ONE
THIRD
OFF
SUMMER UNDERWEAR THIS WEEK!
AT THE END OF THE SEASON
OURSELVES WE FIND
TOO
HEAVILY STOCKED WITH FOUR MAKES OF OUR
SUMMER UNDERWEAR,
A DISCOUNT OF 33 IS BEING ALLOWED OFF THESE FROM TO-DAY UNTIL SEPT. 7th.
SLEEVELESS VESTS
NO BUTTONS, KNITTED COTTON. INDIA GAUZË VESTS PULLOVER OR BUTTON FRONT
AERTEX, QUALITY 932
THREE STYLES OF VESTS, DRAWERS. SUPERFINE BOMBAX VESTS BUTTONED OR PULLOVER STYLES.
$1.50 $2.00
USUALLY $2.26
USUALLY $3.00
$2.50 $3.50
USUALLY $3.75
CRUALLY $5.
Mackintosh's
ESTABLISHED 1889,
TAK CHEONG
50/2, QUEEN'S ROAD CENTRAL.
Telephone 1317.
The
Neverbreak Wardrobe Trunks are the best known trunks in the world and offer the atmost value
Full Size......$150.00 Cabin Size...$115.00
Als just received an entirely new line of Hand Wardrobes (a short trip requires just such luggage). Note below the Packing List:---
+ Suits
6 Ties
1 Extra Pr. Trousers 12 Collars
1 Pr. Galf Knickers 12 Fr. Hose
1 Pair Col! Hose
12 Handkerch'ves
1 Lounge Robe
2 Pr. Shoes
6 Suits Underwear
1 Tollet Case
3 Pr. Pyjamas
* Shirts
Price: $55.00.
[8211
THANK GOODNESS VAN INSORED
This might be your house!
Insure your residence against Fire
with
THE HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 5, 1929.
THE FINANCE COMMITTEE.
MR. COOPER LOSES APPEAL.
It is agreed on both sides that a sub-cditor occupies 'different grade, with more responsible.. duties, than a sub-editor reporter.
SUPPLEMENTARY ESTIMATES JUDGMENT FOR NEWSPAPER It was argued on behalf of the ap-
OF $369,000.
REPAIRS TO GOVERNMENT
HOUSE.
AFFIRMED.
FULL COURT DECISION.
brought
POOR FELLOW!
BUT NOT A FATALITY THIS TIME!
Ho's dead, poor fellow! Let's telephone the nearest Police Station Oh no, I say, he's still breathing; I wonder what's wrong with him. Maybe the poor chap bas and a fit." These were some of the remarks of excited and sympathetic. people who gathered around a Chinese who was lying dat on the pavement on Leighton Hill Road, near the Socony filling station at
pellant that this implied the reeis- sion of the agreement of July 10, 1027, and the substitution of an altogether different relation be- tween the parties: although, for reasons that I could not follow, Judgment given to the Newapa counsel for appellant stated that per Enterprise, Ltd., by the Puisne
the provisions of the agreement of in the claim Judge against them by Mr Harry Co-July 19, 1927, forbidding the ap-
JA engage
business oper for $1,000 on grounds of al- pellant to
similar to that carried on by the" respondents, continued to operate. Complete Abrogation Necessary.
It appears to me that if what resulted from the appointment of the appellant to succeed Mr. Dob bie on January 28, 1928, as sub- editor was the abrogation of the agreement of July 10, 1927, that alrogation must be complete and
"A meeting of the Finance Com mittee of the Legislative Council will be held after to-day's Council meeting when supplementary estim- ates totalling 8380,018-yill be pre-leged dismissal without gue notice, namely six months, was, affirmed sented.
by the Full Court yesterday and the appeal was dismissed with
Government House Improvements.
Of this 8104,000 is for repairs to Government House.
Certain alterations were approved last year and provided for in this year's estimates including a small extension to the ball room, new office for H.E.. the Governor, new conservatory, extension to lava- tories, etc.
costs
The appeal was argued recently before the Chief Justice (Sir Henry Gollan) and the Paisne Judge (Mr. Justice Wood) by Mr. F. C. Jenkin (instructed by Mr. M. M. Watson, of Messrs. Pea- cous) for the appellant and Mr. C. G. Alabaster, K.C. (instructed by however, certain other alterations Mr. A. el Arculli) for the respon
When the work was commenced,
dents,
were found to be advisable and it
The Judgment. was considered necessary to carry | In giving his decision, the Chief them out at the same time. These Justice said:-This is an appeat included a further extension to the from a judgment of Mr. Justice hall room, mezzanine floor and stair-] Wood dismissing a claim brought! case to rool. When the work was by the appellant for damages for in progress it was found that the termination of a contract of em- ronf of the ball room was no serious-ployment without due notice and ly danged by white ants that a complete new roof was necessary Considerable repairs to woodwork and general reconditioning have also been required.. Alterations to the guard bouse and custodian quarters were included."
wrongful dismissal. The notice of appeal contained more than one ground of appeal, but before the Full Court counsel for the appel lant confined his argnment to the point that the learned Judge WAS wrong in holding that the rela- tions between the parties were The work comprises the following governed by an agreement in writ
itemus:-
Details of the Work.
