1923-07-18 — Page 4

JOHN 1.

THORNYCROFT

AND CO. LTD.

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HONGKONG

COMPANY MEETING.

UNITED ASBESTOS ORIENTAL

AGENCY. LTD. --

THE MEXICAN CONSUL SUED`

DET FOR BRIBERY," Mr. This man has sworn that

His Honour replied that it was out of. His Honour suggested that if Mr, La.. his provings to say whether they had wore making insinuations he should mak TROUBLE OVER A PASSPORT.

been treated with courtesy or pot. The them less obliquely "

Mrs Lo: I do not disguise anything. A case in which A. Zuckeranu. 10. Consul might have believed, rightly or The thirtieth ordinary general meeting Carnavon Buildings. Kowloon, Conuit wrongly, that there was some irregularity at all I do insinuate if it is put like of sharehüllers Guf the United Asbestos for Mexico, was sued by Wang Yusai, in the passport and that his regulations that, (To the witness,) If the plaintiff Oriental Agency," Ltd., was held yester- nærchant, of Mexico, at present residing required him to detain it. His. Hannay had given you something more than the day at the others of the Company, fr, at 914, Queen's Road Central, was heard mentioned that about twenty-five yenis usual fee you would have objected to the T. G. Wea!l presiding. There were also in the Summary, Court, before Mr. ago there' were a large number of Chinese passport/

Witness: Yes, prosent: Mósary, A. Marlich, W. C Justice Gompertz, yesterdag tuornitis. who desired to prcese to the United Shiper, H. J. Silva (shareholders) and Plaintiff elimel the tvturn of a States, which at that time had a Mr. 4. R. Elwards (Secretary). „

passport and other papers, issued to him strong policy of restriction, Professional The CHARMAN said :---Gentlemen,--With by the Government of Mexico, which classes were admitted, but they did not there is not a vadid reason for his refus your permission I will as custiniary take had minded to defendant and which want labearers coming in and competing ing to grant a visae. The only evidenc

return. Plaintiff the report and neeounts as revi. Your defendant refused to

Before was that the wretched plaintiff did not with their own working class, General Maungers regret that your Cyan alleged that defendant had converted the they would allow a Chinese to enter, he look like a millionaire to the Consu} of pany, has suffered in common with every passport and papers to his own use and had to have a certifiente from the proper Mexied. On these facts it means that other business connected with the shipping | had " deprived him of them. Plaintiff department that he was not a labenter, this Consul is out for bribery and to trade, but I sentare to think you will claimed 1,000 damages for delinge, or. There were thousands of cases, and from thing else.

The Puisue Judge (to witness): It consider the result before your satisfactory alternatively, as damages for wrongful the very beginning the rule was made. in the circumstances." There, remaing to giversion...

that no candidate could he interviewed sonus pecuniary inducement had been

offered you, would you have taken it t deal with this occasion approximately Mr. 3. K. Los presented plaintiff and in the presence of a solicitar.

-Witness: No." half the sum there was last year, and the defenes was conducted by Mr. H. C. have no doubt the islocation recommended Macarmara. will meet with your approval. --

Steeks, property and investments have as usual bis taken into the balance sheet 'at consiivative values, ami you will note -« profit of $3,793.94 renfised from the sale

of some of your securities,”

Beverinta as

-The adoption of the report and accounts was secondled by Mr. MURDOCH and car ried thanimusly,

The waly other business before the mert ing was the election of an auditor for the nuing year and dealing with this Mr. SHINER said: Seving that Mr. C: Beruar Brown, A.C.A.. is a jarter in the firm of Messrs. Linstead and Davis, I beg to jropes, that for the ensuing year Mesars Linsterd and Davis be elected asditors a remuneration of $360.

Mr. Lo contended that had plaintiff heen given back his passport he could

„Mr Macnamara: The whole thing. I

In opening the eave for the prosect have taken it to Canton or Shanghai and may say, has been intentionally contased tion," Mr. Le stated that plaintiff came the Mexican Consul at either of those by the cross-examination, (To the wit to his Grm and wanted them to make places might have taken a very different): Want was it that first aroused your suspicions as to the haun får, of enquires on his beha'f with jiho Mexican view of the position,

this man's cuse?.. Consul, with regard to a passport which

i

to deal with the matter%

Witness: In the first pine is no a custom for a max. to come with a xolicitèr to' inquire about his pa porţ,"

