August 27, 1904.]
fame and fortune in the gorgeous east; and as all cannot be taipans some have to be junior clerks and others artisans. An Esquire will usually live up to the dignity of the title and pay his chits regularly.' The pupil being apt took the hint. Verily the closing sentence of the reply sheds a new light on a practice gene. rally regarded as purely snobbish. It is when one learns that this prodigal use of the title is really American in its origin that one becomes reconciled to the belief that it is a sign of the democratisation rather than of the snobbishness of the times. In the United States the title is very commonly given to every man as a mark of respect, especially in the address of a letter. In some British Consular districts in the Far East that I wot of, the man who was officially, addressed as Esquire used to pay as a registra tion fee twice the amount paid by the man who was officially addressed as · Mr." Now the patriciau pays the same fee as the plebian-and all are esquires."
..
A propos of the numerous complaints at present appearing in the local press re the shortcomings of the Post Office. the following rexatious experience recently came to my notice. A resident in the Colony went to the stamp counter and asked for ten five-rent stamps. for which he tendered five ten-cent pieces (Hong- kong currency).
A Chinese official declined this legal tender, and asked for a note!
I fancy that this sort of thing only needs to be brought under official notice to be put right for the future!
་་
..
CHINA OVERLAND TRADE REPORT.
terminal points of the line so that the first-class seats might be reserved as such whether the cars are running east or west? Or else why trouble to change the labels at all ?
BANYAN.
SUPREME COURT.
:0:
Monday. 2nd August.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PCISNE JUDJE}.
A CHINESE LIBEL ACTION,
Chau Lai Ng, truder, 96, Connaught Road West. sued Chau Po Sun. trader, 274. Des Vœux Road West, for $1,000 damages for alleged libel. Mr. E. H. Sharp K.C. instructed by Mr. Looker. of Messrs. Deacon. Looker and Deacon, solicitors). appeared for the plaintiff. and Mr. J. Hastings, solicitor, for the defendant. the statement of claim, which was
Mr. Sharp in opening the
read case to the share in the Man Fung firm. 118. Connaught effect that plaintiff formerly owned one $500 Road West, in the name of I Yik Tong. Defendant. falsely and maliciously published an advertisement in the Canton Times newspaper
certain words concerning plantiff in Chinese, of
which the literal translation was as follows:
It is notified that the Man Fung rice shop at Saiyingpun has been established since the Ki Hoi
other
evil mind and
ין
The treat given by His Excellency the Gover-
year of Kwong Sui and I Chan Po San and my clansman Chan Lai Ng. using the name of nor to some of the European children of the
I Yik Tong, own a share of $500 in the Colony suggests the reflection that children whose fate it is to be brought up on this tight has made a little surplus profit, and unexpectedly capital. In recent years the Mau Fung little island miss a great many of those plea-Chan Lai Ng cherishes an sures which their parents associate with child- hood's happy days-the many school treats, the actually treats the whole of the partnership gambols in the meadows or by the seashore. agreement and the share and interest of the How little has been done for the children in
capital of the Man Fung as his own." Defendant Hongkong Not even a small patch of green
published in a second advertisement in the same sward has been reserved for them, nor, within newspaper certain
words concerning walking distance, a bit of sandy beach where plaintiff, of which the literal translation was us
follows:-" they may fun and frolic and grow! They have
I respectfully and clearly state the to be thankful that they are allowed to gambol
matter from the beginning to the end of the on the paths of the Public Gardens under the swallowing up of the Man Fung rice shop by. vigilant eyes of the
Chan Lai Ng park-keepers." Kowloon
Lai Ng finding that the children will be more fortunate. I
business of the Mau Fung has been profitable suppose. when
for the King's Park is ready-but that can hardly minded and desires to swallow up my, Chan Po years continuously suddenly becomes evil- be regarded as a prospective pleasure for the present generation of Kowloon children. I have
The partnership agree ment of the Man Fung had all along been kept no idea of the number of European children in the Colony under the age of twelve, but it is. Lai Ng himself, and therefore relying on this he swallows it up." Defendant in fact had safe to say that the children entertained at Mountain Lodge on Wednesday form but a small
not and never had any interest in this share fraction of the number, and this fact alone
in the Man Fung. The advertisements meant, serves to draw attention to the need of some cen-
and were so understood. by those who read trally situated recreation ground for young
them. that plaintiff was guilty of dishonest children on the island. It is a matter which he fraudulently tried to acquire for him- conduct respecting the Man Fung, and that in the interests of the juvenile European popu-self the said business or the said share. and lation might well engage the serious attention of the Government. Botanical specimens with Latin labels do not appeal to the little folk as do a few swings.
San's, share.
that he employed deceitful means to that end.
Plaintiff had iu consequence suffered much annoyance, and had been injured in bis credit and reputation. He claimed $1,000 damages.
made a false declaration that he owned a share in the I Yik Tong, and that plaintiff did not know to whom the defendant paid the share money, and that defendant's second advertise- ment was privileged. Plaintiff had suffered no injury to his credit or reputation by the words of the advertisement.
Evidence was led, and the case was afterwards adjourned.
