THE CHINA MAIL, JUNE 24, 1940
LIBEL ACTION AGAINST MEDICINE
DEALER
BEFORE MR. E. H. WILLIAMS at the Supreme Court this morning, the Ching Chai-tong Herb. Co., brought a libel action for $1,000 damages against Poon Ko-sau, of No. 48, Wing Lok Street, arising out of an advertisement published in two vernacular papers in connection with a Chinese lung tonic..
Mr. Eldon Potter K.C., instructed by Mr. E. S. C. Brooks appeared for plaintiffs, and Hon. Mr. Leo D'Almada, Jr., instructed by Mr. D. McCallum,
was for the defendant.
Tong Shuk-ping, managing partner of plaintiff firm, said the partners, besides himself, were Tong Chiu-lin, departmental head of the South-west Trading Co.; Ho Lok-lau, Director of Plaintiffs alleged that Poon caus-
the Tung Wah Hospital and Po Leung ed to be printed in the "Kwok Wa Kuk; Iu Tak-chuek, chief compradore Po" and "Wah Kiu Yat Po" on of the National City Bank of New February 27 an advertisement, saying York and Edward C. Tong, Director plaintiffs were of immoral character of the Salt Gabelle of Wai On Dis- and without shame, that other per-trict. sons would not associate with plain- The case is proceeding, tiffs, that defendants were the ginators of a medicine known as Pei Pak Lo, that plaintiffs had produced thus an imitation of this medicine, deceiving the public, and that defen- dants were the only producers and sellers of the said medicine.
ori-
As a result, according to the state- been ment of claim, plaintiffs had injured in their reputation and trade, and had lost many customers.
by
CHINESE DRIVE ON NANCHANG
Chungking, To-day. Chinese troops have commenced a drive on Nanchang,
One column has wrought heavy havoc with the highway seven kilo- metres east of the city. Another column pushing down along the Nanchang Kiuklang Railway has re-occupied Shangtang and damaged Japanese for- tifications west of the city. A third
Publication Admitted -Mr-Potter said the publication of the advertisement was admitted the defence, and the only issue whether it referred to plaintiffs and whether the words were defamatory. There was no attempt to plead justi-column has wrested back Tzumuwan, fication by the defence.
was
Plaintiffs were a very old establish- ed firm of medicine dealers, having started business in 1885. Defendants, on the other hand, had only menced to sell medicine in Hong Kong recently.
com-
was
а
A very substantial business done by plaintiffs, the turn-over be- ing about $80,000 a year. One of the Chinese medicines they sold was lung tonic known as Pei Pah Lo, but the sales were not great as the turn- over was only $5,000 to $6,000.
was
The libel, went on Mr. Potter, was that of a gross character as it said anyone selling Pei Pah Lo, except as produced by defendants,
dis- honest.
law The result of that in was that, where the words reflected on each and every member of a de- terminable body then any member of that body could sue.
The defence was that the advertise- ment did not refer to plaintiffs, that the words were not defamatory and that there was no innuendo. "I shall submit," said Counsel "that the in- nuendo is established; that even if it is not, the words, in their meaning, are defamatory."
natural
Remarkable Preamble
Dealing with the
advertisement,
an
it
mer-
Mr. Potter said if it was really advertisement for a lung tonic. It had a most remarkable preamble for began: "Once upon a time there was a brothel master who saved his dirty
and then became a money chant. "The only possible mean- ing was that defendants were the only persons entitled to put on the market anything known as Pet Pah Lo and that any other person who sold that commodity was shameless and on a par with the brothel keeper.
Plaintiffs were an old-established firm and had been selling that com- modity for years. To suggest that the words in the advertisement were not defamatory was, therefore, utterly impossible.
of
get
After pointing out that the action was brought not for the purpose ruining defendants but only to rid of an outrageous libel, Mr. Potter said the partners of plaintiff firm were men of considerable standing,
Mr. Potter, concluding, said his case was based on two grounds, (1) that you can libel a man although
you
do not know him; (2) that words re- flecting on each and every member -of-a-determinable--body or class of persons, ie, anyone who sold Pei Pah Lo other than defendants, was entitled to bring action.
about 10 miles southeast of Nanchang. Fighting is reported to be drawing near the suburban areas of Nanchang.
Central News.
WAR ON MY DOORSTEP
(Continued from Page 10)
low. We count the machines coming
back.
labels
Yes, down here, in this corner of England, the war is very near. And we have learned the lesson that must now be learned by the rest of the country.
We have put "Cancelled" across notices of dances, meetings and We have cut out all sports events.
functions. We have unnecessary streamlined, simplified our lives.
It No one complains or grumbles.
learned before is just that we have some other people to take the war seriously.
NOW..
Page
11
is the time to Cold Store all your winter clothes, carpets, hangings, linen, etc. to protect them from spoilage due to the ex- cessive summer humidity and insects.
Clothes and linen may be packed in suitcases or similar containers and locked. Carpets should be rolled and tied. Valuable furs are stored on special hangers (which we supply) in a dustproof bag. Such hanging preserves their shape and cut.
Insurance may be arranged at 13⁄4 % on the value of all personal effects so stored.
Just telephone us if you have any difficulties or questions and we will do our best to help you.
Remember also, that we take delivery from your house and return similarly at the end of the period!
THE
ICE 8
DAIRY FARM,
COLD STORAGE CO., LTD. PURE FOOD SPECIALISTS.
Get out in front in money saving
DRIVE THIS LOWEST PRICE CAR-THE NEW 1940
STUDEBAKER ·
CHAMPION
THAT'S OUT IN FRONT IN STYLE AND VALUE !
HONGKONG HOTEL GARAGE
Stubbs Road
Phone 27778-9
THE BRITISH LEGION
HONG KONG & CHINA BRANCH
The Committee urgently ask all who served in the last War to join or rejoin the Legion, the purpose and ex- being to form a body of men of mature age perience whose opinion and services (apart from in- dividual activities) might be of value at the present time.
Will those who are in accord kindly register their ́ names with the undersigned, accompanying their application with the subscription of $2.
THOMSON & CO.,
Secretaries,
Hong Kong & Shanghai-Bank-Building.