in which of the above detachments they are doing duty.

PROMOTION,

4.- Private It I. Rocha, Signalling Section, to be Lance-Corporal, dated 30th July, 1915.

I'ARADES.

SMOKELESS FOWDER and CHILLET SAOT. From No, 10 to SS8G. at 55, 37 and $7.50 per 100, SPORTING REQUISITES and AIRGUNS in Variety.

Inspection Invited.

WM. SCHMIDT & Co.

Hongkong, 4th February 1915. 150

TO LET. From 1st March.

ODOWN, No. 5, Duddell Street.

Apply

Go

A. B. AVASIA,

iCare of E. PARANEY,

No. 1, Daddell Street. [214

5-Parades for Wednesday, 21st instant.

7.00 a.m. Signalling Section Signalling

Instruction at Headquarters, 4.30 p.m. The following members of Right

Section B. G. Co-Ptes. Beltran, Hongkong, 2nd February, 1915. Carvalho, Franco, Hart, Johnson, Julyan, Place, Monteiro, Castilho, Remedios, F. N. Silva and Lima- Musketry Instruction on Kennedy Road range. Servico rifles to he carried. Corp. Grimes, R.E., wil attend

5.30 p.m. Remainder of Right Section M. C. C.-Squad drift and Skirmish- ing at Headquarters.

DETAIL.

0-Gun Club Hill, Kowloon.

TO LET.

Kowloon.

TO. 4, "FAIRVIEW" Nathan Road

N

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No. 27, BELILIOS TERRACE, with

Oa duty until morning of 23rd inst. entrance in Conduit load. Ia very good order.

H.K.VR.

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On duty until morning of 33rd inst.--

H.K.V.R..

Orderly Officer from 23rd to 30th inst.

Licut. Murphy.

Orderly Sergeant from 23rd to 30th,

inst,Corp. Shenton.

G. E. STEWART, Capt..

Adjutant, HK.V.C.

in

A large number of Russian prisoners are now being employed by the Germans the making of munitions of war for the In Russian Poland the Germans Ppropriated machinery which is being course must obey or be shot. used for this purpose. The Russiens, of

army.

ONE GODOWN, No. 8, Barrows Strook, Wanshsi.

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