308
fendant for obtaining him the contract. With the exception of the $300, however, he had not received any payments on account,
Defendant told the Court that he introduced the plaintiff to Ng In-ting, and signed the contract because Ng In-ting said he did not know the plaintiff. Witness had received certain monies from the principal contractor and bad paid them to plaintiff.
After hearing further evidence his Lordship allowed judgment and costs for the defendant.
HONGKONG GENERAL CHAMBER OF COMMERCE.
Minutes of a Monthly Meeting of the General Committee of the Hongkong General Chamber of Commerce held in the Chamber Room, St. George's Building, Hongkong, on Monday, 21st October, 1907, at 4 p.m. Present: -Hon. Mr. E. A. Hewett (Chairman) Mr. A. G. Wood (Vice-Chairman), Hon. Mr. Henry Keswick, Messrs. A. Haupt, D. R. Law, G. Medhurst, H. E. Tomkins and A. R. Lowe (Secretary).
PRIVATE MOORING BUOYS IN THE
HARBOUR.
The following Correspondance was read
Colonial Secretary's Office,
6th August, 907. SIR-I am directed to bring to the notice of the Committee of the Chamber of Commerce the following facts:
(1) The greater part of the available space in the Harbour is now taken up by private moor- ing buoys, of which 43 are now laid. Of these, more than half are always unoccupied, aud as no vessel can anchor in their vicinity, this means that more than half the Harbour is cnstantly alienated from its legitimate use, and the out- of-the-way localities are consequently over- crowded.
This condition has led to complaints on the part of owners, or their representatives, of vessels which have no private moorings.
(2)arious methods of dealing with this state of things have been suggested, but the obvious one of berthing vessels, belonging to owners who have no private muorings, at the nuoccupied buoys, is that which commands itself to the Government as the best solution. It is therefore proposed to do so for the future, having due regard, however, to the prior right of owners of private moorings to the use of those moorings.
owners
(8) In order that such rights shall be duly maintained, it is suggested that the should notify the Harbour Master on any of their buoys becoming vacant, when they expect the arrival of another of their vessels to occupy it. The Harbour Master will then mak← arrangements for the buoy in question to be ready for such vessel, on arrival.
(4) In order to give effect to the above it is proposed to amend Table O (a) of the Merchant Shipping Ordinance in accordance with the enclosed draft rule. The fees would be collected by the lessees of the private moorings.
(5) I am to add that if your Committee desires to make any remarks on the above proposals, the Government will be glad to receive them at your early convenience.
I am, &c..
(Sgd. F. H. MAY,
Colonial Secretary,
THE HONGKONG WEEKLY PRESS AND
the Harbour and am directed by my Committee to reply in detail to the various questions raised in your letter under reply as follows:-
With regard to Section 1 of your letter under reply the Committee of the Chamber of Commerce accept the statement contained in the first paragraph of this section as correct and, without having verified the statement, pre- sume that there are 43 private mooring buoys in the Harbour,
The next paragraph reading "of these more than half are always unoccupied and as no vessel oan anchor in their vicinity this means that more than half the harbour is constantly aliena. ted from its legitimate use and the out-of-the- way localities are consequently overcrowded appears to the Committee to be such ад astonishing statement that in support of it some proof should have been brought forward.
[
I would therefore ventura to ask that the re- turn which must exist to justify such a state. ment, and on which presumably it has been founded, be placed before the Chamber of Com- merce in order that the question may again be fully considered.
The Committee of the Chamber would further request that they be supplied with the names of owners, or their representatives, who have complained as to their inability to secure the use of moorings when required by their steamers, and would suggest that a return be furnished of these agents and the occasions on which those complaints have been made.
If this is done, it wil then no doubt be possible for this committee by making enquiries among the owners of permanent moorings to ascertaiu whather on
the dates given moorings were disposal of the complainants. available which might have been placed at the
The Committen of the Chamber of Commerce Shipping Companies and their experience is includes several representatives of leading
that it is of quite rare occurrence for them to receive any request from Agents of other Liues for the use of their moorings.
It should be needless to add that were such request reo-ived and the owners of the moorings were not in need of them for their own business,
they would ba only too glad to place the moorings at the disposal of those asking for them.
