1922-03-17 — Page 3

HONGKONG LEGISLATIVE (chief

COUNCIL.

DEARTH OF PRACTISING

BARRISTERS."

engineer on a British ship and has a certificate by the Admirality that he performed good and faithful service in that capacity. The provision with regard to former enemy a'icas-which, of course, means-shorty-persons of German Aue trinn, Hungarian, Bulgarian or Turkish nationality-is that no such alien shall not master, officer or member of a crew of any British ship whatsoever registered in tha Colony. This Bili is simply carrying put in Hongkong the Imperial policy cord C.M.Gtained in the Aliens Restriction Amend. ment Act, 1919. I beg move the first read.

#

BOLICITORS TO ACT ON OCCASION.

A wooting of the Legislative Council Awa: held in the Council Chamber or

yesterday. There were premis:- HIS EXCELLENCY THE GOVERNOR (Sir HERINALD EDWARD STUBBA, K.O.M.G.), Hon. Mr.

CLAUD (Colonial Secretary). "Hon. Mr. J. H. SEX, C.B.E., K.Cing.

(Attorney General),

Hem fr. Mol.

(Colonial Treasurer).

SEVKAN

MASER, O.BE

The COLONIAL SECRETARY Conded. The motion was carried, and the Bit

Hon. Mr. E. R HALLIFAX, O.B. E. Was read a first time accordingly.

(Secretary for Chinese Affairs).

Hon. Mr. E. A. IRVING (Director of

OPIUM ORDINANCE AMENDMENT. The ATTORNEY-GENERAL moved the third Hen. Mr. T. L PERKINS (Director of reading of the Bill intituled An Ordia-

* Education).

Public Works).

Hon, Mr. Lau CHU PAK

Hon. Mr. E. V. .D. PARR.

Hon. Mr. A. G. STEPHEN

Hon. Mr. A. O. LANG.

Hon. Mr. CHOW SHOT-SON.

atice to attend further the Opium Ordin are, 1914.

The COLONIAL SECRETARY Baconded. H.E. THE GOVERNOR: The third read- ing of this Bill was postponed on the last Occasion while we were discussing a ques

THE HỒNGKONG DAILY PRESS, FRIDAY, MARCH 17TH, 1933,

TRADE MARKS ACTION. CIGAR MANUFACTURER'S CLAIM.

**CHINESE LIFE.".

LECTURE BY HONGKONG UNIVER SITY STUDENT.

The casual visiter to the Supreme

"By Chinese Life." aid Mr. Hu Ji Court of Hongkong, yesterday, might him thought for a moment that a social siang, of Hongkong University, begin- meeting and not an action at law was Ding a lecture on that subject to mem in progress. Learned counsel was hand-bers of the Helena May Institute, yester ing around boxes of cigars and examples day morning, I mean the life of the of the ornate lithography associated with general mass of Chinese people and not the eiger trade were all over the tables, the sort of life you find here in Hongkong, Four or five boxes of "La Perlas del where it is more or less influenced by Oriente " stamped seductively, "The Western idea and customs."!· High Life Cigar of the East," found a reating-place on the Press benches but the newspaper representatives, fearing dire penalties for contempt of Court, réfrained from "lighting up." The fragrant odour applied a modern variant of the tortures of Tantalus.

It turns out that a trade mark action was about to be began, before the Chief Justice (Sir William Bees Davies)/-

The plaintiff was Mr. Carl Franz Adolf Otto Tagmohl, and the defendrat were Mears. Walter E. Olsen & Co., Inc., and

kong. '

Mr. A. G. M. FLETCHER, C.B.E. (Clerk of tion raised on section 3. I think. I under-the Registrar of Tende Marks, Hong

Councils).

LESENT.

His ExBELLESCY. THE GENERAL OFFICE

COMMANDING THE TROOPS (Majorej. General Sir JonS FOWLER, K.C.MG., .C.B., D.3.0.).

Hon. Mr. E. E. POLLOCK, K.C.

MINUTES.

