CROSSLEY BROTHERS LTD. Marine, Stationary & Auxiliary Marine Diesel Engines.
ENGINEERING EQUIPMENTSCO:3LTDS I.K. & Shangbai Bank Bldg. Tel. 27709
Under-Selling Threat By Japan Is Lessened
[From ERNEST ASHWICKI
Geneva, May 11.
The shadow of Japan's shilling shirt, and the threat of Japanese under-selling when she becomes a member of the General Agreement on Tariffs and. Trade, paled tonight following rumours that the tariff negotiations fixed for September may be postponed.
No definite decision has yet been taken to put off these talks between the 34-member nations but several countries, Including Britain and the Commonwealth, be- lieve no useful work can be done until a clear-cut trade policy is made known by the United States.
Fluctuating developments in President Elsenhower's trade polley are at the base of that belief. His decision to ask Con- Rress for an extension of the Agreements Reciprocal Trade
Au-
Act for one year without thority to make cuts in the
existing
United States tarif
renders void any hope of re- ducing tariffs in any negotia- tions for another 12 months at least.
The the United
earlier plan, to which States agreed
In
February, WDJ for full-scale talks on tariff culs in Septem-
are postponed,
ber.
If the talks
Japan's application for member- ship will also be put off and she will be unable to start trade negotiations with the 16 coun→ tries she has already namedi, including Britain-London Ex- press Service,
UNCERTAINTY
London, May 11. The Financial Times said to- day that the General Agreement | on Tariffs and Trade (GATT) organisation may have to vise its ideas about how to deal with Japan's application
Notices
latest The
times of posting shown below are those för ung registered correspondence posted at O.P.O., Hongkong. The istest posting times elsewhere which, in general, are earlier than the G.P,0. timer, can be ascertained by enquiry at the local office.
The latest posting lines for re- gistered articles at generally one hour earlier than the times shown below. Particulars re- Karding parcel malis can be a certained by enquiry at any post us.
TUESDAY, MAY 12
By Alt
Indo-Clima, France, French North and West Africa, 4.30 pm. Air Vietnam.
Japan, ti p.m., T.A.Ç. Burma. India. Pakistan. Bildele East, Africa, Great Bestal Europe, 6 p.m. 1.0.A.C.
My Hurfaco
*
re Macao, 9 a.m.: 4 p.m.. at lee
Hong/Tak Shing.
WEDNESDAY, MAY 13 By Air nenbership, as result of vil-
Philippiner. Guam,
Hawall, certainty created by latest deveU.S.A., Carado, a.m., via P.Al-
Zealand, ... nulley.
11- This newspaper's foreign editor sald in a front page arilcle: "It is felt in London that
CHINA MAIL
· Established 1045
TUESDAY,
MAY 12, 1953.
SEUP LOSES BOW IN COLLISION
This picture taken from the air shows the British Railway steamer Duke of York after a collision with the American cargo ship Halti Victory in the North Sea. The whole of the Duke of York's bow from forward of the bridge broke off and sunk after the accident. →→ London Express photo.
Alleged Conspiracy:
Evidence Today's
Vote For Me!
400
Sheaffer's SNORKEL
CHINESE BANK GIVEN JUDGMENT BY FULL COURT OF APPEAL
The Full Court of Appeal, comprising the Chief Justice, Sir Gerard Howe, and the Senior Puisne Judge, Mr Justice E. H. Williams, this morn- ing dismissed with costs an appeal from the decision of the Trial Judgé (Mr Justice Reece) who heard four actions which were consolidated and tried together.
! Mr Justice Reece had given judgment on all claims in favour of the respondents, the United Chinese Bank Ltd, of 8A. Des Voeux Road Central, against the appellants, Albert Francis Bailey, of 4 Wing On Bank Build- ing, third floor, and Fong Chaut Lau (a restaurant), formerly operating at 480 Hennessy Road, Wanchai.