After tiffin. Mr. Macnamara begin to address the Court when His Honour

IF MR. LO WERE CONSUL ho wanted' ised for his wife, Plaintif

His Honour. put it to M. Lo that he There are no further items enlling for been in business in Mexico for a

& Consul and aug special reference and 1 now beg to number of years and was also a fandust assume that he was

someone brought a passport to him for propose the adoption of the report nudhalder there. His business intercats cau

circulated. When this has pelled him to return, and he wanted his visa, It might seem to him that the born seconded. I shall he pleasril to answer wife to go back with him. Plaintif had! Passport was irregular. Supposing the intimated that he had no desire to bear him as both as regards facts und law ho to the best of my ability noy questions not the slightest suspicion or doubt that applicant asked for the passport to be Mr. given back to him, thinking that he might he would be allowed to return.

was entirely with him. that may be asked.

Mr Lothen arose to "address the. Le's brither, an articles clerk, went to find some other Consu! who would not see see the Consul. The Mexican Consul the irregularities, would not Mr. Lo feel appeared to have got in a great rage compelled to impound the passport and Court. He craved His Honours in

than was necessary, but he found that directly he saw his (3. Lo's) brother refer it to the issuing office and ask them sence if he repeated himself mare often take plaintiff there. The Conail's point Mr. Lo replied that he wou'd not, if it was culy with the greatest difficulty was that if plaintiff wanted to make the passport had been left with him in that he restrained himself with regard enquires, why should he have taken a trust for the position to be locked into to the case and especially in view of third person?

He would give it back to the applicant the defendant's demeanour and attitude and tell him that it was no tan to him, throughout. Fie contended that all He would wire to the State Department writers on international law agreed that and they would wire to all the Consuls Consuls enjoyed privileges beyond those telling them to have nothing to do with of other people. The law was absolutely clear that the Consul had no right to issue passports and. that his right to ris His Honour thought there might be passports had only arisen as a matter of convention and convenience." A A Consil Mr Lo thought the proper thing for some danger in that proceeding. the Consul to have done would have been His Hencur took it that what plaintiff mercial agent for his country,

was nothing more or less than a com

*One to informe solicitors in Hongkong. It seemed to him unnecessarily rude and really wanted was to get to Mexico as did not find many Consuls of the type inconsistent with the courtesy which one soon as possible. He suggested that the of Zuckermann who I had the privilege would expect from a foreign representa parties might come together and perhaps of cross examining before your Lordship."

that there are tive in the Colony,

the Consul would be good enough to cable The fact

not many. us is the his State Department. A ray might Zuckermanus inflicted upon be received that plaintiff was well-known reason why you do not find these cases. and everything would be all right. cropping up more frequently. Does Mr. Lo contended that a public service your Lordship seriously think that, if spoke, with plaintiff in Mexican and then would be done if the Consuls in Hong this man had conducted himself with this turned round to his (Mr. Lo's) brother kong were not allowed to do as they slightest courtesy and reasonableness that and told him that he understood that liked and if it were made clear they this case would have been brought to plaintiff was farmer. By a law passed were amenable to the laws of the Colony, Court Certainly not." this year, he said, no farmer could be Mr. Lo quoted authorities in support of

Hix Honour mentioned, that he had known fery worthy gentlemen who pre ferial to deal diretly with each other, without an intermediars. He remember The proposal was secondled by Mr. SALVA ad a Commissioner of Customs in Hong and carried unanimously.

kosome years ago who flew into L This was of the business before the violent rage whenever approached by a meeting.

lawyer..

FIGHT WITH BANDITS. JAPANESE POLICE KILL SIX IN MANCHURIA.

The Manchuria Daily News of Dairen gives the following account of a fight between the police and brigands in the leased territory of Kwanting, Manchuria, resulting in the killing of six of the former and of one Chinese policeman on the Japanese akle -

DIFFICULTIES REGARDING PROOF of MARRIAGE Continuing, Mr. Lo said the Consul

it.

BIS HONDURASTOGESTS, A. WAY OUT.

THE CASE FOR THE DEFEN

Mr. Macroanara mail the Mexican

Continuing, Mr. Lo said if there was

a man whom his Lordship could stamp

About 4 on the morning of June 16th, a land of eight brigands appeared at granted a passport. Mr. Lo's brother, ex his argoment. Yang hufang, about five miles west of plained that plaintiff find a passport, and

as a shifty witness it was the defendant. Pitzwo on the Pulantien Road.

