1927-06-08 — Page 5

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THE

STRIKERS AND THE BONUS.

HALT IN RAISING OF FUNDS.

PROPERTY OWNERS'

REQUEST.

[PROM OUR CHINESE CORRESPONDENT. }

CHINA NAVIGATION

COMPANY.

OFFICERS AND THE WAGES

T

THE HONG KONG DAILY PRESS, WEDNESDAY, JUNE 8th, 1927.

STRIKE NOTICE EXPIRES 29th,

were

JUDGMENT FOR

O.S.K.

DISPUTED LEASE TO MANAGER OWNER.

THE MORTGAGE

CASE.

FAILURE OF BROTHERS'

CLAIM.

PLAIN AND UNAMBIGUOUS¦ EVIDENCE OF FALSE

LANGUAGE"

The time fait set by the go:lda of the deck officers aml engineers

At the Supreme Coat yesterday of the China Navigation Company, Ltd., for a reply to their demands morning. His fawdship Mr. Justice resisting the ten per cent, wages. R. Wood the acting Chief reduction imposed two months ago Justice) delivered judgment in the Now that the strikers assucinted. with the 19 anti-British lageot Fespied on Monday,

rose in which Lam Kay Mow and have announced that they will not

Chan Tong sued the Osaka Shosen disband their organisation, even though they are paid their promised

Kaisha in respect of a lease of pre- bonus, until all have been found work, there has been a halt in the The merchants raising of finis.

Knomintang EQ asking the sa a definite statement inform ng the public whether or perty owners will be able to reclaim the houses occupied by the them pinjed on the bons question hast beer settledi.

16

Labour tyranny still manifests Twa shops tself in many ways. in the northern section of the city are now derapied by Jokic who have been dismissed, but refuse to go. They board and lodge on the pr mises despite the protests of ther former employers who have so far. Je unable to secure assistance either from the Pulice or the Kus mintang Bureau of Agriculture and Labour.

.........

General Face Shot Shang, the Yunnanese Conimander, who was Garrison maission of Canton eader the late Dr. Sun Yat Sen, | passed Wachowo Saturday for Posch, Kwangsi, on his way to Yunnan. It is said that he will participate in a moment, to bring Yamun under Knomintang control and that he had been provided with Joney for this purpose. Th- 4th Brigade of the 7th Corps From Kwangi is arriving at Canton to assist in fea! defence,

Mr. Albert Hong Sing Chuck, foterly of Hankow, has bra nje pointed Coatnissioner of Public Mr. Chuck Highways at Canton.

is a civil engineer. He graduated from Stanford University in Au ria and was for a time residemi in Hamlulu

147299

y enquiry yesterday

is still atormed that the matter being discussed in Shanghai. It is

mises knows as Noч, 1, 1 151 unwn that an acknowledgment has been revived from the Company. 51151 1 1 11111 connection and e. Marbonnell Road,

held in with negotiatious

His Lordship found for the de Shanghai on Monday night, but up fendants (the 0.8, K.) on all elaines

farher news I last evening

with the exception of a ekan, for regarbig, the matter had been re- Leerved in Hong Kong by the local $1,012.50, of which he found for thr

plantiffs. thild Obres, authigh the situa tion was unaboustediy explained at the meeting referred to, and prob ably some dee,sion was reached.

G

The plaintiffs alleged th per mises were tensed to the US.K. OR August 16th, 1915, for a term of six years, with the option of at additional four years They claim ed that the option had been exer eased, but this was denied by the

There is a meeting of the Muring Enguerre Guikt of China (Ilong Kong Branch) this evening, and it is experind that definite news all he available frog Shanghai to-day

The officers and engineers are anderstood to be solidly in favour | defendunts, who said the lease was

atriking at miliaght on June eth. faxing the Company's agree

to cancel the reduction, and fnother

refand the amagit givesdy deducted, orated teinat vely, the Company's agree. } ment la abah ay the decision of a Court of Arbitration on" the subject

ander dispate.

Eri

signed by a former Hong Kong manger personally and his signa totalt was not binding or the firm.

RIVER LEVELS. KWANGTUNG CONSERVANCY

BULLETIN.

West River at Shiding Jau ath, 9. in.: June 4th, fals aun: highest level on record 4 feet; lowest on record an. North River at Tsingyuen: June ath, fort, Lane 6th, rising, highest level on reward sit.

is lowest (41

Mr. Ellor Potter: Kit"; together with Mr. F. C. Jonkin, were for

11. G

the plaintiffs, and Mr. Slan defended.