„A. wliness from the Charlerİ Bank, called for the respondents, who
Appellants were represented | vendors; they were equally by Mr Brook A. Bernacchi, in-unaware of the appellant had experience des dening with biti structed by Mr Y. H. Chan, Bailey's sub-contract. Secondly, stated that the bus in question were while Mr John McNell, QC, the appellant Bailey's Bub can bill of lading. True a witness and Mr A. J. Clifford. Instructed contract was for the sale of view though the would rat appear to for the appellanta gave a contrary by Johnson, Stokes and Master, carbon black of French origin: appeared for the respondents,
In a written judgment, the Full Court said:
Turning to the second contention has already of the appellants that the Zilla were
peak with the same experience as there was no evidence that his ita for the respondents. The Trist Judge reached the conclusion purchasers would have been that the meaning of the words was Batsiled to receive Danish car- not definitely scified and ho held The facts concern a series of
that the blife were clean. It is the hon black. the ap-
duty of the appellants to show that transactions between
thli slew (was wrong, in view of PAYMENT QUESTION pellants and respondents re-
the conflicting statements regarding the meaning of the words, we are by the garding the purchase
The question which was orgued at unable to my that the Trial Judge's metric appellant Bailey, of 100
Length before this Court was | finding (was incorrect. tohs Danish carbon black. whether the
of
respondents had pald pazeed moneys under a letter of credit
RECOND CONTENTION The respondents had
gregainst documents which did no! with Bailey to arrange a con- comply strictly with the terms of Ormed irrevocable without re- the credit, Mention course letter of credit in favour been made of the appellant Bailey not ocean bills of lading, their Lord- pleading that the bills of lading shipa reviewed the evidence, And Barblean were not clean shipped of Albion Products,
on board dealt with appellant's claim" that ocean bila because of the qualifica-because of the clauso limiting the Chambers, London EC1, where-
"weight....value unknown". Tipulity of the carriers. Skandinavien- the respondents agreed to flona
It is to be noted that under "Pat- Linie, the appellant. Bailey had not to bo certain drafts honqur
to De Heulars furnished by the Shippers", got documenta swhich conferred pro- drawn on the
marki, measure and tective rights throughout the voYNEE appellant Bailey the weights,
Contents wero given. A further from shipment at Konor to lung after at 60 doys sight. The ob
argument was advanced before this kong.
Court that the bille were not on ject of the letter of credit was to enable the
Continuing, their Lordships maldi appellant Bailey bills of lading in that, although
In the
prevent chat, the bills to finance the purchase of the transhipment was permitted by the
MV | terma of the credit, the carrier of lading were insed on shipment; Danish carbon black. The under
clause in the bills of the bn cover the whole tracett Jading had limited his ability to The real grievance of the appellant. respondents were to pay the part of the transport performed Bailey, la that the goods were not
Hey on bills drawn on
on Balley pro- by him-an, vessels under his man
forwarded from Bremen. He has, cluso (3) randa:~~""The ments. An irrevocable and con-
Kibility of the
Carrier shall be Carrie who issued the bills of lad
because of firmed letter of credit was limited to the part of the transporting e asumes that
wording of the cloume. Ihatting by the performed by him on vessels under on his bobalf
Albion is management and no claim will rim. The Carrier, however, is under liability,' he has do redress against Bank..
* be acknowledged by the Carrier drew three pills for damage or loss arising during a duty to contract for the forward- of exchange
Bailey at arty other part of the transport over of hig liability under the clause in ing of the goods. He cannot get out on
the though the freight for the whole the respondent Bank
by question by merely offloading the || transport has been collected paid to honoured
goods at Bremen and there, Jeaving. 51
It was contended these bills. In due course
bits of behalf of them to their mate. The metric tong (2,900 bags) of the the appellant, Bailey, that by virtus lading, on their face, are ocean or of this imitation of liability, he, through blits of lading: The expert carbon black arrived In the purchaser, did not receive the witness for respondents from the on protection to which he was entitled Chartered Banic stated in evidence Colony and the blly drawn on prom dopment to destination. This that even if the goods stated on
I
I
Further Crown evidence was adduced when (Or How To Get Things Sotuction of the shipping docu-agement. The relevant part of the however, taken no steps to sue the
hearing of a case against three private detectives accused of conspiracy to defeat the ends of justice continued before Judge Scholes in the Victoria Dis- trict Court this morning.
