1927-02-19 — Page 2

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THE HONGKONG TELEGRAPH,

BANKNOTE CASE.

APPEAL TO PRIVY COUNCIL.

given against the bank.

Judgment in the appeal case which followed was given by Sir Henry Golian and Mr. Justice Wood last week, when it was in- timated that a petition might be presented for the case to go be Yore the Privy Council,

SATURDAY, FEBRUARY 19, 1927.

CORRESPONDENCE.

PUBLIC HEALTH.

To the Editor of the Hongkong

Telegraph.1

OBITUARY.

DEATH OF BISHOP SCOTT

The 'death occurred on Sunday, evening at St. John's University," Shanghal, of Bishop Charles Porry Scott, who had been in China for the past 53 years. The late Bishop, who was 80 years old, died very suddenly, having been, but an half hour before, attending religious services at the chapel of St. John's. "A" "reizure.“İrasped him and "death occurred almost immediately after- werda. •

The full Court assembled yes terday to hear a petition made by Mr. Eldon Potter on behalf of 'the' Hongkong and Shanghai Bank, for leave to appeal to the Privy Council In connexion with the up- Sir-There are two points in peal heurd locally before the Full H. E. the Governor's speech at the Court. It may be recalled that the British Medical Association Dinner, case concerned a $500 banknote on which tow comments may be of which certain portions, includ-permitted. Ing the number were masing.About twenty years ago. Sir Payment was refused and in the Matthew Nathan, the then Gover ensuing action judgment WAB nor, realized the importance of

The Rt. Rev. Charles Perry Scott, teaching Hygiene In the local D.D. was born in Hull on June 27, schools and, to stimulate interest 1847. He was educated at the. in the subject, offered prizes com Charterhouse School in London peted for annually by all the boya and went on to Jesus College, Cam- taking his degree In and airis of the Colony. During bridge, his tenure of office, this subicct Theology in 1869. He was ordain was compulsory in the curriculumed Deacon in 1870 and Priest the of the schools. For reasons which following year, and was curate th I have no means to ascertain, this the Rev. G. H. Wilkinson, Vicar of Mr. Potter based his arguments subicct was dropped and nothing. St. Peter's, Gaton Square, London, yesterday on the ground that the further was heard of it. As afterwards Bishop of St. Andrew's, case, involved a matter of general product of Queen's College, I can. publie importance and that it in-testify to the usefulness of the directly involved an amount of knowledge of Hygiene I obtained over $5,000.

while in school. The undertaking of His Excellency to "revive" this Greatest Importance. sublect is gratifying and I van tare to suggest that it be made He suid the case was of the compulsory in certain classes for greatest importance and one that some years to come. To my mitd. should go before the highest au- the possibility of future interfer thority. It devolved on a const- ence with its continuance in the deration of the general law appli-school curriculum should engage eable in the case of altered docu- the attention of the Governor. ments and upon a decision of the meaning of one of the local Or dinances. There had been no de- cision on the point in England.

I

Mr. Potter pointed out that when the appeal was heard the judges differed acutely on a number of points and he submitted that it was manifestly unsatisfactory to leave the case at the present stage.

It had been found by both judges that the number on a bank note was an essential part of the note. The Court took the view of the Bank in that regard al- though it was argued by the other

side.

I am also in agreement with His Excellency in his opinion that eo-operation with the Chinese community is necessary to the at tainment of better public health and that propaganda is necessary. In the streets of Hongkong, I see Shangbai-imported Chinese comparing the "maloo" to

posters in

He offered himself for mis bionary work in North China after the first Special Day of Interces elon for Foreign Missions, and in 1874 be and the Rov. Miles Green- wood left England together for They were first sent tó China. Chefbo, to study the language, and lived in the house of the American.

missionary Presbyterian

Dr. Nevius, who helped them greatly, and took them in turn on tours into the interior.

