Hartley & Sugdon Ltd.
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Submissions On Law In Claim Against Shipping Co.
US
Submissions on law were made by Mr D. A. L. Wright on behalf of the plaintiffs when hearing of an action for alleged non-delivery of goods from the United States, which had been landed in Hongkong, continued before the Chief Justice, Sir Gerard Howe, in the Supreme Court this morning.
The Chief Justice: They are even better, Mr-Wright.
The claim, for $224,410, was brought by the China Mutuat Trading Co., Ltd., of Nos. 13- Counsel submitted that if the 27 Ice House Street, against Court accetied to the argument the American President Lines, presented by the plaintiffs, It Ild.. แ company incorporated would be depriving a Hongkong of his goods, and that under the laws of the State of owner Delaware,
and
an iniquitous result with would be Lo Si to the cose.
offices
in Hongkong
Buliding.
After quoting more authori-
Plaintiffs claimed the delivery ties, Mr of various textile goods, machinery, technical
lading per the
Wright Buld the sub- text-fect matter sought to be affect- books, drugs, and photographiced by the restraint was a ship of three bills or in the custody of a national materials under
the foreign country which en- American Reamers Mount Davis, President acted the legislation. The only
Presidenteve Buchanan, and landed into Kowloon Godowns on December or their value and
detalning . for
the
Monteca and...
10, 1950; damages some.
Mr Percy Chen and Mr D. A.
L. Wright, both instructed by Mr A. S. K, Lau, appeared for the plaintiffs The Hon. Les
of
owners
A case
of the
and the Such nease was en- different from tirely where the goods were landed off a ship and put into the custody of a godown.
A
ship, said Counsel, might be subject to the jurisdiction of
'Almada, QC, and Mr Brook a foreign state, but it might not both instructed be within the jurisdiction of a
A. Bernacchi,
by
Mr P. J. Grifths, were for foreign state.
the defendants..
Counsel
The Defence based their case could not be argued that and on re-goods in on American law
action
-xulations-issued-by-the-United were in any shape or form.
Stales
submitted that
the
the present
jurlalletion of
CONSCIENCE SHOCKED
Department of Com-subject to the merce by which the goods weve the United States, covered and under which the defendants claimed they were protected.
on which
CHINA * MAIL
SIDE GLANCES
3-15
Established 1845
WEDNESDAY, APRIL 9, 1952.
WATSON'S
By Galbraith Kloon Riots Sequel:
COPR. 1941 BY MEA BRAVICE, INC. T. AL REIL LI. 8. PAT. OFF.
"Yeo, I bought two Easter borinats-you never know. when they might start rationing hats!"
Agreement On Trieste
In
Sight
London, Apr. B.
Fire Breaks
Out In Ship
100
109
News was received this morn- ing thol the 55 Benledi. scheduled to arrive here at 8 a.m. from UK via Singòpore, caught fire while the ship was about
miles away from The three-power conference Hongkong.
It He said it certainly shocked
was reported that the on the administration of West- the conscience when goods
ern Trieste (Zone A) today agents, Messrs W. R. Loxley & (China) Ltd., received and subject to Hong-worked on problems connected Co. within
should
Information at 4 a.m. that with the possible transfer to Infor kong jurisdiction affected by a restraint imposed italy of the economic and finan- smail fire had storled in the by a foreign government. It
local stern cial departments of the
of the ship. The same at 10.90 a.m. sald understood source government, would be an intolerable posi
that the fire น
brought here. tion if that principle was adopted
under control and the ship to deprive a local firm of goods
Officials now believe that on would arrive this afternoon. on. Its very doorstep.
