1919-08-13 — Page 3

LEGALITY OF A MILITARY TAX DISPUTED. TNTERESTING JUDGMENT TO THOSE TRADING EN KWANG TUNG

Sir William Bres Bavies, K.C., Chief Justior,, deliverygi a written judgment on case August 8th in a very interesting which docupied his attention for severe days last month, savolving the ownership of 156 bags of wolframe ored

The ore was seized by Chinese auchari ties because a militari tax had not begy paid Towned alloggil the tax was un lawful and the wongly infiscated,

THE HONGKONG DAILY PRESS, WEDNESDAY, AUGUST 18TH,

As to the evidence on the legality of the tax imposed by the Military Authorities. Eu Excellens Loh Tebeng, who was the Superintendent of Customs at this tige in question, states that the seizure was

tol

Military Governor and telegraphic

Ell

HOUSEHOLDER'S. RESPONSIBILITY.

INTERESTING DECISION.."

An interesting decision was given at

JAPANESE MERCHANTS'

ANXIETY.

PROSPECTS IN THE OPEN MARKET.

at, and that he reported the matter the Magistracy, yesterday, by Mr. R. Eerchants and manufacturers with regard Sothe anxiety is being felt by British

Lindsell, in a case in which a Chinese tu cucure competition in goods which chy, in rustions were set the Military lady was summoned for throwing water panese have been able to establish in Authority at Walchow, ardering the re¦ from her house on the road. The defend. less of thờ on, He adds that, although at argued that she was not responsible General Chung claimed the right to seize for the action of her servants, but Mr. the goods at Wairhow, not being a Treaty Lindsel! pointed out that, according" in

Port, he was not entitled to do so, no military tax being rightfully due in respect thereof....

the revised Ordinance, a haschulder was responsible for any rubbish thrown into the street.

certain markets in place of British, manu. Lectures. Yes equal. if not greater, Anxiety appears to prevail among th Spine as to their, positons and future

wpeers in competitive trade. La Japan it is not regarded as possible for the preign trade which has sprung up quring the war to coatinge in its present flourishing state when European indus trues resume their normal condition. Oa the contrary, a much reduced demand abroad is anticipated. The Japanese are

their own productions. They realize that respects of European goods to she qi

i unrestricted trade between the Allies and Germany is "resumed the oversens and general merchandise will be seriously afected.

and wher it came to Hongkong he had fenfrme that position, and says that his and Mrs. Appleton were hurrying alone also conscious or the superiority in many

iarized by the Police at the shop of the was about to man who had bought, or buy it from the military official who can

fit,it:

The British Wile-toneul in his affidavit

other has pretested against the innovition of these ass

The evidence to the entrary is cuntaine

The facts of the case were that Sergeant

Ler Yuen Street to catch a bram, when a phucket of water thrown from one of the her clothes and completely drenching her. Sergeant Appleton went to the house 10 make enquiries and found the door harren. He kuocked, and, as he received ny answer, he took the number of the house with the intention of taking out n summons against the occupier. In th meantime Mrs. Appleton, why was knit dustries, is regardet in Japan as possible,

Eater, the one was sold bed in th affidavit by the Secretary to buildings. fell on Mrs. Appleton, soiling trade which Japan has established in toys | public nuction by order of the Supreme the present Superintendent of Customs Court, runtising $1,450.-11. less necessary, as far as it goes, it supports the legality the tax, and the sale by the expenses in connection with sale, leaving The uur tot 130, in the hands of the Military antiorities at Sheking The 'evidence, however, is not satisfactory

·Cert awaiting the outer of this case

The deponent claims that he is authorised to answer certain questions on betauf of Queen's Rends Fentral (the plaintiff), and the Superintendent of Customs which had

The parties to the action were C.F, bec. mining engineer, residing "at 23

the Shui Bo Company, inserchants of two stabmitted to that offcial. He, how 244 Des Youx Road Gentral.

even specifically declined je answer cér Mr. Eldon Esttur finstructok by Mr.tain questions in cross-examination.

