1922-08-04 — Page 3

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THE HONGKONG

tore than is customary. The explanation The owners, instruct us they have also is the fall in exchange, which affected the hail a number of meetings amongst them- accounts in every department of the selves, at which the Government's pro- Government service. The estimates for Doals have been most carefully consider 1821 were based on a rate of 38. id. and led and discussed.

the average for the year in 25. id. 1]. The owners have come to the conclusion might mention that, against this 'sum of that the remuneration offered by the $1,001,282.12 is offset a considerably larger Government is not only wholly inadequate saving of some 93 million dollars in the but must result in a heavy loss to the five main heads of expenditure which are [owners. not shown in this Bill...

The ATTORNEY-GENERAL seconded, and the Bill was read a first time.

".

Each of the owners has, in respect of hissahip, made out A working account, based on the previous working expenses of his ship, and each individual item, although approximate only, can be sub- stantinted by the owners books, which PETITION PRESENTED BY LOCAL books the owners are prepared to pro- duce for inspection to the Government at SHIPOWNERS.

any time,

THE INDEMNITY BILL.

''

"The CotoNtAL SECRETIT seconded.

The ATTORNEY-GENERAL: Sir, certain Interested persons wish to be heard by counsel upon this Bill and I beg to move that they now be so heard.

The Roo. 3r. E. V. D. PARR: I second

that..

The resolution was carried. ·

|

DAILY

PRESS FRIDAY, AUGUST 418,

By a Proclamation in the London Gazette of the 14th August, 1914, certain persons were appointed to the Board of Arbitration contemplated by His Majesty's proclamation of the 3rd August, 1014, and Lord Mersey was appointed as President and Mr. William Walton as Vice-President.

By an Order-in-Council :dated the 28th of June, 1917, by way of amendment to the Regulations called the Defence of the Realm Regulations under the De fence of the Healm (Consolidation) Act 1014; it is provided by Regulation 39 BBB:

Should the above scheme have been either by mutual agreement between the Lords Commissioners of the Ad.brought into operation under the powers miralty and the owners, or failing such referred to in (a) above it is obvious agreement, by the Award of a Boart from the decision in The China Mutual of Arbitration to be constituted and Steam Navigation Co., Ltd. alacige re appointed for the purpose.

ported in 1918, I.K.B, page 331 that although the Board of Arbitration re- forred to in the Proclamation of the 3rd August, 1015, might have powers to assess the remuneration on a requisition basis it clearly has no power, to assess the remuneration and compensation under the above scheme consequently whether the above scheme has been brought into operation under the legislation" referred, to in (2) above or under other legislation not referred to in this letter or merely on the basis of negotiation our clients feel further justified in suggesting that His Excellency might possibly see his way The ArronNEY-ĠENERAL moved tha Wo enclose here with working accounts

to communicate with the Home Author Becond reading of the_Bil) intitued An of abe steamships Telemachos, Pheuma-

ities and obtain the necessary power to Ordinance to restrict the taking of legal [nh, Haimun, Brisbane, Wollowra, -That the Shipping Controller may appoint a Board of Arbitration here for proceedings in respect of certain nets and Manapouri, Castlefield and Patriot. make orders regulating and giving direc the purpose of fixing the remuneration matters done during the war and to pro From a perusal of such, working tions in respect of the nature of the and compensation to be paid to the own vide in certain cases remedies in subaccounts it will be seen that when the trades in which ships are to be employed, ers under the above scheme, and in the stitution therefor.

remuneration proposed to be paid by the the traffic to be carried therein, and the event of auch Board being appointed, Goyernment is placed against the working terms and conditions on which the trade our clients consider, that their interest expenses, the result is a very substantial is to be carried, the ports at which cargo should be fully represented on such a monthly loss in each individual case. is to be landed" or discharged, or pas- Board, and that they should hare Unless the Government are prepared senger embarks or disembark (including a full opportunity of placing their to very substantially increase the re-directions requiring ships to proceed to views before such Board In con- muneration. bankruptcy or liquidation specified port for the purpose of loading nection with this suggestion, our will be, the inevitable outcome.

or unloading carga or embarking, or dis clients. desire to state that they do From a perusal of the working accounts, embarking passengers) the ports at which not consider that the present members the result appears to be as follows:- consignees of cargo are, to take delivery of the Sub-Committee here of the 3.50 Telemachus a monthly loss of 83.911.65 thereof, the rates (maxima "or minima) London Shipping Controller are in a

