1918-08-29 — Page 3

HONGKONG LEĠISLATIVE

COUNCIL.

MR. H. W. BIRD ELECTED BY MAJORITY OF FOUR VOTES.

The election to fill the vacancy in the representation of the unofficial Justices of the Peace on the Legislative Council during the two months' absence of thu Hon. Mr. Pollock, K.C.. took place yester. day. The result of the voting was as follows

དྷྭ་

Mr. H. W. Bird...... 44 votes. Mr. A. R. Lowe.............. – ka- It will be remembered that, at the outset five or six candidates for the honour were

mentioned One refused nomination and

the others withdrew their name, so that there was a straight Gght between Mr. Bird, Mrs. Palmer & Turner. architects, and Mr. Lowe, of Messrs. Lowe, Bingham & Matthews, accountants,

THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 99TH, 1018.

FALSE TRADE DESCRIPTION: SHORT MEASURE IN JAPANESE

REEL COTTON,

INTERESTING LEGAL DISCUSSION.

The recent discovery by the Hongkong Police that certain brands of Japanese cotton sold in the Colony beer falsa trade descriptions has resulted in some big- Chinese dealers being summoned for breaches of the Trade Marks Ordinance.

Yesterday's proceedings at the Hong kong Magistracy, before Mr. E. D. C. Wolf, were not devoid of interest. The Kwong Ying Yick firm of No. 378. Queen's Road Central, were charged with having in their possession a quantity of

cotton reels to which a false trade de-

seription had been applied, and further, with having sold the cotton reel in question.

It was. perhaps, rather unfortunate that

The Crown Solicitor prosecuted, and the issue was not left clearly to these two | MF, "F", _ X, 'd'Almada appeared for the champions from the beginning Promise, defence. of support would not then have been The Crown Selicitor said that eases of given. as they were undanhtedly in some this inture were being taken because it instances, before it was known precisely had been found that a large quantity of between whom the choice had to be mad Fenttua Perls of short measure were being Theselection aroused far more interest sold in the Colony," Inspector Terrett than elections usually have done in the went to the defendant's shop on August Colony, Both bandidates published un-16th and purchased a dozen of reels dresses setting forth their views on various of Japanese cotton of the "Umbrella" local questions, and yesterday morning Brand which bore the false trade descrip- Mr. Lowe issued a cartoon in which tion complained, of---“Best card 500 *vested interests" were represented by yards**

an netopus, with tentacles stretching out · Mr: d'Almad。 admitted that the reels in all directions bearing references to the bore a false description, but contended artisition of yarious companies. At the that his client had no reason to suppose Bottoms was the exhortation-Vote for that the did not contain 500 yards, as Lowe on Bird, but "Lowe far choice, as stated he protects your investments-why not. Inspector Terrett deposed that after then, your wish for, good government."

he had purchased and paid 80 cents for Aumber of motor-cars were also to be the dozen reels, he measured me of them a round the town "bearing placards. and found it contained yards. He Vote for Lowe, the man you know, he asked the defendant to come to the knows his own mind." and, again, "Ventral Police Station the next day, for Low, the Independent candidate."| it was all strange to Hongkong, and only |

whin three more reels were measured and a brass band and something of a pro- were found to contain 442. 40 and 439 cession was needed to make us imagine yards, respectively. Japanese cotton we that we were dealing with the real thing

usually under the measure stated on the The electorate was a small one.

In the reels: this statement he made on the latest published list there are iar non-knowledge he had gained in his work. official Justices of the Peace, but only 34 Japanese cotton was also much cheaper than English cotton. When witness WAS in the shop the defendant told him that he did not know the measure was short. He imported the cotton from Japan.

of these are in the Colony at the present time.

There are 60 official Justices According to a ruling given by the presi- ding officer it appears that these Justices are legally entitled to vote. In deference to the wishes of the Government, however, they refrained from exercising their right. The ruling has aroused some comment, because it has entirely upset the opinion generally held that the representative of the Justices on the Council represented the non-official J.P and that they only could vote at his election.