If

at raw materials to a perimf such con

If the Allies adopt a policy of control: trel will be felt by Japan in her depe countries for such products as cotton, enge on the British Empire and the Allied wool, iron, and rabber. A definite change o neat policy for the United Kingdom. ndrag towards the protection of our in- end t this is real.zel it thought tha the Japanese export trade in suce goals

hosiery, buttons and stationery wil suferit aeavy blow, for these articiza have goring in war, It preferential farfy become the settled policy of the Unite with the Dominions and Colonies are tur

will be placed under a great disadvan Kingdom the Japanese consider that thes page in their commercial relations wit5| buta, Malaya. Duuth Africa, Australia, and Canada, with the United Kingdom as a favoured competitor.

ing for her bushand, was jeered at by some women living in the house.

The occupier of the house. a well dressed Chinese woman, stated that shar answers in as examination would have denied throwing the water. Mr. Alabaster, D. B. R. finstructed exroreesh and it is impossible to say

They furthe stated that they were all asleep. She did. what the effect of the cross-examination AMP. CE. H. Beavisk five defendants,

not think she could be held responsible may have ben. ». This evigure, therefore,

very unsalistatory, and it is impose the nets of her servants.

Mr Lindseli stated that the decupler athu or the Court to attach real credit

of the busse was responsible, and fined her to.

W. EL. Sbentou) was for plaintiff, and the evidner had been taken in (eurt made enquiries from ber servants and they been shipped abroad in large quantities

The julgament, Which is of considerakli interest to those trailing be the Kwang tung Province as follows r

I find on the questions; gf fact that the wolfram ore in questing was the pro- perty of the plaintiff, and that the ver ship is rightly laid in bins: thao the are was seized and sold by persons purport ing to be the Military Authorities at Steklung. in China that Yan Fuk par

to it..

I have already stated that Mr. Richard son and other witnesses speak to the at- Cepat, 211 pong cases successful, to impose the tax, hur i arrive without doubt ng ch concluion that it was unauthorised and illegal.

BIG SEIZURE OF OPIUM. SMART WORK BY REVENUE DEPARTMENT

On the question of market overs it is Leur that section 22 of the Sale of Goods. Ordinance. 206; has brought into force the same section of the Home Act (the chased the or on behalf of and as the Sal- of Goods Art. 1893) relating to mar: Revenue Officer

Ket

it defines Market Overt uwirt, but agent for the defendants, and that he as goods operly sold in a shop or mar- caused it to be brought to Longkong and krt in this Colony in the ordinary course d-livered to defendants: that Isang Saw of the business of such shop or market. Nam was, in fact, present at the sale aud, further, that the plaintiff probably Histook at the interview at Hongkong on the arrival of the ore Wong Fu, one of the defendants witnesses, for an officer

In my opinion the section has no ap- ut the defendants witness, Yau Fuk, it plution in this case. From the evidenes appears that tu prodused to defendants samples of the ore which he had, in fact, purchased at Sheklang from the

very smart piece of work by Chief Wildin and several Revenue Officers has resulted in the seizure of 1.683 taels of prepared epiuta

It appears that when the French steamer Hani arrived in harbour on told, CRO, Wilda" that there was a Saturday from Haiphong, an informer arge quantity of opium on beard. CK.O. Wildin carried out a systematic search of the vessel, and, finally, in the some upium he nit de reidants agreed with lizan to take the releverely concealed in the iron girders ore.supporting the cable chair. A further quantity was found in the rafts placed on deck, and in the cylinders which give the rafts buoyancy. Three persons have been arrested i

in connection with "the ama ging...

ut the soldiers whom he had seen at Soukhorities" and in respect of engine roone

Two questions of law arise on thes "facts

(1)--Was the ore legilly wines and

confiscated ar Seklung (2)Was it bought in market overt in

Hongkong within the meaning saction of the Sale of Goods Ordinanc 1800

In my opinion the answer to both ques trons is in the negative, and 1 shall give brielly my reasons for this cunclusion. think it i

to go into the

apart payment. The de

the

Bank of

by

'and made a part payment to"him on ac The purchase was completed count of it. At Sheklung and the stuff was then im frted into Hongkong in

the defendast, and delivery was taken by them. It cannot be said that the goods were sold to defendants in a shop market in this Colony in

The ordinary course of the "bustness of such shop. They were purchased in Sheklung, and the section of the Sale of Goods Ordinance does not. in opinion, apply. What

sidener at lenth seed and sold & the fan of Market Overt may be in Chian

The ure was

by the Military at Tin Fong Wai owing

to the refusal to pay the military tax er contribution which was imposed under i

of General Chung, the Mili.

th tary Officer-in-Command. The question. therefore, is-was there any power to impove such #tax Contribution That

ot called upen to consider,

I was referred by the Jetrned cutinsel Jer the plaint to the case of Crane r

Le Londi tock Company, JR.B.

