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His Lordship-Before I pronounce my deci- sion I should like to say that I am not at all satisfied with the conduct of the debtor towards the Committee of Inspection. I feel quite clear that he has not given such assistance as he ought to have given. Without expressing any opinion upon the merits of the application I should like to ask Mr. Price to consider whether, as the estate has really been administered with the excep- tion of one matter, he could not let the debtor assist him in that matter by giring him all the information he could and this keep the door open, because it would be a pity to adjudicate the debtor a bankrupt if the thing has been virtually closed. I think if the debtor is willing to give assistance I should be willing to let the door remain open a little longer for him.
-
The Official Receiver-This compradore ac- count is an important part of the matter, my Lord. I have been threatened with writs and all sorts of things for detaining the security.
His Lordship-Now he is in the colony it seems to be that the debtor should show & proper spirit and he may be able to dis- close, the whole thing if he is willing. That is my view. I will give him a week, dur- ing which he may give assistance and if he frankly and readily assists it will be satisfactory. I do not think that in these present proceedings it would be right to punish him for his conduct if the scheme was not
affected by that conduct.
"
The case was ment between the pa settlement.
November b. 180
vember
EXTRAORDINARY CHARGE OF
FORGERY AGAINSTA
EUROPEAN.
the accused are of the most serious nature and
man
THE HONGKONG WEEKLY PRESS AND support of his argument and said that such proceedings as these by the master and orew while they were actually on board à foreign
were unheard of vessel
in Admiralty practice. Vessels were sued either after their return to the port where, either through misfortune or misconduct, the men were dis- charged; but until they were discharged from a ship counsel was not aware of any proceedings
Inspector Stanton on Thursday night against a foreign ship by which they could
Charles McKinley, assistant in the emp recover, and he asked his Lordship to say, in the words in a judgment of Sir Robert Philli- Hongkong Electric Co., Limited, on more, that the proceedings were a gross abuse of forging a letter or document, dated 3r of the process of Admiralty" Counsel then ber, purporting to be signed by Mr. W Fa pointed out that in the case of a foreign ship of the Victoria Hotel. The allegations against notice of action should be given to the consul for the foreign Government resident in the port present some extraordinary features. in which the case arose. He submitted that the that owing to a dispute about a Chinese
McKinley has shown an antagonistic feel consul was merely the recognised agent of the foreign Government and, as the cases he had wards Mr. Raymond, the second officer of the quoted pointed out, it was not a question of the steamer Hanoi, which trades between Hong- jurisdiction of the consul, but a question of the kong and Haiphong, and thi
became intensified towards the end of last comity of nations, and that, where there was no
month. McKinley, it is alleged, resolv consul, any person who was authorised to repre-
have revenge and with this object he put into sout the foreign Government concerned was equally entitled to come before the Court and give operation & most cunning scheme, by which he reasons why, in the opinion of the foreign Govern-intended to bring about serious trouble to Mr. ment concerned, the suit should not proceed. Raymond. On the 3rd October Mr. Raymond They were not able to say what the Chinese received a parcel and a letter. The letter was law on the subject was. Probably one might signed "W. Farmer" and it explained that the say that China was not sufficiently advanced in parcel contained photographic plates and asked Mr. Raymond to deliver it to a hotel keeper in maritime matters to have any law on the sub- ject, the ships carried on on the same footing Haiphong. Mr. Raymond personally knew Mr. as the mercantile marine of the civilized world Farmer, of the Victoria Hotel, and also the hotel keeper in Haiphong, and he kept were so few.
the parcel in his cabin, intending to deliver it when the vessel reached its des tination. On arriving at Haiphong French customs officers boarded the, boat, seized the parcel in Mr. Raymond's cabin, arrested Mr. Raymond, and charged him with smuggling opium. Mr Raymond, as may be imagined, was astounded at these proceedings, but his professions of innocence were of no avail and he was committed to prison for fourteen days in addition to being ordered to pay a fine of $600. This sentence was afterwards reduced and Mr. Raymoud served only five days in gaol, but he had to pay the fine of $600. On being released The Acting Attorney-General-He is en-
Mr. Raymond resumed his position on board the gaged by the charterers, Messrs. Bennertz and
Hanoi and on reaching Hengkong again wentand Co. The owners have no right to bring this
informed the police of all the circumstances ho motion; they have no locus standi.
knew of the case. Inspector, Stanton made en Mr. Francis The owners are the defend-quiries and unfolded the extraordinary plot, and auts, my ord. My friend has not read the the result of it all is that the allegations made writ. The writ says "the owners and all others against McKinley are that he forged the interested in the Ningchow" In Chambers the letter, that he made up a parcel of opium and plaintifs fore proceeding against the char other day. there was no assertion that the
not photographic plates, and that after his scheme had proceeded thus far he went and terers. I am afraid my friend is not fully informed the French Consul in Hongkong instructed.
that Mr. Raymond was smuggling opium, and the French Consul at once telegraphed the information to the authorities at Haiphong- Stanton arrested McKinley and on the 30th After learning these particulars Inspector
October he was brought up at the Police Court and remanded, bail being allowed in sureties amounting to $500.
