ACCOUNTS CLERK IN THE BOX IN PWD CASE
IN
Personalia
Colonel Sir James Sleeman, Chief Commissioner of the St. John Ambulance Brigade Over- scar, will end his visit to Hong He will leave for Kong
today.
Singapore by
by the m. Sirdhana. Sir James, accompanied by his Staff Officer,
Corps, Superinten-
dent, Mr. R. A. Edwards, and his
honorary alde camp, Mr. Fung
Ping-fan, will nrrive' at 'Queen's Pier at 5.45
There he will p.m. inspect a guard of honour under the command of Corps Omcer, Mr. Llu Pak-wan.
A suggestion that he, his cousin Peter Ng, and Ho Sung had a very good set-up for faking books with regard to payment to PWD workmen; was donied by Ng Ting-keo, PWD accounts clork, at yesterday's hearing of the PWD larceny
Ng
caso.
was a Crown witness at the trial, of. Kwok Kwong, foreman, and Austin. Spary, Grade I electrical inspector, who are facing 11 counts of larceny by public servant, obtaining, money · by false pretences and conspiracy to defraud the Government,
Last night Sir James was feted by the Brigade at a cocktail party at Brigade Headquarters, where it was prevented bration was then made three Chinese scrolls.
WELD
by Mr,
there be
Mr. R. Oblitas will be the guest speaker ot the Toc New Year. meeting at 9.30. p.m. today.
Witness said that Mr. Brown, the chief electrical engineer, was Tesponsible for the pay-kheets. asked who made them
up for Brown, witness replied that it
the || wna
clock.
At the commencement of hear-that he did not get money for two Witness replied ing yesterday, the Prosecution days overtime. announced that it hopes the case that the man must have got it: for the Crown will end this eveḥ- Preparation Of Shoots the
Mr Chart Are you prepared to tell the Court and the Jury that break before the de- he says he did not get the money fence begins, provided the pro-he is not telling the truth? secution ends before the Chinese Witness: Apparently, yes,
Lau Chung-wing, clerk attach- ed to the PWD Hung Hont werk- Mrs. J. E. Ellott, Sister St. shop, said in evidence that it was GUCE,
Mr. and Mra. J. A. his duty to type out the daily la- Scharffenberg, Miss V. B. Scharf-hour distribution, the information tenberg, the Reverend Mr. A. J. for which was given to him by Benson, and Mr. John Epstein Ilo Sung. arrived in the Colony yesterday Mr. Perey Chen, counsel for by the Es. Fatshan.
Kwok
cross-examination pointed out to witness that bis Mears. J. Robinson and W. E. name on the pay-sheet was Lau Price left for Swatow yesterday Shu-wing and not Lưu Chung- by the sa. Tainon,
and that he drew pay for several months under that noms Departures from the Peninsula Witness replied that he did not Hotel on Monday included Mr.
itnow about that as he had never and: Mrs. T. M. Kaliszak, Mrs. R. seen the pay-sheet at all. He Fairbairn, Mr. and Mrs. K. Gold-drew bla pay, he said, with his berg, Messrs. S. R. Ambrose, K. disc number, which, was No. 109. Colegate, K, Mishra, A. D. Stutch- Asked as to who telephoned lo bury, A, E, Houseman, L. C. the Hong Kong side every mort- Norden, S. Hau, W. Thomann, A. Ing from Hung Hom, 'witness ons- A. Jeanniard, Alfons Heller, M. L.wered that he did not know and
falan, F. E. Elliot, E. J. Davies, that it was not his duty.
5. Kamerick, and C. H. Whang.
Among the arrivals at She Peninsula Hotel on Monday were Mrs. A. Hayes, Mr. and Mrs. Ralpht Peer, Messrs. J. A. Plecist- 19. George Ho, Eden Wong, C. L. Yuan, and S. T. Peng.
•
4
-
Kay To Stores
that
Mr. Chen: Did you know if there was a system of taking nc- counts?
Witness: No.
Did you know there was fake overtime? I do not know,
Witness said that one Ng Ting- ken was the person who prepared the pay-sheets at the head office.
