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PRESS

Telephone: 30251.-

HONG KONG DAILY PRESS, TUESDAY, JANUARY 12, 1937.

LEAVE TO APPEAL

FULL COURT GRANTS PERMISSION

Libel Case Recalled

OPIUM CARRIER FINED

Alert District Watchman

HOTEL GUESTS

List Of Guests For Peninsula Hotel

Miss L. Alexander, Mrs. F. Adey, Mr. W. W. Allerton, Mr. and Mrs. Ng Tai Tax, 2-year old uṇem- | C. F. Allen, Miss C. T. Adam, Mr. ployed, was fined $250 or ave and Mrs. F. Austin, Major and months with hard labour by Mr. Mrs. L'A. A. Alston, Major, and

NEW PARLOPHONE, BRUNSWICK & DECCA RECORDS

F599

JUST ARRIVED ALSO

RE-ORDERS OF OLD FAVOURITES.

Simple Tattle Melody, 8.F.T. Victor Bilvester's Orch. Shail I See You Again. Q.8.

do. You Let Me Down. Valaida "Queen of Trumpet".

F605 Dixie Lee.

Sing Baby Sing. FIT. Ambrose' Orchestra. Fe187ru Sing You a Thousand Love Songs. F.T.

0135.

Bolitude. Dorsey Brothers. Weary Blues,

Sitting in the Full Court yester- | J. A. Fraser at the Central Magia- | Mrs, F. P. M. Anderson, Mia. C. day with Mr. Justice 3. J. Hayden, tracy yesterday for the poses-T. Addis, Mr. D. Aller the Chief Justice. Eir Atholl Mac- | sion of '11 taols of ruw optum. 1. Gregor, granted leave to appeal against the decision of Mr. Justice Hayden, Acting Pulse Judge, in awarding $200 damages to Laung Kam-hoo. sport news correspon- dent, in his action for libel against newspaper. TJ the vernacular Chung Yat Po.

{ Mrs. H. D. Bode, Lieut. Comdr.

Mr. Leo D'Almada, jun, instruct- ed by Mr. G.S. Hugh Jones appear ed for the defendant-appellants The platatif-respondent was not present and was not represented.

NOTICE IN PAPER

|

Acting on infarination, £ dis- and Mrs. P. A.. Berry. Major and trict watchman stopped defendant Mrs, Barclay, Captain C. R. Boxer, on Des Voeux Road, West, to

Mrs. R. Burridge, Mrs. F. Brimrose, s-arch him. Ng refused to be Mr. C. A. Blum, Mrs. N. N. Blum, searched and told the watchman Mr. B G. Butler, Mr. W. N. to go to see his emplüyer,

Buyers, Surg. Lt. Comdr. and Mrs. W. EL Brigham, Dr. George

Ng then struggled away from the watchman and ran into a Chinese medicine' shop' which was

nearby. He was followed into the shop and with the assistance of another watchman and the fokis apprehended defendant.

The action arose from the publi- CHINESE YOUTH

cation of the following notice in the paper: "Notice by this paper Leung Kam-hoo, "alias" Stu Ngang. sport news correspondent of this paper, is dimissed on account of a certain matter, Anything that person may do hereafter shall have nothing to do with this pa- per."

Mr. D'Almada said the dismissal

the

IN TROUBLE,

Police Court Charges

Tang 80, 21. unemployed, of no fixed abode, appeared before Mr. J. A. Fraser at the Central Magis- tracy yesterday to answer charges

Bolin, Lieut. and Mrs. 5. K. Barnes, Mr. and Mrs. E. M. Bryden, Lieut. Comdr, and Mrs. H. G. Bowerman, Lieut. Col. and Mrs. D. M. Bar-

chard.

Mr. C. I. Barr,

Mr. Barry M. Coleman, Mrs. S.. Cameron, Miss B. Cameron, Miss B. Crook, Captain D. C... Chopra, Mrs. J. T. Cook, Mr. G. H. Cautherley..

