1922-08-19 — Page 3

DEFINING" EXCHANGE

BROKERS.**

LAWYERS FIND IT DIFFICULT.

THE

KOWLOON RESIDENTS'

ASSOCIATION.

At recent Committek mestings of the Howloon Residents' Association, several'

*CONDUIT PIPES" OR "COMMUNI-interesting matters havs come up for "con-

CATING CELANNELS."

It becue apparent in the course of the exchange contract action before the Puisne Judge, yesterday afternoon, that exchange brokers are in a somewhat undefinable position, legally, and counsel found it ilifficult to express in words what is their Exact legal statua

sideration and action.

STREET NUISANCES,

With regard to street. nuisances, com- mitted by ricksba coolies and others, on which the Committee had been approached and regarding which a letter had been addressed to the Government pointing out the lack of public latrine accommoda- TEe Bank of Canton are suing the tion, a letter was received stating that the British Chinese Trading Company in con-Government had instructed the Police to nection with exchange contracts now re- prosecute offenders and that the question pudiated by the arm. The bank claims of additional latrines was being con that the firm's manngun, Xavier, was held sidered. out as authorised to arrang exchange: contracts and that this was borne out by the fact that other exchangé contracts made by him had been accepted by the

HONGKONG DAILY PRESS. SAFURDAY, AUGUST 1971, 1923.

LOCAL CHINESE PRESS COMMENT.

UP-TO-DATE FERRY SERVICE. EXTENSIVE SCHEME UNDER CON- SIDERATION BY THE HONG-

KONG GOVERNMENT... Plans for a new and up-to-date, ferry service across the harbour are under the

is just possible that in the coming year consideration of the Government, and it

this direction. we alay se important developments in

building of piers both at Hongkong and The suggested developments include the

Kontoos, suitable for accommodating. large ferry steamers capable of carrying both passengers and wheeled traffic. Tho piets and ferries would be similar to the those in use in London, Liverpool and New York,

THE WATER QUESTION. The Wab Toe Fal Po says that the Chinese public is unaware of the condi tions under which water-moters will be

Wah Hospital and the Chinese Chamber installed. The mootings held at the Tung of Commerce were fruitless inasmuch as the only result attained was an announce ment from the S.C.A. that the Govern rent had decided to instal meters. It would be fatile to convene a meeting of Kaifongs after the system had been put into operation although the Kaifongs can correctly reflect the people's opinion, their expressions would be of no avail when it is too late. The installation of meters will not affect the prescht shortage. The The Government have in mind two very The condition of the playing equipment public is more interested in plans to re-suitable sites for the proposed piers. On at the Children's Playground, in Chatham lieve the shortage than the question of the Hongkong, side the site is that now Road, having become dangerous, the Com-meters. That the poorer classes have to occupied by the small wharf opposite mittee approached the Public Works De wait two hours in a queue to obtain à Jubilee Street, just beyond the Yaumati The firm pleaded a letter to the Bankpartment as a result of which renewals.of pail of water in which Xavier's authority was definitely the tackle had been effected had the tain

from L street-foun- Ferry Wharf, which, up to recently was Jimited, and it was also admitted that the equipment now made safe. "The Depart The

of the distress, used by the Yaumati Ferry Company enb-manager

suggestion to sink wells has while the Company's present ferry wharf of the Bank had seen ment had also promised to improve the met with disfavour and nothing has was in the course of re-building. Xavier's contract of employment, which condition of the ground around the been heard of plans to procure water contained a limited clauso,

firm.

It was also shown in evidener that neither firm nor bank sign an exchango contract; a broker acts as intermediary and he does not, Becessarily disclose to the bank who it was set him in motion-whe ther a person authorised to do so or not.

Yesterday afternoon. Mr. F. C. Jenkin, for the Bank, continued his reply to the submission of the defence that there was no caad to answer. He urged that the proprietor of the arm, who knew that a Broker would art in these matters, Devez acquainted the broker employed by the firm with the limitation of Xavier's uthority...

THE BROKER AS "AGENT" (QUALIFIED), 'As to the position of the broker, Mr. Jenkin said: "The broker leaves the firm as the firm's agent and proceeds to the Bank where he indicates, the offer which he has received from the firm. He leaves the bank as the bank's agent and he returns to the firm and, as the bank's agent, indicates the rate at which the bank will effect the businses. On the firm accepting. the broker, as the mutual agent of both parties, concludes the contract. Under usage, trust and confidene is re- pused by all three iu one another,"

i

THE CHILDREN'S' PLAYGROUND.

swings, etc.

