JOHN HASTIE, & CO., LTD..
Ships Steering Gear.
ENGINEERING--EQUIPMENT COMMITD. II.K. & Shaoghal Bank Bldg: Tel. 27780
JOHN CLARKE'S CASEBOOK
Jim's Jewel
Robbery
It is part of line's work is up. But first he would have us
chauffeur-messenger to a jeweller. to collect each morning a brief-case from a safe in one part of the town, and take it in his car to his
to
tell his wife, break the appalling news to her that he was a thier. was going to confess to the police, would surely be sent to prison.
The police were waiting for
employer's shop in a neigh-him outside his house. bouring district,
The brief-ense contams jewel- tery, auny thousands of pounds
worth, sometimes.
For reveni
in its
*AN IMPULSE
the Clerkenwell court, next morning, Jim pleaded gulity years Jim has faithfully touted to the charge of atending the ban the bag backwards and forwards, and the £010% of jewellery, and o
disinterested
polleeman completely
went into the witness- contents, which seemed as safe box to tell Mr Blake Odgers, the
if he were rich magistrate, the story. with him as enough to be beyond templation. He, In fact, Jim is not rich. who handles much of great value every day, keeps himself, his wife, and six children on #3 wnge of £7 a week.
JUST WALKING
mrining. Jim
"I believe he did do il on an impulse, and
and that he aras going give himself up," sak! the oficer. "The property, of course,
to
has all been recovered.
Jim, big, dark-haired, tidy man of 37, sak: "I walked about for hours and hours with thut bag. I realise this is serlous. Can't think why i done it-the boss has always been a goki
*The
Totected the briefcase as usual. Io it. om that particular { guv'nor." day, was jewelery worth £0102. "He's very, very happily mar
As he drove towards the shop|ried,” the officer went on. with the bag on the seat at his family's not in debt at all. I don't side something strange happened think this was premeditated. lie fuelle Jim. He decided to steal has no previous convictions and his load of treasure.
had a very good record in the He parked the car m a side- | RAF. street, left it, and set off walk-
"Lost his job. I suppose," the ing quickly, carrying the brief- magistrate sold.
"No, sir, his employer will take
case.
At first he was dazed by his him back.” daring, too dazed to begin to think what to do next.
THE THIEF
again.
"Everyone seems to
walked and walked and pre-THE magistrale turned to Jim sently his whirling brain cleared and he realised with horror the enormity of what he had deare.
POLICE WAITING
be conspiring to persuade me to give you a conditional discharge instead of sending you to prison,“ he said. "I shall do that, but if
HIS verish walking hard by you abuse, it, nothing can save "If you do anything like this
taken him half way you. across London. He was near, to the
Edgware
Ryad; he [re= } again, you'li go down for at membered he had a friend there least 12 monthis, perhaps three who kept a small shop. He
years. found his way to it and laid the
CHINA MAIL
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Established 1845
FRIDAY, JULY 17, 1953.
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423
To M, DG, U. HL, FALDI.
p. 1943 by MLA Birsten, Ind
"How many of you girls are in favour of walking right into the Kremlin and telling Malenkov a few
things?"
The Lady Wolmer
Continues
Inquiry
The inquiry into the circumstances surround- ing the grounding of the British merchant ship, mv. Lady Wolmer off the South Korean coast on if I leave this with you set hun free. His place in the May 19, continued this morning with questioning
brie on the counter.
for a bit, Harry?" he asked his friend.
"Not a bit," Harry said. "You You don't look all right, Jim?
too good."
"I'm fine." Jim said. "I'll be back later for the case. Thanks
lot, Harry.
He resumed
now, his brain
his walk,
Bul was obedient
nguih. I began to see clearly
They shower out the man who hod stoten_£9,000, and presently
dock was taken by a sneak-thief with two previous
of the vessel's master, Captain W. E. Jones. Convictions who had stolen goods worth just The Court of Inquiry comprised Mr T. B. Low, Marine under £1, and
was sent to
Magistrate (President). Captain R. C. Lewis, RN, Queen's, prison for four months.
Harbour Master, and Captain W. Lumsden, Master Mariner, Marine Superintendent of the China Navigation Company Ltd.
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Mr P.A. Leighton, Marine, an estimated
of "I for Uffler, assisted the Court in the¦ degrees in his course between charting of the vessel's course noon and 4.40 p.m.-would_have on maps
been offset by the westerly set Mr R.F.G. Dennis, of Messrs of the tide, Mr Low asked that Brutton and Company, appeared if the westerly set of the tide for Captain W.E. Jones and offset the easterly sel
was it his First Mute, Mr Fish.
possible that the course steered When the Court. opened this would put the ship three miles
Mr F. G. Nigel, south of its course.