Chew Wan San, the salesman of the defendant Srm, gave evidence that the Cotton was obtained from Japan on or about May 4th last. He and no reason to believe that the reels contained less than 500 yards. He had found certain piece. goods which he had bought previously fron Japan to be correct in measure.

Cross-examined: He had been connect ed for 8 years with the defendant shop, to the poil demonstrates the value of which contained Japanese and British putting a little energy into the proceed.goods.

He had obtained 60 gross of

That&t out of an electorate of Di went

|

to prove either that he had taken every precaution or that he had acted inno cently. Thr defendant under Cross examination. had admitted that he had measured certain Tapanese piece-goods, and it was therefore curious that he had not measured the cotton.

+

The Magistrate observed that be thought that, except for this point,

defendant had acted innocently,

the

The Crown Solicitor remarked that in Stone e. Burn (page 903 of Stone. 1911 edition) the definition of innocently **. was given as vinadvertently."

A RUNAWAY MATCH.

PENURIOUS CHINESE LOVER."

CHARGE OF ABDUCTION.

At the Hongkong Magistracy yester day, "before Mr. J. R. Wood, a Chinese

LANE CRAWFORD

AND COMPANY,

youth was charged, on remand, with un- LADIES' DEPARTMENT.

lawfully detaining a girl under 2 years.

of age at No. 111. Hollywood Road, with- out the consent of her parents.

Mr. Wood, of the Chinese Secrétariat, prosented,

The father of the girl, who is residing at Mungbom," stated that he had two) daughters. On August 3rd his younger Idaughter asked for permission to go to

antly" meant accidentally." (Laugh the theatre at Canton, accompanied by ber

The Magistrate said that inadvert

tor.)

The Crown Solicitor next cited from

Queen's Bench, page 256, the case of Christie Manson e. Wood, In that case an auctioneer was to have sold some

brother. He consented and she did not

Later on he heard that she had:

return.

accompanied a young man to Canton. He did not know defendant before.

Mr. Wood stated that overtures had been made by defendant to the father to marry the girl, but the father had refused:

The father of the girl, however, denied this, stating that defendant had only | spoken to his elder daughter, asking her. to act as the mediator. Defendant did; not ask witness' permission or that of his wife, which was the gual custom. When he arrived in Hongkong on August 17th witness set various machinery in nation to trace his daughter. He discovered her protary for Chinese Affairs.

on August 22nd and took her to the Secre

Dresden chinn. Before the sale he got a warning that the china had not been manufactured in Dresden at all. There fore, on the day of the sale, the auctioneer announced to those present that he had been told it was not Dresden chins, but he would put it up for what it was worth. In that case it was held the Auctioneer had taken precaution that the article ho sold did not bear false description." "In the present case, if th defendant had adopted some such cedure if, for instance, he had told his

Defendant stated that during the last customers that the reels were said to

Chinese New Year he met the girl and| her elder sister at a house in Hongkong. contain 500 yards. but that he had not He liked the girl and spoke to the elder measured it and was therefore not sater, who promised to allow him to corts in-then the prosecution would have he would not be able to marry her for marry the girl. He said, however, that failed, because it could have been considere leaving for Canton, which they time. They then replied that they ed that the defendant acted innocently, did. A few weeks later the two sisters The defendant. however, told the Inspec returned and visited his house, inviting tor that the reels contained 500 yards.

him to dinner at the restaurant at which they were staying. He went there, and; The Magistrate interposed that whereas

after dinner the elder sister told him to the auctioneer in Christie. Munson

take her younger sister to a theatre and Wood had been given notice before the

talk over the marriage with her. He did Next day the sisters went to Canton. sale that the china was got from Dresden. Chin Street and stayed with him, for They returned later to his house in the defendant in the present case had no about, a fortnight. When they left they warning that the cotton reels were short promised to come back in a few days. Between July 15th and 18th, the younger girl and her brother stayed with him, and on the last occasion they paid a visit to Canton. The girl then wen; horne to her parents, and a day later he received a message from the girl asking him to bring ber back to Hongkong. The fares were paid by second purty. On arrival în. Hongkong be engaged a room in Holly- wood Road, where, le, the girl, and her brother lived till he was arrested

When charged with abducting the girl be denied herself had rented a room, and he volun- it te informed the parents that the girl teered to accompany them to the Secretary

measure.