The minutes of the previous meeting wero conarmed and signed by the Prcai

+dent.

PAPERS.

stand Mr. Lau Chu-pak raised some cbjec. tion and is new quite satisfied..

The Hon. Mr. Liu Cau Pax indicated is assent.

"

The third reading was approved, and the Bill passed accordingly,

BUSINESS NOT PROCEEDED WITH.

H.E. THE GOVERNOR auounced that it was not proposed to proceed with the second reading of the Bill intituled

Plaintiff was repented by Mr. Eldon Potter and Mr. F. C. Jenkin (instructed by Messrs. Deacon, Looker,. Dencon and Haiston), and the Hon. Mr. H. E Follock, K.C. (instructed. by Messra. Wilkinson and Grist) was for the de

I'nce.

Plaintif claimed that certain trade

Mr. Hu. eyidra.ly, would apply, to Westerners in Hongkong the words of RL Stevesson in An Inland Voyage,! where he rays:--

We see just so much of humanity as to keep us from desiring more, and only. the stale externals of man's life. The externals aro as dead to us as so many formalities, and spëak'a dénd language. in our eyes and ears.”

The lecturer sought to breathe life into these dead hones, but attempting. as it were, to galvanise a very considerable) section of Chinese life into activity in one brief hour, he essayed rather, too much. To change the metaphor, painting tco large a ranvas, his figures became. burri and indistinct. Mr. Hu spoke in

oral terms of Chinese men and women in the mas, instead of trying to make a few typica individuals stand out clear before the minds of his thearers.

Nevertheless he told some interesting.

STERLING

SILVERWARE

ENGLISH MADE LATEST DESIGNS

COMMUNITY

TABLE SILVERWARE

faen regarding Chinese communal life, THE "ARISTOCRAT” OF THE DINING TABLE

the agricultural and land systems, mar- ringe customs. religious festivals, educa-

An Ordinance to amend the Crown Lands marks were his property and asked for tional systems and pop.

L

ADJOURNMENT.

The "COLONIAL SECRETARY, by command Resumption Ordinance, 1921. "and the of H.E. the Governor laid on the table second reading of the Bill intituled An "Regulations under Section 4 of the Ordinance to restrict the taking of legal Stamp Ordinance, 1921, dated 23rd Feb-proceedings in respect of certain acta and ruary; Regulations under Section 2 of matters dono during the war and to pro- the Emergency Regulations Ordinance, vid in certain cases remedies in sub 1092, dated 29th February Order stitution therefor. under Section 10,, of the Travellers' Re- striction Ordinaner, 1915, dated 99th February additiona' regalations under section of the Emergency Regulations Ordinance, 1999, dated 2nd March; ap Order under the Societies Ordinance, 1920, dated 8th March; an Order under followed," the COLONIAL SECRETARY Presid the same Ordinance, dated 7th March; aning: Order under Section 10 of the Travellers'

H.E THE GOVERSon: The Council will adjourn until this day week at 2.30 o'clock.

FINANCE COMMITTEE.

A meeting of the Finance Committee

SALARY OF A DEPUTY.

an injunction to restrain Messrs. Olsen from using them; he also asked for an account of all transactions carried on by MUI TSAI" IN HONGKONG. that business and, for damages and costs.

Messrs. Olsen counter-claimed for a declaration that the trade marks in die pute were their sole property and asked for an injunction to restrain plaintiff from using them and an account of all transactions carried out by plaintiff since the purchase by defendant of the business and the trademarks,

Mir. Eldon, Potter, outlining the plain tiff's case, said he was born in Germany in 1840, and was the brother of an

HECKLING THE SECRETARY OF STATE

The following is an amplification, by mail, of the Reuter's cable of February 14th:

(Feb. 14)-Lord Heary Cavendith Bentinck asked the Colonia!" Secretary whether in a document issued from bis department. the statement is made that almost every household in Hongkong that That can afford to do to keeps a mui-tini; and difficulties during the whether this comprehensive statement in- because it was suspected that clude the households of British officials.

