1927-12-02 — Page 5

Page

PLANS FOR RESTOR- ING ORDER.

COMMISSIONER OF POLICE HARD. AT WORK.

"ANOTHER BIG LEVY ON CANTON LANDLORDS.

[FROM OUR CHINESE CORRESPONDENT.]

4,

Canton is outwardly peaceful, but intrigue of every kind goes on butily, and the general uncertainty continues to react upon commercial life. The present authorities are doing their best to restora" peare sad order, but the constant shufikia and re-arrangement of political and military groups do not make for 'any sense of security.

THE HONG KONG DAILY PRESS, FRIDAY, DECEMBER 2nd, 1997.

THE ORIENTAL

PLAYERS.

TROUPE FIGURE IN SUM- MARY COURT CASE.

AGENT WHO EXCEEDED HER POWERS.

ACTION AGAINST MR. LEE HYSAN DISMISSED.

The visit of the Oriental Strolling Players to the Lee Theatre was recalled yesterday afternoon at the Summary Court, when before the Fulme Judge (Mr. Justice J. R. Wood) Mrs. X. 9. H. Bibla, Room 5, Nathan House,sed Mr. Lee Hysan, proprietor of the Les Theatre and Lee Gardens.

Plaintiff mada a claim in respect of a letter dated August 11th, 1927, in which defendant employed her artistes from Shangai to perform as his agent in, engaging five

at the Lee Theatre.

Plaintiff engaged the artistes by five agreements in writing and claimed that under a clause in, the respective agreements defendant was to provide board and lodgings for the artistos.

The usual programme of reforms is promised but will probably go the way of all such projects. The present administration bave pro mised road improvements, the en- larging of narrow lanes into modern streets; the construction of a bad along the south side of the City and the building of a race course and an athletic field on kast karnue Ground. The only recent progress towards civic order has been that hundreds of futs and bouses have reverted to their original, owners, after being occupied by officials, atrikers, militariste and politicians, Lent free for more than two years and, a half. The Authorities are now trying to put down illegally addition to the aum mentioned

Plaintiff also claimed costs, in constituted forces such as the anti-British and anti-Japanese Com-

Mr. J. M. D'Almada Remedios mittees and other organisations appeared for plaintiff and Mr. G. countenanced by the Kuomintang. S. Hugh-Jones for defendant. General Chu Fai Yat, the Commis- sioner of Police, is taking the lead

Plaintiff claimed that in her position ns agent the rendered her self liable to pay the sum of 879 for their board and lodging. This claim which defendant was dis- was the amount and nature of the puting.

Plaintiff's Story.

From plaintiff's evidence, it ap

at an

in the work of proscribing unlawpeared, that she went to Shanghai ful unions, paying-off the unem to engage the artistes and returned plored, restoring houses to proper to Hong Kong on August 28th, this owners, and dissolving anti-British

year. Two launches she said, met and anti-Japanese organisations, the steamer, one from the Palace The Cantonese are tired of poli Hotel and one from the King ticians, militarists and long state Edward. Hotel. From these laun- ments but will support those who ches she received two letters (one are really setting out to make the from each) from her husband stat city orderly and habitable.

ing that the troupe could either Yesterday students and workers get reoms

hotel or on the instruction of the

pro-house Dear the Theatre. The paganda, section of the Kwangtung artistes decided to go to Burley faction of politico-militarista staged View and the next morning Mr. a demonstration of protest against Hancock was seen and a clause re the recent shooting at a mass meet lating to board and lodging was ing by troops of the Special Com pointed out to him, mission at Nanking..

Wituese stated that this clauso Orders have been issued at Canad been approved by Mr. Lee ton directing all local troop com Hysan, who, she said, promised to manders who have seized funds China to return them at once. It and the contract.. is highly improbable, that any "mili- tariat will take any matine.

CARGO JUNK PIRATED.

LIVESTOCK AND CARGO STOLEN.

HAUL OF $1,000.

News of another piracy in Chi. "nese water" was received in the Colony yesterday morning when a cargo junk arrived here after an unpleasant experience.

According to the master, the boat was on a voyage from San Mi to Hong Kong and the cargo included 3 pigs from the Woo Hoag pig dealers' abop. Besides the master, there were on board six members; of the crew and three other met looking after the livestock on behalt of the owners..

Tuesday, the vessel encountered a Leaving San Mi at 0 p.m... on fishing boat on Sai Chung in Chi day. Eight men on the fishing boat nese waters at 8 p.m. on Wednes-

opened the attack with two rife shots at close range. and this so terrified the cargo boats crew that they at once took refuge in the hold of the vessel.

of the

e artistes and defendant's case was that plaintiff had nothing whatever to do with it and had no authority.

th

THE LEGISLATIVE COUNCIL.

