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Solicitors' Conduct Unjustifiable Says Judge

Messrs Hastings and Company, solicitors for 14 plaintiffs in an action before the Supreme Court were ordered this morning by the Senior Puisne Judge, Mr Justice C. W. Reece, to pay the costs to the defendants in- curred and thrown away by the ad- journment of the case last Thursday. "The adjournment has been "Mr Cheung informed me Becerilated Ir. my

opinion that Mr Ying of Messro Hastings entirely ly the unjustifiable had asked

to ask the conduct ot Merses Hastings Court for leave to withdraw and Company," Hig Lordship and when I asked what was the sold.

for taking reason

leave to The first plaintiff was So withdraw at this Jale hour Mr Ping-wah, merchant, trading Cheung stated that Me Ying under the style or firm name had Informed him that the been unable 10 fees or Messra End Co.'s costs and

13

of Took Hing Cheong firm, plaintiffs had rlee and oil dealers. The other pay counsel's

hawkers, lustings plaintiffs were ninah, housewife, a police had not in fact dene so. man, a tailor, a shop foli, and

a crew member of a ship.

First defendant

was

Mr

Cheung added that the plain- tiffa had only tuld Mcssr the Hastings and Co. that they were

CHINA MAIL

RUSSIAN

10 Hours Water Supply From Saturday

The Colany will go back to 10-hour dally water supply frorm Saturday morning.

Announcing today, the Director of Public Works, the Hon. A. ingtla sald re- pairs to the Tai Lam Chung water tunnel have gone ac. cording to plan and Water- works engineers will start ra-charging the funnels to- day.

"We will have to fit the tunnels carefully to avald furbulances and atr.locks. Thereafter, WE will start filtering and

We wil

ba back to 鼎 morning and evening supply from Baturday," . Mr ingite added.

to 10 arti, distribution

Morning supply will be from 0.30 am and evening will be from 9.30 p.m.

4 p.m. to

Director of Public Works, and unable to do so the day before Įments and he finally said that the second defendant won Yesterday, le. May 6, 1958.

Shing-yip. merchant, of 52 Wing Lok Street,

Mr Stewart Collier, Crown Counsel, appeared for the Director of Publle Works, and second defendant was represent ed by Mr Oswald Cheung, in- structed by Mr 1. R. A. Muc- Collum.

Mr Brook Bernacchi appeared or instructions of Mr J. C. B. Slack for Messra Hastings and Co., sollettors for the plaintiffs.

Claim

"On being told through the Interpreter that the solicitur had said their fees were not paid the plaintifs repiled, "That is quite correct.'

the man who informed them of the intention to ask for the ad- Journment wus Mr K. C. Chan, the man who I have sold come forward and spoke to Mr Ying sitting at counsel's table.

Unjustified

Established 1845

THURSDAY, MAY 15, 1958.

SHEAFFER'S

ADMIRAL SNORKEL PEN

BRITAIN

SIDE GLANCES

WARNING TO Renewal Of N-Tests In Pacific

Moscow, May 14, Russia has warned Britain of the "possible consequences of such a dangerous stop" in renewing nuclear tests, the official Soviet news agency Tass report. ed tonight.

FOREIGN

AID BILL PASSED

The agency cald that a noto was sent to the British Govern- men! May 12 following the recent British hydrogen-bomb explosion irj the Christmas Island area,

The note said that by renew- Ing tests of nuclear weapons at

a time when the Soviet Govern- ment had

tests stopped such "the British Government taking apan self a heavy responsibility for the possible consequences of ruch a danger- aug step."

Cannot Agree

Washington, May 14, The House inday passed a $3,603,000,000 foreign aid

"The practice of the British bill that would authorise

Government of orbitrarily $100,000,000 for Latin setting up a large danger zone America despite attacks in the central part of the on Vice-President Richard Pacific Ocean, sftuated across Nixon by "rude brats"ternational sea and air lanes, is in direct contradiction to the and "political juvenile de-rine ples of the international linquents."

law regarding the freedom of

also

do-

Mr Cheung than intervened to ery in they had paid the ecsta to cale, but not the costs of the trial. The plaintifs had

"On hearing Mr Cheung make been ready to pay counsel's fees to Messrs Hastings and Co. Just this statement it became very

The roll call vote was 269 to open seas," the note sald, before the previous date of hear-

clear to me that the two stories Ing. e. the February 24, 1950, which he had been requested to 134 for the bill.

