1931-01-29 — Page 7

V

LOSS TO CIVIL SERVICE,

DEATH OF MR. A. DYER BALL.

PASSES AWAY IN ENGLAND,

We regret to announce the death of Mr. A. Dyer Ball, formerly of the Hong Kong Civil Service and later of the Ceylon Service. The sad nows is contained in an official notification sent to us by the Colonial Secretariat, which states that be passed away in England last Sunday.

A MEMOIR. The news of the death of Mr. Arthur Dyor Ball has come as a great shock to his many friends in this Colony, Although it was known that Mr. Dyer Ball had not enjoyed the best of health since his

transfer to Coylon, few of his friends were aware of the fact that ho was seriously ill. It appears that he had gone heine on long leave in the parly part of 1933, and that, just prior to his return he was attacked by influent. He did not improve in health. on the voyago out, and just, after his re- turn about the end of October he contracted molaría, from which be had periodically suffered during a considerable portion of his servico in the Far East. His heart bocame affected, and a Medical Board granted him six months' sick leave. He sailed for England on the 10th of December, 1930, but became weaker during the voyage and died about three weeks after he reached England

As a civil servant the late Mr. Dyer, Ball made his mark on the legal side of Government Service, and it was confidently expected that he would rise to high rank, The son of an old Hong Kong civil servant, Jamo Dyer Ball, who earved this Colony from 1875 until he retired on pension at the end of 1908, he was born in July 1888, and was educated at Mill Hill School and Exeter College, Oxford, where ho took his degree as Bachelor

of Arta (Classics) in 1911. He was

PUTHANS IN FREE FIGHT.

TWO VERY SERIOUSLY

INJURED.

BROTHERS SET UPON BY

COMPATRIOTS,

HONG KONG DAILY PRESS, THURSDAY, JANUARY 29, 1931.

PRESS CENSORSHIP

CASE.

LEGAL SUBMISSION BY DEFENCE.

"GROSS ABUSE OF POWERS."

CORRESPONDENCE.

[All letters intended for publien..: tion must be "accompanied by the name and address of the writer, not for publication, unless so denir. ed, but as evidence of good faith. Eb.l

CHRISTIAN SCIENCE CLAIMS:

DAILY PRESS."]

Bin-In the Time Literary Supplement dated December 11 last there is a long review of a now took on Mrs. Eddy by Dr. Lyman

CANTON GOVERNMENT

BONDS MISSING.

CUSTODIANS DISAPPEAR AND THREE OFFICIALS SUSPECTED

(FROM OUR OWN CORRESPONDENT.]

CANTON, Jan. 28.

a

It was recently discovered that

bonds for the construction of steol-concrete bridge across the Pearl River at Wai Sun Road word stolen from the Municipal Treasury by those in charge. The exact amount of the bonds missing is not known, but is believed to be great. An investigation is being instituted. Threo custodians of the bonds absconded when the theft was dist covered.

A lengthy legal submission was No little excitement was caused (mado by Mr. F. H. Loseby at the [TO THE EDITOR OF THE "HONG KONG large quantities of Government in the vicinity of Kong Ming Street, Central Magistraby yesterday to Wanchai, on Tuesday night when a the effect that the regulations number of Indians engaged in what concerning the censorship of Chi was described as a "free fight withnese newspapers were ultra vires. knives," as a result of which two Mr. Losoby is defending one of the men are now lying in a serious defendants in the case in which condition at the Government Civil

a number of Chinese newspaper Powell, and inter alio the reviewer Hospital. Four others hayo also editors and publishers are summon says:-Dr. Powell gives an im been admitted to the Hospital buted for alleged evasion of the Censor.pressive account of the wealth their injuries were not of a very Mr. Losoby said at the conclu of matter utilized. A biography, serious nature. The first two are:- Mohamed Asah (38), a watch man, whose address was given as 12, Kong Ming Street, 3rd floor,

and

J

Indian

Mir Aslam (29), an guard, of the same address. Both these men are suffering from stab wounds in the abdomen, and when a Daily Fress representative called at the Hospital, Ire was in- formed that the inen were in a very serious condition. The other four admitted to the Hospital are:-

Sobar Khan (28), unemployed, of 20, Star Street, suffering from & scalp wound,

Abdul Khanan (26), of the same address, also suffering from scalp wound,

Mir Akbar (30), polles guard, of 12, Kong Ming Street, sufering

sion of his legal argument that his instructions were that his clients object was to get rid of the censor ship. He added that, of course, even if they failed, they still had the constitutional right to appeal also appeal to the Imperial Parlia to the Governor and they could

ment.

he declares, as rarely written, as completely us this; from original sources. The result may satisfy Christian Scientists-but only

Christian Scientists.

