1927-03-15 — Page 4

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LOCAL GUILD'S AFFAIRS.

HELD TO BE AN ILLEGAL

SOCIETY.

RESTRAINT OF TRADE RULES,

JUDGMENT GIVEN IN RECENT SUMMARY COURT ACTION.

E

키

SHIP'S OFFICERS AT

VARIANCE.

CAPTAIN'S ACCUSATION

AGAINST CHIEF

OFFICER.

DEFENDANT ENTIRELY

EXONERATED.

The Rules Considered. There were eleven rules alto- gether. The Arst dealt with the terms of admission to membership; the second directed the acquiesosnes of members in all duly authorised acts of the Guild; the third exhort- ed its members to mutual support; the fourth provided for a aub scription by each member to qualify for A funeral benefit; the fifth classified members into two grades... foramen and workmen in which foremen only might dertake MASTER OF KWONG FOOK trade contracts; the sixth pro- CHEONG REPRIMANDED, hibited any member from continu- At the Summiary Court yeater-

ing an uncompleted contract made

The Marine Court' at the Harbour day Mr. Justice J. K... Wood gave by another member in respect of judgment in the case recently before which a dispute might have arisen Office yesterday morning was crowd- the court concerning the affairs of and be still unsettled; the seventh with officers from the coastal prescribed deductions from the vessels ia harbour when enquiry the Hong Yee, Tong (a Hong Kong earnings of members for the funds was made into a charge of miscan- Masons' Guild). It will be remem-of the Guild; the eighth advised duct against Mr. G. A. Carior, hered that the opposing advocate members to employ fellow members Chief Officer of the ss. Ewong Fook

in preference to other, persons; the Cheurs. claimed that it was An illegal

ninth laid down a standard rate of Society.

wages to be paid by members for daily labour in the absence of a special contract; the tenth prescrih ed that any breach of the regula

a tions should be "considered at meeting of all members and that if reached then no agreement was legal proceedings might be taken to enforce the regulations; the last rule provided for the revision of the rules if required, by a general mecting of members.

His Lordship held that the Guild was an illegal Society in that it had exercised as inseparable from its existence, an illegal restraint of trade. He therefore dismissed the claim of certain of the Guild's ofcials for arrears of payments by a member of the Guild (Tsang Kam Chi.

Continuing, His Lordship said be had no hesitation in deciding that the principal purpose of the Guild, to which its other purposes were subordinate, was to afford

Judgment was entered with costs, and a stay of execution pending & possible appeal was granted.

"Six Chinese on behalf of them selves and all persons having an in- terest in the Mason Workers' Guild had sued for 9266, being money re-trade protection to its members. ceived on their behalf. In the al- Combinations to better the condi- ternative they claimed the money as tions of labour were "not unlawful Lue to them in accordance with the at Common Law and therefore that object was lawful. It was next Mr. F. E. Loseby appeared for necessary to consider whether the the plaintiffs, and Mr. D. McCal-means, or any one of the means, by lum was for the defendants

rules and also their costs.

It will be recalled that it 5. previous hearing Mr. McCallum

claimed that the Guild was illegal because certain rules were illegal and that therefore His Lordship had no jurisdiction. It was also stated, when evidence was given, that the funds of the Guild were taken to Canton during the 1925

strike.

*

A.

The Court of Enquiry comprised the following'-Lieut-Comdr, G. F. Hols, Harbour Master (Presi dient), Lieut. Comdr. C. B. Elbrow, of H.M.S. Titania; Capt. Ashby, Master of 5.9. Huichowy Capt. W. Bischard, Master of sh au Sang; and Capt. J. Davic, Master of st. Talthybing. Mr. G. K. Hall Brutton appeared on be half of Mr. Carter.

Alleged Assault,

The charge against the defendant was read from the log of the Awong fook Cheong. It stated, that ca February 23rd; the defendant boarded the vessel at about 6.15 p.m. in a drunken state. It was

alleged that he ther

had assaulted Captain Wilson, master of the Awng Fook Cheung, by striking him in the mouth fendant was suspended from duty when the vessel returned to Hong

Kerg on February 28th.

Da

In the witness box, Capt. Wilson said that on the day in question, defendant boarded the ship at 6.13 which the Guild proposed to effect. The vessel sailed at 6.30 p.m.

and full speed ahead was ordered that object were illegal.

when nearing the Southern fairway. At about 6.45 p.m. defendant rush-

Question of legality, The only rule which, in His Lord-ed up to the bridge and shouted out ship's opinion, might be bubstan to stop the ship. He, took hold of tially challenged as illegal was No. the telegraph and rang down to the 8. Any restraint of trade in engine room full astern.". cidental to other rules of the Guild Witness interfered, and defendant seemed plainly to be proportional struck biz in the mouth. The to the advantage of members con engines were again put ahead by

Two templated therein. questions the Chinese pilot and defendant left After the vessel had arose in connection with rule No. 9. the bridge. Firstly, did it prescribe a restraint cleared the Southern fairway, wit which extended further than wasness interviewed the defendant and The Judgment.

necessary for the reasonable pro 'tection of the members of the Guild, Delivering judgment, His Lord- and secondly, if it did so, was the ship said that after considering the the rule an essential part of the evidence; both oral and formal, he principal object, or was it separable "from it so as to leave the operation had assessed the balance against the of the remaining rules unaffected? official of the Guild sued in a final

The first question he would an- account between himself and the swer in the affirmative. The rule Guild, under the rules, to be 3121.34 provided that where, in the course would be given him.

ordered him back to his cabin.

