THE CHINA MAIL, SATURDAY, FEBRUARY 20, 1949.
JUDGMENT FOR PLAINTIFF
IN AGREEMENT CASE
Regulations Amended
The Governor has amended Regulations governing
fence Corps,
the
|"A bad bargain in itself cannot amount to unfair ness or hardship and thang is no doctrine of equity to deprive a purchasor of a good bar. gain if it has been fairly made.
"It follows that the plaintiff is entitled to specific performance of the agreement and to the costs of the action."
These remarks
grant, forfeiture, restoration and other mutters concerning the Etciency Decoration and
were made would have an interest to have Elliciency Medal in regard to by Sir Leslic Gibson (Chief the pureline price expressed in the Hong Kong Volunteer De-Justice), at the Supreme Court dollars, but, since this siteument elivered par excellance was not for Japan. yesterday when
why was the vendor yes. prepared to acknowledge payment in full:
"Why was the payment of the purchase price accepted in yen- 30,000 yen being paid in
The effect of he amendments judgment in favour of Liu Lan- is that officers, warrant officera, fong. alias Lit Ah-lan, against non-commissioned officers and Hangham wingtong Won in members of the Corps who were an action for specific perform- serving in the Corps on Septon.
in writ-
|
Peace Envoy Returns To Hong Kong
Professor Wu Yu-hao, leader of the three-man unofficial Chinese Peace mission, returned to Hong Kong by air yesterday in a privite capucity.
There were no police cars to meet hun police escort to ac campany him to his hotel. Pro fessor Wu could not be located yesterday..
Correspondence
The Editor takes no respon kidility for viewa expressed in lasters by correspondents, and dy no means necessarily agrees with them.
Hotel Rates
Sig-At last the legislatura Jus enucted un ordinance to regulate ine hotel rates. Our oligarchy has not done many good doed like' this one.
Still we hear, an opposition en the ground that the now tagista
tion Interferes with the sanctity the fact that our vested interests of private property. In view of would not stop their grumbling
Cows, Calves For Dairy Farm Arrive
Fifty cows and six new-born calves from Canada were un- loaded for the Dalry Farm from the s. Tahsis yesterday. The animals were loaded on to lighters and transported to the Pokfulam farm.
three
In addition there were pedigree boars and three pedigree leghorn cockerels on board.
Before the animals left the
yesterday, replica of the vessel's 1,294-ton vessel in the harbon hell was presented to Mr. P. C. Jackson, farm superintendent of
Dairy Farm.
PANDORA BAYUDARAUTZaštine Lance of an AFTERNESS WAT day the ngreciment was righed? -For TERSOHfor his relilmálans ses cly well thei_the_Kempelial (-sury-coincided with the date=9||||
Bouted under The “Hong Kong
Liu Lan-fong allas Liu Al- Proclamation No. 10 of 1941, will reckon
two-fold qualifyinglan, the plaintiff in the action. service all embodied service was represented by Mr. G. the active list given between the Shelton, K.C, and Mr. D. A. "L. cinte of embodiment and of dis-Wright, instructed by Mr. E. S. c.
"Duress and undue Influence are alleged but even Chan Un- chau's own evidence (and, ns 1
have indicated, I am not prepar ed to accept him as completely
'01' undue Influence.
known.
Arriving here on Tuesday after- noon from Canton to contact Chi- nese Communist Party represen wu made a quiet third-class re- iatives in Hong Kong. Professor
10
they get London to listen to their fantastic stories, It is well the to examine their logic.
The bell was presented by Mr. These who stayed in Hong Kong Stormy Hicks, one of the ship's during the occupation remember officers, whose birthday anniver- interfered with every station, of which one of the calves was born life. If their friends and col-
on board the vessel. A11 six laboratora wanted your hause, calves were born en route they could simply sunmon you Hong Kong.
The master of the vessel per- and give you a little water-treat- ment and dogs' biles.
sonally engraved
Tahors, Very tile ovklence is left. 13.2.49 on the bell-the date on
which the calf was born. Th gime remember 11. And our legis- | bell is foture has made a law to protect concerned.
to be worn by the call
auch transactions by putting the burden of proof on the Mikado's victims.
etilment of the Force in which | Brooka af Messrs, instings and truthful) is not evidence of duress turn to Canton by boat on Wed-But we who lived under such re-
they were serving.
Company.
The Hon. Mr. Leo D'Almada e Castro, K.C. and Mr. B. A. Ber-
urchi
the defendant. represented Hangkam Kwingtong Woo.
