1917-04-17 — Page 3

Page

RANDOM REFLECTIONS.

The sentence of seven days' 'hard Jabour and twelve strokes with the birch which was passed on an English boy ce the Hongkong Police Court last week for stealing is calculated to do far more harm than good Corporal punishment has already been freely resorted to in this case, but it bas palpably proved of no avail, and imprisonment is not likely

To to succeed where that has failed, brand as a gaol-bird one who is on the very threshold of life is to destroy the Tast vestige of that which most stands

in need of development-his self-respect The And to damn his whole future. boy is evidently a moral imbecile, and anless he is to become a permanent menace to society and a constant burden to the tax-payers he requires careful There treatment along scientific lines.

Buch ks he among all are Many classes in Great Britain, but they are not flung on to the human scrap-heaps. Every effort is made to reclaim them,

that results

are eminently with

atisfactory. As there are no suitable Institutions for the reception of such cases in the Colony, the boy should be Bent Home. That is 1

duty which Society owes to itself and to him. If only from a business point of view, it is well worth risking a few pounds to see if he cannot be made into a useful citizen of the Empire.

YACHTING,

THE HONGKONG DAILY PRESS. TUESDAY, APRIL 17TH,

ROYAL HONGKONG YACHT CLUB.

PASSAGE ON A GERMAN BOAT.

OF THE ND.L

The results of the fifth of the sories of MR. BESWICK SUES LIQUIDATORS Club Championship Races for Cruisers of Chinese and English rig which was sailed on Saturday last are as follows:- Course-North Fairway Buoy (S), Stonecutters Island (8).

miles

happening of State, say the outbreak of a war, then the contract was negatival by the outbreak of war

Mr Davidson--My defence is, of course, that on the outbreak of war both parties were relieved of the contract,

The Puiano undge-Bat you have the plaintiff's money?

Mr. Davidson-Yes, of course, but the

At the Hongkong Supreme Court yes. torday, before the Chief Justice (Sir Distance 8William Recs Davies) and the Puiane Judge Mr. Justice Gompertz), the case was continued in which Charles Willian mony will be paid back. The defend. son Beswick, of Messrs. Jardine, Mathe, ante were willing to do that from the son & Co., is claiming 273299 from beginning. I have been instructed from

Starting Line, Murray Pier and Outer Naval Buoy. Finishing Line, Club House,

North Point.

Finishing Corrected

"Time.

Time. h. në s ·lm. s. 4.31-13:

Yacht.

Miranda... Oenone Dorothy Scatangden Lady Godiva

CHINESE LIG. H'cap, on Course. MB Scratch

9'40

3.20

5,20

18. 40

Position

(1) Miranda

4.31.43 5:00 15 4:47 10

4 58-37

TALY

INTIMATIONS

LANE.

CRAWFORD & Co.

Taleraona 1741

the beginning to pay the money back, GENTLEMEN'S

Mesars, Lowe, Bingham & Matthews, as liquidators of the Norddeutscher Lloyd but this is a claim for damages incurred in the plaintiff having to travel by a Co.

The case came up for hearing sonte & boat after the defoudants had 42 50 time ago, when defendants were granted contracted to take him on one of their main stay in the proceedings to prepare a boats.

statement of defence. They have not Points for race Points to date done so, and plaintiff is now claiming

for judgment.

(2) Dorothy II*

(3). Scotengden

(4) Venono...

Lady Godiva

G

5.03.10

D.N.S

*Winner of Championship.

Handicap Finishing

Yacht

Feathers.... Queen Bee.. Irene..... Vesper

on Course M.S.

Scratch

8 00 12 00 -16 00

time

b. m. a

4.46 55

D.N.S.

4:35 27

5:00 00

Position

(1) Irens ..... Vesper

(3) Feathers

Queen Bee

† Tio for Championship.

·COMMODORE'S CUP.

CRUISERS OF ALL CLASSES.

16895

Cerrected time 'h. m. s. 4.46-35

23.27 4 4:44.00

18

G 18

....!

Mr. Wilkinson intimated that he had never heard before that the defendants were prepared to pay the money to the plaintiff.

The Puise Judge-I have never heard it before

Mr. Davidson No, because the claim. is one for damages for breach of con- tract, and according to German Jaw we are not responsible for damages.

The statement of claim is as follows: Plaintiff is a natural-born British sute ject, an assistant in the employ of Messra. Jardine, Matheson & Co. The defend ants are the liquidators of the business and affairs of the Norddeutscher Lloyd S.S. Co., duly appointed as such under the Alien Enemies (winding-up) Ordi- According to English law we are. Mr. Davidson then suggested that evi- dense should be taken on commissiou at Shanghai, where there were German lawyers, and added that if a German subject were interned in this Colony the Court would hear his evidence, and if a German were interned in the Straits Settlements his evidence would be taken on commission.

