1928-02-09 — Page 2

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THE HONGKONG TELEGRAPH,

DAMAGED CARGO.

CLAIM AGAINST SHIPPING

0550

FIRM FAILS.

The bill of lading hare concerned (allowing for certain misprints) la in the ordinary form.

THURSDAY, FEBRUARY

LAW SOCIETY

PROSECUTION.

CASE AGAINST HOUGHTON

ADJOURNED.

SIR MILES LAMPSON.

ARRIVES AT SHANGHAI ON

II.M.S. FORGLOVE.:

Ningpo, Feb. 8.

The caeo, in which: C M. Sir Miles Lampson has arrived Houghton appeared before Mr. from Tsingtao aboard H. M. S. R. ELindsell at the Central Foxglove-Reuter Police Court in respect of alleged offences under the Legal Practi- same summons against Houghton

loners Ordinance was continued must be withdrawn as well yesterday, afternoon..

Resuming in the afternoon, Mr. Blake quoted a number of authori- ties in support of his case.

་ ་

Mr. Blake pointed out that Houghton still had a case to roply to on the other summons in which lo alone figured, this being for occurrences on the 18th and 19th., relative to the letter of the 18th and the interview of the following day.

His Worship (to Houghton): 1 hold you have a case to answer.

Houghton: May I bring. in a witness?

The witness called was Mr. J. T. Dobble, who said that until lately he was on the China Mail and Sun- day Herald.

1928.

In the Summary Court yesterday afternoon Mr. Justico J. R. Wood gave judgment for the defendants In a claim for $749.80 as damages for cargo which was damaged by son water while on board the 6... Hua Loe No. 1. The plaintiffs were the Pong Hong Long firm, mer chants, and the defendants were the Kwang Bang shipping Arm, do Bonham Strand West. When the

was heard export evidence. He then dealt with the wording of the lettere sent out by Hough was given by Captain Arthur.

ton, in one of which "criminal" Mr. R. A. Wadeson appeared for proceedings W07€ threatened, the plaintiffs and the defendants which step would have gone fur, were represented by Mr. D. L.ther than any solicitor's letter Strollott

could have threatened, comment- Giving judgment his Lordship od Mr. Binke. MENGA said:-Tho plaintiffs shipped cargo The inference, to be drawn was in a steamship owned by the defen-that the organization, with which danta On the voyage this cargo Houghton was identified were go- was damaged by sea water. The Ing to take proceedings themselves. action is brought in contract in It was to be noted that both the Houghton: I think that from rospect of this damage.

letters were addressed to Chinese, 1920 to 1924, you were Editor of and moat Chinese were not so well the Banbury Herald, in Austra versed in English that they could lia tell the difference between an ac-

Witness: Yes. countant, a debtor, or solicitor. You were a member of the Town Water Roaches Cargo.

Pang Chau could not speak Eng. Council, Secretary of the local lish at all. He had had to have Chamber of Commerce, Secretary Tho sea water damage was the the lotter interpreted to him; and of the local Trade Protection As- reault of this bad weather. The undoubtedly those two letterssociation, branch of the Trade cargo was stowed in No. 1 hold came within the definition of prac-Protection Association in Western forward. How the water reached tising or acting as a solicitor. Australia 7-Yes,

Were the purposes and fune-i the cargo is not definitely ascertain- The other letter to Ng Chak-lam ed. Five foot of water was observ-re the promissory note, continued tions of this Association precisely nd in the forepeak but as sub- Mr. Blake, was strongly worded, the same as. Acquent inspection disclosed no despite the absence therefrom of China Trade Protection Associa defect in the collision bunker, it is word "criminal" in the character tion? likely that no water entered the of the proceedings contemplated. hold from this portion of the ship. The parties came to trial alter

He had been unable to find any correspondence in which plaintiffs' satisfactory definition for the solicitors relied solely upon an words of "practicing or acting" alleged breach of the warranty, in connexion with the profession contained in the contract of son of a solicitor, but one of the defini carriage, of the sea-worthiness of tions of "practico" was to work the ship. This contention the (on some business or occupation), plaintiffs abandoned after the close which was a very reasonable and of the evidence, most of which had applicable definition. eference to it. In my opinion, therefore, whatever may be the result, either in this court or on Appeal of these proceedings, the plaintiffs Phould pay all costs of the presont trial.

In his final submission the learned solicitor for the plaintiffs relied on the terms of the bill of Inding, and argued that the defendants hnd not been able to bring themselves within any excep: tion there not out.

Definitions.

"To act as" was to perform, or have the character of to do the work of, or to use as.

those of the South-

His Worship Interposing, asked witness: Have you seen the pro- spectus of the South China Trade Protection Association?—Yes.

