1923-07-25 — Page 9

HONGKONG SHIP CONTROL PROFITS.

Owners' Actions Made Void.

ACCUSATIONS AGAINST

THE CROWN. ***· Allegations have been made that the Hongkong Government made. large profits as a result of

Ordinance "was not a place of legiplation peculiar to this Colopy, nor was it a child of the Legisla. tive Coubefl..

Force Majeure.

THE HONGKONG TELEGRAPH:

SUPREME COURT.

Judgment Against

Steamship Co.

Mr. C. G. Alabaster, EO, (instructed by Messrs. Deacon, In the Supreme Court, before. Harston

Shenton) said the Chief Justice, this morning. and tho ten plaintiffs in these actions the Yuen Seng Fat firm obtained had instructed him to say that judgment against the E Woo they did not in any way assent to Steamship Company for $15,799, the discharge. of these actions. and costs, the value of a quantity They were compelled to submit or rice and sea olives, shipped to to force majeure by an Ordinance plaintiffs by defendant's abip. which was, as far as they could Chekiang, from Quinbon and the requisitioning of certain local see, passed for one rassen, and Tourane in November, 1921, ships during the war, and, as is for that one reason only, to which failed to arrive,

Plaintiff were represented generally known, a number of deprive these ten plaintifs of shipping companies issued writs their rights, and to deprive achy Mr. C. G. Alabaster, K.C., The Ordinanco instructed by Messrs. Deacon. against the Crown. through the body Attorney General, claiming those differed from the Home Act in a Harston and Sheaton), The case

very essential particular.

was undefended. alleged profits.

This morning. in the Supreme Court, before the Chief Justice (Sir Wm. Rees. Davies), the At torney General made application that the actions be stayed, on the ground that under the Indemnity Ordinance, 1922, they are declar ed to be discharged and made

void.

The various companies suing

ware:-

The Woollowra Steamship Co. in respect of the Wollowra, for profit $196,672 34.

The Douglas Steamship Co., in respect of the Hailong, for profits $215.080 62.

Un Man Chuen, in respect of the Lienshing, for profit $167,

466.46

elso.

It was customary during all ware and times of stress, Counsel continued, for the Executive and the 'sorvants of the Executive, to do things in the national interest, or in the supposed national ia- terest, which were not justified by legal sanction. It was customary in these cases to prevent them be

SHIP'S CAPTAINS SUMMONED.

A Typhoon Incident.

20

C. A. Hille, master of the Mo ing sued afterwards for damages Hon, K. Obuyashi, master of by passing an Indemnity Act the Nishiyama Mari, and T. Although these ten plaintiffs were Matsunaga, agent of the Kirishima advised and believed that the act Maru, came before Comdr. Beck- of requisitioning their ships was with, at the Marine Court, this not justified by any prerogative, morning, charged with a breach Order in of the conditions regarding Gov Act, Ordinance, or Council, and was, therefore, de ernment buoys by not stifting clared a tort against them, they did away during daylight to not bring their actions in tort.anchorage for the night after the Not one penny damages for antyphoon signal was hoisted, on The Luen Hing Steamship Co., act which that considered to be the 22nd. The case Was dis- in respect of the Pheumpenh, for Wrongful had they claimod. The missed with a caution.

Government took their ships and usad them, and for the taking and for the use they had made no claim. But the Government made profits on the use of these ships. Those profits had not been spent

The telegram quoted below was on the war' they had not been, spent for any purpose in connec- received from the Manila Ob tion with the war, they had not servatory by the American Con- Erie Moller, in respect of the been spent for many years after, sulato-General, Hongkong, at 4.15

far as Counsel was P.. yesterday- Manapouri, for profit $277,979 66, and, 80

The Lai Hing8.8. Co., in respect aware, they of the Telemachus, for profit spent $171,625,30,

profit $172,916.31.

Eric Moller, in respect of the Castlefield, for profit $97,755.43. The Douglas 8.8.Co. in respect of the Haitan, for profit $247, 886 90.

The Brisbane S. S: Co. in respect of the Brisbane, for profit $147,787.47.

The Po Shun S.S. Co., in respect of the Hai Mun, for profit $599, 672,34.

TYPHOON WARNING,

bad not been Typhoon in about 125 deg. yet. Those profits Long, E., 17 deg. Lat. N., moving plaintiffs sued to recover under W.E.W.

The following was received at the Petition of Right, which en- abled them to sue for money had 1L10a.m. to-day--- and received. In the alternativo, they claimed compensation.

His Lordship pointed out that it was not a Potition of Right it action against the

Typhoon in about 121 deg. Long, E. 19 dog.. N. moving W.N.W.

TO-DAY'S MISCELLANY.

About £1,000 has still to be

The claim, which was prac- tically the same in each case, was to the effect that on or about April 16th. 1918, the Hongkong was an Government took control of the Attorney General.