'owners, said that he was present in order_10_correct. any fulsa..Im- pression which might have been given in yesterday's evening newspaper's report which stated that the Lady Walmer had none of the modern aids to naviga- tian,
senting the ship's 'ow
Mr Nigel said that the ship had been passed by Lloyds prioi to the trip, although there were no luxurious fittings on board, which might be present on the more modern and larger ships,
Mr Low, in reply, said that the Court
appreciated the anxiety to
remove whatever impressions might be given by newspaper headlines, but that not a concern for the Court.
Captain Jones replied in the armative.
The hearing is continuing..
Sessions
Pleas Taken
was
Pleading guilly before Mr Justice Scholes at
Supreme Court this morning to larceny from dwelling-house, Chen Tau was remanded in custody for eight days. Chen
alleged to have stolen from a house in Kowloon on May 5, $1,000 and personal effects, the property of Lau Tal-yue, and jewellery to the value of $50, the property of Tau Tue-yus.
Sheaffers
THE WORLD'S BEST!
APL APPEAL DISMISSED
Court Holds Company Unable To
.:
Rely On US
Govt
Regulations
The American President Lines, Ltd.. lost its appeal against a judgment of the
Chief Justice, Sir Gerard Howe giving $464,000 damages to the China Mutual Trading Co., Ltd., said to be a purchasing agent of Communist China, for the non- delivery of a cargo of sulfa drugs.
Dismissing the appeal with costs, the Full Court comprising Mr Justice Could and Mr Justice Reece, this morning declared its opinion that the American shipping company could not rely on orders and regulations issued by the American Government which came into effect while the goods were on their way from San Francisco to Hongkong on the APL ship, Mount Davis.
#
the
law in the matter of
The American President Lines the
cargo
In question. On effective control by virtue of which tended to show that while were represented by the Hon. December 27, 1950, however, the the fact that the goods were | United States Inw applies to the Leo d'Almatia QC and Mr Brook appellant, who must have been held to its order. But the ap contract for carriage. It should Bernacchi, Instructed by Mr under the impression that the pellant was at pains to P. 1. Grimths, while the China respondent had already removed tract itself out of any further be displaced in favour of Hong-
kong Mutual Trading Co of 13-27 Joo the cargo from the
ᏗᏝᏅ
godown, Rability in
of capacity
delivery. House Street, were represented wrote to the respondent stating carrier once it had warehoused
opinion on this point is by Mr Percy Chen and Mr that the appellant had been or the goods.
therefore that United States law D. A. L. Wright, instructed bydered
was submitted by the Department of
for the must be applied to the question Washington, Mr A. S. K. Lau. Mr H. J. Commerce,
to respondents that, custody having of the right to withhold delivery Armstrong appeared for Kow- secure
cure the return of the cargo been placed in the Godown as well as to actual carriage of Joan Godowns named as second to public godown. There was a Company, as ballee, the restraint the goods. respondents.
request to the respondent to of princes provision thereupon On the application of Mr return the same to the Godown cam
own came to an end. On the basis d'Almada the Appeal Court Company to-be placed on stor-that the pleadings contain an un- granted ап interim stay of age, subject to further disposition qualified admission that custody execution for 14 days pending or relense. The respondent had of the carge was given to the the APL'S appeal to the Privy not in fact at that time taken Godown Company, I zm. of Counsel for the appellants sub-
and Chen had delivery was subsequently opinion that as
Council, after Mr agreed not to
1950, is
to apply for payment unable to do so as the appellant construction that
com-
amatier
SECOND POINT "The mecond point way dealt with at length by the learned Chief Justice in the portion of his judgment quoted above,
of milled, not that it was not open
clear in-
the letter from Mr E upon
is in fact a to the Chief Justice to take the in terms of the judgment and refused the necessary endorse correct view ot the effect of view he did of the evidence as nol to execute against the ment on the Bills of Lading at contract,
to the law of the United States, some date
to January prior shipping company for 3 days.