Central Fire Station agreement in principle on the extent to which Britain and the confirmed they had received a United States will be able to report
be
RESTRAINT OF PRINCES This
Wright morning, Mr dealt with the law on restraint which he said of princes on the defendunts based their case. It was plaintiffs' case that them was no rule for the restraint of once goods princey to operate had been discharged frum
Counsel said he did not think ship into the custody of a go- down, and the Furness, Withy the principles mentioned in the the Defence Furness, Withy case could apply case.
the for where a voyage was over, relied, was no authority
cargo had been discharged proposition.
of the Under the American Carriage was out of the custody of Goods By Sea Act, the opera-person sought to be affected by tlon of the restraint of princes the restraint. The present ease was confined to the perled be was poles apart from the Furness, tween the time of loading and Withy ease as the clrcumstances were entirely different, he sub- What were the time of discharge in the case mitted. the essential elements in before the Court? asted Counsel. fact that the It was admittedly cargo had been discharged from
such
and
it is
The
ย
of the fre and were
give Italy a share in the ad standing by to render any as- ministration of Zone A may be sistance when the ship reached reached before Easter.
the harbour..
further
that They thought work on details might be left over until next week.
The purpose of the conference is to discuss the administration Under the Unitel States Car- of Zone A of the Trieste Free riage of Goods by Sea Act in-Territory, which has been under corporated by express reference Anglo-American milltary Gov- the ship into Godown Company in the bill of lading, the re- ernment since the end of the in the Colony which was within straint of princes exception ap war. the jurisdiction of the Hongkongplied only from authorities. The
the time of
It is not concerned with the actual trans- loading to the time of discharge portation was at an end there and no further, Mr Wright de- future status of the Free Terri- was no question of any inter-dared. Therefore the restraint tory as a whole. ruption of the voyage. Indisput- of princes exception was not edly, ownership of the goods was available to the APL.
The
restraint
*They
A Foreign Office spokesman in a Hongkong citizen resident had po right whatever to hold here emphasised that today's
depart in the Colony. Furthermore, the up the goods belonging to the study of non-political
of ments of the local government APL had no property interest plaintiffs, whatever in the case and claimed princes point was one on which did not mean that Britain and the United States had yat agreed to transfer supreme con- trol in These departments 10 Italian officials.
some rei submitted.
All they claimed to have, the APL could not rely. Coun- попе Counsel submitted, was obscure right to cap the goods The hearing is proceeding.
out
of the possession of the
owners.
lawful the goods was the
of
in
in
Custody also not APL. They had neither the ownership nor the custody pf the goods. In the eyes
at the law they had lost pos- and custody
session
to the
Hongkong and Kowloon Whart Company, The
and Godown
position in law was perfectly
TAFT'S BIG LEAD
Chicago, Apr, 8. Returns from 1,378 of 9,811
clear. The Godown Company Precincts in the Illinois presi-
were
ballecs. In the eyes of dential primary, including 1,244
+
Good Work By
Chinese
Jungle Squad
Kuala Lumpur, Apr. 8. An all-Chinese police jungle squad of eight men and a leu- tenant killed four Communist terrorists and wounded two in the first engagement of its kind in Malaya.
Appeal Against
Sentences
Dismissed
Holding that the sentence of three months was, in his opinion, not excessive, Mr Justice Gould in the Appeal Court this morning dismissed appeals by four Chinese young men, all Tsun Won textile workers, who were convicted at Kowloon Magistracy for behaving in a disorderly man- ner with intent to provoke a breach of the peace at Nathan Road on March 1.
His Lordship said the only concession he was prepared to give was that their sentences date from the day of conviction and not from today. Special Police precautions were taken around and within the building. Sented in the public benches on both sides of the dock were a number of students and tex- tile workers.
+
The appellants were Chin Chiu-kwan, 24, Chow Chung- chun, 20, Tung Sta-yip, 20, and Man Kwong-sai, 23, all weavers employed by the Po Sing Textile factory in Tsun Wan.
It was common knowledge that a crowd of persons had gathered at the Kowloon Railway station to meet and greet in a spirit of festivity the expected delegation of these donors of funds.
"But on
Mr. Chen added, account of a request from the reception committee..
Mr Blair-Kerr: I think Mr Chen is going outside his pro- vince.
Mr Chen.
Owner Of Gold Rings
Defrauded
For fraudulently convert- His Lordship: 1 cannot allowing two gold rings set with own use, 25- you to go further on that pola, jade to his
Fung Kin-wah, year-old alias Sung Nun was sen- tenced to four months by Mr Oswald Cheung at Kow- loon this morning.