Mr. Wm. Dixson, Mrs. R. Dalzal, Mr. and Mrs. K. D. I. Duncan, Mrs. R. M. Douglas, Miss. A. G Davis, Mr. R. Dormer, Major and Mrs. W. E. E. Dowling, Major H A. Davies.

2

Mr. Lawrence C. Enos, Mr. W. F. Edge. Major and Mrs. C. E Eccles.

itself was admitted both by plaintiff and his solicitor, Mr. F. L.

Mrs. and Miss Forshaw, Mr. H. Zimmern who, in opening the

of (a) larceny from an unnumber- |E Foster, Rev. and Mrs. M. A. case, suggested to the trial Judge

and Mrs. that there were three preliminary ed hut in Percival Street, of three Farren, Wing-Comdr.

picces of clothing, a gold watch, a Fuller, Mr. and Mrs W N. Issues involved, (1) whether dismissal was justified, (2) whefountain pen, several pawn tickets Fleming. "Mrs. B. Furber, Mr. and

and various other small articles Mrs. 8. E. Faber. ther the words were in fact de-

valued at $100, belonging to Cheng famatory, and (3) whether they were capable of bearing a defama- Ching-nin an accountant, and (b) larceny of a leather suitcase con- tory meaning. Upon the third

taining 12 pieces of clothing, keys suggestion. Mr. Hugh-Jones, who

and a knife, valued at $15 belong- appeared for defendants, raised an

ing to Chan Lai-yue, house objection on the ground that there

coolle. was no innuendo pleading, and the Judge decided in his favour.,

The trial Judge further said: I rule that the publication of the notice was defamatory. The words 'dismissed on account of a certain matter would, to my mind, convey to the mind of a person of ordinary Intelligence the impression that an Imputation was being made against 'the plaintif

PLEA OF INNUENDO

Counsel submitted that the mo- ment the trial Judge went into the question of imputation he entered Immediately the plea of innuendo, which was not open to him be- cause it was not pleaded. The words were in themselves defama- tory apart from the queation of whether or not they were capable of a defamatory meaning.

Counsel added that he could not

find any authorities in the Supreme Court Summary Jurisdiction for the precedent set in an old case whereby three steps were necessary in a Summary Jurisdiction appeal. The case in question was Leung Chi-chim vs. Leung Shiu-hing, in which the then trial Judge held that three steps were necessary for an appeal, namely an ex-parte ap-- plication for leave to appeal on which occasion the Court would direct that a second application should be made, after notice to the other side, in order to give them the opportunity to show cause why leave to appeal should not be granted, and if such leave was granted then the appeal itself would be heard on the third oc- casion.

RULING ASKED FOR Counsel said he would like the Court to give a ruling on this point. in order to save expense and time. ' as he could not find any authori- ties in support of the precedent set in the case mentioned.

The Chief Justice remarked that the precedent was distinguishable from the present case in that no notice had been given to the other side.

Mr D'Almada expressed his agreement, but added that the practice had been followed by Bir Joseph Kemp and Mr. Justice R. Lindsell.

His Lordship said that with all due respect to the learned judges, he differed from the Full Court de- cision in the case mentioned. As

far as he was concerned he was not disposed to insist that the pre- cedent be followed, but he could not say more' apart from the fact that decision was fortified by the knowledge that his brother Judge agreed with him, As far as the present case was concerned, it would not be necessary to use in- termediate steps.

Leave to appeal was granted, and before the Court adjourned HisTM Lordship informed Mr. D'Almada that he was at a dim-

Inspector Logan, prosecuted and asked for a remand of 48 hours, which his Worship granted.

MOTOR CAR

DISPUTE

Judgment For Plaintiffs

The case in which Messrs. Gi- man and Company were plaintifs in an action against Ip. Ping- chuen, of the China Ginger Com- claimed pany, from whom they

On an $115.35 being money due instalment under a hire-purchase agreement for a man Minx saloon car, was concluded before Mr. Justice Hayden at the Sum- alary Court yesterday afternoon.

Mr. W. Keith Robinson” appear- ed for the plaintiff and Mr. M. A. da Bilva for the defendant.

