1932-05-10 — Page 10

1

10

THE

BLUE FUNNEL

LINE

REGULAR AND FAST FREIGHT AND PASSENGER SERVICES

LONDON SERVICE

ANTENOR

PHILOOTETES

11th May For Marrettles, Hull, Landon, Rotterdam & Olnagow 17th May For London, Rotterdam &

Hamburg

LIVERPOOL SERVICE

TEUDER

ATREUS

18th May

For Liverpool & Havre

3rd June For Liverpool & Barte

NEW YORK SERVICE ADRASTUS 14th May For Boston, New York & Baltimnio vin Philippines, Port Swettenham

& Singapore

PACIFIC SERVICE (via Koba & Yokohama)

4th Jnito For Victoria, Van"ver & Brattle 24th June For Victoria, Van'ver & Beattle

IXION TANTALUS

INWARD SERVICE BHEXENOR Due 19th May Frow New York IDUMENEUS Dar 15th May For Shanghai, Kolin & Yoke. Spally reduced fares are quoted for cargo ateamers with

"limited pasaangar accommodation.

For freight, passage rates and informatina apply to the under-

montioner.

All bookings are subject to the provisions of the Company's

Bill of Lading-

BUTTERFIELD & SWIRE.

Agante

ล

NY.K.

Reduced Through Tickets to Europe via U.S.A. Varying from £79 to £120-on Sale.

San Francisco via Shanghai, Japan Ports & Honolulu.

Shinyo Maru

Seattle, Vancouver via Shanghai & Japan Ports.

Chichibu Maru

Hikawa Maru

Ilye Maru

..Sunday, 15th May.

.Wednesday, 1st June

..Tuesday, 24th May.

Tuesday, 7th June.

& Suez.

London, Marcillos, Antwerp & Rotterdam 'via

Singapore, Penang, Colombo

Suwa Maru

Fushimi Maru

Saturday, 14th May. Saturday, 28th May.

Sydney & Melbourne via Manila & Ports.:

Kitano Maru

Atauta Maru

Iyo Maru

*Tottori Maru

Saturday, 28th May. ..Saturday, 25th June.

Bombay via Singapore, Penang & Colombo.

Wednesday, 11th May: ..Sunday, 20th May.

South America (West Coast) via Japan, Honolulu,

Los Angeles, Mexico & Panama.

Helyo Maru

Now York, Boston via Panama.

Saturday, 21st May.

Liverpool via Saigon, Port Said, Marseilles, Genoa &

Valencia.

Calcutta via Singapore, Penang & Rangoon.

*Toyooka Maru

*Malneca Maru

*Tokushima Maru

Kobe & Yokohama.

Durban Maru

Tango Maru

..Friday, 13th May.

Sunday, 15th May. Sunday, 29th May.

..Saturday, 14th May. Monday, 16th May.

Atsuta Muru (Calls Nagasaki) Friday, 20th May.

*Cargo only.

For further information apply to:-,

Tol. 30291.

NIPPON YUSEN KAISHA. (private exchanges to all Dopts.

INDO CHINA STEAM

NAVIGATION CO., LTD.

Destination.

Steamors.

To Teingtau via Swatow Yatshing.

& Shanghai

Norviken Chaksang Kwalaang

To Singapore, Penang & Yunnsang Kumsang Calcutta To Koba vin Amoy & Kumsang

Osaka

To Moji vin Amoy, Suisang

Yoko., Osaka & Koba To Sandakan '

Hinsang Yusang To Fiontain via Swatow, Cheongshing

Chipahing Foochow & Chefoo

To Shanghal via Swatow Sandviken

Sailings.

Wed., 11th May at 10 a.m. Sun., 15th May at 10 a.m: Wed., 18th May at 10 ani. Sun., 22nd May at 10 a.m. Sat., 21st May at

3 p.m. Sun.. 6th June at

a pan. Tues., 17th May at 7 a.m.

Tuos., 24th May at 7a.ru.

Tuos., 10th May at 11 a.m. Fri., 18th May at noon. Tues., 17th May at 7 a.m. 7 n.m. Sun.. 22nd May at Tucs., 17th May at 10 am.

For freight or passage apply to:-

JARDINE, MATHESON & CO., LTD.

Telephone 80811.

General Managers.

BUMMER TRIPS TO JAPAŃ--Excellent first class accommodation

is provided for Round Trips to Japan, on Company's Calcutta Line Steamore, at the specially reduce-l fare of $250. These return tickets a available for three months."

THE HONGKONG TELEGRAPH. TUESDAY, MAY 10, 1932.

ANTI-PIRACY.