REPRESENTATION

STRONG COMMENT BY THE JUDGE.

Not To Plaintiffs' Prejudice. Referring to the declarations for which the plaintiffs land applied, His Lordship continued that what- ever might be the substantial merits involved it was, in his opinion, tisk open to him to grant them, as they involved the rights of four brothers who were en-nortgagors.

it had been submitted for t plaintiffs that the contract between themselves and the defendants was null and void ab initio under the rule of Common Law, by which all contracts made by an infant, which were prejudicial to the infant were absolutely void. After dealing with the facts on the point, his Lordship said that the mortgage had result

indgment was delivered by the ting Chief Justice (Mr. Justice J. it. Woody at the Supreme Pomt in the ease in which two brothers. Leo Kwong Lam and Loo Kwonged in neither benefit nor prejudic. to the plaintiffs. There had been Hin asked that a $1,000 mort- sage on Hong Kong properts should objections raised to that contention, be set aside on the grounds that which all had a certain weight, but they were infauts in law at the having regard to all the circum- stances it seemed impossible to | time of the execution of the deadeinssify the mortgage as one mani The hearing of the case lasted uver festly to the prejudice of the plain. tiffs. So far, therefore, as they claimed a declaration that the en fruct was at all times and and void under the Camon Law, it must. in His Lordship's opinion, fail.

n werk.

His Landshin found that the laya thers had fewudulently misrepre sented their age in beerning parties. far the mortgage, and in consequenzee he refused to grant any of the plaintiffs' declarations or to make any order set out of the statement of claim absolutely, until the record had been amended by the inclusion of arcessary parties and further, jon condition that the plaintiffs, by way of restitution, repaid in fulf the mortgage debt and interest.

It will be remembered that apart from asking for the setting aside of the mortgage in question, the plain tiffs further sought a declaration that as regards the plaintiffs' in- terest in one third part of the whole of the property the indenture of imortgage was null and void; a'de. laration that the convenant te

Would Succeed In England. In England the contract would he void by Sintnte under the pro visions of the Infants' Relief Ket, Juz this Calony it was not re- dered void by any ordinaner, He would assume that the contract was jone" vondable by the plaintiffs, and

donbt whether in that case the that there existed a considerable

Court in the exercise of its disere tion would grant a declaration that at the date of the present writ it was in fact null and void. to his view the Comet would rightly refuse to grant declaration.

"Infants" Contracts.

The matteritid "nit “end “Cher. Voidable contracts of an infant were of two kinds. Firstly, these that become valid, Le.. of perfeet which remain invalid until confirm obligation on both sides, and those

y was inapplicable to the plain, tiffs: a declaration that one third on majority by the infant. WIES

of the magid property was vest

The fundamental principle which withed in the defendants as trusters

to hold for the use of the plain applied was the maximale tiffs; and an order by the Court Whoks equity mas do equity."

The fraudulent, emtenetor mast that the defendants do not expeut make erstitution to the party pre- an assignment in favour of the

interest in thejudiced through his fraud, and | between the infant and the person Property equivalent to one third ofquity here draws no distinction

sui juris. Mr. Eldon Patter, K.C., with Mr.

In his Lordship's view the pusi. H. G. Sheldon, instructed by Mr.

tion in the case was us follows: | D. L. Strellett was for plaintiffs, and the defence was conducted by Mr. F. C. Jenkity, instructed by

the whole.

N

Mr. G. GEN. Tinson.

His Lordship said the lense signed by Mr. K. Yamasaki, the works, Manager of the Osaka Shon Kaisha," but those words seemed to him to be merely desplaintiffs of eriptive. The language of the document was plain an mbigu aus, and Mr. Yamasaki exerated it ander the designation of "lessee.” After considering the circum stances, his Lordship concluded that the option for a further term of four years contained in the lease was not one which it was at any tume up to the defendant company It was but alleged tint the uption was exercised by Mr. Yamasaki, and the lease, there- Chiarse workers at the Japanese re, with all rights, expired at due godown at foam and at the Nandate on August 15th, 1024, and that,

North River at Samshui: hur 5th. Ft. Tins, June th, aft. dius: Tasbest level on record viit, is lowest Sft. East River at Sheklung June ach, kt. tins, June 6th, G.

highest Jaft 2ink. Juwest aft

for exercise.