In 1877 Bishop Russell of North China -presented Mr. Scott to ant honorary canonry In his Cathedral at Shanghal, where in the absence! of Dean Butcher he hind charge of the services of the Church for some

wecks.

was

The great famine of 1878-9 'call- tiger's mouth and that one must ed Mr. Scott to take part in Relief not walk in the centre of the Work provided from foreign

maloo," The sight of this poster reminds me of another posted sources in Shansi and Honan. The endowment fo: a Missionary ratis in the Shanghai trams, the gist of which is that tuberculosis Bishoprie for North China is the arch-enemy of men and that provided in 1880 and the Arch- spitting in public places is re: Scott as first Bishop and he held bishop of Canterbury chose Mr. sponsible for the spread of this that position till his resignation in disease. The Chinese Medical Supposing he had a banknote Association, is also a live organi-1918, suffering the loss of all his numbered 123 which was stolen. zation and must be alive to the possessions in the Boxer Uprising. ile could go to the bank and stop value of propaganda. It is my payment on that note. There was opinion that should the doctors in a very good chance then that he our midst take the lead in launch would recover the money. On ing an Association for the Pre- the judgment as it stood at the vention of Tuberculosis, many moment, the number could be rab-an will be pleased to co- bed out so long as the meaning was

operate, thereby attajalne another lic health, not altered and if it was merely step towards better crased payment could be obtained,

SIDENT.

Protecting the Public.

The bank must actually pay on the note although the number had been eliminated. It was the num- ber which enabled the bank to stop payment. That principle was so far reaching as to be of such tremendous importance, that the case fell in the principle of appeal on the grounds of impor tance. It was one which should go to the highest tribunal.,

Yours, etc.,

of about one a week. received at the bank at the rate

Mr. Somerset Fitzroy said that. the particular circumstances

which had arisen in the case were unlikely to ever occur again, and submitted that it was not a case was a question purely between the of general public importance. It bank and the woman who had the note in the first place.

Numbers All Over.

He suggested that the bank could print notes with numbers all round. Of course they could all be erased. On the other hand the numbers could be watermarked through the notes.

Bishop Scott was married in 1889 to Miss Frances Emily Burrows of Oxford, who died in 1900.

After Bishop Scott's resignation of his charge he lived in Peking at Chung Te School, Jending a5- sistance to the work of the Church in many ways. He was on his way to England when he died.

ARMS CASES.

TWO BOAT MISTRESSES SENTENCED,

sampuns were each sentenced to The mistresses of two passenger six months' imprisonment by Mr. T. W. Ainsworth at the Kowloon Magistracy yesterday afternoon under the Arms Ordinance.

one of the women on a charge of Mr. C. A. 5. Ruas appeared for being in unlawful possession of four automatic pistols and 700 rounds of ammunition.

The $500 was nothing. It must be remembered that, there was an outstanding lasue in banknoten in Hongkong alone of fifty million dollars, and if the figure in the present case was compared with that it was seen how infinitestimal it really was. It was the principle which was involved however, and not the actual amount. The judge the first place the petition was that the parcel which contained The Chief Justico sald that in but relied upon the explanation He pleaded guilty to possession. ment was one which affected the made on the ground that the case the arms was given to the woman public to a most alarming extent indirectly involved an amount over by a passenger to keep, she not because it involved the means of $5,000. They were agreed that the knowing what the parcel contain- prevention of theft and of protect-appeal did involve a question of ed ing the public from theft.

that kind for, the reason that it involved the relations between the The Crown, represented by bank and the holders Qf every Chief Preventive Officer Clarke, banknote,

submitted that, the arms and am- munition were found concealed in the hold and that when charged. the defendant made a statement to the effect that she would receive $8 for taking care of the parcel. Then there was also a claim that The defendant in the second it was matter of general import case returned a similar plea on a ance. It was clear in their minds charge of possession of 12,000: that the present case came within rounds of ammunition, and on the the terms of the rule. After com-prosecution proving that the am- menting also on the importance of munition was concealed, and that the question of the erasure, the the defendant also stated she was Court granted the petition for the to receive $15 for keeping the con- bank to appeal to the Privy Countraband, a conviction was regis-

tored.

Colony's Banknote Issue, "It really is as important a case as has ever come in this Court" added Mr. Potter, "as it affects the banknote isue in the Colony."

In the opinion of the Court the claim for leave to appeal was cor- rectly framed and permission for leave to appeal must be granted on that ground.

Continuing he said that the prin- ciple of the decision affected the bank not only in regard to the $500 involved in the case but until it was either upheld or reversed affected them in any notes which might fall in the same category. Evidence had been given that notes which could be put into the same category as the one invol- ved in the present case were 'cil.

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