#

The Crown Solicitor pointed out that it was up to the defendant to warrant the goods he sold. His could not be con- sidered as having acted innocently if he failed to take the precautions which, he should have taken.

The Magistrate observed that, if it could be proved that Japanese cotton was imported into the Colony because it was cheap, and thai cheapares could caly be because the goods were not really what they were represented to be, then the seller must know that "the goods bore a false description.

#

The Crown Solicitor asserted that the defendant had said the Japanese cotton was cheaper than English cotton,

The Magistrate said that it was gener- ally admitted that Japanese goods were cheaper because they were not so good na English.

defendant did not take the trouble to measure the cotton reels before he sold them to Inspector Terrest

%0.

for Chinese Affairs.

Cross-examined, witness said he paid) several visits to the girl's parents' house had not married the girl yet, hat had at Canton and had stayed with them. He promised to do so when he had sufficient

money.

The principal enuft of the house 1 Hollywood Road gave evidence to the effect that defendant paid ner as rent for a room which he had engaged. He lived with defendant, who informed wit sent the money by a small boy. The girl

ness that they were hushand and wife. The little boy did not, sleep in the cubicle in which defendant slept.

Defendant said that the younger brother;

57

cooler.

The mother stated that her daughter Her father supported her, and she spent earned money by "spinning yarna. all her money on jewellery. Her tainly seemed peculiar that the defendant defendant; he never visited her house. The Magistrate remarked that it certo see her aunt. Witness did not know daughter frequently paid visits to Canton

had measured piece goods when he There was no proposal of marriage made if he did not do so, while he took no asked her.permission she would not have thought that he would have to suffer loss by defendant, and even if defendant had precautions whatever in regard to the given it. She visited defendant in Holly goods by which he would have sustained wood Road and saw her daughter there, Her daughter had received eight proposals

with defendant, and her daughter did not of marriage which she rejected. Witness charged her daughter with running away

told him that she was not speaking to reply Defendant interfered and witness!

the Secretary for Chinese Affairs, him. Defendant accompanied witress to

no lows.

Mr. Wood said that the elder daughter was friendly to the betrothal.

Witness replied that she did not know anything about the matter.

ings. Among those who did not vote Japanese cotton because they were cheap "The Crown Solicitor said that the slept on the "verandah. because it was were Sir Ellis Kadoorie, Mr. F. Cand customers had complained at the Jenkin, and the Hon. Mr. Lau Chu Pak. price of English cotton. Business being The ballot box was opened at 4 p.m..by dull just now there were fewer customers; Mr. E. D. C. Wolfe, who acted as Return. things were bad beenuse of the floods and ing Officer, assisted by Mr. G. A. Wood brigandage in South Chinn, in which cork. The first to register his vote was districts he had many customers.

The Mr. C. G. Alabaster, who was followed, customers who had purchased this Japan- a couple of minutes later, by the Hon. ese cotton had repeated their orders. He Mr. E. Pollock. KIC. As the time was a member of the Hip Yick Guild, wore on a careful observer could see that where business matters, were discussed. the contest would be a close one.. Mr. He had not heard any complaint of A. R. Lowe was present at the polling shortage in Japanese cotton among the booth throughout and most of his suppor

members of the guild. He had measured ters gave him some indication of their certain Japanese cloth because sometimes intention when they entered the room. his foki took the cloth for their own use. Between, 4 and 3 p.m. there was a con. Having heard that Japanese cloth was stant stream of voters. Then there was always correct in measure, he had en- a dull half hour and a few of the quired from customers and they had told laggards had to be hunted up and him that the measurement of cloth was brought in motor-cars to do their duty.

always correct. He made no enquiries in Towards 5.30 Mr. Bird made his ap regard to cotton because it was his first pearance, and, at Mr. Lowe's suggestion, consignment and because he only stocked the two candidates, accompanied by a few friends, adjourned to the Club. The it in small quantities. He knew that, Pressmen were invited into the "count under the laws of Hongkong, when be ing house."

