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THE HONGKONG WEEKLY PRESS AND
A TEST CASE AT THE POLICE of others or of himself and others. Assuming
COURT.
On Friday, 12th Jane, Before Mr. F. A. Hazeland, Police Magistrate, the case of Wm. Powell. Ld., v. Ng Kai concluded.
R. G. Heckford, madager of William Powell, Ld., Queen's Road, ammonod Ng Lai, the firm's No. 1 tailor, on the following charges:- (1) Disobeying the dressmaker's instructious; (2) disregarding the bours of the firm; (3) not executing orders within a reasonable time when work was handed over to the defendant to perform; (4) insolence to the dressmaker by not answering when spoken to; (5) i attention to ius(ructions; (6) fulling back (sic) that he did not answer after he was told that he had not erformed the work properly; (7) spo ling gcods, especially ligi material, placed in his hands for making up and (8) filthy aud dirty condition of the sewing machines.
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for the purposes of argament that the position of the defendant is that of a tailor, I am the general words of opinion that he would not be included in or other bandicraftsman," these words are in my opinion ejusdem generis to the special words mechanic and which it is ought to bring within an Act was artificer." Where it appears that the class known to the Legislature at the time the Act supposed to have been mitted intentionally. was passed, and that class is omitted, it must be
and extensive a class as It is impossib'e to suppose that so numerous "failors" would be referred to ander general words if it was meant to be included. J., in Queen y. Cleworth, 4 B. and S.. 934.) It See judgment of Blackburr, is therefore unnecessary for me to give a decision on the second preliminary point raised, My finding is therefore for the defndant, and I order the summons to be dismissed.
Mr. Har ton asked if his Worship had power under the Ordinance to award the defendant costs.
The case which came up ou remand from the 4th inst., is the first brought under the Ordi- nance, and is interesting for that very fact alone. Mr. M. J. D. Stephen solicitor, appeared for
His Worship-No, I don't think I have, the complainant, and Mr. M. W. Slade, bar-dinance with me. but I think this is a o se
Mr. Hurston-I have not a copy of the Or rister-at-law (instructed by Mr. J. S. Harston, where, if your Worship has the power, costs solicitor), for the defendant. His Worship shou'd be awarded. gave his decision as follows:-
The defendant Ng Kai was summoned before me by R. G. Heckford, manager of Messrs. William Powell, Limited, on eight charges under Section 12 of the Employers' and Servants' Ordinance, 1962. There was a written contract between the parties which is follows:- This agreement witnesseth that I, Ng Kai, otherwise, do hereby agree with Messrs. William Powell, Limited, retail merchants of Hongkong, as follows:-For the sum of twenty-five dollars per month for the first six months, twenty-eight dollars per month for the following six months, thirty-two dollars per month for the next twelve months, and thirty-six dollars per month for the next twelve months, and such amounts as William Powel, Limited, shall pay for the making-up of garments by myself and the workmen I engage. I agree to execute in first-class style and workaanship all making-up orders taken by the sa'd firm or its representatives and keep the times of con tracts made by them, and hold myself respon- sible for the god dadition of machines and sundries used by myself and my workmen. I also hold myself responsible for the honesty of my employees, and will make good auy loses that may occur through their dishonesty, bid workmanship, or other causes. On these con- ditio. 8 only Messrs. William Powell, Limited, agree to engage me at the p ogressive salary herebefore mentioned, and I do herety further agree that I will not leave the employ of the said William Powell, Limited, within three years of the twenty fourth day of ctober, in the year of our Lord one thousand nine hundred and two, without the written consent of the firm's manager. Dated this 22nd day of October, 1902. (Hera follow signatures.) Mr. Sla ej on behalf of the defendant, submitted that there was no **contract of service" as defined by the Ordinance. nor was he
servant"
within the meaning of the said Ordinance, Mr. Slade also submitted a sec ad print, that inasmuch as the provisions of Section 7 Lave not been complied with, the case does not come within the rdinance. I am of opinion that there was no "contract of service" to work personally for the firm. The defendant's position is that of a person who supplies labour, and there is no suggestion in the agreement that he should enter the firm. Amongst other classes defibed in the Ordinance which cannot possibly apply to the present case there is also the following definition - Ser- vant shall include any person being a mechanic, artificer, or other Handicraftsm . engine driver, or fireman,' The point was raised as to whether the defendant could be regarded as an "artificer." In Ingram v. Barnes (7 E. and B., p. 15) it is laid down that the term "artificer applies only to those who are actually and personally engaged or employed to do mechanical work or the like, and not to those taking contracts for labour to be done by others. He must contract for his own labour exclusively as distinguished from one who contracts to supply the result of the labour'
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His Worship-You can refer to the Or- dinance and renew your application, if necessary.
Mr. Harston-Very well, your Worship.
HONGKONG.
[Juce 15, 1903,
It is sail insp ctors of police in the Colony are to have a more distinguishing uniform Boon. At present there is nothing in the appearance of the uniform to indicate that its wearers are police inspectors and it is proposed to have the lettering H.K P." and a star ou the shoulder-strap of the tunic, which will be inspectors have started to embellish their of military cut. Apropos. som, Sanitary Board
summer uniforms, the uncompromising plain. esthetic fastes ness of which is doubtless objectionable to their They display a great par. tility for callar, which is worn military fashion, from one to about four inches.
once up and down again," and varies in height
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The following returns of the average amount of bank notes in circulation and of specie in reserve in Hongkong. during May, 1903, are certified by the managers of the respective
banks:-
Banks.
