1917-08-21 — Page 3

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CORRESPONDENCE.

THE MILITARY SERVICE BILL

[TO THE EDITOL OF THE "HONGKONG DAILY PRESS.""]

4

THE HONGKONG DAILY PRESS, TUESDAY, AUGUST 31m, 1917.

ja trial; that he may be punished by in- prisonment for being absent without leave; and may also be imprisoned for neglecting to obey, any "general garri- son or other orders." Neglecting to obey," you observe, nor Wilfully die obeying," Wo shall all have to rend our Sin-1 shall be obliged, if you will morning papers carefully for the next 20 allow me a little of your space to cum-years or so. ment upon some aspects of the Military Service Bill which do not seem to have attracted attention.

The Attorney-General, in moving the second reading of the Bill, sated that its object wis to make all make British subjects, between the ages of 18 and 56,

THE BIG OPIUM CASE.

ATTORNEY-GENERAL EXPLAINS GOVERNMENT'S POSITION

The big opium case in which two pro minent Chinese merchants, Le Hysan and Ma Chi Lung, are sued by the Officia! Receiver for the return of 100 esses of opium or their equivalent in value, took another soinewhat sensational turn" yes, today, when the Attorney General ex plained the Government's position in the

CANTON NEWS.

[BY COURTESY OF THE "CHUNG NGOI BAN FO."}

THE SOUTHERN PROVISIONAL

GOVERNMENT.

The members of Parliament in Can

ton held u meeting on Saturday to discuss the questions of establishing a Parliament and the formation of a Pro- visional Government. After some dis cussion the meeting was adjourned unitil: The Chief Justice and the Paisie Judge the 5th inst., but it is understood that sat on the bench while the statement, was Dr. Sun Yat-seni, in conjunction with the being made, and just previous to the Amembers of Parliament, has decided upon A word should be said about the pro-torney-General's remarks the Chief Justice Provisional Government for the South

It has been suggested to me that, of course, these powers will never be used But in that case, why pass the Bill? Y am unconvinced by the argument that enormous powers may be given to offeinds because they will never be used.

vasc.

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ete liable to military mrvice when posed regulations. One gets the impres said that on the last occasion Counsel and that it will be formed by September ARCHIBALD EADIE & CO., LTD.. GLASGOW.

sion that these tone down the Bill, and called for such service. This, of course. is quite proper, but I doubt whether make everything comfortable. But, in class fact, they do not modify the Bill or the many people realise that the referred to will be called up at once, and Army Act at all. There are to be will then not only be liable to military drills a year-but not only 50. There are service bat will be actually under mili-to be 8 compulsory days in Camp-but tary discipline in peace or war for the not only 8. By a stroke of the pen, the rou of their lives, or until they reach drills may become 200 and the days in the age of 55. If there was any doubt camp 31. Even if this were not the case, about this it is removed by the attend the regulations now provide for 50 drills went to the Bill itself, which automati-year plus Camp, and apparently, plus cally call up the Volunteers and Rifle practice. Is it really necessary that

Kerves.

All male British subjects, between the prescribed ages, now in the Colony, will on the passing of the Bill, with very few exceptions, become subject to the Army Act practically for life.

appeared in Chambers in that matter, 1st,

he (the Chief Justice) was told at that Dr. Sun Yat-sen has 'cabled to the time that the learned Attorney-General | Chinese communities abroad waking for desired to wake some statement to the subscriptions towards expenses. He has Court with regard to the case. There asked for $2,000,000 from the Straits fore, he was sitting with his learned bro ther that morning prepared to listen to any statement which the Attorney-tien- cral desired to wake.

EADIE'S

Settlements, $2,500,000 from America ansi ANTICORROSIVE PAINT

$2,000,000 from other sources.