The reviewer goes on to remark

tian Science and its founder wore that two books inimical to Chris published in 1999, and that one of to the effect that the Ordinance the fullest and most carefully In the course of his submission these Mr. Dakin's" biography-is. itself was ultra vires to the Con- documented account of Mrs. Eddy atitution and to the Governor's and her work as yet available, and

The Government has offered o

reward of $1,000 for information leading to the arrest and conviction

of the thieves. Notices to this

posted on the walls and telephone newspapers in the city and are effect appear in all the leading

poles at conspicuous places,

have been placed under surveillance, charged with neglect of duty.

Three other municipal officials

Mayor Lin Wan Koi, in a noti

powers, Mr. Loseby said that even that it is by any standard an imfication to the public, states that if he was wrong on that point, he pressive compilation. The other would submit that the regulations briefer study by Mr. H. A. L themselves were ultra vires. "If I Fisher-carried, if only by virtue

more bonds will be issued. Those sold, amounting to over

am still wrong, I shall submit that of its author's public and academic 8300,000, are being carefully check- the continuation of the regulations position, a weight which the in-ed, and the number of each bond from a stab wound on the hip join the strictly legal sense-is ntellectual quality and dexterity off and its value are being made known.

region, and

Akdur Gul (22), a private watchman, of 13, Kong Ming Street, who had a finger cut.

Long-standing Grudge.

gross abuse of the powers granted it, criticían entirely sustained

in times of danger and emergency.". Neither of these books has been Mr. Lindsell: The same argu- answered by the Board of Directors ment would apply to the selling of of the Church founded by Mrs. chocolates after 8 o'clock under Eddy, according to the reviewer, the Defence of the Realin Act at while in the same gentleman's Home!

opinion Dr. Powell's Biography

How the fight started is not yet known, but it is understood that it was the result of a long-standing grudge. At one time, 20, Star Mr. Lossby: Oh, nol Thero is add nothing but ignores a great Street, was the headquarters" of a vast difference between the Ideal! And last year Truth "com quite a number of shipguards, perial Parliament, and the Colonial mented on the manifest absurdity watchmen and chauffeurs, most of Legislature. The Imperial Parlia of taking as "inspired "wholo whom were Puthansa fighting race | ment can do almost anything ex-passages. in Science & Health " from the North of India. There cept make a black man white. which had been, lifted" by Mrs was a split in the party about a Mr. Lindsell: Or a woman n Eddy from the works of well-known month or two ago when Sobat Khan man?.......

writers, among them Carlyle! end his brother, Abdul Khanan, were deserted, the others moving to a Bat nearby. Nothing happen- when it was alleged that "the ed, however, until Tuesday evening: made an attack on the brothers.

Governor's Powors,

The reviewer concludes: "Tho Mr. Losoby went on to say that main effect of this curicus volume the Imperial Parliament was

ais to impress the reader not only constitutional Parliament in which with the morit but with the every subject had a right to raise practical value-the necessity oven-

the ringleaders saking Schut Khan representative.

The fight started with one of any question through his or her of Mr. Dakin's authoritative work Here in Hong which still remains unshaken" as

for a short time a Master at Mill down into the street; immediately

MEMENTO MORI Swatow, January 27.

he emerged, a hostile group of his Kong," said Mr. Losoby, "we have the standard book upon the sub compatriots set upon him, The got certain powers given to afect."Youra, etc, alleged assailants are said to have Governor for uso, at a certain time been armed with sticks and iron bars, Abdul Khanan went to his brother's assistance, but within a few minutes the two were knocked practically unconscious, although, in the meantime, they managed to in- jure four of their attackers.

