}
THE CHINA MAIL, FRIDAY, JANUARY 14, 1949.
SUPREME COURT HEARS CASE INVOLVING PRE-WAR CONTRACT
Used False Trade Marks
Λ 40-year-old businessman, Chung Palt-hong, of 1 Bedford
Street, Kowloon, was fined $100 on charge of hoptyma faine trade marks on his locally-manu- facted product at Central yes- terday.
Kress of pencils
70 gross
Une hundred
wern reized, of which were found to have the "Mule in USA" on
words Jabris.
An action, claiming specific performance of a con- tract entered into shortly before the occupo- tion of the Colony by the Japanese, was
The
Four Pirates
heard before Sir Leslie Gibson (Chief Ju Killed Aboard
tice), at the Supreme Court yesterday. contract which formed the subject. of the action related to the sale of Nos. 7 and 10 Lee Yuen Street, Hong Kong, and was made between Kwok Yu-chuen and Wong Chok- chiu, Merchants of 180 Wellington Street, plaintiffs, and The Shim Tet Thong Co., Ltd., of 64 Bonham Strand East, defendants. Mr. F. mswarth prosecuted, The defendants claimed that and, a the alternative, by reason while Mr. A.S.C. Comber appear- the ed for the defendant, who pleaded sible of performance by reason as aforesaid, the further perform
contract became, impos- fot the subjugation of the Colony guilty.
Mr. Hansworth told the Court, of the temporary subjugation of the contract became illegal presided over by M. Hin-shin of the Colony by the enemy
on or about December 25, Lo, that it was the first ease of or was otherwise annulled by diseberged therefrom,
arl thereupon the parties were its kind Hong Kong. He re-operation of war. quested the Court to stop "ha pernicious habit," which he said was prevalent in Hong Kong.
Au on
aftermath of
The war. the words "Made in USA" have a certain port to the, local public. and his ent had eashed in on this sentiment,
Pronsei for the delence asserted. Rischent re- gretted tu stake and would eliminate the worth on all his products, bruit.
The plaintiffs were represented by Mr. B.A. Bemacelit, lustruct
Mr. Bernacchi said that the case was an important one and was possibly
the Best of a number dealing with the position arising ut of ontracta for the sale of sand entered into shortly before reupation of the
1941
anki
the
mv. Kwei Shan
(Continued from Page 11
Thinking
the bullets were dude, Kwok Wo changed them, but the gun jammed; The pirates horded the occupants, into a corner, and were about to take the money, estimated to amount to about
when aber 7,600 gold 3'arti
Chan Sin
Sing ou!
at; several to shoot teiectives who were creeping up to the office. But the pirate was
shot dend on the office's doormat. Kwok Wo clubbed detective before he was shot dead instan- faneously on the same spot.
Another man was shot in n
No. 2 Cabin,
Hold Up Engine Room
In reply to these allegations by the defence, it would be contended on behalf of the plaintiffs, ed by Mr. Y.H, Chun uf Messrs. Mr. Bernacchi, that of all vintertal Tso & Hodgson, while Mr. Charlesturs they were resident in Hong corridor outsde
rocks Loseby, instructed by Mr. E S.C. Kung or Canton and that defen-shortly afterwards,
of Mesars. Hastings &dants had never offered damages Company, represented the defenfor breach of contract. dante.
M. Bernacchi sald that JA would also be argued by
Meanwhile, a pirate hold up plaintiff's that in law, time was not the essence of the contract. and ordered them to
the engineers in the engine room The plaintiffs were and and al-
stop the vessel A detective pay the balance of the purchase room, crept up and ways been ready and willing to No. 7
hiding In Cabin, near the engine money on completion of the pur-down. He was the third fatality. shot. Kim
Three of the The plaintiffs denied that there colleagues rushed to No. 7 where dead man's wns any discharge us alleged.
Plaintiffs would, continued Mr. reader, armed with two Taigers,
they met several
men. Hernacchi, claim that they hadde atrendy done all that was required ad
withdrew on seeing several gune atl of the under the agreement for
overboard. His sake 7320 that defendants could
The detectives shot at them, but the have executed the conveyance of
pirates escapad by the premises to the plaintiffs be-
swimming fore December 28, 1911.
underwater.