Pheumpenh

4,733.75 to be charged for rates or hire of ships position to fly or adequately represent) 2,849.00 and the carriage of passengers, the form our clients' interest or that they should 001.00 of bills of lading and passenger terti- | be called upon to do so. Furthermore, 4,995.00 ficates, and other matters affecting ship our clients feel that a local Board” of 948.00ing where it appears.to the Controller Arbitration is essential as local conditions 395.73 necessary or expedient to make such must be taken into consideration. Patriot a very substantial loss in view order for the purpose of making shipping Our clients desire us to state that it of the requisition of the s.s. Wal-available to the needs of the country. in is not their desire or intention to oppose lowest.

such manner as to make the best use

or hinder the Government in any way strongly as possible to His Excellency the stances at the time, provided that any reasonable. and adequate remuneration. The owners. desire us to represent as thereof haring regard to the circumbur to secure for themselves a just, Governor, the vital necessity of pro-order made under this Regulation shall and compensation under the circum. The PRESIDENT: I think, perhaps, as a pounding a new scheme whereby a very have effect subject to any Regulations printed copy of the petition is in the much higher remuneration is allocated tande or Orders given under Regulations:

stances, hauds of hou. members it will be unneces- the owners, and desire us to point out 37, 35 or 39. sary to read every word.

MALABASTER That will perhaps Ping trade of this Colory should be tion may contain such provisions as to

that it is most inequitable that the ship-Any Order made under this Regula shorten it, but my instructions are to selected as the only industry to be taxed.entry inspection of books and documents oppose this Bill and to protest, in so far It is well known and has often been pre- or otherwise as may appear to the Con as it is possible to protest. This is anounced by His Excellency the Governor treller necessary or expedient for the petition of a considerable number of blood of the Colony, that without shinPurpose of his duties.

that the shipping at Hongkong is the life steamship companies, some registered in ping this Colony cannot exist.

-The Shipping Controller may by Hongkong and others in Shanghai; with The owners feel certain that. His Ex-order requisition or require to be placed shareholders-men and women-of many celloney will appreciate the extraordinary at his disposal, in order that they may ifferent nationalities, some connected competition which British shipping has be used in the manner best suited to the with the Colony and some wholly uncon-contend with in the Japanese shipping, needs of the country, any ship, or any that unless sufficient inducements arerio space or passenger accommodation Counsel then read the salient para-shown to British shipping enterprise thelin ay ships, or any rights under any graphs of the following petition:- satur cannot be expected to fourish. The charter, freight engagement, or similar owners consider that British shipping ships so requisitioned to be delivered to contract affecting any ship and requira Companies should not be penalised in the Controller or any persons named by these times when Japanese shipping Com-him at such times and at such places as with copy of a letter which was received the Officer Administering the Government and will, unless British Shipping is well

To the Hon. Mr. CLAUD SEVERY, LL.D., Epanies are building up enormous reserves the Controller may require, where it on the 25th, April last by the Secretary of the Culuny, of Hongkong for the time fostered become invincible competitors appears to the Controller necessary or being nod to the Members of the Legis in the not distant future, especially in expeditent to make any such order for

He

Mr. C. G. ALABASTER, O.B.E., barrister- Tat-law, then addressed the Council.

said May it please Your Excellency, and honourable members of the Legislative Council, I propos, "with your permission, to follow the practice that was adopted when counsel was heard on the Eents Bill and to rend the petition which has been presented today. supplementing it, if pressary, by commenting on it a

read it.

Heeted with it.

PETITION.

#

L

Haimun

Brisbane

Wellowra Manapouri Casticheld

lative Conneil of the Colony of Hougthe Far East. kong. The humble Petition of:-

Hency' the Governor will see his way to

.space.

This letter is written without prejudica

in any way. We have the honour to be, to the owners rights in every respect and must not be construed as an admission.

ir, Your obedient servants,

(Sd) DEACON, LOOKER, DEACON, AND HARSTON, The Honourable Colonial Secretary, 4. On the 1st day of May, 1918, our said Solicitors addressed the following letter to the Honourable Colonial Secre-

J:

tary-

SIR,-

Enci

1st May, 1915.

re The Hongkong Shipping Control Scheme. We have the honour to enclose; here.

of the Ship Owners Protection Associa tion of Hengkang from the Secretary of the Shipping Control Committer.

