1924-11-07 — Page 4

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WHITEAWAY, LAIDLAW & CO.,

HONGKONG.

LTD.,

HUNTING BIG GAME

IN CHINA,

MR. A. DE C. SOWERBY'S

EXPERIENCES.”

THE SHAMEEN DISPUTE.

SIR JAMES JAMIESON'S

EXPLANATION.

Mr. Arthur de C. Sowerby lectured on "Big game and other Hunting" before the China Society of Science and Arispute was explained on October 30th by at the Royal Asiatic Society at Shang Sir James Jamieson, H.M. Consul at hai last week. Dr. H. Chatley presided. Canton, when proceedings were continued in the Supreme Court of Shanghai before his Honour Judge Sir Skinner Turner.

AN ARTIFICIAL PERSON, ·

THE PROPOSED BRANCH..

[i

BANK OF EAST ASIAS DENIAL OF OPIUM. ALLEGATION..

เท

· MH, POTTER. ON; ** GOOD. POLICY BUT

UNBOUND-LAR.!:

When the case of the Bank of East Asia.

Continuing, Sir James said he heard no more about the matter until January last, when he received a letter from the Bank's The position taken up by the British legal advisers in Hongkong intimating Government on the question of nation that they desired to acquire certain pro- ality involved in the Shameen land disperty on, Sharmeen for the purpose of. Sir James Jamieson, was resumed on opening a banking business and asking if October 31st in the Supreme Court there was any objection against this. It Shanghai, Mr.. Eldon Potter, counsel: for was afterwards explained to a legal re- plaintiffs,, made reference to a statement. Mr. Sowerby discussed China as 2

presentative that the so-called directors made by Sir James Jamieson in the curso game country. He said that China had

of the bank, although they were describ- of his evidence on Thursday. The state- always been known as such, especially

ed as British subjects, were not, so far ment was that the plaintiff. Bank was in connection with small game, phea-

Continuing his argument, Mr. Wilkinson as witness was concerned, British subjects concerned in the opium traffic, and on be sants, ducks, suipe, and the like.

said it had never been contemplated that" in China," and thus could not be given half of the Bank counsel categorically The country was less well known for

a Crown lease should be granted to ap recognition in China. It was further ex-denied this.

His Lordship said he regretted that ite big game animals, which, however, plicants such as the plaintiff company, plained that they were debarred by the were plentiful, varied and extremely in which was "an artificial person of double terms of the Crown lease from owning the statement complained, of had been. teresting. The chief game areas are, for big game, the highlands of Central nationality." If transfer of the lease was land in Shameen. In a further applica-reported in the newspapers, as there was- and West Chian, running up to 12,000 to sanctioned, there would be thrown, upon tion, four names were sübmitted as being no suggestion in the pleadings or else 15,000 feet, the big mountains and forests the Consul-General the responsibility of the names of directors against whom where that the Bank. was not condusted. of West and North Snanai, the Tung

as against the there was likely to be no objection, but in all respects as a perfectly proper bank- Ling area in Northeast Chibli, often protecting the bank known as the Imperial Hunting Grounds. Chinese authorities across the creek, witness certainly did abject to the pro- ing business.. the Manchurian Forests, and the muuu-protecting the staff of the bank and its perty being registered in their names. tains of Southeast China

The Foreign Ofee instructions upon Counsel then proceeded with his final. In regard to small game, pheasants securities. If the bank did obtain and were formeris abundant in the Yangtze assume possession of part of the Crown which the refusal to register was based arguments in support of plaintiff's case, Yalley, which was a wonderful reserve.

lands and Concession of Shameen there were first put on record in 1998 and were and his address occupied the greater part It was now shot out. At the present day pheasants were Fumerous in Shansi, would be conferred upon it a status reiterated from time to time. Another of the day. He contended that the rights- Sheusi, Kansu. Hupeb Szechuan, well which might lead to awkward conse application for registration was made by of the Crown would be wholly unaffected! away from the reach a colil-storage exquences; complications would surely plaintifs, and when this was refused, they by, the transfer asked for and that, there ploiters of game. The Yangtze Valley

still good for wild fowl, such as ensue in the case of a company which said they would be compelled to take fore, the procedure taken against the ducks, geese, eripe, while in the forests was British in Hongkong, was not recog tegal proceedings to enforce their rights. Consul-General to compel him: to carry of Manchuria much good shooting is to nized as British.at Shameen, and had the Witness replied regretting that he was out a statutory duty was the correct

The lecturer's descriptions of the coun- further disadvantage of double nation-unable to reconsider bis decision. try were illustrated with beautiful slides of scenes taken by himself in the wilds. YARIETIES OF BIG CANT

was

be had.

