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SOUTH CHINA DAILY NEWS

(NAM WAH YAT PO)

Whose daily circulation of 18,000, reaches modern and prograïra Chinesa in both :: Hong Kong sid South Chine

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49-51 HOLLYWOOD HOLD, H

HONG KONG DAILY

WEDNESDAY, AUGUST

1935,

AROUND THE COURTS

TRADE MARK CASE

OLD CUSTOM ABOLISHED EMBEZZLEMENT ALLEGED

Betare Mr. B. I Wynne-Jones at Sixteen Chinèse, eight unam-

"Mr. G. 8. Hugh Jones yesterday the Kowoon Magistracy Yesterployed men, a farmer and seven appeared for Chang Tik Ming, a day, the Tung Tag firm of No. 105, widows were chargat yesterday at schoolmaster when he was charged Tal Nam Street, Shamishapo, the Central Magistracy, with fall before Mr. E 1 Wynne-Jones at and a man named Chan were ing to pay their fares while travel-the Kowloon Magistracy on an al- summoned by the proprietor of ling on the steamer Yuet on from legation that, heing a member of co-partnership with Chan the Swatow Chemical Co.. T. C. Köngmoon to Hong Kong on a

Cheung, Ling, a 30 year old school Lee, with having on August 5, last. August 26. unlawfully had in possession for Detective Bergeant H. J. Bald- mistress, he did on various dates purposes of trade, medicine to win prosecuted, and the complam-between April 1 and Aurust · 15, which a false trade mark was ap-. ant was Captain A. A. Warild, mas embezzle sums of money amount- plied

ter of the Yust On, owned by the ing to $54 belonging to the part Hong Tar Steamship Company, 286 Des Voeux Road Central

Mr. F. G. Nigel appeared for the complainant, while the de- fendants were represented by Mr. G. EL Griste

At the

nership.

Mr, M.-A. da 80vs who appeared Four of the defendants pleaded for the prosecution. stated that guilty, saying they had no money a school was opened with the outset of yesterday's to pay the fare. The remainder partnership of complainant and proceedings, Mr. Nigel said he un- of the defends pleaded that the defendant on April 1, and it derstood that the man: Chan Kit, they offered 40 cents as fare for was agreed that during the first claimed to be the managing part the journey, but this was refused. term defendant would have ner of the Tung Tak m. Mr.

The Magistrate Mr. Q. A. A. Mac-charge of accounts and money re- Nigel further stated that he dis-fadyen, was informed by the pro-ceived At the end of the term covered that the man Chan was

Chan Kit

Mr. Grist contrmed Mr. Nigel's statement. His Worship then de- cided to take both of the sum- monses together.

secuting officer that the fare from Kong Moon No. Hong Kong was only 80 cents Chinese currency. The defendants were so called runners and had been in the habit of travelling to and fro without paying their fares.

The complainant was called to the witness box. He said that he

Sometime ago the plaintiff com-. was 'proprietor of the Swatow Chemical Co., at No. 85, Wing Lokpady, and three others decided to Street East, 2nd floor. Witness's do away with the system and no- firm produced a medicine called ties were posted up accordingly.' "Welcome Powder." The packets. The runners were not paid but of medicine or powder were con- they merely showed the country tained in a box. The label which people the way to the boats leav- contained the powder, had a ing for Hong Kong. crane mark, the words of "Wel- On Monday night there was. come Powder" being on the opregulated attempt to override the the posite side and above that mark Yuet On and on arrival of was the name of the Swatow Che-steamer 30 of them were on board. mical Company. Describing the Fourtem of the party agreed difference between the genuine to pay the fare; some offered to packet and the ingenuine one, wit pay half the fare, and others re- ness said, that firstly, there was fused to pay at all. an absence of any lettering the left side and secondly, the general effects of the imitation were blurred and the type of let ters on the top were thicker. The powder contained in the Ingen nine packet was coarser; it not be- ing of uniform smoothness. The printing of the labels. In Hong. Kong was undertaken by the Mel, Chow Printing Co.

THE SEARCH

on

The third defendant, Chan Luk. 28. unemployed, had $9.49; the fourth defendant, Lam Kwart 42. farmer, had 80 cents; the sixth defendant, Wong Chau 54, un- employed, had $1 in his possession and the twelfth defendant, Au. Tee, 41, widow, had $4.40 All the money was in Chinese currency."