...that

discovered

The opium is valued at $9.390, and, i. Pe usual fine of ten times the value should liuposed, each of the smugglers woul be called upon to pay $30,000.

OPIUM CASES.

At the Magistracy, yesterday, a Chines was charged with being in unlawful pos session of ICs taels of raw opium,

The opium had been cleverly concealed inside a bamboo basket, and would pat have ben discovered but for the fact that one of the bamboos" snapped.

Mr. Hutchison fined defendant $300.

at p. 229, tirace Cockburn Cu, sali Casale would not be considered us made in parket Vert unless the goods were, ex borec in the market tur sak, and the Whole transaction gun, continued" and completed in the open marart, so' na tổ give the fullest opportunity to the man whose woods have reen taken to make

A Chinese woman attempted to deceiv pursuit of that, and prevent them from

the Revenue Officers by concealing a large Also to the remarks, t yelp sold

amg A female searcher discovered the at p. 451, which were cited in the same judgment. All the doëtrine of sales in ptem, and "yesterday the smuggler was market overt militates against any idea fined 500. of a sale by sapple, for w sale in market

They also realize that restriction. os ins may have to be continued in th United Kingdom anu Allied countries until the foreign exchanges are, more nearly adjusted." However, Japanese Siberia and China as markets of grea manucacturers who are optimistic regard

tential value, and they quite expect to Fatance their loss in other quarters by nereased trade with these countries, in regard to which they are so lavourably situated for trading. The Timex.

MACAU NUTES.

IFROM QUR OWN CORRESPONDENT:]

MACAO, August Fith. The war-tax statips were issued to-day at the General rust-Office. only to be used in Portugal and the They are Colonies and will apply to letters, post- (1) cones). caras 43 cents) parceis, money orders, etc.)

Correspondence, etc. Toreign countries, will go at the usu

1023.

زمانه

The attention of public companies and business houses in your part should be drawn to the fact that, when they send hig reports or catalogues and price-lists to residents in this city they tavariably Tapper envelopes and at if one-cent

Lamp. That is a mistake. Letters, ci culars, etc., either open or closed must bear a 2-centa.stamp whether from "Maca to Hongkong or vice-versa.

THE P. 0.‘AND AUSTRALIAN TRADE.

As reported by a Pressi despatch, the P.&. Company has taken over, the Interests of the Eastern and Australia

the fact rely challenged by the Pro- vincial futhored by Mr. Alabaster 1: KANZENU C.J. in Mill. Stuth 6 East quantity of opium in a bug tied round her Steamship Company. It is feared tha

had been made, and profe ably ally in some other cases, to.. coforce the payment is clear from the evidence of Mr. Richardson; as is, also,'

the right to impose such tax was

nt Canton. Now it was that the Military Government in the Pro- vince of Kwangtung was

ing was controlled by two factions (1) in Canton and (2) in SE-klung and

Waichow:

that in fl ease of exportation of wolfram are apart from likin the Canton section contented then selves with the imposition of a fe Chu (the Treasury

tang section in. whereas the Shek-

In support of

a military permit," a letter was produced from the Chinese Maritime Customs show- ing that General Chan Kwing-uing had. informed them in April, 1915, thai wal Irin ores would he

TAT

to pay joent reorganisation contribution, The

Customs was in no way concerned with the levying, of this contribution, and i nm unable to my whether 'it was legal or not."

Setter adds: The Chinese Maritime

100.

were

ᎥᎥ .

vert quies that the Causedity should

"be ypenly sold aid denkered in the mark

kirt

The further point was raised that the on does not apply in the case of a purchase by a shopkelper of goods brought there kur sale. At 18 not necessary U drette bite putat, having regard to the courlusion t which have arrived, but w that I have strung doubts on

the point.

A Chinese man concealed some opium

the change will affect the interests of the appon. Yasen Kaisha and the Osaka Shosen Kaisha.

The Eastern and Australia Steamship a service between inCompany maintains

1,

1910.

LANE, CRAWFORD & CO.