THE BRAMEEN STRIKE.

i

RIGUTS OF THE CROWN..

procedure.. In Hongkong, tenant, after ality. The action of the defendants as

tenant went on and off the register, but Consular officers was quite consistent The island of Shameen, Sir James the Crown did not know and did not care,. Was not 11 thoroughfare- | because its rights were adequately, prom with the instructions they had had since continued,

a number of large carnivores, which can as British subjects by their own author: be included in the category of big game-ities, and the British consular authorities These are tigers; leopards, bears, wolves,

Some of the lecturer's experiences with were, therefore, unable to protect them. these animals, he said, "were hair- raising..

"

In discussing the various kinds of big game, Mr. Sowerby said that there were 1898, and consistent with their duty as Originally, only people who had business tected: Insisting that the transfer of the from 90 to 30 different kinds of hoofed local agents to carry out the wording of there or occasion to visit people who release to a. proper assignee was a duty." animals including wapiti, spotted deer (Sika), ro deer, river deer, muntiacs, the Crown lease. The transfer was re-sided in Sharmeen were allowed to come imposed upon the defendants. by, statute,., « musk deer, ssu pu hsiang (extinct), big fused on instructions, and also, because of on the island, but in course of time this counsel pbserved that the defendant's an- hora sheep, blue sheep, gorals, serows, the fact that while the directors of the rule was departed from, and the numberswer to this contention was an extra takins, goitred gazelle. Mongolian

gazelle, Paczalskis gazelle and wild pig., Be des bank and the majority of its shareholders of Chinese coming in became so great an ordinary one. They said, that the Consul- cribed several personal experiences ip were undoubtedly British in Hongkong, impediment to the good -government of General, could refuse to register. any, title hunting these animals.

Resides these hoofed animals, there are they were not on the mainland recognized the island that restrictions bad to be he liked and that no one could: have a That was enforced: hence, the Shameen strike of title except by bis consent. last summer.

what their arugment amounted to, "and if Asked if the presence on the island of this was the law it struck a blow, and Evidence was then called, Mr. W. S.Chinese who could not be protected would a. verg; strong blow, at the stability of Cruickshank, assistant surveyor in H.M. add to the difficulties of the situation, land: titles in every concession from Can- Office of Works, formally proving the Sir James replied: Very considerably tonito. Tientsin. For all they knew, there Shameer Crown leases of 1981 and 1898; No purely Chinese institution, no assomight be a majority of Chinese share- sad adding that leases not renewed ciation of Chinese, can at the present holders in all the large Hongkong com- reverted to the Government Such

day dissociate itself from politics, and manies, bearing in mind that the popula reversions would be very valuable. in the course of the various political dis- tion of Hongkong was composed mainly turbances that arise one can never be of Chinese and included, many wealthy Sir Jaines Jamieson, H.M. Consul sure which particular party may want to. Chinese business men, and if; this proved General at Canton, was then called. He persecute another particular party, and to be so, the position of such companies stated that he was Erst approached in

at no time can one be certain what steps, was hopeless; they stood, to lose every 1992 on behalf of the Bank of East Asia,

a man's enemies may take to arrest him or assassinate him; and were Chinese, or bit of property they had, in these con- Ltd., with regard to their holding pro- British subjects of Chinese descent. to. cessions. Their property, would be liable perty

Shameen, and the reside on the island there would be dan

to forfeiture if, as defraduats contended, by Chow Shou Hon.

member ger of attempts being made against them. So, a

on political grounds, and thus the gov. British Coripany in Hongkong became ernment would be hampered and the in-something sise when it got to Shameen. habitants involved in trouble.

Enumerating the kinds of small game. Mr. Sowerby told of his own and other people's experiences in shooting phea sants, partridges, quails, bustard, geese, ducks, grouse, pigeons, doves, waders

and bares.