They were represented by Mr Percy Chen while M: W. A -Blair-Kerz Crown Counsel, appeared for the Crown assist= ed by Det-Insp E. P. Groce
Addressing the Court, Mr Chen sald that this appeared to be a simple case. From the to be noted that facts it was the four men were alleged by the Police to have behaved in disorderly manner, and I would be further noted that all there was no evidence at thai, although the Mongkok Police Station had been to
and the crowd at the railway certain extent damaged by the station then dispersed and pro- thi
that none.ceeded- up Nathan -Road and throwing of stones, of these defendants was seen wo Chatham Road, throw any stones. Another point
. WDS evidence fendants were the Police
from
seen
the that the de- by
Mr Chen said that he merely wanted to show how these men came to be part of a crowd and added that for certain reasons
the delegation did not arrive
DI
Inspector Cheng said that the owner of the rings wanted to sell them... and defendant suggested. going on board a ship to get a en- higher price. The owner Mr Chen went оп. "The trusted the rings to the accused these young but when they went on board evidence is that men went up Nathan Road as the ss Pliwandi on April 1, the in that way accused disappeared from the not to be in well and it was of that
part they became of a other side of the ship. the vanguard of the group
of people returning to Three days later the complain- persons who must have thrown crawd
From all ant met accused at Wanchal and the stones, but they were seen their various homes.
of the had him arrested. the circumstances to have been in the rear.
The nings which were recovered intended welcome of the crowd Those two facts, Counsel said.
to the railway from a goldsmith shop were sold Went would seem to point that al- who
might station that the presence of the for $350 by the accused who had though the defendants
of donors have been in a large crowd delegation
spent all the money.
The Prosecution revealed that in complete fulai- they must have been quite have been distance away from the policement of that conduct which is defendant was convleted of lar- station.
expected of friendly and good ceny by trick last year. "Usually, a leader
In any neighbours.... organisation or congregation is in the who stands A person
of the forefront or vanguard proceedings,"
Chen, said Mr "But there are some leaders, like the Duke of Pintzatore, who led his troops from behind."
LESS EXCITING
His Lordship: He must have found it less exciting.
was to
JUDGE'S REBUKE- Mr Justice Gould: You know very well that has nothing to do with this matter, We are considering an appeal against sentence only.
The Magistrate said he would reserve his decision on the rings til 2.30 pm. tomorrow.
Today In The
Court
Mr Chen contended that the Marine
of
circumstance in which these found themselves young men
A fine of $70 was imposed Road were in cir-on Pang Wing, 52, master in Nathan cumstances which
the cargo junk 11877, by Mr T. B. antithesis of any organised or Low at the Marine Court this morning for carrying four ex- premeditated disturbance.
were
cesy passengers.
On a
Beverages
THE POPULAR CHOICE
Living Language
Why we say Man of straw.
A "man of straw" is one without means or re- putation but the phrase has no referenco. to the fact that straw is easily blown away. In the middle
ages certain worthless Individuals, identified by a wisp of straw in their boots, used to loaf round the Law Courts and in return for a bribe would give what- ever evidence Was re- quired of them. They were the first "men of straw."
Mail Notices
Latest times of posting of un- registered correspondence at the General Post Omee. and Kox- Iech Post Omee; the latest times of posting for registered articles are generally one hour earlier than the times 1441catod below. Particulars regarding parcel malis may be obtained by en- quiry at any Past Omes.
KASTER HOLIDAYS On Friday, Saturday and Mon- day, April 11, 12 and 14 respect tively, the O.F.D. Hongkong Oce and the Kowloon Post will open for publle bass from 3 a.m.--boon; all other past -afces will be closed. There will he abe genoral delivery com mencing at 10 am, on each day and there wil bo one election from all posting boxes,
WEDNESDAY, APRIL $ ity Air UB.A.. Canada, 2 p.m., P.A.A. Malaya, Indonesia. Australia, New Zealand, 6 pm., C.P.A.
Japan, Korea, 5 p.m., B.O.A.C. Formosa, 5p.ma I.K. Airways
Rake Macao, 12 pm.. Len Hong/Tak Sappcenske
Philipping Nikobar. Formosa, .m., as Shengking. THURSDAY, APRIL 19 By Air
1
Stam, Burma, India, Paktilan, Middle East, Africa, Great Britain. Europe, 0a.m. via B.O.A.C.
