1927-09-01 — Page 7

"

DETAINED BEER.

GANDE PRICE LTD. GET JUDGMENT.

DELIVERY ORDERED.

Judge Peter Grain delivered the following judgment at the British Bupreme Court in Shanghal, on Saturday morning:-

Gande, Price, Limited v. Ocean

Steamship Co., Ltd..."

The plaintifa, in this case, claim delivery of seventy-five cases! of Tennant's Lager Beer wrong fully detained by the defendants, the Ocean Steamship Co., Ltd., or (Halkwan) Tis, 678, the value of the goods.

The facts concerning the case are as follows:-

* FULL COURT OF

APPEAL

PRELIMINARY PROCEEDINGS NOT IN ORDER.

A CLERICAL MISTAKE,

THE HONGKONG' TELEGRAPH,

The Full Court assembled this

morning to hear an appeal against the decision of the Magistrate at the Kowloon Court in the case in which two Chinese were charged with having in their possession forty pigs which had been stolen.

Each was fined $150.

When the motion came before Mr. Justice J. R. Wood and Mr. P. Jacks this morning, Mr. Hing Shing Lo appeared for appellant and Mr. Somerset Fitzroy for the Crown, the latter applying for the case to be struck off the list.

SHANGHAI NEWS.

IMPORTANCE OF THE BEER DECISION.

BLOW TO TREATY BREAKERS:

Our Own Correspondent.)

Shanghai, Aug. 27. As these lines are being written, an important judgment is being delivered in H.M. Supreme Court of the greatest moment to the business world of Shanghai, arle- Ing out of the Nanking regime's attempt to impose prohibitive taxes on foreign products. In the case brought by Gande, Price, Ltd., against the Ocean Steamship Com-

THURSDAY,

CANTON FROM DAY TO

DAY.

CHIANG KAI-SHEK STILL

WANTED BACK.

ATTEMPT ON GEN. LI.

(Our Own Correspondent.).

Despite the resignation of Gen-

SEPTEMBER

THE RAILWAY.

REPORT ON WORKING FOR LAST YEAR.

CHINA SECTION DEBT.

The report of the Manager of the Kowloon Canton Railway is just out. It reviews the repair and Improvement work carried out during 1926 'and proceeds to state:

The conditions obtaining on the

oralissimo Chiang Kai-shek, his Railway as a whole during the adherents in Canton are making year, have shown a very appre another effort to reinstate him. ciable improvement over those of An elaborate scheme is planned the previous year. Nevertheless and a circular telegram will be sent the train services have been sub- by all the local organizatione jected to frequent interruptions urging the ox-Nanking Marshal to and late running, over which this resume his duties.

At a meeting of the Political Coun- Section had no control.

Early In the year the through

in each direction dally. The gisting of a third class slow train locomotives and stock of the Chinese Section were in such a bad state of repair that the trains occasions the passengers had to remain at the border over-night, coming forward the following morning.

Counsel for the appellant did any claiming delivery of 75 cases cil, it is now decided that a grand train services ware rosumed con- not outline his grounds of appeal of Lager beer wrongfully detain-assembly will be held on the 4th. owing to an argument on a pointed by the defendants, or damages of September on the East Parade representing the value of the Ground. At this muster not only goods, judgment has just been will Marshal Chiang be urged to given for the plaintiffe, and there withdraw his resignation but men removed from the shoulders of kiang, and Wu Tze-fal are likewise to be requested not to give up the foreign community, who were beginning to wonder where their "politics. beer was coming from in the event of an adverse decision. The Bri- tish Court has clearly signified that it does not intend to be privy to the breach of Treaty rights, and the Nationals of the other leading Powers have already taken the requisite steps protect their treaty rights;

The Ocean Steamship Co. are the owners of Holt's Wharf, Poo-

of procedure in connexion with tung.

On August 16 the consignment the original motion. In reply to of Lager Beer arrived at Shang-questions by the acting Chief hai on board s.s. Philoctetes, and Justice, Mr. Hing Shing Lo said by a great load of worry has been liko Wu Hon-man, Chang Ching could not run to time and on some on the same date the plaintiffs duly filled up the import applica- tion form in accordance with the "Handbook of Customs Procedure at Shanghai.".

the final case was delivered to the appellants on June 16 and notice of appeal was sent on June 30. It was served on the solicitor con- cerned.

His Lordship: It is addressed to the Crown. Why was ft sorved on Mr. Hall?

The plaintiffs handed into Import Duty Memo, which was duly stamped "Checked by Luxury

Counsel: I think that was a mis- Surtax Section" at the Customs. take. The total duty for which the plain-

Hia Lordship: You are proceed- tiffs were liable was Shanghai Tls.ing under a motion which is not

addressed to the respondent.

48.32.

They also handed in the Bill of Lading according to Customs pro- cedure instructions.