Tuesday, 23rd August.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
A CHINESE LIBEL ACTION.
Further evidence for the plaintiff was led in the case in which Chan Lai Ng, trader, 96. Connaught Road West, sued Chan Po Sun, trader, 274. Des Voeux Road, for $1,000 damages for alleged libel. Mr. E. H.Sharp, K.C, (instructed by Mr. Looker, of Messrs. Deacon, Looker and Deacon, solicitors), appeared for the plaintiff, and Mr. J. Hastings. solicitor. for the defendant.
The hearing was adjourned until to-morrow (Thursday).
Wednesday. 24th August.
IN APPELLATE JURISDICTION.
BEFORE THEIR HONOURS SIR WILLIAM M. GOODMAN (CHIEF JUSTICE) AND T. SER- COMBE SMITH (PUIBNE JUDGE).
CHAN CT SUI AND PUN KAN SHAN V. CHU
LEE AND CHOW PING.
The Court delivered judgment in this appeal against the decision of the Chief Justice. Mr M. W. Slade (instructed by Mr. H. J. Gedge, of Messrs. Johnson, Stokes and Master, solicitors). was for the appellant and Messrs. E. H. Sharp, K.C., and H. E. Pollock, K. C (instructed by Mr. J. Scott Harston, of Messrs. Ewens aud Harston, solicitors), for the respondents.
When
The Chief Justice, in delivering judgment, said-This is an appeal from the judgment of the Chief Justice in the above action, delivered who were the plaintiffs in the action. on March 26 last, in favour of the respondents, the Praya Reclamation Ordinance was passed ou May 10. 1889, there were three sections of Marine Lot 33a, which fronted the then Prays. namely sections B and D, and what was called the remaining portions." There were also two sections. namely, section C and section A. which had no frontage on the Praya. The reclamation from the sea or harbour on the other side of the Praya (a fifty foot roadway belonging to the Crown and running between the harbour and Marine Lot 53a) was to be made under the Ordinance. Section 7, which is numbered as Section 8 in the new edition of the Ordinances, begins by reciting that (as I interpret the section) the frontagers,' or the majority of them, had already declared or signi- fied their readiness to contribute towards the cost to be incurred for, and in connection with, the reclamation, provided
the Governor would grant to them, respectively, Crown Leases of such equitable proportion of the proposed reclamation as might be available, having regard to public requirements in respect of roads and streets to be made on the land when reclaimed, and in the case of each frontager (as I interpret the word 'lessee' in the circumstances) having ant owned one-half of it; but he denied regard to the claims of other frontagers (the that the words were false or malicious. He word is 'lessees,' which I again holt to mean did not admit that the translation was literal.frontagers,' in accordance with the interpreta- and denied that they meant or were understood by those who read them to mean that plaintiff was guilty of dishonest conduct respection the Man Fung or that he fraudulently tried to acquire for himself the business or the share therein or that he employed deceitful means to that end. The said words in their ordinary and natural meaning were true in substance and fact. The advertisement was inserted in answer to one inserted by plaintiff in the same paper on 8th April in which plain tiff stated that he was the I Yik Tong and that the share of $500 in the business in that name had nothing to do with any other person, and that the defendant in his advertisement
Defendant in his statement of defence denied That tract of waste land at the junction of that plaintiff ever owned a S500 share in the Kennedy Street and Lung On Street appears to Man Fung in the name of I Yik Tong, or that continue to be the dumping ground for all sorts that was the hong name of the plaintiff, and said of undesirable matter. The other day the dead that the $500 share in the business in the name body of an infant child was found on the tract, of Chan I Yik Tong was owned in equal shares and numerous carcases, both human and animal. by the plaintiff and defendant. Defendant have been discovered. there. Yet the Govern-admitted that he published the advertisement ment, a short time ago. refused to allow a referred to for the purpose of notifying to all neighbouring proprietor to acquire this waste persons interested that the plaintiff did not own land at a reasonable rate, though his object was to make it into a garden so as to help to beautify the environment.
Several complaints respecting the new tram service have been published in the papers, but there is one matter of complaint very generally mentioned in conversation which has not. I think, been touched upon in the letters to the newspapers. It concerns the first-class accom- modation in the cars. The seats which on the run east are labelled third-class, and are occupied perhaps by a crowd of coolies whose garments and personal habits are not of the cleanest, are on the run west labelled" first-class. and Europeans are expected to take the seats which the aforesaid third-class passengers have just vacated. Why, while the proprietors were about it, did they not provide turntables at the
the whole of the $500 share and that defend-
tion given by the first few lines of the section).
The section then provides that a plan should be made, signed by the Surveyor-General and countersigned by the Governor showing in detail the portion of the proposed reclamation assigned to lessees (i.e. as I interpret it 'fronta- gers) in respect of the lots of land or sections thereof registered in their names at the Land Registry Office at the date of the commencement of the Ordinance. This plan was to be deposited at the said office and to have annexed to it a schedule containing a list of the lessees (ie. as I interpret it frontagers ') of such lots of land and sections as aforesaid, and the approximate contribution required from each
No comments yet.
Private notes are available after approval.