Extention, to east
end...........$18,500
Reconstruction uf
roof
New floor to N.
verandah
24,400
**,500
New Bat roof to N.
verandah........... 3,200 Reconstrucing south verandah for the purpose of "in- creasing the floor aren to ball room 24,200 Alterations and new
roof to crush, hall 9,000 Mezzanine floor and
staircases to roaf 10,000 New roof aver stair
to crush hall.......
1,500 General recondi.
tioning.
8,500
Alterations and additions to form new office for His Excellency Alterations and additions
for new Conservatory...." Extension to lavatories '... Servery, seullery and store rooms in basement...... New office for custodian... Additions to servante quar-
ters
Enclosing verandah to cus-
todians quarters Alterations to guard house Repairs to woodwork in
main building
-$100,500
16,200
7,000 7,080
4,150 4,250
1,000
8132,500
Amount provided under Head 31, S.H. 7, page 81 of 1999 estimates ......... 18,500
Supplementary vote re-
quired
8104,000
ing dated July 19, 1927, because it had been impliedly rescinded by mutual arrangement as from Jan- uary 23, 1928.
I will first shortly state the re- levant facts in the case which are net disputed by the parties.
The appellant is a journalist and the respondents control cer- tain newspapers published in the Colony, The appellant entered the service of the responder.ta al 2 salary of $300 per month. There was at this time no agreement in writing between the parties, but in July, 1927, appellant was appoint- ed a sub-editor reporter in the ser- vice of the respondents had the agreement of July 19, 1927, above referred to, was entered into be tween the partics.
Terms of Agreement, The material portions of this agreement are (1) appellant was to become a sub-editor reporter in the 3,050 | service of the respondents and 700 faithfully perform the duties of 770 that office for a period of four years from August 1, 1927; (2) ap- pellant was not to engage in any other employment without the written consent of "the respondents under penalty of dismissal; (3) the salary of the appellant was to be payable monthly at the follow- ing rates:-8350 for the first year, $400 for the second year, $25 for the third year, and $450 for the fourth year; (4) there were pro- visions for diminished salary in the event of the temporary illness of appellant and for determina- tion of the agreement if he became permaneatly incapacitated for the performance of his duties; · (5) there was a provision for the de- termination of the agreement by three months notice in writing on either side; (0) there was power re- tained to the respondents to dis miss appellant for certain speci. fed kinds of misconduct: (7) the appellant was bound not to eng- age in any business similar to that of the respondents during the e03- tinuance of the agreement and for five years afterwards; (8) upon the termination of his four years' ser- vice under the agreement appel. lant was to be entitled to a free second class passage to London on certain conditions which need not be specified.
Road and Drainpage Work at Kowloon Among the other itetos is 114,200 to meet the cost of essential road, channel and paving works in Kow loon made necessary by the rapid building development in Kowloon that has taken place since the 1929 draft estimates were prepared. This money will be spent during the current year.
The other big item is 887,840 for miscellaneous drainage work, Kow. foun, made accesary by building development in Kowloon since the 1920 estimates were drafted.
The above is to be met by savings as under:-"
Kowloon Hospital site.....$30,000 Children's playground- 22,000 Chatham Road extension 36.000 Among the smaller items are:--
Clearing Colonial Secre-
tariat
Rent allowance to old in- habitants of Wong Nei Cheong Village Contribution to Brondcast
ing
590
1,212
1,200 The Government has approved the appointment of a Committee under the Chairman of the Póstmaster- General to assist in the preparation of broadcasting programmes.
The estimated expenditure for improved programmes for the remainder of the year is 81,200, and a supplemen- tary vote for this amount is now
THE GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORP., LTD. requested. (C.S.O. 1 in 556/23).
For information apply
AGENTS!
J. H. BACKHOUSE, LTD.
TEL. No. 1733.
1A, CEATER ROAD,
Sanitary Department (transport): 8600. (Steam launch hire for small pox patients came to $1,472 and the extra $800 is largely due to this ex- pense).
