THE HONGKONG WEEKLY PRESS AND
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institution of this action has been served upon tween the different ports and places in China H. M. Hillier, the Commissioner of Chinese only," and that Messrs. Bennertz & Co., "in Imperial Customs at Kowloon.” It seems breach of the terms of the charter party, after somewhat inconsistent of the plaintiff, after having cleared the vessel at Shanghai for the having treated Mr. Hillier as a representative port of Chefoo in the Empire of China, sent of the Chinese Government within the meaning her in charge of the plaintiff Frahm to Hong. of the rule and the tetorn cutited to notice, tokong in order to prevent the owner from ob. urge, at the hearing of the motion, that he could taining possession of her," and that the vessel is not be recognized as such representative and within the jurisdiction of this Court without therefore entitled to potest. Lut the Court the consent of her owner." As to this reason must still determine for itself whether Mr. it was ingeniously contended by the Acting Hillier, in making the protest, possessed the Attorney-General for the plaintiff that, even requisite official status for that purpose. Now assuming that the terms of the charter party it is to be aliud that in the passagre are correctly set out by Mr. Hillier, it may from the accepted treatise on Admiralty well be that those terms have not been broken. Practice which is quoted abcre, and also in because Hongkong may be properly described as some of the cases in which that pass. re is being a port in China, I think, however, that the founded, the word "repess ntative" of a foreign werde in China only must be understood as Government and not the word “minis-er nferring to China as an empire in other words. the word "casul," is used. No doubt a minister as leing used with a political signification and not as a mere geographical expression. As to the terms of the charter party, it appears to me that if Mr. Hillier has not correctly stated them, there has been ample opportunity for contra- dieting his statement, as to their tenor. With regard to the alleged clearing of the vessel for Chefco and the bringing of her to Hongkong instead, the plaintiff Frahm does not deny the allegation, but Le says that, in bringing the vessel to Hongkong, he acted in good faith and in execution of the orders of his employers Messrs. Bennertz & Co., and without any fraudulent or wrongful intention whatever." This answer, however, does not meet the point of substance in Mr. Hillier's allegation, viz., that the vessel was brought within the jurisdiction of this Court in violation of the stipulations of the charter party and that it was so brought by means of a trick. On the evidence as it now stands before fact. The third reason is that, by the terms of the charter party, Messrs. Bennertz & Co. agreed to insure the Ningchow, but they have
or a consul is a requesentative rud as such is entitled to notice of the institution of the action. No doubt, also, a mis er or consul is the usual representative for flise purposes, and, with regard to Eugla d. 1, is diffient to con- ceive of the case of a foreign vessel being brought before the Cruit and there being in England no consuler officer of the Government of the country to which that vessel belonged. But, for all that. it does not, I think, fellow that, where there is non ivister or cousul of the foreign Government cet ccrued resident within the jurisdiction of the Court, and ti erefore no person entitled to retice, the Court onght not to recognize some other jarson as a representa tive and entitled es zuch to protest against the continuance of the action, if the Court is satis-
fied that such periculo fde fills such repre- sentative capacity. The uitation imposed by a Court of Admiralty jurisdiction upon the exercise of its powers in actious against foreign vessels is really au instance of the application of the rules relating to the comity of natio
which are observed in the courts of civiliser countries. In the present case Mr. Hillir states in his affidavit 1L; he is in the service of the Imperial Aatitue Customis of China," and that he has been utilised by the Chinese Government to take the picrerdings now pend- ing in Suit No 0 of 1996 in the Original Jurisdiction of this out to recover possession of the Ningchou-ti vesel against which this action is brought. Urrhée circumstances I think that it is the cationis Cerrt to recognize Mr. Hillier as f
on 3 d. a: the representative of th
tievermin
matters relating t protest which Le
But it v
this case. plaintiff that, is alleged to be thre Mr. Hillier was a protest of th
of the case of th
recognized. In
a
L
literate the a the verst ha
il
me. I find that this second reason is founded in
not
done so," and that Mr. Hillier, as agent for the Chinese Government, has in- gured her and paid the premia thereon. With re- gard to the paragraph of Mr. Hillier's affidavit which embodies this reason, the plaintiff Frahm says in effect that he "does not know" any- thing about the facts mentioned in it. Indeed it may be remarked that, judging from his affidavit, the ignorance of the plaintiff Frahm about matters of which he might by supposed to have some knowledge is very considerable The fourth and last reason is that Mr. Hillier is pre- pared, upon delivery of the Ningchow to him as agent of the owner, to pay all sums of money due to the master and others employed on the ved for wages up to the commencement of A No quer 1-96 seferred to above, on such ari videns being legs die barged from
121.
Frm
November 19, 1896.
the precedents in the cases Marie, Lushington, Adm already cited, and the Ni R. 2 P.C. 38, I will leave each part his own costs.
OPENING OF THE PO LEUNG KUK SOCIETY'S NEW HOME.