Mr. Churchill: The statement in the plaintiff was an alien-enemy. However, he became a naturalised Beigian subject document qacted is intended to reinte in 1886. The Belgian Government held only to the praitic of an essentially an investigation into plaintiff's conduct Chinese custom in Chinese households in

Hongkong."

to vote a sum of 83.500 in aid of the voteront raised Harbour Master's Department. Personal Emoluments-

War

Restriction Ordinance, 1915, dated" 7th The Governor reammended the Council admiral in the German Navy. March; an Order under sub-section 3 of section of the Emergency Regulations Ordinance. 1029, dated 5th March and as Order under Section 4 of the Importation pad. Exportation Ordinance, 1918, dated 9th March and the Jurors' List for 1929.

EMERGENCY ORDINANCE.

The ATTORNEY-GENERAL moved the Erst reading of a Bill intituled An Ordinance to make temporary provision for the appointment of solicitors to appear in

The CHAIRMAN: This sum of $2,000 is required for the salary of an acting assist ant marine surveyor during the absence

of the permanent holder of the post. It during the war and found that it was represents ten months' salary at $350 a satisfactory, and the British Government month.

renloved a prohibition which" they had imposed in England.

Approved,

CHARITABLE GRATUITY.

The Governor recommended the Council

Mr. Palleek intimated that he was quite

the Original Jurisdiction of the Supreme to vote a sum of 31.150 in aid of the wote satisfied that plaintiff was a naturalised

Court in certain emergencies.

He said: The ranks of the Bar have. unfortunately, lately been reduced by death. Other members of the Bar. I understand, expect to leave the Colony "shortly for temporary period, and the result will be that for part, at least, of this year there will be a serious dearth of practising barristers, if steps are not taken to deal with this emergency. Suitors wil be unable to bring their cases on for trial and considerable public, inconvenience must be caused.. This Bill proposes, there fore, to give the Chief Justice power to authorise any duly enrolled solicitors to appear and act as a barrister in any case in which he thinks it desirable to do so. The Ordinance is intended to meet special emergency and it is therefore made temporary and clause 5 proposes that it shall come to an end on the 31st Decem. ber, this year. I beg to move the first reading,

Charitable Services, Other Charitable Allowances.

The CHAIRMAN: This sum is required for a charitable gratuity to the widow of a Government servant who was on the temporary establishment and it represents one month's salary for every three years' service.

Approved,

ASSISTANT CROWN SOLIČITOR'S BALÁRY.

The Governor recommended the Council to vote a sum of $3.500 io nid of the vote" Crown Solicitor's Office, Personal Emolu ments

The CHAIRMAN: This sum is required to pay an increase of salary to the Assistant Crown Solicitor from the 1st January,

1591, in the 31st December 1992. It bas been approved by the Secretary of State.

Approved,

CARE OF THE INSANE.

Belgian.

Lord Henry Cavendish Bentinck naked the Colonial Secretary whether the Gov- ernor and the Chief Justice of Hongkong. repeatedly dee'ared during 1560 and 1882 that the system of so-called adoption in

Hongkong was, in fact,, slavery; whether, as a result of these representations, Lórd Mr. Potter said that in 1876 the plaintif Kimberley gave instructions for the bold- set up in business for himself as a tobaring of an inquiry and for the submission broker. At that time the manufacture of to him of a report upon the whole ques cigars in the Philippine Islands, which tion; whether these instractions were car- was then Spanish territory, was a mono- ried out; and, if not, will be say why poly of the Spanish Government. It was not. known that that monopoly would come to Mr. Churchill replied: It appears an end in 1892 and in anticipation of this from the records that the opinion held plaintiff conceived the idea of starting by Sir John Smale, who, 40-years-ago cigar factory in the Islands. To carry was the Chief Justice in Hongkong dur- oat this idea be formed, in Antwerp, a ing the period mentioned by the noble Eimited company with the name of "El lord, was that this social custom of mui Oriente Fabrica de Tabasos.". A branch to constituted a form of slavery; the was opened in Manila and the Company Governor, however, considered that such carried on business in Antwerp and the Philippine Islands until 1005, when it went it into voluntary liquidation.

