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THE HONGKONG DAILY PRESS, THURSDAY, OCTOBER 9ra.
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SKELETON BILLS.
The following editorial appeared in the Singapore Free Press of September Jothin consonance with the general
1919.
A WILL CASE AT SHANGHAI ESTATE OF THE LATE S D. SASSOON
JAPAN'S POSITION IN CHINA SPECIAL PRIVILEGES.
UNNECESSARY.
awakening of the political sense among / 15th, Lieutenant-Coinmander Kenworthy on October. Snd, His Honour Sir. Havil-sent decision to join the new China an
men (without discrimination rouwtimes)
the neighbouring Colonies of Ceylon and Hongkong are bestirring themselves to obtain constitutional reforms, and strong axsociations have been formed in each of the Colonies. Neither of them is com mitted to modern democracy as expound
of
in-
od in Europe, for the simple reason that Particainrly in relation to the adoption had made certain inquiries in the Regis kio periodical under the caption "Can-
IMPORTS TU CHINA..
Y.100,570,000
In
INTERNATIONAL LABOUR. EASTERX NATIONS POSITION.
In the House of Commons, on August
In H.B. M. Supreme Court, Shanghai,
In view of the Japanese Cabinet's re- sked Mr. Barnes to what extent the land de Sausmares (Judge) hard a peth group only if Manchuria and Mongolia principles laid down in the Covenant of tion by Albert Howard for an order shat are placed outside its sphere, the opinion late Sassoon David Sassoon, made reaper the Bank of Japan, that Japan can suc the League of Nations.as governing the the grant of Probate under the willet the of Mr. Junnesuke Inouye, govern
compete with the other Powers special economis privileges is conditions vi labour were intended to tively on July 4th, 186., and May 12th fully apply to non-European nations, includisss, to resented by the Court,
His Honour prefaced his judginens by ing the Japanese, who were parties to the;
Inoue, who was until recently covenant, and to possessions which were saying that the matter had given him a
gives his views in an article in a leading not fully self-governing, including India. considerable amount of difficulty and he president of the Yokohama Specie Bank, of an eight-hour day and weekly rest try and the archives of the Court, on
China without special privileges! sensible men see that the voice of the of at least twenty four hours, the right of which he had been able to come to certain pot Japan compete with other nations in Mr. Inouye believes that progressivo millions of uneducated is but the babble association for lawful purposes, and the conclusions, Proceeding with the judge ment. Hi Honour said:-The present of many waters, driven hither and thither abolition of child labour,
Mr. Rarnes: I presume the honourable application is by motion and on behalf can compete fairly successfully. by every wind of excitement that blows and gallant member is referring in parti. of the representative of the state of Swith other nations in China, Mancheria
Thanks
the war, to
Japan, ba cular to Article 12 of the Pence Treaty. Sason to seal two grants of provingolin without having any special All men may be born equal-which we
The principles for regalating labour one bate of his will which were made in Essays, was enabled Arinly to establish ber and doubt; nit mén ought to have equal opporditions in industrial communities which hand tunities--which is a counsel of perivation des article tags town are intended, to be Mr. Sassoon died in tour, ferving and. Bussin almost entirely out of the feld buy all men are not equal ten minutes as far as possible of general application;ed property in Shanghai and a small and with England and America situated
be dominant after they are barn, and the inequalitybus. I would remind him that the preani amount of personalty representing rent far from China, there is every reason to
ble to the article specially recognises that accrued dus on this property. The Regis believe that Jagan will
nations on an equal footing. Ho em- increases every Fear the live. Prits the differences of clinsite, habits, and trac elaine an adorem fee of per China even though competing with these Facie, therefore, all men are not entitled eustons, a conomic opportunity and cent on the value of the property at the
time of death, which claim is resisted save phasizes this contention by giving the to have an equal share in the Governindustrial tradition makes strict uni
follow:- formity between all countries difficult of as regards the personalty, bence this trade returns for 1915 which were as ment under which they live. Certainly immediate attainment: Article 400 of application.
The fee in question is No. 19 in the fue not in the threw Crown Colonies referred the Treaty pravides that the International to. That, however, does not prevent the Labour Conference in framing recommeaTable and rende Om probate or admini
draft conventions for the tration where the value of the estate is dations or
per cent. It is formation of associations having the regulation of labour conditions shall have above £1,000, object of the remedying of recognised due regard to the speial circumstances payable under Rule of the China (Court evils and of educating the mass of their of the countries, and shall suggest the Fee) Rules of Court, 101, which pro- vides that the fees specified in the fellow citizens to a standard of public modifications (if any) which may be re
The nature of schedule to these rules shalt be paid in daty". In the prosecuting of these objects quired to meet their use.
lication of these rules. The rule is manda there are many courses of action that may these modificationx aill, of course, depend all proceedings commenced after the pub upon the circumstances of rach case. Tas by the Judge of this Court under article be taken in common. In Hongkong un is nie occupying public opinion which extent, therefore, to which the countries of the China Order in Council, 1901, of thought and com mentioned car adopt the principles of which gives him power to prescribe and in this Alabaster
Articles 127 is a matter which has 100 enforce the fees to be taken in respect of the usurpa-
worked us at the International Labuar Government on the master of
Conference. In regard to the question of any proceedings under the Order.