Agafuraft agreed with coun. cel that there were very few In stances where men did not re- coive pay for working days. Absenteelam was very small, Mr. D'Alton, in cross-examina- tion, asked witness, with regard
names mentioned by Ioston whether he knew the men by sight. Witness agreed with counsel that he know the names only against their numbers.
No Record
Witness admitted that he was concerned only with the names on the list and paid out money against any one who gave his op proprlate number.
Witness disclosed
Ho Bung made out the book in the morning, but as to whether or not he did any more he did not know. Kwok Kwong, he said and not Ho Sung was the one who took down the numbers of the men in the morning. Messrs. Não Lin. Yu Lin, Li
Witness also stated that when Asked whether he himself kept the pay was issued, the man to Cho-phiun, Uy Beng, and Ben- the keys to the stores witness re-whom it was given had no record jamin Co arrived in the Colonyplied that he never did so. Xesterday froin Manila by CPA
of any job he had done for the Mr. Chen then asked Lau if he payment. This system applied in on their way to Amoy.
har seen workmen
go into the all departments of the FWD. stores with Kwok Kwong. Witness The next witness, Ng Ting-kee, replied that he did sometimes. He accounts clerk at the PWD elec- had never seen Ho Sung in the trient head office at Caroline lill, stores with other workmen before. sald irs evidence that his dulles Witness denied a suggestion included the preparation of pay- from counsel that he himself had sheets. deliberately given a a false pame when he joined the PWU
Mesara. M. Pavlovsky, Y. P. C. Coyaud, S. Bashi, E. Zilkhu, T. R. Crank, R. F. O'Connor, and M. Polin left Hong Kong for Saigon yesterday by Air France,
Mr. P. M. Cotton, freight agent of Americon President Lines, left in the President Madison yester- day on leave of six months in the United States, Mr. A. A. Chase
The wedding took place yester-overtime during that period?.. day at the Supreme
describing the .pro-
sald that Wanchai sends
THE CHINA MAIL, WEDNESDAY, JANUARY 26, 1049,
Reminders
Today
Toe Club meeting, Talbot House, 10, Macdonnell Road, 8.30 p.m.
Boxing Tournament RAF vs.
Police, China Fleet Club,
p.m.
Talk on, The Work of the Labour Department" by Mr. Bị č. K. Hawkins,
European YMCA,
8.45 Pock Pony auction, paddock, Happy
Valley 6
p.tit.. SPC (Kowloon branch) Children's Party, Gun Club HUI Football Field, 2.30 Pa Photographie Society, annual meeting, Cafe Wiseman, 7.16 p.m. Sino-Brush Club Orchestra re- Hearsal, Cosmo Club, 6. p., Australia Day, cocktail Party, HK Club Annexe, 630 p.m. 10
m Interport Hockey XIV, Com. bined Services, Sookunpoo, 4.30 pm
Coming Events
.TOMORROWLA Kowloon Rotary Club himchem,
Peninsula Hotel; 12.30 p.m. Y's Men's Club "meeting," Roof
Pre-Occupation Land Sale Case
A claim for specific, performance of an agreement. for the sale and purchase of Nos. 7 and 10 Lac Yuon Street Bast, Hong Kong, was uphold by Sir Leslie Gibson (Chief Justico), at the A Supremo Court yesterday. The agreement which formed the subject of the
1
1
'claim was entered into shortly before the Japanese Occupation of Hong Kong.
.... ↑
It was stated at the initial ment and damages for breach of hearing of the case on Janu- contrárt,
"The claim for damages, was ary, 13, that it was an Im portant case and was possibly: not argued ut ille hearing and no the first of a number dealingvidente was led on which any
damages could be assessed. with the position arising ouli The deferice is based on two of contracts for the sale of grounds, firstly, that in the terms Land entered into just before of the agreement itself, payment if of the,, balance of the purchase the Japanese Occupation. ***
The plaintiffs, Kwok Yu-chuen price had to be made on or before and Wong Chok-chiu, merchants of tho, dato fixed for completion (ime being at the essence of the B. 2. Bernuecht. Procuted by
YH. Chans of MenTY, Tao and Hodgson. Instructed by Mr.
Mr. Charles Loreby, instructed by Mr. E.SC. Brooks (of Messrs. Hastings and Company, represent- Thonk Co., Ltd., of 64 Bonhon ed the defendants, The Shin Tet Strand East.