"'I aun of opinion, however, but that in all the circumstances being
done so 1951. On action The judgment read in part:
that reading as a whole the con- he should not have Godown Company tract as evidenced by the bills "The Mount Davis, which arrived menced the
Counsel relled particularly cargo being
hands by of lading, it shows a
tention to fix and Hmit The and the telegram from Mr Dean Hability of the shipowner after Acheson as being indications of be construed. From ought to specifie provisions,
Mr Arnold's letter, it is to ba CONTRACT VOYAGE
inferred
that the U.S. Treasury "The next argument for the
construe the
us pro of the cargo.
to the order of "Banque Belge appealed arse of the judgment/custody has been parted with, by how the orders and regulations
godown
Lid.
was
Before the Mount Davis ar
rived in Hongkong and during construcly as possible."
the period when the cargo was in transit, two orders were made
03
as one of
and, from
that
the
The corro
the dates munications
by the Defenes Production Act appellants had done no more Government of France to de question of construction,
under the provisions
Foreign Assets Contro 5 of the Bills
tions, were issued by the
"ren-
Was
approach the problem in
re
that
in Hongkong on December 17, interpleaded, the
in their ship documented under anchored a the laws of the United States Court order meanwhile of America,
CONFISCATORY The cargo was
"In the three bills of lading covered
by
the Chief Justice from, pour L'Etranger (E.O.) SA first considered the submissions and "nolity Chine
Mutual that the orders and regulations Trading Co. Ltd., Hong Kong" relied upon were penal, political appellants was based on Port They were all endorsed by that and confiscatory and us such graph of the bills on lading:hibiting delivery
argument was
is to the 'samo bank to the respondent, who is should not be enforced by the Counsel's
the
the lastruc The telegram admitted to have been at all Courts of Hongkong. He came to Por U
effect, and also contains the in of the United States relevant times the owner of the to the conclusion that they were
ates formation that the Derartment cargo. All freight
in Government or its officers not of cargo.
neither penal, nor political in Gov pre-
of Commerce is of opinion that of Comme T-2 also has paid.
that any relevant sense, but he was to deliver the goods but to de-
"s effect.
the order
The cargo
was discharged of the opinion, based on the tain them; that Paragraph
of these two com from the "Mount Davis into a evidence and documents before entitled it to obey these instruc-
in the godown on W & Godown Co. He did not, lowever, make that respondent it was submitted that of the Hongkong & him, that they were confiscatory, toss without liability. For that
of course to be regarded with the basis of his decision bui held this paragraph was related ex- Hongkong. These opinions are
are not really respect but are that his proper course was to clusively to the question of war
risk insurance.
be as it the legislation
levant as
must
pointed out that, the clause that the "I consider
question In Issue must
with refer what the United States law on be construed the argument on appeal, ence to the contract voyage, and
the paint must be deemed to be by the Under Secretary for Counsel for the appellant put if white the ship was en route
States his
and only the Courts of case frally Transportation, United
Sun Francisco to Hong-
can country ur-restraint of princes"
authoritatively Department of Commerce, pur-
what the law is on this suant to an authority granted secondly,
as one in which the kong the master received a count
So far message from, for example,
45 the evidence before thle of 1050; during the same period than they were entitled to vlate, he could not justify com- Court is concerned, there has certain Regulations,
of pliance with those instructions been no case in which
they have of under Paragraph 5. Similarly 1 Lading.
think that the paragraph must been called upon to express an
opinion, but
but (in the absence, of tary of the United States
"I think there is no doubt that he construed as being limited evidence to the contrary) It sury pursuant to various au- had the master of the "Mount
the actual.voyage and not so
to be assumed that they would thorities. The first order called Davis" been notified of the to apply after the goods are
the Transportation Order T-1 came orders and regulations during discharged at their final destina-
same into effect on December 4, 10 and be thereupon refrained from of the paragraph
way as would British the course of the voyage, and ; tion. in my view, the design courts .e. they would ascertain the next, called Transportation
is to excuse
the intention of the orders and Order T-2, on December 10, calling at Hongkong and return-the ship owner for following
I regulations, and they found 1050, and the F.A.C. Re
Regula- ed the cargo Lo the United directions which prevent that
no ambiguity in the wording, tions, on December 17, 1950. States, the appellant could then arrival and discharge.
they would not need to go out- The Judgment quoted these have relied upon the restraint of THREE ANSWERS side for that purpose. orders which forbade American princes clause. Capes show
On that basis, I agree with "There remains to be con- ships from transporting and dis- that it is not essential that the sidered one further question the construction adopted by the charging certain goods to Hong- physical force of the state The proper law of the contract learned Chief Justice in his kong or Macao without a licence should be actually present; it is evidenced by the bills of lading judgment and for the reasons or any goods at all which were sufficient if the State concerned belleved to be destined for cap enforce the restraint by that of the United States. The he gave.