The application for resealing is made tion of legislative
by the exec powers by tive, which renders useles any extension the eight-hours day or forty-eight hours under Article 4 of the Foreign Juridic theweek, which is to be considered by the first tion (Probates) Order in Council, 1908 of popular representation Legislative
method protest.conference in October, the organising com.and is accompanied by an affidavit as pre- Council. ed against is
is that of
skeleto legislation
mittee which is making preparations for vided in Article 5 giving particulars off ernment the conference has invited the States in the deceased person's state and effects, the system under which Governmer
indicate the equivalent within the limits of the principal order, brings in a bill in skeleton, and authorises question.
sunting the Personalty the Governor-in-Council, or some official, limitation of the hours of work which is and
and the "realty. to make rules and regulations to cloth considered suitable in the special circum- £1.477.17.2 the skeleton. The
The number of cases in
stances of their countries. The reply will £95,068.32.1; it however, clains that the The use which
of course, come before the conference fur formertalone is liable to duty. a principle is at issue are compara tively few
in the affidavit is! rare. Take the case Societies. Ordinance for example-few consideration. I may say that Endia isuf the word renity nowadays would evil at the principle of not. in the same category as the other of somewhat doubtful seestney: is just. non-governing Colonies which are men however, to this extent, viz: thar ic em registering or exempting from registrationed, brends India is regarded as, and phasizes the fact that at the time of Mr.
*Societies
But in making cules
is as a matter of fact, a full member of the Sawonn's death it was hot personal estate, to that principle cfeet to
Order in Council 1901, art, 103).. hich the Legislative Council
Probate on property of this chuis in China appears at the time of Mr. Sassoon's death to have been charged with the prescribed fe if it was included in deceased person's the inventory of
has been the on the bon'ble Mr
tion
And
of the
D
"Jupon
Hongkong England
"America
.. 304,395,000 119,230,000 139,090,000
EXPORTS FROM CHINA,
Hongkong
Y. 419,877,000
97979,000
Japan England
39,879,00 America
181,508.000 Another evidence of Japan's commercial. success in Asia is contained
in the
izures showing the foreign population in China, Mr. Inouye says. To 1913 there were 0.939 Japanese in China, while in 1915 the number had practically doubled He guve more particulars of the foreign
Number population in 1918 as follows:
Nationalities. Japanese Russians British Americans
159,300
SO,MED
7,053
3,766.
2,417
at
2,051
По
French Austrians
2,580
978
Other nations
3,213
Total!
244,32%
*
In the matter of the proposed joine investment by the bankers of the ending
regulations to give afferentes of upition League of Nations and of the Labour nur deemed to be such (see the China nations in China," Mr. Inouye v rites.
there
be many
on which the
Le consulted. We have chosen thould organisation.
Socie
Our cite is wo for there are two unofficials on the Exreative Council of that L'olony, where members as here all the"
are official, Mr. Alabaster's criticisms were directed in Hongkong to proposed regulations undes the Places of Public Entertainment Ite
:
of
economic
Japan, should consider this from Lieutenant Commailer Kenworthy
broad and far-reaching standpoint. When investments are properly, made in the ties Ordinance because it is ΠΟΥ settled. When this conference meets in October, but new measures, especially those issued will representatives of Indian organised
railways, faines and various industries in order to exploit China's natural re- in war-time, may seek to give very auto-akour be invited to attend?
spartes it
it will not only be Chine, but also Sir, Barnesc Certainly, That is to
Japan
which will be greatly benefitted in cratic Powers to the fiovernor Registrar say, if them is organised labour in India, estate. But in the year 1888 the chart the future.
Controller, to the to the
Hitherto the principal of Companies, to, the Import and Export If there is ane, the Indian Government was resisted mid the secretary of strutions have had their own
directed that it should not in future, be activities both for political and
spheres department, or to the Shipping depart will select representatives.
levied. It must be taken that in his view purposes, and as a result China's develop ment, an
and the Legislative
ive Council bas no Lieutenant-Commander Kworthy: opportunity of expressing opinion Then Indian fabour will not select its Ye was not leviable in 1967 any more than ment has been slow. That a strong bank on them.
is was in 1985, and it was not levied ing syndicate has been formed with an presentativest.