"The Soviet Government but the plaintiffs said that they present to the Court--and which House meribers

cunnot agree with such acts of. hud 'borrowed the money and as came from the mouth of this nounced the Javish

the British Government, which It was not required immediately Mr K. C. Chan-as the reasons

showered on Hollywood beauties

has established a large danger because of the adjournment they why the solleitors wanted to

by Rafael Trujillo Jr, s013 uf

zone in the open sea (the plaintiffs)

in the asked if they withdraw

the head of the Dominican Re- were completely un-

Christmas Island area for con- could pay just before this trial trúc Được that an attempt was publie. But they decided such The plaintiffs as tenants and to

cucting nuclear weapon testa. avoid having to pay high being made 4 deceive the incidents should not be allowed sub-tenants of No.52 Reelama-terest in

"The the meantime and Court. The application to with- to kill the mutual security pro-

Soviet Government tion Street, claimed a declara-

once merc addresses to the Messrs Hastings und Co. agreed, draw was in my opinion quite | Cymme. tion that on September 19, 1957, Mr Cheung went on to say that unjustled in the circumstances Passage of the bill, which Government of Great Britain the first Jefendant Was no Messrs Hastings had made up and impressed me as being a how goes to the Senate, repre- an urgent appeal to reconsider longer empowered 10 issue л their minds the day before

clear case of leaving the un- sented a victory for Presidents altitude and 10 cease the re-bullding certificate under the yesterday, (the May 6) to with- Jortunate plaintiffs in the furch Eksenhower, who had fought

conducting of atomio

and provision of section 3-A (now draw when they were told there at the last possible minule be- vigorously against

hydrogen any cuts.| 10%

weapon testa, and repealed) of the Landlord and would be no fees. Mr Cheung

causi the counsel briefed had The measure would

thus make, on lls side, ប authorise Tenant Ordinance. Cap. 256, ki further said that the paintiffs had

military and economie ald for practical alep towards the respect of the premises, and ma bren asked since the previous

cassation of the race in the field order that he shall withdraw date of hearing to pay the lees

of atomic armament and the the certificate,

and were given dellnlie notice fortnight..ago.

vold

ап order

Very Obvious

....

"On this statement made by

as 0

sven Át to Leave the Colony, Mr K, C Chan had caused Mr Cheung to put forward reuson something which no one know better than Mr Chan was an utter lle. Unfortunately Mr Ying was completely ignorant of anything relating to the con- duct of the action and had to be told everything by Mr Chan.

10

more than 60 nations.

BIPARTISAN BLOC

Received

By Galbraith

TM, MÁ ÚR HON

₺ 1948 by NEZ Bevica, Ira

"I invited Jack to eat here, Mom, while his mother is on a three-wook diot-ho eats six times a day!"

LIBEL SUIT SETTLED IN CHAMBERS

Four separate actions brought by a Chinese girl for $5,000 damages for alleged libèl against four Chinese newspapers were settled before District Judge K. R. Macfce in Chambers this morning.

The girl, Chan Bo-ling, sued through her mother, Mrs Chon Fung-yee, of 3 St Joseph's Terrice, ground floor.

The defendants were the New

was in

LETTERS TO

THE EDITOR

Refugees

To The Editor, China Mail.

I rend with interest the article

DRIVING: CASE

CHURCH

FOUND GUILTY

Captain L. C. Church, a 62- year-old muster mariner, was found guilty of driv ing under the Influence of drink in a reserved judg ment delivered by Me P. F. X. Leonard at the Kowloon Magistracy this morning.

The seafarer

was fined $400 and was disqualifled from driv- ing for 12 months,

The action against Church was instituted following

orcident which Bccurred

traffic

110

March 12 when his car collided with

a vehicle driven by Afr John William Kirk in Wylie

Road near Waterloo Road,

ed

The defenda: t was represent- by Mr J. C. Stewart of and Co. Church had

Slewarl

denled the allegation.

The Crown's

case was con-

ducted by Inspector J. P. Wh for.. of the

Omer.

Kowloon Traffic

DE GAULLE

TO STATE POSITION

By JEAN ALLARY

Parls, May 15. Former Free French leader General Charles De Gaulle will make known to- morrow his position re- garding a possible return to power.

The General will say that he to the

is prepared to respond

sary.

all of his country if his preses.co Is considered neces-.

