Page
THE HONGKONG DAILY PRESS, THURSDAY, MAY 271, 1020.
han
been re-
WUTING FANG MONEY. But this
ported. NOTHER STEP IN THE
Mr. Justice Kay in Republic of Peru PROCEEDINUS,
Dreyfus 38 C.D. at 159 said, referring DAS? LIKELY TO BE HEARD IN OPEN to the City of Borne case and the unre
COURT.
Another step in the legal proceeding ponnected with the public money removed from Canton by Dr. Wu Ting Fang ba Been reached. It will be remembered that,
ported Columbia cason
Them are decisions that a Government not to recognised, cannot sue in the Courts of foreign country?
Bub the learned: Judge had not before
CHINESE LIBEL ACTION.
SMUGGLERS HEADQUARTERS
hout a month ago, His lordship Mr, him for decision the actual point here printer, ang publisher of a'Chinese new Capsui-mun, as a result of which 663 trels |
HJ. Gompertz, Acting Chief Justice, granted an interim injunction against the removal of any moneys deposited in the Bank in Hongkong by Dr. Wa Ting Fang. Dr. Wu thereupon made an up plication for an order cancelling the in- Junction granted, on the ground that is is Mfrivolous and vexatioun,"
raised.
W
#RAIDED. TIGERS AND GHOSTS.
CONSIDERABLE ARMS, AMMUNI NEWSPAPER EDITOR IN TROUBLE.
TION AND OPIUM SEIZED. At the Summary Court, yesterday, before Mr. J. B. Wood, Acting Paisno WORK OF A WEALTHY SYNDICATE. Justice, Tam Lai Ting, a merchant ship Zaspector Grant, Sergeants Lane and builder and godown owner of Canton, Dick; and a party of Chinese constables residing as No. 33, Caine Road, Hongkong, have been successful in raiding the bead- claimed from Wong Pak Iu, the editor, quartory of a gang of snugglers at
paper called the Hongkong Shan Po, the of prepared opium, 450 pounds of raw As to the City of Berne case I would sum of $1,000 as damages for alleged libel,
of ammunition, the whole valued at about remark that the report is very meagre; It was alleged that the libel was contained opium, 131 revolvers, and 83,300 rounds $20,000, were scired. Those who took purt that the Lord Chancellor had before him in an baie of the newspaper dated March only interlocutory applications, and that gend., 1990, in a paragraph with the head-
what was undoubtedly a dangerous the just continued over a period of some ing Tam Lai Ting willingly a tiger's
and hazardous raid deserve congratula 2 years, the plaintiffs being various per decor devil. The Supreme Court trans- sons claiming to represent what was ap-lator, in translating the sileged libel,tion and commendation.
The raid was carried out early on The Hon. Mr. H. F. Pollock, K.C., Farently an unrecognised Government, explained that a decoy devil" means the
"ghost of a person serving the tiger as Tuesday morning, the party proceeding It was what may be described as a Mr. C. G. Alabaster and Mr. F. C. Jen-
succession case, that is, the plaintifs were decoy after having been killed by the by Police launch. After a search which lasted some considerable time, owing to in, instructed by Mr. D. J. Lewis, of
gooking to recover, as successors to antiger."!
A translation of the paragraph com- the difficulty of locating the headquarters Messrs. Johnson, Stokes & Master, oppe earlier Government, maneys in the hands
plained off is as follows.
in a part of the country which is in the Ed for Dr. Wu Ting Fang, and the Hon.
of trustees in this country," Mr. E. H. Sharp, K.Ú., and Mr. Eldon
In the present action the plaintifs dený Potter, instructed by Mr. D. V. Stearethat the Government "they" represent is son, of Messrs. Deneot, Looker, Deacon &
claiming the independence of a sovereign Harston, for the Canton Military Govern State. A counsel put it, we are still a part of China. The case presents certain The hearing, which took place Chambers, ocupied several days. Theovel features. There is no question here Judgment of the Acting Chief Justice is of funds collected by an earlier Govern ment being sued for by its successior. Nor as follows
This is a summons taken out by the again is the question whether contracts defendant to dismiss the action under themade by a British subject with an un- inherent jurisdiction as being frivolous,uthorised Government can be recognteed
by our Courts, vexations, oppressive, harassing and an
The matter for ultimate decision here. nbuse of the process of the Court. The plaintiffs are Sham, Chief Administrative is whether a single member of a body of
Mok Wing San removes those whoature of a wilderness, the party dir oppose him and welis the prison with covered a small but, surrounded by hills members of (any) confederacy. Those in a more or less inaccessible spot, who used to make the least effort in
An
Canton in apholding justice have, in-order was ined to the party to arm variably and hurriedly, made their way themselves as it was feared that resistance to Hongkong, in order to evade his would be offered, and the men then severity for the time being Mok, being
still afraid that they might do some stealthily crept up to the hut. On reach- thing detrimental to his own interesting their objective. they rushed in specially sent Tam Lai Ting to Hong-
kong a few days ago to work for having together with revolvers drawn. To their the Yunnan and Kwong Si members (nt surprise they discovered three women Parliament) and the various members inside the hut and then they handcuffed. of the People's Party either C tradited to Canton or expelled (from The hut was carefully searched and the Hongkoaz) in order to gratify his private (aims). After arrival at Hone opium was discovered buried in the floor. kong, Tam requested one Mr. Chan, a The party were, however, not entirely. Hongkong merchant, to introdues mantisfied that this was the full extent of might call on him and u bi-tu transact diplomatic affairs with the Hongkong Government. At the inter view with the said Gentry Tam told him the object of his mission. The Gentry questioned bin saying:
Director of the Government of South Persons claiming to be and functioning, to a gentry of this Colony so that be the hoard, and they searched the locality,
China; Lam, and Luk, Administrative & Government, whether independent or Directors, and Won, Minister of Finance not, can claim to secede from that body of that Government, with Mok Tuchun of and to withhold from the other members Canton, all on behalf of the Government moneys he has received as their associate of South China The defendant is Wand for the common purposes of their Ting Fang described on the writ as late combination. Finance Minister of the Government of South China S
"
The writ claims, inter alia, the return of the sum of $2,500,000 odd, the property of the said Gewernment, or such balance of it
as
It is quite likely that the plaintiffs' right to recover may ultimately depend on the status of the Government they re present. The question of status could on, I think, bo determined in the matter
To what Province do you belong?