Delivering judgment. Sir Leslie Gibson said in part:
They w also reckon all such embodied service in the ranks on the ective service list ns full single qualifying service.
This mean that members of the HKYDC who join the Bong Kong Defener Force will be al towel to add their service in the Corps to their service In the HKDF to quality for Elliclency Kon Médois and Emelency Decorations,
Personalia
Messrs. Chen Boon-tong. Tan Loong-chee, Tan Ten-ngun word Suelar Singh left for Singapore by
CPA yesterday,
left
"Then again, if the purchaser had been guilty of the dishonour able tactics alleged, why is it that the defendant, himself a very ex-
nesday night,
His two associates followed by air on Thursday morning.
While in Hong Kong they failed to meet elther Communist Party representatives or Democratic
Perienced soliciter, was willing to pass unchalleneger!
statement
Did the Japanese conquerors Kog Wan-sing's letter of Oceague leaders. In addition, they not interfere with the sanctity of "In this notion the plaufiff, as tober 1943, that the
were critically received by the private property? Why no op- price was administratrix of the estate of
K5} vernacular Press. 68,000
In military notes yon her hudband Koo Shiu-ting alias ****
$272,000 in Hong equivalent to elnimms Kes Who-xing.
specific Kong currency and why is it that perfortontice of 1311 agreement helther defendant or his at- dated August 18, 1943 and made turney (a solicitor's clerks ever between her husband and the kara
nut in writing the allegation
that | defendant for the sale by the the purchase price should have
defendant of a house, No. 48
been paid In dollars unul May. Kennedy Rond,
19487
The suggestion is that the milter
being discussed verbally and had been referred to counsel. Perhaps it is so, but, that is not enough to explain the absence of some formul written
In Free China "The agreement was executed on behalf of the defendant by his attorney Chan Un-chau, the de- fealant himself being at the time
protest. for in Free China, whither he hund
gone by reason of circumstances |
by
the
Japanese
Anwing those Manita yesterday by IPA were Mesars, Pedro T. Lamwherd, Meen evented Hong Lamadras, Juantia Felipie, vasion of Hong Kong. Emillia Ong. Federen Ong,
The agreement specilles the Salaysay and Shakespeare Chan purchase price as 68,000 Japanese Miltary Yer and provides for by the sy Fathers inched Mise the payment on the date of the
agreement
Arrivals from Conton vesterior |
el
50.000
yon
<str
Payment In Yen
"I have no doubt that the ren-
son why the agreement provided for payment in yen und
Hearing Of Case Involving RASC Men
Hearing was resumed yesterday before Mr. Hin-shing Lo at Cen- teal of the case in which two RASC men, Cheng Chun Cheung, and Hut Cheung, were charged with demanding $500 menaces from a woman Wong Chol Fung.
with
Glying evidence in the witness box, Cheng saict that he had wer known the woman since he was a was in fact made in you were child. Both are from the subc the purported repayments of the village, Un Leng.
mortgage) was simply that the
Government placed philatelic stamps on the list of Prohibited Exports yesterday. Desition now
An explanatory note said that Modern Political Science and the purpose of the inclusion of Public Law have moreover, re- the stamps the list is to guard garded private property resulted against the possibility of fight of from unearned increment as un-capital by export of philatelie dersirable. There have been in-tron the United Kingdom to come tax, inheritance tax and so Hong Kong with subsequent re- forth for the regulation of private export to the United States or capital,
elsewhere.
And the Bolsheviks call such private property as surplus value of Labour squeezed by the Innd- lords and other explotters of the masses. The anarchists term it nothing but theft.
The sooner we understand this philosophy the better. If Gov- erminent wishes the populace to be loyal, ennet more laws like this listel Bill.
Survivor of the
Kempeital Toriures.
Official Notices, Appointments
The name of Mr. Luke Him- sau has been added to the List of Authorised Architects.
*
He had not seen her for the last the purchase price. parties constracted on the basis of six or seven years. LC. Kohls, Mr. and Mrs. J., Ple- [gecount
He went to see her in an un- kering. Mis, E.XV, Wagner, Miss This payment was duly made and the Japanese law.
"There is certainty no evidence numbered but in Ship Street be- LP. Schneider, Mrs. V. Lee. G. is acknowledged by endorsement
was so cause she had, hired a hooligan to agreed price Tyrell, Messrs. H.M. Binks, JE
The purchase that the on the agreement.