No More Watches.

Continuing, witness said that when the vessel was at Wongmoon, defendant asked to be allowed to take watch stating that he was quite curable, of doing 50. Witness told the defendant that. no more watches aboard the Kwong Fook Cheng

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in the Court. I shall refuse to take SOLDIER'S THEFT OF RING. your evidence.

Answering further questions put by Mr. Hall Brutton, witness ad- mitted that it was his duty to make the entry in the log cited as evi. dence in the presence of the do- fendant, but in this instance, he had emittted to do so. He also ad- mitted that he had not given de fendant any opportunity to refute the charge.

PRIVATE'S FOOLISH

BEHAVIOUR.

SENTENCE OF FOUR WEEK'S

HARD LABOUR.

Before Mr. R. E. Lindsell at the Central Magistracy yesterday, The Plot's Story.

Private Thomas Smith, of the Bor- Li Kau, No. 1 pilot, was called, der Regiment, which recently but all he could state was that he arrived in Hong Kong, as a unit did not see the assault committed. He was on the bridge when the de- of the Shanghai Defence Force, was He put the engines ahead ring at Wanchai on Sunday night. mendant went and ordered to "full charged with the theft of a gold artern." again.

Lient, Chambers watched the case In answer to the Court, witness stated that Mr. Carter appear in the interest of the Military ed to be in the same condition then Authorities and occupied a seat on' as he was at that moment, "He is the bench next to the Magistrate. only a bit redder than he is cOW,” The accused pleaded "guilty' witness further added, who went on

Divisional Inspector Blackman

of contract work, a dispute arose only.

between the building owner and a The President! What do you contracting member po other mem- mean by "being capable to take a On behalf of the defendant, it had her should undertake to complete watch. There is nothing in evi- been submitted that the Kwong Yee the contract so long as the dispute dence to show that Mr. Carter was Tong was an illegal society on the remained unsettled. That prohibi-other than capable f

I thought the Court ground that its principal object in- tion made no reference whatever to Witness:

the merits of the dispute, and it knew all about it. "volved unreasonable restraint of was not contingent on

rejection

The President: The Court "is trade and, for that reason, the by the building owner of a legal plaintiffs were not entitled to re-award on arbitration. By its lan- sitting to try the ease from evidence gauge, it endeavoured to place a produced, and nothing that written cover at all. The illegality alleged building owner at the mercy of an or spoken outside the Court has may was a contravention of a rule of arbitrary contractor, and he was to bearing.

ke hampered in effecting an

alter

Sharp Cross-Examinations, English Common Law. The doc native contract. That rule in its

Cross-examining the witness, Mr. trine of the Common Law was "that present form was detrimental to the

Fall Brutton naked whether he saw it is unlawful to-fetter by agree-publie good. It was inequitable the defendant come on board. Wit

A full legi cess replied that he did not. in its consequences. ment the freedom of action of imate protection for the members

to say that he was requested by said at 9.30 on Sunday night the anyone engaged in trade, as

could be designed without a diare Mr. Hall Brutton: Where were Capt. Wilson to sign the log on accused entered a jeweller's shop at trader on an employer or a work- gard of their contractual obliga you at the time of the vessel's de February 24th, when the ship was No. 10, Queen's Road East and parture I was some two feet be at Kongmoon. He did not knew pointing to the ring (produced in man, except so far as such fetter is reasonable, oppressive, and destruc- hind and a little to starboard of he was signing and no one had ex Court) said he wanted to see it.

the telegraph.."

plained to him. reasonably necessary for the pro- tive of individual liberty." tection of the person seeking to im- pose such fetter upon ċthers."

tions. That restraint was

-

The second question was perhaps more difficult. Ohe statement of the law was that an agreement was

31

5

Mr. Hall Brutton: Where did he strike you In the face.

In order to find out whether the vitiated if the illegal parts go to the main object of the combination Kwong Yeo Tong was an illegal as or the legal and illegal parts are so sociation it was accessary, zaid bis mixed up as to be inseparable."