CAPTAIN'S EVIDENCE Captain Warild explained that the system of carrying so-called runners was a custom dating back to the olden days in China. They Tal Nam Road on the night of directed country people to the August 9. In No. 191, he found

Sergt. C. Donovan gave evidente of the search in No. 191 and 193.

ships. leaving Kongmoon and for 10. boxes and some labels. In a every ten passengers hi runner rear cubicle, he found packets of powder similar to those produced was given a free passage. The were recognised This in Court, two larger packets and runners 13 printing blocks, which corres- system had been done away with ponded with the labels. which some years ago on the Canton run and three or four years ago on wrapped up the powder.

the Wachow trip the Kangmoon It had been re-

Tsiu Hin, a foki in a printing. press, gave evidence to the effect trip remaining. that he was employed by defer- dant's firm to work on the night of Aug. 4 and 5: He saw the labels, got hold of one. and informed complainant about the matter.

cently agreed that the runners be dispensed with on the Kangmoon trip; and nouces were posted up to this effect The interests of four shipping companies were in- volved in the issue, and this was a test case,

Captain Warild asked his Wor- ship: to take a serious view of the

Case.

LABELS ORDERED Chan Kit, said be was. the managing partner of the Tung Tak ffm. On July 23 last a man by the name of Bee came to his shop and order. 10,000. sets of la- bels. Wilness promised to deliver them in half a month's time. The price was $68. The money was marked. pald and the man Lee took de livery of the goods. Witness said

p

The defendants did not, tra- vel, alone as they had baggage and many baskets of merchandise.

"It is jus an attempt to buck the companies bye-laws," he re-

The Magistrate pointed out that the maximum nne was $25; but he could not print, the colour la- as this was a test case he would bels as he had not' the machinery impose a fine of $5, or (en days' to print it. Witness kept the hard labour, on each of the de- printing blocks because the man fendants.

Lee had asked him to do so, say- ing that he would like to print

some more later. When the man

Lee came he presented a card and

said he lived. in Hotel Nathan and

CASE REMANDED "

At Central Magistracy, yesterday.

also said that he was a foki of before dr. Schofield, further the Swiatow. Chemical Co.

i

evidence was given for the defence, Witness was then closely ex- amined after which. His Worship in the case in which Cha Fũng, a convicted Chan Kit Hing, and disarried woman, and Li Wo, are missed the Summons against the accused of having assaulted Cheung Sur Hing, a married wo- Tung Tak firm.

à fine of $500 or in default 3 man, occasioning, bodily harm, at montha' imprisonment was impos- the Coffee Plantation, Sockumpoo, ed, and defendant was siso or on July 11

dered pay cost of $100 or one. The second defendant, in giving month's imprisonment.

WINDING UP

evidenos, stated he did not assault the complainant, but that the com- plainant and some other people had assaulted the first defendant, and when he saw the complainant hit- ting the first defendant Berled

Further evid

At the Supreme Court yesterday to separate them,

Mr. Justice Lindsell granted an ence was taken for the defence application for the winding-up of after which the case was adjourn

ad imal August 29 at 2.30 pm Hong Kong Amusements, Ltd

Mr. H. C. Macnamara, instruct-M- Hmm Shing Lo, instructed by mern, appeared for

́éd by Mr. H. J. Armstrong, of Dest- cons, appeared for the petitioner the complainant and lir. H C.

Lee for the detenidarits. and said the grounds for the sp- plication were that the Company was hopelessly insolvent and ow d debts, all round.

Mr. R. C. H. Lim instructed by Mr. C. E. Banderson, of Russ and Co. appeared for the supporting

the

Returning to

efore

on August 6, defendant handed over a complete account for that. term and signed it" with his own to Complainant began name. check these accounts and found l discrepancies. Receipts had been Issued to pupils for three items of: various amounts which had no corresponding counterfoils in the receipt book.

From August 6. notice. were posted up that complainant would received all accounts and receipts would be issued bearing the chops ‚of both; complainant and defend- ant. Defendant, however, collect- ed various accounts and used only his own chop, and complainant found that he had collected from 40 pupils for which she had no account. The total sum znac- counted for amounted to between $400 to $500.

Defendant was remanded for seven days. Bail in the sum ef $200 was allowed.

"A fine of $270 with the alternă tive of two months hard labour was imposed upon Lat Sa, 27, an employed, when he pleaded guilty before Mr. Wynne-Jones, at the Kowloon Magistracy yesterday) to a charge of having' possession of nine taels of raw oplum at the Kowloon-Canton Railway Station on, Bunday last. Revenue, Officer Browne stated that the optum was found concealed in the false bottom of a rattan suitcase. Sze. 38, unemployed, appeared ou

taels of raw opium at the same a charge of having possession 31 place and on the same day. He pleaded guilty and was fined $105. or in default. five weeks hard labour. In this case the opium was found, hidden between the two bottom layers of a basket.

(Continued on Page 11)

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