1918-07-09 — Page 2

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JUST PUBLISHED :

(າຍວາ

PRESA TUESDAY, JULY 9ra. 1918.

THIRD MEETING. SEVEN MEN OUT OF ELEVEN FREED

FOR MILITARY SERVICE.

CRITICISM OF THE MEDICAL- EXAMINATION,

Mr. Bowter-I do not wish the Tri- is well known among the Chinese and-jk bonal to disregard them, but in dealing has been for years and years and, without with the interests of the British Empire being unduly laudatory to my own firm and British trade and confidential matters and its predecessors, we know we bear a entrusted to solicitors it must be con- very high reputation among the Chineso sidered that British merchants and others for honesty, and that leads to a great would prefer to cutrust their interests to many Chines coming to us who otherwise English solicitors rather than to aliens might think their work could be done The CHAIRMAN -We are dealing with the elsewhere. Faubait to the Tribunal that mass of work. You would not suggest, in as long as the interests of this Colony are such circumstances, that the Chinese and Portuguese solicitors should not be con- it is imperative, while you welcome them so essentially bound up with the Chinese, sidored?

here, that you should assure them good.

THE CONSCRIPTION volunteering, after n very drasticcom.

TRIBUNALw.

bing out," the stage referred to by the Ministry of National Service had been reached at which it was impracticable to take any more. We do not understand that the Hongkong Law Society puts it to the Tribunal that this stage has yet been renched in a general sort of way in Hongkong. We have been reading with The third meeting of the Houghing great care the figures sent to us by the Conscription Tribunal was held at the Law Society with regard to the total Council Chamber yesterday afternoon, number of solicitors in Hongkong at the when the Hon. Mr. E. H. Sharp, KC, beginning of the war and the number

of members.

beginning" _of_the_war there were 41 interests are concerned it is found pre-own work-apart from any question of Eleven gates were considered and, as a solicitors here, made up of 36. English, 2 foruble to entrust the legal work to Eng-European work. The firm has grown up result, seven men are to be freed for Portuguese and 3 Chinese. Out of these,

3. military service. In the case of Mr. F. Pup to the present, 15 English solicitors

Major Mongas applied for non-exemp become very familiar with their business with its clients and, naturally, we have Eldon Potter, exemption is granted on have left for military service. In addition in the case of Mr. Johnsen. the condition that be accepts Government tion one has died and one has left the

and interests and it would be practically The CHAIRMAN (addressing Mr. Hind)- work so that, ultimately, a man who other Colony apart from the war. At present, You are 37 and single

impossible for strangers to attend to them The pre-war wise could not spared will be made avail as against 36 English solicitors at the European staff of your firm was thrdo

with the necessary competence and know able.

ledge. I was etrack by some remarks you

U.B.E., presided over a full attendance to-day. We understand that at the Mr. BOWLEY--No, but where British and sufficient legal assistance for their

lish solicitors.

It ia Buigested that he should outbreak of war, there are now 21. As solicitors and now it is reduced to one made at the outset ne to what you had

who, I believe, je a partner of the firm Your practice is almost entirely Chines. Mr. HIND-Chinese commercial practice The CHAIRMAN-Mr. Brutton left about 15 months ago, since when you have carried on. Have you left the Colony during that period?

accept the position of District Officer against the two Portuguese and three solicitor, but you have a Chinese solicitor and that the Cadet who usually carrise Chinese at the outbreak of the war there out the duties of that office, shall get as pro now tave Portuguese and seven substitute for soum fit men in a commer Chinese, the totals being 41 solicitors an cial house. The results, stated briefly, are against 30 at the present time. The Luw za follows:-

Society points out that qualified solicitors can only be replaced by qualified solicitors and that there is a great difficulty in obtaining qualified solicitors now from England.

BARRISTERS AND SOLICITOES,

C. Bulmer Johnson-one month's exenap

tion.

A. H. Crew-one month's exemption. W. B. Hind-three months exemption. W. E. L. Shenton-three months' exemp.

tion:

F. P. Eldon Potter-exemption con

ditionally upon entering Govern. Dent service.