The enclosed letter received the con- sideration of the Committee of the Ship Owners Potection Association of Hong- kang this horning who have instructed us to state that in view of your letter

the purpose of making shipping available In view of the working accounts en for the needs of the country in such closed herewith, in respect of which the manner as to make the best use, thereof Messrs. The Douglas Steamship Co..owners ingite full and complete investi having regard to the circumstances of the

Ltd, owners of the steamships gation, the owners hope that His Excel-time, Haitan and Haihong

Such compensation shall be paid in Mr. Stoller & Co. (Shanghai). Ltd., very substantially increase the remune respect of the use of the ship or cargo of the 24th April last No. 2,186/1918 they

of Shanghai: owners of the steam, ration now offered,

or passenger accommodation: re-prefer to address any communication ships Mapapouri nad Castlefield;

The owners, whilst being desirous offquisitioned under this Regulation and for which they may desire to make either to (how called Lindsay Moller and assisting the Government in every pos- service rendered during the use thereof, Mr. Fletcher or to Mr. Carey because Ralph Moller respectively),

sible way, at this serious juncture, cap and for loss or damage thereby occa unless they have a representative on the Messrs Carichart and Clarke offsider that their present request is not sioned as ir default of agreement, may be Shipping Control Committee they cannot Hongkong, representing the owners only reasonable, but such as they are determined by the Board of Arbitration see their way to make any communication of the steamship Brisbane, The Luen Bing Steamshire Co., Ltd. of under the present circumstances,

justified in putting forward and prossing constituted under the Proclamation of the to such Committee as they do not con- 3rd of August, 1911, respecting the re-sider their interests are adequately re Hongkong, the owners of the steam-

The owners desire to make a further quisitioning of ships by the Admiralty. ship Phuinpeah. The Lai Hing Steamship Co., Ltd.. ofportance to their interests, which is that request which they deem of vital im- Hongkong, the owners of the steam representative from amongst their ranks ship Telemnehus..

be appointed by His Excellency the Gov. The Po Shau Steamship Co., Ltd., offernor to the sub-committee of the London Hongkong, the owners of the steam-Shipping Controller, and of this Deputy ship Raimun

in the Far East,

The Wollowra Steamship Co., Ltd.; of

Shanghai, the owners of the steam ahip Wollowra,

Un Man Chours of Hongkong, the owners of the steamship Lien Shing. Showeth as follows-

This letter is writes without prejudige to the owners' rights, in every respect, and must not be construed as an admis-

sion in any way-We have the bonour to be, Sir, Your obedient servants,

45) Dracos. Looken, DeACON AND The Hon. Colonial Secretary,

ITARKTON.

19th, April 1018,

1-in or about the month of March, 1918, the Government of Hongkong noti fied your Petitioners of their decision to 3.On the 10th day of April. 1918, our bring the said steamships under Hong said Solicitors, addressed the following kong Government control. Your petition letter to the Honourable Colonial Secre ers whilst protesting in every possible tary way did tot oppose the action of the Government of Hongkong at the time being contented, having paid "under. pro- test the moneys demanded, to leave the adjustment thereof to a inter. date a your petitioners considered that their ships were required for furthering the

We have placed the above letter before interests of the British Empire in the our clients who are the owner of the date war and understood that moneys ships referred to in our letter of the 11th received by the Hongkong Government instant.

ra Hongkong, Shipping Control Scheme."

We have the honour, to acknowledge receipt of your letter of the 13th instant, No. 1 in 3436/1916.

by reason of such action would after Our clients much regret that His Ex making adequate compensation to thecellency cannot see his way to increase owners he remitted to England and used the proposed remuneration, because, as -in: connection with the late war.

you state, His Excellency is. at present On the 11th day of April, 1013, our bound by instructions from home, but our Solicitors Messrs. Deacon, Looker. Deacon clients note with pleasure that His Ex- and Harston_addressed the following celleney is prepared to assist our clients letter to the Honourable: Colonial Secre-in every possible way Lary

"Our clients are at present, unaware, under what legislativo, authority the above scheme is being carried out, nrid would be grateful for some enlightenment on the subject to be a

11th April, 1918. Sin-We have the honour to address you with reference to the bringing under Government control of all steamers flying the British flag which have not yet been As far as we ourselves are aware, there requisitioned for Imperial service, and are only two legislativo authorities under whose ports of registry are either Hong-which uch a scheme could possibly be kong or Shanghai.

brought into operation, and they are an follows and

We are instructed by the owners of the the owners of the steamships Telemachus, Pheumpenh, Hai-, mun. Brisbane Wollow, Manapouri, Castlefeld and Patriot to represent their ánterests generally, and particularly as to the remuneration which the Govern ment propose to any under the abovo

cheowners have now had the advan Lage of considering the information which was imparted by the Assistant Colonial Secretary at the Meeting at the Banitary Board Ofice held on the 28th March last, when they wore informed that the Goy erament propose to pay the tramp Blue. Book rates, as to one third thereof at an exchange of 2/ to the pound, and as to the balance at the rate of exchange of the day of payment plus 2/8 per ton for Eastern service, and 5 per cent on the het profits in consideration of the services. of the owners in running the ships on behalf of the Government