NOWLOON'S. NEEDS.

K evidence

nay

from outside sources.

Are there other schemes, hitherto unknowa, to in- crease the water supply? If there shoull he substantial rains, will our immediate requirements be provided · for 1 steps Erc being taken to safeguard

What

The

site likely to be chosen on the mainland, should the scheme materialisé, is the ten- Kowloon side of the Yaumati Typhoon minus of Jordan Road, a little to tha Shelter, where there is a good depth of water and plenty of shelter.

Both these sites are within easy reach by the European population on either sido of the water. The Hongkong site is about 200 yards to the West of Blake Pier, whilst and we should be grateful to the Chinese: Rand: Jordan Road crosses Nathan Road The idea of wing nieters is not new the Kowloon site is not far from Nathan members of the Legislative Council forward at the back of the Kowloon Cricket where Saifee Terrace stands and runs on their opposition to the scheme. We feel round, until it connects up with confident that the present representatives Gascoyne Road, which in its turn connects have the interest of the public at heart. Road is an important artery for feeding up with Chatham Road. Thus, Jordan and it would be difficult to differentiate the whole of the European districts in between the respective abilities of the Kowloon and is also central for the present members and their predecessors, ther on.

Chines community at Yaumati and fur- In this connection the mooted

A lengthy communication has also been addressed to the Government in conney tion with the Budget for 1923, which is shortly due to come before the Legislative Council for approval. The Committee has drawn the Government's attention to the against future shortages f following:-Need for more public con- veniences: the desirability of the better goneral improvements in the Children's lighting of the public pier; the need for Playground so that mora covered accem medation can be given in sunny or rainy facilities and the desirability of providing weather: the lack of public recreation more; and the very much felt want of better bathing facilities. In this last named connection it has been pointed out to the Government that although Kowloon is bounded on three sides by the harbour the Chinese Chamber of Commerce tramway scheme for Kowloon and district there is no opportunity for residents to meeting. Mr. Chow Shou Son said that a would probably be brought into operation. With regard Lathe, except by taking a launch trip representative had every chance of with Jordan Rond as one of its main schemes, for which the spending of public having his family possessions confiscated The ferry boats are to be large and fast

other improvement!

termini. money has already been sanctioned, the and very little hope of a notification and a regular service would be raaintain. carrying out of the work (including, Chinese saying describing an unenviable pier and from thence on to the boat by Committee has expressed the hope that the relative to promotion," this being an old. The piers would be a bailt that that does, the Kowloon Hospital) will be!

motor cars could be run straight on to the as expeditious as possible.

During the period under review a cir-fronting the post, but one who accepts a M. A. C. M. Fletcher, C.31.G., Colonial

task. We appreciate the difficulties con means of floating platforms. eular letter has been addressed to many

Approached yesterday on the subject. Kowloon residents, not already members public appointment wust be prepared to Secretary, and that nothing defnite as of the Association, urging them to joifexpend his energy and be adamant to yet had been decided upon, but the

have nothing to do with the Star Ferry scheme was receiving very close attention

service, which had its work cut out in coping with present traffic. The Colony as was to be seen in any of the big ports was in need of a modern fast service such at House, and, the rapid growth of the Colony would provide plenty of scope for the two services.

to

41

As the result of this circular there his adverse criticism. Wheas Mr. Lau Ch 16 The proposed service would bron a gratifying increase in membership. | Pak served on the Legislative Council he

At any rate, they are not

13/14

TRAMCARS. STONED,

Mr. Macnamara appeared for the

the

continually attacked and ill-spoken Mr. Jenkin quoted from Halsbury that order from certain fru or not.

of. Now that, he his dead, he is sym a firm cannot put a private limitation on bank, in other words, has got to protectment he received from his nationals, The pathised with because of the unfair treat the authority of its manager, and asked, itself. How can you say that a man who Messrs. Chow and Ng should not be dis- Had the bank notice that extensible acts in that capacity is, in law, an agent: couraged and they have no reason to authority did not exist? The letter of the he is under no liability or duty to either feel discouraged-but they should bear in firm to the bank did not mention exchange party. He is a person who does nothing mind that they are the mouthpiece of Leontracts; merely said that Xavier more than communicate to one party the 600,000 Chinese and are the only two could not sign, for the firm, documents fact that another party is ready and will-Chinese who are authorised to voice their: that would bind them.