MESSRS. REISH & Co.

W. Sinclair, exempt.

J. H. Brister, exempt.

K. M. Cumming, no exemption.

MESSRS, GIBB, LIVINGSTONE & A. Q. Lang, exempt., G. M. Lakin, exempt.

̈OTHERS, ̈*.

T. H. Matthewman, Hongkong Univer- sity and Messrs. Shewan, Tomnes & Co- no exemption, The members of the legal profession who have been rejected us unfit av E. L. Agassiz, C. G. Alabaster, G. R. Haywood, R. F. Mattingly and FC. Jenkin

W. Stackhouse, of Messrs. Reiss Co., and A. T. Stubbs, of Gibb, Living stone & Co, appeared upon the agenda paper as having been declared unfit, but the Hon. Mr. P. H, Holyoak, represent ing Reiss & Co, pointed out that M: Stackhouse was the manager for the New

The CHAIRMAN (addressing Mr. Crew) You are managing clerk of Messrs. Hastings & Hastings. You do not ask for exemption except that you ask for a short period to finish certain work you have in hand. The Tribunal quito realises that position. Have you anything to adel?

Mr. HINDI left last year. I had been then about eight years in the Colony. I was away about five weeks.

learned from Colonel Fussby ng to the Condition of the profession at Home, that the present stage, as indicated in the circular from the Law Society, had only been arrived at after considerable volun teering and drastic combing out. That is no doubt perfectly true of firme at Homn but uere is less difficulty in getting assistance at Home. If you look at the legal papers you will see every week advertisements from those who have. retired or who are otherwise anxious to

The CHALEMAN-During that time Mr. take over legal work. Wu was carrying on.

Mr. HiND-Yes.

The CHAIRMANI put to you the same question I put to Mr. Bowley The Tri- bunal feels there are in the Colony some qualified English solicitors, unfit or over-age, who are not attached to any firm

The CHAIRMAN That difficulty the Tri- bunal realises:

Mr. LOOKER-It is practically impos. Bible to obtain any local assistance. The much as to whether it is necessary in the question, as my firm views it, is not »n interests of our firm that Mr. Shenton should remain, as in the interests of our clients If the interests of our clients are Mr. CREW-I have nothing to add.

to have adequate care and attention there It is Major Monday--I have no objection to and would ask whether any arrangement is no doubt be cannot be spared.

not for us to say whether they should or a slight exemption.

could not be made with thei

should not have that attention. That is Mr. Hip-I have not heard of one at in case for the Tribunul. If the Tribunal all.

says they are to have adequate care and attention I can any with confidence and The CHAIRMAN-You have told us that complete bonesty that we cannot spalv 1 do not suggest that it could be done be spared. Mr. Mattingly, whom we obtain your practice is almost entirely Chinese muddle along without him, but he cannot Mr. Shenton We might in some way without inconvenience, but I would asked from Home, is unit for a soldier you whether such a practice could not be laid up, and now, as a matter of fact, is fiable at any time to be temporarily conducted by the Chinese.

is nearly half laid up as a result of

kneel. He had to kucel there and the attending the medical examination. One of the things he ought not to do is to doctors now say he should lay up for a week or two. You said, Mr. Sharp, that my firm asked for exemption. I do not think that is quite the correct way to Bhon-put it. If the Tribunal thinks it

The quate attention, we cannot spare him.

ant for our clients interests to harport- ade are asked for if exemption is required The CHAIRMAN In the form where reasong something has been written, and we took

that you applied for exemption. ME LOOKER That is not quite so. 1

Mr. HIND-I do not think so.

The

The CHAIRMAN (addressing Mr. John son) You are 35," I think, and single and have no dependents. The Tribunal has read your papers, and we understand your firm asks for oxemption, first, in the ground that your prowar staff of three solicitors has been reduced to two, Mr. Denny's having left for military servies, nad also because your business is an old-Chinese always prefer to give instructions established business and of good standing to a European. That is my experience." in the Colony, which I think the Tribunad Major MORGAN applied for non-exemp appreciates Mr. Bowley also puts it to us that he does not see how he can con duct this business single handed without the nid of a solicitor, as he would have to do if you went. On that point we would just usk Mr. Bowley whether there are not at present in the Colony some

Lion

The CHAIRMAN (addressing Mr. ton)-You are 3 and married. Tribunal has read carefully the papers sent in and we geo that your firm asks for exemption on various grounds. The first, and I suppose the principal one, is

Zealand Insurance Company in Hong-qualified English solicitors who are that the business of your firm is extensive

kong and in that capacity was attached to the firm. He had nothing to do with

the firm's ordinary business.