Str. His requested that the gimmation he does under the stressing the Import-Experte Japanese Department's Meers. He world Colony. not press for ronfistation, how-
BVIJ
Me Lo returnent the goods to she felt and ordred
him to
Agreed To Buy
་
Dealing with the foels of the cuse, Mr. Bernacch! sald that by
the parties
mark then meedingly to keep in agreement in writing entered
the gene of Roag Kong in intu the Busters work!"
Orders For St. John
Cipher
Me
Arealit. Comp
Par Lohu Aistularies 10gode, Ho
Kung Duttles Delet
Jadiny 11 follow
Ambulanc
Dulles
January 14 to 22, Wheelia
January Wa
Ambulance Men
between
November 21, 1941, the defendants agreed to sell and the plaint
to buy the premises known agreed to an Nos, 7 and is Lee Yurn Street, Hong Kong, for $52.000,00.
chae
companions Isllowed sult.
Jumped
The ind
After Mr. Bernacchi hind quoted was attacked by
A detective on the fore decit In pursance of this agreement, plaintiffs paid a deposit of $5.00 authorities in support of his con- but he out-mansouvred them and two robbers. io the defendants.
tentions and the plaintiffs had shot one of them in the abdomen. Deferrionts had not completed given evidence, hearing was ad- The wounded man eried: "Why and refused to complete the sale | journed until 10 aan, today, when
ctld You shoot your the defence case for
own toki? not you the The premises bad
apparently thinking his comrado by the defendouts pen
had fired.
7/10 Jated
and
Hex
Kong-
"A" Diviston
Svako
Kan Janney
17 to 23. Bham-huis Beverly; Jamart
Match
24 to 3, how has Division,
Football
Dairesetoveny, -Jars In ILK Pontball Club, 4 pm 2th San Ferden, Farele 1999, 4 pm
kr* A.A. Bistro. Nass end, 214 and 4. Wow but "A visbon: Havinry Stert, 235 and i em, Kong Wah Plot Sumter, Jrmoury the Caroline 1411),
SU.A.A. Divlinh,
ומע ויתה
Have
Annot
Meeting Saturday Samery 10 tuny Show thismine: Mundoy, July 17 KUOH Destin Thunday, January 15, Confeim and Eastern Divi Westly, January 19, Wanchai Junumy ~2,
MBIFI
**]{** £! vidus, Super. Certsal IVAN
Motor longer will Anulares all days,
been tis
to the
The plaintiffs therefore claimed: (11) Specifie
performance of the agreement for sale and that the defendunts may be ordered to execute the proper conveyance of the premises to the plaintiffs.
(In the alternative, (a) n declaration that they are entitled to the return of the deposit and (2) damages for breach of con- tract,
(e) Costs,
the
will
FLAG DAY
A Flug Day to raise funds for Aberdeen Industrial School will be held in Hong Kong to- INOFTOW,
For their services to the Allied cause during the war, Major Lai Yuen-lung and Professor Lo Hung-chao, of Canton, were presented with the OB.E. and King's Medal, respectively, by Mr. G. F: Tyrrell, HBM Consul- General at Canton. Left to right: Major Lai, Mr. Tyrrell and Professor Lo-Photo by L King-hai, Canton.
P.O. Box Fee Deadline
Tomorrow is the last day for payment of Post Office Dox feek,
An official
warning yester- day said that there is a heavy flat of applicants for boxes.
It present holder do not pay their renewal fees by tomorrow, the boxes will be allocated to applicants on the waiting list.
GOVT STOPS
LOTTERY
Government intervened and stopped the annual lottery or ganised by the St. Vincent de Paul Society to raise funds for tho poor.
CAN YOU RUN A TOWN?
"What do you know about run- ning town?" members of the International Y's Men's Club were anted at thelt weekly luncheon at Hong Kong. Hotel yesterday,
The speaker
was Lieutenanı Colonel E Σ Brasier-Crengh He addressee, the members
ол
presentation on the Municipal
in the
"One of you may be well versed in the medical field; another may be qualified to know deeply in road moking. But do you know actually the real planning of A said local citizens had no oppor- elty" the speaker asked. He
unity or experience to do 0.