Chinese Look On.

and I say that if these powers are wrongly used or in any way abused, then my former remarks apply."

to the public.

MARSHAL CHIANG ENTER. TAINS KWANGSI PARTY.

DIFFERENCES FORGOTTEN AND CORDIALITY PREVAILS.

(FROM OUR OWN CORRESPONDENT.]

NANKING, Jan. 97.

eral Wu Ting Yang, Marshal Li , General Wong Shiu Hung, Gen-

Tsai Hain and a few other: Kwangai leaders were the guests of honour Marshal Chiang Kai Shek, after at 'n luncheon yesterday given by which the Kwangsi párty visited the Sun Yat Sen Mausoleum on Purple Chiang Kai Shek. Hill, accompanied by Marshal

The following evening the Kwang.

si party were the guests of honour

at a banquet given by Hu Han Min, Past differences were forgotten and

cordiality and harmony were clearly

manifest.

Hill, but roœived his appointment in November, 1911, as a Cadet in the Federated Malay States Ser- vice, and came out in November, 1911, with about thirty. Enstern; Cadets, among whom was the pre- sent writer. In July, 1912, he went

Referring to a judgment by Sir think that must follow and that to Canton to study Cantonese and

Henry Gollan, Mr. Loseby said: must be your finding and that must passed his final examination in

"The learned Chief Justice has held be the law. You have also got to March, 1914. A might have been

that it is not competent for the Bo further and say that the new expected of the son of the author quarter of an hour, and although a Court to look into the question of body may have greater powers than of so many books both on "Things crowd of Chinese had collected to whether an Ordinance has been the creating body. You will also Chinese," and on the study of Can-witness it, not one of them stirred. reserved or not. But I say, that have to say that powers given for

They just looked on and did not tonese, ho was a sound Chinese even inform the police and by the the Ordinance is nevertheless ultra se on occasions of great danger Nanking is willing to grant a sub- scholar. After a brief period of time the latter cams on the secne vires, and that there is a very great and emergency can be used after

the danger is passed.”

Mr. Lindsell: Who is to say that that danger is passed i

service in the F.M.S. he achieved his desire and was, on 30th March, 1015, transferród to the service of the Colony in which he was born. His first post was that of Assistant District Officer South and in 1917 ho qualified in. Hakki. He then served as Second Police Magistrate in the Imports and Exports. De partment, and in 1918 acted as Assistant Colonial Secretary and Clerk of Councile. He went on long leave towards the end of 1010 and in June, 1920, he was called to the Bar. (Gray's Inn.).

The battle royal lasted about a

everything was over:

constitutional safeguard in the In-

structions.

The police discovered the injured brothers lying in 20, Star Street, and realising the graveness of their Mr. Losely went on to submit that condition, Lad them sent to the the regulations concerned in the Hospital without delay. The other. injured men were also admitted to

case were bad because they were

Mr. Loscby: The best way to determine that is to ask "What have we got left!"

the hospital, their multiple injuries absolutely without any limit what giving an indication of the serious- soever. He naked the Court to bear Mr. Lindeo: The greater part

noss of the fight.

The rest of the participants are not in custody but it is understood. the police are making an effort to

round them up

in mind that some of the regula of that danger may have passed tions passed under the Ordinance but some part of it may have re had since been repealed." There mined.

In Arthur Dyer Ball the State has lost a brilliant officer who would have risen high in his profession; but it is for the man that his many friends grieve. The present writer knew him intimately from 1011 to should take cognisanes? 1927 and during those many years cannot recollect a singlo exhibition

2

is no question whatever," said Mr. Mr. Loseby then went over the Losely, that the emorgency under regulations one by one and point- which these regulations were made ed out that practically all of them is any longer in existence."!

had been repealed. He concluded Mr. Lindsell: Do you say that by submitting that the Ordinanco On return from his leave he

that in a matter of which the Court was in fact ultræ vires, and, fail- served in Stoond Mngistrato, Asalat.

ing that, that the regulations were. ant Crown Solicitor and Assistant

Mr. Loacby: No, Your Worship. ultra vires. Ho further submitting Attorney-General. While in 1923 he of ill-temper. His nature was