De Gaulle bos always been considered as the only man capable of re-establishing the unity of the country in the

grave etreumstances,

Despite the frequency of Cabinet crises and the general realisation of the imperfections of the present regime, the French chief of state has never called

on him. The members of Parliament, divided on parison questions, have always been unafilmous in preventing a return of De Gaulle. DIFFERENT

Today tho problem. 19 different. The present division in your newspaper written by Ja not between parties, but "Staff Correspondent" on the

proposal of three members of between metropolitan France the Conservative Bow Group and Algeria. What would be would bo that 1980 should be declared asked of De Gaulle

to find A solution to the a World Refugee Year.

only Algerian problem, the condition of a re-establishmen! of legal order.

I think this proposal deserves the maximum

support of the Hongkong

pubile, especially since we have here in our midst

prevention of a threal of atomle Life Evening Post, Ltd, proprie They further claimed an. In-

war, the nole said. Junction against the Second

(Russia announced on March tors and publishers of the New defendant 115 landlord and

A bipartisan bloc led by the 31, that she was suspendlag her Life Evening Post, Henry Chang, Crown lessee of the premises to

speaker, Sam Rayburn

(De-nuclear tests and culled on Brieditor, the Shen Kee Press Lud, restrain him from acting on any

mocrat, Texas) and the House tain and the United States to do printers; Но Fan, proprietor. such certificate issued by the Mr Cheung on behalf of Mr

Republican

leader, Josepli the sume.

publisher and editor of the Chiu Arst defendant and a declara- | Ying of the irm of solicitors

Marti, beat down all attempts (She said that if the Western Yin Po, the New Asla Printing tion that the premises are con- conducting the action

"In the circumstances which to trim the bill approved by Powers continued tests for the

Russia Co., printers; the Industrial and trolled under the Landlord and plaintiffs, was very obvious I have set out above it would the House Foreign Affairs would be forced to act in fature Commercial Dally Press Ltd, Tennm Ordinuner, Cap. 255, und that the Court Was not being have been taking

un Committee. In

The Committee on the question of nuclear lests proprietors, publishers and a further injunction to restrain told the truth for two very Just advantage of the plot had cut $338 million from the by taking into consideration the printers of the Kung Sheung the second defendant from pro-different

stories bnd been s

require thum to President's request.

interests of its own security.")

Evening News, Li Kwan-ho, gerding in the manner prescribed relayed to the Courl. It was continue the action in person,

The bill merely

editor: Yang Siu-feng, proprie by section 3-E (now repealed) patifully obvious that Mr Ying, In fact by the very nature of

authorises

tor of the New Evening Post, of the Ordinance.

The sallefter in Court, knew the action it would have been the funds and now efforts to

Wen Yum-sin, pubilsher, Lo Fu Alternatively the plaintiff's nothing about the conduct of Impossible tor them, deserted Slash the aid programme will

editor, and the You Lee Printing claimed against both defendants the suit, for everything which as they were by both counsel be made when Congress con-

A Foreign Office spokesman Co., Ltd, printers. that the certificate was null and Mr Cheung relayed to the and solicitors, to whom they had siders a measure to put up the tonight confirmed that a

The alleged Übel note for its Court had been, told to him by paid $1,700 as the Court was actual cash,

had been received from Rusala respect of articles appearing in destruction.

a man who came forward trom infurmed by Mr Cheung who

Representative Donald Jack-nuclear lests,-Reuter.

on. the subject of Britain's the New Life Evening Pool, the th world's In a judgment, His Lordship the well of the Court and spoke sald he had been so informed

Kung Sheung Evening News sale

{Democrat, by Mr Ying.

California) to Mr Ying. The Court was

urged the House not to slosh subsequently informed that this

"Mr Chan had misinformed Mr ald for South American coun- for mun

was named K. C. Chan

tries despite the "unconscionable Cheung, and deliberately so and that he was an interpreter mistuformed him, when he had attacks" on Mr Nixon. He dem in Messrs Hastings BIL Co. toki

theclared that the vast majority of Cheung that office who had handled the plaintiffs had not pald the fees South Americans

were well case from the beginning.

and that they had been notitled behaved, "At this stage asked the fortnight

"A the

whe plaintiffs it they were prepared solicitors would not continue to should be spanked are to continue the action and Laifact for them. I am of thepletely and totally unimportant Hin (the 5th plaintiff) speaking opinion that there

in the assessment of our overall was no for all the plaintiffs said that it justiñeation for question of costs

solicitors future relations with our neigh- was their unanimous desire to refusing to continue to ucl for bours to the South," said Mr continue the action, but as they the plamilfs and for applying Jackson. were not legally represented hef for leave to withdraw. I granted would ask for an adjournment) leave to withdraw because I was to apply to the Registrar to be sailshed that the plaintiffs'

treated as paupers.

