1928-09-14 — Page 5

Page

SALE. UNEMPLOYMENT IN

A NAVY FOR

CANTON'S 24-OLDEST

GUNBOATS.

STILL SERVICEABLE FOR CARGO I

[FROM OUR CHINESE CORRESPONDENT.)

CANTON, Sept 13th.

CANTON.

AT LEAST 16,000..

GENERAL BUSINESS

DEPRESSION.

MANY BANKRUPTCIES REPORTED.

THE HONG KONG DAILY PRESS. FRIDAY, SEPTEMBER 14th, 1928.

"NAPOLEONS OF

FINANCE."

AND A SORT OF SOVIET

COMMITTEE."

LOCAL SOLICITOR'S DESCRIP. TION OF MING YUEN'S SHAREHOLDERS.

To the Chinese in Hong Kong, the Ming Yuen Garden át Quarry

Admiral Chen Chak, head of the [rnok ouR CHINESE CORRESPONDENT Bay, where several attempts have Nayal Department of the Canton Government decided to sell all the old and more or less crippled gun. boats and spend the money thus realized on up to date men-of-war, There are altogether 24 obsolete gun boats of various sizes and ages in Canton Harbour, all of which are to be sold to the highest bidder The prices range from 8100 $11,000 each. If all of them are sold at the lowest prices asked by the Naval Department, the money realized would be 8947,800.

The public. has already been notifed and the particulars and re- gulations governing the disposal of these aged, war vessels urge the mer- chants, especially those engaged in

to

This company, through their solicitor, Mr. C. A. S. Ruse, sued Leung Sik Pun, Wan Man Tuen

$500 DAMAGES FOR FALSE IMPRISONMENT.

POLICE OFFICERS AND CIVIL CASES.

DEFENDANTS RESPONSIBLE FOR INSPECTOR'S ERROR.

APPEAL BEING CONSIDERED.

Jacks at the

Judgment was delivered by Mr. Justice Summary Court yesterday afternoon in the chee in which fisherman of Taipo Market daimed $1,000 damages from the master and foki of a Hah shop, and a Chinese detectiva for enueing him to be wrongfully imprisoned for two days at the Taipo Police Station.

His Lordship awarded plaintiff $500 damage in all, and, in the course of a lengthy, judgment quoted Sir Frederick Pollock's Law of Torts, which stated inter alia at Everyone in answer able for specifically directing the drfeit or imprisonment of another, nor does it matter if he acts in his own interest or in another's."

the

been made to start a "pleasure- CANTON, Sept. 19th. land" like Lee Garden, is hoodo. "The problem of unemployment is Every effort to make it pay has assuming a serious aspect in Can-ended in failure, the garden was ton. The latest figures show that closed for a long time, and it was there are to-day over 8,800 laborers only recently opened again by a without jobs. This indicates only few enterprising Chinese. They the returns from the approved met with no better luck and among The case concerted, it may be was the prime mover in this mat labour unions which have been other debts which they owed was recalled a Beberman living atter will consider his case first. A sum of $119 due to the Hing Tairo Market who came to Hong We have only, his account of the gathered by the Police acting un-

Kong to obtain employment for his report he made, to the Palice. He younger brother. It appeared that said, he did not, ask to have the der instructions from the Govern Fook firm of decorators. ment. There has been no way of

he owed the third defendant some plaintif Kerested, but assuming fading out the number of unem

money, and the defendant alleged that the Police Inspector made a that the plaintiff intended to very krave mistake in sending a ployed among the workers whose unions have been dissolved. It is and Cheung Tang Ip, all of the go abroad without repaying the detective, without a warrant to thought that they must be at least ing Yuen Garden, and So Muneney. He therefore went to the bring the plaintif back, Cheung Ting. of No. 203, Queen's Road District Officer at Taipo to seek Tai Kwai acquiesced in all that: equal to the number just quoted.West. The case came before Mr. advice, but he was not able to get was done.

Krew What Was Being bone. was in Court at the time. He sub The detective did not know the "General business depression" is Justice P. Jacks at the Summary an interview, as the District Officer plaint with Inspector Watts of the result, Chinese detective was and directed them. He travelled Taipo Police Station, and as a Present in all the proceedings which took place in Hong Kong sent with him to bring the plain back to Taipo with the plaintiff tiff back to Taipo from Hong Kong and the other two defendants in Inspector Watt has since retired the afternoon, he protested against nothing that we done, and there is no evidence that he had told the other defendants that they were going too far.

shipping, to avail themselves of this given as the chief reason for these Court, the defendanta being represequently went to lodge his complaintiff, but Cheung Tai Kwai was

opportunity and buy the Govern- ment vessels. Any one desiring to make a purchase must send in a written petition to the Naval De partment stating the name of the vessel wanted and the amount-

offered which must be at least what the Department ask for it. The vessels will then go to the highest bidder. They must be cleared off between now and October 10th. At the time of sending in his tender the prospective buyer must make a deposit of 20 per cent of the upset price of the vessel. If he gets the vessel, this money will be deducted from what he pays and if he is outbidden his money will be refunded at the end of the month.