ជន to grossly inadequate
be assault one of his co-workers and Mogva, C,C, Wilson, N. Mahamed,
erus to be completed within
evidence of fraud. All that has his object of seeing her was to L. Doane, G.II. Thomas unct
mattia,
WDS but time.
of not
happened is that it will now be reason with her on this subejet. Captain J.W. Collin.
essence of the agreement,
The defendant
to much more
When he went there, he told her undertook
expensive for the give a title free [rom
encumvendor to carry out the agree that when she was a prostitute in branresa clause of some in- ment than he had expected, but, Un Long. he had told her not to portance because
re-occupation as I have pointed out, the vendor practise that profession there, to mortgages were outstanding
le would have to meet this extra the disgrace of her brother and He scolded her for expense whether the agreement her village. the tune of HK$103,000.
doing it now. in specifically performed or not. "The balance of the purchase
Is merely lusing the chance. He denied ever asking her for price was in due course paid in The forthcoming riding hus afailery Yen, the amounts out-of setting off against this extrs money or trying to blackmail her Leen announced if Mr. Leon standing in respect of mortgages exponse the profits he could, but for being a prostitute. Jackson, civil servant, of Buxley were patet in Miltary Yen, the for the agreement, have mutin Inspector Saul, the case was ad- jappointed an Assessor in the In-
the more favourable
Mi. Harry Odell will address the Hong Kong Hotary Club on Tuesday
Rest Gurten, at the Hong Kong Hotel, at 12.30 D. His subject will be "A
File Show."
Lodge, Conduit 'Road,
and as arst mortgages executed a Mary Elizabeth Wilson, nursing eels
cister, of Queen Mary Hospital.
REFORM CLUB
HOLDS INAUGURAL
MEETING
(Continued from Page 1)
Brook Bernacchi, a member of
In reply to a questioner. Mr.
the Cantmities, said the aim of
ceof the property
re-
in
"He
In
selling in English form and market of today. If it had so happened that the value of the property had dropped below the would price paid, the vendor certainly suffer no hardship.
"In fact the price of the pro-
favour of the purchaser were excented in English, Chinese and Japanese forns.
Incomplete Transaction he was now asked to complete.
After cross-examination. journed to. May 26.
by
Reminders
Today
HK Art Club monthly exhibition, Helena May Institute, 3 Lo 7p.m.
Garrison Players present "Arsenic
and Old Lace," Missions to Seamen's Institute, 8.30 p.m. Sino-British Club Concert, Euro-
pean YMCA. 9.30 p.m. Kowloan Bowling Green Club
social evening.
Meeting, Second
Extra Race Happy Valley, 2 p.m.
Coming Events
George O'Connor Mr.. MarUn has been appointed to act as Di- |
TOMORROW rector of Education during the absence of Mr. T. R. Rowell. Classical Concert, Toe H Club, The appointment became effee- tive from February 14.
Mr. Thong Ko-sine has been
land Revenue Department with effect from February 1
.
Mr. Justice F. H. Williams, Pulsne Judge, resumed duty on
Painters. Didn't Get Away With It February 14,
Two painters, employed to
Mr.
J.
··
Wicke, Magistrate, "For some reason the tran-perty has soared, and this beleg suction was not carried to com- so the vendor has made a bad paint the mv. Titjalengka, were ditional judge with effect from ceased to net as a temporary ad- plction by registration, either bargain--A-bad-bargain in itsof convicted by Mr. Hin-Shing-Lo February 22. with the Japanese authorities or cannot amount to unfairness at Central yesterday for stealing under the British law in Hong hardship and there is no doctrine six tins of paint from the Tai Koo
Mr. Edward McLaren has been Kong, and the difficulty now is of equity to deprive a purchaser Dockyard. the Club was to build up that by reason of Sections 3 and of a good bargain if it has been They were stopped by a police-appointed. to be a Justice of the Hong Kong citizen to take an of the Debtor and Creditor
Peuce for Hong Kong, with effect fairly made.
man while walking along Tsing from February 25. Interest in Hong Kong, The (Occupation Period) Ordinence "It follows that the plaintiff in Fung Street and, falling to give question of representation in
con 1948, the mortgage debts on the entitled to specific performance satisfactory explanation of the property have not всеп dis-of the agreement and to the costs tins of paint in their hands, were
prrested.
A sentence of three months' Imprisonment and expulsion' was imposed on each of the defen-
Government would be aldered.
Mr. George She suggested that charged. the Club should form itself into
a sort of parliament and doll- the plaintiff's claim
berate on any questions
of the action."
To Clear Big
dients.
Squatter Area Acknowledgment
Mr. Justice E.II. Williams has resumed the Chairmanship of
the Commitice to administer the
Hong Kong War Memorial Fund.