BRITISH

MADE

GALVANIZED WIRE NETTING

IN THE FOLLOWING WIDTHS

48". 30",

30"

of

24%) Pet Roil Prices, $25.00 17.00 12.50 10.50 850 50 Yards

SCYTHES,

SCYTHE STONES,

GRASS SHARS,

TRI E PRUNERS, GRASS BOOKS,

WATERING CANS.

LANE, CRAWFORD & CO.

WHEN TYPING SEVERAL COPIES. Were you never annoyed by having to bing the keys so hard? Yea! al by some of the words on the lust copies turning out illegible.

This does not happen with the Hammond. Simply turn screw-once for each Not only will each copy be legible, but on each sheet every letter will be of equal thickness.

rory.

And this will happen no matter how hard or how softly you strike the keys. This is only one way in which tie Hammond is superior to other makes; for farther partiyalary apply-

1106]

行

Messrs. BREWER & CO.,

(Solo Agenta: Hongkong),

UNIVERSAL IMPORT & EXPORT CO.,

GENERAL COMMISSION AGENTS.

(Hotel Mansions, Top Floor),

P.O BOX 348.*

Telegraphi Address:

"UNIMPENCOY-HoxtkoNG."

*** MONTBEAU—PARIS, FRANCE,"

Head Ofice-BEAUMONT & Co.. 17, Rue Richer, PARIS, France. Branches in France: LYONS, BORDEAUX, MARSEILLES. Also in French Indo-China, Canada, Central and South America. Codes Used:-A.B.C. 5th Edition, A.2. French Edition

[1089

nxt. and was going on to one of the Australiu and Japan, and operated four MACARONI, PASTE STARS, EGG NOODLES, VERMICELLI,

wharves when the drug was discovered. Ir. Hutchison, &ned "defendant" $750,

P

SERVANTS ROW AT THE KING EDWARD HOTEL

"A gave judument for plaintiff with costs. Witcheit, mitrager, of the King Edward

INCREASE IN LOCAL STEAMER FARES.

At the Magistracy, yesterday, Mr. 2

Hotel, summoned two boys for causing a disturbance on the hotel premises.

steniters before war, though the Aumber has since then been reduceri te two, as the two other, steamers had been ruquisitioned by the British authorities for war purposes. The company farm the Australien Freight Conference" to

Zether with the Nippon Yusen Kaisha. the Osaka Shosen Kaisha, and the A. & O steamship Company. The Eastern Aus

tralian and the A. & O. Steamship, Con- pay are comparatively small converts. and the greater portion of the authority Mr. Witchell stated that on Monday the Freight Conference has hithert dorning he heard the crash of glass in rested with the Nippon Yusen Kaisha and fensier the dining-room and went to investi- the Osaka Shosen Kaisha, but xate the cause. He found the second de-able change in the situation is expected fendant, the kitchen boy, standing hear now that the interests of the Eastern Aus the door and noticed the first defendant, tralian Steamship Company have been

& O. Com the cook, running, in the direction of the taken by a concern of the kitchen. The pane of glass in one of the pany's standing. doors had a smashed, and this war

Commenting on the transfer of the in Lerests of the Eastern Australian Steam. A witness stated, that the cook was

ship Company to the P. & O. Company, the Tokyo ahi says: boy was sweeping the place. When the kitchen boy dropped the mopion the cook, the latter chased him and assaulted him He also knocked the handle of the mop against the door, smashing the glass.

Mr. Lindzell fiped the first defendan

Now the authority of the Sheklung Authorities to impose the tax was chal- lenged

at the time by the former Super intendent of Customs at Canton as bei TO OPERATE FROM AUGUST 1ST. illegal, and his view is supported by the British Consul General. I wil: deal

A slight advance in passenger farer shortly with the evidence later. but

from Shanghai to Japan perts, Manila Jadmitted

by the learned counsel for the and Hongkong, and from Bangkong to efendants, what is in fact wifevident, Jalan pris and Shanghai, to take offret hat, in order to establish the validity, this military impost, the Court must be August 15th, is announced by the worth $10. satisfied that existenes of a de jurtacific Mail Steamship Company, Canad e governmen been established.

at Sheklung under · Chan

anian Pacific Ocean Services and Toysleeping in the kitchen, while the kitchen

Kisen Kaisha. These ndojit Shanghai and puts his argument, if I have followed Huagkung currency in the pew tariff. him correctly, in this form that the Mif the present gold-dollar rates being abolish tiary Aut