The ancient flotilla lies at anchor on the Pearl River and its units are open to inspection upon pro- ducing a permit from the Naval Department. Many of these vessels wego sunk during the fight in 1928 in Canton between Liu Chin Wan and Yang Esi Min on the one side and the Allied Forces led by Chiang Kai Shek on the other and subsequently salvaged. As they are no more use as warships it is thought they would do as merchant ships of a sort.

KWEICHOW AND THE LEUNG KWANG PROVINCES.

ENVOY AT CANTON.

4

sented by Mr. J. M. Remedios.

Mr. Russ in outlining his case, said that the amount was for the corations on the opening day of the garden and that the trouble had arisen owing to changes in the management of the defendant com

pany.

business, in quite an efficient man-

men being withous work. The pro- bien has been urgent for the past ten months and more, and is getting more acute every day.

It is not confined to any particu lar trade, but the slump is general

When the order was given to the throughout the city. Another cop-nlaintiffs, the general manager was He and an tributory cause is that the em- Tsang, Yuk, Ting. ployers have been allowed a greater assistant manager looked after the degree of freedom in hiring and net,,It very often happens in z discharging their employees. Con- company like this, however, that sequently they retain only the best there are shareholders who believe workers. This has particularly themselves to be Napoleons of been the case with the shipping Finance. There were in fact three merchants, both foreign and native, or four persons of this type who went round to the shareholders and who have recently discharged more

made them dissatisfied with the than 3,000 of their unionist em- ployees and have hired non-union directors. A meeting was accord- workers to fill their places.

ingly held and the general manager and assistant manager were in- formed that their services were no longer required:"

A recent statement of the number of unemployed and their trades was as follows:

Stone Cutters .............. Blanket and Feather

Workers

2,345

120 40

Paper Dyeing Workers..... Store Cashiers and all-

Found workers... *300 Fire Crackers Workers.....

Matshed Workers

50

Jewelery Workers Theatrical Musicians

Επίση

50

100

38

Sack Wrappers

60

Seamen's

Kwangtung

Branch

Theatrical

... over 5,000 Garments

Workers Union

84

200

The

Chinese

Union,

Pile Drivers Union... over Chinese Opera Workers

and Actors Union

400

Totál......... 8,800

This army of unemployed in CO.OPERATION DESIRED.

cludes several hundred women. In some cases the number of female FROM OUR CHINESE COLRESPONDENT, unemployed in a trade exceed the number male out-of-works. CANTON, Sept.. 13th. Thus among the Chinese Opera and Actors Union the number of females

of the Provincial Government of Kweichow, arrived in Canton this

of

50 en unemployed.

MONTH.

had been conferring with General Wong Shiu Hang regarding the work of reconstruction going on in that Province. The Kweichow En- voy is staying at the Headquarters of the Canton Chamber of Com- of the 15th Army in Kwangsi Guild House on the East Bund. He was escorted there by a group soi officers from Headquarters which had been informed by a telegram from General Wong Shiu Hung of the arrival of the Kwei- chow representative.

from the Force on a pension.

Mr. A. Arculi conducted the care for the plaintiff and the first and second defendants were repre- cented by Mr. G. S. Hugh Jones,

As the Police Station he left the THE JUDGMENT.

plaintiff in charge of the Inspector Following is the full text of the without any inquiry as to what was His attitude accord. judgment delivered by Mr. Justice to be done.

throughout. He said that he did P. Jacks at the Summary Courts to his account is acquiescent not ask to have the plaintiff ar yesterday afternoon.

This is a claim by the plaintiff rested, neither did he ask to have for the eum of $1,000, as damages the plaintiff imprisoned, and yet for false imprisonment. The facts he saw both being done as a re- are shortly as follows: The plain-sult of his action and raised no tiff is a sherman living at Taipo protect. I cannot accept this se Market. The first defendant is exempting him from liability for shop assistant in the employ of the what followed. third defendant. The second defen- dant a detective stationed at Taipo and the third defendant is aash dealer and a partner in the We Shing Hing Lung at Taipo Market.

