Summit
Zephyr
SHIRTS
$8.50
with 2 Collars.
Less 10%
discount for Cash.
A definite but delicate note of colour-a finely woven fabric-an air of distinction modestly expressed-it is for these things that Summit Zephyr Shirts are approved by men whose judgment in these matters is unquestioned. And these Shirts, each com- plete with one stiff and one soft twin tab Collar, represent unusually good value."
Mackintosh
MEN'S WEAR SPECIALISTS ALEXANDRA BUILDING.
The
& Calid
DES VOEUX ROAD
Ruling
Preference
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TheScotch Whisky of Good Taste"
SOLE AGENTS:
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GANDE, PRICE & CO., LTD.
SHIPBUILDERS, SHIP REPAIRERS. BOILER MÅKERS, FORGE MASTERS,
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HỒNG KONG.
THE TAIKOO DOCKYARD & ENGINEERING COMPANY
OF HONGKONG, LIMITED.
-DRY DOCKS. ---- Length: 787 Feat. Length on Blocks 750 Feet-
Depth on Centre-of-
Si (H.W.0.5.T.) 84 IL 6 s.
THREE SLIPWAYS-
Capable of: Handling Ship! Up to
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BUTTERFIELD & SWIRE, Agents, HONG KONG, CHINA & JAPAN.
TEL: Addresă:00
ODOCE, HONG. Kong.
TELEPHOKI: No. 214
CALL FRAS: "C" over '“ Åks. PanHANT":
THE HONG KONG DAILY PRESS, TUESDAY, AUGUST 28th, 1928.
A DAIRY DISPUTE.
NOMINAL FINE FOR USING DAIRY FARM BOTTLES.
CHINESE DAIRY HAD NO INTENTION TO DECEIVE."
The Sun Hang Lee Dairy, who were summoned by the Dairy Farm Company on two charges of applying a falas trade descrip- tion to a half pint of their milk by selling it in a D iry Farm bottle; nad, secondly, of being in possession of 35 Dairy Farm bottles at their premises at No. 41, Hollywood Road, were con- victed on the second count and ordered to pay a fine of $28.
The case was resumed before Mr. R. E. Lindsell at the Central Magistracy yesterday afternoon. Mr. R. A., Wideson, of Messrs. Deacons, prosecuted on behalf of the complainants-The Dairy Farm Company, Ltd.
His Worship dismissed the first summons but convicted on the second count and said that he would impose a nominal fine be- cause there was no evidence that the defendants had any intention of deceiving anybody.
i
CINEMA NEWS.
LOVE STORY AT THE QUEEN'S.
ROMANCE LOVE AND TRAGEDY.
CIVIL AVIATION.
IS ENGLAND FALLING BEHIND?
AIR MINISTER'S. « NO."
OF ALL
Love Me and the World is Mine, the third appearance to OUR SAFETY RECORD BEST gether of Norman Kerry and Mary Philbin, comes to the Queen's te-day. It is a romance with many striking SCEECS, brilliantly clad regiments of the Austrian army, a spectacular court pageant, and a July 30th on the vote for Civil delightful sequence in the Prater Aviation. where the lovers are finally united.
In the House of Commons' on
Captain Guest (L-Bristol) in- A Railway Romance,
vited the Air Minister to take them The glamour of railway pioneer-more into his confidence and give ing is shown" in
"Whispering
WE ARE
DEALERS
IN
Smith, at the World at the 5.18 then something to talk about.
period is that when trains were civil aviation in Great Britain in liable to be wrecked and looted by the last three years had decreased gangs of outlaws, and the interest
and 9.9 performance to-day. The The expenditure on military and HAPPINESS
aroused by a dramatic beginning is by nearly 10 per cent, while other maintained throughout the picture countries on the Continent showed by sensational incidents. The rôle
From that date until 1914 the dairy had supplied milk to the Royal Naval Hospital. At present they supplied 179 bottles daily to of Whispering Smith, quiet increase. France had increased the Hong Kong Police Force 97 man of relentless purpose, is her air expenditure by 45 per cent. battles to members of the Military played by H. B. Warner. At the in the same period, Italy by 58 Fores and 402 bottles daily to 2.20 and 7.18 performances, the per cent, and the United States Europeans residing in the Colony. Chinese drama "The Knight of the by 3 per cent. In Germany civil In addition to this they had a Burning Temple," will be shown. retail sale at the shop of over 200 bottles per day. During the summer months their own source of supply was not quite sufficient to meet the daily orders and they were obliged to order more from a man named Ah Sheung.
