THE CHINA MAIL, SATURDAY, SEPTEMBER 13, 1047,
OFFICIAL STATEMENT ON SETTLEMENT New Gadget
WALK-OUT
OF
A meeting between the Dockyard Employers and
the representatives of the Chinese Engineers Institute under the Chairmanship of the Com- missioner of Labour took place in the" Urban Council Chamber at 2.30 pm on Thursday, September 17, 1947.
40
The first point for discussion was the question of the remuneration of foremen. The Commis- sioner of Labour stated that he had that morn- ing interviewed a number of foremen from the various dockyards in the presence of the Un- ion representatives. He had explained to these. men that the employers were not prepared to negotiate the terms of their remuneration as part of the questions under negotiation with
the Chinese Engineers' Institute.
*hi suftered
the men. by Thes malatained that 1010- men's wages were a matter for The employers regretted that negotiation between the employ they were unable to agree to ern and the foremen themacives. this, and pointed out that they He had strongly advised the 1 had ffered financially foremen to negotiate directly by reason of the strike.
strikers (vii) None of the with their employers and not to
to be prolong a strike which was af. for their representatives fecting the yelthom of aver maile the subject of discrimina- 10,000 persons by endeavimring tory treatment. The employers to have their individual eases agreed that there would be no male part of a general settle. victimization whatsoever. ment.
The employers now asked the The employers reiterated that Union representatives whether, they were not prepared to deal in the event of a with their foremen though the settlement being reached at this Chinese Engineara Institute in meeting the Union representa- these negotiations. Representatives were in a position to call the Union enquired an end to the strike, or whether whether, if the foremen were they would require to go back unable to arrive at a satisfactory to their members for further settlement with their employers, 'authority ?
tiven of
trita-
*
11
Kallafarlory
In Suprême
Court
The Peirce Magnetle Wo Recorder, which it is hoped to|
GOLD TAKES A Accused Cla
•
PLUNGE
Seller dominated the gold markol yesterday and brought the price down to 3959 ainul after it' had opened at $360.25. At the close the rate was better at $550, Bearish influence also brought introduce for use in the Supreme the piles of Plastres town. In Court was tested out yesterday fact it was"a one-wdy “movement
AS morning when Sir Henry Blick.almost un soon the market
Chiet Justice,
After delivered opened at $14.00 a 100. Judgment in the Lomb Case. reaching $12.70 it steadied and
This Instrument is, extensively closed at $12.00. used abroad Atid was very popular with War Correspondents at the Front.
all.
Dictation or discussion is ac. curately recorded on stainless steel wire without any effort and played back for transcription with clarity,
·
Chinese National Currency futures oponed at 13.4 cents and closed at 13 cents for CN$1,000. Spot was unchanged at 13.55-centa throughout the day.
U.S. dollara were steady at $6.44, but Sterling relapsed to Messrs. Reiss, Bradley & Co., $14.15.
Australian pounds were Ltd., are agents for the machine. unchanged at $12.54.
C.J.'s Judgment In The Lamb Case
The con-
chinsky (supra) In view of which he felt that the delay in communicating order to the plaintiff could not the justified,
the detention
He submitted however that damages could be claimed only in respect of the period between the time of the plaintiff's arrival at Stanley and the reading of the order or alternatively from the signing terms of the order until its were made known to him.
No Authority "Objection was taken to this
ment over the whole
Claims
Witnesses
Telling Lies
Under cross-examination yesterday, Yuen Chu, who is charged with murder, claimed that Lf Khi tài, concubine of the murdered man ha accused him of the crime because he had slept at her house for many nights and she suspected him of having arranged with others to tob her? The case is being heard be- tioned that it was very difficult
fore Mr. Justice E. H. Williams to open, Yuen said that he was iPulate Judge).
akkeď to try and' open it. Ho Yuen in charged with the took it in both hands, but was murder of Io Yuk, 70 year old unsuccessful. The box was then fertilizer manufacturer, Ri 16 Shek Kip Mi Street, 2nd floor, returned to deceased. Yuen on June 2. Mr. A. J. Clifford, said that was the only occasion assisted by Detective Inspector on which he had seen the cash C. Dowman, is prosecuting on
oxamination. Concluding his behalf of the Crown. Mr-in-chief, Yutn denied having Marcus A. da Silva has been us committed the murder! signed to the defence by the Crown,
box.
pawn his watch for HK$5. Ho also pawned his overcoat
Shek Lung for CN800,000.