GUARDS

TEST OF APPEAL CASE JUDGMENT

C. N. CO. LOSES The appeal of the Ching Naviga

V. tho tion Company, Limited' Attorney-General came up last month before Lord Justice Serut ton, Lord Justice Lawrence, and Lord Justice Sleener.

The Court dismissed the appeal by the plaintiffs from the decision of Mr. Justice Rowlatt in an action which raised the question of the liability of shipowners to pay for armed guards in ships trading in Chinese waters.

accordingly provided armed guards

maid.

the

kocp

tection

parts. Ministers

Д

His

Vested in the Crown.

and

of

of the King who was in the hands

tho

WILS

of

Now it was clear that thoro-was- a legal duty to protect the shipowner! against the criminal action of the wide margin of executive nets done passengers whom the shipowner him-by the King or his Ministers in rela

tion

the aelf had Invited aboard?

to the administration of The King, as head of the Army, Army which the Courts of Law might think that a way of affording would not interfere with or control. protection which, in view of other The Statute Law Revision Act, 1808, calls on the Army, he was not able faft unrepealed that part of the pro- to afford except on the terms that amble of the Act of 1000 (18 Car II., within those who asked for that special and c. 6) which recited that

Majesty's realmes extravagant form of protection for all enterprises which they themselves dominions the sole supreme govern had selected without any authority ment command and disposition of the from the King should pay for the Millitis and of all forces by ses and they wanted. for the land and of all forts and places of protection

and by the lawes of dangerous enterprises they them-strength is selves had chosen to enter on for England ever was the undoubted right of His Majesty and his royal pro- their private profit.

decessors Kinga and Queeper Jewellery Analogy.

England and that both or either of Bocause any jeweller who left the Hounen of Parliament cannot nor valuable jewellery at night only pro- ought to pretend to the same. tected by a plateglass window ngainati

Lard Haldano, in Halabury's Laws! smash-and-grab raids was in danger of robbery, were the police bound to

polleeman outside

overy of England (Vol. XXV., p. 87, sec. the preamble па the feweller's shop, or could they say, "160) cited you want this kind of individual pro-authority for his statement that

The government of the forces is you, the individual, must pay By their statement of claim the plaintiffs said that they were incor for it? Because every owner of a vested in the Crown, who has power porated under the Companies Act motor-car who used the street as le make regulations as to command and carried on a shipping business, mole

garage and left his car unprotected

and administration,

The Courts ropeatedly refused ularly in Chinese waters, con-

quantity of valuable ran the risk of losing it, were the

to intervene in questions of pay and a large

numerous and

passengers. police under a legal duty to keep

policeman i

in charge of every car service, though the Royal Warrants cargo

to to entitle the claimant Chinese waters, they said, were in which the owner had left in self-

appeared fected by pirates, and the need for

danger, or might the police what he asked the Court to give him. so whether the claimant protection of ships and, cargoes andthorities say that if that kind of That was of the lives of pag

passengers and crow

Tho adminis- tired by the Crown for special protection was wanted and asked relief from the King or from

officer. had been nad recognized

are, and the Crown could be afforded the individual must the executive The House of Lords, intration of the for it? very many

unless expressly Limited Brothery Buuren Glasbrook waters. to be carried on ships in those

Glamorgan County Council (41 The controlled by Parliament, could not be By a letter from the Admiralty, dated Times L.B., 213; [1926] A.C., 270), controlled by the Courts.

The constitutional aspect of March 18, 1930, the plaintis accepted the second alternative. that they were informed that

In his opinion there was no legally financial side of the question provision of armed guards would only be continued subject to the condition enforceable duty to protect British more fully explored in the Court af that the guards should be paid for property from danger in foreign Appeal than in the Court below. The

any, was by Court of Appeal was anxious The remedy, f. in full by the shipping companies.

exactly in what kind The

to take steps either by eases the Crown received money for decinrationccordingly claimed pressure brought by Parliament on ascertain

that the stipulations pressure brought by Parliament on the sale or use of Crown or public fur the provision

ervise to materiais, or the services of members of protection

or otherwise to diplomatic action

under subjects. Britons for- of the national forces, anil against, and for the prevention of protect British

on them piracy sought to be imposed on tunately were enterprising people what authority, and how the sums so dealt with 111 the by the letter of March 18, 1980, were cately

British national the

consequence Accounts. In legal and unenforceable against the accustomed to look after themselves; received were

suggest a duty plaintiffs and void; further, thut the G Government tu follow adventuroux the hearing was adjourned, and the plaintiffs were under no obligation to Britons all over the world into places Attorney-General supplied the Court make any of the payments to or fer the use of the Crewn for which the where their personal wishes or adven-with two detailed memoranda dealing

tures had taken them,

they ly. that song as and whenever in the had got themselves into, did not re-

Payments to Navy and Army. view of the Crown such protection

In the case of the Navy, it was was required, the plaintiffs wore present a legal duty of any kind.

