1929-06-05 — Page 4

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THE HONG KONG DAILY PRESS, WEDNESDAY, JUNE 5, 1929.

PROPER LENGTH" OF NOTICE?

NEWSPAPER ENTERPRISE, LTD., SUED.

FORMER SUB-EDITOR'S CLAIMĖ FOR $1,000.

The question as to whether three months or six months should be the proper term of notice between a sub-editor and a newspaper pro- prietor came for decision before the Puiane Judge (Mr. Justice Wood) at the Summary Court yesterday, when Mr. Harry Cooper sued the Newspaper Enterprise, Ltd., for! 21,000 as damages for determina. tina of his service without renson

able notice.

COURTS-MARTIAL AND THE PRESS.

THE HARBOUR. BOARD.

KAIPING HOUSEHOLD COAL

Orders should be sent.

ton:-

In Lots of not less than

Note Reduction in Prices.

STRANGE MISUNDER-

DUTIES AND PERSONNEL

in writing not

by telephone

' least 24

hours before

STANDING.

OFFICIAL ORDERS MISCARRIED?

It is expressly laid down in King's Regulations that Courts-Martial be held in public, and that the Press be admitted. The authorities have long recognised that such pro cedure is, in the interests of the public as well as in the interests of the ranks or ratings concerned.

REPRESENTATIVES OF CHINESE CHAMBER. "

One of the subjects discussed at the Chinese Chamber of Commerce yesterday was the proposed forma tion of a Harbour Board. The secretary indicated that the Govera ment had written to the Chamber giving details of the proposed

In Hong Kong, for some time Board and asking the Chamber to to the past, Press representatives have en-nominate two members countered great difficulty in obtain- Board. ing access to such proceedings. Moreover, no intimation has been

It was announced that the Coth-

Mr. M. M. Watson (of Messrs. Johnson, Stakes & Master) appear-received at any time from an official mittee of the Chamber had appoint.. source of the fact that Courts-ed Messrs. M. K. Lo and T. N. Martial are to be held. In every Chan" as the Chamber's representa- instance, information has been re- ceived from outside sources.

ed for the plaintiff, and Mr. A. el Arculli was for the defendants.

Outlining his case, Mr.. Watson said that Mr. Cooper, entered the service of the defendants on June 1.

Yesterday's "Misunderstanding,” 1997, as a reporter at a salary of $200 a month. In the following A Daily Press representative-a month, the plaintiff entered into a European-had an annoying experi written contract as sub-editor-re-ence yesterday when he sought to porter at a salary of $350 per obain admission to the Court month, rising to 8450 in four years. Martial at Murray Barracks. At 2 The contract contained a three p.m. he arrived at the gates of the months' notice clause, and also pro- barracks and informed the sentry vided a passage Home for the plain that he wished to attend the Court. tiff if he completed the term, He was refused admission, and told to "wait" until "somebody".

ehme.

tives on the proposed Board, the Government having asked for repre- tätives who were thoroughly conver sant with shipping, local trade. docks and wharves. Mr. Li Yik Mui, the Chairman asked that the appointment of Messrs. Lo and Chau be confirmed and this was carried with applause.

Later two senior members of the staff, Mr. McDonald and Mr. Dobbie, left the defendants' ser- At 2.90, weary of standing in the The constitution of the Board as vice, and plaintiff was placed in sun among a trowd of coolies seek- editorial charge of both the China ing admission to the barracks, the outlined in the letter to the Cham- Mail and Sunday Herald. The Pressman got into telephonic com- her is as follows:- plaintiff continued to be in charge manication with the office of tas of the two papers under December South China Command Headquar- 12, 1095, when he wrote a letter to ters, but without getting any satis Mr G. W. C. Burnett (Managing-faction, as he was told by a Chinese Director) suggesting an increase of there was "nobody" in the office. salary as he had to do more work A: 2.30 he returned to the gate, and and held a more responsible position was again told by the sentry to take than formerly.

up a position among the coolics.

Mr. Watson pointed out that when this letter was written, the plaintif was drawing 8450 per month, as his salary had been raised by 250 at the end of 1997, and again in May, 1928, Therefore within the first year the plaintiff was getting the salary he was entitled to for the fourth year under the contract.

Mr. Burnett replied the next day to plaintiff's letter suggesting that he should resign. Plaintiff, however, did not rosiga, and on December 28 he was served with three months' notice under the contract. It was the plaintiff's submission that the con tract of July, 1927, automatically became void when his status chang ed from that of sub-editor-reporter to senior sub-editor, and that there after he was governed by a general hiring under which he was entitled to six months' notice according to the custom among journalists who beld responsible positions,

HARBOUR BOARD TO ADVISE THE GOVERNOR. 1-To advise the Governor and the

Government of Hong Kong in any manner touching or con- cerning the harbour of Victoria as to which the advice of the Board may be sought by, the Government.

2-To watch the interests of the Colony as affected and served by the said harbour.

