1923-12-22 — Page 4

JOHN (L

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CANTON CUSTOMS QUESTION to prevent this Governmost from receiv- CARETAKER OR SUB TENANT

"IF THE ORDER IS NOT OBEYED??

THE LATEST PUBLIC STATEMENT "DY ́DA, SUN,

We have been officially furnished by Dr. Sun Yat Sen's Government with the following statement on the situation ----.

The Chinese Maritime Customs is a Chinese Government Service, and its receipts form part of the national re- venues of China. These Customs receipts are pledged for the service of the puni- tive indenuities rosessed under the Boxer Protocol and other foreign obligations, after payment of which the balance se maining is known as the "Customs Surplus."

W

EUROPEAN SUED.

R. A. Clark, a clerk in the Royal Naval

ing its share of the Customs Surplus. But the Foreign Powers are not justified to assemble (as they are now doing) their ships of war in Canton harbour in order to protect, nominally, a disputable right Yard, was cited as the second defendant ut practically to assist the Peking Gov in a case beard at the Summary Court, ernment to impose its will on this Gov.

yesterday morning, before His Honour the ernment.

Puisne Judge Mr. Justier Gompertz). The case was one in which the plaintiff Chau Shum Sze of the Yat Wing Bank, Wing

-In these circumstances, the course of this Goverment is clear. As the Peking Government, being illegally con. stituted and nationally repudiated, is Customs Surplus funds, this Government not entitled, to appropriate or dispose of Lok Street, suelo Mr, W. Bolderson for has today issued an order to the Inspec-session of the first floor of No. 33, Nathan Road, Kown, some time a89 tor-General (a) to retain at Canton or other places to be designated all Customs On that occasion the plaintiff obtained this Government and, after providing RA. Clark, who claimed to be ab Parentes collected within the territory of judgment or possession and yesterday for a proportionate share of the funds

pay the same as may be ordered by this

tiff and Mr. F. G. Vaux represented the| defendant.

required for the service of the foreign tenant of Mr. Balderson's and who is now obligations charged on the Customs, to cecupying the Ant. was also sued for Government; and (b) to refund and possession and for $980, being rent duo make good all arrears of Customs Sur-by Mr. Bolderson,

Mr. M. M. Watson appeared for plain 2-In normal circumstances, the Cus-plus payable to the Government hera toms Surplus is payable to the Central since March, 1920. Government; and it was io paid to the 9. If this order be not obeyed, this Government at Peking until 1010, whed! Goverment will proceed to appoint, new) the Constitutionalist Government-which Customs officials who will recognize its! Mr. Watson said that he was claiming had been established in 1917 following authority and loyally assist and co-ope possession of the first floor of No. 3, the illegal dissolution of Parliament and rate in carrying on the public and Nathan Road, which was let to Mr. other treasonable nets at Peking suc routine work of Government here. cessfully asserted its claim to a share in this way the continuity of the Chinese the Surplus to the extent of 13.7 per cent. Maritime Customs Service will be pre of the whole?.

served; and any disorganisation thereof, in the circumstances, is only fikely if the Inspector General of Customs refuses to co-operate with this Government in the administrative work of the Customs within its territory.

|

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P. J. VANHECKE,

*Manager.

Bolderson. In this connection, he obtain- et judgment against Mr. Bolderson under the Rents Ordinance, on the ground that his rent was in arrears. The name of Mr" RUSSO-ASIATIC BANK. Clark Ead since been added in Chambera

CAPITAL (FULLY-TAID) as second defendant. He now claimed REEVE FUND

**

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BANKKEN.1.

-This share in the Customs Surplus was paid to the Constitutionalist Govern ment up to March 1920, when internal differences among the, imembers of the Government led to the. suspension of regular payment. Since then the Govern 10.This statement would not be com- that Mr. Clark was not a tenant but a CAPITAL CONTRIBUTED BY THE

CHINEST GOVERNMENT ment at Canton has repeatedly pressed plate unless two considerable points caretaker and that he was not protected RSSERTE FUND for the resumption of payment until fin- were emphasized, one legal and the other by the Rents Ordinance and, therefore, ally, on September 5th list, a memoran-moral in its implication. The first is dum on the subject was communicated to that foreign obligations, including the the tenancy of Mr. Bolderson having the Diplomatic Body at Peking, in which Boxer Indemnity, are security on the been determined that of Mr. Clark was this Government contended that the dis- recurs and not on the buildings and i farta determined with it. posal of the Customs Surplus was entirely other corporeal properties of the Chinese a matter of Chinese concern, heing out Maritime Customs officials in the ad- side the ambit of the competente of the Foreign Powers who were interested in the Customs revenues to the extent only in the case of the Customs Surplus of the foreign obligations charged there without any Treaty right to interfera on. The Diplomatic Body were therefore with such a routine net of administrarent in that month, and he remained in requested to instruct the Commission of tion And they are less entitled to inter arrears until judgment was obtained Bankers to hand over the Customs Surfere in view of the undoubted fact against him when they got an order for plus immediately to the Inspector General that the Customs revennes collected of Customs who would then be requested cutside the territory of this Government possession on the ground of non payment by this Government to divide it propor being more than ample, to the extent of of rent. Ou September 18th Mr. Clark tionately between Canton and Feking and to refund the Surplus accumulated since many millions, to meet all foreign obliga tonk possession of the fat from Mr.