BARRISTERS AND SOLICITORS The CHAIRMAN, after apologising for the dday in opening the Tribunal, the immediate cause of which wBA a letter received from the Law Society which had unly arrived at 3.30 and had to be con. sidered, said the first cases they would consider were those of Mr. Crow, Mr. Hind, Mr. Johnson and Mr. Shenton The Tribunal, continued the Chairman addressing these solicitors, bas read with very great care all the papers sent in, and I think I may say that the members are in agreement as to the importance to the Colony of having enough lawyers to do ils necessary business. The Tribunal is also quite prepared to accept the view that any lawyer at present in the Colony is important to his own firm, but of course, the question we have to deal with

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individual ought to be exempt not merely in the interests of his firm--which the Tribunal has no power under the Ordin- ance to do but in Imperial interests or the essential intereats of the Colony. We have bad one or two letters from the Law

medically mit or over-age, not attached any fire, with whom arrangements might be made if necessary to assist in the work you, Mr. Johnson, am doing!

Mr. BoWLEY-I do not know of any, sir. The CHAIRMAN-It is, perhaps, not for the moment for us to suggest names, but it is in the mind of the Tribunal that there are qualised English solicitors her who are not attached to any of the larger firms with whom arrangements might aade.

wish to put the matter forward expressly as I have just stated.

Major MonGAN

applied

for non exemp- could be recalled from leave to take Mr. tion and suggested that Mr. Harston Shenton's place

to the Law Journal of April 6th, the Bowley mentioned that according number of solicitors who had joined up for military service at Home, was 3,000 out of 20,000-10 per cent. against Hong- song's 42 per

and of importance to the Colony. That I do not think the Tribunal will question; we have read the list of your firms's regular clients, and we know of our own knowledge that it is so The second point your firm maksa, in the papers submitted is that the pre-war stuff of the firm was seven solicitors which has now been

Mr. HIND-One point I should like to reduced to five, of whom one, Mr. twice te volunteer and went before the be allowed to make is this. I have tried Harston, is at present away on leave and doctor in 1914 and 1915. Both times returns about October. Take solicitors was declared unfit. It was owing to my being considered unfit that Mr. Brution Mi. Steavenson, Mr. Lang and Mmade his arrangements to go. He would

as modically unfit. not have gone unless I had been regarded Mr. Brutton still in

to that your firm has allowed to go for military service one shorthand clerk and The Tribunal appreciate

one cashier.

Mr. Bowler I have not heard of any Stokes have left for military service and The Cuuruis-Communications have one, Mr. Mattingly, who is medically been made to Mr. Fletcher and he will unfit, came out from Home. In addition be quite prepared to inform you regard ing them. It would not serve any useful purpose to mention names, and we have no desire to force upon you any arrange ment you do not desire, but we put it to you that there are such English solicitors and ask if it is not possible for you to arrange in this way.

Mr. BOWLEY--I am acquainted with all

those facts. Have you anything you wish to say," Mr. Shenton?

Mr. SHENTON--Nothing.

The CHAIRMAN-Is there anything you wish to add, Mr. Locker

The

the

Mr.

Yea

will he to the Colony!

Mr. HisD-1 expret 10. must return.

I think he The Tribunal considered its decision in private, and subsequently the Chairman announced that Mr. Crew and Mr. John- son would be granted one month's exemp tion and Mr. Bind and Mr. Shenton

The return At the end of the war

three months'

The case of Mr.

Mr. Loogzz-There are various points considered.