***Mannequin."..
aviation went on to the extent of 40,000 miles a day, while in Great. Britain the figure, was only 3,000. policy, and urged that side by side He pressed for a more forward with military effort there should be a big development of civil machines. For one thing there should be an increase in the num ber of civilian pilots. The Indian
Ona Stimmons Disinizzed. At the outset of the proceedings yesterday: his Worship gave bis de- cision as to whether the defendants had a case to answer. His-Worship in a written decision said:-
As regards the first summons which charges the defendants under Section 3 (1) d. with applying a Inise trade description to a half
Warner, Baxter, Dolores Costella Mannequin, with Alice Joyce, pint of their own milk by selling it in a Dairy Farm bottle, it is clear
and Zasu Ritts as the leading play that by the provisions of Section
ers, is showing to-day at the Star. 6 3.6.1 (c), 2 and 3 the offence of
The story concerns a young girl such false application is complete During the past two months and who becomes the butt of circum where any container bearing a re-up till August 9th the Sun Hang stances, and finds herself on trial gistered mark is used in a like Lee Dairy had received 1,600 for her life before a judge who in route was only a beginning, and manner without the consent of the bottles of milk from Ah Sheung her own father, on the strength of the question of African mir routes owner of the mark.
Witness added that they were linble, a newspaper article innocently should be tackled in carneat, or Here it is obvious that such con- to pay for any mislaid or broken written by her sweetheart. There the linking up of connections with sent was never given.
bottles the charge on each being are some beautiful and spectacular that continent would be filcbed The defence then can only rely 10 cents. If a customer wanted & scenes, one of which is a gown shop from us. on the words at the end Section 3 battle of milk he would be required of an exclusive store where manne 3.S. 1 unless he proves that he to pay a deposit of 10 cents. Wit-quins display the fashions of the acted without intent to deltaud." ness said that as far as he knew season.
From the case of Staley v. the they never asked anybody to pay Chilworth Gunpowder. Coy. (94 18 cents (as stated by Mrs. Castro) Q:B.D, 80-84 J.P. 438), it is clear as the deposit on any milk bottle that intent to defraud in this con- All Chinese dairies asked for the nection means intent to induce the same deposit of 10 cents. purchaser to take something that ho does not know he is taking (Archbold XXVth Edition p. 1919), or as Mathew J. put it in the course of his judgment in that case "the intent is implied from the de- livery to the customer of something different from what he expected,
etc.
Had then the prosecution. proved no more than that defendanta had sold a bottle of their own milk in & Dairy Farm bottle, the presump- tion of intent to defraud would at once have been established and the onus of disproving that presumption thrown on the defence.
Mr. Wadeson intervened and said that Mrs. Castro had bought the bottle outright for 16 cents and that that payment was not a de- posit
Mr. Lo (to witze): Have you ever asked a customer to buy a bottle outright rather than ask him to pay a deposit -Never
Mr. Lo: How much does it cost you for your own battle 7-14 cents.
Did The Lady Come? Mr. Lo: Do you remember a lady coming to your shop to buy a bottle of milk on August 6th, and have you made enquiries amongst your. fokix if such a lady came!
Witness: I don't know of such
a visit, and furthermore, my fokis do not know of such a sale to any lady.
As it is, however, the evidence of Mrs. Castro goes the whole way way to negativing the said preamp tion of intent on the defendants' part to induce her, their customer,. The Magistrate (to Mr. Lo): to take something other than what Sarely you do not wish to suggest. she was expecting. She was ex- that Mrs. Castro's evidence was un- pecting San Hang Lee milk and true! sbe got it
Therefore I hold that on this summons the defence has no case to answer, and the summons is dis- miased.