Dr. Sun has also telegraphed to the

ex-Premier Wu Ting-fang asking him to come to Canton to help him, but Ww has replied that he is too old and sick and that he will send his son, Wa Chui-shui, as his representative to assist Kuomintang.

tbc

General Lung Chai-kwong luas receivod a letter from his elder brother stating. that fighting between the Kuomintang He and Chui Pu-tong, will not cease. advised General Lung not to interfere with either of the two Tonge.

THE SOUTH AND THE WAR WITH GERMANY.

The Attorney-General then said:

instructed by the Government to take clear to the Court the position of the hard-worked men in responsible posi-Government in this matter. The Govern tions should be required, after peace is ment have only one object in view, name

fours declared, to continue forming

ly, to see that justice is done in this cure,' every week for the rest of their lives and

on whichever side justice may lie. The going annually through the minute de-

case first came directly to the notice of tail of the masketry course ?--not to speak the Government in the forin of a repre- Mr. Kemp says the Army Act applies of the 8 days in camp in cold weather, sentation to the effect that the Official to Colonial forces "only in so far as the which can scarcely be good for middle- Receiver, owing to lack of funds, was Army Act mag be modified by local aged men provided with nothing warmer unable to continue the proceedings.

an under-state-than khaki dril uniforms. In time of was pointed out that, in consequence of legislation." This is ment. The Act applies absolutely, but War there are pinpricks which must be the extraordinary length of the proceed-clamation declaring war on Germany contains a proviso that nothing in the borne, but we are not being asked to hearings, the shareholder who was providing Act. shall affect the application them only in time of War; we are asked the funds for the Official Receiver had, Colonial forces of any Act passed to bear them indefinitely in times of

The peace, with the possibility of increase. by the legislature of a Colony. functions of the Colonial legislature, therefore, are not confined to modifying the Act; they may add to its burden.

to

The Bill provides that the Army Act shall apply, subject to any regulations made by the Governor-in-Council under this Ordinance, and certain regulations bave been framed

These regulations, as Mr. Kemp said, do not differ very much frun the existing arrangements in force in the Volunteers and Volunteer Reserves. But the Governor-in-Council may suspend the regulations when he pleases (8.6 58. 2). and, moreover, may (8. 8) make any regulations whatsoever which may he desirable for the "constitution, manage ment, training, service and disipline of the Corps." Disobedience to regulations will presumably be punishable by impri-

sonment.

ing the rest of their lives in the Colony be entirely in the hands of the Governor- in Council. In the case of a weak Gov-

ernor, they will be practically under the

|

If this legislation is really necessary at the present time, then pass this Bili with a proviso that it shall lapse six months after the conclusion of the War.

War legislation should not be carried over to times of peace,

His Excellency stated at the Council meeting that the Empire would not take such a retrograde step as not to have National Service after the war. I would put it differently. The Empire may be probably will be, obliged to take the retrograde step of having National Mili- tary, Service after the War, but that is

1t

in supporting the winding up proceed- ings and the present action, already spent a considerable fortune and the whole of It

reason why we in this Colony should

When the facts disclosed in the wind take a further step backward and adopting up proceedings, and the charges

system more reactionary than the very militarism against which the world is now struggling.

It

Owing to the independence of the LARGE

South there has been considerable specula. tion as to whether the local Authorities should pay heed to the President's pre and Austria-Hungary. We understand from requires made, however, that the Authorities have notified the various Consuls in Canton and will advise the public that they will carry out the terms of the proclamation.

THE INDIAN MURDER CHARGE

CONVENIENCE OF COUNSEL

Mr. Jenkin-On the ground, my lord,

his resoureca at present available. was also pointed out that the action was probably about to be dismissed, part hard, and that the shareholder in ques- tion would perhaps be ordered to pay

When the Hongkong Criminal Sessions the defendants' heavy costs, solely because opened yesterday, Mr. F. C. Jenkin, who he could find no more money for the pro- Indian Naval Yard

has been briefed to defund the thres policemen who secution of the action; whereas from the are charged with the murder of facts disclosed in the course of the pro-Yard Police, made an application in Indian Sergt. Major of Naval seedings it appeared to be manifestly in connection with the case. Counsel the interests of public justice that the asked the Chief Justice if he would give permission for the case to be taken at the case should be carried to a conclusion next Criminal Sessions. The people most one way or the other.