(a) Under the Proclamation in the London Gazette of the 3rd August, 1014, the Lords Commissioners of the Admir- alty by Warrant under the hand of their Secretary, or under the hand of any Flag Officer of His Majesty's Navy holding by appointment under the Admiralty, are entitled to requisition. and take for service any British hip

presented or protected in regard to com- munications made to such Cenimitted at the moment and they are of opinion having regard to what has recently taken place that they are justified in the position now taken up by them,

The Ship Owners Protection Association of Hongkong.desire to again put forward

(b) Byn Proclamation published in tha Hongkong. Government Gazetle on the 5th August, 2014, bring into opera- tion the Order-in-Council of the enth October, 1890, it is provided-"";

6.--The Governor may require any person to supply any animals, vehicles, ships, boats, or other per- request for representation on the Ship- sonal property belonging to er ping Control Committee which the Ship under the control of auch person Owners Protection Association of Hong to the Government, if such pro kong venture to think now has the sym perty be required in aid of or in pathetic support of certain members of connection with the defence of the the present Shipping Control Committee. Colony, and, in default of the per-We have the honour to be, Sir, Your sou supplying the same, may seize obedient servants, and take possession of and retain such animals, vehicles, boats or other personal property for such purposes. 12-The Governor shall out of the public funds of the Colony, pay to every person who shall be required to do any personal service by virtue of this Order such remune ration and to every person whose property shall be taken or tema- porarily taken possession of or re moved or destroyed by virtue of this Order such compensation as shall he agreed on between the Governor and such person, and in default of agreement, such remune- ration or compensation as shall be awarded by the Board hereinafter mentioned whose award shall be final.

For the purpose of determining the amount of any remuneration or coth pensation payable under this Order..

the Governor

(Sd.) Dracos, LOCKER, DEACON, AND HARSTON. The Hon. Colonial Secretary,

5.-The Ship Owners Protection Associa- tian of Hongkong which was and is an Association for the protection of our interests with reference to the aforesaid Government control scheme were sever permitted to have a representative on the Shipping Control Committee nor were we the individual shipowners represented whereas the Committee in question was substantially composed of representatives of Shipping Companies in direct opposi tion to us,

The said Steamships were then and are now on the Hongkong or Shanghai registers. The position being as follows:

S.S. Telemachus Hongkong Begister. 86. Phoumpenh SS. Haiman SS. Brisbane S.S.(Wollowra“.

S.S. Lienshing

S.8. Marapouri. Shanghai Register. 58. Castlefield

shall appoint a Bourd consisting of five persons, of whom one shall be A "Judge or Stipendiary Magis

7.Thereafter the said Steamships were trate, two shall be officers either taken under the said control and the in tho Civil Government of the Colony or in His Majesty's naval Hongkong Government received in respect or military service and the other of their earnings large sums of money two shall be inhabitants of the which sums the Government still retain Colony All questions referred to against the will and consent of your Peti the said Board shall in case of a toners. Further your Petitioners know difference of opinion, be decided that the Home Government do not require. by the votes of the majority of the the said moneys and have so informed the members. The. Judge or Stipen! Hongkong Government. diary Magistrate shall be the Chairman of the Board

8-The said sums were not required in ald of or in connection with the defence Should the above scheme have been of the Colony or of the Empire or used

or British vessel as defined in the Mer brought into operation under the powers for the purpses of the prosecution of the chant Shipping Act, 1904, within the contained in the Proclamation in the war now happily ended

British Isles or the waters adjacent Hongkong Government Gazette of the 5th-In the Financial Statement for the thereto, for such period or time as may August, 1014, bringing into operation the month of February, 1021, published i be necessary, on condition that the Order-in-Council of the 28th October, the Gazette of the 27th May, 1991, uzder owners of all ships and vessels so re- 1806, in view of His Excellency being the heading Liabilities is the item quisitioned shall receive pay for their prepared to assist our clients in every 10 The retention of the said mum by Shipping Control Account #1,231,20411' use and for services rendered during their way in his power, our clients feel justi employment in the Government, service, fied in suggesting that His Excellency the Government is hot warranted by any and compensation for loss or damage might be prepared to appoint a Board for Act of Parliament, Ordinance," Order-in- thereby occasioned according to the the purpose of fixing the remuneration Council, Royal Prerogative or other law- term to be stranged on soon as possible and compensation-to-be-paid to the ful authority after the said ship has been taken up, owners under the above scheme.

(Continted on page B.1

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