Delivering judgment,
HERE IN THE TREAT THE O hot in fact so made, and secondly that the contract was rendered impossible of performance by the of Hong Japanese Occupation Kong or was otherwiso frustrated by operations of war.
"Apart from the facts on which the argument that the contract frustrated la formance of was based; the facts in this case are not in dispute, subject to one matter with which I deal later.
Garden, HK. Hotel, 12.45 þ.m. lfe Gibson said in part Sir Les-was, rendered impossible of per
HKVDC Mobile Column, Reunion
Dinner, China Fleet Club, French show, "Le Bat dca Voleurs", China Float Club, 1 p.m.
HK
Art Club sixth monthly exhibition, Helend May" -In- stitute, 3.10. 1.p.m.; annual general meeting, 0.30 pm,
"In this action the plaintiffs, who are partners, elnim specifie performance of an agreement for the sale to them by the defendant company of certain land and buildings in Lee Yuen Street East
Alternativa Claim
In the alternative" they claim a declaration that they are en- titled to the return of thỏ dépost paid by them, under the “ögree-
Police Constable Is Acquitted
Without calling upon the defenco, Mr. W. A. Blair-
♪
Kerr at Kowloon, yesterday acquitted. PC1092 Wong Ping, aged. 27, attached to the Sham- shuipo Police Station, on counts of demand- ing money with monaces and corruption in office.
"The agreement was executedd on November 21, 1941 and the 'At the depuisit was tuly paid. time the agreement was rinade, there was the parties realised saine danger that war might come to Hong Kong and they discussed this matter,
Tha dato for wompletion was fixed by the agreement on or be fore January 6, 1942 (innlend of the customary month after the dufo of agreement) because it was necessary, by reason of the terms of the defendant company's Memorandum and Articles as they then stood, that a director of the defendant company in Künla Lumpur, Malaya (who happened) also to be the defendant company's | legal adviser In Malayay, should witness the company's deal on the nesigaments i
Returned As Approved
"On November 24, 1941, the dratt assignments were sent by the plaintiffs solicitors for the company and on November 20, 1041 they were returned as op- At the previous hearing, "As a matter of law," he said, proved with some alterations fa- Sub-Inspector J. Holmes said "there is no evidence of menaces gether with the title deeds of the that Leung Wong-lan, a and the first charge must fall. On { troperty. woman, was the licences of a the corruption charge, there are "In the letter returning them, cooked food stall at Fuk Wah two witnesses; a woman and Messrs. Hastings & Co., stated that the assignments would have Street. On November 24 last young girl of 15 years.
to be sent to Kuala Lumpur for he told her that he would take "The drst of these two wit-execution by a director there and out a summons against her for. Enesses recanted 00 per cent of her asked to have them back as soon
evidence in cross-examination and a possible. finished Up by saying that all her
"The assignments, were sent to in chief was examination in Two or three days later defen but adhered to her statement that day. There is no direct evidence hearsny. Mesars, Hastings & Co., the next dant was alleged to have called she authorised a foki of her's to that they were forwarded to Kunla at the woman's, stall again, and told the assistant there,
Her
an inspector.kak
Director of inspector; wanted to have! Pay the defendant. The little girl Lumpur, the records of Messrs.
Mr. V.J.L D'Alton, counsel for a list which included Hung Hom.,obstruction, as instructed by Spary, in cross-examination, told From that, his assistant draws up Lau that according to the pay-a pay-sheet. It is then taken to sheet, he drew 12 days pay from Spary who initialled it as correct is taking over in his absence. | April 16 to 29. Witness agreed. and then he takes the phy-sheet Mr. D'Alton: Did you work to Brown. Brown signs it and
the parsest on to Witness: No..
Public Works, he said.
Replying to a question, stated that the vouchers payment to the workmen were made by als cousin Peter Ng, who had according to witness, since realigned.
Court Mar-
rluge Registrar's
Offco of Mr.