On the 13th November His Excellency the Governor, Sir William Robinson, KCMG opened the new Home erected by the Po LennĮ occasion of a special demonstration. The route Kuk Society. The ceremony was made the
lined with police and thousands of people turned from Queen's Road Central to the Home was
out to witness the procession, which consisted of His Excellency the Governor, Hon. F✩H. May (Captain Superintendent of Police), Captain Sterling, A.D.C., and Mr Cyril Platt (Private Secretary to His Excellency) On arriving at the Home His Excellency was received by Hon. J. H. Stewart Look hart (Colonial Secretary) and the other and at the top of the stairs the follow- members of the Committee of the Society,
ing gentlemen were assembled:—His Honour Murray Rumsey, Hon. E. R. Belilios, Hon Dr. Carrington (Chief Justice), Hon. R. Ho Kai, Hon. T. H. Whitehead, Hon. Wei A Yuk, Captain G. C. Anderson, Mr. A. Seth, Mr. A. Denison, and many Chinese residente.
On reaching the door of the main building and said-Your Excellency, on Mr. Leung Ngan Pan addressed His Excellency the Committee of the Po Leung Kuk, I behalf of beg to thank you for the honour you have done the Society in coming here to-day It is greatly due to your Excellency that this new home for girls has been erected, a and to for many improvements. It is hoped that you your interest in its work the Society is indebted
may be pleased to continue that interest. By so doing your Excellency will encourage the to protect the weak and unprotected, and to members of the Society to increase their efforts
save them from a fate more cruel than death.
of the Po Leung Kuk Society I have now the Hon. Ho Kai-By request of the Committee
pleasure and honour to present your Excellency with the emblematic key with which we hope your Excelleusy will open this new building for the housing of the women and girls and send it forth on a continuous voyage of pros- perity and usefulness.
His Excellency then received the key, a silver one, from Hon. Ho Kai and opened the door. When all those present had taken their places in the assembly room,
His Excellency said-Mr. President of the Fo Leung Kuk Society, on the 18th of January to the cod-
last you and your Committee asked me to lay -anul in their charac- the foundation stone of this new building I act on a protest nude 13
tie trestu tersen,vidae quf-performed that interesting ceremony with a brother and aginte owner of the Verdi nt to du me they curt te decla to exercise great deal of pleasure and in the presence of a bat dismissed tre sul on the rijroulintie, on it-di-credkrmy jurisdiction by way of assisting great many witnesses. To-day you have invited another coural of the sune Goretti.
the plaintias to cuforce their claims against the me to declare the Home to be open, and I am does not appear to Le, lenter, that there Ningcher. It may seem haul that this should be very glad indeed that this the second and final any such question <poro al interest involved
so, especially in the cases of the subordinate offi-function has devolved upon me. When I laid here on the part of N ́r. killier, ner do I think cers and seamen, But it must be remembered the foundation stone I spoke at some length that the fact that the vessel belongs to the that, according to the evidence before me, they of the good which had been performed by Government of the country by whose represen- shipped as officers and seamen on board a the Po Leung Kuk Society, of the thousands tative the protest is meide affects the right of Chinese vessel, subject to Chinese law, and there- of persons it had rescued from a life intervention. It remains then to consider the fore enjoyed no.right to come before a British shame and infamy, and of the numbers third question, viz, do thue exist reasonable
Court exercising Admiralty jurisdiction in persons to whom the Society had given grounds for the king of the protest? It is order to enforce their claims for wages by profuge, notwithstanding the inadequate and un- clear from the cans of the Nine, L. R. A. &ceedings in rem against the vessel. In the case suitable premises which the Po Leung Ku 44, and the Leon Alil, & P. D. J21, that the of the Octavie, I Asp. Mar. Cases 421. Dr. then possessed. I have now to congratulate Court will inqune to the sufficiency of the Lushington said :-"The Belgian consul states you upon the completion of this new building, reasons advanced, but it was said by Dr. Lush-
that he desires the suit to be put an end to. erected, I believe, by our rising architect ington, in the case of the Octarie, 1 Asp. Mar. To this the answer giren is that the vessel is Denison, and to say that although I hay Cases, 421, that the "general rule is not to be in difficulties, and that the master is not able to been over it myself I hear that though rather very particular with regard to the nature of
recover what is due to him if the vessel goes small it is in every way admirably suited for the objections reised, if they appear to be back to Ostend. I do not think that is àthe purpose for which it is intended. ** primâ facie sat si:ctory,” Now, what are sufficient reason, because the master of the this opportunity of assuring you that I shall be the reasons put forward by Mr. Hillier in Belgian vessel is necessarily subject to the ready at all times to give my support this case? They four in number. The jurisdiction of the Courts of his own country, Leung Kuk Society, and to assist it first is that esis. Lenneriz & Co., of and if they will not do him justice, there is no good and charitable work it may under Shanghai, the charters of the Ninychowe, reason why this Court should interpose its I am sure that my successors in of agreed by the terms of the chanter panty "to authority and interfere." I have already ex-follow in my footsteps in this engage and pay the master, officers, engineers, pressed to the parties in Chambers a strong President and gentlemen, I have had and crew of the said stean shj. This allega- opinion with respect to the payment of the pleasure in presenting that tablet tion is not denied by the plaintiff Frum. wages of these men. The result is that both Leung Society The second reason is that the vessel was char-
these actions will be dismissed, but, having re- | translation of it as it, may be of tered to Messrs. Bennertz &Co. " to trade begurd to the circumstances of the case and to I may say I am indebted to
to and
but
not
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