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SOUTH CHINA DAILY NEWS
(NAM WAH. YAT PO)
Whose daily circulation of 18,000 reaches modern and progressiva Chinese in both Hong Kong and Bouth China.
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A great favourite with young and modern China, on account of the excellence of its sporting news and authoritative political articles, the Bouth China Daily News is too valuable a medium to be left out of you appropriation.
For Rates Apply To The Advg. Manager South China Daily News (Nam Wah Yat Po)
49-51, HOLLYWOOD BOLD, Hong Koxa.
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HONG KONG DAILY PRESS, WEDNESDAY, MARCH 3, 1937.
CLAIM AGAINST FALLS TO GROUND
NEWSPAPER
Sequel To Visit Of Filipino Olympic Team
Holding that he could not draw the conclusion that the ar- ticle published in the Hong Kong Telegraph of June 1, 1936, was untrue and that in fact the previously advertised boxing exhibi- tion, in which the Filipino World Olymple purilists were to be op- posed to local boxers, did not take place, the Chief Justice, Sir Atholl MacGregor, at the Supreme Court yesterday gave judg- ment with costs for the defendants in an setion brought by S..
·M. Fernandez, physical culture specialist, against the South China Morning Post Limited, claiming special damages.
Mr. G. She, instructed by Mr. M. W. Lo, of Mesars; Lo and Lo, appeared for the plaintiff, and Mr. Eldon Potter, K.C., and the Hon. Mr. Leo D'Almada, Jun, Instructed by Mr. R. A. Wadeson, of Messrs. Dercons, appeared for the defendants,
"OFF THEN ON"
The claim Was for damages a full house the seating capacity caused to the plaintiff by the de- being 2,200. Plaintiff alleged that com- result of the article fendants for falsely and mallel as a ously publishing and printing in plained of only 250 people actually the issue of the Hong Kong Tele-turned up. graph of which the defendant is proprietor) on June 1, 1936, an article with reference to a boxing exhibition organised by the plain Liff to take place on the night of June 1, 1930, with the heading in the words following:-"No Boxing Tonight"-"Final Deciston Is No."
PLAINTIFF'S CASE
Mr She added that on June 1, the "Telegraph" published another article, which contained. among other things, the headings, "They Boxed After All" "Programme of Then on."
Mr. She concluded by saying that in order to support his claim Mr. She remarked that the ac- he must satisfy his Lordship that tion was for special damages the report published was untrue, wrongfully and intentionally that it was published unjustifiably. caused by the defendants without and that in fact. the plaintiff had The suffered special damages thereby, justification or lawful excuse.
of AF as the result
Counsel pointed out in the adver- case arose article published in the Hong Kong tisement the management reserved Telegraph of June 1, 1936, which the right to substitute. contained, inter alla, headlines to the effect that the Filipino Olymple boxers had refused to fight; "No Boxing Tonight" and "Final Decision Is No." The ex-deaf but I don't think I am as hibition did actually take place. deaf as the plaintiff. Laughter).
THE EVIDENCE Mr. Potter, K.C.: That is very much in dispute.
Mr. She: The exhibition pro- gramme took place but in a modi-
Bled form.
Mr Potter: The plea of the de- fence is that the advertised. pro- gramme did not take place.
Mr. She: The exhibition did take place with a re-arranged programme, and when the report in question was written and pub ished the promoter. or rather the plaintiff, was not consulted as to the truth or otherwise of the ar- ticle
The claim, sald Mr. She, was based on the fact that the article, with glaring headlines, was cal- culated to mislead, and, counsel submitted. must have misled the public into believing that no box- Ing of whatever nature would take place at the Lee Theatre that night. When the plaintiff read the article in the "Telegraph" he, did his best to minimise the damage by removing posters which were being shown to the publie by news vendors and he also went to the Broadcasting Office and asked that a message be broadcast to the public to the effect that the advertised exhibition would take place at the Lee Theatre. Plain- tiff had spent about $1,000 in pro- moting the exhibition and expected
THIEVES FALL OUT
Three unemployed men, Lo Tak- Kwong, 23. Cheung Lan-ylu, 21, and Wong Yau, 31, were brought before Mr. W. Schofield at the Central Magistracy yesterday on charges of house breaking at No. 90, Con- naught Road West, where they stole 28 sacks, and at No. 299. Des Voeux Road. West, where they stole a quilt and a blanket.
Detective Sub-Inspector Johnson who prosecuted sald that about 1 a.m. on February 28, frst defendant reported at No. 7 Police Station that he had been assaulted by the other two defendants.