ONE ORDINANCE PASSED: TWO OTHERS READ

A FIRST TIME.

THE DEFINITION OF DRUNKENNESS,

H.E. THE GOVERNOR'S RETURN; HON. MR. W, T. SOUTHORN · SAYS "AU REVOIR.”

At the meeting of the Legislative Council yesterday afternoon the Ordinance dealing with the Boy Scouts Association was read a second and third time and passed. Two new Ordinances, one dmending the Magistrates Ordinance of 1890, and the other deal- ing with the formation of the Hong Kong Police Reserve were read a first time. Consideration of the proposed new Printers and Publishers Ordinance was adjourned until the next meeting of the Council.

*

At the conclusion of the routine, business H.E. the Offeer Ad ministering the Government took the opportunity of thanking the members of Council for the help and co-operation they had given him during the absence of E.E. the Governor and also wished them all and the Colony generally a prosperous future.

Sir Cecil Clementi is due back either to-day.or carly to-morrow by the Fushimi Maru and almost immediately the Hon. Mr. Southern will go on leave. Mr. and Mrs. Southort are travel- ling Home rid Canada and will spend Christmas in Vancouver. They leave on Thursday by the Empress of Russia.

sence or incapacity of a magistrate whose decision is appealed against the Full Court shall have the power to order the casa to be heard de novo.

The third point is one of much less importance, but it is one which frequently occurs in the Police Courts. The vagrancy act of 1824 makes it an offence for a suspected

Five pirates clambered aboard

H.E. the Officer Administering the | An inteading" appellant might find and nailed down the hold cover.

Government (Mr. W. T. Southorn, bis appeal completely blocked by They remained on board until dawn C.M.G.) presided. There were also one of these caused Section of and sailed to an unknown place where they took away some of the present H.E. the General Officer the Bill, therefore, proposes to pro- cargo, Sailing out to sea again, Commanding the Troops (Major vide that if any step in an appeal got away in their own craft. the pirates left the cargo junk and General C. C. Luard), the Colonialis rendered impossible by the ab

The master and the others later Secretary (Hon. Mr. E. R. Halli pushed open the cover of the hoid fax), the Attorney-General (Hon. to find that all the pigs had been Sir Joseph Kemp), the Colonial stolen. The pirates had also taken Treasurer (Hon Mr. CMel, 20 tina of nut oil, 21 baskets of fresh eggs, 15 catties of salt fish. Mosser), Hon. Sir Shou-son Chow, $300 in Hong Kong bank notes and the Director of Public Works (Hon. some clothing, the total loss being Mr, H. T. Jackson), the Secretary assessed at $2,000.

for Chinese Affairs (Hon. Mr. R. A. C. North), the Captain. Superin- tendent of Police (Hon. Mr. E. D. C. Wolfe). Hon. Mr. W. E. Lperson, or reputed thief, to fre Shenton, M., D. G. M. Bernard quest streets, docks and so on Hon. Dr. R. H. Kotowall, Hon Mr. with intent to commit a felony. A. C. Hynes, Hon. Mr. J. Owen Very often it is difficult to prove Hughes and the Deputy Clerk of frequenting because to prove fre Councils (Mr. E. W. Hamilton). quenting one must be able to show that a man has visited that street for that purpose at least more than once. On the other hand it may be quite obvious from his known character and actions that be can only be there for an unlawful pur pose, Accordingly in England the age and it was made an offence law was altered a good many years

thief, to loiter with a view to com- made in England in 1801 is now to mitting a felony. That amendment be made here by a section of this Bill

Plaintiff agreed with Mr. Hugh Jones that she had nothing to do except to go to Shanghai, get these contracts signed and bring the artistes to Hong Kong. She also said that she had to make herself

Magistrates Ordinance. responsible for the artistes "and The Attorney-General moved the generally look after them, as she first reading of an Ordinance to had received no letter and there was no one to meet them on amend the Magistrates Ordinance, arrival. She agreed that her bus-1890. He said: This Bill began and used the name of Astraft. with one or two proposals to alter Lee Hysta denied that plaintiff in technical points, but, as often

Mr. RugbJones said that Mr.

the Magistrates Ordinance on cer-

admitted that Mr. Astroff was there.

addition of more and more proposals of these proposals are technical and it now contains 25 clauses. Most matters dealing with questions of procedure, and they are all fully explained in the "Objects and Reasons."

from branches of Central Bank of write a letter confirming this clause ever went to his house, but he happens, the Bill has grown by the for & suspected person, or reputed

Famine in Lienping District has been responsible for a raid on the rice shops at Chung Shun Mart at the end of last month. Some 200 starving persons were involved.

When the took the contract to Shanghai, the clause board and lodging was not included, in the contract, but was written in by witness.