Indo-China, B p.m., Air Vietnam. Philippines N. Borneo, p.m., C.P.A.
Malaya, Ceylon, Bahrein, 8 a m., [ B.O.A.C.
By Burface Macro, 12 30 p.m., 0 p.m., Lea Hong/Tax Shople's Republic,
0.30 China,
a m., train via Canton,
Burma, Noon, as Chun Sang.
GENERAL HOLIDAY
FRIDAY, APRIL.. 11.
By Air
Japan, Canada, U.S.A., . . Vin C.P.A.J.
B
Mr Chen: Exactly, my Lord, but I suggest his leadership in that case was ineffective.
Counsel added
that these
Counsel said that the presence. facts which were not apparent
similar charge. Chan Blam, India, W. Pakistan, to the Police when they gave Police officials, who are try-
should
of the defendants together with Kuen-fook, 30, fisherman, was Bahrein, Great Britain, Europe, their evidence
be ap-
a. B.O.A.C. other crowds of people nned $65, Chan was carrying
a.m., Trial ing to raise
Burma, India, 10.38 a Chinese police
Court now, and the parent to the
lead the should
the could have been postponed to three persons too many when Always. Court .to force of 2,000, commended the
Formos, Japan, Noon: C.A.T. Chiness unit for its true offen-
another day or could have been he was intercepted by a naval that although the conclusion
Okinawa, Noon, H.K.A./NW.A.L In a avoided if certain information, patrol off North Lamma Island
Hawali, Guam. Philippines. defendants were acting sive spirit."
"High
which became public, that is, yesterday. He was additionally us.A. Canada, Noon, P.A.L. The
Commissioner, disorderly manner they were
not fined $50 for providing his 61- N Borneo, Australia, New Zen- General Sir Gerald Templer,
found guilty of so acting-that that the delegation were
not leaders of any going to arrive, had earlier been picul junk with an outboardland, Noos, Q.E.. them: "My best con- they were messaged
Fort of attack upon the police made known in the morning or motor. gratulations to those who tookc
the day before. station. most suc-
It is, however, believed that part in yesterday's
of cessful and spirited action." favourable expression view about the possibility
The Chinese had set an am- of making such a transfer
the Reds had bush for
after re- information, ceiving
They now been given by the British
battled 12 and American delegations
terrorista for
20 Italian quarters here const-minutes with no losses to them- dered that the discussions were selves. After
the
terrorists still in the balance.--Reuter. withdrew they found! LWO camps and captured arms, am- munition and
nine packs Associated Press.
the law a bailee not only has in Cook County, tonight gave TRAIN DERAILED
custody but legal possession.
"INIQUITOUS RESULT" Mr Wright asked the Court to look on the
the following results:
The
False Alarm At The Treasury
The alarm system at the sounded Treasury
Senator Robert Taft, 85,735;
Milan, Apr. 8. Harold Stassen, 14,403; General
dost Simplon Orlent Dwight Eisenhower (wrile-in), Express train was derailed to-
696 Riley 12,098
Bender, 3,318: night at Lucernate near Milan, Hongkong case before it
Douglas MacArthur | injuring Ave persons seriously. with extreme caution, and cit- General
Three coaches jumped the ralla after 12.30 causing the Emer ing from an authority, remarked (write-in), 027.
Democrats Senator
Estes and demolished a signalman's fency Unit to rush to the spot. a judgment made that it was
The alarm was a false ene due pre-cabin. All the five injured were of the moment, Kefauve, 09,213 (1,134 "on the spur
to faulty wiring. and a judgment made in such cincts). Governor Adial Steven-in the cabin,
450 (402 pre- A few passengers suffered haste needed to be locked en son; (write-in)
minor bruises,United Press. cincts)-United Press. coutiously.
Mlle Mournier's Brilliant Recital
Last night at the concert Hall of Queen's College we heard ogain the surrender of Warsaw
เ
boldly varied moods from the sweet were excellently and
flowing melancholic narrative of brought out.