FAC REGULATIONS Communist China.
relevent principle of law was Penalties penalties against the persons neted
In Kahler v.
Midland "As to the F.A.C. Regulations, for breach were provided. having the custody of the sub-act
upon in
have one It then continued in part:
or two additions) Ject matter,
its subjects Bank Lid. 1950 A. C..24, and is otherwise that "the courts of this country
observations to make. It is to WITHIN CATEGORIES or CAPT'S INTENTION
will not compel the performance be noted that they deal mainly, CIA bo noted here that it
Burton-
In the present
not excluslycly, with Mr Dennis then stated that he
appears to have been conceded the in that position of a contract if by its proper had been instructext by Captain
securities and other financial ilicgal." at the trial that the cargo fell is the appellant
ant Company in law performance
matters, Section 500.203, which Jones to say that he had de- Chi-kam, who pleader, not within the categories of articles the United States (at least dur (Lord Simonds' opinion at finitely Intended, in his evidence, guilty to two charges of robbery specified in the T-1 Order, As ing
of the cargo).
The performance illegal is not of of property in violation of the deficiency of the ship's naviga- | same property.
1302.2 of T-2, Mr P. M. Cotton master of the vessel would not such a nature that it should be chapter, excludes chattels from by defining the tional culm
equipment.
gave his reasons for belleving appear to be concerned with the disregarded by our Courts. The its operation Our marvelous new collection of
Referring to a statement Cap-appeared before the Judge for that the cargo was destined for dejlvery; the matter of discharge same case shows that if under term "property, so as to exclude SWIMBUITB and PLAYCLOTHES # tain Jones had made yesterday their pleas to be taken.
Communist China.
No specific was over and done with and it the proper law of a contract them, though they are included INCOMPARABLY BEAUTIFUL and
when he said that the MSTS Wong Hong, Ho Kwon-ying finding of fact on this point was is to be noted that penalties are OUT-OF-ORDINARY - the
that la also a good of the Chapter. vary
"This definition is of course with- garments worn by top society sea
On the defence in an action in detinue aut mitation and relates to securi- to private ships, Mr Low asked
to a change of
Justice in his judgment, the lon of the orders etc. On the lovers to day
murder. frequenting Miami the Captain
ratio decedendi
Lies. 11-does not go so far DR. 10 do by the true owner. whether he had the beaches. Come to day and choose gone for
of which related assumption that the latter pleaded not gulity the construction of the orders cover actual delivery the information In to charges of robbery with. to
(and
"Three answers to this aspect embrace a security, belonging to a
designated national, logued by yours at Mode Elite.
person.
aggravation, wounding with and regulations above quoted. am not to be taken as being of of the argument may be suggest source outside the United States. Captain Jones replied that he intent to murder, and robbery It is
be expe
the United and the certificate whereof is beld however, that opinion), the appellant ed. Firstly, that expected, had not, but had asked the with violenCE.
that had he been of opinion that All
the United States States law applied only to the by United States citizen outside Company in
To the United States. Thai, translated reasonable ground for such a is to be penalised if it does not contract of corrlage and that aste terms of goods, is the position
Jis belief had not been shown, it prevent Hongkong branch such the contract was completed. here, and I think that the defint- would have
been so stated, and from delivering the cargo. The Secondly, that delivery was not tion provides an indication of the from the notes of evidence, I question is whether this is In fact prohibited by United paste der erally regulations which supports generally the construction States legislation. Thirdly, that given by the Chief Justice to the be selected by you at Wolmer came from Japanese
would myself have said that Mr restraint of princes, Which ports did she GENUINE 20% CASH DISCOUNT, | porta.
Cotton's evidence on this point,
PARTED WITH CUSTODY It delivery were in fact illegal, phrase in question.
hould mendonsel for Anally "Counsel for the respondent the legislation making it so was submission of being uncontradicted, was suf which also applies to all "BETTER come from?" asked Mr Low.