Mr. Alabaster replied that steamship in question, her move- ments and engagements, until under the Code, claims had to be Jan. 31st. 1919, when she was brought against the Attorney returned to plaintiffs, bar owners, General. Plaintiffs contended, plaiatiffe in the meanwhile having Counsul continued, that they the management of the ship. ought not to have had the special raised for the fund which has for During that period the Govern Indemnity Ordinance passed to ita object the purchase of an ad- ditional 248 acres on Box Hill to ment made certain profits in res-take away their special right.

round off the land already held by: pect of the earnings of the ship in

the National "Trust. The sum question and had retained those

The Crown had said that the now in hand, is £6,090. To assist profits:

Plaintiffs had never Ordinance was based on the Home in collecting the remainder it is assented to the Government re- Act. So far as these proceedings hoped to show in all parts of the taining those profits, and they wore concerned, Counsel contend- country a film of Miss Ellen contended that they were noted, it was not based on the Home Terry amid the surroundings of required in aid or in connection Act. Certain provisions which did Box dill. The fund came into with the defence of the Colony, not appear in the Home Act were being on the information that and the retention of the profits by introduced for the sole purpose this great tract of downs and the Government was not warrant of getting rid of these actions. woodland W&S to be put! ed by say Act of Parliament. Counsel pointed out that the up for sale in building lots. Ordinances, Order in Council,

Not Bused on Home Act.

Royal Prerogative, or other lawfu/local Ordinance contained the Since the National Trust itself

"or for the recovery of profils as money received for the any sum of money which was action of this area would double the quired by the Government of the expanse available to the public, use of plaintiffs. In the alterna Colony of Hongkong in consequ. Moreover, the land held by the tive, they claimed the profits seance of any such act, matter of Trust is in the shape of an L," compensation for the use and

thing." Those words, did occupying the ridges overlocking control of the ship.

not appear in the Home Act. Dorking and Burford Bridge. The The Home Act would not have land for sale would fill in the The Crown's Position.

protected the Crown in this case block and make it a compact, self- Mr. F. C. Jenkin, who appeared Those words were added to on behalf of the Attorney General, destroy these actions. The local valleys, and woodland. Any build- contained mass, with open downs, explained the claims in the ten Ordinance followed the Home Acting operations would not only actions, and went on to say that very closely-almost word for ruin the land on which it was al- the actions were all started before word-until it came to that point, lowed to take place, but also spoil the commencement of the In- and then they found that the wild charm of the area which demnity Ordinance, and they addition.

the National Trust already holds. therefore, came under section 3 The statement of claim was signed and sent to the Attorney:

for all purposON.

Counsel read out the section in General with an application for question, which was to the effect filing on Dec. 5th, 1919, Mr. propose to discuss the merits, of that any action which should be Alabaster went on; the Ordinance the claim or the possibility of a instituted in any Court of law for was not passed until August, 1922. defence, but a statement on the any act during the war before the Counsel sumitted that so far as question of the merits or the de passing of the Ordinance, if done the application was concerned, merits of the case was to bo in good faith for the defence of the Ordinance was not the usual published, he understood, as soon the resim, should be discharged Ordinance, but a very special as the order had been made by and made void, subject to such Ordinance, passed for the very bis Lordship. order as to costa as the Court special reason of getting rid in the In giving his decision, hist might think it to make.

only possible way of these ton Lordship remarked that as to the Counoll went on to say that actions, in which, Counsel sub merits of the Ordinance, the the Attorney General submitted, there could be no possible Court was not concerned in the mitled that this Was A defence at any rate, no defence present application. The learned case in which costs should

was filed and their statement of Counsel for plaintiffs, noting un- be awarded plaintiffs. Counsel claim was with them for three der instructions, had made some explained that the application years.

general observations. His Lord- was based on the Indernnity Or

Mr. Jonkin protested that the ship's duty was merely to admin- dinance, which based in the main Ordinance was passed for this ister the laws of the Colony, and on the Home legislation of 1920, reason.

order these actions to be stayed. by section 7 of which His Majesty- Mr. Alabaster replied that the Counsel for the Crown had sub- in-Council was empowered to spOrdinance was not passed until mitted that the costs of the action nly the Imperial Act to Crown 1922-several years after the war. should be for plaintiffe. The Or Colonies by Order in Council. For That additional clause was dinance was not in force when the technical reasone, H. M. Govern-clearly passed for the purpose actions were instituted. The ment did not think fit to exercise of getting rid of these. ten Ordinance was passed in order that power, and they instructed actions. The Ordinance gave to deal possibly with sach of the Crown Colodies to his Lordship power, Counsel wont claims which had been brought pass their own. Ordinances. The on, to make any such order for against the Government. That Hongkong Ordinance was passed costs as the Court might think fit, being so, the Crown had exercis- as a direct result of instructions He understood that the Crown did odia very proper course in sub- from H. M. Government, with a not object to the order being made mitting that costs be awarded velw to placing these particular in favour of the plaintiffs owners on the same plane,

His Lordship ordered in each

as far as compensation WGS

Statement to be Issued.

concerned, as owners of ships. Mr.Ĩ

,...

plaintiffs.

these

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