He was sent out with a detective 'to locate them, and they were taken back to the Station where all three admit- ted that they were responsible for having, participated in a series of 1 thefts at godowns.
Before calling plaintiff to give evidence, Mr. She mentioned that the plainlff was very deaf.
Mr. Potter: I am also a little
Boxing
Witness was, shown a similar ad- vertisement published д the -sam safe US-ON B¤NO.. ten in similar tone to that which was published in the "Telegraph" on the same evening.
Mr. Potter: Why have you not brought action against the China Maji?
Eis answer!
Lordship: What is your
Witness hesitated and his Lord- ship remarked he would record that the witness could not explain why.
Witness said that he did not know that two Press Association messages
despatched to Manila saying that the aghts were. off.
1.
were
TWO LETTERS
Witness admitted the contents of two letters handed to him by Mr. Ildefonso at the American Express Company on the afternoon of June 1. In one letter Dr. Ylanan stated that unless an informal exhibition was arranged and no charge was made he would not allow his box- ers to take part as it might jeo- Dardise their amateur status.
Witness, cross-examined further
to bring an action by Mr. Potter. admitted that he threatened against Mr. Ildefonso for breach of "contract. A solicitor's was written but that was all.
Jetter
"OUR BUSINESS" Mr. Potter, at this stage, sub- mitted that the case should stop at once, and urged that the plain- tiff had completely failed on all paints. The defence had not been told about the alleged malice. There was the advertisement and the article published also in the "China Mall." It is our business, said counsel, to see that the pub- ilc is not misled. Counsel added that he was no suggesting any improprietry against the plaintiff. The advertised exhibition did not take place.
Mr. She submitted that Mr. Plaintif in the course of his evidence, said that he was intro- Potter had failed completely in duced to Dr. Ylanan, head of the his arguments to distinguish be- tween an exhibition and the pro- Filipino World Olympic
gramme of an exhibition. The ex- delegation, on board the ship. Mr. Ildefonso was present also two hibition did take place and the Press representatives one of whom Filipino boxers participated. The witnessed recognised as a reporter statement published in the "Tele- of the "China Mall" Nothing was graph" on June i was untrue. It was unnecessary for plaintiff to decided and later at the Kowloon Hotel, Dr. Ylanan said that he produce evidence to show general to give loss of business. Also the reporter would allow his boxers exhibitions among themselves only.nover ascertained for a fact whe- Witness added that he read the thur the exhibition was on or off. article in the H.K. Telegraph after 2. pm. and the whole thing was wrong. As it was a holiday and there was only one edition of the paper witness did not go to the Editor to correct the report.
The gate receipts that. night amounted to only $300.
Mr. Potter: If you had not read the article in the "Telegraph" would you have made any broad- cast?-No.
Mr. Potter: Then the public would have gone to the exhibition and would have been disappointed. Witness: I had the right to
substitute.
TOO LATE
"Mr. Potter: Why did you not inform the Press that there had been a variation in the program- me? It was too late.
DEATH OF PRISONER
An Inquest into the death of a prisoner. Hal Hing,, who died in Victoria Gaol Hospital on Friday morning, was conducted by Mr. H. Keen, sitting as Coroner. at the Central Magistracy yesterday, with the assistance of the following jury:-Messrs. A. McKellar (fore- man), D. Peoples and C. J. Triggs. Chlet Warder Barrett testled that the deceased was serving & term of three months' hard labour. Dr. G. Ingram Shaw stated that the cause of death was pulmonary tuberculosis, and secondarily, liver abscess.
A verdict of death from natural causes was returned,
It appeared DANGEROUS DRIVING
that the assault. was the con- sequence of unfair division of share of the spoils.
All three defendants were sen- tenced to four months' imprison- ment and additionally fined $1 or two weeks, 33 or one week and $2 or one week. respectively.
PICKPOCKET CAUGHT
Summoned before Mr... W. Scho- feld at the Central Magistracy yesterday for dangerous driving, Cheng Wah-cheuk, private car driver, was fined $25. Traffic Sgt.
Youe said that defendant' was ́ driving along Des Voeux Road on February 15, and suddenly swerved into Douglas Street, cutting across the front of an ambulance. --
THE FINDING
His Lordship said that he did
not think he need go further than to say that the exhibition as ad-
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vertised did not take place. There FINED AFTER A
was a series of contests and ex- hibitions that night but there were none between "the Filpino He fistics and local luminaries." could not draw the conclusion that the article was untrue. .He felt that in the light of the trend of the arguments he could not ac- cept. Mr. She's submisstone and there had been no attempt made by the plaintif to show that the article published showed any malice in law. There was no reason why the case should not be stopped at this stage and his Lordship ac- cordingly entered judgment for the defendants with costs.