Mr. Grist said the matter would be pushed forward as speedily as possible, but the iron contract was one which only experts could settle.
His Lordship-I adjourn the case until next Thursday, and if the matter cannot be adjusted by that time it will have to be further considered.
IN ADMIRALTY,
30th October..
BEFORE HIS HONOUR DR. CARRINGTON, C.M.G. (CHIEF JUSTICE.)
44
JÓHANN FRAHM V. 8.8). NINGCHOW,"
THEODORE RING AND OTHERS V. 8.8.
AND
** NINGCHOW." In these suits the defendants moved that the actions be dismissed.
Mr. J. J. Francis. Q. (instructed by Mr. H. L. Dennys), appeared for the parties moving, and Hon. H. E. Pollock, Acting Attorney General (justructed by Messrs. Johnson, Stokes, and Master), represented the plaintiffs.
Mr. Francis said in the first action the plaintiff was the master of the Ningchow and in the second suit the plaintiffs were the officers and crew, and the actions were brought to recover wages. The two main grounds for making the motion were, first, that the plaintiffs were suing for their wages while they were on board a foreign ship and in the employ of the ship qud before their engage. ments were concladed; and, secondly, that the vessel had been brought into the jurisdiction of the Court by frand and by trick. The vessel had cleared at Shanghai for Chefoo, and after having so cleared she was brought down here in ballast for the express purpose of removing her from the jurisdiction of the Chinese Govern- ment. The vessel was owned by the Emperor of China and the only representative of the Chinese Government in Hongkong was the Commissioner of the Imperial Chinese Customs, Mr. H. M. Hillier, who was served with the notice of these procedings by the plaintiffs' solicitor as being the only representative in this neighbourhood of the Chinese Government.
The Acting Attorney-General-Of course, my Lord, I do not admit he was served as the consular representative.
Mr. Francis-I did not use the term "consular representative."
The Acting Attorney-General-There may be a dispute as to the exact meaning of that.
Mr. Francis said it amounted to this. The plaintiffs solicitors, being about to institute proceedings against a Chinese-owned vessel fying the Chinese flag, served Mr. Hillier with the notice in exactly the same form as would be served on the consular officer if such officer had been here Counsel then quoted cases in
*
The Acting Attorney-General-My Lord, we do not admit that the Chinese Government are the owners of the vessel.
His Lordship-Mr. Attorney, I must say that it does strike one as extraordinary that this captain in his affidavit states that he does not know who the owners are.
The Acting Attorney-General-He knows there is some taotai or mandarin connected with the ressol.
His Lordship-On the face of it, I think it is strange that the captain does not know, who
the owner is.
Mr. Francis again asserted that the ship was brought down to Hougkong by trick the captain in clearing the vessel for one port and by a deliberate act of frand on the part of
and coming to this.
tho
The Ating Attorney-General, for plaintiffs, said that many sweeping statements had been made in the course of Mr. Francis's Counsel readily retaliated by making address. an observation his learned friend made the other day, that when a counsel had a weak case he usually abused the attorney on the other side, The observations were mere abuse and rested op no foundation whatever. If His Imperial Majesty the Emperor of China was the owner of the ship, the charter party should be pro- duced. The captain had not admitted that the Emperor of China, as counsel would call him for short, was the owner of the ship, and it was a disputed fact in the case.
His Lordship-That is a point that has I find it created a difficulty in my own mind. hard to understand how a master of a vessel recently chartered does not know who the owners of the vessel are.
The Acting Attorney-General-He has been told, no doubt, that the Emperor of China is, but that is not knowledge.
His Lordship-Is it not reasonable to think that he would know from whom the vessel was chartered?
At the Police Court on the 3rd November before Hon. Commander Hastings, C. S. Mo Kinley, electrical engineer in the employ of the Hongkong Electric Company, was charged with forging a letter or document, dated 3rd October, purporting to be signed by W. Farmer, of the Victoria Hotel.
Mr. J. J. Francis, QC (instructed by Mr. Hastings), appeared for the prosecution and Mr. E. Robinson (instructed by Mr. Mounsey) defended.
His Worship, after reading the charge, said to Mr. Francis-It is within your knowledge that the day before the defendant was arrested I, on the information before me, refused to issue a warrant. Two things led me absence of any intent to that Mr Farmer was not takin then I have gone carefully books and I imagine this case 18 parallel to the case of Queen you wish to make any alteration
Mr. FrancisThe only alter make is to add "with intent to the statement of crime is sent. I also desire to add
The Acting Attorney-General said the vessel was chartered in April last for three years so as to make Messrs. Bennertz and Co. pro tem.ing the document well kno the owners of the ship.
Counsel had not concluded his argument when the Court adjourned until Monday morning.
His Worship made these Mr. Francis The fac simple and yet the
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