answered: Kwong Tung."
The Gentry said:
Their efforts were rewarded by the dis covery of another Aut, which was empty, but showed signs of having been recently occupied. "A fully loaded revolver, wES found under the mattress of a bed and the Police are of opinion that it was left there by a watchman who decamped when he heard the Police approaching. No thing suspicious was found for a time, and then the Folice came across an old brick kinis kitchen. The kiln wɛs de-
is still in the hands of defendant indicated by Farwell J. in Foster . Golbe8 people to kill the Kwong molished by the Police and a deep hole
or under his control; which has been re or ved by him as mesher of the said Government and wrongfully removed From its jurisdiction and control..
The defendant claims to be one of the Administrative Directors of the Military Phin Government of China, called by the tiff the Government of South China and he describes himself as Minister of Foreign Affairs and Minister of Finance of that
ernment.
venture Syndicate 1900 1 Ch 811.
On that determination it may quite well be proved that they have no right of action. But I do not feel inclined to accede to the defendant's application to dismiss this action summarily. There are, I think, questions of real importance and dificulty to be decided. And it seems to that the summary procedure is in
Applicable
It has been decided that an application He claims to be still Minister of Fit of this kind is an interlocutory pro ance, and states that the Government is in ceeding. In re Page 1910 1 Ch. 488 and a condition of disruption, and that he an appeal from my decision on this bum- has brought the moneys to Hongkong in mens doce not, therefore, lie. order to prevent them being aquandered Court of three Judges and mis-used, and to hold them until the Government, re-established.
ie to the Full
think it my duty to allow this action to come on for trial in the ordinary way. The Prisne Judge has found two cases The grounds of the present application
were not referred to are that the Government thats on recognition which were claim to represent, not having been roby counsel. They are The Gargara 1819
Great Britain, cannot sus in British Court. The first authority upan by the defendant is the case City of Barng 4. The Bank of Eng- Vos. 347 decided in 1804. There Lord Chancellor Eldon refused an injune- restrain the Transfer of certain
P.95 and The Annette 1919 P.108.
SCENE IN A TEA SHOP.
INDIAN WATCHMAN ON THE WARPATH.
A disorderly scene took place in a dea
ade, remarking that it was difficult to
that a Court could take notice of a shop in Connaught Rond on Monday
vernment #nover "suthorised Government of the country in Court sita" He added
that'
the foreign Government Wea
whother
the opening, when an Indian watchman re of a Chinese who had senting the presence stated himself at the table he occupied, saulted him In the struggle which ensued a bottle of lemonade was broken. Complaint was laid against the Indian and yesterday ho was charged at the with disorderly conduct «M BEIKTASTÍ
and with breaking a bottle of lemonade. He was bound over in $50 to be of good behaviour, for siz months.
not is matter of public notoriety.".
In the following your another applica tion was made in respect of the same fund; the parties being apparently sub stantially the same..
OPIUM SMUGGLING.