1
The accused are Lam Yung-| the photographer went up. hon, 34, proprietor of the Y. H. did not go up at all." Lam Private Detective Agency, Witness sald he could not say
lopments in American trade Australia, New
Indo-China, Malaya, Extoneala, and his brothers Lam Yung-kit, whether was third accused or
C.P.A.
Zealand. Ceylon,
Japan. 6 p.m., B.O.A.C. Malaya, Indonesia, Australia, New India, Pakistan, Eas1. Great Britain & negotiating conference, which Europe, a p.m.. 3.0.A.C.
the date of the fullscale tarlit
was
suggested
by the GA
Inter-sessional Commitee
Middle
By Surface Macao, 9 a.m.; 4 p.m., Itong/Tak Sting.
as Lee
uf Japan Inst train via Canton.
was
39, and Lam Yung-tai, 32. They Mok who sald, third fæcused Formosa, Japan, I p.m., C.A.T. arc charged
with
having went up the Indder, but he was notes arranged for the fabrication of prepared to accept the
evidence to be given in a taken by the Chico Justice as divorce action heard in 1952 In correct. which, the
petitioner Wong Mr Pau further agreed with Kam-chiu and the respondent the Chief Justice's notes that was Leo
Mok who took a ladder, put it in The Hon. Leo d'Almada, QC, position against nlight and have to be post-North-Borneo-&-Rabu.--.m. and Mr Oswald-Cheung are ther. went up the ladder. poned, probably to some time America, Noun, 5s Philippine Trans- appearing for the first accused, also greed that when third
the carliest."
evidence he by Messrs Lo and Lo. accused was giving instructed The original plan was that a
accused are (third accused) told the Court Second and third number of outstanding matters,
by Mr D. A. In that represented
the Edder when
was in including the tariff negotiations
Instructions of position Mok went up; he did Wright, on the P.II. Sin and Company.
not go up at all. Third accused
China, People's Republic, 930 5.m., Man-wos. Sou-ying, alias Lee third accused went upslairs with
it considered the proposal for the
well into 1954 at
Best.
with Japan, should be dealt with
Funnona, D a... a Wing Sang:
Pari.
·Stam, Noon, as Bintang,
THURSDAY, MAY 14 By Alr Furmosa, p.m., via C.A.T. Pallippines,
Guam
Hawa.
at big conference possibly to-U.S.A. (San Franelson), 1.30 p.m.,
*
P.A.A.
Philippines, North Borneo, 5 pm...
Blank Malaya, Indonesia, Aus
wards the end of this year or at the beginning
of next, the article | C.P.A. said.
Witness
Mr D. F. O'Reilly Mayne, also said that Mok was wrong Crown Counsel, is conducting when he said third accused went the case for the prosecution, up the ladder.
Yin
I now looked as though the dia, New Zealand, India, Pakis-assisted by Mr delay in negotiations on Japan's fan. Biddle East, Africa, Great Bri
tain & Europe, p.m..
entry into the organisation "may B.O.A.C.
J. Moore, As-
Chik room boy employed Criminal In-by the Shan Kwong Hotel was
the_next witness called.
sistant Director of
C.P.A.vestigation.
bail are on
В
be much greater anki more Foumura Okinawa, U.S.A.. Irksome to Japan than it Waspm., H.K.A.IN.W.A.L. By Burface supposed at the time."
FEAR AROUSED
The article said that there was
a fear that the couner-offensive on the high tariff group in the United States Congress might lenve President Eisenhower
incapable of taking part in any mator International tariff negotia Lions, on the pattern of the three GATT conferences held so far, for some time to come.
8.30
Maçao, 9 n.m.; ~0 p.m.. of Lee Hon/Tak Sling,
People's Republic. China, a.m.. tron via Canton.
Korea, Noo, as Molly. Philippines, Noon, sa Burma.