George Knight, Prison Officer, of
Stanley, and
Mrs. Alexandra
Overtime Pay
Wcence suspended
No
for
Does it not interest you that you Yates, of 10 Boifran Road, Kow-were paid for two days overtime, loon: In the presence of Mr. J. according to the pay-sheet-No. McGilloway and Mrs. H.F. Hardy. I do not know how this came to
be, 1-never-saw-this-sheet-my- Mr. Chen: You prepare it and
When you joined the PWD, was take it to
The forthcoming wedding has self, been announced of Mr. Graham Wilson Topping, aeronautical en-
15 said she gave defendont $2 Hantings & Co.; dealing with the ve, qe on December 2 as tea money. Sho matter having been lost during the Brooks of cross-inccupation, but Mr. On December 2, Leung Wong was badly shaken in
that Arm gave evidence that, nc- lan added in evidence, defendant examination.
carding to the ordinary practice called on her and asked for 37. As
"I do not mind witnesses being of the firm, they would have been it was customary to pay this shaken in points of detail, pro- sent by post to Kuala Lumpur on sum epth
"protectionvided they give the impression, at for Wook...
about the end of December
she told
saw the
year-old girl, to pay the amount the end, of pping reliable and 1941.
their story being substantially cor- "Mr. Brookes further gave evid- the girl doing
doing so. gineer, of The Bungalow, Custums your salary Axed?—Yes. It was a the list.pary, who runs through to areused: She alleged that she reet. But there reaches aɛpoint, if fence that. in the ordinary course
AL the cross-examination by Mr. Marcus da Silva, the com- told the court was told to her by plainant admitted that what she
her Loki. She maintained that she saw the money, pastity hands
Kathaleen Olivia Barker, of “Ken- au denied having drawn any cousin, and He Sun mean by
overtime
and then Brown signs li, fortnightly salary, on a daily pay so that, in other words, it is a Pass Road, Kowloon, and Missbasis.
very good set-up for you, your
wood," Albany Road, Skegness, overtime pay or done
Witness: do you Lincolnshire, England.
"good set-up?" work.
Mr. D'Altonaked witness if A good set-up for "cooking" or. while he was working with Ho faking the books-Although It is Bung, he know Ho kept the heir business to check it, what koys and took them home far I make out is submited or check- the fight. Lau replied that he Ing.
Hearing
A third class shipwright from HIMS London,
William Henry
Waltor Thorne, aged 34, was charged before Mr, F. X. d'Almada
e Castro at Central yesterday with committing bigamy,
did not know.
B. Agafurolf, PWD pay nilleer, morning.
will continue
this
FRENCH COMEDY
Defendant was slated to be mar-stated in evidence that he was ried
to Sophie Throna and on always present when payment June 8 last year went through was.mado. The numbers of the form of marriage with Emilia workmen were checked by him. By popular request, the French Marla Gill.
The usual practice at Hung Hom, Society of Art i presenting "Le Defendant pleaded guilty.and on
at the the application of the prosecution as elsewhere was to have Kwok Bal do Volours" agnin
Kwong,
himself and the shroff China Fleet Club on Thursday, was remanded for a week in Naval present.
"Lo Bal" was produced Tast Witness said under cruss-month with considerable success, examination by Mr. Chen that he It is an entertaining comedy with paid the workmen only according a touch of pantomime played in to the numbers produced.
a bright and lavish setting. Mr. Chen drow Agafuroff's at Seats for the performance may tention to the fact that a work be hooked at Sennet Frares. The man, No. 109, had said in evidencó [show will be for only one night.
Custody.
Sherry
that is Shakespearean in its Excellence.
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witnesses contradlet themselves so of post, they could have been re- much. that one is ebmpelled to eclved back if not delved in feel that it would be very dan Kuala Lumpur, about a fortnight gerous to convict; and that is how later. In met, they were never
feel now,
received back at all. other
being of the facts, if the defence ald nothing more about it, I would
words,
Judge
"The plaintiffs were anxious to complete and, after the Japanese invasion of Hong Kong on De- Giving his decision yesterday, not convict; and, therefore, I see cember 8, 1941 they made several Mr. Blair-Kerr said that, altting no point in calling upon the de- unsuccessful attempts to get in
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as judge of both facts and law he fence. The defendant is acquitted (touch with the broker who had 4, Queen's Road, C. did not feel justified in calling on both charges and is dis- (Continued on Page, 14).. upon the defence.
charged."
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