It must be remembered that there are a certain number of vessels, chiefly engaged in the Pacific trade, which, owing to their great ength and weight, cannot make use of any of the fixed buoys and have consequently to moor in the Western and North Western section of the Harbour; while further ther+ are a number of vessels of all sizes which fod it more couvenient for the purposes of landing or shipping cargo to anchor in the outlying parts of the harbour where they are nearer to the godowns to which and from which their cargoes are handled. It therefore follows that many steamers and the consignees of their cargoes would be greatly inconvenienced if ordered to discharge at a particular buoy or noint in the harbour, e.g. Coal steamers to West Point and Rice Ste.mers to Fast l'oint would be
eductio ad obsurdum. These trades are established in certain parts of the City and steamers are naturally anchored or moored in the most convenient situation con- tiguous to their shore facilities. Besides, if the Harbour Authorities are to have the power to order sleamers here, there and everywhere about the harbour without consideration to the foregoing it will result in a heavy increase to the cost of boat-bire. Again, suppose a steamer
Rule made by the Governor in Council under Section 28 of the Merchant Shipping Ordinis moored to a buoy under orders from the ance, 1889.
1. Table O (s) in the Schedule to the Ordin- ance is hereby amended by the addition of the following rule :-
(5) The fee payable by the master of any ship using by the direction of the Harbour Master any moorings and buoys not the property of the owner of such ship for the use of such moorings and buoys shall be at the rate of cent per net registered ton per day with a minimum charge per day of $5,00.
Hongkong Chamber of Commerce,
5th September 19.7. SIR, have to acknowledge the receipt of Your letter of 7th ultimo (No. 65221 1905) relat- ing to the question of permanent moorings in
Harbour Master, and before finishing discharge has to be shifted because the owner of the buoy requires it for one of his owo vessels, this will mean delay in discharge and extra cost either to get up steam to shift, or the hire of a tug to do the needful,
On the other hand there are great numbers of ressels of large tonnage, both mail steamers and others, which are constantly passing through Hongkong.
hese do not as a rule make Hongkong their terminus and frequently only remain here a few hours, but it is for this vary reason that it is all the more necessary they should be sure in advance of a place to go to where their work can be carried out expedi. tiously and it was this necessity which gave rise 'to the system of private moorings,
[November 11, 1907.
Telegraphic communication is so widely established that a steamer's departure is invariably telegraphed from the last port of cali and the Agents are thus informed at the lesst some 48 hours before her arrival here. This enables any one who understands his business to make arrangements in ample time for the berthing of his steamer prior to her arrival, should be desire to place her in any particular part of the harbour, and to find out whether a permanent mooring belonging to another Company will be available during the time his vessel is in port.
It is quite true that for several days at a time certain moorings in the centre of the harbour may be vacant, but these are required by vessels in special trades which in any case, though not mail steamers, run almost with the regularity of such a service and whose quick despatch is largely due to the fact that it is well known to the Consignees and Shippers also to the Com. manier in advance that the steamer moors to & well acquainted with and can the more readily certain buoy, the position of which they are all
imme siately on arrival. This has only to utilize to the best advantage and make fast to
be compared with the state of affairs that would ensue if they had to go searching all over the Harbour for their requirements to convince the Government that their propositions are unwise in the best interests of trade.
The Committee of the Chamber of Commerce if not required by their owners, should be placed are quite ready to admit that unoccupied buoys,
at the diaposal of those who have no private moorings, provided that this does not in any way interfere with their own business.
With regard to the suggestions contained in the third paragraph of your letter the Com- which, in their opinion, will only lead to great mittee absolutely dissent from the proposal
confusion and difficulty in carrying out the shipping business in this Harbour,
The Committee of the Chamber have yet to be satisfied that there is any real cause for com- plaint as to the existing state of affairs, and in the absence of such proof consider that the proposal, while entailing a great deal of extra work on the Harbour Department and on the mo rings owners, will at the same time introduce a very serious factor of uncertainty which cannot but result in heavy loss to steamer into the movements of vessels arriving bera
and cargo owners and may result at times in serious accidents.
It is doubtless within your knowledge that this question has been mooted on more than one occasion between the officials in the Harbour Office, and it is understood that the present Harbour Master has desired this radical change for some years past, but his two predecessors, ander whom he served, were not persuaded that bis views were correct in the best interests
of the port. It would therefore seem natural
to conclude that the former heads of the Har- bour Department and the Shipping Com. munity cannot be mistaken and the present Harbour Master right in his policy, The Com. mittee of the Chamber therefore arge the Government to leave well alone.
The Committee altogether oppose the pro- posed alteration in Table O of the Merchant Shipping Ordinance and trust that after full consideration of their arguments His Exost. lenoy the Governor will not sanction a change which, in their opinion, cannot but seriously handicap the shipping trade of the Port. --I have eto,
(Sgd.) A. B. Lowe, Secretary,
Colonial Secretary's Office. 16th September, 1907. SIR,-I am receipt of your letter of the 5th instant, sad to directed to acknowledge the
inform
moorings
you that the question of making leased
in the Harbour available to vessels other than those of the lessees will receive further and very careful consideration before any action is decided on, I am, &o.,
(Sgd.) F. H. Mat.,
Colonial Secretary.
The Secretary, Chamber oŋ zommerce.
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