Cross-examined, Yuen admit. Continuing with his testimony, ted that he was very hard up on his last visit to Lo Yuk and. Yuen said that on the "0th day that he found it necessary to of the 4th Moon," while in cón.Į veraatlan with the deceased, the laiter naked 'him; how much he would require to start a bugi nesa. Yuen said that he told the deceased he would require HK$10,000, to which deceased repiled that this was far. too much and that he could carry on a business with less.
Cash Box.
• Deceased then brought out the canh box and said that with such a cash box full of HK$10 notes, he could start a business. Yuen said that deceased also mention.
..
Owed Money
Bi
Yuen also admitted owing de ceased some HK$1,400 on two transactions. He hoped to re- pay this amount in the future, "Ittle by lule."
10
Apart from dealing in fertili zer, he also exported vegetables from the interior to Hong Kong and bought brown paper from street hawkers here for sale at Shek Lang.
Yuen said that he parted on
Kan-tal and good terme with Li Kan-tai. He claimed that Li other prosecution witnesses were not telling the truth.
When
as pressed why other prosevation wit. megses (apart from Kan.tat) should come to Court It was suggest and tell lles, Yuen known to him.
said that that the proper Course have been to release the plaintiff Police, as well as Li Kan-tai,
would
tions against him otherwise the before the reading of the or- would not release them. Yuen der and re-arrest him im-
explained this by saying that why mediately after. I nee no reaso the occupants of the rear cubicle
this pantomine have been gone through and in whom he did not know.
were often visited by males, any case, as Lord Simonds ob- Herved in Leachinhsky's the difference between being Arreated on one side of the stantial, so the rule dcor or the other is unsub- fde minimis" would apply.
(Continued from Page 2) reptitiously got ashore without passing the Immigration of eer, could not be dealt with un der section 14. It is true that under section 9 an Immigration officer may refuse permalasien to an Immigrant to remain af er landing, but this would not bring him within the terms of section 14., for upon Mr. Der nacchi's struction he would not have been refused permis- in to land, nor would he have landed in contravention of the they could "bring the matter to The Unlar representatives. Ordinance. Neither in the re The notice of the Labour Com-stated emphatically that they faval of permission to remain mission on the grcond thated that the cash box had pre- missioner through the Chinese had been given full authority after landing, a ground for the defendant, by his pleadings, viously been used to keep bank. had admitted false imprison- notes, but was not then being Engineers Institute, and was negotiate a settlement and that dealing with an Immigrant un-
of the used for this purpose. agreed that this course was al they were in a position," should der section 14 (1).
Before putting the cash, box satisfactory ways open to them,
settlement be struction that the plaintif in period 21st February to 10th
March and he could not there away, deceased further men- Representatives of the Union reached, to state that the strik" į viten the Court to place on set-
fore plead justification for any thien raised the following sight was at an end and that all skill. tion 9 would therefore, in any part of it. As to this, it is well el time workers whild return view, he repignant to the geh-
settled the in mitigation of pointed (1) New entrimis เร the to work. Thes
out.eral purview of the Ordinance)
into evidence which, if proved, not included in this entegory biguous, a construction would constitute justification. not less than the revised mühl-
After further disenssion, the, would lend to that result should
Cht where the facts are ad inum rate. plus. rehabilitation employers agreed that, with a not be adopted. Now, the word mitted. I am not aware of any allowances. This was agreed. view to securing an Immediate "refuse" is defined in the Ox-'
the authority which precludes they ford Dictionary as "to dee'ine court, when assessing damages, and the employers further settlement of the strike, agreed that apprentices on com- were prepared to make the fol- to give or grant; to deny from considering to what ex
(ongething inked) to a per- pletion of their apprenticeship towing offers :--‚ ̧
lent, if any. the plaintiff's de should be placed on the revised
son" and Mr. Lale argues tention was unlawful. If the niiimum rate for skilled trades.
