THE HONGKONG
TELEGRAPH. MONDAY, AUGUST 31,
1936.
Hongkong Merchants Fear Heavy Losses If War Breaks Out Between Nanking, Kwangsi
"FORCE MAJEURE"
CLAUSE WANTED
AS SAFEGUARD
CARGOES HELD UP AWAITING END TO CIVIL UNREST
"Telegraph" Staff Reporter
HONGKONG merchants are seriously perturbed at the
increasing tension in Kwangsi.
Local shipmers fear that if civil war breaks out he- tween the National and Provincial Governments, there will be serious repercussions in Hongkong.
It is understood that several merchants have attempt- ed to obtain certificates of "Force Majeure", which would protect shipments held up as a result of the civil war.
But, it is feared, such Certificates are unobtainable under such circumstances.
Considerable misapprehension exists in Bangkong regarding the use of the term "Force Majeure" and as merchants seem to hold" erroneous idens on the subject, the following opinion given some years ago by a well-known lawyer, who has now left the Culany will be of interest.
A
44% storm;
Purce Majeure", otherwise called “Art of God', means not i mere misforinne but something overwhelming, such fightning and tempest, which could not happen by the intervention of man, and loss from which could not have been prevented or wvoided by any reasonable amount of foresight, pain or care," he wrote as his opinion.
~The iden, therefore, that civil war in China is an “Act of God' or 'Force Majeure' is hopelessly erroneous, -
"Further, in the conditions that have prevailed during the lant twenty years, civil war in China is certainly not a matter that could not be anticipated by reasonable foresight.
"Even a Force Majeure clause in a contract that was ed.f. ¡ Hongkong would not relieve the exporter, even if force majeure' was in existence in the interlor of China.
"The only thing that would relieve the exporter' would be 'force majeure' In Hongkong!"
WELL-KNOWN shipping, however, would obviate this risk, as dictionary defines "force
it would protect shippers against. majeure" as a term use: 15 denote claims aring out of delays, etc, in circumstances or events which noj
delivery.
Under normal circumstances, Hong-
human precaution could have kong does a fairly large river trade averted, or which fraudulent with werbow and Nanning, the two intention could have produced, principal inferior ports of Kwangsi.! and those dangers and accidenta; imports into the Colony from which are beyond human power Kyansi consist principally of wo
to control or to appose.
Many Hongkong mer.hants are
of the opinion the civil war in
oil and essential oils and feathers.
China shoukl constitue OTHER PEOPLES'
majeure."
Que prominent ajereham mad mer
to
"If Hongkong merchants were decline ordinary risks. every there was a threat of civil war in China, Business would quickly bej ruined. Yet what are we to drs, This threat of civil war in Kwangsi bus hung over our hends for months.
"Are we expected to suspend business until, the threat vanishes? Some defuite understanding should be given to Hongkong slippers that
they will receive protection in the
event of actuat hostilities."
MONEY
Local Will
Debars Any Who Try To Set It Aside
A CLAUSE in the Will of
the late Mrs. Edith Enquiries indicate that many ship Sugden, formerly of Shang- pers in this Colony have suspended shipments to Wuchow and Nanning, hai and Hongkong, and wife' rather than ake a risk. As a re- sult cargoes are rapidly piling up.
of a former Commissioner
A "force majeure clause in the for Chinese Maritime Cus- documents accompanying cargoes, toms, provides that any persons interested under the New H.K. Will who, attempt to set it aside, or in any way molest Stamps
or annoy her husband and son, will forfeit all moneys, Printed
etc., to which they may have been entitled.
.
BUT NO PUBLIC SALE UNTIL CORONATION
New Hongkong stamps of the King Edward VIII reign will not be on sale this year.
This information was officially supplied to the "Telegraph" this morning.
Three now stamps are, however, being printed in preparation for their sale to the publle at a date that will be as near as possible 'to the actual date of the Coronation.
Mrs. Sugden, who died in Kensington on January 15, left local estate to the value of $135,-
.000.
Her Trustees were directed to re-invest the moneys arising out of the estate and to pay two- thirds of the income to her hus- band, Mr. A. H. Sugden, and son, Mr. A. H. Sugden, Jr.
In accordance with the terms of the will, the remains of Mrs. Sug- den were cremated and scattered after her death.