The Reverend Fr. Albert Cooney has been appointed to be A member of the Court of the University of Hong Kong for a period of three years with effect from January 27. ་
Mr. Pedro Paulo Botelho Jins to nit ኪና
"The first broad basis on which challenged which is that the rent agreement bo- the Legulative Council discusses. tween the parties was that the price should be "We could then
compare their purchase
00,000 opinion and ours," he said amid HK$272,000-the #gure laughter.
Yen being
Inserted to comply with Japanese law. One
said Hong questioner Kong's educational system was "An order dated May 10, 1943,
Police, Public Works and
The Trustees of the Macao In a way responsible for its and effective from June 1, 1943,
Health Department officera Protestant Church and Cemd- upathy. Pupils were taught the made Military Yen the only per- were given power
empowered yesterday tery Fund gratefully acknow- and forbade ordinary school subjects without missible currency being encouraged to take an in- the use of Hong Kong dollar to clear the biggest area yet ledge the following subscrip- Honorary Consul for Guatemala
of squatters,
tions to date:
at Hong Kong. terest in anything else.
the heavy penalties
The area defined in the Gazette Donations Proviously Acknowledred 118,799 Another suggested that there maximum being 15 years should be a public meeting hall fine of 50,000 yen. The official yesterday stretches from Arsenal.M. de Soot N.Y. Borumy.... where pubile meetings could be rule of conversion was four Hong Stroot to Eastern Street and from IL Bonnermin
the waterfront across fo Bowen Swmeler held regularly for the airing of Kong doliars to one Yen-su that public views and grievances, in- the 272,000 dollars was in fact Road. stead of as al present being con- the equivalent of $8,000 Yen at fined to the correspondence the official rate,
under
or 11
N, N.
and lead Ofcel
Jardine, Matheson & Co. Lik
4
becn
Mr. Marceli Ranicki, Consul
for Poland, has assumed charge 100 of the Polish Consulate-General
100 in 'London' ́with jurisdiction in
230
Hồng trong
200
Mr. Frans von Oven has been to recognised, provisonally, as Vice- in Hong Kong
100 Consul for the Netherlands at
2.2
100
The name of the Anglo-Chi-
Proprietary nese
Syndicate Limited has been struck off the
112,04 Regluter of Companies.
It is bounded on the North by Roxal Intro Lin (Agency the waterfront, on the East by a shewan Tours & Car a line along Arsenal Street across | Rev. F.W. Wenter (M$10) columns of the Press.
Sacrot Agreement
Hennessy Road F. Olem Major Brazier
the junction of Creagh sup- "I allowed the evidence of an
and Queen's Road, East, to Mon- Wo parted the contention that there
along Monmouth J.S. Tu should be representation of the alleged secret agreement or re-mouth Path; people in Government and the presentation that the purchase Path to Kennedy Road, thence 1.K. & Shanghai Banking Corp. 6,040
price would be paid in dollars to West to Borrett Road, up Borrelta. creation of a Hong Kong citizen, be given solely on the basis that Road to Bowen Road, and then. A Se but that the Hong Kong citizen I thought it might disclose some due South to the 700-foot con- should be a person who takes ground, on which the defcudant tour line. personal interest in. - Hong Kong's might be able to resist the eqult- On the South, the aron is bound- defence.
He suggested that a conditionable remedy of specific performed by a line following the; 700- foot contour line; on the West by should be incorporated.
in the ance
Having carefully considered a line along Eastern Street and Ciup's programme that every the evidence; however, I am of projected idue South to the 700- member, men or woman, should the clear opinion. that the written foot contour line. Jelf the Defence Force dr other agreement was the only agree- The Hill District of the island *Mr. Manisation.
da Silva, another ment between the parties and of Hong Kong is above the 700
that, even if any question of foot contour line.
dollars had arisen payment in
dolence
member of the Committee,
was
she last speaker. He said the prior to the signing of the agree trend of modern leistation was ment, it has been, abandoned an encroachment on human when the agreement was signed. uberty, and suggested that the There was no evidence what- Reform Club was, a Fort
support the allegation
ever to
vigilance, committeo and guardian that the purchaser was influential of the citizen's, right.