The Low On Liability.

казе.

I

I need not deal with the law on what constitutes false imprisonment

admitted in this is false imprisonment has been will therefore confine my remarks to the liability. Sir Frederick Pollock hix Law of Torts says, "Every ne is answerable for specifically directing the arrest or imprison- ment of another, as for any other act that he specifically commands

The plaintiff was indebted to Cheong Tai Kwaif the third defen- dant to the amount of $300, or more. On or about the 27th June the t third defendant heard that the plantill had sold his ship, had bought a ticket for Sandakan and was about to leave the Colony or ratifies. Nor does it matter if Whether, this is true or not I de he acte in his own interest or in another's. But, one is not answer- not know, but the plaintiff denies able for acts done upon his in it. In any event on June 27th the formation or suggestion, if done by plaintiff did come to Hong Kong

WAL.

All Responsible.

Committee Of Four. Continuing, Mr. Rusa said that as a result of this action the two managing directors retired and a sort of Soviet Committee' of four, shareholders took charge. Al the time of the change the retiring directors insisted that the members of the committee should deal with all debts owing, by the company, This arrangement was put in writ- ing, and As frequently happens in cases of this kind, when untried people take business posts, the com- pany proved a hopeless failure, but as these representatives have taken aver, dismissing the managers and undertaking to pay the debta, we

in the 11 am, train, and the thirday officer of the Law, if they are 'done, not merely aa. ministerial are bound to sue these four repre- defendant lost no time in follow acts, but in the exercise of the sentatives."

Coming to the hill, Mr. Russing for he travelled by the sex officer's proper authority and dis-

train about an hour later. Before cretion." The case of Grinham said that he had taken it to the leaving he went to see the District willey quoted by. Mr. Hugh Jones Court's interpreter, but it was so Officer, no, doubt to obtain advice illustrates this in that case the full of technicalities that it looks to what course, he should pur police constable in exercise of his ed something like a lawyer's hill sue in the circumstances. It was to the layman," concluded Mr. unfortunate for him, that the Dis. proper iscretion, arrested the Russ

Evidence, was then given by the trict Officer was engaged in Court plaintiff, the defendant only signed at the time, and Cheung Tai Kwai the charge sheet after. In he manager of the plaintiff firm.

Mr. Remedios, without calling was in a hurry to get on, the track case before me the Inspector, WEE Mr. Mo Yueh Tsiu, the Envoy unemployed, is 320 as against the evidence said that he had no chip of the plaintiff, for he then went Dot exercising his "proper author to the Police about it. In doing authey creion. He had be to "answer. He submitted that the

authority, or discretion in so he made his arst mistake, for first defendant had not signed the morning from Kwangai where he OVER 30 BANKRUPTCIES A agreeinent, and further the agree- howevor efficient, the police may be case, such as the third defendant's The case of Sewell, National ment only bound defendants to pay in their own affairs, they are no the company's debta from the com- legal advisers.

Telephone Co., Ltd., differs from The dutcome Of The Story."

this, for in that case there was no In conversation with the officerspany's assets and not from their

Cheung Tai Kwai saw the Police evidence of any authority by the own pockets.

His Lordship concurred and gave Inspector at Taipo and told him defendants or on their behalf to

defendants judgment for

with that the plaintiff owed him $300 the constables to arrest the plain- costs. His Lordship also held that and had told his ship and was tif. In the case the defendants the company should have been going abroad. Whether he told the took part in it and left the plain-

Inspector anything more. I do not tiff in custody." sued.

know, as the Inspector has retired on a pension and left the Colony. but the outcome of the story told m This activity on the part of the by Cheung Tai Kwai was that the defendante distinguishes this case Mr. Mo said that he had been

Inspector sent a detective to Hong from those which have beeh quoted in Kwangal conferring with various

Kong with Cheung Tai Kwai to to me, on behalf of the defendanta.

I hold that the defendants are Government officials regarding

take the plaintiff back. the mining industries and the can

I am sorry that Inspector Watt responsible for the error which the Atruction of provincial highways.

could not be called to state what Inspector committed by reason, of He was in Liuchow on the 8th of

the complaint made to him was the active part they took in the this month and had a lengthy talk

and why he acted in the way he proceedings. with General Wong Shiu Hung.

did. At Taipo Railway Station the The first and second defendants The Kweichow representative was

first defendant joined the party were not entirely free agents the highly pleased with the fine pro-

