1931-01-16 — Page 2

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FRIDAY, JANUARY 16, 1931.

THE

HONGKONG TELEGRAPHI,

COMPRADORE'S CLAIM.

BOXER INDEMNITY.

EDUCATION OR RAILWAY MATERIAL

Mr. W. E. Loveson writes to the Times-The text of the China In- demalty (Application) Bill is now before the country, price 1d. net, at HM. Stationery Office. Its frank cynicism, its blatant hypocrisy, and its incredible bad faith are laid baçe. We have only to be thankful that pressure of Government business is no heavy as to prevent the Bill being rushed through Parliament at the end

of a tiring Session, and that there is a breathing space in which to draw attention to its salient points before irretrievable mischief is done.

JUDGMENT IN ACTION

AGAINST FIRM.

Judgment was given yesterday by Mr. Justice Jacks in a Summary Court case in which a Chinese com- pradora, Leo Ming, mued his former employers. R. Johnson and Co., for salary.

The plaintiff claimed the sum of $800, being salary at the rate of $400 a month for the months of July and August, 1928.

FORGED DEPOSIT

RECEIPTS.

MANUFACTURING ENTEI- PRISE PROMOTED BY TWO MEN.

Allegations of the promotion of an enterprise, for the manufac ture of forged deposit receipt wore brought against two Chinese who appeared before Mr. William at the Central Police Court yester day afternoon on charges in res The defendants counterclaimed the pect of two forged certificates of Bum of $1,000 as damages for loss of deposit issued in the name of Chu business which they alleged they suf-Ki-chin by the Equitable Eastern fored by reason of the neglect or re- Banking Corporation for suma of fusni of the plaintiff during the months $1,000 and $10,000 respectively. of June, July and August, 1928, to The original indictments against two men were slightly The oft-told story of the projected perform his duties under his contract. the

The defendants engaged, the plain-amended when the case was men return of the Boxer Indemnity ja long tiff as their and complicated. It is probably true

compradore, under un

tioned, Mr. E.S.C. Brooks, who ap agreement in writing dated of Feb. to say that not 20 members of tho House of Commona know or care what

rua and commission.

18, 1920, at a salary of 2400peared for the prosecution, hand- ing in the new counts. The first the Bill contains. It is a brief Gov- ernment UIL to which there is a At the end of May, 1928, the de.defendant wan accused of uttering general impression that it is of a fendants gave the plaintiff thregand also of conspiracy, while the non-party character, and that it has months notice to terminate this agree-second was alleged to have had the official approval both of the mes but at the end of June-theypired with and also to have aidel| inte Conservative Government and of,damissed the pinintiff. The plaintifrand abetted the first defendan!. their Labour predecessors. In fact, claimed his salary for the remaining Mr. J. M. Remedios appeared for however, as I shall endeavour to show, two months,

the second defendant, the chargo: that in very far from the truth.

being denied by both necuaed.

ConB.

An Alleged Confession. Opening his case, Mr. Brooks

The defendants alleged that the plaintiff did not keep a suelent staff, and since the end of 1927 habitually neglected his dries. They found a new compradore in May, 1928, so at the end of that month they gave the anid that the facts were largely plaintiff three months nuties and at the end of June they dismissed the taken from a confession which the plaintiff, because the new compradore second defendant had made. In came and the new compradore had January 1929, the second accused made some arrangement with the delived at 46, Caine Road, where he fculants,

The Bill is more fully described as one to make further provision with respect to the application of the China Indemnity Fund, and of money paid an account of the China Indemnity. One would suppose, naturally enough, a little further particularization of the provisions of the Bill with the same title passed in 1925, a more explicit definition of the purposes upon which

money was to сян pended. Such, however, is not the case. The new Hill may be necurately described as one to reverse the pro- visiona sanctioned by Parliament with respect to the appllention of the fund, and to apply the fund to other pur poses, also to do the same to half of the moneys to be paid hereafter on account of the Indeminity. In brief, the former Art dediented the whole of the fund. already paid and to be pald, to educational and other pur Doses, while under the new Bill, the fund will be avent placing orders for ruilway materialn in Britlah work- shops, only one-half of future ammual payments to be retained for education. The stratagem or make-believe lles in the two words in the original Act, "and other" for it may be said that they cover any expenditure whatever. For example, they would allow of the purchase of a fleet of ships, or a quantity of scaling-wax, or some cab bages. or a line of kings. The Inte Archbishon of Canterbury put his