Hong Kong's municipality has no power politically. It cannot control Immigration. and muntelpality can effectively' work unless it controls its citizens.
Bringing up the scopes and as pects of having a representative
no
The detective struggled free
It hos, however, apparently end took o shot at the running allowed the equally worthy St. buccaneer who crawled on the John Ambulance Brigade to Cass awning, protecting the organise a raffle without inter-government, Lt. Col. Brusier, Upper fore deck, and fired twice ference. at the master, who was..at. the bridge, turning the
A few weeks ago the "China Kwel Shan round to head for Canton after kets, costing HKSI each, for which Mall" reproduced one of the tc curing the shooting.
himself gifts were offered to the lucky plan He missed, and was
holders by the Brigade.
The Aberdeen Industrial School, established in 1835 by the leaders of the Chinese community, is un- der the management of the Sale-shot at by the detective in the st Fathers.
leg and jumped overboard 10 (d) Such further or other reflet poor familles, are given board,
Some 400 boys almost all from escape.
Seeing their comrades neeing, as the Court may deem just.
After stating that according to idging and elementary education several passengers attempted, to
are trained agreement the purchase was and
to be tailors, follow sult, but, were seized. The mon the Motto huve been
shoemakers, electricians, carpen-seven arrested were unarmed. completed on ti before January 6, 1942, Mr. Ber-
ters or mechanics, to enable them mucchi said that it would be his earn a living when they grow
to
The school receives an annual
Parade Bouder. Innonry 16. Annual
Jaspertlan mand 17 'n
Div
in enhes,
TO
the
case that it was a positive de UP
uction from the circumstances at
Officers Mews Damer-Wai tone of 1947. free that lave not yet replied to the
ど
Be able
Called For Help
10010, 8970, 2454, 1214, 158P,
the upper deck. Their comrades' 2340.
are requested to
Creagh remarked that representa..." Lion depends DIT organisation. for loent citizens to study town There are sti some 12 months
planning
before the proposed municipal election.
Citizens must know what type of man or woman they want elected, and they must realise that there elected officials must heep and bear their responsibilities
in
Chinese Ship Hits Mine
The draw was apparently made of the Annual Bali of the Brigade on Wednesday night. The list of lucky numbers sent by the Brigade yesterday for publication follows: and must have a polley to run 19975, 8273, 1865, 3792, 7253, 431, the city. 7241, 8898, 5886, 6747, 5186, 8010,
mentioned that
the 3100,261. 10163, 811, F324, 9234. Carolina H. Al Offers
Colony, instead of the Councillors wild parade at 0.1%, by
2244, 3807, 0930, 10143, 6573, 1112, telling the experts employed on While the attempt to seize con-1262, 10559, 565, 0689, 2702, 11111, the time that war and Incidence subkly from the Government and trol of the vessel, was under way 14, 6522, 1534, 10661. 135-1, 9587.
n job what to do, it happened , full find equip
invariably that the latter would will reques to 15/01 C.W.1. Why at 9.15tion, would"be" lii any normal per. funds. The Executive Committee, threatened the passengers in the 10502, 4200, 7100; 6977, 3311, 579, mer: All Surgers and to eat war, including possible occuparsistance from other charitable on the upper deck, some robbers
11707, 178, 608, 642, 6001, 1067. tell the councilors what to do. of which the Secretary for Chi-holds. Above the gun fire cries 600, 5800, 1753, 9601, $38, 9328, son's contemplation in November nese Affairs is Chainman, however, of "Save: Ife" could be heard on 015, 6178, 9589, 0635, 1255, 3006,
Referring to the defence which find it necessary to raise addi-te circular catering This sliter please had been fled. Mr. Bernacchi sold school properly and to meet the
tional funds to maintain
failure. however, subdued tho that the most
The hulders rest, Important part Increase in the cost of upkeep of scramble up and dive overboard. Fall at the Brigade Headquarters
some of whom managed to The weekly sketching class of Kraph were 5, 7 and 8. the Hong Kong Art Club will be that paragraph 4, was
Mr. Losely interposed to 537
for their gifts. commotion ended half held in the New Territories, on portant, as in this
also im-
hour after it started. Sunday,
paragraph It Members are to meet at
The Kwei Shan, which turned 10.33 a.m. at the Kowloon Star
was stated that by, a letter dated
round; at Macleverly Point, reach- Ferry.
