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2016

Debtors And Creditors Ordinance Criticised

Money Left

In Taxi

A sum of money left behind in a text of the Pacific Auto Barvice, of No. 199-203 John. - ston Road, may be claimed at the company's office by the passenger concerned.

The passenger boarded the taxi near Chator Road yerler. day.

|Criticism of the 'Debtors and Creditors Ordinance in that while it protected the creditor, it did nothing for the deßför, was made By Mr. Eldon Potter, KC, in the Court of Appeal yesterday.

Mr. Potter, who, with two other barristers, was

representing appellant in an appeal against a decision of the Chief Justice, submitted that the protection of the purchaser, had been deliberately passed over by the Legislature.

The sale of a house during then existing Japanese occupation the Japanese occupation torm-law, the mortgage debts were in med the subject of the appeal focl completely discharged in Sep- tember 1843, and were regarded in which three barristers are

by all the parties concerned as being legally paid off.

Novelty Film Now At The Lee Theatre

13

Bome-

appearing for either side.

The appeal. brought by the local solicitor, Mr. Hangkan

Kwintung Woo, is against the de- Potter reiterated. He added that

cision of Sir Leslie Gibson. Chief Justice, who delivered 'judgment against him on February 28.

"It is a ponitive fact that Woo peld off the mortgauze debts." Mr, it was vital to realise that the basis on which the Chief Justice rejected this fact and ruled that the debt was not paid "off was Auno on a finding which, he sub- mitted, was wholly unsupported. After further referente to the Ordinancer, and after having su3missions, Me.

"Bill and Coo," opening at the Lee Theatre today,

The judgment was awarded in thing entirely different in the ne of litm

favour as plaintiff, the present entertainment that it

order deserves muntion outside of the respondent. It was for an regular "China Mail" cinema page.

fur specific performance br on agreement for the sale pf 40 Produced by Ken Murray, who received a special award for his Kennedy Road, together with an ninde certain

fforts, and Coo" boasts arder that Woo execute a proper Potter submitted that the object cast of more than 270 love bird conveyanco of the property.

of the Debtors old Creditors Or- The Full Court taking the casodinance was to protect the cre- all artists within their own

a single is composed of Mr. Justice W-ditors and not the debtor. rights. There is not

and Mr. "In fact, it is called the Deb- human being In the cast, except, Puise Judge,

Justice Scholes, Acting Pulsne 'ors ante Creditors Ordinance, for the narrators volces.

Judge.

hut the only person protected by And can those birds act! Trained

Mr. Eldon Potter, KC, the Ron, that ordilsance is, the creditor," by George Burton, they make the d'Almada, KC, and Mr. B. A. Mr. Potter submitted. The pro- little bird village of Chirpendale, Bernacchi are representing appel- fection of the purchaser. He add- replete with miniature houses, ant on his own instructions. ed, was deliberately passed over shops, hotel, bar, schoot and

Respondent is represented by by the Legislative Council. church, As real as any man-

Mr. H. Sheldon, KC, Mr. John Counsel then pointed out that Inhabited town,

MeNelll and Mr. D. A. L. Wright, the Chief Justler in his judgment Instructed by Hastings and Com-made provision for the protection

of a bona fide purchaser,

After further legs) aubinisalons Respondent, Liu Lan-fong, alias Liu Ah-lan, is the widow of Kool Counsel, he quotes various Shui-ting, alias

authorities in support of his con- Koo Wan-sing. the Shui Hing Company, of Nos,

tentions. 187-195 Des Voeux itoad Central: Liu claimed in the action before the Chief Justles for specife per- forinance of an agreement dated August 18, 1943, made between her husband and Woo for the sule of 48 Kennedy Road,

Filmed in colour, "Bill and Coo" becomes a refreshing and enchant- ing tale about life in Chirpendale, with

"Bill and his girl friend, "Coo," the stars of the show. The villain of the plece is the Binck Menace, nou ollier than Mr. Crow. who is to Chirpendale what the B 20' were to Berlin and Tokyo, The Black Menace has it in for Chirpendale In general and for our hero B1 In particular. But in the end Mr. Grow is no match for the love birds and fails victim to "Operation Scarecrow," ingeniously conceived plan hatched by Bill.

an

pany.

Purchase Price

chase price.

Hearing will continue at 10.30 **** mm. today.

That payment was eventually

Kai Tak Beat

THE CHINA MAIL, TUESDAY, MAY 31, 1940.