that the use of this word la- men line workers.
dicates an intention that per-court were satisfied that upen All men now on strike to be mission should be sought and a proper construction laken back to work. Immediately that the words "refuse permis suffered no legal, wrong at all list the plaintiff either had
the strike ended. The existing sion" envisage a request coupled baste
of all wiges
aklited with a rejection. I think this one much less than the de: fendant had admitted, it wou'd tradesmen time workers who is a reasonable construction he a manifest absurdity that before the strike were in the but putting it at the lowest the court should nevertheless basle wage scale ranging from it is cne that can be adopted be bound to award him dam- 25 cents per hour to 40 cents without violence to the spirit ages based upon an erroneous per hour to be herensed by 50 or language of the section, and view of the legal position, more per cent,
since it is in conformity with ly because the defendant had the scheme of the Ordinance been wrongly advised.
who'e, the Court should adopt it in preference to the other. Cogent Reasons
runks akllled time workers in however, that the foremen were and where the language is am. damages a defendant connut ga ed ́in the course of the hearing they had to make such allego-
the dockyards to receive pay at
Not Agreed
as
cil) Monthly paid workers to receive the same increxM were granted to daily paid time workers as a result
of these negotiations. This agreed to by the employers, who were not prepared to discuss the emoluments of monthly pald workers with the Union but whr
WIR
'Employers' Offer
nt
ᎠᏴ
of the
ine ar-
should
case
After the closing addresBES by Mr. Clifford and Mr. Silva had been delivered, the case was adjourned till 10.30 a.m. today. when Mr. Justice Williams will commence his summing up.
APPLICATIONS FOR MATRIC
RADIO
Peculiar Case What then should be the for the measure of damages very brief period intervening between the making of the order and its notification to the
The Director of Education an. The employers pointed
plaintiff Lord du Parcq in the
for that they had already stated that
"Let us now examine the de- same cane speaks of "the omis nourices that applications A stated that ench management they would consider the grant
cision in Leachinsky's case sion to tell a person who fa ar- entry to the January 1948 Lon- University Matriculation would consider the grant of ap- of appropriate increases to other
The respondent was arrested rested at, or within a reason: don propriate increases to monthly | gender. They also demanded paid workers.
"It was further submitted by without warrant by a Police able time of, the arrest with Examination must be made on that if these terms were accept Mr. Bernacchi that
charged." forms now available at the Edu- inmuch feer on suspielon of having what offence he le Chiny Workers employed by ed the Union representatives
was the plaintiff
taken committed a criminal offence Can the time that elapsed in cation Office, 3rd Floor, Wind- themselves
the sor House, contructbes to be given the same would take it upon
No application will sahore under arrest and never and without being Informed the present case between increases as those granted to to bring home to the men the naked permission to. land, he what the real, charge was. The making and the reading of the be accepted after October 3. daily paid me workers. This vital importance of doing un
cannot be said to have been proceedings against him were order be regarded as unreason- 1047.
And Studenta considering entry tợ was not agreed to by the em- honest day's work.
refused permission to do so. subsequently withdrawn, Now able? I do not think so.
did the London University External De. ployers; the question of the con- The Union representatives This proposition
is not sup. it is a general rule that where what nethal damage tractor employees was outside stated that they accepted the
constable arrests without plaintiff sustain by the post gree Examinations are warned ported by Rex v. Governor of a the terms of these negollations employers' offer and that they Brixton Prison, Ex parte Lan warrant, he should at the time punement of reading the order that it is necessary to register ne until his arrival at Stanley? 1 an external student of the Uni and these men were not employ would impress upon the men the noy (58 TL.R. 350). In that state on what churge ed, directly by the duckyards.
Recessity for hard and steady case, deportce from Sierra reat is made. In the present cannot ace that it made any versity'n considerable time bet (iv) All arrears of pay work.