The duty, which the owner is re- quired to set out on the Duty Memo. and Import Application Form, is the 5 per cent. ad valorem 2 per cent. surtax and 21⁄2 per cent. luxury tax and the wharfage This is and conservancy dues. all that the Customs request and this was done, amounting in all to Tis. 48.32.

The plaintiffs are instructed to

pay their cheque for Tis. 48.32 to the agents of the Customs, the Chinese Maritime Customs Bunk.

The police authorities have notified all shops to hang out a white pennant inscribed with the following words "Reinstate Mar- shal Chiang Kai-shek and the Five Nanking Commissioners."

ן '

It was felt that this slow

through service imposed a distinct hardship on the passengers and it was therefore decided to run It has just been made known the one train each way ns a fast over the Chinese Section Li Chai-sum to Canton was due with corresponding fast trains on that the delayed return of General train to another attempt on his life while this Section to connect. They on October returning from Wuchow. He was were discontinued Counsel: I should like to apply

travelling on a gunboat to Canton. 26th when the time-table was for leave to amend the motion. It is very unfortunate that the mis-formed and authoritative cir-small rowing boat approached and put on an express train and

In the course of the journey, a vised and it was found possible to take crept in..

cles the impression is prevaleht a man threw two bomba at the slow, train to and from Canton

gunboat. One dropped into the daily. water while the other caused minor damage to the ship. A

His Lordship continued that it seemed to him that the Crown had nothing to defond, and asked whie- ther counsel for the appellant could resist the application by the Crown for the case to be struck off,

to you on the ground.

Nanking's little scheme for taxa tion is now in the unenviable posi- tion of a stillborn child. In well-

rem

1

that the entire programme of taxation, which was to have come

Passenger Receipts, September 1 in

The Local passenger receipts into effect on

The boat was detained and four amounted to $42,280.22-as-ngainst Shanghai and in other areas under Nationalist control, has been inde- persons on board were arrested. $332,268.31 for the previous year, finitely deferred owing to the The general ordered his vessel to and the gooda receipts were $25,- Me, Hing Shing Lo: I must ad-chaotic state into which Kuomin- return to Wuchow where he re-861.333 or $4,098.69 more than the mit that I am taken aback. I can tang politics have been plunged.mained a few more days.

previous year. The Through and only suggest that I might appeal And the Chinese General Chamber General Li in an interview has Joint Sectional Trafic

receipts of Commerce has taken the lead said that the resignation of Mar- were $32,291.91 as compared with in petitioning the Nationalist Gov-shal Chiang Kai-shek was, the 17,562.38 for the year 1926.

rnment to desist from enforcing Marshal's own wish and disclaim- the proposed taxation on the plea ed that he had anything to do dustries. All of which shows that leaders like Wang Ching-wei, Wu of ita ruinous effect on Chinese in- with it. He was confident that the Chinese Chamber all this time Hon-man, and Chiang Kai-shek obviously was out of touch with would sink their difference and sentiments of Chinese work for the welfare of the party the true business men, whose best interests and nation.

different from are in no sense those of their foreign confreres.

on the merits.

His Lordship: I can't hear you Mr. Lo: A technical or clerical mistake was made. If you have no objection I will ask an adjourn resist the application made by the Crown. If you allow the applies tion an obvious miscarriage, will

meut to consider how best I might

It is not contradicted that the plaintiffs did everything that the Customs in their Handbook of Pro- cedure instructed them should be done, and in the ordinary course, on payment of the correctly assess- ed duty to the agents of the Cus-occur. toms, the Bank; give a receipt, for His Lordship pointed out that which on presentation at the Cus- the respondent was entitled to mo- toma a release permit or document tion of appeal within fourteen authorising the wharf to deliver days. Mr. Lo said he might say the goods is given. The cheque Mr. Hall had done his best to get for Tis. 48.32 was duly presented the Crown interested and that at at the bank on August 18. But last the Crown had come into the in this case the bank agents of case with reluctance. the Customs refused to give a re- ceipt unless the plaintiff's paid 30 per cent.extra duty over and above the legal duty claimed by the Customs. Mr. Gande, on be- half of the plaintiffs, then went to the British Consulate-General on August 18 and paid in the sum of Tls. 48.32 and obtained a re- ceipt..

Mr. Gande, then together with Mr. Stockley, one of H. M. Vice Consuls, went to see the Commis- sioner of Customs with whom they

had an interview.

His Lordship: Was a'stated case given on June 307

Premature Reports.

The Fanling Branch Line was closed on January 11th until the 88,244.86 or $3,739.79 less than 3rd of May. The receipts were the previous year.