Mr. Lo: I am afraid I am faced with a difficult task as so far as my client and his fokie are con- cerned no such visit was ever made. However, I will not try to ex- plain it away but merely let your Worship know that we cannot re- collect "this" visit.
Speaking of subsidies ho said that in Germany they had a big summer programme this year, and
· Bébé Daniels In A New Comedy, the skill with which the service was being handled was remarkable. Bébé Daniels will be the heroine It depended largely, however, on of A Kiss in a Tari," which the enormous subsidy it received comes to the Queen's on Sunday and from the Government. It might Monday next. It is a French farce, be worth while for the Government crisp, lively and rapid in action, to consider whether a small por played by a capable cast. Bébé tion of the money to be used for Daniels appears as a fiery young the relief of industry, might not waitress whose time is mostly taken be allotted to the development of
fold in years to come. A very little money would gg a long way in stimulating the industry and in developing air routes.
EVERY time we sell a Victor Record we brightén a home
` with music. Every time ́a customer purchases an Orthophonic Victrola we know that the joyous tonic of song and melody Is Being spread in another neighbors hood. It's the most plens- anat I part of our businėsi.
Make our itöre your headquarters when you
come downtown. Meel your friends there and enjoy the latest Victor Records together. You're always welcome.
S. Moutrie & Co., Ltd.
HongKong.
ing adventurous journeys even to such distant pistes as Australia" and South Africa.co
up in rejecting suitors. Chester air routes, which most assuredly members had been flying not only Conklin, who also has an important would bring a return of a hundred on these shores but had been mak role to play goes through an entire ly new repertoire of antics. Although essentially amusing in theme, the picture is not devoid of thrills. The scene in which a taxi, driven. at full speed, crashes through, the walls of a café, is an extremely realistic piece of photo graphy.
Losing Ground.
The Air. Ministry had also been trying to develop civil: dying in Captain Garro-Jones (L-Hack-our great cities and to encourage ney) said Great Britain stood men and women to take up this seventh in the development of cam work. The civil aviation policy of mercial aviation in Eu ope. In the Government had been aimed at 1923 British machines carried 70 making civil Blying, self-support- per cent of the passengers landing. In the interests of civil fly- ing in and embarking from Croying It was essential that at some Mr. Lo asked witness if they don. To-day they carried only 57 time or other civil aviation should filled up any kind of bottles, or per cent. Therefore we were losing be free from Government subsidies. containers of any sort. Witness re- our own even on the lucrative con- He quoted figures to show that plied that they did.
centrated services which the Im- British civil aviation had been Why Keep Dairy Farm Bottles? perial Airways had especially making quite definite programs dur- ing the past three years. Taking The Magistrate asked the witness sought to develop,
Under the monopolistic develop the traffic for the last three years why he kept Dairy Farm battles on
the Imperial Airways, the actual tonnage carried by Im- his premises. Witness said that he ment got them from Ah Sheung and it British civil aviation was chara parial Airways, Ltd, had risen In terised by the abandonment of air 68.8 per cent, while the load fac. was his duty to return them. any case they were always put routes, negligible Imperial expan- tor had increased from 0023 per aside and separated from the other sion, no dying-boat services (apart cent. to 66.27 per cent. Costs of from minor services from South- operation in. this country were ampton to the Channel Islands tending to go down at a much Mr. Thomson Recalled..
once a week), no night flying, and quicker rate than the costs of Mr. Thomsen, of the Dairy Farm, failure even in the concentrated operation in foreign countries. was recalled and said that he took lucrative area of London to the Insurance premiums on civil air, notes. of the number of bottles in Continent. That compared very craft were steadily falling. We the shop at the time of the search unfavourably with what was being were getting nearer than any other and would say that there were not done in foreign countries. He ap-country to making civil aviation more than 90 bottles in the shop. pealed to the Air Minister to do an economic proposition, The Dairy Farm bottles were not something at once to ensure that
Bafety Record, found separate but mixed with however swift the development of Our safety record was better. bottles belonging to other dairies.
civil aviation might be in the next than that of any other country. A.S.1 Rajeswky Bays They Were hold a place worthy of her. great flown without serious accident to
few years Great Britain would Three million miles had Separate,
passenger. Our A.S.I. Rozenkwy was also recalled past. (Cheers.)