Disobedient
Boy
A Chinese woman whose 12- stealing year-old son admitted
All the accused
Ho said he was in charge of of $10,000.
the second floor of the Hotel Mr Pau Shiu-chong, recently from 8 am, to В
9 pm, on January retired Chief Interpreter of the
He noticed nothing 3, 1952. Supreme Court in evidence this unusual outside the door of room morning said that he acted
302 on that day. No ladders Interpreter in a divorce action
were kept on his floor, in which the petitioner was
Witness told Me Wright that Wong Kam-chiu and the re- spondent Lee Sau-ying.
A PHOTOGRAPH
Μοκ
as
a room
A gunstered into a i particulars were small book and these particulars were then sent to the Ác- countant's office to be entered in the register (produced). The handwriting on the register was
that of a member of the Hotel staff, he said.
He never left the floor whilst
It added that before the next regular full scalon of GATT next September, delegales "will have to reach some understand- Ing about the course of action to be taken in the light of the $100 was told by Mr D. Benson delays caused by the hesitations at the Central Juvenile Court Shan Kwong Hotel. At the time went for his meals, witness said. in United States trade policy. this morning; "You should try the alleged
Unic States found, indeed, and teach him properly, and not that by then the Japanese bully him the whole time", ppplication to join GATT, which is likely to be one of the main
"You must learn to will ed: Issues at the conference, meet is main opposition from obedient to your mother," the United States, instead of from Britain, as it has hitherto," the article concluded-Reuter.
FIRST FLIGHT ANNOUNCED
To the boy, Mr Benson declar
was
Witness sold he remembered the evidence given on July by Henry Mok Hon-lal (former ly employed as investigator and photographer by the Y. H. Lam Agency) who prom Detective duced а photograph alleged to
by him at the he was on duty except when he have been taken
was He agreed that he could not say photograph
whether anything unusual was taken, ok with hair witness happening outside the door of
said that third
recalled. The photograph
room 302 while he was away, sald to have been taken through but two female assistants took
over at those periods. fanlight of a door outside
Witness Bald he had never room. Witness sald that Mok
en third accused
before. After stressing the serioumess had stated that he used a ladder
In answer to Crown Counsel, to climb up to the fanlight. of the pitence to the defendant, he ordered him to be placed on Witness also recalled that third witness sald he went for his about. 5 p.m. on the probation for two years,
accused also stated in evidence meals When the case first came up that he (third accused) had evening of January 3, 1952, and last Saturday, the bay admitted climbed the ladder, looked into he was away for 15 mmutes. having stolen the money from the room and then came down Hearing is continuing, the wallet of a friend of his and spake to Mok. mother's the day before. The On July 12 Mok atated that he
took the photograph from money was recovered.
The mother had then asked different position, possibly Inside Court to place her the coom, witness said. Mok had
Oslo, May 11. The first Bight from Oslo to
the Arctic arear the Tokyo across will be made by a Norwegian son DC-0B passenger plane on May because 23-23, it was officially announc-longer ed here tonight..
be
a
1
seen
Right In Hongkong)
Hongkong's a hundred years
behind;
It's moribund and stinking: Vole for me and you'll soon
find, That I shall do your think
ing.
For when I'm on the Coun-
cll, Boy,
You'll pat my back;
And thou! for joy.
•
I don't know what to tackle
first,
So many things are rotten; Let me know what you think
worst,
Before you have forgollen. For when I'm on the Coun-
cil, Lad,
You'll dance for joy. You'll be so glad.,
I'm not afraid to say my say: conviction; And say it with With every tople I'm au fall, From Finance to Eviction. And when I'm on the Coun-
cil. Bo I'll make 'em squirm, I will-What Hol
·
There's nothing that I cannot
As well as you, or better; I'm not the one for bolly-
hoo, I'm the Number
Gletter.
One Go-
And when I'm on the Coun-
cll, Chum,
You bet your life I'll make things hum.
It's up to you to cast your
vole,
To make sure I'm elected; For if you don't, you'll be a goat, and hopelessly de- Jected.