The entire estate of the late Mrs, Annie Young, formerly of Hong- kong, who died in Bristol on April These stamps will be the cent, 1, was left to her daughter. Mrs. which will be green, the 15- cent.T. M. Widdowson." The local which will be red, and the 26 cent, estate was valued for probate pur.. which will be blue.
posés at $20,800.
Once the stamps are issued, they The late Mr. L. E, Longbolton, will be on sale permanently. In chief draughtsman of the Publie England, certain King Edward VII Works Department, who died in stamps are being placed en anle Kowloon Hospital on July 12, left. temporarily in October, to be with his entire estate to his wife, Mrs. drawn after a few days until the Derothy Longbottom. Local estate
was valued at $7,700. ¡Coronation.""
state
CITOYEN, OF SPAIN
Amazonian girl soldier, carrying pistol and wearing military emp. 1:1
drink before going into action, with Government troops near Mativid University,
SCHOONER AND
JUNK TO CROSS THE WORLD FROM HONGKONG
DEEP SEA ADVENTURE WILL TAKE FOUR YEARS TO COMPLETE. "Telegraph”--Staff-Reporter
THE
sea is calling the adventurous young men of Hong: kong.
T1
Between now and the end of the year two local re- sidents may be chosen to aid in a voyage of scientific dis- covery that will be the most adventurous since Drake cir-- cumnavigated the world in the Golden Hind.
Two ships--both new--will make up the expedition.
One, A 75-foot schooner of American pattern, is being built at Ah King's slipway in Hongkong. The other, a Ningpo junk, is being built in Shanghai,
The junk will be launched in November and will come to Hong- kong before Christmas. The yacht will be launched and completed by the end of the year, and the two vessels will set out on their ad- venturous trip half way around the world on January 15.
The man behind the adventure is Mr. Thomas F. Kilkenny, well-known American yachtsman, big game hunter, treasure hun. ler and deep-sea sportsman,
ten scientists, and Mr. Kilkenny is already in, modation for tion of the yacht, which has been and a crew of four Chineas will tra- Hongkong, supervising construc-associates and a Chinese crew. Five Americans, including Mr. Kilkenny, designed by O. Stephens, of vel in the schooner.
HE'S OPTIMISTIC
trans-Atlantic winning yacht- Only one junk, of much smaller
design fame.
So far as the junk is conceinad,
built than the one now under con- struction, las aucceeded in crossing the Pacific. No vessel of this type, so far as is known, hun ever crossed the Atlantic.
the voyage will be one of a purely scientific nature, American veien- tists, motion picture cameramen and atventure-lovers to the num bar of 20 will arrive in Hongkongmistic regarding the outcome of the to join the expedition late in Decem
ber.
Passibly two or three Hongkong residents. they have a flair for deep-sea adventures, will be allowed to join the expedition.
The route will be west to the Philippines and Dutch East Indies, up to Singapore, and thenea to India, the Persian Gulf, through the Suer to the Mediterranean and then across the Atlantic to New York.
The achooter will accompany the junk on the entire voyage, which will not end until 1939. A year will be spent travelling and on scientific in vestigation between Hongkong und Port Said..
|
Mr. Kilkenny is supremely aptl- adventure. "The Diesel engines wil get us to our destination, and we've plenty of time to spare," he said this morning, whon I interviewed him at the Gloucester Hotel.
ולם
Deep-sea adventure has called Mr. Kilkenny since his early childhood.
Today, when
American business-mana
wants a thorough- guing, honest-to-goodness adven .ture-vacation he calls an Mr. Kilkenny he does, that is, if he Is the rugged sort who can take it.
TREASURE HUNT
The bows of many vessels of all types, with Thomas J. Kilkenny, ut the wheel, have poked into many odd corners of the world during the port two. dacades. He has salled amall After arrival in New York the boats. over Alaska's stormy Reas junk will be placed on exhibition at cross the vast stretches of the South the New York World Fair.
the
Pacific and Atlantic and down into Both ships will be Diesel-engine infrequenteil stretches of the equipped. A 100-hp. Diesel engine southern hemisphere. for the schooner has already arrived Two years ago Mr. Kilkenny set in Hongkong,
out with a yachting party on a trea The hollow spars for the schooner sure hunt in the West Indies. They are being built in Germany and wil found no wordly treasure, but arrive here shortly.