Authorities, as such, in Shelung recognised

the authorities in by

the The following figures show the new rate Provincial Government at Canton, and Shanghai or Hongkong dollars and the that the two parties, recognise each other ld gold dollar charges. as dr jacto government in the district

Sew Bate. Old Rate culicerned. A to this I have to obserye Fear Shut 10: that it is not, in my opinion, borne out

S'hai. 461.00 0.849 50 the evidency, and, even if it were su,

S'hai. $58.00 G.$45.00 cannot see, by the widest stri-tch of

S'hai. 249.50 G.$36.cc imagination how it is possible for this

Shai. 837.00 0.344.00 Court to so regard the position.

The position of Chan Kwing-ming as the head of the rebel party, and the ques

M÷K 1450 1.933 60 lion of the alleged displaced authority

HK 185.50 G.866.0 by the pseudo de jucto government was

H.K.102.50 fully dealt with by this Court in re Chung Sau-ban B H.K.LR. It can- not be contended that any recognition by the Crown has been ceded to

any other Government of sag, as was pointed out in

than the Provincial

tongkang Manila Kole.... Yokohama From Hongkong to: -Shanghai Kobe

Yokoliama

..

If supremacy on the Australian route is given to the P. & O. Company, it is clear that the Japanese merchantzen will. gradually lose their influence, their place ing taken by British ships. The trand fe of the interests of the Easton Aur-

$ and discharged second defendant.tralian Steamship Company should not te The Ene was ordered to be paid to' Mr. Witchell.

A DOMESTIC ARRANGEMENT WHICH FAILED.

At the Magistracy, yesterday, a Chinese Camah summoned her mistress for assault.

HONGKONG TRAMWAY CO., LTD.

The approximate statement of trafic

regarded in the same light as ordinary analgamation. The transaction- «rabodies the post-bellum shipping policy of Great Britain, and is sorthy of speciil notion."

,

DIVIDENDS DECLARED.

The Yokohama Specic Bank declared a dividend for last Fear of 12 per cent per absorbing Y.2,320.000. The Y.3,201,563 will be carried for It was stated that two married brothers balance, Y.3, agreed to stay the same fat. Each had ward to the credit of next account, an amab, and an amicable arrangement British-American Tolmeco Co. has an interisa dividend of 6 per was arrived at whereby the amaha were to sweep and dust the flat on alternate wat for the year 1918-19 on the issued days. Defendant stated that complainan ordinary sharis, free of British income this Government dans recognise receipts for the week ending August 9th did not do any sweeping for months, and tax. payable June 30th.

The Great Northern Telegraph' Co paid a total dividend and bonus of 22 per cent. for 1916. placing £44.444 to reser and renewal fund, £55,555 fo the renewal fund for cable steamers, £13,885 to the pedron fund, and £111,111 sef' aste før Extraordinarý tages.

un-

the Provincial Government under our extradition proceedings. Authorities were cited to establish that a government is nut regarded as a sovereign power less it has been recognised by the Crown, and the affidavit of the British Consul clearly disposes of any such recognition.

is as follows:-

This Year......15993 List Year...

Rebel La

for -ink

13.008

2,867

Increase

Aggregate roeipts for 32 weeks 7471,353 431,684 30,067

upon being scolded, dised filthy language Witness admitted that she lost her temper and struck the amah,AMEN

Mr. Lindsell bound both parties over in bonds of $30 eich to be of good be haviour for six months

AND ALL KINDS OF SOUP STUFFS.

LL our Pastas bear the "Rooster" label and are made from Flour of the Best Quality containing a large percentage of Gluten. Starch and Glaten are the principa components of Flour. Gluten is easier to digest and combine more nutriment than Starch. Mansfactured ander the most sanitary conditions

Large quantities have been exported to varions important cities in the World. Terus moderne, especially for Agencies. Orders arecated promptly, THE HING WAH PASTE MANUFACTURING CO., LTD. Head Office: No. 7 & 48, Connaught Road, Central, Hongkong Telephone No. 1238 & 1930 Principal Factory: No. 71, North Bocchow Road, Shanghai, China; Telephone No. 2285, Branch Factory: Wing Hing Street, Causeway Bay, Hongkong »

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