1932-02-25 — Page 11

SHIPS' PIRACY GUARDS.

SHIPPING COMPANYB ACTION AT HOME.

at

The right of the Crown to demand payment for the services of troops usad for the protection of British shipping against piracy in Chinaso waters was discussed in the Court of Appeal.

Lords Home before Justicen Scrution, Lawrence And Blesser, laat month as already cabled. The China Navigation Co., Ltd., appealed from a decision of Mr. Justice Rowlatt, in the King's Bench Division, dismissing an action which they brought against the Attorney General claiming declarations that they were under no obligation to pay for such services."

THE HONGKONG

Lord Justice BeruttonThat is their lookout, is it not?

Bir Leslie Scott-Yes Head- mitted that If the Crown refused to put guards in the ships the ship owners would have no remedy.

Lord Justice Serution-How many ships are there engaged la this trade?

The Attorney-General-About 200 passenger ships,

Lord Justice Serutton-How many men wors required per ship?

Bir Leslie BeattDepending on the siro of the ship, from an N. C. O. and six men to an N. C. O, and 12 mer.

Lord Justice Beration-That taking an average, about 2,000 men would be required from the Army in the Chinese Command.

Sir Leslie Scott. That is not a matter for this Court

Under Master's Orders, Sir Leslie Scott, K.C., and Mr. Valantine Holmen appeared for the Counsel read a speelmen. of the China Navigation Co.: and the At-standing orders for guards in the torney-General (Sir W. Jowitt, K.G.)»| ships, which provided: "You will the Solicitor-General (Sir T. Inakip, come under the orders of the master K.C.), Mr. W. Lewis, and Mr. 9. 0.¡ of the ship.” Hann Collins (Instructed by the Treasury Solicitor) represented the

Crown.

OP.

Lord Justice Serutton. That

is putting his Majesty's forces under the command of a private citizen. It is rather an odd proceeding.

Sir Leslie Scott.It is a War Offico

order.

Lord Justice Scrutton.-Tau

uro

Sir Leslie Scott said piracy had always more or less existed in Chinese waters, but siner the war it had be! conie a very serious menace. On the high men and along the Chinese const it took the form of internal really anking the Government to pro- tect you against your own pasien- pleary. Pirates came on board nogers, whom you carry for profit passengers, and at a suitable

Sir Leslie Scott-I cannot dispute portunity suddenly attacked and over-

that proposition. powered the officers, ran the ship in- to a pirate fair, and looted it. People were also taken prisoner and held to ransom. Many ships had been pirated, and there has been great Loss of life and property,

tha

whole

of the

02

Lord Justice Lawrence.-It you decline to carry Chinese passengers there would be no danger of internal piracy?

Sir Leslie Scott-J things definitely,

admit these

Lord Justice Stennez-But you any it was in their discretion, and if they decided to assist you they can't

Sir Leslie Scott--Precintly.

TELEGRAPH. THURSDAY, FEBRUARY 25, 1932.

Bir Lcsile Scott That may be CONSIGNEES' NOTICES. | CONSIGNEES' NOTICE.

merely an evidence of the humility of the municipality.

Lord Justice Berutton-I have not noticed any evidence of humility in Indian municipalities.

Bir Leslie Scott contended that a contract by a subject to pay the Grown for armed forces for protec- tion was a legal impossibility."

Case for Crown.

The Solicitor-General arguing the cane for the Crown, contended that the question of the extent of the tion was not a matter which could be duty of the Crown to afford protec- considored by the court, History showed that there was a long e tablished practice to make charges for forces used for protection, and the statues confirmed the impression that such practice was lawful,

THE NORWEGIAN AFRICA & AUSTRALIA LINE.

WICH. WILHELMSEN,

The Motership,

on

COMPAGNIE DES MESSAGERIES MARITIMES.

From DUNKIRK, ANTWERP, ROT- TERDAM, LONDON &c. via BÍLANGHAL

The Steamship,

"TOURAINE"

"DOCTEUR PIERRE BENOIT"" having arrived from Norway via ports Arrived Hongkong on Friday, the

the 24th February, 1932, con- 19th February, 1932.