He spoke of the enemies of game in the country, many of which were, he said, to be classed in the category of smaller fur bearing animals. Such were the wild cats, civets, foxes, wild dogs, raccoon dogs, otter, hadgers, mink, marten and

erm ne

Other enemies were predacious birds, such as eagles, owls, and hawks, while snakes did a good deal of damage to eggs and young, birds

BRITISH PROTECTION BOUGHT.

on

Mr. Sowerby thought it not unwarrant able to include fishing in his lecture, and passed a few remarks on this interesting of the Hongkong Legislative Council. subject. He mentioned briefly the kinds The

latter saių that ho had of Esh in the country and where obtain

I

OPEN TO OBJECTION.

The position would be "intolerable. It was a proposition of most- doubtful char- Counsel: Do you think the presence acter to suggest that the land regulationa mean for the purpose of business would imposed no duty upon, the Consul except of this bank, as now constituted, on Sha-

be open to objection

that of keeping the land. register-—a book

able. Trout, salmon, pike, hass, carp and large interest in the can, of which catfish were the chief kinds. Serpent he was president or managing partner. heads might also be taken, as well as Owing to the disturbances in Canton, the cels and other less sporting species. Sen

directors wished to know whether they fishing has hardly been tried out.

In conclusion the lecturer discussed could get protection by establishing them- Witness: Yes, have reason to think hunting for natural history specimens, his own speciality. He gave details of selees in Canton under British protection. so, because the nature of the bank a bus in which he might or might not make an ness differs from that of other banks, entry. The suggestion that the Consul trapping

by foreign collectors with for. Witness pointed out that, under the pre- such is the Hongkong and Shanghai could register anybody or not, as ho eign traps, and by natives who have

sent state of things obtaining in China Bank, the Chartered Bank, the Inter- pleased, was absolutely new thing. numerous methods.

The various kinds of heasta taker, were Chinese authorities

and in view of the attitude the local national Bank, or any other purely for-

were taking up eign bank. They do a purely Chinese Counsel wondered also where the defend mainly rata, squirrels, shrews, roles, bats and pangolin. Birds were extremes à vis of persons of Chinese descent, business and their clients are purely

CEYLON'S NEW COUNCIL.

2

ly abundant in this country and kept the he could not effectively ghe protection. Chinese, and if I am correctly informed ants got the suggestion from that nobody naturalist very busy.

He further pointed out that even if he they are associated with the opium could get a transfer except by approval of his Majesty's Government. It was not did say be would give protection, he trade. would always be liable to be called upon Mr. Potter objected to this statement, in the Crown lease and it was not in the " by Chinese officials, the moment it be observing that the Bank was run on en- land regulations; and no answer had been came known protection was being given, tirely the same lines as the Hongkong

given to the vitally important question: to explain why be assumed jurisdiction Bank over & Chinese, or a person of Chinese Witness repeated, that he had every whence, do you get the power which renson to believe, his information was goes direct to the stability of a title I mentioned to him," Sir James con correct. tinued, "the case of a British subject of [This allegation was strongly repudiated and of which there is not the slightest. Chinese descent with which I had had on behalf of the Bank of East Asia in indication in the grant made by the to deal a year before. This individual a letter we published yesterday.-ED. Crown to the lessee? It would ba came within the category of persons H.D.P.

beneath the dignity of the Sovereign to

The Ceylon Userrer, of Uctober 15th, Mays:-

The opening of the reformed Legisla tive Council, to-day, marka a new epoch in the governmeet of the island. The in- evitable recognition of the first principles of responsible Government has won for the people the power of managing the

race,

whom the British Government, through His Lordship: With regard to the

country's affairs in what they believe to. instructions given to me, were prepared attitude of the Chinese towards the adopt such an argument, because it would men the Crown giving with one hand be the manner most conducive to their to accept in China as British subjects: nationality of such individuals as you and taking away with the other. best interests. The Legislative Council, that is to say, his grandfather was a have mentioned, do you refer to the for the first time in its history, has British subject, his father was a British Peking Government or the Canton Gov- ANOTHER ALARMING PROPOSITION. clear cleeted unofficial majority." Follow.

be

Counsel emphasized the insecurity of

This individual Witness: The Canton Government. title which would follow upon such an

the example of most representative subject, and he himself was a natural- erument 1 katherings, the Count burn British subject. President of its own choice,, who shall was arrested by the Chinese authorities In the correspondence I have had with amazing construction being put upon the them they say that is the law of China. land regulations, especially in the matter preside over its deliberations in the ab and was on the point of being shot.