The voting slips having been surted, sold an article be warranted it to be what Mr. Woodcock counted Mr. Lowe's papers it was supposed to be He had not and announced that he had accured 40 ascertained the measurement of the 68 votes. Mr. Walfe, when checking, made the number 12. If Mr. Wolfe's first gross of cotton which he had sold before count had been correct the result would the remainder of his stock was seized. have been a tie." Further counting. however, by Mr. Wolfe confirmed Mr.

The Crown Solicitor said he called Woodcock's figuro.

the attention of the Court to Section 15 By the time the result was known the of the Ordinance. He read extracta two candidates and their supporters had which showed that it was incumbent on returned to the ofice, and when Mr. Wolfe announced that Mr. Bird had been the vendor of any article to take proper elected by four votes, Mr. Lowe was the precautions to find out whether that first to offer the newly-elected member of article was really what its trade-mark

hearty congratulations, Then others joined in and for a few alleged it to be. Under Section 8 the moments there were hand-shakings all

onus was on the defendant to prove that found.

he was not guilty-an opposite practice not to offences under most other Ordinances,

Council his

The anticipated Apeech did materialing, Mr. Melbourne informed

which the defendant would have had to Mr. d'Almada showed the dificulty go through if, as the prosecution sug geated, be monaured every reel of thread bigger European firms in the city bad in the shop. He submitted that even the

never measured one reel of thread in their shops. He thought the reels were short, not because less cotton had been intentionally put on them, but because the wooden reel itself was not constructed. The girl deposed that she left her par uniformly. He went on to say that it ents' house on Angust 3rd, without their was the first consignment of Japanese knowledge, and accompanied defendant so cotton which the defendant had received. | Hongkong. She paid the rent of the room He had no reason to imagine that they out of the money she had saved. She had piece-goods and found them correct, and and be had proposed to her elder sister were short. He had measured Japanese known defendant for over cleven months,

could not therefore" tell himself that the touarry witness. He visited her parents' reels were short,

house at Canton about last February The Magistrate" In any case, if it Defendant had not spoken about the marriage to her parents. When she came is, I don't lose." (Laughter.)

Mr, d'Almada went on to say that the to Hongkong she had no money, and she defendant had received no complaints pawned a pair of gold-mounted rattan

bangles for $14. that the cotton was short. 11 he had, be would have communicated with Japan. He aubmitted that the defendant's con- versation with the Inspector, after the latter had purchased the reels, answered the Crown Solicitor's argument that the defendant had taken no precaution, even to tell the Inspector. When the Iuspec tor had completed the purchase and had measured the reels the defendant told him plainly I didn't know: I imported them from Japan." The defence that he acted innocently.

The Magistrate asked if these Japanese cotton reels had only just come into the

market.

The Crown Solicitor said that the reels. had been imported into the Colony for some considorable time, but it was only

the gathering that a chair had been placed He submitted that he had proved that the because he had received several com- on the rool from which the winning can trade description of the Umbrella "plaints recently that he had commenced didate could return thanks to the electors, brand of Japanese cotton was false, and these prosecutions.

The Magistrate said he would give his the onus was, therefore, on the defendant decision next week.

but Mr. Bird modestly refused to mount the pinnacle. «

Defendant stated that the girl had told him that if she were unable to marry him she would kill herself.

anmething inaudible and was turned out At this stage the girl's mother muttered of Court.

parents

The girl stated that shy left her house willingly.

The Magistrate observed that defendnot seemed to have been living on the girl' resources all the while. At the same time it was a joint enterprise, the girl being perfectly willing to accompany him. It seemed more as if the girl was harbour- ing the defendant, as she was supporting

him all the while..

Mr. Wood said that defendant did t seem to have any honourable intentions as regards the girl,

Beveral witnesses then gave evidence as to defendant's good character.

Mr. Wood said he would like to hear the evidence of the elder sister.

The Magistrate thereupon remanded the casa till Wednesday, fixing bail at $200.

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