Witness then said that the pro- spectus showed that the business of the South China Trade Protec tion Association was carried on the same lines as the Australian As-

sociation.

The Word "Criminal.” Shown the two letters förming

Shown by Houghton three other papers, witness agreed that those wore standard letters: harmonising with letters sent out by the Austra-

the subject matter of the sum monses, witness" said they were very much the same, also, except Coming to the evidence, Mr for the word "eriminal" appearing Blake sald with regard to the in the first of the two documents. evidence of Chau Kong-chl, despite Such a Society must be "Instruct the discrepancies and difficulties in ed" and must have "clients." Chinese Interpretation, the state- Without clients, there could be no mont must be accepted that Hough-instructions, according to witness. ton did utter the threat of deporta- In West Australia, witness had tion, this being one of the "pro- been responsible for similar lettera ceedinga" mentioned by Houghtonas Secretary of the Association In in his letter. That was the kind that State, Apart from the word The relevant exceptions are (1) of threat which would have a criminal" it was a letter which "Act of God," and (2) "other strong effect with an ignorant per he himself would have written. accidents of the seas, rivers, and son Deportation was, one of the steam navigation of whatever great fears of Chinese in this nature or kind." In my opinion Colony and the effect could he the defendants may successfully judged, particularly when it was found their defenco on either of coupled with the threat of "crimin-lian Association. theso o..ceptions. The operative al proceedings:" cause was something indopondent of human selion, viz. weather; and further it has not been muggented

The Defence, that the accident could have been

'Defendant Houghton, in: draw- avoided by exercise of greater care ing attention to the letter dated or foresight. In these circumstan- January 25, sald that in that letter ees the event was an "Act of God." the intimation was made that the I have noticed the following nor matter would be placed in the agraph in section nine of Career's hands of Rolleitora.. He advanced Carriage By Sea, (seventh edition) this letter as proof that they had "It is not enough for the shipowner no intention to take up the matter to show that the loss arose from at its legal stage in their own natural, да distinguished from

handa. To institute proceed. human, causes, and to leave it to the other side to show that there ings," Houghton further said, did was some want of precaution or care not necessarily connote that mean- on his part; he must himself showing. It included the meaning that the east would be put into the affirmatively that the causes were such that no reasonable amount of hands of a solicitor, precaution and care would have enabled him to avoid or guard against them."

Onus Satisfied.

to

Replying to Mr. Blake, witness This closed the case for the Law said he did not know the law in Society.

Australia as regards the practice

1

of a solicitor..

Mr. Blake: You are a newspaper man?-I have been connected with the Sunday Herald and China Mail, You contribute to any others?—— On special occasions to the Daily Pres also.

Have you seen the Hongkong Observer? Yes.

the lingkong Observer?—Yes, one or two articles.

Have you contributed articles to

2

It is produced by Mr. Houghton? Yes,

A

Will you forget that you are a newspaper man, forget that you are an Australian Trade Protection His Worship pointed out that man, and put your mentality into the letter referred to bore a later that of

more or less date than the ones forming the illiterate Chinese. What would subject matter of the summonses. be the effect of such a letter Houghton: Our solicitor, it may on you? Would you not be interest you to know, is Mr. terrorised? It is just a type of Captain Arthur's evidence as

O'Donoghue, of the same building. | letter, Exhibit B particularly, which the frequency of this occurrence on

Do you submit that you have no a solicitor would write? seaworthy ships, to my mind, case to answer on the evidence?— Witness replied that a hundred by the defendants on this point. Yes.

different men of the illiterate type sufficiently satisfied any onus bortie

His Worship: How about the referred to by Mr. Blake would The second exception is an ampli letter of the 18th. "we are Instruct take the letter in a hundred dif- fication of the term "perils of the fed to take criminal proceedings" ferent ways. As to the letter it- so" This accident was not merely etc.?

self, witness said that some might Inn "Act of God" it was also n

"peril of tho son" and as such, in Suen's words. We had no inten-

Houghton: These are Mr, think it was a good imitation.

Mr. Blake: Imitation! It is

the absence of negligence alleged ton of taking criminal proceed- just the very word I would like. and proved, will be a good ground of defence in this action.

ings.

A Case to Answer.

Imitation!

Houghton was proposing to call For these reasons it seems to me that the plaintiffs have failed to Mr. Lindsell said it was clear up his next witness, when Mr. gtablish a cause of action. I give that, the first summons against Lindsell said he could not go on judgment for the defendants with Haynes, relating to the letter on with the cases then. He adjourn- costs,

January 20, being withdrawn, the ed them until Friday at 2.30. p.m.

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