At 2.39 the sentry Bent for the Lance-Corporal of the guard, that individual eventually arriving at 2.45. The corporal took the cookies into the barracks but left the Press- man-standing at the gate, where he was quickly. surrounded by a fresh. crowd of chit coolies and com- pradore's boys At 2.47 a staff- sergeant entered the gate, and the Pressman appealed to him for assist ant. Finally, at 2.57, a private came upon the scene and conducted the Daily Press representative to the room in which the Court was sitting, after nearly an hour had been wast- ed in waiting for admission.

Who was responsible for this misunderstanding? We understand in the similar trouble occurred morning, and that H.E Major. General Bandilands and Colonel Brownrigg, on being appealed to,. at ouce gave definite instructions that the Press were to be admitted. It is a pity these orders were not as promptly passed on to the sex- tries.

Contract as Sub-Editor-Reporter. Mr. Cooper stated in the witness box that he had been a journalist" for 17 years in England and the Far East. Witness then spoke of enter- ing into a contract with the défend- nate as a sub-editor-reporter and his rise to the position of senior sub editor. During the period of bis employment, Mr. Burnett made sughe considered that three months' gesting for leading articles and notice was not sufficient. other editorial comment although he never wrote any himself.

In cross-examination, Mr. Cooper said that he had asked for an in- crease several times and Mr. Burnett had given him a vague promise of a partnership. When he was called upon to take over Mr. Dobbie's work, witness was led to believe

that was

ол A

agreement, new

although nothing was mentioned about the cancellation of the old contract. It was only when the question of his status was raised in the present ease that Mr. Burnett saw it to fall back upon the old contract which was understood to have lapsed by the course of events,

Opinions of Two Hong Kong Journalists."

went on to say that the duties Mr. Cooper carried out in the office were not consistent with the agree ment for sub-editor-reporter, and

:

Defendant's Point of View. Mr. Burnett, giving evidence in the witness-box, contended that although the duties performed by Mr. Cooper changed later, it was understood that the old agreement was in force. There had been no understanding that the raising of salary was to prejudice the agree- ment in any way.

Mr. Watson pointed out that both Mr. Barrett and Mr. Donald- son had given it as their opinion that six months was reasonable, notice. Witness said he could not agree. He thought that three months' notice was suficient. This was, however, the first case of the.. kind he had heard of in the Colony." Mr. Burnett denied that be ever offered Mr. Cooper a share in the business.

Mr. Burnett agreed that he did not write editorial articles, adding that he paid other men to do so. During a lengthy questioning, he that because Mr. maintained

To devise, evolve, prepare and consider ways, methods, schemes, plans and proposals to the end that the fullest and beat use may be made of the said har- bour and that the same way may be available to and aviled of by shipping of every kind with the utmost safety, facility and economy.

Delivered to Peak District

(above Bowen

Road), $23.00

per ton.

Delivered to Bowen Foad And Lower Lavals, $21.00

per ton. Delivered to Pokfulam Road, $23.00 per los. Delivered to

Kowloon,

$19.00 per ton.

For Price Apply to

the Coal is required.

"All orders must be so- companied by

Cash, Choque,

Or

Compra

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Order

payable

to

The Hailan

Mining Ad- ministration."

THE KAILAN MINING ADMINISTRATION

DODWELL & CO., LTD. Agents, Hong Kong.

Correct Lubrication means longer life to Engines and Machinery by reducing wear and rate.

The

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Economical Lubricating Oils and Greases.

ALWAYS IN STOCK,

In particular The Tide Water Oil Company.

and without prejudice to the generality of the foregoing. words to devise, evolve, prepare and consider schemes, plans and proposals for or touching or concerning-

(1) the improvement and develop-

ment of the said harbour; (2) the improvement, provision and maintenance of wharves, piers, seawalls, breakwaters, berths for shipping and other barbour works;

(3) The dredging or otherwise deepening of the said harbour and its approaches, and the removal of rocks, banks, silt and other obstructions;

(4) the maintenance, improvement and provision of ware-houses, godowns und places of load- ing, discharge, landing and handling of goods of every kind;

(3) the embarkation, disembarka-

tion and movement of passen. gers and their baggage; (6) the coalingy fuelling and pro-

visioning of ships;

(7) the lighting of the said har bour and its approaches;

SOLE AGENTS:

JARDINE ENGINEERING CORPORATION, Ld.

Pedder Street, Hong Kong.

Tel. Add: Jardeng ·

Phone: C. 3351.

[LIVE]

HONG KONG AND DR. SUN once again they may resort, to rea

YAT SEN.

SOLEMN AND IMPRESSIVE CEREMONIAL,

THE REPUBLICAN IDEAL.

son and coinmon sense for the settlement of their personal and party "differences. That would be welcomed by a country which bes for so many years been cursed with. civil warfare and whose people have suffered untold oppression from the. warlords.

For the sake of unborn genera Mr. Ng Tai Ping presided at the Memorial Service held in the tions in China, and for the sake of Modern Literary Association, Hok the prestige of the race, this form. Sze Terrace, on Saturday last, attive military campaigns must cease. of meaningless mutually destruc. the time of the obsequies of Dr. The merchant and peasant classes.