Average Specie in Amount. Reserve.
Chartered Bank of India, Aus- $
tralia and China. Hongkong and Shanghai Bank-
ing Corporation. National Bank ofhina, Limited
Total.
3,508,175 1,900,000
10,39,400 7,000,000 449,212 150,000
$14,206,796 $9,050,000
On the 8th inst. in Union Church, the
marriage was solemuised of Sergeant W. G. Gerrard of the Hongkong Police to Miss Elizabeth A. Porter, daughter of Mr. Morgan Porter, Lexham Gardens, South Kensington, London. The Rev. C. H. Hickling was the officiat- ing clergyman. The bride was given away by Inspector J. H. Gidley. H.K P., Fergeant W J. Kerr was best man, and Mrs. Gidley attended on the bride. After the ceremony the party went to Connaught House where a wedding repast was serred and the health of the young couple was toasted by Inspector Gidley and Sergeant The bowling handicap at the Hongkong Club Kerr. The bridegroom replied in felic tous has been won by Mr. Joseph Hooper.
The plague cases to date number 1,170. The German gunboat Luche arrived on the 7th inst. from Canton.
His Majesty's ship Tamar on the 10th inst re- occupied her anchorage after a brief visit to
Kowloon dock.
The issue of H. M. the King's exequatur empowering M. Liébert to assume the post of Consal for France at Hongkong is notified in the Gazette.
The namos of Messrs. P. N. H. Jones, C. B Thomas and T. Tyrwhitt have been added to the list of authorised rchitects. prepared under the Public Health and Buildings Ordinance.
The visitors to the City Hall Library and 257 nos-Chinese and 74 Chinese to th1 former, Musena for the week ending 7th June, were and 44 non Chin se and 2,413 Chinese to the latter institution.
Captain E. D. Sanders's resignation of his commission as captain in the Hongkong Volunteer Corps has been accepted by HE. the Governor, who has granted Capt. Sanders permission to wear the uniform of his rank.
The following gentlemen have been elected as representatives of S. John's Cathedral on the Colonial Church Council:-Hon. Dr. J. M. Atkinson, Hon. F. H. May. C.M.G., Hon. R. M. Rumsey, R.N., C.I.S.O., and Me ars. J. M. Beck, A. Bryer, aud H. W, Slade.
The funeral took place at Happy Valley on the 9th inst. of Chief Officer Hennis, of the Norddeutsc'.er-Lloyd steamer Taichow, who shot himse f through the head in his cabin the previ us day. Family troubles are supposed to have been r.sponsible.
Two Chinamen were committed for trial at the Magistracy on the 9th inst. by Mr. F. A. Hazeland on a charge of attempting to obtain 35 bags of sugar, value $560, from a shop at 172, Wing Lok Street, ou a forged document pur- porting to bear the shop mark of Bismarck & Co. The shopkeeper's suspicions were aroused by seeing loitering outside his door, the while another made arrangements for the taking over of the sugar, a man who had called earlier to ask if that particular kind of sugar was kept in stock, A foki was despatched to Bismarck & Co. to ascertain whether they had ordered the sugar, and, the reply being in the negative, the defendan s were arrested, in spite of an attempt to get away when they saw the game was up.
terms. Mr. G. G. Burnett proposed the toast of "The Old Folks at Home." Subs quently and, after being photographed, the newly the marriage party proceed d to Blake Pier, wedded pair took launch for Shung Shui where Sergeant Ge rard is at present stationed. Among those present in church was Miss Blake. The wedding presents included band- some-gifts from H.E. the Governor and Lady Blake and Miss Blake.
ROYAL HONGKONG GOLF CLUB.
CAPT IN'S CUP AND SILVER MEDAL FOR JUNF.
The following cards were returned :----
CAPTAINS CUP.
Mr. C. A. Parker Mr. E. J. Grist Dr. W. B. Drow Mr. C. P. Cbater Mr. E. V. D. Parr... Mr. T. C. Gray Mr. C. E. H. Bearis Mr. Johnstone Mr. W. J. Gressou
19 entries.
93
18 75
84.
5
79
91
15
=79
97
16 8
97 15
99 17 82
88
2
86
92
5
87
111
16
POOL.
93
. 18
84
.5
97
16
97
15
09
17
88
2
***
92
-
Mr. C. A. Pa ker Mr. E. J. Grist Mr. C. P. Chater Mr. E. V. D. Parr Mr. T. C. Gray Mr. C. E H. Bearis Mr J. Johnstone
11 entries.
COMMERCIAL.
CAMPHOR.
HONGKONG, 12th June – No arrivals,
17800222860
SUGAR. HONGKONG, 12th June. The prices are slightly deelninig, market being wear. Shekloong, No. 1, White.
$8.35 to $8 40 pcl.
Do.
7.65 to 7.70
Do.
2, White. Shekloong, No. 1, Brown
Do.
2, Brown Swatow,
No. 1, White.. Do.
1. White. Do.
1. Brown 2, Brown
6.05 to 6.10
"
5.90 to 5.95 8.25 to 8 35
33
#
7.55 to 7.6 +
19
5.90 to 5.95
"
5.75 to 6.80
32
12.80 to 12.35 .........10.50 to 10.50
"
Foochow Sugar Candy Shekloong
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