The-Hong-Kong-Weekly-Press-1907-01-07 — Page 17

January 7, 1907.)

INTERESTING SHANGHAI

JUDGMENT.

CHINA OVERLAND TRADE REPORT.

I might mention that if this matter were to come up again, the costs would have to be decided'

is entitled to any consideration. no order for costs. I do not think the defendant

At H.M. Supreme Court, Shanghai, on De., but if it does not come up to be decided, I give

cember 27th, Mr. F. 8. A. Bourne, Acting Judge, in re Scott and Carter r. 8. J. Halse, gave the following judgment:—

This is a preliminary point of law, namely, whether the stipulation in Clause 5 of the agreement of March 30th, 1904, between the parties to this action, that the defendantshall not practise as a civil engineer, architect or estate agent in China or Hongkong until the expiration of eighteen months from the expira. tion of the said term of three years

"

is such an

unreasonable restraint as to be contrary to public policy and threfore void.

**

IMPERIAL TENNIS CLUB.

CORRESPONDENCE.

13

THE PERIL OF THE HUMOURIST,

TO THE EDITOR OF THE

DAILY PRESS."]

Hongkong, December 28th, 1906. SIR.-I read with some amount of discomfort the report in your paper this morning anent the serious attack msd at Mr. Brewin at the Sani- tary Board meeting last evening.

64

The members of the Imperial Tennis Club, Kowloon, held a social at the British School, Robinson Road, on Dec. 28, when they and their guests spent a very enjoyable time. The large schoolroom, which was tastefully decorated, accommodated a company numbǝring about 100 who indulged in daneing to the music supplied by the Calcutta String Band, Messrs. J. Welsh, J. C. Lows and W. Pelling were assiduous in the discharge of their duties as M.C's and the general arrangements made by the com. mittee consisting of Mrs. Robertson, Mrs. Edwards, Miss Hayward nl Mr. Tulloch left nothing to be desired. The prizes won in the gen'leman's tennis tournament were presented in an interval by Mr. B. James to Mr. Edwards (1st), Mr. Lowe (2nd), and Mr. Clements). (3r1 REVIEW OF EXCHANGE, BAR SILVER AND BANK RATE OF DISCOUNT

March

Those who know that gentleman well enough could not treat his remarks about the two Un- Official members other than as

a good joke." During the three years I have been a member of the Board I always found him impartial, just and painstaking in all matters that came before the Board, and he could always be looked upon for an unbiased decision whenever required of

Yours faithfully,

him.

FOR 1906.

AN EX UN-OFFICIAL MEMBER

OF THE SAnitary BoaRD.

(BY MR. TH. CHRISTIANI).

[Average Rates of T. T. in Hong. kong (Approximate), FOR THE

Month. Quarter. Half

year.

For the year

1906,

HIGHEST AND LOWE3T.

Hongkong.

London,

Months.

Bar Silver.

Bank rate

T.

T.

of Dis-

count.

2s d

9 hd 2g Ojd

301

29 11-16

4 4

2a 0 9.16d

2.1 I-16d

78 041

30 13-16 30 30%

4

2. Old

29

4

2a 0d

28 0 ad

28 14 28 Jad

2x old

2s ld

28 1 9-16d

28 1d 1-16

30 9.16 294 315-16 31,

.

30 7-16

4

29 9.16

30 7-16 29 13-16 34

34

2s ląd

30 15.16 2

32. ld

317

301

2s 2ïd

28 1d 2/2 7-16d

329-16

31

28 3d

32

28 31

28 34d

31 9-16 6 6 Average T.T. rate for the year 19 5-1.11)

28 2 15-16J

April

In deciding whether a restraint is reasonable the Court has to consider whether the restraint does or does not go further than is necessary for the fair protection of the plaintiffs, (Honer v Graves, 7 Bingham, p. 744). This restraint dous, in my opinion, go too far in space, for the defendant could in DO way damage the plaintiffs, who are established only at Shanghai, by practising at Hongkong or Canton; and this the plaintiffs practically admit, for they ask for an injunction in regard to Shanghai only. When, however, the reasonable and the unreasonable terms of restraint are severable in law, the Court oan enforce a reasonable and annal an unreasonable term. In this case there can be no doubt that Hongkong is sever- able and can be aunulled, We come down then to the real issue-can the term China" be out down to "Shangbai"? The plaintiffs' counsel contended that this can be done because nearly the same thing was done by the Acting Chief Justice of this Court in the case of Crawford and others v. Philips (N.-C. Herald, July to December, 1888, 387). Now if that case decided directly or by necessary implication a point in issue in this case, it would Jaonary •Vs be binding on the Court provided, (i) that local | February circumstances had since remained the same, for Public Policy changes with varying times and conditions, and (2) that the case had not been overruled by cases since decided at Home, because this Court administers, English law for the time being in force." In regard to (1) local conditions have greatly changed since 1888, many new ports have been opened, there must now be several that can support architects and engineers at great distances from and quite independently of Shanghai, and it is possible now, in view of the or gineering work that is going on in the interior, that the Chiuexe Government might raise no objection to an engineer practising his profession at places not open to trade-Peking for example. In regard to (2) I think the effect of recent cases decided at Home is that the Court can annul one or more places amongst several specified in a contract, er may cut the restraint in two and omit one part where the line the severance must take is clearly indicated by the contract itself. (Baines v. Geary, 5 C.D.