The total Operating Expenses amounted

The to $639,787.80. salaries of the Junior Clerical Staff were not provided for in the "estimate of Working Expenses, General Chen Ho-yuk, Commis- but grouped with those of other The Cult of Anarchy. sioner of Military Affairs, has just Government Departments under The other day a eurious screed returned to Canton after a visit the head of Junior Clerical Ser- consisting of two slips of paper kiang on an important military.

to Shanghai, Nanking, and Kiu-vice. was given to the community of mission. At Kiuklang he met Gen. estimate of Working Expenses The disbursements against the Shanghai, by way of a backwash Cheng Fat-fui, the "Iron Comman-amounted to $495.377.72 and the from the Sacco and Vanzetti case, der," and asked him to return to salaries of the Junior Clerical purporting to emanate from a joint Canton. It is understood that Mr. Service $23,375.88. The portion of organisation rejoicing in the pic-Wang Ching-Wet asked Cheung to Special Expenditure chargeable to turesque titles of the "Black Flag remain and that the latter is still Revenue was $22,338.23. Union of Korea," the "Anarchist in Kiukiang or Shanghai in spite Further items amounting Youth Federation of China" and of the report in the local papers the "Anarchist Federation Οξ that he has already arrived. It is Shanghai." The mimeographed learned that the "Iron Comman- men English text contained the amiable der" will arrive in Canton very were convicted by Police magis-suggestion that the American Con- soon in order to assist Gen Liments; also payments by Railway sulate in Shanghai be blown up Chai-sum to effect military pre- during the year not provided for and American capitalistic enter-parations against the threatened in the Railway Estimates. but prises similary sent to perdition, invasion from Tukien. These signers of the gentle appeal to the "proletariat" forgot to give In this matter the appellant had their addresses, which was dis- not complied with the section of tinctly disappointing to the police the Ordinance. They had not, The screed bore evidence of So- within the period named, sent a viet inspiration from the very na copy of the stated case either to ture of its phraseology and sug-

Mr. Lo: Yes, but amended since. His Lordship: Therefore there was nu stated case on June 30.

Giving judgment, His Lordship said they were agreed on the pro- per course to be taken in connexion with the appeal. The two

trate, and under the Ordinance the appellant should, within four- teen days, give a stated case and also notice to the Registrar, qad send a copy of the case. to the other party.

to

$18,152.16 are included in, respect of services rendered and materials supplied by Government Depart-

charged to Government votes.

Expenses Exceed Revenue. The operating expenses exceeded the Revenue by $101,745.07.

Claims against the Chinese on account of suspension of Through and Joint Sectional

demurrage at the end of the year 1925 amounted to $716,547.79.

Customs bank had refused to ac- the respondent or his solicitor, and gests the reflection that although manded the merchants to raise / Traffic, hire of Rolling Stock and

Mr. Stockley handed to the Com- missioner of Customs a letter sign- ed by the British Consul-General, stating the facts concerning the matter. The letter states that the

cept payment of the treaty and surtax duties, wharfage and con- servancy dues, tendered by Messrs. Gande, Price and Co., and that in view of such refusal the amount Tls. 48.82 had been deposited at the British Consulate-General, at the disposal of the Commissioner of Customs, and the letter con- cludes with.

"The provision of Articles 24 and 33 of the Treaty of Tientsin having been complied with, I am informing the British firm con-

Moscow

may have decided to

No

Finance Crisis.

made to restore the credit of the Effective methods are being

Central Bank. Officials of the. Department of Finance have de-

$10,000,000 for military expensca but at least a part of it will be eschew spectacular propaganda used

to restore the con" methods through a Borglin or a fidence of the Bank. Galen because it gets the Soviet into hot water with the Powers, Payment by the Bank will be made in five days in order, it is said, to it has substituted something less prevent the "run" by seditionists. conspicuous.

A sum of $500,000 has been ap- Blood Thicker Than Water. propriated from the Salt Bureau The Crown had been improperly

for use of the Bank. The Depart In these stressful times, when ment of Finance has required that brought before the Court in the Nationalist-Bolshevik agents are all forms of taxes must be paid one motion, and in the absence of pro-working under high pressure to months in advance. per preliminary proceedings the

sow dissensions among the Powers It is understood that several Court had no jurisdiction to con-

and utilising the old device, of money changers are under arrest

no notice of motion was prepared on behalf of the appellant and served within the time specified. That notice of motion was wrong in form. It was addressed to the Crown therein named as respon dents. The solicitor on whom it was served was therefore entitled to disregard it.

During the year certain items were accepted by the Administra- tion of the Chinese Section, and the accounts were adjusted accord- ingly. The claim in respect of the year calculated on the same basis has also been added, and the total at the end of the year was as follows:- Suspension of Traffic

(1923 to 1926) Demurraga Hire of Wagons

cerned that they are entitled to ob.sider the merits of the appeal aslaying off one country against an- for refusal to deal in the bank Short Supply of Wagons

tain the release of the cargo in question."

