1932-07-27 — Page 5

POLICE OFFICERS CHARGED.

ALLEGED ACCEPTANCE OF BRIBES,

STORY OF PAYMENTS. BY...

SHOP-KEEPER.

INTERNATIONAL

TREATIES.

THEIR MEANING AND LIMITATIONS.

INSTRUCTIVE ROTARY CLUB.

ADDRESS.

Allegations of misbehaving them- At the Rotary Club Juncheon selves as public servants were yesterday, Mr. I. C. H, Lim, made against three Indian members Barrister-at-Law, gave an interest-

HONG KONG DAILY PRESS. WEDNESDAY, JULY 27, 1932.

GLOUCESTER BLDG. SMASH.

WINDOW AND MARBLE

STATUE BROKEN.

„At Central Magistracy yesterday, the police asked for a formal week's rentand in Д case in which a Chinese is charged with maliciously damaging a plate glass window and a marble statue worth $900 at the corner shop of Mr. Haoul Bagazzi,

Building.

of the Police Force, Sergeant Mirza | ing address on "Some Recent sculptor and decorator, Gloucester Khan, Lance Sergeant. Feroze Shah | International Treaties," in the and Police Constable Birkat Ali, at course of which he said that if the the Central Magistriey yesterday, countries which wore members of

|

COLLISION APPEAL

CASE.

SPEEDS, CURRENTS AND CROSS-CURRENTS.

LENGTHY ARGUMENT

BETWEEN CHIEF JUSTICE

AND COUNSEL.

At yesterday's scesion of the Ful! Court appeal in which the Nippon Yusen Kaisha (represented by Mr. II. G. Sheldon, instructed by Mr.

KOWLOON DOCK TUG

RUN DOWN.

RAMMED AND SUNK BY RIVER BOAT.

THREE LIVES FEARED LOST.

The tug-tender Edith, which, to- gether with the Heary Keswick, was employed in the task of tow- in the disabled ss. Hirundo inte

Harbour on Monday night, was

rammed by the Canton steamer Tin Yat when about half way between

Green Island and Stonecutters.

It was indicated that the remand E. S. C. Brooks) are seeking to was in order that the police might quash the judgment. of Sir Joseph The tender was badly holod and

when they were brought before the League of Nations were to make some inquiries about the do. Kemp, in the original hearing. . sank rapidly and it is believed

Mr. W. Schofield on charges of accepting bribes from Chau Cho Fan, n shop-keeper, at 11, Sai Street.

Mr. W. lo Bart Sparrow. A.S.P., appeared for the prosecution, while the defendants were represented by Mr. M. K. Lo

adhere to the terms of their treaties the possibility of the outbreak of hostilities between any two coun- tries was remote.

Some of the International Ponce Treaties which I would like to pre-

fendant's antecedents.

Sergeant Macdonald stated that at 2.30 p.m. on Sunday the defend ant took the step-ladders from nar In the course of his remarks, Mr. empty shop two doors away from Lim said:

Mr. Bagazzle, took them to the complainant's shop and banged them through the plate glass, The require great force to have shatter. ed it. At one corner near the glass was a marble statue which was Sanocked over and broken. It fell on n marble bench near-by and chipped the latter.

Sheldon continued his address which lasted all day and which will be resumed this morning.

Mr. Eldon Potter, K.C., and Mr. F. C. Jenkin, K.C., instructed by Mr. M. M. Watson, are for the respondents (China Navigation Steamship Company, while the

that three members of the crew of twelve liave lost their lives.