He gave about three different answers. The the only question was whether his wife"] Pitzuwo police got stir, and Sergeant could have one. The Consul, then raised

to him. He bedged round and beat Takayama, in charge of the Branch Police difficulties with regard to formal proof Consy! had direct orders from his own to practically very question I put Offes, took personal direction of a party of marriage.. He said he would keep Government to impound all doubtful pass the bush al did not give an honest, of :n men, reinforced by a troop of plaintiff's passport and enquire into the ports. This passport was granted to answer to any question I put to him on woldiers

mus who, the Consul had reasonable mattere of importance and relevancy, " under a sub-lieutenant. On matter and see if he could issue a pass-

"Some of the latest cross-examination. In the end, grounds for thinking, belonged to that! arrival at the scene, the punitive force port for plaintiff's wife. were greeted with volleys of rifle fire plaintiff said he was anxious to go back class which by Mexican law was exclud your Lordship will agree with me, show- through the apertures made in the wall to his business, and he said he would ed from going to Mexico. The evidenced the state of the Consul's mind. Ha He asked Messrs. in support was furnished by a direct an refused to send back this document and of a farm house, in which the bandits go, without his wife, had entrenched themselves. The first was Lo & Lo to get his passport. back ferwer given, by plaintiff in the presence confidently say that he did that out of warmly returned, and the fight lasted him. On June 6th, Mr. Lo's brother and of the Mexican Consul to his interpreter, pure enssedness." about 2 hours till 4.10 p.m. Six of the plaintiff called again at

Continuing Mr. Lo said that he had the Mexican and was borne out by his own declaration brigals were kills, while the renin Consulate, and asked for the return of which he produced to the Consul in sup no razonable ground for believing any- thing else but what the plaintiff had ing two maanged to get away, wounded. the passport. The Consul told Mr. Lo's port of his application. On the Japanese side, a Chinese police brother that the passport was useless. THE CONSUL IN THE WITNESS-HOX- stated, whilst on the other hand be bad man was killed and 5 Japanese were unless he would visa it, and that he coull

Mr. Zuckeriuann then went into the no hesitation in saying that in all his wounded. Polierman Kasuga wis wound not visa it unless they could prove that witness-box and clained that he had Lordship's judicial, experience he Ead. ed most seriously.

plaintiff hul a business in Mexico.

perfect right to detain and retain any ever come across a man, occupying a Plaintiff went to the country and document belonging to the Mexican position as the defendant did, who had fetched his partnership books, Mr. Lo Government until he found out if it was behaved more disgracefully than this man procended, and then he and Mr. Lo's legal. He sent the plaintiff's passport to had done to the plaintiff. His condust brother, about. June 12th, again went the Mexico State Department on June throughout was nothing more than might to see the Cansu After reading the 18th in accordance with his instruc be expected of the late Czar of Bussin- if the stories related were to be taken as partnership, books, the Consul said they tions.

by Mr. Lo, Mr. true. He had the greatest respect for would have to be legalised. Messrs. La cross-examined

A physician and a sergeant with a man were dispatched from Dufren to the serne by the night express.

One of the Chinese dead has been half identified as no less a desperado, than Tang Tru Ming, the notorious chieftain of the band of outlaws that have her terrorising the country.

GRAPHIC ACCOUNT OF THE FIGHT.

& Lo thought that what the Cousal meant Zuckermann said his instructions were the English law but Prussianism could was that they would have to be verified. State papers and he refused to produce not be allowed in Hongkong or any They had a statutory declaration mundo them. I the man had brought any docu- British Colony. This case was not only Later reports say that the Chinese by plaintiff, and Mr. Lo's brother wentment in Spanish to prove his buna files of importance to the plaintiff, but to. furin-hour, in which, the bandits lay con- to see the Consul again. Notwithstand there would have been no trouble. The many Chinese who might now be in coled was enveloped by the expedition, ing the declaration, the Consul said the only irregularity about the passport was Mexico and wished to return to their The bandits lookout on the top of the partnership books had not been legalised. that it was issued to a man whom he own country. They were more or less at farm-house failed to notice the operations Mr. Lo's brother. sent for plaintiff and believed to be a labourer and who, as the mercy of insufferable men like the

·Hongkong. of the expedition. The besiegers present again they went to the Mexican Consu- sach, was not alowed to go to Mexico, Mexican Consul ly opened fire. The brigands rushed out late,"

Mr. Lo naked his Lordship if in his The Consul questioned plaintiff Anyone going to Mexico must prove ba of the house, and reade as if to run away, through an interpreter. He said he vond a doubt that he was not a labourer written judgment he would comment on the Cousul's conduct before giving his. but were intercepted by a detail of police. would consider the matter and would and this the plaintiff had not dose.