"There appears to have been no Anger on the spot when he sold that

loss of business for which the plain. his only reason for allowing the two tiff can be held liable, Mr. Johnson words "and other" to stand was that

said that but for the plaintiff's slack. he was "satisfied that the Governmentness he would have done better still does intend that the reference to

in 1928. This night or might not education shall have foll enehasia, have been so, but he gave no concrete and that the words "educational or evidence on this point. The defen. ather purposes" shall not be takendants appear to have done no largering Hoarding House, where he re-

was visited by a man, whose namej Hin Lordship found as follows:

was given as Young Chik-sang and "No evidence of any gross acts of with whom the two defendanta neglect or disobedience or any nets were alleged to have conspired. other then those which they had con- This man informed the second ac-j doned until they had found a new cused that they could secure em compradore was given by the de

ployment in Amoy and they accord- fendants to justify their Aummary dismissal of the plaintiff at the endingly went there. of June. Neither way any evidence Continuing Mr. Brooks said that given that the agreement was termi- on the boat to Amoy the second] nated at that time by mulunt consent, defendant met the first defendant,

"In the absence of such evidence I

who was introduced as Luk Pui- cannot consider that this dismissal

man, They remained in Amoy for was justified.

four months and apparently the "I give judgment for the plaintiffinb did not eventuate. They re-

A meaning that the money muy be used for any purpose on earth that the Secretary of State for the moment may think desirable. "I am quite certain" he concluded, “that what we want is exfucational progress. In the large neare of the ward and that the pinss of the money which we are giving back nesin to Ching shall be teed by the Chinese Committee for that purpose."

The framers of the prenent Act were emphatic that the words "and other purposes mennt other similar ur other cultural purposes. Mr. Pon- sonly, now Lord Pansonby, said that what the Government had in view was largely educational and cultural purposes, and that the whole gesture would be desecrated if there was any desire on our part to make a proft out of it. On the other side, Mr. Me. Neill, now Lord Cushendun, said that the words meant something in the nature of educational puposes, and that it would be disastrous, if we utilized the Bill na a means of ex. other tracting any commercial or profit for this country.

While on

the subject of those. famous, loophole, words and other," it in bitterly pertinent to recall the speech by Mr. James Hudson while the earlier Bill was still in the House of Commons. Mr. Hudson was not satisfied that, if the two words were loft in, there were adequate guaran. ces that the money would be devoted even primarily to educational pur therefore proposed an poseo. 1o amendment that the House should decline to give the Bill a second read. ing. i amendment was seconded by Mr. Daltan, and now that same Mr. Dalton, in his present capacity of Under-Secretary of State for Foreten Affairs, "presents" the new BUI, under which the greater part of the money is to be devoted to purposes wholly allen.

In spite of the official assurances -I have quoted, the House is now naked to scrap its former idealistic resolve, and to spend the money on railway

SALESMAN SAM

(WERE EARLY FOR "TH" LECTURE

TONIGHT SAM- LETS GO IN AND SEE IF WE CAN BE OF ANY ́ HELP TO PROFESSOR KNOWSITAĻL,

THE SPEAKER –

LECTURE TONITE

TOWN

HALL

PROP. KNOWS ITALL VÄLL SPEAK

L

for

$800 and costs on his action, With regard to the counter-claim, Mr. Johnson said that the years 1927 and 1928 were quite good years. Mr. Moosdeen, his book-keeper, said that the defendant's turn-over for 1927 was about four lakhs and that in 1028 it was about the same, and was round about that figure in the year 1029 and 1930:

volume of business during the years since the plaintiff left their employ than they did whilst he was with them. I am not satisfind that the defendants have suffered any loss or damage for which the plaintiff can las held res ponsible,

turned in May and on their way back Yeung Chik-sang suggested| to the second dofendant that they should start an enterprise for the manufacture of forged receipts for which Young anid they required a capital of $3,000. On arrival in Hongkong the second defendant handed him $600 for the manufac ture of these receipts and on dev eral subsequent otensions consi- derable other sums were pak.