I should like to raise. In the ordinary way two of our firm would be here to day

Potter was then

The CHAIRMAN (to Mr. Potter)—You are

12

the solicitors in the Colony and I know

38 and married and 1 understand dine of no one who could act as a substitute,"

you personally do not ask for exemption

Mr. Porge-1 More I do not have received The CHAMAN (addressing Mr. John-instead of one, but as soon as it became son)-There is nothing you wish to add?

apparent that couscription was coming communication from the Law Society into force in the Colony I told Mr. Society says, "In the opinion of my com

with regard to you, Mr. Potter. The Law Mr. JOHN UN-Nothing, Mr. BowEET-I would like to point out Stevenson that, if it did come, I could mitte it is in the general intereste Society and our attention has been drawn with referencs to the numbers given that not, conscientiously claim exemption for the colong that Mr. Potter should con-

tinue to be available both to the to a statement made by the Ministry of there were before the war 28 English him and Mr. Sleevenson replied that befession and to the public, particulapra National Service on March 6th this year, solicitors, and of these 17 have left the preferred to volunteer. If it had not on my committee understands that Mr. which we have considered with great care Colony and, with Mr. Crew, the number been for that we should have had two men when the Tribunal has concluded its s

Sharp, K.C.. intends to leave the Colony and which we take it to some extent, and will be 18. The net result is that 50 par

fit here to-day instead of one,

and is uncertain whether he will return indred to a large extent, is indicative of

The CHAIRMAN--The - Tribunal fully Continuing the Chairman said he was realises that was the position.

to endorse the latter part of the statement or to say that it was Dot Fo.... Mr. Fooxen --I would like to point out that you are the only fit member of our (To Mr. Petter) The Tribunal realiser

an appoint

the way this difficult matter should be cent of the English solicitors at the dealt with. The Ministry of National beginning of the war have left the Colony, Service on March 8th, stated, "So far as wounded and a new one has been admit with regard to the various remarks about branch of the profession. Mr. Pallock is

As against that one solicitor has returned solicitors themselves or their skilled The CHAIRMAN And four Chinese Chinese solicitors doing Chinese work over age and Mr. Alabaster and Mr. clerks are concerned a stage has now been M. BOWLEY-Yes, but the reduction in that, of course, to a certain extent Chinese Tribunal understands, also, that the Henkin are, unfortunately, unfit.. The reached at which their numbers should not English solicitors has been about 42 per solicitors and Portuguese solicitors should Government has offered you an be further depicted unless it appears that cent, and I submit that the profession has be competent to do Chinese work. 1 Dent, as I think, an Assistant District

Officer 1 the zen in question would be doing more been depleted to probably an equivalent, think, however, it must be borne in mind. It is, we understates of the title. important work in the national interests and, perhaps, greater extent than in that this Colony has suffered a very great appointment of magisterial or legal a whole time Cadet after being called up for military servico England, and you have already referred deal from what I would describe

character and it is csential work. I as understand you have been offered that than they are doing in their present to the fact that the Ministry of National fomented Chinese litigation. It is one

with a view to freeing Mr. the work, to take up the position realise, and in so doing we have been, England a stage has been reached at its best to stop and I, personally, chunot of a fit man who could not otherwise go- at present helped by Colonel Passby, who himself is which the profession should not be fur- think it is desirable in the interests of mar 16, but we understand that the bes

We do not at solicitor and gave up his practice carly ther depleted. If that argument applies the Colony from that point of view that of the whole proposal and it is only

present

know who that

fit in the war. We realise that after very in England it applies with greater force the Chinese work should be taken entirely consider it is that a fit man should go upon that basis that the Trioprad would away from responsible European fra The Tribunal only has power to deal with profession in England and, I think, there The ChuEMAN Do you suggest it is our My firm has been established in this fit men in this way if they are prepared has been a very fair parallel to that in duty to disregard the Chinese and Colony, I think, almost since the Colony Would you be prepared to acrept this to accept the work offered to them. Hougtong-and, following that period of Portuguese solicitors

itself was established. Our Chintee name appointment!

employment. That, gentlemen, we Service has come to the conclusion that in of the evils the Government is

doingtoo is unfit, and

extensive volunteering among the legal in Hongkong-