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HONG KONG DAILY PRESS, THURSDAY, OCTOBER 17, 1935.
Around the Courts
HOUSE USED AS OPIUM DIVAN
WOMEN SQUABBLE ON STEAMER
Ip Yau. (23) married woman. appeared before Mr. Macfadyen
TRADE MARK CASE
Appeal Against Decision
Stating that he would ke time to consider the ease, Mr. Schofield ordered an adjournment of one week at the Central Magistracy yesterday in the case 114 which Lok Wo (50) a woman appeared before him charged with trespass-
Sal ing on Crown Land at Wan Defendant who was on $25 Ho. bull, pleaded that a man, named Ng Wat took the permit away from her, as she owed him, money. Mr. W. E. Hollands, of the Pub- ilc Works Department salę a let- ter was received from N Wal stating that the defendant was occupying his house and Wuld not leave. Apparently she was permitted to live there for a few months during Ng Wai's absence.
Asked why she had struck com- Actually. the defendant was
plainant. defendant sald com- nów trespassing on Crown land. plainant had frst struck her child but there was a perihit for the with a fan and also wanted tofa'sely applied. structure. Originally the permit drag her from her bunk. H's Mr. Eldon Potter. K.C., in- was in the name of the defen- worship bound both parties over structed by the Hon. Mr. M. K. Lo. appeared for the appellants. the United States Drug Store: and Mr. Hin-shing Lo, instructed by Mr. J. M. Hall, was for the respondent the Sino-German Dis- pensary.
at the Central Magistracy yester-appeal against a decision of Mr. Judgment was reserved in the day charged with assaulting an A. A. Macfadyen, the Lower other married woman. Ho Yee Court Magistrate, In ping..
dismissing on board the steamer the Kwongtung while on passage from United States Drug Store against summonĄ brought by the Canton to Hong Kong.
The Sino-German Dispensary for both complainant and defendant mark, which was made before the Sub-Inspector Walsh said that alleged infringement of a trade
were deck passengers оп the
Chief Justice, Sir Atholl Mac- steamer. At about 8 o'clock Tues- day evening,
Gregor, and the Puisne" Judge. complainant woke up defendant who was sleeping Full Court yesterday.
Mr. Justice R, E. Lindsell, in the the bunk above her, and they had an argument which led tu A struggle resulting in complainant being hit on the head with a me- tal-mug...
dant's husband, but W25 later transferred to Ng Wal.
There was no question of sub- letting the house to the defen- dant. She had been given three months to remove from, the pre- mises, but she had refused. The woman was also using the place as an opium divan, and evidence could be brought to this effect,
Mr. Hollands added that his in- structions were to prosecute the woman for trespassing on Crown
land.
11
OTHER CHARGES Similar charges were admitted by Yeung Kul-lam (18) unemploy- ed. and Wong Ho. (39) "coolle. Yeung was fined $10 and Wong $5 cr seven days' gaol. Both were ordered to pull their structures down within one week to the sa- tisfaction of the P.W.D.
i personal bonds.
WOMAN PLEADS GUILTY
Three cases ni possession 01 po-piu lottery tickets were before Mr. Macfadyen at the Central Ma- gistracy yesterday, al concerning
women carriers.
Chan Yiu, (28.) single woman. pleaded guilty to possession of 735 tickets found on her at Connaught Road Central near the Yaumati Ferry Wharf. A fine of $100...or six weeks hard labour, was im-
pased.
Admitting the possession of 208 tickets at Queen's Road West near Possession Strees, Wong Sze, (37), married woman, was fined $50, or one month's hard labour. Another woman, Chan Sze, (20), was fined $16, or three weeks' hard labour: when she pleaded guilty to posses- sion of 25 tickets found on her at Connaught Road Central
Mr. Hollands stated that de- fendants had obtained stone from the quarry "and built structures on Crown land at Sai Wan Hu. No. permise would be issued for Eing Lung Street, new structures, he said.
EX-CONSTABLE CHARGED
Sub-Inspector 3. Walsh secuted in each case.
The summons against the Sino- German Dispensary in the Lower Court was for selling medicine to which d trade mark, so nearly complainant's trade resembling mark, "Senkesin," as to be cal- culated 10 deceive, had been
Mr. Potter said the appeal was from, the decision of Mr. Macfad- yen in a trade mark prosecution. was of The principle, he said, great impor.ance than the ques- tion of the amount of the penalty imposed.
held The Magistrate
at the of the case for the conclusion prosecution that there was no case to answer, and that no "prima facle" case had been made out.
VALUABLE PILLS
The appellants were the regia- tered
proprietors of the trade marks wanich consisted of three Chinese Sn." There was also, as part of characters, "Sin Kai
near the mark, the Eng.ish word
| "Senkesin," That mark was re- pro-gistered .under Clause 3
or leash and was fined $5. Missi Cramer told the Magistrate that the dog must have run out without anyone seeing it. as she always put its muzzle on. The dog had been incculated. Appearing before Mr. Macfady in on a similar charge Mrs. Franklin, 37, Robinson Road, was also fined $5.
Miss Cramer, No. 1. Chacham Path, was summoned before Mr. Macfadyen yesterday morning, at An ex-Shantung constable, Li the Central Police Court, for allow Tak-chal, aged 37, appeared ating her dog out without a muzzle the Kowloon Court this morning before Mr. Wynne-Jones, charged on two counts relating to the theft of a cotton singlet, a cock and three hens, and a charge of hav- Jug possession of a pick-lock. De- fendant pleaded gufty, to the charges of theft and failed to give a satisfactory explanation for the possession of the pick-lock, and was remanded for 24 hours in po-" ice custody for further enquiries. The complainants were, Chan Tal, a 16-year-old gir, and Wong Tsol, aged 62, a vegetable garden-
Gr.