Just as Mr. Lo's brother and They hird indoors, and, by baring holes write.

Later on, the Consul said it was not decision on the law. This was the first through the walls, started firing, which plaintiff were leaving, the clerk shouted his chligation to tell applicants what to ease of its kind which had been brought

before his Lordship in Mr. Lo's limited- Mr. do. was hotly naswered. The inmates resist to plaintiff und, caled him back.

erament document

T

come.

in

Mr. Lo replied that he could not give an undertaking on that matter as he would have to seek advice on that, but if so advised he would want to take the. matter further.

ed stubbornly Thereupon a party of the Lo's brother followed and asked if any Air, Lo: Is not one of your obliga-experience and as it was a case of greate police climbed on the roof of the farm-questions might be put in his presence. tions to tell applicants who may want importance he felt sure that any co- house and set fire thereto with some The Consul turned to his clerk and re-their pussports visned what the requirements by his Lordship would be wo burning kaoliang stalks. The brigands marked in English, "You see that is the ments are before you, visne them?

His Honour remarked that he had attempted to flee by the rear door. In trouble. There was no further conver Withusa I could have done so if I

three written judgments on hand at the the pursuit, four of the brigands were sation and Mr. Lo's brother and plaintiff had wanted to,

moment, hut added that he would be pre- shot dead. Two others engaged in single eft.

Mr. Lo Why didn't you then? combat with Sergeant Takayama, in com Mr. Lo gave a resume of the correspond Witness: That's my busincepared to give one if it was Mr. Lo's mand of the expedition, and another ence between Messrs. L. & Lo and the Mr. Lo: Do you claim the right to with His Lordship asked if it was Mr. officer. The outlaws 'took refuge in the Mexican Consul, and aid that the last retain and detain the passport on the Lo's intention to carry the inutter

latter received from the Consul was the ground that it belongs not to the plaintiff further: closet, and were also killed.

In the meantime, the fire destroyed the rudest he had ever had in his life. The out to the Mexican Government farm house and a Lerghbour's. From the Consul in this letter, stated that the Witness: Yes. It is a Mexican Goy debris, the chatred remains of a man passport had been sent to Mexico, were recovered. On the body was found His, Honour thought if & Consul found

NOT A LOVE LETTER." brown cap and gold wrist watch und irregularities in a passport he was

Discussing a letter to wrote in reply His Honour: Yes, I fully appreciate rosary such as carried by a Buddhist entitled to impound it. priest. It ware, clothes of black satin. Mr. Lo submitted that if the Consul to one from Mr. Lo the Consul remark your position. These descriptions answered those geier had supposed that the passport was ed: This is a Government letter-not His Honour went on to enquire why the plaintiff had not appealed to tho ally accepted for the chieftain of the irregular, he could have written and said a love letter."

Mr. Lo: I do not know how the Chinese Diplomatic representative in entire gang, named Tang Tzu Miog. so, and that he was unable to return it. Although the features of the face were As far as plaintiff koew, there was no Mexican Consul makes love, but I should Mexico, to which Mr. Lo replied that the badly burnt beyond recognition, the thing irregular.

not like to be the lady Hongkong, Consul would no doubt have villagers did not hesitate to identify the The point was argued at mo, length Proceding with his cross-examination the ear of the Mexican Government o remains as those of the dreaded arch and Mr. Lo proceeded with his opening. Mr. Loved to the witness; I suggest that it might possibly be chucking good bandit, confirming the identity "by the Mr. Lo said he called the actions of to you that all this would never have oney after bad." Falen teeth. Y

the Consul in this case nothing more or happened at all If you could have got His Honour remarked that it migh

private be as well for him to give a considered ye The police claim, from the recent ex-losa than tyrannical. He might expect hold of the plaintiff and bad

judgment so as to comply with Mr. Lo's perieners, that, in addition to rifles, ther it from the Czar, but not in Hongkong. interview with him "difoct

Mr. Machamars: I object. Mr. Lo is request, but he could not promise this should be armed also with grenades and Mr Lo had great respect for the English mountain guns, which might be, brought law and he asked his Honour to say if the plainly, insinuating that he would have for a few days.

granted a visas if he had been bribod. The Court then rose, to play with more telling effect,

English law, would allow it.