The Commissioner was asked to release the cargo, but he refused to do so until he received the Cua tom's bank receipt informing them 'that an office called. the Surtax: Bureau did not allow such a re- ceipt to be issued until the full taxes levied by the Nanking Gov- ernment had been paid.

raised by the stated case.

The appeal would therefore he costs of the Crown.. dismissed, the appellant to pay the

FRANCO-BRITISH AMITY.

NECESSARY FOR WORLD PEACE.

...

$866,872.46 66,212.00

89.61

·103.76 Brought forward $923,227.78 Less Short Supply of Coaching Stock by the British Section

1,099.60

Total dus by Chinese Sec-

tion to British Section $922,120.18

The results of the past 5 years are

other, it is a source of gratifica- notes of this bank. tion to see these subtle machina-

Railway Link. tions effectively defeated. -. We have recently had a fresh example Mr. Yip Ka-chun, manager of the of Anglo-American solidarity Canton-Kowloon Railway, hás de brought to our attention by the ar- cided upon a plan to link up that rival of the I.-C.-S. Kungwo from line with the Canton-Samshiu Rall Nanking after having been fired way so that passengers in the as follows: at on three separate occasions dur-West River districts can, proceed ing her voyagé from Shanghai to directly to Hongkong. A bus ser- Hankow and back. The U.S.S.vice has been inaugurated to main-1928

Сгода

Year. Receipts.

Net Receipt -+$248,151.40

48,791.25

87.628.27

09,323.18 --101,743.07

1924 1925 1926 ·

Working Expensen. $710.205.75 $602,144.26 623,613.18 474,731.78 420,188.15 607,814.42 The legal advisers of the plain-

Noa, which was convoying the tain a regular run between the sta-1924

1025430,579.81. 20,901.40 09.044.78 689,767.80 tiffs, Messrs. White, Cooper and

Paris, Aug. 31. Kungwo and two other vessels be- tions of these two railways. Ac- 1026 Co., then wrote to the defendants'

Through and Joint Sectional pas- The so-called "Golden Book of tween Nanking and Chinking, cording to this arrangement, pas- legal advisers, Messrs. Platt and France," which is a voluminous was also fired on and had a pitched sengers for Hongkong can buy sengers carried were as follows: Co., stating that they had tendered synthesis of France, past and battle with fugitive and deserting through tickets from any stations the bill of lading to the defendants present, and is destined for the soldiers for about 10 minutes along the Canton-Shamshiu Rail Passongors and stated the facts, asking for de- | British Museum, has been form The U.S.S. Isabel, with way, and when they arrive in Can- livery and had been refused. Toally presented to Sir Austen Admiral Hough on board, ton they will be conveyed by buses this Messrs. Platt and Co. replyChamberlain while he was en route alun had а brisk cncounter without charge to the Canton-Kow. that that was correct and then this to Geneva, at a ceremonious func- as she was entering Nanking har loon Station. action was started.

bour from the Pukow side of the

half of the defendants.

tion.

affec-

booked at Stations in British Ter- ritory to Stations In China In- cluding Lown

being subjected to the menace of

Mesars John D., Echinon & Co, irresponsible and lawless bandit forward a booklat "re History of Passengers soldiery, but it is no little con- Cocoa Onltivation, issued by Bolation to know and feel that Bri- Messrs. Cadbury Bros., Ltd... tish and American warships are working together and carrying out

Mr. Lipson Ward appears on be- French officials, military lea- river. Virtually every vessel is

And on ders, and Ministers, among the an application by him on August eminent persons present, glowing- 22, on behalf of the defendants, ly tributed the Entente Cordiale, the Court directed that notice of and Sir Austen Chamberlin, re- this action should be served on the sponding, declared British Commissioner of Customs, which tion for France, and the convic was duly done, the notice stating tion of the necessity for a Fran that the Commissioner of Customs co-British union for the main- was "at liberty to appear and tenance of world peace. Reuter. make auch application herein or otherwise" as he might be advised.. Sir Austen Chamberlain has left But the Commissioner of Customs for Geneva, to attend the meeting does not appear and Mr. Ward aus- of the League of Nations Council.

(Continued on Page 8.)-

-Router.

booked at Stations in China In- cluding Lowu to Stations in British

168,734 16,224 18,031

157,115 16,818 17.000 The Local passengers carried were

the best traditions of the two Club secretaries are invited to Navies, without waiting for per-attend the meeting of the Manage- Territory.... mission from London or Washing- ment Committee of the Hongkong Later. top.

Mala

Once again, as at Nanking Football League at Volunteer as follows: on the fateful March 24, is it be Headquarters on September 6, at Line 1,177,284 1,088,821 1,151,780 ing demonstrated to the world at 5.30 p.m. when arrangements for Fanling large in general and to piratical the League competitions for the Branch

coming season will be made, (Continued on Page 8.)

Line

82,505

58,419

48,541

1927.

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