THE CHINA MAIL, NOVEMBER 6, 1939
CREW OF MUCH BLOCKADED SHIP SUE FOR WAGES
A CLAIM FOR $10,826.98 by former members of the crew of the Portuguese steamer, Guia, was heard at the Su- preme Court this morning before thé Chief Justice, Sir Átholl MacGregor.
Plaintiffs were Chan Cheuk, the master, and, 39 others but seven withdrew.
The ship figured in a claim for $34,500 in the same court last week. The Hon. Mr. Leo D'Almada, Jr., instructed by Mr. H.A. de S. Botelho, is for plaintiffs, and Mr. Percy Chen, instructed by Mr. M.A. da Silva, represent the present owners of the vessel, the Empreza Mercantil Ltd.
Mr. Chen asked leave to amend the pleadings to read that on March 18 last the ship was transferred to the Portuguese flag and that any subsequent dealings and transactions in relation to her were to be carried out under Portuguese mercantile
law.
Mr. D'Almada said that while he could not see how such an amend- ment could affect the proceedings, nevertheless he would like to point out that the defendants should have given that answer months ago, when the position was abundantly clear.
|
Chinese ships were engaged was to appoint heads of various departments, such as the bridge, compradore and engineer's, through members were employed.
whom other done in the present case and in order This was
to avoid any delay in the proceedings, it was proposed to call only the heads of the departments.
The ship, as stated, came under the Portuguese flag. in March last, but even then it was not owned by the defendants but by Dr. Lobarto of Macao, who assigned it to them. Thế Shin On Company was Chen Kwok-wah
owned by
held a substantial share in the defen- who, at present,
dant company,
ÉX-MASTER'S EVIDENCE
Chan Cheuk, in evidence, said he was master of the ship when it was under
the Chinese flag. Since the transfer, a Portuguese master had been engaged. He was now chief pilot at the same wages as when master. As master, he signed ship-
Mr. Chen said the reason this answer was not filed previously was that there was a possibility of a set-ping articles, on February 9, 1937, in tlement. In any case, plaintiffs were aware of the transfer.
His Lordship said he was not dis- posed to grant leave to defendants to amend the pleadings in an endeavour to stop up another gap.
ACTION FOR WAGES
Mr. D'Almada said the action was for wages, brought by 40 members of the crew of a ship now known as the Guía, and under the Portuguese flag. and which, previously, was known as the Kwong I. Notice of the action had been served on the Portuguese Consul, and he had taken no objection to the proceedings nor to the jurisdiction of this Court.
ANSWER TO CLAIM
In answer to the claim, the owners pleaded (1) that the plaintiffs were not entitled to the sum claimed; (2) that no wages were due to any of the plaintiffs
last up to March 18 when transfer of the ship was made and (3) that two of the plaintiffs were not on board and consequently not entitled to their claims and (4) that the
to the wages due
others :amounted to only $1,209.04, which
they offered to pay.
The system by which crews of
Hong Kong. Six others in, his de- partment had been engaged through him. He was allowed $254 a month in respect of the wages of himself and the six others. His claim on behalf of himself and the others was for $2,156.61 over various periods since August 1, 1937 and May 11,
1939.
Whenever he applied for the money, he was put off by Chen Kwok-wah. That was when the ship
was under the Chinese flag. When it was transferred, he still applied to Chen Kwok-wah who was in charge of wages.
The ship sailed from Hong Kong to Kongmoon in September 1937, and was blockaded there, but she went to Macao in October that year and stayed for six months. When she transferred to the Portų- guese flag, he signed Portuguese ar- ticles in Macao. The name of the ship was changed to Guia. The ship was for some time on the Wuchow to Macao run but early last year she arrived in Canton, where she stayed,
the owing to
blockade. Japanese She was unable to leave that port till March this year.
The case is proceeding.
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