Points for ruce Points to dare nance of 1914. In March, 1914, plaintiff contracted with the shipping company in Hongkong for the purchase of, and paid for, a return ticket for a first-class passage for his wife from Hongkong to London, and the shipping company de livered an order entitling plaintiff's Although one of their number, Mr. Ho

Course:-North Fairway Buoy (5), wife, upon delivery of the same to re Fook, has generously presented another Stonecutters Island (8);

Distance & Presentatives of the shipping company in England, to a first-class passage back aeroplane to the Imperial Government

miles. on behalf of the Colony, the members of

Starting Line, Murray Pier and Outer from London. War broke out, and us a the local branch of the Overses Naval Buoy,

Finishing Line, Club result the shipping company ceased to Club still cherish the hope that it House, North Point.

further employ their steamship and the may be possible to raise funds from

Handicap Finishing Corrected plaintiff's wife was unable to procure Yacht for the the British community

passage back through the said company, on course-time

M. S.

and was thereupon compelled to procure farther aeroplane for purchase of A

Feathers... Scratch The sum required is, I be-Miranda... Scratch the Front.

passage back to Hongkong by other means. The plaintiff has therefore suf fieve, about $15,000-a rather formidable Denone.... Queen Bee

fered damage to the extent of $732.09. Yeaper

Mr. C. D. Wilkinson appeared on relie Dorothy II

behalf of plaintiff, and Mr. E. Davidson Scotengden

*Winner.

represented defendants----

total for a amall organisation, but you never know what you can do till you

try. Judging by the liberal response which has been made recently to appeals on behalf of war funds thie flow of money for the Great Causs seems to be as in- exhaustible a Tennyson's brook, and that is an encouraging siga. It would. be impossible to appond for a better object. Repented tributos have been paid to the value of the Royal Flying Corps in reporting the enemy's move ments, beating off hostile aircraft, and bombing the enemy's trenches, transports, railway junctions, and munitions depota The wastage of aircraft, however, is very heavy, and by helping to repair it Hong kong will be able to feel that it is de livering a direct blow at the enemy in the field, accelerating the triumph of our arma, and helping to reduce the casual- ties among our gallant troops,

People talk about 'London's Extra- vugance," pbserves a correspondent,

h. m.

4 46 55

4-3143

501 15 DNS

4:00

5, 20

12 00

6:00:00:

+

12:00

4 35 47

12:00 .14 40

4 47 10

5 03 10

?

COMMODORE'S CUP:

time. hms.

4.16 65 4:31 43 57 15

4

4 48 00 4.23.27 4.35 10 4.48 30

RACING YACHTS OF ALL CLARSZE. Course: North Fairway Buoy (8), Trocas Rock (9), Channel: Rock (8). Distance 11.45 miles.

Starting and Finishing Line, Club House, North Point

Handicap Finishing Corrected time on Course

Time M. S. h. m. sh. ms. Scratch 5 24 06 5'24.06 1. 46. 6.10.23 5:08 29 4 45

Yacht

Dione *Bolla Jessica ... Kathleen... Colleen ...... Aileen Daphne...... Ailsa Bonita

460.N.F:

7 38

DNS.

D.NF

735 19.05

22 22.04 22 54

D.N.B..

6 48-14

54

。

...... 25 46 Dawn 26 40 Sirius 28-37 Ursula. 28.37 Lady U

....... 20 35 Toinnette... 20-35 Musetta... 57 15

• Winner.

5. 48.61

5 53 45

5 43.45 5:52 04

* 10 59

D.NF.

D.N.S.

D.NS.

D.N.S.. D.NS.

5-23.09

6 25 57 3 31 00

5 '20 51

5 26.18

Their Lordships disagreed with the suggestion that evidence could be taken on commission at Shanghai,

Mr. Wilkinson, on this point, remark- ed that the Germans in Shanghai were subject to the jurisdiction of Germany, they had never lost their domicile in Germany, therefore, a commission could net issue, but a letter of request could be obtained through diplomatic chan- neis. His friend, he added, was asking for an adjournment for an indefinite period, by which time his (Mr. Wilkin son's) client might be dead, or there might be no. Germany at all. The Court

Mr. Wilkinson said he hoped that, this would be the last stage of the bearing, and he moved for judgment accordingly had absolute discretion to stay proceed

Mr. Wilkinson said he was not clearings în say matter, of course, and in as to what method of procedure would this connection he expressed the opinion be adopted to-day The defendants were that the insertion in the local Ordinance asking for a stay of judgment in order of section 5 (Ordinance 11 of 1915)- that it might be proved that German giving the Court power to stay

proceed. law could be applied to Great Britain.

ings--was absolutely unnecessary. He also urged that all the interests of justice should be served in the present

case

Mr. Davidson remarked that he was merely asking for further time in which to file a defence; he was asking for the indulgence of the Court. The case for the other side seemed to be that it did not matter whether the defendants were alien enemies or not. He (Mr. David son) held that the fact that they were alien enemies did not preclude themed that it would be contrary to justice

The Puisne Judge Suppose we order the money to be paid into Court until such time as the case may be decided?