His Lordship, in his judgment, found in fact that the two had been

The time honoured practice in Canton of soeuring some form of gharantee that a prisoner will b

Ego behaviour if released is causing considerable hardship to many of those who have been ar

vang Godown have gone on strike, j to his mind, disposed of the prin-execution of mortgage, His Lord In the Their demand is that no amount of cipe) issue of the ease, rested for political offences.

old days it used often to be a mero į jabocar espable of handling 2,000 In the alternative, the plaintiffs matter of form to get some firm tons of cargo daily be put en I had applied for a declaration that

as are nevENNILCY work.

il

da the day's

to affix its "chop" to a document permanent eruployment basis. They the defendant company was estop

the present system of that the person concerned wonid | object to bed raused further trouble to the taking on daily only as my hands from giving to their tenancy by a letter in reply to a proposal in which they to raise the rent declared they had the right to cou- The Pui Ching Baptist Academy

tinue in the premises for a further in Tangshan, Canton, one of Ow

three years at the same rent, and very few Christian schools, in theuld not accept the increase. They Southern Capital stifl operating, isid not, however, claim estoppert nus being attacked by the anti- perialists." Mr. Wong Kai Ming,

thue is Nys Authorities.

so much sus changed. There a picion than is in Canton will elax. lightly Karn

anyone

Just recently

it well known per

chant had his property confiscated because at in time he was good enough to recommend a friend for

on those grounds as the authorities clearly showed"

n job in a bank and the friend 31.A., president of the Academy, is disapwaned during, the...auti Redj being denounced because of his sup- campaign. The guarantee, in iposedly unsympathetic attitude to self. is possibly of little conse. wards the present tloverment in quence but it can be used to dire Canton. parpuse if the Authorities think it worth while. Therefore, som hun- dreds of young men now in thes prisons at Whomper and dsewhere, who could secure their release to morrow on a commercial guarantee, have to remain where they are be-

these guarantees are forthcoming.

The Society for the Extension of the and British Boycott, organized mine their teanney. at the instigation of the Soviet Mis

The Prevailing Custom.

sion to South China, is now prue Following the prevailing custon

who

were

at the date of execu tion of the mortgage but also found that they had made a false and representation. knowing express the same to be untrue, with intent to deceive the defendants (the mortgagees, Messrs. Li Rom Chun and Kan Tong Pu) and to obtai thereby an illegal advantage."

After expressing it as his opinion that the plaintiffs had satisfactorily discharged the onus of establishing the fact of infancy at the date of ship said that they had asked the Court to believe that they signed the respective documents without due appreciation of their contents. Lum hnd professed himself ignorant that legal infancy in Hong Kong lasted until the twenty-one years of age.

attainment

of

Not Consistently Truthful. I do not for one moment accept saiet this assertion of ignorance," His ship, "The intelligence of th plaintiffs is nfert and their sus of self-interest is keen. Also,

The won-fulfillment of their obliga. tion in equity might deprive the applicants of the assistance of the Court in obtaining relief from the provisions of the contract, which

was a different matter from a

general affirmation of the validity of the contract as a whole or in part. It seemed to him likely that the defendants could not sterred in an action brought to recover their advance, and to conclude his Lordship refused to grant any of

the declarations unless on condi

tion that the plaintiffs by way of restitution repaid in full the mort- Sage debt and interest. The plain- tifs would have to pay all costs in the proceedings, exrent costs as signahle to the issue of infaney. which the defendants would pay."

Question Of Victimisation.

After delivering judgment, his Lordship stated that the plaintiffs had declared that Mr. Sung Tsui

Lun, Chinese interpreter former. ly employed by Messrs. Hastings. Dennys and Bowley, had demanded from them as a price for his ser- vires the sum of 10 per cent. on the value of whatever they recover from the trustees, and also that at a later date Mr. Sung demanded

it was plain throughout their evidaditional & per vent, on behalf

ence that they were not omsistently

From their de true witnesses. tranous I have been led to dis believe them both on this print,' The plaintiffs alternatively claim-