Some months later, the first de- fendant arrived in Hongkong and lived in a room at the Sung Tung

months.

mained for about four On January 2. 1931, the second defendant went to the boarding house and there met the first do- tendant and Young.

His Worship: By arrangement won it?

Mr. Brooks: Yes, your worship,

"I give judgmeal for the plaivtill in the counter-claim with costs."

Mr. F. H. Laseby (Russ and Co.) | presumably. was for plaintiff,

Forgery Detected. Proceeding. Mr. Brooks said that materials. Apart from the disgrace attaching to this reversal of polley, Yeung produced an envelope con taining the two deposit receipts it should be remembered hat China's

if the debts for railway materials already which were the subject supplied and not paid for amount to

charges, Yeung asked the second many millions sterling; also that we defendant to look after the first are deeply pledged to allow China

defendant as he thought the first free access to the markets of the world for her requirements under the Aceused might get away after hav system of open tender. What will being received the money. The said by British merchants who sup second defendant accordingly ne.1. plied these materials, and wha maycompanied the first to the bank but rightly claim payment for them out of the fund? What will be said by the American State Department, who framed the policy of the open door and equal opportunity, and secured British endorsement of it at Washing ton In 1922 They will say that War debts and unemployment have para- lysed our statesmanship and made cowards of us all.

OKAY, Guzzie!

COUNT

THE

"TELEGRAPHS”

and then let us plan

your 1931 Advertising Campaign

remained opposite the Hongkong, Hotel showroom, from where he had full view of the bank.

The first defendant produced the depasit receipts, the forgery was

}

After the theatre

QURNVILLE

COCOA

Bo%

35

discovered by the bank officials and he was arrested.

His Worship: This information you say was mostly obtained from the second defendant?

Mr. Brooka: Yes.

ecl.

His Worship: At what slage Mr. Brooks: When he was arrest

he

was

His Worship: After he Was charged 7

Mr. Brooks: « After charged.

Mr. Remedios: Is my friend cer. tain it was after he was charged?

Mr. Brooks: Yes, the circums- tances under which it was made will be explained later.

Mr. Remedios intimated that he was not aware, until he had gone

to Court, that his cilont had made the alleged confession..

Evidence of the certificates of receipt having been produced for payment at the Equitable Eastern Banking Corporation was given by officials, while Mr. F. A. Howard, cashier, produced anmples of genuine deposit receipts for com parision.

Before the case was adjourned until to-morrow morning Mr. Romedion said that na he had not known of the confession carlier he would havo to Interview his client further and it was probable : that at the next hearing ho might pload guilty.

The case was adjourned till to merrow.

"No, better noi nak klen to-night, Alfred, dear. Leave it till wish end, when he taken his Minkation."

She has learnt feminine diplomacy and the art of - handling men from her mother. Father has spent long years in the troples and le at an age when ha doesn't want to be bothered denying himself the things which he likes to eat and drink yet which impose a burden on his liver. 8o.ho takes Pinkettes overy now and then and they keep him in tune. Pinkettes ara Liver and Laxative Perfection. They cleanse the food tract, tone up the liver and interiineu, Always knepi them handy.

LIVER & LAXATIVE INKETTE

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Oh, Splashf

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WHY, YES! YOU MIGHT HAVE MR. HOWDY

BRING ME A PITCHER OF WATER-

By Small

TO DRINK ?

NO

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