Before that Court, while the ques- entitled to enjoy the same without making any specifle payments there.tion of duty to protect was argued obvious that the Admiralty constant- as correlative with allegiance, more received payments from outsiders, for.

stress was laid on the argument that foreign Governments, or British and By his defence the Attorney- General informed the Court that his the Crown had no authority to de- foreign subjects, for work done for, mand payment for the use of it or services and materials supplied to,

outsiders;

and Majesty was not under any duty to armed forces. Mr. Justice Rowlatt those

Admiralty RO acted without any authority from statutes. armed guards or to use hisd not deal with that argument, but

or military forces for the pur-treated what he called using. the express pose of preventing the outbreak of treets for rewards he a matter to though the sums which they recover- fed were dealt with in the Appropriu- internal piracy on British ships; and which no objection could be taken.

tion Act. A similar series of pay- that certain armed guards had been

Control of the Army.

ments to the War Office for the supply! from time to time provided on the

important question was thus of materials and men was set out in of request of shipping companies on the

that the whole terms

thereof raised as to the exact powers of the the Army memorandum, Nono cost should be by the shipping com- King, as head of the Army-whether those payments were required or pro- panies, including the plaintifa. his Majesty by his prerogative could tected by express statutory authority: Mr. Justice howlatt held that the regulate the Army as he pleased, all were said to be justified by the રમ the King, netion was misconceived and that the far as he was not expressly restrain- uncontrolled discretion

ed by the Army Act or the financiains head of the Army, in matters in claim must be dismissed.

of which he was under no provisions of the Appropriation Act; respect Sir Leslie

Scott,

Mr.or whether the position was not that express statutory restriction, such as Valentine Holmes appeared for the the King, as head of the Army, could the requirement that he should not appellants; the Attorney-General only incur such expense and take supply more men er spend more

than money

Parilament authorized. action as was nuthorized by Sie such Thoinus Inskip, K.C.), (Sir

the men or William Jowitt, K.C., Mr. S. O. enn statute, and especially could not de-Ile need not employ all

the money

that Parliament afforded spend all Collins, K.C., and Mr. Wilfrid Lewis mand money for protection afforded

armed forces,

was said authorized. The matter was left to for the respondent

to be imposing a charge on the the uncontrolled discretion which he The Judgment.

uf exercised by hie Ministers. subject without the authority

no Courte could not question it, though Lord Justice Scrutton, in giving Parliament. But if there was judgment, said that he entirely agreed duty to afford antleipatory protection Parliament by votes of no confidence

it. до charge was

The financial side of be was that there was no legal duty on the posed on the

question of imposing a a charge on

without the

consent Crown to afford by its military forces not bound to accept the protection the

he subjects

illuminated by two!

to

Linulations provided; and, further. themselves from the difficultlece with the Navy and Army respective |

The plaintiffs APK.C., and

duty

The

wns

rendered services

.

that the

or

The

of

ARISTOCRATS OF THE PACIFIE "EMPRESSES"

Offer the Utmost in SPEED-SIZE-SPACE-LUXURY

AND

SERVICE

Empr. of Aula Empr. of Canada Empr. of Hotsia Empr. of Japan Empr. of Asla Empr. of Canada

Empr. of Russia Empr. of Japan Empr. of Asin

liong Kong Shanghai Nagatak!

LESTI COATE May 20 May 23 May 24 Juno 3 June 6 June 17 June 20 June 21 July 1 July 4 July 15 July 18 July 19 July 29 Aug. 1 Aug. 12 Aug. 15 Aug. 15 Aug. 26 Aug. 29 Sept. 8ept.12 Bopt. 13

Kobe Yokohelda Honolulu Vanoongar Loure LAKTY LASTO Atries May 26 May 29 June June 8 June 10 Juna 16 June 23 June 95 July 6 July 8 Jaly 14 July 21 July 23 Aug. 3 Ang. 6 Aug. 11 Aug. 18 Aug. 20 Aug. 27 Aug. 31 Hept. 2 Repi. U Sept. 15 Bopt.17

June 10 June July 4

July 19

Ang. 1

Aug. 16 Sept. 8 Bapt. 13 Bopt.26

Enjoy every minute on a floating Palace. Supreme Luxury, -Congenial Cosmopolitan travelling companions

international atmosphere, countless diversions WORLD famous CUISINE

-SERVICE

Passengers desiring to travel comfortably on a Limited Budget should ask about the EMPRESS TOURIST CABIN accommodation

SUMMER EXCURSION EXCEPTIONAL LOW FARES.

To JAPAN-HONOLULU—VICTORIA and VANCOUVER.