p 154); but that the Court will not make a specific restraint out of a broad indefinite one, that is the Court will not draw a new contract for the parties (Davies v. Davies 36 C.D. p 396 per Fry LJ.; Baker v. Hedgecock, 39 C.D. p. 522; Mills v. Denham 1881 1891, 1 Ch. p. 50); and it seems to me that this is just what I should be doing if I were to substitute "Shangbai " for China.

May

June July

28 1d 5-16 August 28 1 11-16d 23 114 September 28 29-164 28 17d October 234d 9824 November 23 11-16d 2s 3 1-16 331 December 2833-16 28 2 13 16 324 MEMO:-

RITES {

SILVER

HIGHEST 9th November. LowEST-12th March HIGHEST 19th November. LOWEST – 12th March

328 011-16d

28 1 5-16d

328 15.16d 2814d 2/07 2/1}

being a rise of about 51%.

T.T. rate on 31st December, 1905=2× 0 9-16d

do 29th do 1906-23 3 d being a rise of about 101

TABLE SHOWING THE HIGHEST AND LOWEST PRICES OF BAR SILVER IN LONDON, BATES OF EXCHANGE IN HONGKONG, AND HANK OF ENGLAND RATES OF DISCOUNT.

FOR THE YEARS 1877 TO 1906.

Exchange in Hongkong

WIRE.

LOWEST. 38 91d 3351 3,541

ان

431

431

31 d

Bank Rate of Discount

in London.

Bar Silver in London.

HIGHEST.

LOWEST.

HIGH ST.

1877... 1878

581

531

43fd

351

494

3s lid

1879. 1880

53 13-16

PRI

523

513

is 011

3s 7fd

53

3s 9fd

33 7jd

1882

52!

50

38 94d

38 64d

1683

511

50 1.16

3. 871

38 71

1884.

513

49.

38 84 1

1885

50

16

3s 7d

38 61d 38 31d

1886

47

42

38 47d

28 114d

1887

47

3s 41d

38 nd

1888.

44 9.16

414

3. ltd

2s lĺtd

441

41 15-16

3s 2j 1

2 1141

542

3. lofd

481

435

3s 5d

304d

431

3. Ofd

29 8td

38 13-16

304

28 871

2a 2fd

314

27

Za 31

ls 11td

1895.

31 5-16

27 3.16

28 2fd

Is 1111

1896.

31 9-16

294

223d

28 14d

29 13-16

231

28 lid

18 91d

1893.

281

lo lijd

Is 9fd

1899

29

261

1. 11id

Is tuid

190)

3

28 lid

ls 11td

about thirty open ports spread over an immerse area, and for an engineer possible places beyond, | 192. cannot be cut down to Shanghai; and that the 1903 restraint in this contract is therefore unreason. able and cannot be enforced. I regret the result I think the plaintiffs are morally entitled to protection against the defendant's competition in this port. Costs reserved.

1901

29.9.16 26

25

2s ld

1. 9žd

21 11-16

1s 104

18 64d

28!

21 11.16

13 10 11-16d

la Bid

1904

28.9.16

24 7.16

1s 11 9.16d

ls 84d

1905

1906.

80 5.16 33

25 7-16 29

214d 28'3 11-16d

19 13-16

28 Did

Hongkong, 1st January, 1907,

To revert to Crawford v. 1 hillips I doubt whether "China" can now be interpreted to mean the open ports only. Terms in a contract are to be understood in their plain, ordinary and popular se se, except for clear reason (Robertson 1889. v. French, 4 East, p 137). And if "China"

1890 cannot be interpreted to mean the open ports | 1891. only, the Court would bave first to sever Hong | 1892. kong, then to divide China into the open ports 1893. and the remainder, and having rejected the 1894 remainder as too broad, to sever Shanghai from the other ports; and I can find no authority for sach a butchery of a contract. I notice 1897 Crawford v.hillips was undefended by counsel. In view of all the above considerations I conclude that “ China," which now embraces

HIGHEST. LOWEST.

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