(8) the arrangement of the ah-Sun Yat Seu.

chorages and fairways;

(9) communication with ship-

ping; and

4

In the middle of the hail, was had suffered enough. Famine was. throughout the war-torn provinces

were

a photo of Dr. Sun in front of which

numerous floral wreaths. There was a large gather (10) the prevention, mitigation or ing, the room being crowded.

alleviation of loss, damage or After the ceremonial had been distress by typhoons and other Į performed, Mr. Ng Tai Fing, visilutions,

Chairman of the Literary Associa

claiming thousands in the north- western provinces, especially in Shensi. Trade had been needless by disrupted. Industrial develop ment had

practically remained stationary.

Let the Nationalist army groups". 4.-To make recommendations to the tion, said: Eighteen years ago if

Government touching or con~ a Chinese was questioned as to his get together and give some thought cerning any of the matters nationality, he would have bad to to the country and its suffering. aforesaid.

ay that he was a Chinese subject.es and let them arrange an As a matter of fact he was a Man-armistice with the Christian Gen-

ral and Kwangai clique. The coun The personnel of the Board is to chu subject and was more or less

A slave to a foreign Power. Today try must have at least ten or he would say "I am a citizen of twenty years peace. the Republic" of China.”

Cooper did other work than at first be as follows:- and had a rise in salary the agree ment and the paties clause had not goze overboard.

Chairman: The Harbour Master. Official members: The Director of

Mr. R. T. Barrett, senior sub- editor of the Hong Kong Daily Prees, a witness called by the plain- tiff, stated that he had only a alight acquaintance with plaintiff and was attending at the request of his Bolicitor. Witness said that he had been engaged in journalism since 1912. He agreed with Mr. Watson

The Hon. Secretary, Mr. Owen. that Mr. Cooper's position in

Au Yeung, said that though the Citizens of the Republic, charge of two papers was not com-

Association was young in years and patible with the agreement for sub-

The Chinese are deeply conscious the gathering was the first of its editor-reporter. It had been held Arculli said that the work of a sub Public Works, The Director of and proud of the fact that they are kind, he felt sure that all were in England that six months was the editor and sub-editor-reporter was Medical and Sanitary Services, citizens of that great Republic. 1 amembled that day, with the united customary, notice for sub-editors, so intermingled that it was cuts The Captain Guperintendent of is a privilege to be a member of purpose of paying homage to Dr. and that in witness's opinion was a draw the line between the two reasonable period of notice out case was that while Mr. Cooper was Police, The Manager of the Rail- the Republic, a republic, which be Sun and do honour to the Repub-

Heves in peace and goodwill; alic. Three months would be a sub-editor-reporter he was doing reasonable notice for a sub-editor the work of sub-editor, and although way and The Superintendent of Im-republic whose religion, philosophy, reporter. Bub-editor and sub:cditor: the work changed the agreement ports and Exports. Teporter were distinct grades in journalism.

here.

Addressing his Lordship, Mr.

His

stood. Both parties carried on in the belief that the agreement was in force. The additional pay was given ez gratia owing to extra work

literature and art are fifty centuries old, and whose civilisation is based Unofficial members holding office on morality and not on materialism. Mr. W A Donaldson, who stated

during His Excellency's pleasure: Who is this founder of this Re that he had been a journalist for

Four British Subjects, members of publie? And who would be so 2012 grateful na to forget such B Won' 30 years, gave evidence of being done without prejudice to the agree the General Chamber of Commerce derful reformer and organiser as connected with the China Mail and ment Sunday Herald as sub-editor on a In his final submission to his of Commerce, recommended by such Dr Bun, the Father of the four years' contract which had no Lordship, Mr. Watson said that in Chamber and nominated by the Nationalists. notice clause.

the case of dispute it had been laid Witness said that he had been down that the evidence of independ Governor. Two British Subjects, there about one year, but owing to ent journalists should be called. members of the Chinese Chamber of differences with Mr. Burnett he had He had called Mr. Barrett, an in- Commerce, recommended by such given three mädths nbtice. When dependent witness, who had said he gave notice he knew that six that six months was a reasonable months was necessary, but in the notice. This had not been challeng circulentances Mr. Burnett decided ed. This evidence had been support to-accept-base-montar fused by Me Void

(Continued on next Column). His Lordship reserved judgment

The End öf Oivil War in Eight?". Rumours are Dying thick these days concerning a pence movement among the rival military factions! believe that the military factions in Chamber and nominated by the in China. These rumours made one Governor.

Chind have come to regard the Ex-Officio Secretary: The Deputy pegal to arms an indecisive Way furbons Azsbes

of selling party choffits and mixt

The Programme.

The programme was as follows:- 1. Solemn gathering.

2. Three bows, to National Flag.

3. Recitation of Dr. Sun's Wil

4.

Three minutes' silence (exactly At noon),

5. Chairman's address.

Lamenting verse by Mr. Ng

Tai Ping.

7. Speeches (1) by Dr. Norman

P. P. Chamarette finterpret ated by Mr. Ng Tai Ping): (9) by Mr. Yuen Puf Hang (interpretated into English by Mr. Ng Tai Ping), 8. Slogans.

9. Photo taking.