The Convair the CATC's brand new luxury airliner, touch-

ed down at Kal Tak yesterday, completing her delivery trip from her birthplace In San Diego, factory, The, two-engined plane fal equipped with the lates: 'In Heronturiča: "Tolence and is specially built for comfort. Its features include preaguridad cabina, a cruising speed of 100 mph and it has a capacity for 40 passengers.

Construction Firm's Annual Meeting

The Hong Kong Engineering and Construction Com- pany Limited, at its 23rd annual general moot- ing hold at St. George's Building yesterday, re- ported a busy year for 1948, and a net profit of HK$475,211.58.

Regarding future prospects, however, the Chairman of Directors, Mr. Horace Kadoorie, warned that it looked as though construction activities in the Colony this year would not be as remunera- tive as last year,

retiring

Reminders

Today

Whist Drive, European YMCA,

8.30 p.m HK Hotary Club luncheon, talk By Lt. Col. Mitchell, on "Hong *Kong in 1014" "at" Root Gar- den, HK Hotel, 12.30 p.m. HK Light Orchestra rehearsal, St.

John's Cathedral: 6.45 p. Women's Auxiliary of EPC bridgo

and mahjong drive, Govern. ment House, 2.15 p.m. Central British Association, an

nual meeting, Jardine's Board room, 5.30 p.m.

North Point Wharves Limited,

nual general meeting, Jaco bran Room, 12 noon. Kowloon Union Church Ladies

Gulld' meeting,' 10 am.

Coming Events

TOMORROW

H Club meeting, Talbot Haute, 50, Macdonnel Road, 8.30 p.m.

Dragon Boat race at Chung Shing Bathing Pavilion, 4 p.m. THURSDAY

The big name at Kal Tak ven- The agreement told down the terday. was that of Mr. N.V. purchase price as 68,000 Military Pochin, the Soviet Ambassador to Highlight of the Alm the Yen. It also provided for the pay- China who was on transit here on arrival in Chirpendale of the

ment of MY50,000 on the date of his way home to Russia,

A few months before the Starling Brothers Circus, featur. agrement on account of the pur-munkts not the tits, inc Ing trapeze artists, strongmien, a

Nationalist Wild West rodeo and a daredevil

Government advised motorcycle acrobal (all performed made and acknowledged by en- the foreign diplomatic groups to by love birds) and boasting a dorsement on the agreement. The quit Nanking The Russions were i $230,000 and will have to be taken Mesára; Lowe, Bingham, and Mat-Kowloon Rotary Club, Luncheon, menagorle of wild beasts, such as

the Arst to take it. be completed

The other panthers and tigers (kittens to

legations remained.

They followed Et you).

part of the " and Coo"

( cleverly

National Government to Canton produced and directed show, it

established the Embussy offers rare talent and should give

there. young and old an hour's worth of

United Press adds that one Batisfaction.

to

and

in hand.

uncheon meeting, Rock Gar- den, HK Hotel, 12.45 pan.

Peninsula Hotel, 12.30 pan. Presentation of Awards at Gov-

érément House, 10 am.

Mr. Kadoorie said in part: not be as remunerative this year "Oar houses on K.1.L. 4137 as in the last, though to date we suffered very heavy damage dur-cannot complain. The rentals of ing the Jupariese occupation. car properties will show,

w an in-To During last year we rebuilt two crease due to the new houses of the four houses, and have now constructed on K.IL 4137. Himost completed the other; two. "I shall now propose that the On complying with the Govern-Report and Accounts for the year ment building convenant, we will ended December 31, 1948, us pre-

en be entitled to apply for Crown Sented, be adopted and passed.”

and this we hope to do The motion was seconded by Union Church Ladies Guild

other Mr. W.A. Welch, and carried uns Ing. Helena May Institute, 3 ortly. Eighteen of our houses on K. 1. L. 2057 still re-animously, Welch and Mr. Low-y's Men's Club of Hong Kong,

Mr. W.A. quire major repaira in order to

Kadooric, the

Were te-dlected, aild preserve them. These repairs will renco cost us in the neighbourhood of Directors, purchase was

thews re-appointed 'auditors. within a month.