Mr. Remedios: Who asked you to pay this on behalf of Mr. Hancock, Mr. Lee Hysan

Artistes Had To Pay In Advance.

Plaicti said she paid 8925 or accommodation, because the land lord would not allow the artistes

There are, however, three points dealt with in the Bill which are of

Witriess cabled to Hong Kong about this clause and wanted Overseas Chinese opposing the letter confirming it. She kept on Kuomintang at home will very asking for this confirmatory letter

kely have their property confis- but was put off on each occasion to have accommodation without a little more general character to catell. According to the Industrial and never got it. When the ap- payment in advance, She declared which I think I might appropriate and Commercial Daily News, nine proached Mr. Hancock he promised that Mr. Hancock said he wouldly refer at this stage. One is the

in Toronto, that she should have it the next pay the money back to her, and Chinese residents Canada, have been reported to day. On September 13th, the first that Mr. Hancock had authorised Canton by their political opponente night of the show witness said that her to engage a compradore. in that city for having attacked the if she did not obtain this confirma- Mr. Hugh-Jones objected, saying tory letter there would be no show. that it was not suggested in Kuomintang.

Mr. Hancock then said that Ms. evidence. WHY TRADE IS BAD.

Lee Hysan would be at the theatre that night. No letter was forth Inland trade will continue

coming, however, but as the per- remain Bull until river traffic is fully farmers were there they gave the restored, Bank of Central China

Failing satisfaction from Mr. notes are still exchanged in private at 85 though the dollar in officially Hancock, witness went to see Mr. at par. Last Wednesday a Canton Le Hysan with her husband, who shop was fined $1,000 for refusing said that he had given Mr. Hancock $0,500 that morning and told her to accept it as legal tender.

Owing to certain militarists in to ask him for it and that if he Kongmoon failing to see eye to eye it was refused to send Mr. Lee with their comrades in Canton, Hysan a letter.

Plaintiff said that she considered trade in that port is being affected; and Kongmoon-Hong Kong as well she had to look after the artistes when they came to Hong Kong, as Kongmoon-Canton steamship

to

show.

The Colonial Secretary seconded, and the Bill was read a first time.

The Police Reserve. The Attorney-General moved the first reading of An Or hinance to provide for the formation, establish- question of the meaning of the mont and regulation of the Hong term "drunkenness," in the sec- Kong Police Reserve. In doing so tions of the Ordinance dealing with he said: To a large extent this offences by persons while drunk. Bill will repeat the provisions of The definition of this term, or rather the present Police Reserve Ordin- the interpretation of it, has, as is aace, but it does make three some- One of the artistes, Melle: A well known, given rise to a great what important changes in the law Chaillet, spoke of additions being deal of difficulty in the Courts here, relating to the Reserve. In the made to the contract in Shanghai and even more so in England, and first place it will dispense with the and said that in Hong Kong Mr. still is a matter of great dif oath of allegiance and it will sub. Hancock said that everything ficulty and uncertainty. The British stitute an undertaking to serve in would be arranged.

Mr. Hugh-Jones said that they Medical Association, in October, the Reserve and to obey all rules and frankly admitted that as between 1923, appointed a committee to re-regulations enforced during the In the second place all penaltica the artistes and Mr. Lee Hysan port upon the interpretation of the period of the individual's service agreements were ratified. If the term "drunk," and on the tests

for drunkenness. That committee for breach of discipline, other, of artistes had not been provided with board and loding they could have was a very strong one. It included course, than reprimand and die- various members of the British missal, are abolished except when come down on Mr. Lee The only fedical Association, two Stipen- the Reserve is called out for active object of his cross-examination wax to show that plaintiff acted without diary Magistrates, five Police Sur- service. It is obvious that when it is authority. There was. Ao doubt geons and others. In February, called out for active service, if ever, 1927, the Commission made a very the penalties must survive for the down here as regards the artistes themselves. As a matter of fact port they suggested a certain de Sock and shirt knitters of whom

arrangements had been made with finition of the term drankegness there are not a few in Canton and

Replying to Mr. Hugh-Jones,

and that definition has been adopt zomeone else to provide accom vicinity have threatened to strike plaintiff said she acknowledged s for higher wages, while the piece letter from Mr. Lee Hyenn, dated modation and that was why it wased in the present Bill. It reads as work employees who rect.s.machine August 11th, containing a draft not included in the contract at home and eerd in finished work contract and 8300 and her instruc

now demanding that

passenger traffic has lessened theag and this was how she incurred the that the contracts were accepted full and careful report. In that re- period of active service. In the

last few days:

are

MILITARY NEWS.

expenses.

"

the tions.

The Inserted Olanse.