1. with the Japanese and I am eur-
It would serve as a sort of priced that this allegation. (ko complaints committee, envisaged the allegation of fraud) was not
the war, where com withdrawn.
before plaints could bo relayed to "This being so, why should, the Government. It is a channel for purchaser, any more than the the unrepresented Hong Kong vender, be willing to defy the citizen, to bock redress, or to air
Japanese law' at the risk at Korut
or expectationa
our views or complaints, or wants imprisonment or heavy fine? And If the parties were prepared to run the risk, (why did they not At the forthcoming annual
show the purchase price, in dof- general-reeting of members of lam in the agreement since it was the Hong Kong" and "Kowloon not claimed that the agreement Whatt and Godown Company, itself, na, bpposed torthe Japenesp Limiidd, the Directors, will reassignment would have to edmmendy that, subject to audit,
to the Japanese?! dividesid at the rate of 313. aut in Kastish ellate, les lok, bie, pild to respect form was for use offer the Japan- of the year-10102
lese, poctpation and the purchaset":
De
Totq?
The names of. Dr. Elizabeth A Revenue Officer shot and Kuanghu Tang. Cathleen Monag killed himself at the offles of the han, Mary Josephine Clifford and Imports and Exports Department James Tak-on Wong have been sterday at 6 pm. and dled at added to the Register of Medical the Queen Mary, Hospital of his Practioners. They are entitled wound. No further detalls were to practise medicine and surgery
available.
in Hong Kong..
Hongkong Welcomes A Sparkling New Personality MIRIAM (The IRIUM Girl) Soon to be on the tip of
everyone's tongue!
Talbot House, 50, MacDonnel Road. 8.30 p.m.
HK Art Club sketching class,
members
at assemble Kowloon Star Ferry, 10.30
2.10.
10
Talk on "Religion und Work! Government" by Mr. E. W. A, Ankerson, European YMCA, 8.30 p.m.
Star
MONDAY Ferry Company, Limited, annual general meeting. Jardino's Board Room, 12
noon.
Whist Drive, European YMCA.
0 p.m.
TUESDAY
Bridge Drive, European YMCA,
GPO
8 p.m. Urban Couneli meeting. building, 4.16. p.m. HK Rotary Club luncheon, Talk on "A Film Show" by Mr. H. Odell, Roof Garden, HK Hole), 12.30 p.m.
St. David's Day Dinner, by St. David's Society of HK, Itcof Garden, TIK Hotel, 8.30 pm.
Getting Hotter ? Why, I'm Practically
BACON !
Beautiful
middle slices
of Australian Bacon
await you at The Dairy Farm
For $2.75 a pound.
THE DAIRY FARM ICE & COLD STORAGE CO.LTD.
HONG KONG
KOWLOON.
THE HONG KONG JOCKEY CLUB
NOTICE TO MEMBERS Second Race Meeting,
Saturday, 26th February, 1949.
There are nine races, the Flist Zell will be rung at 1.30 p.m. The first race will be riin at 2.00 p.m. and the last mi 6.00 0.01.
MEMBERS' DADGES AND ENCLOSURE. Members and guests are reminded that they and their ladies MUST wear their badges PROMINENTLY DISPLAYED througout the Meeting.
NO ONE WITHOUT A BADOE WILL BE ADMITTED TO THE MEMBERS' ENCLOSURE,
Badges admitting non-members to the Members' Enclosure and
Club Rooms at $10 Inblæðing
· obtain- tax are shle through the Secretary on the written or personal fiftró- duction of a Member, such Member, to be responsible for all chits etc.
Badges admillling to Members' Epotosura will NOT. DO D/ salo at the KACE COURSE,
Tho Treasurers' Compradore Office will close at 11. a.m and the Secretary's Office at 11,45 a.m. Both Offices at 1st Floor, Exchange Building,
A limited number of tillins will be obtainable at the Club House provided they are ordered in advance from the No. 1 Eloy (Tel. 27818).
NO CHILDREN WILL BE ADMITTED TO THE CLUB'S PREMİSEA DURING THE MEETING.
PUBLIC, ENCLOSURE.
The price of admissun 'to, the Publie Enclosure is 83 including tax for all persons including ladies, and is payafile at the Gate.
Bookmakers, Tio Tao men, etc. will not be gertallied to operate withus the precincts of The Hong Kong Jockey Club during the Race Meeting.
Refreshments will be obtainable in the Restaurant in thr Publio Enclosure.
. SERVANTS' PASSES,
·Servants", passen will be issued to Frivate Box holders ONLY, who aco, requested to distribute them with discrimina- tion, and, to endoise their names on the passes. Holders of Enclosure auch paised are not permïited in the Members except for prasing through on their duties and must remsin In their employers' standă..
18 Drink
Famous
Teas From
8
Provinces
of China
blended into
1
Perfect
CHINA
TEA
BY ORDER,
Jou
C. B. BROWN.
Secretary.
H.K. $5
ainable
Lending Stores
THE SOUTH CHINA TEA CORPORATION VID.
品出工
STR a X X ch