The Company has been kept Supporting Mr. H. Kadoorie in In giving his decision on Feb- ruary 20, Sir Leslie Gibson stated

very busy, throughout the year, the chair were Mr. W.A. Welch We

(Directors) received a that the defendant, Woo, had un-

fair share of and Mr. M.W. Lo | dertaken to give a title free from

business, both with regard to con- and Mr. Ernest Sahmet (Secre struction and piling. We were em-1ary). encumbrances, a clause which ha

-erection of

Shareholders of cotton

prosent .were ployed in termed important, as pre-Occupa- Foreign Office source pointed out player store buildings, sub- Messra. A.V. SkvorION, David tion mortgages were outstanding Mr. Rosthin's departure

might mis to the tung of HK$100,000,

also indicate a desire to

to sidestep stations, timber stores and various Cohen, A.M. Braga, J. Grant and The Chief Justice ruled that the delicate problem of protocol.dition, we were requested to re-

other Industrial works. In ad-Lau Hol-on. for some reason the transaction China has no, Foreign Minister at condition a number of residences. (Continued from Puge 2) was not carried to completion by present and no ambassador has

| registration, and the difficulty was been appointed

"Our Manager, to all the port Shooting Of Dogs

that by reason of the Debtor and vacated by Dr. Fu Ping-cheung, Skvorov, while on home leave, Sirin view of the, prevailing | Creditor (Occupation Period) who was for a time considered mude a study of various indus

Eng- cases of rabies, I heartily agree Ordinance, 1940, the mortgage for the Foreign Minister job, This trial enterprises In America, with the Police Department's de- debts pn the cision to destroy all dogs found been discharged. un-muzzled in the streets,

Nevertheless, I also belleve (and I feel sure that the locul SPCA will insist) that the des- Iruction of such dogs should be be carried out quickly, effective ly and efficiently, so as to cause the minimuy suffering to the poor dogs so destroyed.

Correspondence

in making a preliminary point."

tion of the Court to a notice sent

representation.

York

trip. She left by plane yesterday to continue her globe trotting.

the

Mr. A.

Hok Un Quarry

MOTOR: LAUNCH DEDICATE

IMPORTED GOLD WITHOUT PERMITS

Five cases of importing gold without permits, involving |HK$1,00340 worth of the pro- Hibited metal were heard be- fore Mr. Hin-thing Lo at Cen iral 'yesterday.

Lal Chofu, and Lo Wing-chin,

to turn

Bishop Hail Was assisted by Government. Chow Chi-fung who Rov

F. W. Weaver, Chaplain of was on board the same ship was the Saliors Home and Seamen's absent and his ball of $5 was es Institute, Hov, TE Cover,

trented and .51 tael of gold con- Chaplain of Naval Dockyard, and fiscated. Rev. R. J. Lowe, Chaplain of HMS Jamaica.

WHATS HE

Up to?

Pago

HE'S UP TO

'DATE=HE'S DRINKING

OAK BRAND Full-Cream POWDERED MILK

'ONLY $1,90-A TIN,

THE DAIRY FARMICE & COLD STORAGE COLATO

"HONG KONG

Mullard

For the Newest

9 VALVE

12 WAVEBAND

BANDSPREAD

"KOW!

HULLARD

RECEIVER

See the Syndicate

Stocks Available or Leading Shops or

.1B, Chater Road

land

The deditation of the motor property had not leave both embussles with equal particular attention to air-con launch Dayspring If by the found with 2:3 and 1.86 tacks of

and the Continent. He pald ditioning, airfields, factory Iny-Reverend R. O. Hill, Bishop of Mr. D'Almada called the atten- Miss Nancy Goodrich of New outs, etc. The result of Mr. Hong Kong, took place yesterday gold, respectively, in the ss. Wint

belonging to the famous Skvorzov's holiday has already at the Fenwick Street Fier, Sang were cautioned and ordered THE PEKIN

over their gold to the to respondents concerning His Goodrich rubber and tyre estate been lurrative to the Company's Gloucester Road. side's intention to call further spent a few days in the Colony busthess. evidence on

part. appellant's

on her round-the-world education That evidence, he said, was not available at the hearing of the netion. Such, however, was NOT the Mr. D'Almada further disclosed case this morning. This policeman that Mr. Sheldon, who had been this marning's Informed of this by him, had no "shooting expedition" at Waterloo objection to the, taking of that Read probably because he was evidence on new points.

fort-sighted or sleepy had to After the Court had granted fire three shots, before bagging | permission, Mr. H. K, Woo, the one dog, and this with a shot nppellant, took the stand. He

concerned

Pi!

gun.