HONG KONG MANILA

EMPRESS OF ASIA

Leave Hong Kong Arrive Manila

May 11

May 18 For further information please apply to:--

CANADIAN PACIFIC

PRESIDENT LINER-

SAILINGS

REDUCED ROUND TRIP RATES

TO CANADA AND UNITED STATES.

Seattle and return

Angeles and return

G$630.00

G$656.00 to G$674,00

Time Limit-One Year.

with the view of Mr. Justico Rowlatt in foreign pfect, because as im-or.pressure might inthe matter,To Victoria-Vancouver- I protection in foreign parts to British and need not any money unless he

put the Treasury. The To San Francisco & Los A missionary, self- asked for protection which the Crown acrificing devotion to his region was under no duty to afford to Arst set out the way in which receipts He (his Lordship) was reluctant views, went without the consent of

by the Army in- discuss the matter under the head of for the Crown into savage countries, "Prerogative" because, as Professor and Nave had been dealt with during | habited by Lribes who strongly objected to the missionary's denounc- Dicey said (Laws of the Constitution, the last 120 years. After much dis

cussion the sytsem was put on ing their religion. lind the Crown ap. 61), the word introduced the

and to follow protect the political controversies of an earlier statutory footing in 1801 by the missionary and send armed forces to age whether the Sovereign had some Public Accounts and Charges Act (54 him from his self-imposed power which could not be superneded, and 56 Vict., c. 24). Section 2 dealt denger? A shipowner, without the regulated, or abolished by Act of with all such receipts ny

ne appropria for

Parliament. Professor Dicoy treated tions in aid, under the direction of the pur- assent of the Crown, traded

Treasury,

provided by of money poses of his own profit In neighbour-the Prerogative (p.. 421) as the name parliament for any purpose, and as hoods which were

new To Victoria-Vancouver-Seattle policed by foreign Governments; for left at any moment in the hands his profit he took on board large the Crown, whather such power, be in and dealt with. The suggestion that numbers of foreign passengers going fact exercised by the King himself or such receipts were not authorized by which Parliament disappeared. The second on the high seas, or up a navigable by his Ministers. Every net

port. He was the executive Government can law-memorandum showed in detail, in the To San Francisco and Los Angeles a foreign river to unable tu control those foreign fully do without the authority of the case passengers or guarantee their penée-Act of Parliament is done in virtue of appellant

althis prerogative. Crown ful intentions. Had the

SHIPBUILDERS,

SHIP REPAIRERS,

BOILER MAKERS,

FORGE MASTERS, OXY-ACETYLENE AND

ELECTRIC WELDERS,

MECHANICAL AND

ELECTRICAL!

of a payment by tha present

company for services (Continued on Page 11.)

-DRY DOCK- Length 787 Feet

OF HONGKONG, LIMITED. THE TAIKOO DOCKYARD & ENGINEERING COMPANY

SALVAGE TUG “TAIKOO”

Wireless Cali

V.P.8.IL. 800 Mežars.

ENGINEERS

Tel. Address 3.../* TRIEDODOCK ***

Telephone Rs. 30211,

Call Flag: “#” ever »ANS. PENNANT,S.

Length on Blocks 750 Feet.

Depth on Centre of SO(H.W.O.S.T.) 34 ft. 0 ins.

-THREE SLIPWAYS- Capable of Handling Ships up to 4,000 Tona displacement.

Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radius.

BUTTERFIELD & SWIRE,

Agents. HONGKONG, CHINA & JAPM

SUMMER ROUND TRIP RATES.

First Class G$540.00 Special Class G$300.00

First Class G$562.00 Special Class G$345.00

On Sale June-July-August.

Return limit December 31..

DOLLAR STEAMSHIP LINES AND AMERICAN MAIL LINE

CANTON BRANCH-No. 4 Shakee Streat.

SERVİCE OF FAST MOTOR VESSELS

(with Limited, but exceptionally good, passenger accommodation). Homewarda to:

Porta Sald, Génoa, Algiers, Oran, Rotterdam (Amsterdam), Hamburg, Oslo, Gothenburg and other Scandinavian Ports. via Manila and Straits Settlements.

Outwards to:

Salling about

29th May. 27th June.

M.V. "NANKING" M.V. "TAMARA"

SHANGHAI, & JAPAN PORTS.

Sailing about

M.V. TAMARA" M.V. "PEIPING" Passenger Rates:

28th May.

27th July.

"A" Class

"B" Class

Hongkong to Genos

257

£52

Hongkong to 1st North

Continental Ports

062

257

THE SWEDISH EAST ASIATIC CO., LTD

Agente:

GILMAN & CO., LTD.

Hongkong.

C. £. HUYGEN,

Canton.

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