The Judge: I think the position is that the purpose of recording that transaction. Intention to speak ungraciously of our YOUTH ORDERED TO BE BIRCHED. ing to sell or buy a certain thing. For opinions on the Council. There is no Navier was undoubtedly before the hank the broker puts his name to two bits of representatives. We are only attempting from the beginning obviously with limited paper, neither of which have the effect of to inform them about public opinion to authority. Mr. Sassoon said that if the imposing any liability of the broker him- enable them to be in a better position to letter sent to the bank had been shown to self. Provided he does this without a look after our welfare. As the Govern-Hongkong Tramway Company, yesterday him he would have ceased to deal in mistake he is hot linble. I will leave it nent wishes to instal the moter-system at the Magistracy, and asked fr. Lind exchange contracts with Xavier,

to your Lordship to devise the proper hold a meeting to discuss the question, the ease of a youth, who was charged Mr. Eldon Potter, replying to Mr. description of an exchange broker is

first and then permit the Kaifongs to sell to administer heavy punishment in Jenkin's argument urged that it would Hongkong: would rather it came from the community is exhorted to be calm with throwing stones at a tramear and be grotesque if Xavier, who could not the Bench.

and patiently await developments. pledge the firm for $101 under the Saleagents,

breaking a window shutter. The offence had become all too of Goods Act, could pledge their credit

WHO IS TO BE KWANGTUNG'S

common in Shaukiwan district, said Mr. Mácnamara, for a quarter of a million dollars-the

CIVIL GOVERNOR.

It was not merely a matter of mis amount involved in the ease-on exchange

but they had even gone to the extent of chievous pranks on the part of juveniles contracts.

Mr. Potter: I think that admission

stealing the side chains from the cars. Coming, to the position of the broker, The Judge (to Mr. Jenkin): under ment of this question. It says that ed at small boys who were committing the would put you entirely out of Court. The done, to bring about a speedy settle-and said the stones he threw were direct

The defendant gave his age as 18 years Mr. Potter continued, I think the stood you to say "an agent for the firm definite news has been expected during offence in question. brokers of this Colony will bitterly regret and the bank," having given evidence in this case if your

the last few days. For two months, var; Lordship finds that they are agents. It as my friend is finding language to des but still Kwangtung has no civil adminis 16, instead of 181," queried his Worship. The Alagistrate refused to believe that Mr. Jenkin: I have the same difficulty ious candidates have been put forward the boy'a nge was 18. is the last thing they admit they are,eribe properly the operations carried out tration. Ngai Bony Ping and Tong Ting The youth smiled assent, whereupon Mr. take it you are anything but an agent.. On the evi by these gentlemen. I called them, in and interest is now centred around, Ting to 12 strokes and I hope it will hurt dence, an exchange broker in Hongkong portion of my speech, runners."

Kwong have fallen into the background: Lindsell added "You will be sentenced is not an agent, in law, for either party.

The Judge: At any stage/

Shao Yi. The Kwangtung Army spared you." no efforts to retain the control of the Mr. Potter: At any stage.

Province and Chen Chiung Ming is their The Judge: He is an agent to sign,"

leader. Military power is, undoubtedly, Mr. Potter: No, an exchange contract

the all-important factor and the faction does not require my signature, although

responsible for causing the present situa the broker signs, as a matter of fact, to keep track of documents.

ANYTHING HT" AGENTS."

The Judge He is not in fact an agent; he is merely a recording agent.

2

MR. JENKIS QCALORIES AGENT"

Mr. Jenkia: I do not suggest that they· The Chinese Commercial News discusses the proposed appointment of Kwangtung's Civil Governor and suggests what should

are.

A SUGGESTION FROM THE BENCH. The Judge suggested channels of coth munication.”-

Mr. Jenkin: That is a very appropriate definition.