Mr. F. J. Jounor, the master of the Edith, together with nine others were picked up out of the water after the sinking of the Edith. The three men who are missing may

Mr. Sparrow, in his opening sent to you are the Covenant of the glass was very thick and it would Court is comprised of Sir Peter possibly have been trapped in the

said:

League of Nations and the Bellogg "The principal witness in this | Pact. In my opinion if all Mem- case is the master of a shop in No.bers of the League and all the 1 Sai Street. He will say that signatures of the Pact adhere strict- from the middle of May last yearly to their treaty obligations the he has been in the habit of making possibility of war is really negligi- certain payments of money varying ble; in fact I daresay that it would from 82 to 50 cents to the three be so negligible that even the mili- defendants who were stationed at tary and naval experts would at the Upper Level Police Station once withdraw most, if not all, their during the time that these offences objections to a general disarma- are alleged to have takeri place ment, but as we all know such is

"On the 5th of this month In-not yet uur happy lot. spector Andrewes, officer in charge

A Great Drawback,

of that Station, went to No. 11, Sai Street, where ho made cortain The absence of sauction to enforce enquiries from the master who pro-any rules of International Law is duced an account book which gave certainly a great drawback. In particulars of payments mude to the Municipal Law we have the Police three defendants on certain dates, Force and the Courts of Law to giving also their numbers.

which redress could be sought and obtained. In International Law it

Payments Started Last Year.

"The payment, in the case of the first defendant, B415, actually started on the 15th of May last year and continued until the 30th of April this year when the defend- ransferred to another

WELN

unt

Station.

Defendant, while admitting that he broke the glass. declared that he did not know how the statue came to be broken,

Bergeant Macdonald, in asking For a week's formal remand, raised the question of bail, which he co- tinued, should not be less than $1,000, considering that the status was valued at $800 and that the daninge done to the wildow amounted to $85.

Defendant was remanded for a week,

CHOLERA IN HONG

KONG.

LAST WEEK'S FIGURES.

is true that we have the Court, which has, however, only come into existener a decade ago; but the absenen of any efficient body or any at ali to exforce, any judgment of the Police Court makes nations re- luctant to refer their disputen to the Permanent Court of Interna- "In the ease of the second de tional Justice. It is however gra- fendant, B187, the first payment|tifying to note that all the judge-ed during last week. was made on the 2nd of April, this ments that wore delivered nuid the year, and three subsequeat pay ments were made, the last one the League have been faithfully death each from mall-pox and being on the 2nd of the present carried out.

diphtheria and 70 deaths from montli.

The possibility of war is negligi-pulmonary tuberculosis.

opinions referred to the Court by

Twenty-one eases of cholera in- volving seven deaths, were report

Thero were also two fatal opaca

each of enteric and meningitis one

Grain (Shanghai), Sir Joseph Kemp, Mr. Justice Wood and Com- mander E. D. Brooke, R.N., and Lieut-Comdr. Rudyard-Helpman, R.N. (Naval Assessors).

shinking bost

Rescue Handicapped by Darkneón.

Rossue work was rendered very difficult by reason of the slarkness. The case arose out of the colli- The Tin Yat was the first vessel sion on March 29, 1931, of the to reach the men struggling in the N.Y.K. steamer Toyooka Maru water, Mr. F. J. Jenner having and the China Navigation Com-been immersed for half an hour pany's Kiangsu,

before he was found and rescued. Resuming his address, Mr. Shel- dan said:"

“There is no rule or law of seamanship which imposes on the Toyooka Maru, the necessity of doing anything except what she did, that is, reverse her engines and From evidence given, it is clear that the Toyooka Maru was ready to let her anchors go There can be no question of Deg- ligence."

go astern,

Official investigations of the mis- hap will no doubt be undertaken in due course, and details of the collision are scanty at the moment It is known that the Henry Kes wick and the Edith were both en- gaged in the work of towing the s.a. Hirundo, which was disabled by the recent typhoon, into Har bour. The Keswick was in front while the Edith was on the star, board side of the stammer,

It was at a point just inside the entrance of the Harbour that the

Mr. Sheldon pointed out that even if the anchors had been drop ped, no one could say definitely | Tin Yát, which was on her way to that the collision would have been avoided.