Mile Mournier's brillianey in the Ballade to the frollerome
It staccatos
of the whimsical technique fa indisputable.. was clearly demonstrated from Scherzo. her running passages which In the second half of the pro-
from hor
INTELLIGENCE TEST SOLUTION:
The two sides of the carpes wrongly supplied totalled de fest. The Mirifier had demanded a carpet of the same ares, but with each side the same length. So we have to did two numbers, each the square of an integer, which total BUEN TRAM are dearly 35 494 64. The carpet rest was 15-tier by 64 140%
"The Minister, bað ; ordered. ́m carpet 40 real by 40 feet. With a perimeter of 100 feet.
London Express darvion,
ANSWERS
that
boar
Radio Hongkong
H.K.T.
0.02,
Dg Burface Bacio, Noon, as Lee Hang, China, People's Repubile,, 0.30 a.m, trajn vin Canton.
Kalaya.
Madagascar. Ceylon,
Africa, East & Sout Mauritius,
Áden, Middle East. Great pritain, Europe, Noon, so Canton.
Japan. Canada, 10 am, as Azeri- can Mali.
Indo-China, Indonesia, Noon Tilbodas
GENERAL HOLIDAY SATURDAY, APRIL, 12
For failing to stop when In conclusion, Mr Chen re-signalled by the Police, Fan Furthermore, it was common
defendants Ying-cheong, coxswain of the commended wero knowledge that theories
first offenders, and motor launch You Lee, was India, read widely
and literature were all
$50. Fan was arrested pointed to the fact that, in the they were Industrious workers. fined
Mr Chen said, "In this case after a 20-minute chase of the particular philosophy
the where we have neve: had any Lyemun Pass on March 31, persons who believed in
cost of disturbance at all in 'upsurge of new elernents OF
and there
would in society, believed that Hongkong, classes
of appear to be no reason for any in order to lead a mas
By Air people one had to be in the disturbance of such a nature to
Middia occur that the sentence, which is
Burma, India, Pakistan, forefront, said Mr Chen.
Programme, Summary:
Eust, Africa, Great Britani, Europe, Children Hat Hour. "Toytown" by Noch, Via B.O.A.C Mr Chen dontended that the not a heavy sentence, from the defendants. were not leaders or point of time, and in view of the BG. Hulme Beaman (1879), agitators. At ind time of their fact that some of the other perrighfulness at the Theatre Royal
sons convicted of a like offence Band of the Royal Ulster Rides
6.30, Forces Bandstand (Concert Hall). been arrest they might have excited. Defendants were all were sentenced only to one By kind Permission of Lt. Colonel & West-Africa, Noon, Air France.
J. Drummond. D.3.0. Conductor: in month, 1 asic your Lordship to do textile workers employed
something which
which would make Me B. W. Soars: 7. Lucky Dip. 8 a.m., B.O.A.C.. nii Trun War, and
them he of
Requests Jean understood, were first offenders these young men grateful for the Haliday (Bludo); 1.00. Weather Re- Putting the situation on that indulgence shown by the Court port: & Time Signal, World News and day before the Court in order on account of their youth, high News Analysis (London Relay): 6.15. Short Htectial by ly ** Pons spirits, and the fact that they are soprano) and Gianpiero Malaspina to show that there was no pre-industrious workers contributing Baritone): 8.30, Orchestra of the meditated, deeply-sinister
In their small way to the welfare week-San Francisco Symphony Oz- spiracy or agreement to do any of the Colony, I ask your Lord thing whatsoever against the hip to place them on probation law and order in this
Mr Chen were not at work that
said the day Colony money to keep the
being a Saturday. The
or bind them ever in a sum of
peace. day,
Court
157
(BBCTA). Ray Martin and chestra 9, London Studio Melodies
年
U.S.A., Canada, Noon, P.A.A. Japan, Noan. D.Q.A.C... Indo-China, Franco, Frerich North
Malaya, Indonesia, Ceylon, India,
Chicken Thief Uses Bait
Chu Wah, 20, was charged
Melody from the Sky" Orchestra
es No, if (DBCTS): The Frankin's before Mr Oswald Cheung this with Jimmy Young: 935, Canterbury
with intent to
Tale. Chaucer's Poem adapted for
uteal.