It will be recalled that both parties agree that there was tr hire-purchase agreement between the parties dated October 4, 1935; that an instalment of $68,20 due on November i was unpaid: that the car was seized on November 20.

Yesterday, Mr. Robinson sub- mitted that the defendant must pay artears of rent up to the day that the contract was terminated. If that were not so, in a 31-day month the hirer could break his contruct on the 30th and would not be liable to pay any rent at all,

THE DEFENCE

Mr. Silva submitted that there was no atatement in the agreement that the owner was entitled, as one of his remedies, to sue for ap apportionable part of the rent of hire up to the day of seizure of the car.

"In every case that came before. the Court as far as my experience and research goes," said Mr. Silve "there is only the question to sue for instalments in arrests but not for a proportionate part of the rent for hire."

His Lordship gave judgment for the plaintiffs for $59.20 already paid into Court and costs to the day of payment into Court; the de- tendant to have costs subsequent

to payment into Court.

YOUTH BOUND OVER

For stealing three pewter plates froin a boarding house in Con- naught Road Central on Saturday an unemployed youth named Chan Tim, aged 18, was bound over in $50 for six months by. Mr. K. Keen at the Central Magistracy.yester- day.

culty in fixing a date for hearing would not return until the middle as Mr. J. A. Fraser, who held a of March." commission as additional judge, Mr. D'Almada said he would would not be available until Fe leave the matter entirely to His bruary while. Mr. Justice Lindsell Lordship,

Captain W. L. Greenwood, Mr. Clarence Grifin, Mrs. R E. Goulette, Mr. T. M. Gregory, Major and Mrs. E. & C. Grune, Mr. C. L. Gregory, Col. F. E. Gowan, Mr.

H. Geare. Miss Beth Gregg. Mr. H. S. Hall, Captain and Mrs. A. J. Holland, Captain and Mrs. Akroyd-Hunt, Major and Mrs. R. C. Harris, Miss Harris, Mra. Inglis Hudson, Mr. C. M. Hall, Mr. E. Haussamann, Mr. T. M. Hazelrigg. Mr. E. L. Hosie. Mrs. D. Harvey, Mr. and Mrs. V. M. Haimovitch, Miss Haimovitch.

Mr. and Mrs. G. N. Illingsworth. Dr. and Mrs. R. B. Jackson, Lieut. CoL and Mrs. C. Crawford- Jones, Major E. H. Joseph, Mr. and Mrs. J. R. Jones.

1

Major and Mrs. D. H. W. Kirkby, Mr. L. Kadoorie, Sir E. Kadoorie, Col, and Mrs. E St. G.,Kirke, Miss | B. Kirke.

Mr. R. R. Liddel, Mr. S. w. Little, Mr. and Mrs. H. A. Lam- mert, Mrs. J H. Lock

Mr. and Mrs. G. V. T. Marshall, Col. and Mrs. J. H. Morris, Miss F. Morris, Miss F. Morris, Miss V. J. Morris, Lieut. Col. and Mrs. Muirhead, Captain and Mrs. Mur- ray, Mr. F. Matear. Mrs. Matear. Miss Matear, Miss. J. MacKinnon, Mr. and Mrs. C. W. N. McGowan, Mr. R. L. Moncrief, Major and Mrs. H. MAL. Morrison, Mr. J. F. McKernan, "Mr. J. F. McK'erritin. Junr, Mr. and Mrs. J. W. Morris, Miss M. Manuk,. Major and Mrs. J. McDonald, Major and Mrs. – J. Mackenzie. Mr. L. L. Mills, Mr. J. F. Manning.

Major and Mrs. Neill

Mr. C. H Otaguro, Major and Mrs. Oliver, M'ss L. Olding, Mrs. D. Olding, Mr. Olding.

Co. E. A Parkins, Mr. N. J. Perrin, Mr. and Mrs. B. A Price. Miss Paddle, Mrs. J. La Ponsford, Mr. Wm Parr, Mr. W. G. Pire, Mr. R. Pax, Mrs. R. U. Price, Mr.