The next point akun by Mr Sheldon was that the speed of the Kiangan was excessive. The master and pilot of the Toyooks Maru gave evidence that, judging by the bow wave, the speed of the Kiangsu was seven or eight knots. This evi- dence, said Counsel, could be taken by the Court for what it was worth. His main support was the evidence of Captain Ritchie of the Kiangsu, Captain Ritchio had given his position at 7.43 as in line with the Channel Rocks and the Taikop fog and remained in it until 7.51. At 7.52 the collision occurred.

"In the case of the third defen-ble if all members of the League Six aes of cholera, and one of dant, B740, there is only one entry and the signatories of the Pact diphtheria were reported on Mon- made, that is on the 20th of Aprilnikere strictly to thair. treaty obli- day..

gations. By the Arts 11, 12, 13, 15 of this year.

"The principal witness will say the Covenant the Members of the that he has been paying moncy to League agreed that should any dis-article gives the league the right Refinery. At 7.47 bo entered a thick

these men in order to secure impate arise between them they would munity from persecution for oh submit to either (a) Arbitration, struction. As a matter of fact there(4) Judical Settlement, (c) In is a record of one summons havingquiry by the Council of the Lea- been taken out by the first defend-gue; and further that they would ant B415, against the master of not go to war until three months the said shop before these alleged after the award of the arbitration; payments commenced. Subsequent the decision of the Permanent

to that, no summons was taken out | Court, or the report of the Coun-

by the three defendants against the cil. All these three bodies are to master although 28 summonses had defiver their respective dolibera- been taken out by other memberations within six months after the of the Force."

Solicitor's Objections,

At the conclusion of Mr. Spar row's opening, Mr. M. K. Lo point

to:

1. Sever diplomatic relations with the Covenant-breaking state.

2. To enforce economic blockade. 3. To take any other measures it may deem necessary.

The Kellogg Fact.

The members of the league were afraid that if they were to enforce any economic sanction against any state friendly to the United States they would be coming into logger dispute has been submitted to themes with the United States. But In other words there is to be a lapse of, in tuto, nine months be since the Kellogg Pact this unwar fore the members can

ranted fear had to be surrendered, have the right of going to war. Now this was the United States who had conceivable that United States will championed the Prict, and it is not

not respect a treaty that she her seif bas been responsible for its birth,

Gaps in the Covenant.

ed out that the charges (that of intervening period is of the greatest accopting," obtaining, or attempts to importance. It is generally known obtain, etc.) as laid down on the as the cooling-off period. charge sheet against his clients, could not be taken out together. Mr. Lo quoted authorities to sup- port his submission, after which his Worship directed Mr. Sparrow to amend the charges. After some "deliberation Mr. Sparrow amended the charges to that of "accepting tribes."

Mr. Lo further objected to the trial of the three defendants to-

gether as, according to the chargos,

From what i have already said I hope you will agree with me that if nations adhere strictly to their treaty obligations the possibility of

Speaker Thanked.

Captain Ritchie's Evidence.

Counsel went on that on Captain Ritchie's own evidence, the dis- tance between his position at 7.45 Rad the point of collision was cables. If, according to his own evidence, he covered that distance in six minutes, then his average spoed must have been 71 knots over ground.

Canton, collided with the tender. The Tin Yat is under the command of Capt. W. Perramit

Survivors on Board the Keswick.

The Edith took in water rapidly following the collision and zoon sank. The rescued members of the crew were taken on Henry Keswick while the Tin Yat proceeded on her voyage to Canton.

board the

Police launches arrived on the sceno some little time after the mishap and instantly instituted search for the missing men, but although a thorough search made, no trace' could be found of any of them.

Wa4

The Edith lies about a quarter | of a mile West North West of the Central Fairway:

Two Bodies Recovered. The deceased were brothers and Fuk Kow (8) were recovered from the steam launch Edith yesterday.

The decreased wore brothers and their bodies were recovered from

inside the launch by a divor.

ATTACK ON PRISONER,

BY A FELLOW CONVICE.