of any change of Customs officials, bere Bolderson. He understood that Mr. SAX FRANCISCO: T

ま 4.Save for a hare telegraphic intimgaffecting or otherwise endangering the Vans was going to prove that Clark tion on September 28th, that this memo punctual service of all such foreign had bought the furniture from Bolderson randum was under the consideration of obligations.

March 1990.

ministrative and other buildings of the Customs here, the Foreign Powers are

tions, there is not the slightest prospect

Relating the facts, Mr. Watson said the fat was originally let to Mr. Holderson sometime ago, certainly before, June, because he was then in arrears with

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the Diplomatic Body no reply was vouch- 11-The other point is this. The and tha since he had taken possession-le Changchan Hankow Manchouli Tientala safed to this Government until the 3rd Foreign Powers are mainly interested in had paid the rent for the fat into Court Dairen instant-after nearly three months delay the revonpes of the Chinese Maritime for months of September, October and Hailar

when the Dislomatic Body cabled a

message staing that they had learned Customs to the extent and is, respect that this Government, without awaiting of their respective shares in the Boxer Normmber at 870 a month, paid at the ademnity. This Indemnity, it must be end of each month. Judgruent was given noted is the sole punitive or penal sum on November 17th- and briefly his (3. indicted on a defeated people which sur-

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a reply to the metterandum- of Septem her 5th, had threatened to take over temporarily the administration of the Chinese Maritime Cestopis at Cantou, vires from the pre-war period. Indeed, Watson's) case would be that on October nud informing this Government that the there is to treaty in force to-day which th his client received a letter from Mr. foreign representatives were not prepared imposex similar penalty even the to admit any interference, with the Chi Treaty of Versailles does not assess puni- Clark, stating that he was looking after. nese Maritime Customs and, in the event five bat reparatory indemities against the fat for Mr. Bolderson and that lo of any such attempt being ninde, thes Germany Farther, it must be pointed asked for some one to come and collect would take such forrible measures as they out that most of the Great Powers the rent. A shroff was sent round and might deem fit to meet the situation. Americs, Britain, France and Japan-are

5-On the 5th instant, this Govern only interested in the Boxer Indem Mr. Clark only offered rent for one meut replied that the Chinese laritime nity to the extent of seeing that their month instead of for four. The shroff Customs was first and last a Chinese respective shares are applied to various refused to accept it and so far as they were concerned this was all that happen Government Service and was subject, at purposes in the interests of China least with respect to the ports within its itself.

12-A brief reference in conclusion must ed. Clearly they were entitled to posses territory, to the orders of this Govern- ment. The reply went on to state that be made to the series of domestic loans ging. As paretaker, Mr. Clark was as its Customs revenues were remitted to mostly floated by the Peking authorities Peking and there used so as to release for purposes of either war against the responsible to Mr. Bolderson against whom plaintiffs had an order. Assuming. other revenues for the financing of one South or corruption and Bribery in con- military expedition after another against nection with sundry presidential elections even that Mr. Clark was a tenant hoofsay Tonnaga, Tassenger and/or Cargo, New it, this Government intended to order at Feking. In 1991, these loans were con- did not come under, the Rents Ordinance the Customs authorities to cease remit-solidated by the Peking Government and and therefore he was entitled to posses ting to Peking and retain the funds for charged on the Castors and Salt Srsion under Common Law. local use. It emphasized that no inter-pluses and the Wine and Tobacco Mr. RA Clark, a clerk in the Royal ference with the Customs was contem Revenues, the Inspector-General of Cas Naval Yard, was the only witness called. plated nor had there been any threat toms being placed in charge of the ser. He said that he went into the flat on the made to take over teumoracily the advice thereof. The Diplomatic Body, in 23rd September having learat from an ministration of the Chinese Maritime their reply of December, 11th, deal rather advertisement in the newspapers that the Customs at Cantos. It insisted that the summarily with these loans thas: fat was vacant. He then got in touch question was a purely Chinese internal the Corps Diplomatique are in no way wth Mr. Bolderson. In consequence of affair and consequently did not concern concerned with the service of these loans that he came to an agreement to take over the Foreign Powers. And it added that which was instituted without their having the flat and he purchased the furniturs as this Government had waited patiently been consulted." for three months a day for a reply, it seemed hardly reasonable for the Diplomatic Body to complain of preci- pitate action on the part of this Govern- ment who, however, in deference to the representations of the Diplomatic Body