results of that expedition are written. One of the biggest casting jobs largely in Mr. Kilkenny's book of ad- ever undertaken at AhKing's ventures. The party was wrecked on *ship-yards -- In the construction of St. Thomas, in the Virgin Islands,
the keel for the schoonera No less cast ashore, and happily rescued by. than 30,000 lbs. of lead will be used a U.S. Constguard vessel, for this joblonde
The exterior of the junk will be of strict conventional, design, but more
And now, helgko for a 20,000 mile jaunt that, for sheer adven- ture and thrillä on a small craft,
luxury-will-be÷Tavished-on, the in--| --will beat the Golden- Hind Into..at. totier, - which; whit, provide, scoom--Admiral's hat.
t
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Pianoforte Recital From The Studio
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From Z.B.W. on a wavelength of 355 metres (845 kiloeyeles);
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7 p.m. Richard Tauber (Tenor). Albert Sandler and his Orchestra:
nur Lachein 1. Song-Immer (Lehar; 2. Orchestra-Cuban Ser- (de enade (Midgley); Maruschitu Leut); 3. SongYou mean the world to me (Marischka); 4. Orches- tra-Illusions (Gade): Give me your heart (de): 5. Song Melodie (Rubinstein); 6. Orchestra-Prolude (aydn Wood); For Love of you (Franz Vienu).
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Programme..
1. Prelude,...Bach; 2. Nocturne.. Chopin, 3. Mazurica... Chopin: 4. Prelude.
.... Chopin: 5. Prelude.. Scriabin.
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311-
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11 .. Close Down.
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8.03 p.m. Selections from Dream too much" and "Limelight" played by Patrjuta Rossborough (Piano),
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8.30
"Concrete in D Major
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1st Movement-Allegro moderato. 2nd Movement-Adagio.
3rd Movemen!--Allegro,
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p.m. Nows and announcements
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"Summit" with loose collars to match. Frants, cuffs and col- lars of fine Marcella. body of light longcloth. Two collars to match each shirt.
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Less 105% rush discount
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Orchestra-Heart's Desire--Selec- tion... Cine Studio Orchestra; Songs-1 Travel Alone; As I Sit here
Lestle Hutchinson; Fox-Trot- Log Cabin Lullaby: Looking Forward. to looking after you Joe Loss
Amour (Love's Joy); Will you and his Orchestra; Songs-Plaisir
Jessica
(50-
Dragonette prano): Humorous-King Cinute: Melodrama of the Mice... Mr. Flotsam and Mr. Jelsun; Fax-Trot- Say the Word and it's yours; Waltz --When the leaves Bld the trees"
Fillis goodbye. Len
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10 Big Ben from London, Close Down
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Transmission 1
(G.S.D., G.B.I.)
melkes
2.15 p.m. lg Nea.. "Apling the ear." 2. p.m. Syncopated Plano Holon by
'xx Desmond, 2.13 p.m. "Down to the 'Ben in Shipa: S
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3.5 ppm. The 1.1.C. Empire Orchestral 15 pm. The News and Announcements. Greenwich Time Bignal at 4 pum.
Transmission 2
(G.S.G., G.5.1)
7 p.m. Dig Ben A Ballad Concert. 7.30 p.m. The Wiltby Municipal Orchestra, 8.10 p.m. Cricket, Middlesex v. Surrey. 8.30 p.m. "Areund the Counties, ¿""
Greenwich Time Hignal stp.m,
The News and Announcements. 920 p.m. Arthur Salfibery and kl Or
choeira.
gp.m.
Transmission 3
(0.8.1, 0.9.F.)
10 pm. l Ben. The D.B.C. Well Or
cbeatra.
11 p.m. Heading.
11.13 p.m. The Northern
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Ireland Brac
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with Webster Booth.
The health bulletin of Eastern Ports for the week ended August 22 shows the following, cases of inter- ulous diseases: Plague-Colombo 1 case; Cholera-Bassein 1 case, Cal- cutta 18 cases, Negapatam & cases;
Cases, Cal Small-pox-Bombay 7 cutta 11 cases, Moulmein 1 case, Vizagapatam 1 case, Shanghai 1 care and Osaka 3 cases.
Two cases of Typhold were re- ported to the local Health authorities on Friday.
SUNDAY PREMI
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