Leche was taken ashore in case, however, it is clear from practical difference whether the fore the actual date of the ex (pay in hand) earned by the The Cuinaanloner of Labour England under arrest without the detention order, and other order was read before or af- amination. Further information strikers before the strike to be asked whether it could be taken his usking for leave to land. evidence that it was at no time ter. Another circumstance that may be obtained on application paid by the 2nd day after the that the strike was now offelal- The deportee allegert that the intended to prefer any charge should, I think, be taken into to the Education Office, atrikers returned to work. This ly ended, and the Unten repre- Iranigration Offeer did not in- against the plaintiff and that he sunsideration is that the plain- was agreed to, the employern Eentatives repiled {u the form
him that leave to land wra 'merely being detained tiff largely contributed to his promising to pay not later than affirmative. The raceting end- was refused, but the Court held pending an opportunity of re- detention by his own acts and
Charged with being the keeper the 2nd working day after the, oi at about 6.30 pm.
that these details were of no moving him from the Colony. emissions: in the first place by of an opium diven at 6 Wing Wo mon returned to work.
Before this meeting the importance since in one way or Further in Lonchinsky's case, declaring that he had no travol (v) The new rates of pay ar-Labour Commissioner had been another it was clear that leave there was Bo polver to arrest documents and in the second ca 100 Chain Kau fur rived at as a result of these in touch with other employers had not been granted and that him without a warrant for the by de aying to look for them was fined $200 or one month by yesterday. Two smokers were negotiations to be made effective of labour part of whose staffs being so, his detention was offence with which he was until 8th March. The defen. d'Almada at Central
dant stated that if the plain each fined $25 or three days as from the date of the first de. were on strike and had ascer- lawful.
charged. But a person miand put forward by the Union, i tained that those employers were "After 4 careful considera. comes within the provisions of tiff had produced his emergency Le February, 1947. This was in all cases pregared to take tlon of the Ordinance an a section 14 of Ordinance 32 of certificate on 21st February; he not agreed to by the employers. back the strikers and were pre- whole, it appears to me there- 1940 may lawfully be placed would not have ordered his de- [v) All privileges previous pared, so far as "datly" pald¦ fore that very cogent reasons in detention with the consent ion, and this is borne out ly enjoyed by the workers to workers within. the skilled could be adduced in support of of the Immigration Oncer. For by the fact that when the cer- tificate was eventually brought remain unchanged, The em-tradesmen scale were concern the defendant's original ples of this and other reasons, I am his notice, he at once order. ployers agreed that conditioned, to pay either the increases | justifcation, -; 1
disposed to think that Leachin.
ZBW Hong Kong broadcasting ed the plaintiff's release. It of service would not be altered. agreed to as a result of the But in his amended State. sky's case is distinguishable
on a frequency of 845 kilocyclas may be noted further also that from 12.30 to 2.00 p.m., and - 0.80 (vi) Strikers (both monthly dockyard negotiations, or where ment of Defence, the defendant from the present one.
it was open to the plaintiff to to 11.00 p.m., and also on 9AY and dully paid) to be paid at the the companies») "were · in the admitted paragraph 6 of the
Pantomime
have appealed to the Governor, megacycles in the 41: matre ban! revised rates for the period of Uully group, the increase de-amended Statement of Claim "In view," "however, of the in-Council'under section 19 but from 12.30 to 1:15, 7.80`to`8,30 and the strike; payment to be madecided upon by the "Utility com- (which alleged that the de-course adopted by the defence, he did not avail himself of this 9.15 to 11.00 pm. 4 within three weeks of return to panion,
fendant without lawful authori. I will assume for the purposes right, Lastly, the Hong Kong KT work. This was not agreed to As regards monthly paid ty caused the plaintiff to be of this case that it does apply Government has (somethat 18.30 p.m.-Dally Programme Bummary by the employers.