concerned in that application, and the result of the success of that application, have to remain in Victoria Gant for that would be the men themselves, who would which have been made in the present ease; period. Counsel understood, however, were thus brought to the knowledge of the Government, they were of opinion that the accused men were quite willing that the charges made, whether true or to consent to remain there if his Lordship

granted the application. was argued by the Government false, were such as to demand investiga- The Chief Justice enquired on what Therefore every male British subject in against Mr. Holyoak's resolution on the tion by the Criminal Courts at the ear" { grounds the application was made.

liest opportunity, They accordingly this Colony between the proscribed ages exclusion of Germans that this was not decided to institute criminal proceedings that they desire my services, which I can (which means practically all) will dur- the time for it; that it was a question against two of the defendants in this not give them at these Sessions.

action, and such proceedings have been The Chief Justice--I am always very which must be determined by the Imperial commenced. authorities after the conclusion of peace.

The intention of the Government was the duties of Counsel, but I must say anxious, when I possibly can, to facilitate to proceed with these charges forthwith that I have never heard of an applica That was a very reasonable argument,

but having regard to the view expressed and it is equally reasonable to-day and by your Lordships against the continution being made before on the ground you state. Unless the Crown' support applies with great force to the question ance of the criminal proceedings during the application, merely on the ground the pendency of the civil action, the Gov. of inconvenience to Counsel, I do not ernment have decided not to proceed at think I should be justified in creating of defence after the Wat.

What reason is there even for discus-present with the criminal preceedings, such a precedent.

which will thus remain in suspense. It Mr. Jenkin said he would like to con- must, however, be understood that the sult with the Attorney-General on the the application of compulsion to thossing this difficult question now, and a

point. few persons who have not volunteered, fortiors what reason is there for actually criminal proceedings are not abandoned. As regards the civil proceedings, it ap- and it would facilitate the lusion of the introducing legislation infinitely more

pears to the Government, upon the Bat, with great drastic than anything that is likely to be material before it, that it is unt in the Volunteers and Reserves.

at the interests of public justice that the case respect to Mr. Kemp, it will achieve tolerated in any free quarter

should be dismissed without a decision, It Empire:

because the plaintiff cannot find the neces greater thing than either of these.

We have had a terrible coil in this wary funds to continue it. The Govern will deprive the British subjects of this

Colony about fi returs of the Germans, proposes, therefore, tooing Colony of their civil status.

public funds the responsibility for I will refer to the Army Art shortly, and a great, signing of petition, for future costs of the Otheial Receiver, and representative Government. But when a for such costs as the Court may award It is a complicated enactment of 96 sce

against him if the defendants prove suc: tions intended to regulate the regular measure which derogates directly from cessful. It should be understood that the forces of the Crown at all times, and the the liberty of the subject is brought position of the Government will be that opcasions. tore the legislature, our sutal of a guarantor of the persons who ori- ginally guaranteed the Official Receiver auxiliary forres un

Buy These persons will still remain primarily in practice it applies to forces actually members "rear you a gently as

and the public is liable to the Official Receiver for all the on service all their time and assembled in sucking doves,"

will be liable to reimburse the Gov barracks, billeis, or camp. It is extreme apathetic. Many people to whom I have and with he may have to bear or pay, would not ly difficult to appreciate what its appli-spoken say: "It doesn't really matter ernment for for costs the fovernment may have to bear or pay on behalf of the Official Receiver. 'cation will be to a fures like the Hong.much; it won't be enforced."

of Perhaps some of your readers may The Government has instructed me to kong Defence Force, the members

state their position in the matter, thus which live in their own homes, and have think differently.---I am, etür,

fully to your Lordships, in order that it may be clearly and publicly understood their own livings to ears, when not engaged on military duty. It seems to

themb of the military authorities.