J. and Mrs. E. Pethick, Dr. 8. Pyne, Mr. H. W. Page, Mr. and Mrs. H. H Pegg-

Mrs. A. G. Quynn, Lieut. Col. and Mrs. L. C: Reid, "Mr. and Mrs. G. O. Rockholtz, Eleut. and Mrs. E Robinson, Mrs. J. Robinson, Mr. T. Ramsay, Major and Mrs. Roupel, Mr. and Mrs. A. B. Raworth, Mr. and Mrs. G" R. Razavet, Major and Mrs. G. S. Rawstone, Sir Ernest and Lady Riddle, Mrs. E. F. Rice.

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BIGGER FAMILIES FOR NAZI FARMYARDS

Hens, rabbits, bees, goats, and silkworms are being mobilised to do their parts in making Ger- many self-sumclent under the four-year economic plan.

Each female rabbit must increase its litter from six to 10 young, thereby raising the supply of rab- bit meat by 100,000 tons.

Mulberry trees must be planted for the silkworms,

Opening an exhibition of small

Seven hundred thousand swarms domestic animals in Frsen, Herr Vetter, president or the Domestic of bees must be added to the pre- Animals Breeding Association, al sent stock within the next four. nounced the programme to be tol years. That and an increased ac- lowed by the breeders in the next tivity of the existing stock is ex- four years. A

pected to raise the honey produc Mr. E Grant Smith, Dr. and

Here are some of its most out tion by 17,000 tons during the four Mrs. A. J. Sk ́nn, Miss Skinn. Mrs standing points:-

years of the economic plan A Stainfield, Miss Stäinfeld, Major | Of the 55,000,000 farm hens in clover especially suitable for bees. and Mrs. J. W. Stevens, Eng. Capt. Germany, 10,000,000 must lay, 20 is to be grown tog da

Sampson, Mr. T. &. Whyte eggs more per year, increasing the Smith, Mr. and Mrs. H. D. Stuart the egg supply by 400,000,000 eggs. production by 35,200.000 pints per Smith. Mr. A. Stanbury, Mss" M.

The 6,600.000 "city bens" bred year. Another 1,000,000, goats Stephenson, MSY M. de L by townspeople must lay, 20 eggs must be added, so that Germany's Smith, Mrs R. 8. Simpson. Mr. more per year, increasing, the sup-goat milk output reaches 1,406,- Simpson, Mrk Shetland, Miss

ply by an additional 112,000,000 - 000.000 pints annually. The goat hand, Mr. Bhetland.

Coats must increase their milk

Mrs. A. Thomas, Mr. J. Thom-gs. That is to be brought about milk will be used for drinking.

by feeding Kitchen scraps to them. cooking, butter, and cheese. son, Mrs AG Trillo, Miss A. Trillo. Mr. and Mrs. J. A Tarrant, Mr. D. Tolan, M'es D. Tollan, Miss M. M. Tyrrell **

Rev. G. E. & Upsdell,

HEROIN PILL CASE ·· | FOUNTAIN PEN THEFT

Leung Fan, 44, widow, of 28. Tai

Going behind Yu Kut a shop

Mr. and Mrs. O. Vagnone.. Mr. and Mr. E G. Williams, Mr, R. Wyatt, Lt. and Mrs. J. Nam Street, was charged with roki, and stealing a fountain pen B. Weeks, Col. and Mrs Wright, possession of about 40 thousand from his pocket resulted in the Miss M. Whitwell, Miss A. G. Wil-heroin pills before Mr. Q A. An arrest of a 29-year-old unemploy- son, Mr. G. F. Walker, Mr. A. C. Macfadyen at the Kowloon Magised man on Sunday. The man, Wilcox, Miss J., O., Bigg. Withers tracy yesterday. Inspector Ches-Chan Chol, was brought before Mr. New Arrivals.", Water Wood asked for one week's re- K Keen at the Central Magistracy Mr. J. P. Bourne, Mr. LTmand which was granted, and a yesterday and sentenced to three Beddow, Miss D. Evera, Miss FL ball was fixed at $2.500. The case months hard labour Inspector Thompson.

it to be taken for committal Kirby, prosecuted:

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