If I'm not on the
Mate,
Dank; and:
110
respon-
Bailey by Albion Products was point was not specifically pleaded their voyage on a coastal boat mid
by tho and though the
debited in the sum of $27,447,01.de no meatlon of the master in argued at the hearing
a mardy
LAND
KS
of
presented to and pald
matter was raised were transhipped to
Counsel for the respondent Bank in the sum of during the trial.
Kotig vessel, the bits, were ocean. the Bank's respondents at the conclusion of the bills; these were, occurs. bills. The £2,772.7.0d. Later
case mentioned that this had not expert witness for the appellanta. with been pleaded, No application debit note in connection
through Wal conceded that they were was sent to made by the appellants to amend ans. The trus sheet of the Himila. this transaction
was their pleadings: the Thal Judge tons of Bability in Claire 3 was not bis account Bailey and
before the his judgment. It is most undesirable el judge. It is to bo, observed
in the deposit of $30,080 that points not mentioned
pleadings should be taken at the set by Clause 3 of the bits of been paid by hearing. hod
ledžer which styled: "Paramount Clause", "The Hague Hules, contrined Balley
ΟΙ under the letter
́ ́ SOME FACTS
in the International 'Convention of credit. The
49 remaining 49 Before dealing with the drst con- the alfications of bertain ......aules metric tons (2,050 bags) never tenton, a few facial contained in the relating to Bir of lading; dated
August 25, 124, arrived in the Colony; they had judgment should be mentioned. The Brussels,
gorge shipped under the first bill of engeted L
Courdry been shipped at Korsor but for fading arrived in Hongkong but the shipment are to apply to the con some reason
weight was sheri-landed. The were not carried appellant, alles, in order to claim
tract. Denmark Is a signatory to on from Bremen,
this Convention. The omon of the part of on the Insurance Company for the Blessrs Knud Erichsen & Co. who transhipment. Bailey's account short-weight, requested the respon
signed the bills, are in: Denmark. Wha debited with a further dents to retire, the bill of exchang
By Clause 3. any dispute under the The respon bills of lading is to be decided in. $19,072.74 due on a second bill referable to this cargo.
denta, did so, debiting
Bailey's the country, where the carrier has of exchange drawn by Albion count with $27,447,61 on his bohell his principal place of business and Products on Balley at the rus on the bill. The documents relating
the law of such contract is to apply. spondent Bank for £1,887.5.74 respondents custody as Balley had court as to what law, and we do not to this cargo still remained in the There was no evidence before the not paid the amount due on the bio,
know how Clause 3 limiting liability Owing, however, to an omladon by would be considered under such In
someone "m the their pleadings the apto put the words "held to order of that the existence of Clause can respondents office law. We do not, however, consider pelianto claimed that the the Bank" on the insurance policy,
bo said under the circumstances of respondents hack wrongfully Balley was able to recover from the $7,000 for the
this case to deprive the appellanța accepted two bills of lading Insurance Company
of the protection to which he in covering the
cargo the respective
entitled under a cisan ocean bill of Turning now to the contention of
In our opinion, the. „ap- of 51 tona anch 49 tong: the appellants that the bills were lading
not "clean" bills of lading as required petlands have not shown, that the they say that the bills were not
by the tempt of the credit,, the
trial judge was in error In deciding the the bill is an ocean bill of clean shipped on board occan Trial Judge in his judgment reviewed
various opinions advanced by
Jading. Judges bills of Inding as called for by the terms of the letter of credit
and text-book writers on the meaning
bill. in that they bore in addition to parent good ortier and words
"goods shipped in op- condie. tion," words of qualification, viz. "weight
PLEADINGS
Council,
that the respondents known" that t value un- were, therefore acting wrong- for your fully in me
debiting Balley's cruel fate.
Don't blame
Hongkong's a million
years
behind;
Two mullon votes go
beg
ging.
Its Government is best
Aned,
de-
As supine and reneging. When I am on the Council,
Sir,
It's common ground I'll make
o sur.
-Авом.