Colonel Moore-Brabazon (C. any pilot or
machines In both cases it was obvious that to the witness that he was con- there was no intention to deceive tradicting himself. He had just and told his Worship that he found Chatham), while claiming that the those of any other country, and we customers (and indeed in was most said that he always kept 300 on the the Dairy Farm bottles on the British light aeroplane had taken had now, after the experience of improbable that customers would be premises whole on the day of the draining rack apart from the other the lead, urged that civil aviation the last three or four years, obtain
A Case To Answer, As regards the second summons the provisions of Section 3 (9) of the Ordinance seem to include the following absolute prohibitions:-
thou shalt not except with his consent sell thine own goods in &container bearing another man's mark."
This view is abundantly sustained by the decisions in the cases quoted by Mr. Wadeson-Wood r. Burgess (61 LT.R. 593 and 54 J.P. 325) and Stone v. Burnham (103 L.T.B. 377 and 74 J.P. 456).
getting exactly what they expect ed to get, but it was held that it
31
Mr. Lo: As manager of this dairy did you ever use Dairy Farm bottles for the purpose of selling your milk-Never,
Mr. Lo: Did you have any empty bottles of your own on that date Yes, we always have at least 500 bottles on the premises.
Mr. Lo: On the day of the search how many hottles did you have on the premises About 450 to 500.
The Magistrate then painted out
then corrected his number and gave 400 as the possible amount in hand.
COWA
A Mathematic Lesson
2
|
bottles.
would compare
beeri
with
He with Mr. Lo that it would appear that they were aviation. There seemed, he said, intentionally separated from the to be a handicap on civil aviation confidently the feeling that we were other bottles. He could not say, something like the handicap of the high road to make civil aviation self-supporting, and to however, how many bottles were on Protection on the Tory party.free it from the encumbrance of
(Laughter.)
Government subsidies the premises at the time.
Не
tion.
!
matters not one whit that no cus- tomer was or could have been de- Mr. Wadeson: Your bottles are, ceived. This line of defence is no I believe, 8 ounces in weight. You
Mixing The Bolties,
Sir Robert Lynn (C.-Belfast) longer open. As is 'stated in IX. gave us to understand that you sell
With regard to Aying over Halebury p. 568 foot note (p), 1,300 bottles daily. That is about Mr. Wadeson addressing his Wor- urged that a Liverpool to Belfast
under this sub-section an intention 850 pounds in weight. How many ship, said that the defendants had air service once established would Persia to establish a route to 300n become a commercial propósi India, the Government were in to defraud (ie, to deceive) is not cows would you require to obtain not taken reasonable precautions to
communication with the Persian A necessary ingredient" of the that amount of milk 1-About 45 avoid mixing their bottles with the Commander Kenworthy (Lab Government, and he hoped that the offence.
bottles of other dairies. It was Hall) dwelt on the importance of route would be working in schedul." Mr. Lo, however, attempts to dis Mr. Wadeson: Which means that very inconvenient for the Dairy developing the air service to all ed time next April. He hoped tinguish between the facts of this you would have to have 55 cows at Farm who took the greatest pains parts of the Empire, and said that that an All-Red route from Cape case and those of the two already least as some would have milk and to keep their bottles clean. quoted on the ground that there others none 1-We have over 60 would not say that the defendants if we failed in this respect other town to Cairo would be started be was, here no actual sale of one rows on our farm at Tong Law did not keep their own bottles nations would step in and do what fore the end of the present Parlia
we ought to carry out. To carry ment.