On November 29th, 1905, what we known in Belgium, as an "Association The Governor recommended the Council Participation was formed and on the to vote a sum of $850 on account of Mig cellaneous Services. Transport and Sub- begitenes of Lunatics

same date the liquidators assigned to pl ntiff the whole of the resets of the The CHAIRMAN: This sum is required to Company. This association was called The motion was carried and the Bill was supplement the vote for transport and the "Syndicate Oriente.

subsistence of lunatics, which was insuff read a first time accordingly.

The COLONIAL SECRETARY:

acoond.

EMPLOYMENT OF ALIENS ON BRITISH SHIPS.

The ATTORNEY-GENERAL moved the first Trending of Bill intituled Au Ordinance, to restrict the employment of aligua and of former enemy aliens on certain British ships registered in the Colony of Hong- kong.

He said: This Bill proposes to restrict the employment of aliens on British ships over 80 tons net registered tonnage, r

term could hardly be applied in fair nes to mui-teai in Hongkong, and fur- ther stated that after consulting the. Attorney Genera (Mr. O'Malley) he was clearly of opinion that there was nothing. illegal in the ordinary mode of adoption Chinese children in the colony. Lard Kimberley requested the Governor to institute an inquiry into the facts of the system, but though no formal report from the Governor can be traced, the

cient. One such charge at present appears: Evidence had bead taken on commis (latter, with the approval of the Secretary gader Charitable Services ** but in future estimates it will be brought undersion to establish what this association of State, and with the assistance of many the general vote above-mentioned.

Approved,

CORRESPONDENCE.

THE SERVANTS' STRIKE "PAY QUESTION. -

WAZ. It was an association of persons Chinese residents, took action whers who, by agreement, took a share of the necessary to ameliorate the conditiona profits of business carried on by another under which the system operated and to person, who was called a gerant." The prevent its abuse in practice. "gerant "could deal with the assets of Lord' Heary Cavendish-Bentinck asked

the business in any way he pleased. The whether the Colonial Secretary was not result of that arrangement, Counsel ex-aware that these child slaves were used plained, was that plaintiff personally for immoral, purpose. carried on the business by the Company,

[TO THE EDITOR OF THE HONGKONG DAILY PRESS:)

Lady Astor: "Hear; hear." Col. John Ward asked whether the time SIR-While heartily endorsing a!! that In 1000 plaintiff opened a factory at. gistered in the. Colony, and prohibit the you say in your leading article of the Mongkok. The marks in dispute, with was not overdue for England to zbolish employment of former enemy alican on all 18th inat, I would like to make special the exception of minor alternations were the right to buy and sell human beings

paragraph. British ships registered in the Colony reference to the closing.

used as trade marks in their entirety from for any purpose, whatever, as it was & suggest that the legacy of May trouble," is already with us? For though the time the factory began until now and disgrace to the British Empire. the ecaman's strike may be settled, yet

Mr. Churchill: . It is a gubject" that the question in the minds of most, if not were being used at the present day. The Lady Astor: Hear, hear."

The position with regard to aliens at Former enemy aliens is that no such alien shall act as master, chief officer or chief

all, of the foreign community-business trade mark were registered in Australia, engineer of a British ship over 80 tons net,

man and householder alike is, shall wo registered tonnage. Power is given to give full pay, half pay, or so pay for Germany, America, England, in fact, all could very well be debated on the the Governor-in-Council to grant certi- the time during which the varying grades over the world and the plaintiff claffued ol sympathetic strikers deserted their that in spite of the reorganisation to frates of exemption from the provisions of duties!

The Government, perhaps, that particular, section and it also is not au

Yours faithfully,

could advise which reference had been made, he was to apply to any alien who, during the this, or shall we rófer to "Canton - I still the owner of the trade marks.

The hearing was adjourned.

swart hda acted ne master, chief officer, or,

'CONCERNED.”.

Colonial Office estimates.

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