Mr. Kemp stated that this Bill would achine two things it would facilitate

certam

EDGAR DAVIDSON.

Subsequently Mr. Jenkin said that the Attorney-General could not see his way

clear to agree to the case going over until the next sessions, but would agree to a day being fixed.

Eventually his Lordship fixed the case for nest Thursday week and the follow-

Friday.

coa-

While those proceedings remained decided the defendants suffered a tinging serious damage to their credit, and it was therefore, right that they should have the issues tried to a finish and get a judgment from a competent Court clearing there entirely, so that it Bay, "Oh, wo might have proved these charges if we had had the money,

be in the mouth of anyone to

or

Wo would have proved these charges if we had had the money. Now the Gov the defendants were financing themselves, ernment was financing the plaintiff, and but the defendants did not mind that, They wished to meet those charges, and

P. 8-Since writing the above, I have that its intervention, with the use of their one regret was that the Crown, an

is not due to any pre-judgment or formed ing to get that dispute decided in an

subjected to a disciplinary Act (of whose interest, Roope they cannot but be ignorant) for practically the rest of their lives.

SAIGON RICE MARKET. The Compagnie de Commerce et de Navigation d'Extreme Orient, of Saigon, in their report dated August 14th state:-

me to be a very serious matter indeed read your editorial of this morning, public money, in the civil proceeding, they considered, was ill-advised in try- that the male British population of this which is in point but, 1 think, hardly opinion as to the merits of the plaintiff's other way, although that other way was Catony should, without their own consent goes far enough. This is my reason for case, nor to any desire to protect or in- not how being procceded with. Of course, and with the slightest of warnings, be hoping that this letter may still be ordemnify the Official Receiver: but that it the fact that the criminal proceedings |

is taking its present action solely because of, and in deference to, your Lordships were started, to prevent the civil pre-

ceedings

becoming operative, had in- expressed view that the criminal proceed flicted an enormous hardship on defen- ings should remain in abeyance until the dants in that esse. The defendants were civil action is concluded. The share: bolder that I have referred to is wholly men of business, and, like all men of busi ness, their credit was a tremendous asset, unable at present to provide any further and to have criminal proceedings hang- funds for the prosecution of the action, ing over them for perhaps a year, which and the course which has been taken by

didered were monstrous and oppressive the Government 16, therefore, the only may never come off, and which they con practicable method of at ones giving inflicted a great hardship on then. How effect to your Lordships' view, and at-

ever, they were anxious to meet those the object of the Government charges, and anxions that that case should complishing Our market is firmer on account of a of seeing justice done.

Mr. Alabaster, on behalf of the defen- go on and be concluded at the earliest decrease in the arrival of paddy.

dants,

said he would like to say that the possible moment, and they hoped to fully The total amount of rice exported from defendants welcomed the fact that the clear themselves to the world, and then Government had undertaken to finance be in possession of such rights against one of the partners so as to see that the those who had launched that prosecution issues in that ease were tried to a Buish because the plaintiff had chosen to launch civil

proceedings against the defendants involving serious charges which the defen- dants felt that they could wholly refute (Continued of foot of next column,)

Many of your readers will, no doubt, consult the Act for themselves, and will! probably agree with me that it is indirect legislation of the worst kind.

It may be of interest to point out that, anong other trifles, any member of the Corps will be liable until he is so to be court-martialled both for military and for certain civil offences; that in certain enses he may be tried for the seme offences first by court martial and then by a eivil court; that if charged with an offence, and taken into military custody, he may be detained for 8 days without

the 1st January up to the 7th August is 749,45 tons against 523,148 tons in 1918, We quote to-day white rice No. 2 sifted Japan quality, Hongkong dollars: 3.69 per picul fo.b. Saigon, for August to September shipment.

the law would give them. It was fully understood, of course, that although an officer of that Court was nominally plain- tiff, that the charges were made by his witnesses, and they were defended by the defendants themselves

The case was then proceeded with.

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