workers, these employers were imprisoned at Stanley from and proceed to consider how Quixotically) disbursed more | 1231 pm-Harry James, and Ir Orch. prepared to consider appropriate | 21st February until 10th far it carries the plaintiff. than $1700 for the plaintiff's 12,41 part"Mulch" (Vocal, at the Plano, No Victimization increases but were not prepar-March) and proceeded to get Leachinsky, succeeded In his board and lodging since his
ed to make them subject to the out in mitigation facts which claim for false Imprisonment release to enable him to take 1.00 pm-News, Westher ~ Report, mit The Unlon representatives Dockyard-Union negotiations. had previously been pleaded in for the period between his or the present proceedings against Announcements, dan adala then asked if the employers Monthly paid workers in service funtification. Crown Counsel ex- Foat and the time he was re- ftecit. I say this becauso al-) 1.10 am--Oechsstral Interlude, would grant a subsistence of the Government mest avait plained that he did this be manded in custody by a magis though the action is nominally 1.13 p.m.-Edmundo Row and Him Cuban allowance for the period of the result of the Sairales Com: cause of the decision in trate. But his further clair in against certain, officers, the real 21.30 pm From the Bows"Light 'the strike in'view of the hard. | målssloh, if we be sung
Christie and Mortis v. Leo- respect of his detention while defendant is the Government of Oper
onder remand did not succeed. Hong Kong, as is shown by the 200 p.mClose Down for it was Held that any liabil foregoing fact and the course 700 Btudiat Unit Reqaret" D Nothing to worry about ty of the Police ended when of the negotiations that took
the stipendihfy's order was place.. Del Monst made, the remand being the "Having carefully considered action of the magistrate.. for all the circumstances. of this which the Police could not he rather peculiar case, I have held responsible: Applying"thly | deme to the conclusion that in "ratio-diefdenal” to the? pre- view of the defendant's admis- 521 notit case, it appears to me that |álon of Hlability, there should peg Matusres Lockwood;
8.30 p.m.-Larodon Playhouse - "Wicked aven if the deay In Communi þer a verdict for the plaintiff, cating the order was unlawful, | but I consider he is entitled, uno pm—B.RC. Transcription Services gay illegality in that regard only to nominal damages which The Masquerader" Wan cured tince the terms of the assess a $100. 43 the plain pains for: You",
Caller and Charton, Kallakaan. detention.örder Wera múdo ti...discontinued his claims Bm-Uertharchy. "Krettier "Bonata". known to the plaintiff, and | against two out of the thres 15 Altres cértenikPlans), and "Zuoquei from that point onwards he defendants and", abundóded Thiband (Whaling EKA was held under a valid 'örder, three out of four of the Wenda 10.00Ldan. Relays: News,
19,10.pm/Weather, Neobrt. the confontest which were of His" claim, thérö'will be no but "Cabra and Pance Music,
Continued at foot of nezt W51):1 order fos custa,"
WHASE
POP
AND WHAT WILS AL
- RELIEVO “Us
THEED NEW "TAXES
WE'VE GOT LEST
and tenkane Grenouilý 'und· H Munichana.
Isand
22.
....
[4.89 13-Light Variety.
Vlocary Calling-721 Squadron,
80
19
London Relays World News -London Rohr Home News
From Dekkalns.”
8.15 p.m.-Itawien and Landaveri Plan
Duets LÀ MAGIS a ta
-"Personality Interviews With
بوابة
Gway
CAFÉ WISEMAN
AIR CONDITIONED
Enjoy Good Food and Drinks in Comfortable Surroundings
BREAKFAST
MORNING COFFEE
TIFFIN
Paxo 3
AFTERNOON TEA
also
DINNER DANCES
NIGHTLY EXCEPT MONDAY
"
Music by
GEORGE PARKS TRIO FOR RESERVATIONS PHONE 28138'
ABIL
"Ever see such healthy skin? My baby has daily. care with mild, soothing Mennen Borated Talcum Powder. It helps to keep skin smooth and prevent prickly heat, chafing, many irritations. And baby smells so sweet! I like the refreshing comfort of Mennen for my own skin, too."
WHY MENNEN IS BEST FOR YOUR BABY:
More baby spaciqliats and curses all over the world, prefer it to all other brands.
→ Mennon is smoothest because it's scientifically pulverized to make it super-fine in texture. Delicately perfumed--has captured the clean- est, sweetest scent in the world. Mennen keeps the skin delightfully, delicately fragrant,
da
MARY
MENNEN POWDER
TIME
THE WEEKLY NEWSMAGAZINE
ISSUE OF SEPTEMBER 8, 1947
NOW ON SALE
AT ALL
BOOKSELLERS
Distributors:
THE NEWSPAPER ENTERPRISE, LTD.
WINDSOR HOUSE