Mr. Hall Brutton: Ob, in the Lordship, to examine the purposes The rufe alone, among the other re- face now, a few moments age you for which the society was formed gulations, seemed to be clearly said he struck you in the mouth? tainted with illegality, but it was Yes, in the lace across my mouth. and the means whereby it proposed not in His Lordship's opinion one Mr. Hall Brutton: When did to effect those purposes.

of several illegal rules. An amend you make the catry in the log ment of its terms so as to include On the 23rd February. an arbitration as precedent to its

Mr. Hall Brutton: The log book

swer.

Perfectly Sober.

When it was handed to him the accused walked out of the shop with Mr. Hali Brutton: Did anyone

it. Police whistles were blown and ace the defendant, striking you!- Yes, the pilot and two quarter-roborated the last witness. He did to No. 2, Police Station. He was The quartermaster's evidence cor- the accused was arrested and taken masters.

not see any blow struck, and in his searched, at the station but the rigg opinion, defendant appeared to be was not found on him. Conclud

ing

that it was a case of mistaken perfectly sober.

Addressing the Bench, Mr. Hall identity the officer in charge at Brutton said be had no case to an- the charge room released the accus- The evidence produced by ed. He returned to the barracks prosecution clearly showed that his where he was seen "flashing the client had committed no offence and ring and blowing about it to his that he was perfectly sober.

comrades. The provost sergeant The Court said that it was not who had heard about the theft in clear why the telegraph was rever- Wanchai, informed the police. A the rule innocuous, Never theless, ho did not doubt that the ruary 24th-It was only a slip.

Mr. Hall Brutton: Did you show Carter would have to go into the, and the ring was found under the illegality to see whether it was of officers of the Guild who framed the

witness box to explain that point. acused's pillow.

The Magistrate: Why did you do such kind as to taint the whole con-rules regarded that rule as of the entry to the defendant-No.

Mr. Hall Brutton: Could you

Defendant's Explanation. this disgraceful thing -No reply. stitution of the society and make eral plan. For that reason he con- there was no special reason for it.

cardinal importance to their gen-give a reason why you did not No, Mr. G. A., Carter's explanation Have you no excuse to give

as to his reversing of the engines Accused: He had a lot of rings it an illegal eociety,

cluded that the rule was so mixed Mr. Hall Brutton: The entry is was to the effect that observing that showing, and I thought it was an up with other provisions for the protection of the trade as to be lost irregular and you have not the vessel was travelling at a dan- easy chance of getting one inseparable from them. In this The entry was made on the follow crossing from starboard to port, he labour was passed.

complied with the regulationsgerous speed and that a junk was Sentence of four weeks' hard conclusion he had followed leading ing day and was signed by the Chief thought it advisable to put the judgments.

If either of them be illegal it examine

might be necessary to

more closely into the nature of that rende on would, in his view, shows the entry was made on Feb-ged by the defendant, and that Mr. search was made at the barracks

The Guild consisted of over 3,000 members but did not comprise all the working brick-layers in the Colony. At least one other Guild

of workmen was known to exist.

poses

According to the evidence of the Chairman of the Guild, its pur

were to organise certain periodical festivities; to provide funeral benefits for its members, and to regulate the trade of brick- laying. It was a voluntary society, and its affairs had been conducted unmethodically. In order to ascer- tain its character it was necessary to analyse the rules.

JJ

Engineer:

engines asteru. Defendant further

Question of Appeal,

At this stage, witness said some added that he did not strike Capt. His Lordship

found that the thing irrelevant to the case,

was that: Mr. C. A. Carter, Kwong Yee Tong, was an illegal drew az admonition from which Wilson, and that he was not drank, findings. The decision handed down society, because it had as insepar- that witness should confine himself Independant Testimony of Sobriety. certificate No. 3000, Chief Officer

to answering questions and not able from its principal object an

A Revenue Officer who had been of the ss. Kwong Fook Cheong, illegal restraint of trade, which was

talking with the defendant a few was perfectly sober on the evening set out in rule:6 of its regulations.

minutes before the alleged assault, of February 23rd, and did not Judgment therefore, was for the de- if he was calling the Chief Engineer said in evidence that the defendant strike the master, Captain Wilson; fendant with costs.

argue.

Mr. Hall Brutton naked witness

Captain Wilson Severely.

Reprimanded. 18

as witness, and on being told that appeared to be perfectly rational Mr. Loseby asked for a stay of the Chief Engineer was a witness and sober. 14 days and intimated that the in the case, Mr. Brutton told the question of an appeal would be con-Bench that the Chief Engineer had kidered.

been in Court throughout the pro-, Mr. McCallum offered no objec ecedings. tion and His Lordship granted the application...

The Court was adjourned for The President (to the Chief En- nearly an hour to consider. its gincer) What are you doing here] (Continued at foot of next column.)

and, further, that Captain Wilson did, on February 24th, make an entry on the ship's log in a most irregular manner. The Court there- fore adjudged him severely rapri. manded."

Mr. Carler's certificate 'was re- turned to him.