Governor. sence of the

The country's endeavoured to get in touch with him the Mr. W. Stark Toller, Vice-Consal in of mortgages, and went on to argue that aspirations have, in

ve in a large mosaure, mately I succeeded in doing so. I claim-chargo vodene Land Once at Changholt if persons claimingin transfer were proper gave as to the registration of assignees, the Consul must register theme been satisfied. however,

for those who bay at the mooned that he should be surrendered to be, the plaintiff Bank, saying that of the 10 He had no discretion in the matter. to imagine that an unofficial majority which surrender was refused. A long directors named, three were shown as The Consul could not have been given will bring it within their grasp. We correspondence ensued between myself being British, while the nationality of the despotic power he was said to possess need construction for the present, not and the Chinese authorities concerned, the other seven was not mentioned. With without a word being said about it in. destruction of any sort. The path of the and they claimed their full right to jurisregard to land in the International Settle the regulations. Another alarming pro- new Council seems strewn with great pos diction over this individual. My contenment registered in the Bank's name, wit position put forward by the defence was sibilities. Whether they will be achieved tion that, according to international law, ness pointed out that at present land that instructions from a Minister were will depend mainly on the members elec- this individual was a British subject was transfers could be made at the Consulate final and could not be questioned in that ted by the people.

rejected with contempt. In order to to persons of any nationality.

Court. Against this he contended than avoid his being shot out of hand by the Mr. Potter reminded his Lordship that no Minister could cancel the performance military authorities, this man was landed had never been challenged that at the of a statutory duty or deprive a subject at the Bridge near the British Concession time this property in Shamcea was pur of his right to have the duty performed and I was informed that I had better chased, eight of the 10 directors were As to the question whether or not plain- get him away as quickly as possible, Hongkong Chinese.

tiffa were proper assignees, Counsel Irid which I did. But it still remains on re Mr. Li Tae Fong, managing-director of stress on the fact that the Court had full cord that the Chinese did not abandon the Bank, was re-called and questioned jurisdiction over the bank and, if nupli- their claim. I pointed out to Mr. Chow with regard to membership of the Chin-cation were ever made, had power to Shou Son that, in view of the Chinese cao Bankers' Association. He produced order its being wound up. attitude towards a person who, there minutes of the Association's meetings Mr. Potter went on to say that he fully. could not be the slightest doubt, was & showing that the rule requiring that the appreciated the reasons put forward by British subject, it would be useless for capital of member banks must be entirely Hir James Jamieson for not effecting the him to ask me to protect him. With Chinese capital had been amended to ad transfer of this land, but they were rea the best will in the world I would be mit foreign capital. ·

sons apart from the law altogether. I Mary Pickford in " Mary Ain't Guilty," unable to do so. Mr. Chow said he was In answer to Mr. Wilkinson, witness might be good policy for him not to re which is showing at the World Theatre, very sorry. He himself was a person of said that the Bank of East Asia had cognize." the plaintiff Company ponding has been drawing large attendances dur the same description, his grandfather and applied for membership of the Foreign settlement of the dispute between the ing the last two days. It is a story of father having lived in Hongkong, and he Bankers Association and admission had British and Chinose governments, but it youth, love and mirth that sparkles with himself being a natural-born British sub- been refused. He was unable to say why was absolutely unsound law. W wit and humour. It is a picture of com-ject, and ire pressed me to see what I the application was refused,

His Lordship thanked counsel for the pelling interest which keeps, the eyen could, do for him. I regretted my in- Counsel proceeded with their closing able manner in which the case had been

ment.

CINEMA NOTES.

QUEEN'S THEATRE-

Jatest Dorothy Gish's

Paramount comedy The Ghost in the Garret which was shown for the first time in Hongkong at the Queen's Theatre last night is a comedy of spooks and laughs mixed to suit every taste. It is well worth seeing.

.. WORLD THEATRE

14

fixed on the screen. It will be shown for ability once more, and the conversation argument on points of law, and the hearset before the Court, and reserved judge. the last time to-morrow and cinema-goers ended."

ing was again adjourned.

are advised not to miss it.

"