Consignees of Cargo by the above signees of cargo are hereby notified that all good are being landed at name steamer are hereby informed non-hazardous, that their goods with the exception hazardous and/or extra thair risk into the

hazardous of Oplum, Tremauro and Valables are godowns of the Hongkong and being landed and placed at their rink Kowloon Wharf and Godown Co., in the Dodowns of the Hongkong Ltd., whence delivery may be obtained, Kowloon Wharf and Godown Co. Ltd. Goods not cleared by the 2nd March, Howloon, whence delivery can 1032, will be subject to rent.

| obtained as the goods are landed. -

Goods not cleared within 7 days including date of arrival, will be sub. Ject to rent.

be

Alt broken, chafed and damaged packages are to be left in the godown where they will be examined on the 1st March, 1932, at 10 a.m. by All claims must be sent to the uur Surveyors, Meurs. Anderson undersigned before Monday the 20th Asho.

February, 1932, or they will not be No claims will be admitted unless recognized. notified

and/or application for survey made in writing within ravon days after landing of the goods or in any case before the goods are taken delivery of.

There was, he submitted, nothing to prevent the King from disposing of or employing his forces how and where he liked, and to receive pay ment for services rendered to wha! extent he pleased. Subject to the control which wan exercised by Parlia. ment, the King had absolute direc- tion and command of the army, which included power to dispose of inen or stores as he might direct. The Army and the Admiralty had by long Claims will not be recoverable unless practice sold surplus stores, includ- complete accounts are sent in with ing obsoleto ships. There was non fourteen days of final discharge direct statutory authority to do that. ❘ of vessel.

No Fire Insurance will be effected but there was plenty of statutory re- cognition of the legality of the prae- | by us in any case whatever. tice.

Bill of Lading will be countersign-

THORESEN & CO., LTD.

Agents. Hongkong, 24th February, 1932. H.M.S. CUMBERLAND.

CARRYING OUT EXERCISES A'T SEA. II.M.S. Cumberland left yester day morning to carry out exerelsen at sea.

What applied to stores. he contended by ed, npplied also to men. Parliamen tary control was still retalned because all receipts had to be brought into account, and were scrutinised by audit. It would, he sabinitted, bei subversive of the whole management sind control of the army if the couri were to come to the conclusion that It was illegal to receive payment for men or stores of the armed forces of the Crown.

The warship's departure has

and

Damaged Packages must be left in the Godowns for examination by the consignees, Surveyor

the Company's Messrs: Goddard and Douglas at 10.00 a.m. on Thursday the 26th February, 1032. Consignees must have a Revenue Officer in atten dance when damaged dutiable goods verorealms will be admitted after the are examined by the Company's" "Sur-

goods have left the Godowns,

No fire insurance will be effected by us in any case whatever.

R. OHL,

Agent. Hongkong, 19th February, 1932.

THE BEN LINE STEAMERS, LTD.

From MIDDLESBRO, LONDON and STRAITS.

Successful Methods. Various methods had been adopted to deal with the menace, and finally naval or military guards were charge. an board British vessels. This had

The Solleitor-General, continuing

The Steamship. been completely successful in prevent-

bin argument for the Crown, kuid

"DENCLEUCH" Ing piracy. At first the shipowners.

Burden on the Crown.

there was historical proof of the fact

Consignees of Cargo are hereby were required to pay the messing ex-

thai for a great many years payment Riven rise to rumours here to the informed that all Goods are being penses of the giards put on board

Sir Leslie Scott, in further argu..

had been receives by the Crown for effect that it has left for Shanghal landed at their risk into the hazardous that both he and Mr. their ships, and to this they did not thent; wid

Holmes had eratched to find if the the services of its troops. There was, to assist in the evacuation of all and/or extra hazardous Godown of phlect, but sinco the spring of

he submitted, nothing in the Army British subjects. Enquiries at The Hongkong and Kowloon Wharf 1930 they hrd bren compelled Crown hru any statutory authority