A Chinese was arrested in Spring rden Lang for being in unlawful poe
Lord Eldon remarked that ho did not affect to be ignorant of the fact that the Revolution in Switzerland had not boen recognised by our Government, but that he could not take notice of that as a Judgo, though it would make a vast the decision. He refused. meanwhile to take the money out of the session of hands of the defendants who were trus tees, but he gave leave for the motion to be brought on again, making the Attorney General a party
T
If you, Bir, are like myself, Awang Tung man, how is it you are willing to serve the Kwong Si people (in the same way) as a dog running ibe Kwong (after his master) and help
Si people? Do you consider the Kwong peoples tyrannical government in was discovered, which was probed with Keong Ting in insufficient that you
The sticks, but nothing was dragged out. want to make it worse 1AMS
"Tam said: - It is true that the kila was dug up and an opening was Kwong Bi people have brought calamity discovered large enough for a man to to Pyong tung, but the Yuanan people batiso brought no less calamity to enter", "A numb
policunca #ere
Kwong Tung These fellows having ordered to enter the lain and did-so, caused so much chaos it is just like
expelling a Tiger at the front door returning-later with the ammunition and whilst admitting & Wolf at the the revolvers, which were in mat-bags back door. Although the Kwong Si
people are Tigers yet they are satiate They continued to throughly search the Tigers and would not devour men. The locality and another woman, who was Yunnan people are hungry tigers. If attempting to escape by way of the hill the antiate Tigers are removed and the side, was arrested.TELS hangry tigers admitted then the Kwong
Tung people will have none of their race left
The Gentry said: No matter whe ther they are satiate Tigers or hungry tigers, they cannot help being brutes and cannot help devouring people Why the Kwong Si people did not peacefully act as men, but act as brutes I wish you would go back and persuade Old Mok to act as a man and not to be hard upon the Kwong Ting people, but to give them some little chance. Hongkong is a land of law and cannot allow things to be done in an absurd manner. Besides I have not the power * of assisting you and in this matter, you will do well by repeating to Governor Mok what I have quid to you??..
Tam, knew that every word express. ed by the Gentry proceeded from the principles of righteourness and justice and that no money could influence him. so be (Tam) left in atter diappoint
meta
The ammunition weighed over on and a half and it took thirty-two coolies to remove it to the Central Station. The ravo'vera ware brand new.
The smugglers are believed to be financed by a wealthy syndicate who have netted a considerable profit out of the contraband in recent years,
CORRESPONDENCE
LADIES OR WOMEN?
TO THE EDITOR OF THE HONGYONG DAILY PRESS.
SIR-According to "The Scribbler!? comment is invited with regard to the new Ladies Longue."
Min
'admirer The plaintiff alleged that the sald words If a mere man (who is a great meant and were
understood by those who of the Women's Movement) may be allow read them to mean
ed to comment, I should like to suggest (a)That the plaintif being like the that, if it is necessary to give up the
ghost of a person who after having been killed by a tiger became the familiar and beautiful title of tiger's decoy with the sole object of tering Children's League," entrapping fremt victims for the tiger to kill, willingly acted as the agent of Moke Wing San, the Milf tary Governor of Canton, impro perly and illegally to harass and try What would be thought of the
League" would be less mid-Victorian
then the title propused.
to make way with the Yunnan and CEM.S. if it changed its name to the
Kwong Bi Members of Parliament «Church of
and members of the People's
England Gentlemen
Party for having made efforts in Society 3-Yours truly, Canton in upholding justice
OBSERVER.
That the plaintiff as such agent Hongkong, May 28th, 1020 aloresaid came to Hongkong under
orders of Governor Mok and en
Ho
was charged at the Magistracy, yesterday, and was fined $10.
A Chinese, arrested on the Zuen On by which he was attempting to leave the
The matter cume up again some 20 Colony, was found to be in possomion of months later when the only decision reach 21 trels of prepared opiume was od was on matters of pleadings, and is fined $1,000
was certainly never definitely decided by Lord Eldon that the plaintiffs as an un- sentative Government had no right
INSUFFICIENT EVIDENCE,
Chan Sam was charged beforo Mr. N. Reporter note to the case. Smith yesterday morning for unlawfully follows so the Court rafused having in his possession a quantity of iron wiit institi by persons re- piping Mr. Nash, who appeared on his
bobal submitte
Columbran
the prisoner wa
Hongkong Government
deavoured to bribe a Hongkong his statement of defence within the ra Gentry to and him in effecting quisite ten days, which concluded on May
the Uplomatic intercourse for the let (fr. d'Armada said: April 1st of
the defendant, in spite of an extension extradition to Canton of those per time, had not filed his defence, Mr. Lo sons above mentioned or their nightly obtained an order to proceed expulsion from Hongkong, en parte, Mr. d'Almada said he had That the plaintiff had helped the been instructed to appear for the defence. Kwong Bi people to kill the Kwong only on Tuesday and he asked leave to Tung people and
defend had to ble his statement of defence. (That the plaintiff was a man of no scruples, cruel and unpatriotic and
Worthy of trust and con
till. Mr Leo to defe
Ģissted:
they and Messrs and Harton were for the defence
peared for the plain: ails, applied for leave, that the writ was ndant on April Looker, Debcon ructed to appes)
intiff bad filed
his statement of cisim on
for some reason which he (the speaker?
Lo said that it had been practicaly agreed between Mr d'Almada and him. self that the terms on which the defendant be allowed to proceed be as follows: That the defendant should pay into Court 3250 within seven days, that he should file hie defence within seven daya: The order should be peremptory and if the defence were not feel within 7 days, the plaintif should be allowed to prosted 77-p
te
His Lordship agreed to, Mr. application on these terz
from defendant failure
Imada'
| the first order to be met by the dafen“
ad net les dank-plainti
case was lat
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