Change In Radio Radio Hongkong
A
Programme
BC-
counts with these two sums of $27,000 and $10,000 in respect of the
she said she could ng / great doak, He asked the Court been made in part of tonight's 50, Twilight Harmony; 7, Tirs Rear-ere are two obvious grounds,
copo with
obedience.
cargoes. The appellant Bal- ley also claimed the return of the marginal deposit of $30,00
of $241,020 and the sum damages
suffered by him by reason of the improper accep
the tance of documents under leiter of credit contract.
This latter sum why claimed as damages for low of profits arising from the alleged in ability of the appellant Bailey to fulfil certain contracts for the re-sale of the carbon black bo cause of the non-arrival £ti Hongkong of part of the cargo The Trial Judge rejected this HKT 10, Time Signal and Programme | Men
head of damages for reasons Bummary: 0.62, Melody with the Stars; which appear to us to be correct, Ing presented by Donald (Stu dio) 7.50. We best-sleure Trancaise, either of which is sufficient for Studio 7.50. Weather Report: the dismissal of this
Bignal and World Now don Relay #315, Lection Talls by Firstly there was no evidence Candidate for Urban Council — Mr before
the D. Au (iscordodir 3.35. hythm original vendor of the Danish and Domones Lisbeth Webh and carbon black was aware, at the Erdo James (Recorded); 8.30, Zorces Cross-examined by Mr Wright, A 14-year-old boy residing votes (London Relay) batos ime he entered into the contract witness agreed that it would be at 331 Lockhart ftoad, first et Notebook presented the law for the sale, that the contract absolutely Impossible to refloor, was ordered to be placed an (Bucoli was made by the purchaser member every word or sentence on probation for two years by anime written and brooch with a view to ramie. Had the Mr D. Benson at the Central Wreford Veghe home UDC18 vendors fallen in their contenot given by n witness,
Juvenile Court this morning obtener of Route of Commons they could not, therefore, have Me Pau Agreed that the notes for soliciting for an immoral, the Ballet: "Ollie" (adam) -Royal been saddled with the low g taken down by the Chief Justice purpose. at the divorco hearing, were correct. The notes, read out by Counsel, stated: "The evidence of Lam Yung-tal was that when the ladder was in position Mok
At
last-minute change has In a Juvenile institution in text changed his evidence a
his dia- to excuse him and added that he Rolo Hongkong programmes.
thought that what he had said in
10 p.m., the
station will evidence on July 5 was correct. tako a BBC broadcast of the At the same hearing. (July 12) House of Commons debate on third accused told the Court foreign affairs. It will last for that he did not go up the ladder, ten minutes. wliness Bald.
'Quake Recorded
The ght is sponsored by the Norwegian Air Force with chartered Scandinavian, Airlines plane, with a crew of ten to bring 40 members of the Nar wegian feld hospital to Tokyo.
San Francisco, May 11. The University of Callforts During the trip, the Cloud- mander will cover a distance of seismograph recorded a strong 12,330 kilometres in 33 hours in two-hour earthquake, probably the air. That is 20 hours bess in the vicinity of the Solomon thank on the ordinary route trom islands in the southwest Pacific, Oslo to Tokyo over Aziaat 10.29 am, GMS toy United Press, A
Router,
Printed and published by WILLIAM ALICK GRINIAME for and on behalf of South China Morning Post Limited at 1-3 Wyrdham Street, City of Victoria, in the Colony of Hongkong.
NOTES CORRECT
'What's
His Line? Solution TOOLMAKER
adan-Ezprun, Maraton.
Father T. 83,
tho
Court that
claim
Opere House Orch. Covent Garden, profit on, a contract for re-sale cond. by: Constant Larobert12700) 12"
lon" (Chabrier)-London Philharm of which contract they werd nic Orch. cond. by Antal Dorati: Ignorant and which did not form 3059. Weather Report RL, Radio part of their contract; obviously News Tool London Relag), 115, a respondent Bank could be in Goodnight Musle: od 'Have The Queen: 11.39, Close, Down, “
no worse position then the
short weight.
of a
SIDE GLANCES
The appeal is therefore 'disratsved with costs.
By Galbraith
Grandma saya happy marriages, depend on
position, not good tooks.
told me you