A Time. Signal and Programme HANDBAG8" featured by MODE Captain Jones said that they
ficient.
suggested that upon the proper confiscatory and not therefore to appellant that If the performance of Summary: 8.03. Chlidren's Half Hour had sailed from Kobe, Osaka presented by Sally Ann (Studio);
"The only
other documents construction of the Carriage of be enforced by this Court. The one part of the contract was render- 0.30, Come Into the Parlour Muse and Yokohama.
which it necessary to quote Goods by Sea Act, 1930, the
the ed llegal by legislation, dif. the v Chief Justice Learned
In the
M|| discharge of the cargo, the intention Referring to the marking of and songs from Northm Ireland
are a letter dated February 13, restraint of princes clause etme judgment
appealed
from found must be to roader llegal, all that (BBCTS): 7. Star Performer-James the ship's course from informa- Melton in "gons of the Prairie";
upon discharge of for the respondents on each of would normally follow. It is 1951. from Mr Elting Amold, to an end tion given by Captain Dung of 7.15. Talking about Hongkong by De Acting Director of Foreign As- the
thority was produced for or against but Scellon 7 of not make the last of them a] it." "I think, however, that li re- the Empire Wallace, Captain S, G. Davis and Rev. Father T. Tsets Control, U.S. Treasury De- ordinary way in the those questions, though he didntrato agument though, no au- Jones said that he had marked Ryan (Recorded); 7.50. Songs from
provides that partment, to the American Pre- the Act
the basis of his decision, and contra quem of conduction the Bhows-with Evelyn Lays. Ere it in red ink because he expect | Becke, Jack Cooper, John Hanson.
Washington, and a parties may sident Lines,
contract for
il the framers of the orders had -the | sidered the second in relation to wished to include delivery, they ed to be on the
and hi Concert
telegram of March 16, 1952 period before leading and after the restraint of princes argu- could exply Have paid so. The con- Orch. Presented by John Watt months.
strucion contended for would have from Mr Dean Acheson, Secre- discharge, and, as I read Pars. ment Mr Low then asked whether o. Time Signal, World News and
that
the effect of embracing
CATEG "I think that the correct view which had been discharged before Captain Jones thought the News Talk (London Relay); 15.
Consulate General, Hongkong right has here been taken ad- is that the appellant's hand was the order came into orfect Prde ship's draught of 17 feet aft Georges Tripine and his falon The letters advised that the vantage of. The provisions of still on the cargo so long as the videt i had not actually been, Ge and nine feet for'ard was satis Orchestra: 8.30, Under the Red Hobe APL were prohibited under the the Act pro to
ilvered, After of the ordera by Stanley J. Weyman. Part 8: "TIO
apply as long
ong latter was held
to its order by with their headings and text, I am factory.
ArreriTM (BBCTS) 9, Music Lovers regulations-from delivery.
as the goods are in the custody the Godown
and unable to accept that they shów sty company The judgment went on: When of the carrier. Certainly when therefore the obligation upon wistaver subsequent in Aransport Captain Jones replied that for Hour Classical Requests presented
Intention to deal with anything a ship of that type it was satis by Curtis indon (Budio): 19, ban the cargo was discharged from the appellant handed the the
10 and the Bo3-Agriculiziral Policy by
make delivery and discharge. appellant
"I am therefore 103 factory.
the Mount Davis, the master and cargo to the Godown Company, remained Bir James Tumer · (BBCTB); 10.15.
that is so the the opinion that the appellante Kro STEERED WELL
the appellant's Hongkong office to be placed in the warehouses obligation arose from the con-orders or the regulations, and that
unable to rely Boulevard Cale: 10.30.
upen" either tha Mr Low: Did sho atcer well? found About Fred Waring, and his | were presumably unaware of of the latter, it parted
with tract
between the parties the judgment appealed from insulat Captain Janes: Yes.
Pennsylvania; 10.50, Weather Report: the issuing of the orders and custody in the ordinary sense, evidenced by the bills of lading, be upheld, 31 la unnecessary for me 11. Radio News Reel (London Regarding o
Relay) 115, Goodnight Music: God regulations above mentioned, or though it might argued that and on that basis the Court was to express any opinion on the mid by the Captain yesterday that Bave The Quin: 11:40, Close Down, at least of their applicability' to it retained someasure of not referred
possibly confiscatory to any authority nature of the legislation in question.
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Footwear Witchery.
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Charged swith him was Tau
"IL
though 18
to convey the Impression of the with aggravation, involving the to the requirements of Section such time as it retained the provided that the law rendering renders null and vold transfors
Several other Chinese males
would not give any information and Chan Suí, pleaded nol made by the learned Chief provided only for “wilful" viola- illegal under the contract is for the purposes of other parts
were re-
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Printed and published by WILLIAM ALICK GRINHAM for and on behalf of South China Morning Past Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong,
statement made
(BBCTS): 150, Weather Report: tary of State to the American 1 of the bills of
of lading,
1
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