He defended the money "which man's goods in another's container, Wab.
elean but he submitted that they out the necessary reforms 淼 but a mere såle of milk and the Mr. Wadeson: Is all the milk were not as clean as at the Dairy thorough change was needed in the was being expended on the airship. provision of a Dairy Farm bottle from that farm brought to No. 41, Form.
personnel of the Air Ministry, programme for long-distance fy- in order to oblige a single customer. Hollywood Road, each day 1--Yes.
ing, and said that this programme "All Done To Oblige A Lady? capecially in the higher branches. Against this view, however, stands Mr. Wadeson: Thomson in his
Mr: Lo also addressed his Wor-
Minister's Reply.
was developing satisfactorily. The two new airships would be ready the finding on defendants' premises evidence said that be found four
Bir Samuel Hoare, Secretary for for dying on the dates he had pre- of no less than 33 other Dairy Farm pails of milk in, two ice chests, ship, and said that the bottle be bottles, 21 of which were obviously What is the capacity of each paillonging to the Dairy Farm was used Air, replying on the debate, said viously sanounced. He hoped that ready for use in the same way that About 35 catties. This is equival merely to oblige the lady. No at that, speaking generally, the Air in the course of a year or two- tempt was made to apply & false Ministry had three main objectives after the trials had taken place Mrs. Castro's bottle was used. ent to about 380 bottles).
Here is clear evidence of a system, Mr. Wadeson: Certainly not trude description to their milk.in mind in regard to civil aviation, scross the Atlantic or to other a system which though not design 1,300 bottles! We had already de- That they and all the other Chinese In the first Bice they were trying places they would have the data ed to deceive nor indeed likely in Livered the bulk of our daily orders.. dairies supplied their milk to any to diffuse over the country à know necessary to organise long-distance customer who came with a con: ledge of air stations and a generál - router between London and the dis- most cases to deceive may obviously
Only 100 Bottles In The Shop?.
tainer of any description showed interest in Aying. Secondly, they tant capitals of the Empire." in certain circumstances have that
Mr. Wadeson The police found that they were ignorant to the exist were trying to make civil air lines effect.
mises. We had more. only 100 empty bottles in your pře. Ordinance.
No Intention To Deceive.
Hence I find that a case has been made out against the defendants' firm on this second charge,
Mr. Wadeson: Where were they They were in the shop-We had full song
ing
economically self-supporting, and An Irish Service, thirdly, they were trying to de With regard to a dying-boat ser- vice to Belfast, Sir Samuel said His Worship said that would relep Imperial air communicht without giving dandite Colony's Oldest-Dairy ?-------
two baskets full and three Akelver convict on the second charge and tions, not in the seas a pledge, he would be glad to look
developing sir lines, but in the Mr. Lo then put his client, the
imposed a fine of $25,
wider sense of using civil aircraft into any proposals with that ob proprietor of the Ban Hang Lee Mr. Wadeson: On August 8th a In answer to Mr. Lo's applica for making lines of intercourse bat irct in view. As auch a serviço Dairy, into the box. Witness said man came to you with Dairy Farm tion for a comment on the finding ter and easier and pleasanter in would benefit Ulster as well as that ten years ago he was a bottles and you filled them with your in view of any civil action as the the remoter parts of the Empire. this country they could reasonably Government servant under Mr own milk. Do you think you have complainants were a large organiza The country as a whole was now expect some assistance from the Franks the Superintendent of a right to do mi-Yes, all the tion his Worship asid that he had much more air minded than it was Government of Northern Ireland. Prisons. He felt that post on the Chinese dairies do it and I did not imposed only a nominal fine because four or five years ngn. The Minis they were now, he thoughting death of his father to take over know what there was against doing there, was no evidence to show that try had created an immense de- to emerge on a period of definite the present dairy. The dairy was so. We have done this for a con- the defendant had any intention mand for light aeroplanes, and the ly greater activity. They had ob started by his forefathers under siderable period and so far no com- to deceive anybody, but that," flying membership of clubs had tained data on which they could another name in 1880. They were, plaint has been mado.
said his Worship, is not the also been greatly increased. The base their plans for definite pro
grele. perbape, the Colony's first dairy.
"essence of the defence."
(Continued on next Column).
(Continued on next Oolumn),