June 2,
2, 1947, defendants, through
ad Conton at 11.35 p.m. anchoring their solicitors, underlook to re-
in Macao Fort, where police and turn the $5,000 pald by way of
medical personnel boarded her. deposit upon the return by the plaintiffs of the agreement. Tho
Mr. Frank Gruves, Vice-Presi-
The captured men were escorted plaintiffs refused and or failed treat and General Manager for the
shore. return this agreement as cancelleu
Far East and India of the Ameri- Normally arriving here at G and of no effect..
can Express
Company, Inc., is p.m., the river vessel reached the The Kowloon Rotary Club Jue to return to Hong Kong today. Colony nt 0.30 a.m. yesterday. welcomed a large number of by the ss. President Wilson, He She left at 10′′p.m, last night to guests at the Ladies' Day is, accompupled by his wife. resume her service.
Luncheon meeting al the They have been away from the
The master remarked that the Peninsula Hotel yesterday. Colony for nine months.
pirate who was seriously wound-
Mr. M. D. Silas played brilliant
-NEXT CHANGE ——
AT THE
KING'S
BRUTAL
AS ONLY MEN FIGHTING OVER
WOMEN CAN BE!
*COFUMBJA PICTURIS
CORONER CREEK
RANDOLPHI SCOTT
MARGFERTE CHAPMAN
MACREADY - EILERS - BUCHANAN.
Fully Paid
Resuming, Mr. Bernacchi sald that in paragraph 6 at the de. tence, it was stated the balance of the purchase money should be fully paid on or before January 6, 1042
the boys.
Personalia
The
an
LADIES' DAY AT ROTARY CLUB
Among the visiting Rotarians were Sir Shouson Chow, (Hong Kong) and Dr. CIT. Wong, well known Chinese diplomat, (Shang
The others were Messrs, H. A.
Mr. Groves will have his head-rd in the abdomen would not piano selections from East and Quarters in Hong Kong.
survive.
It was reliably learned yester West. The defence also claimed that
Departures from the Peninsula day that some suspected persons it was provided in clause & of the Flotch on Wednesday included Mr. had been travelling in the vessel agreement that if from any chuse J.F. de Castro, Mr. and Mrs. M. study the situation.
and Mrs. J. Moss. Dr. and Mrs. fer some (other than as mentioned in the Chu, Messa, P.Y. Chong, B.D.
time, apparently to
agreement), the sum of $47,008, balance of the purchase
Hamer, Olay Skartland, S.D. & mcacy kenaizer, ER, Olson, JP. Rold,
High Ranking Official should not be fully paid on C.M. before the said date, the deposit ilyen.
Wharton, and Paul J.C. of $5,000 should be absolutely forfelted to the defendants,
who
Among the new arrivals at the
hammert, Paul H. Pearson,
The
vessel Wel
Chinese Ming detonated a magnetic mine near the
Western ap proaches to Kyushu-four hours after she left Sasebo for Hong Kong with a cargo of cement and cool:
Fixtures in the engine room were reported damaged, including some steam-pipes, The hull was slightly damaged, The fore peak of the vessel was leaking slightly. The 7.000-ion vessel had to be
Sasebo, where divers towed by American Navy craft to surveyed her damage.
The Wei Ming is due to leave
the Japanese port on Monday, to resume her journey.
Damaged Vessel
might thereupon resell the pre Peninsula Hotel on Wednesday crasion was the son of a..huh | mons, Starbuck, T. Teng, H. Rosa, from, Shanghal yesterday
mei
also alleged in the defence that inbrench of the gold agreement the plaintiffs did.not. pay. and had not paid the said sum of $47,000
to-doa also.