Mr.Whyte - Smith (for the that the regulations had not been vas, in addition, appointed Editor, genial, equable and sunny. In his Crown): Surely that is a matter properly made because there bad Ordinances of Hong Kong, 1544 Oxford at hockey and it was only for them to shy, whether a state of that the Colony was at the time Varsity days he had captained for the Legislature to decido. It is been no proclamation or declaration 1023. With this work, so ably no due to the fact that he was a con complished, sot behind him, he temporary of the brilliant A. F.emergency is still in existence. of the making of the regulations turned after his leave to new Leighton of Cambridge that he was

Mr. Lindsell. I should say the in a stato of danger or emergency. nover capped at outside loft for

"Even if I am wrong," said Mr. edition of the Regulations of Hong, England. He played inside left whole power is in the hands of the

Loroby, in every one of these Kong, while serving in the mucces later on and was the star forward Executive.

points, I still say without hesita siva posta of Official Receiver and of the Volunteer tram in 1918-16, which won the Military Hockey Assistant Attorney-General. He fangue with twelve, Victories out of

tion that the bringing of this charge is a grasa abuse of the powers had also noted as Puisne Judge twelve matches, played,

He married in the autumn of 1915

granted to the Governor for use în from April 23 to October 17, 1024,

times of great danger only.". when the Rents Ordinance brought and had one son, Denny who is many difficult legal cases before the now about "oleven and is at the

After Mr.Whyte Smith had re Grango School, Folkestone. Hin Mr. Dyer Ball discharged-us-1920 and towards the end of

Loseby, the ngistrate indicated many duties with auch ability that he was married in Colombo to Miss

that he would givo a written legal it caused, no surprise' when, in Robinson,, & sister of Mrs. A. B. January, 1927, he was appointed Rayworth, who is now in Hung nance, erante another body which opinion on the legal points raised Legal Draftoman to the Attorney Kong. The deepest sympathy of all shall have powers of legislation to the matter was clearly of con General of Ceylor, the position goes out to Mrs Dyer, Ball and without the constitutional checks siderable importance to the Chinese which he held at the time of his Denny in their sorrow. We, who

Pross dosth

were ins friends, will ever remen imposed on the original body. I The case was adjourned until (Continued at foot of next column.) bor him.-E.W.H.

Mr. Lossby: And the Executive in this case is apparently in the position of usurper.

"Constitutional Powors, Continuing, Mr. Loseby said:

your Worship Has to had that delegated authority may, by Ordi;

(Continued at foot of next column.) | February D.

|

After the banquet last night the Kwangsi party went to the private home of Marshal Chiang, where a round-table conference took place. Among the matters decided upon were (1) that General Wong Shiu of both civil and military affairs of Hung should tako complete chargo Kwangai; (2) that the Kwangsi troops be reorganised and reduced; (3) that a portion of the Cantonese troops should be stationed at Wu- chow; and (4) that should there be difficulty in raising money for the maintenance of the Kwangsi army, sidy, the exact amount of which is to be decided later. "As to Chang Fat Fui. Li Tsung Jen and Pei Chung Hai, the Central Govern- ment will most likely give them funds to enable them to go abroad. ing for the arrival of General Chen General Chiang Kai Shek is wait-

Teal Tong, who left Canton for Nanking several days ago in com pliance with his request. After con- for a settlement with the Canton General, Marshal Chiang will place them before the National Council for consideration and approval.

sultation on the above conditions

CIVIL SERVANTS' SALARIES.

REVISED SCHEMY TO BE CONSIDERED.

In connection with the payment,

Colonial Secretary, will move the of, sterling salaries of Government servants on the revised basis, the

following resolution at to-day's meeting of the Legislative Council;

That this Council approves | the modification of its resolution of the 10th June, 1830, on the Balarica Commission Report (betj out on page 58 of the Hong Kong Hansard for 1930) by the addition thereto of the following proviso: Provided that, as from the list of January, 1931, and until the ques tion of the exchange rate for sterling salaries paid to Govern- Mokes

the Colony is next reviewed and until such rate is altered with 1 the approval of this Council, this, Council approves that such salaries be paid as to half thereof i at the rate of 1/6 to the dollar. and ne to the other half at the prevailing Hong Kong Treasury rate.!!

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