*

His Lordship agreed.

follows

+1

third place power is given under

the Bill for the Governor-in-Council to direct that members of the Re- serve be paid when the Reserve is. called out for service. The regula- tions proposed to be made under "For the purposes of sub-

this Ordinance, when it is passed, sections relative to this Bill, a person shall be deemed to have have been published in the Gazette: The Colonial Secretary seconded, been drunk if he was so much and the Bill was read a first time. under the influence of alcohol as to have lost control of his facul Printers And Publishers Ordinance. ties to such an extent us to On the motion of the Attorney- render him unable to execute | General, seconded by the Colonial. safely the occupation on which he Secretary, it was decided to leave was engaged at the time in ques-consideration of the proposed Print- tion.'

ers and Publishers Ordinance,to the next meeting of the Council.

Boy Scouts Ordinance. The Boy Scouts Ordinance was read a second and third time and passed.

No Case To Answer. Mr. Hugh-Jones submitted that machines be supplied by their em- Plaintiff said that prior to he had n10 case to answer, and leaving Hong Kong for Shanghai suggested that from plaintiff's ployers.

The present administration, în she had another conversation with evidence she incurred the liability Canton are asking property owners Mr. Hancock who agreed that if without authority to pay bills. He in the City to contribute seother necessary she could add the.clause suggested that plaintiff's agency month's rent to the revenue and about board and lodging,

ceased the moment she arrived back those who have had the help of the In further answer to Mr. Hughin Hong Kong and she had nothing Police in regaining their property Jones, witness agreed that in the to do with lodgings for these from the strikers, etc., who had oc-original contract there was no artistes.

It is obvious, of course, that a cupied their houses are to pay three provision for board and lodging,

Mr. Hugh-Jones said that as the person may be intoxicated to a months rent. To facilitate collec- and that the words and board" tion, all tenants of rented property were aded at Shanghai. She was case stood now it would appear as certain extent, and yet be able to carry on his particular occupation have been, instructed to pay their certain that she cabled to Hong if Mr. Lee was treating them rather

with safety to himself and others, December rent to the Police, in Kong about board and loding he harshly. The arrangements were stead of to the landlords.

fore the contract was signed. made, not with plaintiff, but with whilst in other cases, as for example

That when he is in control of a motor- H.E. The Officer Administering Mr. Hugh Jones suggested that her husband, Mr. Astroff.

The Government," the reason she was so anxious to was why she received the lettera car, a less degree of intoxication get a letter from Mr. Lee Hysan when she returned to Hong Kong, will make him a source of danger H.E. the Officer Administering The Kwangtung forces claim that was because she had no authority Mr. Astroll was engaged in the both to himself and to the general the Government: Before we ad

The test, therefore, is their 19th Division has occupied to put board and lodging" in Theatre with this particular com public.

indebtedness to the Official and Shiubing without opposition and the contract,"

pany and he had a salary of $150 whether the state of intoxication urn I should like to express my will now move on Wuchow, which Mr. Hugh-Jones: You knew very night, out of which he was ex-in such as to render him unable to Unofficial Members alike of both the is also expected to fall without well you had no authority to put pected to provide the board and execute safely the particular o Executive and Legislative Councils, lodging of this troupe. Mr. Hugh-cupation on which he was engaged for the very ready help and co- much resistance. It is further in those wordel

Witness asked in reply, if they Jones believed that Mr. Astroff was at the time in qucation. That is operation they have given to me claimed that Kwangsi forces have been entirely elested from the dat agree, why did they not sponsoring the company in Hong the gst question of principle, the at all times while I have been ad-

object

was them general dealt with ministering the Government of this North River Districts.

Mr. Hugh-Jones said that Mr. Manila.

this Bill.

Colony in the absence of H.E. The General Li Hon Wun, a supporter.

that when His Lordship

that remarked

The second refers to Appeals to Governor." As this is probably, the of the present Kwangtung Govern. Hancock would say, ment, reports that he has already plaintiff brought these contracts to plaintiff bad failed to establish that Magistrates. At present various last time I shall have the pleasure restored order in the districts of him and showed him the additions she had any authority from Mr. steps in an intended. Appeal have of meeting you together for some to be taken before or by the Magis months I should like also to take Hoifung and Lukfung, where the he (Mr. Hancock) told her that the Les to incur these expenses. "Reds, who are really no more had no right to make them. As a His Lordship entered judgment trates Appeal Court and no pro- this opportunity of wishing you all vision is made for the death, ab- and the Colony a very prosperous thaa pirates and bandits, have been matter of fact other arrangements for defendant.

Mr. Hugh-Jones intimated that sence or incapacity of a magistrate future kunde committing every kind of outrage were made for the accommodation

defendant waived his right to costs. whose decision is appealed against. Council then adjourned sine die. against the inhabitants.

(Continued on next Column.)

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