The prosecuting officer Inspector Chester-Woods, produced a record in which it was stated tha; de- fendant had a previous conviction for larceny in 1934.
4,
#
On charges of keeping a pros- titutes' lodging house a 3. Sam Ka Lane, firs, floor and 15, Aberdeen Street, second floor, respectively, Wong Ng, married woman, and Wu Shan, married woman, were each fined $50, or one month's hard la- bour, by Mr. Schofield at the Cen-
rai Police Court,
for
medicine. It was, in fact, used in connection with packets of pills which were of considerable value, as they restored vigour and youth. Not only was this mark used, but. It was used only" an this type of medical goods.
con-
Continuing, Mr. Potter tended, that, rightly or wrongly, there was an obvious infringe- ment of bis ellen''s mark as two- third of the characters were used by the respondents. It was an obvious infringement and as such came within the scope of the Mer- chandise Marks Ordinance.
r
“WORD MARK"
Couns.1 ther" went on to remind their Lordships that if he criu- cised the decision of the Magis-
trace he did not desire to do so in a crlucal munner, as the learned Magis ra e had studied the case very carefully. In the course of Similar penalties were meted out
his decision, the Magistrate had laid emphasis to Wong Sam Mul, widow, and Li
on the
word Ng. (62), widow, who
"falsely," bur Mr. Potter contend- pleaded guilty o soliciting in Water Streeted that the intention to defraud and Rose Lane respectively. Sub-had no.hing 'o do with the prose- Inspector Thorp: prosecuted in all cution of this case, as the com-
D'alp
"word the cases.
was in regard to mark" and not to "picture mark".
His Worship: Why are these excoustables ler in the Colony; why aren't they sent away?
Inspector Ches er-Woods: don't know; he may have been locally recruited..
Quistiqued, defendant stated Kwok Fai
Apart from the similarity in the (67) unemployed tha. he had been recruited locally, was sentenced to
the appearance of the eight months' words, hard labour by Mr. Schofield at respective packe's was entirely the Central Magistracy yesterday diferent.
summans.
COM-
+
A trademark cerning flash light batteries, was his banishment term of ten years comparing of the "get-up" of on a charge of returning before Mr. Potter contended that the caled up before Mr. Schofield t
the Central Magistracy yesterday from December 23. 1933, had been these two packets was wrong, as the complainant being Ng. Tse-completed. Defendant had a pre-the question only involved the
vlous conviction shek, propriate of the Paul Bat-
for being the "word mark" and had nothing to tery Company, 282-286
Detec do with appearance. keeper of a sly brothel. Lackbart Road, and the defendant H. Wal-tive Sergeant Kinnear prosecuted
la, otherwise known. "as Selehba! Hathi Walla, manager of Philbin and Company, 386 Hennessy Road. Mr. S. Ng Quirin appeared for the complainant and mentioned that the Hon. Mr. M. K. Lo is appear- ing cr the defence. The case was adjourned for one week. The summons aleges falsc trade marks on flashlight batteries of the complainant firm on October
10
Falling to appear before Mr. Wynne-Jones at the Kowloon Ma-
MISSIONARIES' ORDEAL
(Special Air Mail Service>
London, Sept 28.
Mr. Rudolph Chorlton- cum-Hardy, Manches- Bosshardt, of
er, the missionary cap.ive of Communists in China, and his companion, Mr. A. Hayman, a New Zealander are reported to be "in a Borry condition.”. They have been in the hands of the Com- muntat army since last October.
RESPONDENTS' CASE
For the respondents. Mr. Lo sub- mitted that he had no case to answer. He admitted that two of the three characters on the label of the client's ar icle formed part of the appellant's mark but he held that there were in all seven characters on the respondents' packet and when read together they conveyed an entirely differ- ent meaning from that of the ap- pellanta'.
The appellants had contended that their case was 'one of 10-
gistracy yesterday to answer A A letter received by the China fringement and had nothing" to
charge of keeping, a
Common
Injand Mission in London states
messengers on
do
with deception.
Assuming
gaming house at. No. 37 Halphong that the two men were seen by 'hat this was the case, why was Road, ground Hoor. Wu Lam, (43) | Chinese Christian
it necessary for the appellants coolie, forfeited his ball of $50.Aug. 21. The news amolides the to bring in the evidence of the Thirteen other coolles were
Obviously, Mr. Lo ar cable sent three weeks ago which purchaser? rested for gambling in the predescribed. The situation as "very
con' ended, It was to prove, de- mises; three of whom failed to cri'ical."
ception... appear in Court and their ball of It is stated that the messengers 'Mr. Justice Lindsell said the $3 each was estreated. The other were unable to conclude negoʻla- | bringing in of the evidence of the gamblers pleaded guilty and were tions for the release of the cap- purchaser was to show that the each fined $2. The sum of $8.39 tives as the Communists had re-respondents had in their posses-" picked up was put 1 the Poor newed their earlier impossible slon an article bearing a mark Box. Detective Sub-Inspector L terms.. Another attempt, however, closely resembling that of the Whant prosecuted.
was to be made.
apreflants'.
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