7

-

11

+

1

*|

The tall, slim, American so- however. When asked if she could cialite fought shy of reporters,

give the public a little story of her travelling she said: "No, r can't!"

is

In the ss. Tung ang RI Read- man came across 2.1 toels of gold The Dayspring IT is the latest on the person of Chen Wilan-nang, addition to the two-craft Beet of arid In the ss. Yochow 85 tdel of the Sufiore Home and Seamen's the metal were found concealed Institute, She is for general use on 'n passenger Wu Bo chàng. A visiting seamen, including caution and im order of confisca- piente cruises,

tion was made.

"our quarry

at Hok Un proving a steady source of in come. The stone is crushed by two electrically operated' crush- ing machines, and there is a Bondemand for en products,

The prot for the year We learned however, that Miss to $475

$475.211.58 to which must be for rich is on her way to Spain added $38,341.30 brought for- stated, in reply to questions from to study and will be continuing ward. from last your giving an I wonder, therefore, how many Mr. Bernacchi, that sond te to Europe after that

Famount available for appropria shots this policeman would have after judgment was given in the

tion of $011,452.88. --Jess such fired if he have had to use a previous action, he had a visit Strengthening rumours that ain amount due for corporation bibits pistol, or a rifle; and I also won- from one Ko Fuk-sari who was lines ecutives are planning to tax (1948/50) payable on der Whisper this safe to allow the ton and afternity of the second vineri colinist can grow and requiander review Hein. Ut 3814-

other Communist areas, Reference To Mortgage for sotia says now, were arrivals 289.07, being was losses, there is

yesterday of Mr. W. Bond and very file lehe

ilo likelihood of obtaining In the course of a conversation. H. Bixby. between them, Mr. Woo went on, Mr Bond is the Vice President reparation, and in view of the reference was made by Ko to the mortgage in question. Ko of CNAC and Mr. Bixby, the Vice fact that we have not written then gave him a copy of a letter President of PAA

: such a poor marksman mortgagee.

firearms at all.

By the way, the poor, tortured

dog was not mine.

SAFETY FIRST.

Landslide

*

Sir-Refering to your article which purported to have been In today's "Sunday Herald" about sent to Hastings and Company,

The Landslide at Stanley Prison, Ko also furnished a letter from EL DORADO, LEAVING It would please me very much to Hastings replying to his own letr inform you of the true facts. ter.

The USS El Dorado which The appllinco which was' men- Cross-examined by Mr. Sheldon me to the Colony about a week tioned in your article was unable Mr. Woo revealed that Ko was aslo With Admiral Bullgora. Ang to do anything to remove the rock second mortgegee. Ko, he further. which was on top of these men, said, was an old friend of Tying at her mast, is reported to We, the NUME Recovery, team, and rich man. Up to the time loving the Colony this inorn

ing for Okinawa, with our 10-ton Mack were called of judgment, Ko had mide no but and released the, then by. Uft-claim at all.

Ing the rock. All this can be Mr. Woo also stated that be verined by the Prison Officers tween the date of the passing of who showed every appreciation the Debtors and Creditors Ordin when the job was completed, ance in June 1948 and March Hoping to receive satisfactory 1949, there was no claim made reply to this letter as in my against him by either of the two opinion the people responsible for mortgageen.

0

the work should be recognise Mr. Sheldon further questioned and not those who just stand by. witness. The latter disclosed that. THREE SERVICEMEN. the second mortgagee had been forced to accept payment of MIL- tury Yen for the sale of the house. Mr. Woo sald, however, that he this to the Chief 3ld not say

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Justice at the action because his had to occasion, to reveal it."Ho Kave his, counsel a statement on matters, concerning it, he added. Opening his case for the fap pellants, Mr. Fotter commentel that this was a case of great f

portance.

The position of Mr. Woo Sa that be received the were furned to Hong Kong dối lars. to the pmõutit of $27,000); Mr. Mog. Jyas, now, as stres För the judgment compelled tog

mortgages, which were discharRG In futur sha autochthar: 0436t

uriniher to the paid debt.

THE EVERGREEN is 000 human with thronest

200 Nathan Head, Köylõun

Phone 5804%....

•Me. Folter üzen" went thebli"]}]

| Kiowa judgmmik,” According to the

4

the

the

down 'tinything on this, account since the reoccupation, our Beard deem It wise to write down Wor Losses to $120,000.

At the end of the Company's financial year our overdraft with our Bankers' ambiinted to $287,- 577,09, which has been" Increased substantially since that date.

"Wwith 'regard to future pros pets, It looks as though construc top, 'detivities in the Colony will

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