"On May 8, 1958 when, as a result of an application leavo to withdraw from the nelion made by Mr Cheung, cauwel for the second ds- tendau, Ya. Shing-yip, on. Le- half of the solleltors for the plain.iffe, I fuarled an adjourn- ment to enable the plaintifs to obtain the services of solclors to represent them, reserved the

for further consideration.

Thrown Away

other

I

Mr

interests

ado

the

would no

"I have now given further consideration to this matter and

and Director of Public Works," said Hastings and representing the plaintiffs

Chut

sun

fow

Tude brots

ALLOWANCE

com-

Famous Pianist

Arrives

Moiseiwitsch, the world famous pianist, is to give

this

our territory,

largest refugec

and the New Evening Post on problem considering the size of December 21 last year, and in the Chiu, Yin Po on December

22.

with

REPUTATION

and

re-contribution

Two years

ago, De Gaulle had all the conditions necessary

In

to succeed prise. His

Today things have changed. And the chances of De Gaulle'a Fuccess, in this field, are less certain.

The fact

such an enter relations with the were good. King of Morocco The United Kingdom Govern- The Tunisians had confidence in ment's attitude towards the him. He could count on their old in satisfying the Algerian Hongkong refugee problem has

while associaling been one of marked lethargy nationalists, The plaintiff's case was that and Indifference, 1 has so far

them in a Franco-North African the articles had injured Chan not made any substantial direct

group, Bo-ling's character

to the Hongkong Government, nor has it yet even putation,

Mr D. A. L. Wright, instruct-made an offer of a contribution ed by Mr A. Arculli, repre-to the Special Account which sented the plainti

In addition, up to the present, has been opened by lhd Offec Mr Brook Bernacchi appeared of the High Commissioner for ball the right-wing and the left- wing agreed that De Gaulle was for the defendants connectes Refugees for assistance to these

"above" parties, and that his Post, the New Evening Post

the New Life Evening refugees.

Perhaps we ourselves are sense of statesmanship made him longer be The only actual attempt to

a recital in Hongkong. and the Chiu Yin Po, on in-partly to blame, since our own possible lender. have decided that the solicitors "Mr Collier, representing the best served by living Messrs take away money for Latin

The concert will be held siructions of Mr J. C. B. Slack Government in Hongkong seems that General Jacques Massu, Co. continuing to

(of Hastings Ainerien was directed against

at the Loke Yew Hall of P. C. Woo, and of Mr V, Y, F. timid in approaching the United Public Safety

and Co.), of Mr to be even more passive and President of the Committee of of Algeria, has to whom I wanted leave to he could not in all fairness ob- acl for them.

the Dominican Republic. Ro- the Hongkong University, Lam (or Ford, Kwan and Co.). Kingdom withdraw from the action, mustJest to the adjournmont, but he

Government for

asked De Gaulle directly to tako pay to the defendants all costo { raised the question of costs.

"The adjournment has been presentative Wayne Morse (De-

on May 21.

Mr F. H. B. Wong, of C. Y. direct contribution.

power, makes any move on De incurred and which are thrown

necessitated in my "Mr Cheung representing the entirely by

opinion Herat, Ohio) wanted to knock

Kwan and Co., represented the

Gaulle's part in this direction Molseiwitsch arrived the unjusulible put the entire $600,000 for that away by the adjournmont,

here Kung Sheung Evening News.

I sincerely hope tha, both the more difficult. 2nd defendent, Yu Shing-yip. conduct of Messra Hastings and country but was defeated 79 to by JAL from Tokyo This netion was by an order sald in like

Hongkong Government and the manner that he Co. and they must

LESS SERIOUS. Government .cated January 6. 1958, ordered would not oppose the adjourn-pay the costs of the day which

ofter having

United Kingdom personally 32.

morning

toured Mr Haya said young Trujillo the United States,

will adopt a more positive op- to be tried on February 24, 25ment, and he informed

The General would run the the have been meurred and will be received a monthly allowance He

proach with last came to Hongkong

regard to 1958. Notice of trial Court, that last week his and 20,

our risk of seeming to be in agree- lient thrown away by the

Adjourn of $50,000 from its father 25 years ago and this was served on January 0, 1958, was asked by Mesara Hastings ment.

is his

refugee problem, so that we can ment with the ultra-nationalists which over 12 months would fourth visit 10

expect some concrete and effce of Algeria, of being "Masau's the Far East equal the amount provided for though his recital on