Bonuses to vaccinators: $1,200
Status of a Sub-Editor. Under the terms of this agree ments of July 19, 1027, the appel. lant entered upon his duties and would appear to have given satin- faction to the 'respondents because when Mr. Dobbie left the service of the respondents on January 28 1929, the appellant was appointed to succeed him as sub editor. Fur ther, his pay was increased in January and February, 1998, to 8275 per month, in March, 1928, to $400 per month, and finally in April, 1928, to $450 per month; though under the agreement of July 19, 1927, his salary up to August 1923 was only to be at the rate of $350 per month.
(Continued on nezt Column,)
cover all its terms.
The agreement of July 19, 1927, is one not to be performed within
A
year and consequently must be in writing. It can be altoge ther rescinded by express verbal agreement; or rescision may be im plied from the conduct of the par- ties. Similarly rescision may be effected by means of an agreement which is not enforceable by reason of its not being in writing, pro- viding the intention to
rescinil can clearly be gathered from such last-mentioned agreement; but it is clear law that an agreement re- quired by law to be in writing cannot be varied except by a valid agreement in writing.
"The question" as Lord Hal- dane anys in his judgment in Mor- ris varon (1018) A.C. at page 13, in whether there is an intention in any event to rescind, indepen dent of any further intention which may exist to substitute n second contract." And at page 19 of the same report he says:-
What is, of course, casential is that there should have been made manifest the intention in any event of a complete extinction of the first and formal contract, and not merely the desire of an alteration, however sweeping, in terms which still leave it subsisting."
The Restrictive Clause.
As I have said, it is not alleged on behalf of the appellant that the agreement of July 19, 1927, was ever expressly rescinded, but it is argued on behalf of the appellant that the appointinent as sub-editor on January 28, 1928, created such. a revolutionary change in his re- lations to the respondents that it should, be implied that the parties to the agreement of July 19, 1997, had agreed to rescissions except as regards the provisions in it forbid- ding the appellant to engage in occupation of a character similar to that in which he was engaged under the respondents, though, as I have already said, I am unable to accede to the proposition put forward by counsel for the appel- lant that the operation of the re- strictive clause in that agreement was preserved in spite of the dis- appearance of its other provisions.. Looking at the provisions of the agreement of July 19, 1927, in the light of the duties which, accord- ing to the evidence, a sub-editor bas to perform, I see nothing in them which are inapplicable to the new post assumed by the appellant on January 28, 1928; and it is in- teresting to observe that in the let ters of January 2, 1920, and April 2, 1020, from appellant's solicitors
to
the respondent's manager, & claim is not only made for six months' salary in lieu of the three months' salary provided for un- der the agreement of July 19, 1927, but that the amount of a passage Now, to England is demanded.
if this agreement was rescinded by mutual agreement and another one substituted, there is no evidence to support any claim to a passage in the substituted agreement.
Letters As Strong Evidenco. It seems to me that this is strong eyidence to show that at the time those letters were written, appel- laut and his legal advisers were treating the agreement of July 19, 1927, as still subsisting though claiming that it must be adjusted so as to meet the change in his position from sub-editor-reporter to sub-editor. In other words, the position taken up was that the agreement had been varied by parole arrangement between the parties; and this, it is abundant- ly clear in the authorities, is just what the parties to an agreement required by law to be in writing cannot do.
In my opinion, the appeal must be dismissed with costs and the
the Court below. judgment "in affirmed.
Mr. Justice Wood concurred:
ADVICE FOR INVESTORS.
READERS are
reminded
that inquiries relating to the share market are answer- ed on page 10 every Tuesday by
"Kulan." Lotters should be seat to this office, and taust. be accompanied by writer's name and address, not for publication. Letters should be addressed to "Kulan," care of the Editor.
about 8.30 p.m. last night.
Just then a constable came on the
scene.
What's wrong!"
"Don't know, just came here to
And out" I answered. Then, the guardian of the peace took out tis flashlight and bent down to examine the man.
4
"Ah, I see; our friend here bas had one too many, it seems; does anybody here know who he is or where he lives 1" There was pause and then, "Not Oh well, I guess I'd better take him away then cha chai! Half a dozen rickshas came tearing down the road to answer the call and then with a come along infriend
(Continued. nn neät Column.)
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the officer lifted the limp figure- like a sack of coals-and carried
him off.
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PENINSULA HOTEL
ROSE ROOM
DINNER DANCE
DANCE ATTRACTION
SATURDAY, 7th SEPTEMBER, 1929
NINA AND JACQUES
DANCERS
Assisted by an augmented orchestra will give Exhibitions of the very latest dances.
The Argentine Tango, Dance to Death, The Latest Blues and Ballroom Dances.
Dinner $4.00 per head.
Tables may be booked at the
Hong Kong, Repulse Bay, or Peninsula Hotels
and by
Telephone Kowloon £81.
THE HONGKONG & SHANGHAI HOTELS, LTD.