The plaintiffs had, to his mind. a declaration that the defendants cratinned His Lardship, dising were tenants from year to year,uously denied that the daruments and therefore their notice to quit in question were ever explained to them by Sung, the interpreter, on August 11th, 1926, did not deter whose duty it was and who hail since died. Evidence, however, had been given which His Lordship ne cepted, to show that the interpreter in question was observed spending about half an hour in the inter- pretation of the documents to the plaintiffs, inrhiding the deed of r lease. This alone was sufficient to lead His Lordship to believe that the representation of majority in ciated by the plaintiffs. this deed, was noticed and appre But there was further evidence as to Lam having announceit in a and of it having been stated in Hin's presence and with his e- These items in evidence indicated that the question of their age and quiescence that he also was

the possible disability resulting from their minority was brought to their notice on the date that the contract was executed,

tically non-existent in Canton. The

in the Colony with regard to tenan- its leading

than by Reds" lights have all departed since theries arising otherwise coup d'etat of April 15th. During lease, his Lordship held that the no less than defendants' tenaney was in fact a the last fortnight. three meetings were called to dis russ currying on the anti-British monthly one, and the notice to quit Mr. Chen Hi Tseng, acting campaign, but no quorum was ob was, therefore, valid.

caus

not

With regard to a further claim

The mer Director of the Political Depart-tained in either case. ment of the General Headquarters chants nominally represented in the 1. in Canton, summoned the Canton Society stayed away, and as they for 81,012:50, being an amount oflicitor's office that he was of age

WAS

would now like to make little 15 per cent. in excess of the rent

the more moribund the money

and: September 15th, 1926, which Society bromes the better will paid from December 16, 1925, they be pleased.

had been paid into court with a denin of liability, his Lordship said he considered that the defend- ants were liable on that claim.

His judgment was for the defend-

+

age.

of Mr. Wing Cheung, inter- preter to Messes. Wilkinson and Grist.

According to their evidence this suar was paid by them and it is significant also that a cash credit

of 10 per cent. approximately was retained by Mr. Sung afterwards in his own banking account, and a further 5 per cent was paid by him to Mr. Leung, Mr. Sung had since died and his evidence was not, therefore, available either to cont firm or contradict this story.

Mr. Leung, while admitting the receipt from Mr. Sung had Swarn that it was paid to him on another 1t WRS unt account altogether. material to assess the credibility of the evidence. It would be dif ficult to record a final decision without Mr. Sung's evidence, but a suspicion remained with him that the plaintiffs and their. four bro- thers, had, in this matter, been vie tinised by their agents in a way for which they themselves were in a large racasure to blame.

An Appeal?

Mr.. Sheldon (for plaintiffs) asked if it was in order at that stage to apply for a stay of execution penil- ing an appeal..

Mr. Jenkiu commented that in re- gard to costs he would oppose the application na the plaintiffs mostly lived in Macao and recovery would be difficult.

THE CANTON-KOWLOON TRAIN SERVICE,

His Lordship found that the plain The Chinese Authorities are now

tiffa fraud was fraud in the full sense of the word, but added that trying to arrange for two express trains daily between Canton and Kowloon and are seeking to borrow ant company, except on the claim fraudulent plaintiff might equally SET innoccat plaintiff be

His Lordship said that doubtless locomotives from the British See- for payment of 81,012.60, on which with

to obtain a judgment declaratory of was with regard to the property tion of the Line. Each locomotive laim his judgment was for the entitled in the proper eircumstances what Mr, Sheldon was thinking of so borrowed would cost the Chinese

plaintiffs. The pinintiffs would his legal rights. In the present pro which the defendants proposed to Section at least $90 dollars a day, Siner the resumption of the daily pay their own costs incurred aftercordings, the plaintiffs who had sell. He would make an order thai

pressmen to a conference yester day afternoon and advised them to start a campaign against the land. ing of Japanese troutis on Chinese the soil. It

stated that Japanese were landing troops in Chius in order to assist Chang Tso Lin. On Monday the students of Sun Yat Sen University also called n meeting of representative Chinese organizations in Canton to protest against the landing of Japanese troops in North China, and the Southern Chinese are threatening express a boycott of Japancas goods.

(Continued on next Column.)

on the Chinese Line an the date of the payment into court, average of about 200 passengers ore carried and this number is far and ouch party would pay their own less than was at firek expected. custs incurred prior to that date.

been fraudulent would, therefore, the option as to sale should not be be required to make sufficient re-exercised by the defondants within stitution before they could succurd 14 days. There would be no stay in any part of their claim.

of execution as to costs.

CONFECTIONERY

A FINE SELECTION OF

MURRAY'S

PURE SWEETS HAS ARRIVED

FONDANTS

PASTILLES

CROQUETTES

FRUIT JELLIES

AND MANY OTHER DELICIOUS

IN WONDERFUL

SWEETMEATS

CONDITION.

LANE, CRAWFORD'S

CONFECTIONERY DEPT., GROUND FLOOR.

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