Live statements to be made by man. Under these conditions, May 24 the ald bill, will be the first time he will

the British Government's repre- the anti-Fascist forces play in the Colony,

sentative of the next meeting His Excellency the Governor, of the UNREF Executive Com- against him,

which are powerful-would be The British-naturalised Rus-Sir Robert Black, this morningmittee which will be held com-

and his role of sion, who has made his home in paid a routine visit to the Marine ing June 2-8 in Geneva.

arblirator and unifier would be London, will be here for 10 Department at Connaught Road.

compromised. He does not days during which, he may also

want this to happen. During the one-hour viall His broadcast over Radio Excellency inspected various de

This danger would be less periments in the building in-

porious if General De Gaulle did - He will next to the parties that the action deprive him of possession of the

travel to cluding the Marine Court, the

not return to power, fimmediate- would be tried before mo

further period.

Singapore, Kuala Lumpur and Marine Licensing Office, and the on premises for

ly that is, if the appeal of Thursday, May 8, 1938, at 0.15 Mr Cheung added that his

General Massu, were more or Two men were injured, one Colombo, giving recitals at each Clearance Omec. o'clock in the furonson.

client indicated that he would

less forgotten, and if De Gaullo "When the action camo on not agree to an adjournment.

returned at the request of viher of the Rules of the Supremu riding crusted for trint there was no counsel (All this, Mr Cheung further Court, 1883, and apply for a Bay load shortly,

in Clearwater After spending three weeks

elements of the population. It present to represent the plain-sald, occurred in Mr Hampton's order to the effect that they today. The accident occurred United States agala for another after am. In London, he will go to tho

Boems that it in this direction His Highness, Maharajah that things will evolva-France- tifts, but Mr Ying of Messrs room at the offees of Messrs have with

Keith Andes, the Universal Dhiraja Yadavindra Singh of Pre550. Hasthus and Co., colicitors for Hastings and Co. while he and Court ceased to be the solicitors vehicle burst as it was near the

the leave of the when

the front tyre of the 21-day concert (CAT.

International fim, star, arrived Patiala, President of the Indian the plaintiffs, was in Couri and his Instructing solicitor wora

The planist was cocompented here this morning by PAL from Olymple Federation and founder sented at counsel's table.

acting for the plaintiffs. On west gate of the airport, ngrecing bundle of docu-allure to take this step Menara

4

by Mis Janet Strock, bir Manila with his wife for of the Astori Games, passed Brigadier Morris, Director Hastings and Co. will continue Lok Him, 35,

The seriously injured man, manager, The two were met wock's holiday. He has just through hero iiis morning of Ordnance Berylee, Far East to be considered the solleltors Chuk Yuca Villago resettlement Odall

resident of the at the airport by Me Harry completed malding a pleture his way to the Third Asian Land.” Fotvén, arrived

who will

named of the plaintiff's to the final area, was taken

present the the Philippines,

the Gamen in Tokyu The Maharajah Singapore in the British troop- to the Kow-planist to local music lovers at "Blackburn Guerillos" in which was explain of the Indien Toet ship Nevara this morning for a conclusion of the action."

| 100% Hospital and deliined, the concert, and the Odell, he co-started with Busan Cabot, | Chicket team in 1920.

} few day's visit.

on

Incumbent

That the Irish would take place and Co. through his solicitors February 24, 1958 and on Friday, May 2, if he would that February 25 and 20, 1958 consent to an adjournment on were also reserved. On Feb- the grounds that Mr Lawrence ruary 22. 1950, by consent Leong Was away from the "I must point out that theru the trial was adjourned by Colony.. Mr Cheung said that Gregg J. In Chambers to n dale fils ellent replied that the dates to be fixed in May by the Clerk had been fixed for the con- the Court, Ол Marchvenience of Mr Leong and that

of

11, 1988, notice of trial was sent any adjournment would be to

Printed and published by P PLUMILY for and on behalf of South China Morning Post Limited at 1-3 Wyndham Sizeot, City of Victoria' in the Colony of Hongkong.

is no provision under the Code.

of Civil Procedure for a solici-

lar once on the record to wilt-

draw and so it seems to me to

his country In United Press,

Scooter Crash

be incumbent that, notwith- standing my granting leave to the Messrs Hastings and Co. to withdraw, they must comply seriously,

Five

Hongkong

with the provisions of 0.4 1.7 Scooter on which they werp England.

when tho motor stopover before returning to

HE Inspects Marine Dept

Film Star

HILTON CHEONG-LEEN,

Maharaja Of Patiala

on

from

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