Mr. Wilkinson-What, for ten, or perhaps twenty years? He also remark-

5 44.12 | from the indulgence of the Court. The to have the proceedings stayed until real question was whether their Lord such time as would enable the other side ships should refuse, a stay on the ground to prove that owing to certain conse

that the defendants wore alien enemies.

were relieved of their quences they The Puise Judge-Your case is that liability, or until such time as they you have a good defence and that at would be able to prove that his client present you are embarrassed and cannot could not bring any action at all to put that defence forward owing to recover anything, according to German temporary effect, that effect being that aluw, Possibly German law would take no notice of any action brought there, state of war has been declared.

Ey German law, as far as they know,

pre

but what about Hongkong? If some people in this Colony were to carry on in London in the way they do bere at the present time I do not know what. would happen to theat. The slogan is against extravagance." Apropos of this Save your spare cash and assist the I am told that a well-known man who nation. How many of us are really has recently arrived in our midst declar doing this seriously and systematically ed the other evening that he found this in Hongkong i I wonder how much little outpost of Empire loss affected by money would be saved by cutting out the war than any other place that he

had visited.

J

After a good day's golf at Fanling and when sixteen nealthy appetites had fully appeased, someone thought of

Mr. Davidson said that that was so,

and remarked, also, that their Lordships must assume that the application was good one on the merits. He would also show that the fact that the defendants were alien enemies was not enough.

The Chief Justice--Assuming this war

plaintiff might be debarred at the Therefore, he said that it was contrary sent moment from making any claim.

to natural justice to stay the proceed- ings. The whole idea that there could be a plea of an alien enemy in defence

eleven o'clockers.'" Within an hour the people who indulge in them are to gether again for a small appetiser' before tiffin, and so on, in many cases, throughout the day until a iste hour in other needs, and in a very few minutes the evening. Now can it be pretended an auction was in full swing on behalf goes on for five or more years, which was very old, and had been exploded that all these revivers" are necessary of War Charities The auctioneer was to the day's work? Of course, they are not the persuasive Mr. White, but I doubt whether even Mr. White's" touch-

Rot

The writer proceeds: And what ing" eloquence would have raised more

God forbid, then you say that the Couri should stay proceedings until the end

of the wart

Mr Davidson--All I am asking your

altogether!

Subsequently the Chief Justice in- timated that their Lordships would like time to consider the master, as the point was whether they could go into the

would be realised each month, I wonder than $130 for an old pipe, or $100 Lordships to say is, the fact that do matter tell. The question was an imi

to "cut it out' and ppol the money thus school would be very

if one of these little schools decided a battered umbrella. " Any old thing," as one of the buyers put it, was offered for sale, and even upon my old cigarette holder a value was put which made me blush with pride."To raise over $1,000 after dinner among sixteen golfers is no

mcan

achievement.

fendants are alien enemica does not make portant one, and they would like t

ty difference. It is quite possible that to consider it. If, in the meantime, they this will not involve an adjournment would like to near further argument,

until peace is declared, but it will cer tainly involve a delay. Mr. Wilkinson's ont is that because I am an alien enemy I have no case. He has got to show that the mere fact of being an alien enemy bars me from the Court's indul

gence.

they would let the solicitors know. The bearing was then adjourned,

NEW ISSUE OF EXCHEQUER BONDS.

saved? The much surprised, I am sure, at the finan- cial result; and I am writing from ex- perience. A drink or two a day, even in war time, is no grese sin, but the nipa

The Hongkong and Shanghai Banking could very well be dispensed with." So,

One of the most noticeable features at

Corporation inform is that they have re- could the joy rides or head-coolers, the Stanley Street fire last week was

ceived a telegram from their London office to the effect that applications will es some describe a motor jaunt at mid the cheerfulness with which the Chinese, The Pune Jadge--I do not know wha, now be received by the Bank of England night Quite a large sum of money members of the Hongkong Police Reserve ther this is the proper time to deal with

British 5 per cent exchequer bonds,

in years, must be spent each month in Hongkong tackled the duties assigned to them. it, or later on. You say, Mr. Davidson, will have the option of repayment in on such extravagances-joy-rides and some of them who were in mufti took

that you wish to show a defence m 1919, if desired. The issue is at par, cocktails at a time when strict economy off their coats, rolled up their sleeves,

Boods aret in even amounts from $100 to German Is Well, your defence, I take $5,000, and may be registered at the Bank is the duty of us all. Large sums of money and set to work unloading riches and it, is something like this: -Our neglect or of England free of charge. Persons not have been sent home from this Colony, lifting them over the fire hose. A few refusal to carry plaintiff from London dom will be exempt from British income ordinarily resident in the United King-

I know, but there has been no pinch felt yet. It requires somebody to lead reform, and commence & campaign Continued at foot of next column.)

Years ago they would have regarded this with disdain as coolie work. Now they understand the dignity of labour in a good cause.

BODEBLOK BANDOM.

to Hongkong is due to the outbreak of tax in respect of the interest on theen bonds in the same manner as previous War Well, should a British subject issues. enter into a contract, which he would be released from in the event of any

An issue of smaller bonds-Es to E land after 25th April. will be made by the Post Office in Eng

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