Aet diminishing the power of the naval headquarter last night, & Godown Co., Ltd., whence and/or to pay the

demand payment for protection

Crown in that respect and with re- however, elicited the information from the wharves delivery may be expense of

used. given by the armed forces, and they guards

The gord to the diaposal of the army. The shipowners' contention was that had been unable to find any.

that ev

everything in normal, and with obtained. Lord Justic Lawrence-I

the exc

No claims will be admitted after this expenes

of one destroyer, no the Goods have left the Godowns, cavered by the burden in law and tact lay with the

exception House of Commons votes, to which Crown to show the existence of such military were asked to come to the

warship is under orders or on and all Goods remaining undeliver they contributed an taxpayers, and power, and they could not do it, heat of the evil authorities do you war

say they could say, "Yes, we will come, short leave. It is always the usualed after the 1st March, 1032, will be submitted, unless they could

but you must pay us. Suppose, say, practice to keep one destroyer in subject to rent. otherwise, which entitled the own, statute or a judicial decision recortils.

that the police were unable to deal | readiness to proceed immediately All claims against the steamer in ita executive capacity, to require ing the existence of auch power.

Lord Justice Serutton said he had with a situation. Do you any that the to sen, merely as a precaution must be presented to the Undersign- payment for that service.

litary authorities could any that? against pirates.

ed on or before the 15th March, 1952, ford Justice Seration. Can shium rekson to belleve that in Indin, in

The Solicitor-General-An'a mat- agil without guards,

or they will not be recognized, or must they some cases where English troops were

ter of constitutional political right I turn take them?

All broken, chafed, and damaged called out to help the civil power, a

It is a matter days. should say "No."

Goods are to be left in the Godowns, Sir Leslin Scott.-They can do 1. cinim was made on the muncipality

which would be discussed in Parlin.

where they will be examined on the Lord Justice Scrutton-Why don't for payment, and was met, But

ment.

29th February, 1932, at 10 a.m., by they do it?

there, was no evidence of that, and

Menara. Goddard and Douglas. the Court could not act on it, though he had been told of an actual caso.

Won

there was power,

ur

Sir Lesile Scoli-Because it is not safe.

COMING SHORTLY TO THE QUEEN'S.

CAN THERE BE A PERFECT MURDER?

GUILTY

HANDS

to

The Labour Battalions,

the

seven

H.M.S. Cumberland will not re-

to port for another Commons Statement,

London, Feb. 24.

In the House of Commons, Lord The Salleltor-General added that Stanley, for during the war the War Office rais

the Admiralty, an-

ed battalions of dock inbourers and nounced that no further British transport workers, who were regular-warships were being

ly enlisted and paid by the War Shanghal-Reuter, Office. The War Offer charged the

shipping and transport

adrapanies

ordinary trade union rates for the

servicen of these men.

Sir Leslie Scott said there was no evidence about this.

The Solicitor-General replied that It was a matter of history.

After a consultation, Lord Justice Scrutton and the Court thought it was important to know past practice with regard to payments received for naval and miliary services. The

must be adjourned for this to

LIONEL BARRYMORE'S NEW TRIUMPH.be ascertained, and he surested that

M

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Cức dạ MESSAGERIES MARITIMES

the Crown should. furnish a state- ment of what an official of the Wor Office could prove.

The Attorney-General said he would get the War Offee and the Admiralty to make exhaustive re- scarches and communicate the result to the other alle.

Sir Lealle Scott said his own in- vestigations led him to think that the field of inquiry was very wide. He hoped his clients would be given facilities for making inquiries.

The Attorney-Generat said he could not give any undertaking, but he had no doubt the authorities would be prepared to afford reasonable and proper facilities.

Lord Justice Scrutton said the case would be adjourned to carry out the inquiries which had been indient

ech

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THE

BRUNSWICK HOUSE Arcade, Gloucester Bldg.

To comply with the General Bonded Warehouse. Regulations, consignees must have a Revenue Officer in attend. ance when damaged dutiable goods are examined.

No Fire Insurance has been effected, Bills of Lading will be countersign. ed by

GIDB, LIVINGSTON & CO., LTD.,

Agents. Hongkong, 23rd February, 1932.

MRS. MOTONO: Massage.

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WHEN AT HOME.

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