The Judge: Their function is to con- vey correct information and if they do not they are liable for breach of contract,

Mr. Potter: They may be," Mr. Jenkin explained that, in using the word "agent" he did "not mean form,

The Judge: I understood you did, Mr. Jenkia: They are conduit pipes, or communicating channels, solely,

The Judge remarked that one could not language of the pleadings) through a make a representation" (quoting the

communicating channete

THE CHINESE NAVY.

tion is the only party that can bring about Chen Chiufig Ming's first duties pow that The Ten Wan Yat Po says that one of a settlement. It must be agreed that he has returned to Canton is to arrange Chen is the man who can keep order, for the Northern Cruiser Squadron to go but he has persistently refused to take North. It reminds the public that the up the position. At no other time has Navy originally came to Kwangtung to IMPORTANT AND USEFUL, BUT DIFFICULT

the domination of the military been more upho! the Constitution; now that this TO DEFINE

agents who are liable in any shape orin evidence. "Civil Governors are almost has been attained there is no object in Mr. Potter? It is difficult to frame

the private property of the militarists; it remaining south. suitable terms to describe exchange

they are mere figureheads, like to man national arm and cannot be included in The Navy is à brokera. I have no doubt they all perform

the manipulations of the operator. It should it be used to exploit the aim of any nikins whose movements are subject to the defences of the Province Neither In most useful and important function in this Colony; they keep in touch with the

to work under such conditions. Chen in participate in the bombardment of Can is unlikely that anybody would be keen one faction. Although all the vessels did not exchange roarket. describe them in particular words, but I

brought about the crisis. As he had evidence of the harm that may be done I do not venture to

spired the movement to oust Sun and ton, the Cantonese have had practical give them this negative description, they are not agents for the bank in the Mr. Potter That is my whole point. strength to finish; but he refuses his ing a Navy in their waters. This may the strength to begin he should have the them by their harbouring and maintain- wease Mr. Jenkin asks you to find, or It is one of our arguments that a broker responsibilities and vaguely points to not be the only instance of a few mis agents for the custourer either. Their is not an agent. The bank wakes up its the cast and south. it, he is sincere, guided men taking it into their heads to position, on the evidence, is that they mind whether it will or will not deal with he should give adequate guarantees that terrorise the people responsible for the merely communicate no offer to sell to the a cortain firm; it is not part of the the military leagiers will not interfere upkeep of the Navy and there is every bank gold dollars to the Bank of Canton, broker's duty to communicate to the bank with the civil administration, and Tang reason to believe that shonid there be in this case. They come from the mer that a certain person, he believes, has got Shao Yi, whom the people favour, will another crisis in Kwangtung, the Navy. chauts and communicate, the offer to the authority How can you say,These take up the post. With the Provincial will favour the overtures of propagandiste bank to sell, which the bank may or may exchange contracts were made on the faith Assembly effecting the official appoint who wish to utilise their services, Marc- not accept. If the bank manager says of those representations! The broker ment and the Kwangtung Army giving over, Kwangtung has no surplus of Yes, I accept, the contract is complete makes none. I think their whole case assurances that it agrees to the strict revenue to squander on the pay of an And it does not require a single act on gocs-on their admission that brokers are separation of military and civil control arm that should be supported by the the part of the broker. I carry it very not agents all obstacles to Tang' acceptance will whole country. much further we have it in, evidence, As it was then nearly five o'clock the be removed, it may be argued that if Government gave an undertaking to ap From Mr. Sassoon and the other brokers Puise Judge, announced, that he would Tang decides to re-enter politics, he propriate $160,000 monthly from the IN.B-Tho Kwangtung called, that they are not concerned to adjourn the cue without fizing a date would accept the Premiership as Peking Provincial revenues for the pay of the protect either of their principals, to in- If he decided to call on the defence be in preference, but it will be recollected ofhicory and crews. As the Navy leaders quire into the authority of the men, in would not give reasons at any great that Tang is not in agreement with Wa have announced that they will support structing them, or who the man, instruct length, but if he decided in favour of the Fei Fu and he has, also announced that the reunification movement they should ing them is that is a matter for the ples of the defense that there was no case he will refrain from going to Peking, till give practical proof of their incerity by bank entirely, whether it will accept an to answer he would give a written the Hopublic is actually united,

(Continued of foot of next calumu) decision

returning with the ships to the based in (Continued at foot of next column.) the North

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