An organisation in Hongkong which and as proof of the conciliatory spirit styles itself the Hongkong Chinese actuating it, would refrain taking a National Salvation Association.” definite action for another two weeks in order to await the decision of the Diplomatic Body,

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and fittings. He made enquiries if the ront was paid and he was informed that WORK the rent for September had not been paid

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and be obtained that month's rent from Mr. Bolderson and on October 10th it was tendered. When he was given the keys Mrs. Bolderson told him that her husband oved two months rent. Prior bas to this he did not know that the rent issued a circular in connection with the was in arrears. He denied that he was Canton Customs question urging the caretaker of Mr. Bolderson's although public to fight for the retention of the he admitted that a letter he wrote to

urplus by the Southern Government: the plaintiff was misleading. He claimed C. E. WARREN CO., LTD, oppose interference in China's domestic that he was a bona fide sub-tenant and affairs by the Foreign Powers, and boy he would not have taken over the flat cott foreign goods.

under sny other conditions. Ho under stood. Mr. Boldson had left the Colony and, as far as he knew, he had not re- OFFICES

THE LETZER

The following is fran a [nters? magazines

'.

SANITARY ENGINEERS, MONUMENTALISTS; &o.

98A, Wanchai Road

HONGKONG.

turned.

Mr. Watson submitted that Mr. Chark UODOWNS. was only a caretaker and that the land-

Taz. No. 209. lord was clearly entitled to possession of the premises as there were several months rent due. The landlord could not in this JUST RECEIVED. A New Stock of LOWDOWN FLUSH CLOSETS. case even claim distress, ne the furniture

Nickel Plated, on Brass. BATH Mr. Clark. "

Soap

and been gold to seems to me that

Bolderson has scored off both parties.

Mr. Watson: I-am prepared to subunit that Bolderson scored off us in particular

GOn the 14th instant, this Govern, ment received a considered roply from the Diplomatic Body who cabled it, from Peking under date of the 11th inst. The reply states that the Signatory Powers Circulars of this kind have b been freely of the Final Protocol of September 7th, distributed in the Colony during the past 1001 derive from the Protocol the right few days. to ensure priority of payment of interest and amortization of certain foreign loans secured on the Customs revenues previous to 1901 and of payment of in- terest and amoritzation of indemnity) mentioned in Article 6 thereof, but no trenty right has been conferred upon them to decide for what purpose the The opinion has been advanced that the Chinese Government shall use funds letterell is the most unfortunate loiter which at the end of each year shallors in the Englids, alplubok - because it is main at the disposal of that Government always out of cash, forever, in disht, never after service of the said loans and indem out of anger, and in he'l all the time, with the connivance of Mr. Clark.- nity shall have been en

entirely provided It is fortunate in that it is never in war His Lordship: You do not allege fot. M

w and always in peace... It is the beginning that, surely There is nothing to prove 7-This is an explicit confirmation of of existence, the commencement of case it.

At the contention which this Government has and the end of trouble Without it Mr. Watson said he was quite throughout insisted upon, and it com- there would be no meat, no iife, and no parod to withdraw that statement. pletely dissipates any doubt ne to the heaven. It is the centre of honesty and His Lordship asked how long Mr. Clark validity and propriety; of the action takes love perfect. It also starts off in had still to remain in the Colony and which this Government has hitherto taken error and printing, publishing, type the reply was that there was no ngrte- in the matter of the Customs Surplus graphy, and lithography can get along ment and that he might be here for an- This Government holds and the Diplo without it, although it is necessary in other two years lat matle Body specifically admit that the electro-typing, engraving, and tepefound Mr. Watson. And the Rents Ordinanco disposal of the Customs Surplus is ing. It is the beginning and the end of might last for two years, matter with which the Foreign Powers editorial existence. have no treaty right to interfere; and, MED therefore when this Government claims

Ce

Mr. Vaux's contention was that his client was protected by the Rents Ordin ance and pointed out the landlord would,

*

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“NOTICE OF REMOVAL

its share of the Surplus it bas to deal Six Robert Millikan, of Paradent, have had no rent at all had his client with the rival Government at Peking California, who has been awarded the not paid it into Court. He left the farts and the Inspector General of Customs Nobel Prize for Physics, is claimed to be of the case in his Lordship's hands. and with them alone. The Peking Gov- the first scientist to isolate and measure His Lordship reserved judgment tinel Correspondence should be directed. erament may send ita armed forces here the electron.

die

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"Hongkong, 18th July, 19735