Continuing, Mr. Sheldon said that it had to be remembered, too, that for four of these six minutes be It was going through thick fog. must have been that at the time of sighting the Toyooka Maru the

the previous five minutes must have it that were so, her speed during Kiangsu wae making six knots, but

An attack by a prisoner upon an- Ha cor other prisoner in the Central Police boen over eight knots. tended that the master of the Station cells in the early hours of Kiangau should have slowed down Tuesday morning resulted in buth when, four minutes before the collision, he knew a ship was cross-

men being sent to hospital; ing, his vessel's bows.

But what is to happen if the council and or the third party fail

Captain Ritchie had said in evi- to find a means of settling the

dence that the whistles of the disputo Here then comes what is war is nogligible.

Toyooka Maru were sounding nearer commonly known as the gaps in the

and finer. That, Counsel submit Covenant. After the lapse of nine

ted, was clear indication that a ship was crossing the Kinngan's bowa months, the parties have a right of war; but the membors have also In thanking Mr. Lim on behalf agreed that they will not go to war of the Rotary Club Mr. J. D. Bush Kiangsu Going Too Fast with the party that complies with anid:The subject of Internation the report of the council, or the al treaties is a burning question of

Asked to explain his position, judicial decision or the award of our ago. The world, in fact, has Mr. Potter said that on the facts the arbitration. This provision is been talking peace, international of this case, Captain Ritchie was

Ho Tak Ming, (25), who is de- tained for deportation from the Colony, is alleged to have assaulted Leung Sang (20), obarged with larceny. Ho, it is said, with a lonac from his spectacles, slashed. Leung's Deck

Ho, it is reported, attempted to commit suicide by cutting himself, but before anything serious couli happen, other prisoners who led been awakened by the disturbosce,

there was no mention of conspiracy to act as a deterrent to the party brotherhood and co-operation for justified in inferring from the prevented him.

The men are now in the Governi

between the defendants. They were acting independently, and, there- fore, should they be tried together, there would be the, possibility of the defendants being prejudiced.

His Worship then stated that under the circumstances he would hear the case separately

The case against the first defend. ant was then heard and after wit nesses had given evidence bearing out Mr. Sparrow's opening, the Court adjourned till this

inoon.

that is keen on war for reasons hundreds of years and perhaps whistles that the Toyooka Mare wasment Civil Hospital,-where Ho is obvious to itself.

an outward bound ship, keeping a being kept for observation.

victin was allowed to return to the

northern course,

Mr. Sheldon then submitted that Police Station, after treatment. the Kiangsu, whe not navigated ao- cording to the rule that a ship's speed should be such as to enable her to avoid danger when the dan ger was first sighted.

The

nord earnestly than ever stace the There is unfortunately the other armistice. From the way some gap. If the Council fails to reach nations are behaving to day, it roport which is unanimously seems, however, the League of Na agreed to by the members of the tione still remains an uproalizable Council other than the parties to ideal. But this does not mean that the dispute, then the parties are we, as Rotarians, should throw up given the right to take in plain our hands in despair.. We should, language the law into their own like our friend, the speaker at this Speeds over ground and water. the Kiangsu could have pore with Jianda--

tiffin, go on thinking and talking The next article which I think about the ideal and try to help in 1 ought to refer to in Art 10,-known our small way to bring the "good

currents and cross-currents formed the subject of a very lengthy argu- ment between Sir Joseph Kemp and

for lunch.

which the Kiangsu approached her, He submitted that if the master of his engines ao lesa apced, and in this case he should have done so,

ke should have stopped his engines as the Sanction Article. Before time coming appreciably nearer. Mr. Sheldon after the adjournment from time to time. Counsel added the Kellogg Pact Members of the We are indeed much indebted to

that the Kiangsu was going too Mr. Sheldon said that as far se fast and should have stopped her league wero afraid that should they Mr. Lim for his instructive address enforce this article they would come and on behalf of all Rotarians, the Toyooka Maru was concerned engines. into conflict with the U.S.A. This I want to express to him our appre, all that mattered won the speeti at Hearing will be resumed this:

(Continued on seat Column.) ointive thanks.

(Continued at foot of next column.) morning at 10 am.

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