again until after the Order of 1801 was
object of
jointly investing in China is passed:
most welcome and all the troubles It is not necessary for me to consider hitherto resub
resulting from these actrees will this action, but it is apparent from it that be
Concerning the formation of this what was considered the better opinion was that when land appeared in the parti, banking syndicate some people in this cufare of an estate it was charged country advance & theory providing for .. with an ad colurem fe because it was not the exclusion of Manchuria and. personal estate. Further, whilst it is gulia. This is a thoroughly clear from a consideration of articles 30 idea. inasmuch as the
organization aimed 1885, that it was not necessary to obtain at making joing investments; brieffy probate of a will of immovable property, peking to co-operate for the future it would seem from articles 3 and 5 that welfare and happiness of China the probate iurisdiction of the Court ex and Mongolia are fully recognized by the
in Manche
included in the particulars of the estate, to seek economic privileges, tuo. Opinions and am informed that there are in- are often expressed among the people here stances of their having been dealt with in favour of requiring as many railway.
ulation Ordinancev: Council us a matter
Mr. Barnes: No; not in that ease. Colour W Thorn (Lab.. Blaiston): Will Japanese organised labour be invite ed to send delegates to the conference?
Mr. Barnes: Yes, exactly as in the which were submiten of India of that of any other coun- ted to the
try. If there is organised labour labour not, as they should have will be represented through that organi of grace. heen as a matter of right. The Hysation. If there is not, then the Govern kony Dady
points at that the re
ment will what the representatives. gulations are often, a vital part of the Bill and goes on to sart
The present pernicious system seems to have grown many other evils, during the
ری
Major Filla (C.D., Durham): Will the and Go of the thina Order-in-Council. is nerely an economi Proposed
Japutee Government be represented?
Mr. Barnes: The Japanese Govern
special political privileges Four up, like tording to Menunt has den invited by Washington,
Alabaster, when the Offer Administering and 1 awume it will be there as a merrtended to immovables and they were often Powers and it is not necessary la, Jisan
the Government came to the Culony in of the League of Nations. 1512 the right of the Legislative Council
to control the.
of the Execu
tive ways fully recognised. To proof JAPAN'S NAVAL ESTIMAT! Sby the personal representatives. If this is to favors as possible
of
this the hon. member Raid: Od of the "first Ordnances
untained a similar to 1912 1
with
The war
year and the building of two 100-fon battle-cruiser 1 and tight pose of completing the eight-and-eight squadron which has been decided upon by Japancec as necessary for the defence of the country.
Ja
so the fee was calculated not on the estate It is. course, advantageous from you put your hand
According to Japanese papers the Gov-in respect of which probate or adminis- the standpoint of beth political and Ito ay ring the Govern
Prament has decided to build two battle tration was granted, but on that on which economic reasons to have any railways whether ment was Ordinance No. 19 of 1512 which
cruisers and twenty two other warships persons were obliged by law to take pro-in China. However, no matter
they are built by England. America or Governorin-C contained a provision in this form. The commencing the next fiscal year, and the hate viz: the personalty."
may make regulaymates for these ships will be submit The fee payable on probate or letters France. Japan uses the railguys in tions which shall be subject to the 1ted to the next session of the Dist for of administration was une prescribed by China more than any other nation, and proval
and shall not come into foren
(anys the Tapen Adeertixer).rule of Court and its amount was cal.it is, therefore, not a matter of great .confirmed by: the Legislative Coun
Chan The Battlecruisers will be of the 40,000-culated on the value if the persnäalty be consequence whether these railways" bo The very next
We must look too class and their cost of construction for 1005 and of the whole estate since owned by Japan or not. is estirnated at 1.120.000.000; three light that dat. The rate alepended upon the upon such matters from a broader and is-over now
and
higher standpoint." it the excuse for 1 With
for cruisers will be of 500 tons each and terms of one or another of the Acts graat hasty legislation. has disappeared. The Our Machinery during the Process Filters the Oil while our Factory is Free from
1500 tons cach at 9,600,000: 12 subsines that time on a scale which, though! Dust. Our Oil is clear, Sweet and Fragrant; and Compares most favourably wit appetite for power, however, grows with the cost V.27,000,000 six destroyers of ing stamp Cuty until the same dar, ant
eating, and authority is reluctant to re- marines of
at 1,000 tons each Y.30,000,000 linquish the privileges other Oils used for Culinary purposes: there is no residue.
which
100 it remains the same as it was in amount.force the applicant is not bound to in- and three river gun-boats at Y2,250,000 contains no reference to any Act of Parelude what was not personal property, if Patriotism endowed it So we find that, the Prices are moderate so as to induce new business.
the total coat of construction amou although ready to make concession, the to Y.188,580,000. The disbursement, of the it is a fer load one previa the deceased person died before that dute,
amounting Analysis is always given before Shipment to foreiga Countries.