His Lordship addressing the Broadcasting by Nevill Cognil; 10.16. morning with killing a chicken
Memories of Franz Orchestra
10.40 Your Counsel Andre Kostelanetz and his
According to the Prosecution might ask why were they not appellants, said:
day has put before me that therophy Latin-American Mule; 11, Tadio the accused - used a smalt in Taun Wan enjoying their day was no premeditation about News Revi fLondon Bowy); 11.15,
of and the' reason was because this offence but I am bound to Goodnight Busic: 1120, Weather Re- quantity of caustic soda mixed .on that day s philanthropic have regard of the nature of ose down.
mission, composed of persons the
offence which 18 be
port; God Save The Queen; 11.30,
with small fish as batt
be chicken after cating this came unconclous and defendant picked it up and put it in
Errested.
Tho
who had donated funds for the having in a disorderly man SLAIN OFFICER
SPONTANEOUS
The name
1 to Russia, a dramatic tragedy put in music by Frederic Chopin
relief of refugees in Hongkongne
intent to provoka in his thunderous Revolutionary
who had suffered from a disos-ner with Etude No. 12 in C Minor. Ger- were a beautiful unbroken fluid-
trous fire, were expected to bound to have regard to the
breach of the peace. Tam WRONGLY NAMED He was seen and gramme the pianist interpreted
The chicken belonged to the. ity of metalic
of the RAMC completely ortod Mournier maine
contrast between the modem French composers, CHECK YOUR KNOWLEDGE arrive here that day.
circumstances of the nature of officer whb was tragically killed wife of a Sanitary Department unptured the mood and spirit of controlled.
Dobussy (Music Impressionist)
the breach which was at that in a New of real masculine Faure and Ravel with
Territories accident coolle who reared it on. b. picco the compeser and interpreted forrissimo
equal utter planissimo. --.
1. Theodore Dreiser's
time perpetrated. The sentence force and
Last Sunday, fund whose of vacunt ground In Dyer the poetic essence of Chop on soft and clear as the drop of a understanding, depth of dealing American Tragedy”. 2. An un- Mr Chen went on to explain imposed by the Magistrate of funeral took place yesterday Avenue.. the plane with the artistic ex-
of finger, ele$il and
which,
"reported was incorrectly
In When arrested castle poda pression of an inspired musi pln. Her exquisito trillos, in dexterity
mastery. She invariably gave to ending task. Penelope, wife of that the presence of the defend-three months, is one, Debussy's Iisie Joyeuse,
ants in the crowd 'was spontane- subject your good behaviour this morning's paper,
and fish were found in accused'a were cach composer his Individuality Ulysses, in faithfulness to lier
husband during his wanderings, ous and that they came to a really only of two months. The officer was Captain N.HT.pression, The programme opened with like a peal of heller of style, feeling and tone colour promised to marry again when Hongkong with
ulterior Even taking into consideration | Newman, and not Captain New- Chu was sentenced "to Beethoven's, Sonata No. 2 in C
I'month, qay Above all the seemed to shine she had completed her Sharp Minor familiarly known
With musical lyrics such as in Raval's Alborada de Graciso, but each night the bing, motivo. The deferidants had said. your youth that is not, In my ton as reported.
destroyed they were in Hongkong for their opinion, excessive. The only The Moonlight." Her fingers glided through the Chopin's Ballade No. 3 in A Flat which was a brilliant piece of what, she spun during the day. own business and having com- concealon I am prepared to make la that your sentence will First Movement (Adagio Major and Scherzo No. 3 in tone fantasie with pronounced 3. Orlo. 4, Rumming. 5. Nine plated it they were waiting for a Sostenuto) with rounded pllancy Minos. Mile Mournier played Spanish melody and rhythms hundred and sixty-nine years. 6. bus at the Jordan Road torry run from the date of conviction
and not from today: whart" Baden-Baden, Germany, while the themes of the Sonata with equal ease, capturing all the "IRENE".
were
and sonorous, stately
powerful
по
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