On arrival in Hong Kong the de-first was acting under instructions" vincial highways of Kwangsi. He Kwangtung, Kwangs and Kwel-

fendants soon found the plaintiff from his master, while the detec was told that over 5,000 lis of roada chow, but also Hunan and Yun- have been completed and other hah. When the Marshal was last keeper was found to have in hand took him back to Edipo where tive was acting under the orders roads are under construction. The in Canton, he proposed to establish possession 12 coils of ropes he Kweichow Government wished to an industrial bank with a huge lieved to have been stolen. He was he was taken to the Police Station of his superior officer, but he is co-operate with the Leung Kwang capital to supply money for indus also charged with not entering this and detained for two nights. He liable notwithstanding, for, he was I give judgment for the plaintiff Provinces in all reconstruction trial undertakings in these five item of his, stock in bis books in was then brought up before the acting without a warrant.

Each of these Pro- accordance with the terms of bis District Officer and discharged. Provinces.

against all three defendant, with Solicitor's Admission. work.

At some later date General Chow vinces was to put in a certain

The plaintiff's story of the arrest costs I award him 8100 damages Si Shing, Commander of the 25th amount of capital. But private Army and head of the Kweichow capital is also invited, so that the was brought before Mr. W. Scho- differs from that of the defendants against the first defendant, 8100 Provincial Government, will also bank was to be semi-official, and field at the Kowloon Magistracy in detail. He says that force was against the second defendait and

An Appeal? N make a trip to Canton. Such a semi-private. Especial efforts will yesterday. Mr. C. A 8. Ruse up used, he was roughly handled and 8300 against the third defendant;

that he was compelled to return Defendant antered a ples of to Tripe. The defendants' account Mr. Hugh Jones, applied, for a trip, has, been proposed and the be made to induce the rich over-pearing for the defence. Canton regime is most eager to see seas Chinese, particularly those him. But, it is not known with from the Straits Settlements, to guilty, and said that the rope of it is that he came to them when day of execution pending the con- any degree of certainty as to when invest in the project. Märshal Li were bought by one of his for they beckoned to him and went sideration of an appeal

Hie Lordship: Shall I stay it for he will be able to come, Kwcichos has been conferring with the repre- without his knowledge; consequent back with them almost cheerfalls is & mountainous and poor pro- sentatives of these Provinces in ly the-item was not entered in his There may be some truth in both fourteen days!-

stories, but the detective said that Mr. Hugh Jones: The counsel but has of who are all in accord books vince, but he allege amount of Wanking proposal. The Committee Mr. Russ asked for leniency ay he understood his orders were to whom woskishe ngase Conne view to developing his Province on. Reconstruction has alreadying that since the action was take the plaintiff back and that he case is at precent away on VACA-

a man had brought sale I formation of the projected bank ropes to the defendant for sale, and the document, has heen for- and taking the lesson to heart, he have no doubt that the back before-that time. As mat A BIG BANKING PROJECT. warded to the Provincial Councils made searching enquiries with the plaintiff was not free to do as heter of fact most of the members of His Lordship asked Mr Argulli of these five Provinces for ton result that the man it once ran pleased and went back under com- the local Bar are at preferit away. The defendants' solicitor has whether he had any objection to one 1 more enthusiastic siderationAs soon as Marshal Li away. Defendant gave chase but pulsion.

was unable to catch the mo about the industrial development returns, to Canton from Nanking, His Worship Sned defendant admitted the arrest and imprbon judgment bemg stayed for a month. of the South-Eastern Provinces conference will be held to discusa

but ubmits that the third defen-leave the matter in the hands of than Marshal. Li Tsai Hain, who the capitalization of the instit. $500 on the charge of receiving ment and that both were wrongfal. Mr. Arculli, said that he would dant did not authorize it. The his Lordship, and judgment was want to coalidate not only tion. The headquarters of the stolen property and 8100 for not making the necessary entry in biz

third defendant, Cheung Ter Kwai layed accordingly to Datobar 13th bank still be ip_ "Continued-on-seat-Columa)

book

of visiting Canton.

merce our correspondent was in- formed that the number of firms going into bankruptcy is greater now than ever before. They said that for the past few months the number of firms in liquidation that have been handled by the Chamber has been between 30, and 40 per month whereas formerly it was only two or three, at most for the same period. Many of the shop keepers simply packed up and secretly left their establishments because they were deeply in debt and could not face their creditors.

L

wow You! In trata

STOLEN SHIP ROPES.

"FENCE" HEAVILY FINED.

PLEA OF IGNORANCE NOT

ACCEPTED;

As a result of several com- plaints made to the Police by masters of vessels, who had their ships' ropes stolen, a Marine store

licence.

The master of the marine shop

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