Officer Administering the Government bas above-mentioned expenditure is to be
fres levied for the same purpose for forty but the probate, resealing or letters will Do intention of departing from the prin- spread over three years from the next Years, and it has itself been levied fprinot in such case give the applicant a ciple to which objection is very properly
right to deal with any property of the raised That represents the advance.
nearly fifteen.
I have already cited the words of the deceased in China which is not included which democracy has made in this Colony
Ouler-in-Council under which the present in the affidavit, as the result of the world upbearal.”
There is a further question is to inter fee-table is made; the provision under which that of 1865 was made is contained est, which has not been argued and which in article 127 of the Order of that year does not seem to have arisen under the which provides that, the Judge of the Registrar'e demand for a fee. The answer " Supreme Court may make rules for the is so clear thas I think I can safely give regulation amongst other things of fees a direction in the matter. It does not civil cases. Such rules required the seem to me possible to say that interest Sir Ernest Flower, chairman of the approval of the of Her Masty's prin- can be charged on money before that
cipal Secretaries of State. There is no money is due; if as a result of this judg..... Junior Branch of the Primrose League,power to tax the estates of British aument a fee is payable other than that on has issued an appeal to all habitations jects in either the first or las of the two the personalty, which it is admitted which have not yet done so to organise a Orders which enable the Judge to pre should have been paid at the date of Mr. junior branch. The unior branch which scribe fees. The fee must, in my opinion, Sassoon's death, it is payable in respect au S.0.5. culling for help from an un-is being reconstructed, and is an integralbe a fee attaching to the probate or letters of property as to which there was no neces known vessel whose crew had mutinied part of Primrose Langue work, is capable themselves as it is expressed to be, for sity to obtain probate, before 1905, and it and had attacked the captain and of great development, its chief concern if it is an impost on property passing on is not covered by the word property in at the moment being to show how every death it would appear to be ultra rires, article 104 of the China Order-in-Council, The War Khun at once altered course hoy and girl can do his or her part in It is much too late to say that a fee, which 1901, there was, therefore, never at any ande sightify the vessel, asked what repairing the ravages of war and bring has been levied without challenge for th time any duty to obtain probate in respect asi tunce was required. To this there ing back prosperity to the country. In years which has been prescribed in one of it. No money was ever due to the was no response. In the circumstances the junior branches there is just the kind form or another by different Judges and Court before the present application was the captain sent an armed boat's crew to of organisation which is capable of in-approved by different Secretaries of
terest is payable.
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MUTINY AT SEA.
CAPTAIN WOUNDED AND .OFFICERS IN IRONS.
An extraordinary story of mutiny at sea, with the captain injured, officers in irons, and the crew drunk, is reported by the all-tanker War Khan, which received
ollicers,
TRAINING YOUNG" PATRIOTS.
ky
1
hoard the other ship. When they got on atilling into the mind of the rising gene- State, is not one which was contemplated made, and there is nothing on which in-
hoard they found the crew drunk. Some of the officers were in irons and the cap main was in his cabin in a badly injured condition. Assistance was given him, the officers were released, and the mutineers
placed in iruns.
ration a true spirit of patriotiem. Not by the provision which placed the rule only do they inculcate among their them making power in the hands of the Judge berg honour, truth, loyalty, thrift, and and made it subject to the approval of chivalry, but where properly worked they the Secretary of Siste are the centre of much social activity
In reply to Mr. Lipson Ward, (counsel for applicant), His Lordship said that he would allow him to replace the affidavit with another one,
at under article 14 of the Foreign will be that if my clients swear another The result is that an application to re
Mr. Ward Your Lordship's direction Jurisdiction Probate Order in Council, affidavit including real personalty as in 1008, must be supported by an affidavit the case of people who died before the under, article 5, giving particulars of the Order-in-Council of 1905, probate will be
resealed on that affidavit,
His Lordship-Ye. You understand my ruling is that probate in such in case
musical and choral competitions, dancing, A portion of the armed crew then re-gymnastic, and play-acting being features turned and reported how mutters stood.of the programmes which are being con. The captain of the War Khan thereupon tinually arranged for the children. sent a navigating Officer and three ure- The grand council have appointed Mindrecand person's estate in China and Muriel Brown secretary to the junior 48 must be paid on the full amount branch of "the league, Miss. Brown wu of the particulars of the Estate, whether educated at Skipton High School and movable or immovable. In view, however, Newnham College, Cambridge, where she of the practice before April 1st, 1005, the obtained honours in both parts of the his date on which the Order of 1904 came into torical tripcs.
(Continued at fool of next column.)
men on board to help work the ship to Brest, to which port she was bound. The name of the vessel was so mutilated in course of transmission (the message was picked up by the Queenstown Station) as to be undecipherable...
will not give applicant a right to deal wish any property of deceased in China. which is not included in the afidavit NC. Daily News.
17
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