Miss Adwon Lawson arrivedi in the Colony on Wednesday, from Saigon by Air France.
in
Manila. She has #n
after
H.A. Ayres, Fung Ping-tan and Horace Kadoorie, (Shanghai). The passengers carried by the
Guests present were Messrs. A An ocean-going tug towod In Kwell Shon are usually travelling
Raymond, A. Atrins, B.W. Sim- the damaged cargo ship Antelope traders. One passenger on this mises; the subject of
a.c: the agrees were Mrs. Helen B. Kee, Mr. and
Stedman, R.D. Barrett, being severly battered by storms ranking Chinese ment,
Government Any manner. in
en route. therein
Norews, E. Joffe, H.W. Cluse, S. provided. It was silpuinted that Cocks, Mrs. G.D. Cross, Messrs.co
Mrs. M. Glancovich, Mrs. CE clal. There were some well- Eliassen, J.S. Howell, L.J
The Liberty ship, Dying the in that respect, time should be of S.C, Hanks, and G. Drummond.
The ship had no lowell, M.J. Mortelmans, A.
Chinese flag, will either bo re- the essence of the contract.
cargo, but brought mainly the Hutton, F. Meyer, L.N. Brooks, paired or scrapped, it was report- Mr. Bernacchi said that it was
luggage and goods of the traders. C. Willcox, J.I. Burnes, C. Crofed yesterday.
1, the Kwei Shan was built Major Formerly, an American Navy ton.
This is the tenth disused vessel F. Clemo, W.S. Yardley. NUVY ton,
waters froru J.H. Keys, Squadion towed into local all Leaders A.F. Peterson, Squadron Manila and Shanghal for the past Chinese, crew. of 34, excluding six Leader C.Y. Haines, Fight Lieu few months. Most of these were The Reverend Mr. M.E. Col- armed guards and two detectives, tenant W. Basting Doctor Y.H. bought by a local Chinese fem or any part thereof on or before lings, the Reverend, Mr. T. Haw-and can normally carry, about 200 Kwan and the ladies.
from the American war surplus. the said date or at all.
thorn and Mrs. Hawthorn, Mrs. passengers, In the alternative, it was at W. Ismond, Dr. and Mrs. H.S
Before the meeting adjourned,
and some have been dumped into Same time in 1947, her sister Rotarias James Moodio presented
the Laichikol scrapheap for local leged by the defendants that un Frank, and Messrs. L. William ship, the Kwer Hal, Was mined in a bouquet to Miss Cleme on be- The 4,300-ton vessel is in Tolo
manufactories.. about December 25, 1941, the Johnson and Ole Thime arrived the some place, when about 40 half of the club, in honour to her Harbour. She has no engines or said agreement became impossible in the Colony on Thursday Troen passengers and crew were killed dept attendance at the Kowloon crot
performance by reason of the Canton. temporary
She is now on, the, Hong Kong-Rotary Club meeting, on her subjugation of the Colony of Hong Kong by the
Kongmoon run.
seventeenth birthday, Mr. JJ. Faskin, Assistant Secre onemy. or was otherwise annulled tary, Colonial, Office, and Mrs. by operation of war and the Paskin arrived in the Colony by parties were thereupon discharged air yesterday from the further performance of Kingdom. They are staying int from the United
the contract,
Government house. They will remain, Hong Kong until the Governor leaves for Singapore. Limes between December 25, 1941 Marshal' of the Royal Air Forve Lord Douglas Kirtleside
of and September 1945, the plaintiffs and Director of the British Over- were resident in friendly territory peas Aviation Corporation will not in subjugation of the enemy leave today for Singpore,
In Friendly Territory Further, it was alleged by the defendants that at nil.mbierint
+
HARRIMAN REALTY CO., LTD.
* REAL ESTATE BĦONERS AND VALUERS
CUBAN TOOMESTO US FOR ARTIGES" 249
ALL TYPES INDUSTRIAL & DOMESTIC PROPERTIES
AMANA WAVANKABLE"
etory. House, Wyndham Street, Tul. 38802.
“Tuinvratná ̃"Harriman”,
DREYER & CO., LTD.
as a Private Limited
has today been registered Company and will be carrying on business at:
YORK BUILDING
2nd floor CHATER ROAD
from Monday, the 17th January, 1949. Tel: 30452.0,
HONG KONG, 11th January, 1949.
Leica
American Grapes $1.60 par (b.
Tomatos
70cts. par lb:
GET YOUR FRUIT
AT THE DAIRY FARM
THE DAIRY FARMICE & COLD STORAGE CO.LTD.
HONG KONG
KOWLOON
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