FORGED PASSPORT
Appearing on remand before Mr. K. Keen at the Central Magistracy yesterday, for a breach of the Passport Ordinance. Agnes Pay- lovna Strotkina, ullas Huber, was fined $25, and $100 or six weeks' T additional Imprisonment on charge of having a forged pass- port
Defendant possessed & Swias passport which she bought from a man for $100, and she was also a holder of a Chinese registration Certificate. She arrived in Hong Kong from Canton on February 25 and had been staying at the Luk Kwok Hotel until she "reported to the Registration Office on February 27.
The prosecuting officer asked his Worship to take a serious view of the case as there had been a num- ber. of forged passports in circula- tion among the Russian community in Shanghai, ..
WIDOW IN TROUBLE
"RAG"
Governor-General's
Son In Court
Two Oxford undergraduates, the Hon. Alastair Francis Buchan, 18- year-old son of Lord Tweedmuir. Governor-general of Canada, and Alastair Grey Spens. Campbell., aged 18, were told by the Windsor magistrates that they ought to be ashamed of themselves, states the "Evening Standard.”
They were accused of stealing two hurricane lamps, belonging to Windsor Council, and Camaging them.
They were fined £1 each for the damage and ordered to pay 9s. to meet the cost of repairing it.
Mr. Buchan's address was given as Eisfield Manor, Oxford, and Mr. Campbell's as South Clif-avenue, Eastbourne.
Chief Constable Carter said that there was no doubt that the two young men had no intention of stealing the lampa, but only took
them for a rag.
He therefore asked if he might withdraw the charge of theft.
The young men had obviously been drinking and had used the lamps in an attempt to direct tramc in Windsor High-street at midnight. When they got tired of doing this they smashed the lamps against some railings.
Both the men pleaded guilty, and the Bench withdrew the theft. charge.
SENT TO SESSIONS
*Tel. 80988.
MOTOR DRIVER FINED
Collision In Wanchai
A fine of $30 was imposed on Wong Yun-chung, a public car driver, when he appeared before Mr. W. Schofield at the Central Magistracy yesterday on a sum- mons of driving his car in a dan- manner. having caused gerous considerable damage to public pro- perties.
It was stated that defendant was driving along Queen's Road East on February 7, conveying two Beaforth. Highlanders to a certain destina- tion.
While nearing the Naval Dockyard, defendant suddenly last control of his car and bumped into a tram standard and; as a result, caused injuries to himself and the occupants.
Subsequent to the crash, his vehicle was partially damage, and the street lights round that area were fused.
Wong pleaded that the accident was due to his trying to avoid a man who was in the road picking up cigarette butts, and claimed that he was going about 20 miles per hour, contrary to the state- ment given by the prosecuting officer who said that defendant was going at a speed between 30 and 40 miles per hour.
GAOL FOR ADDRE
HOUSEBREAKER
Appearing before Mr. W. Scho- 'field at the Central Magistracy yesterday on the charge of house Appearing before Mr. Macfadyen
breaking at No. 7, First Street, at the Kowloon Magistracy yester-
second floor, where he stole a day morning, on the charge of
quantity of electric, wire and at- having in her possession several counterfeit Ave cents plecta, 'and Further formal evidence was tings, and also for the possession uttering same knowing them to be given in connection with the case of unlawful instruments. Lo, Ping, counterfeit, Chiu Lot Ho. widow, in which Leung Chung, a 25-year 37, unemployed, was sentenced to pleaded that she did not know they old unemployed was charged with six months' imprisonment, were counterfelt coins. Inspector the uttering, and the possession of Detective Sub-Inspector Johnson Cunningham naked for 48 hourse forged $5 Hong Kong and Bhang-stated that on February 27, defen- remand so that he could go further hal Bank note, before Mr. W. Scho- dant was actually seen breaking. field at the Central Magistracy, the door by a lodger who informed into the case,
yesterday.
the police, and he was arrested in 'Defendant was committed to the flat.
Defendant had a previous ‘eon- viction. his speed was about 50 miles per stand his trial at the next Criminal
gessiona.
SPEEDING CHARGE Unsuccessful in his attempt to cscape after having extracted a
Trang Wing-chúa puble ear purse from a pedestrian in the street on Monday, Lo Kau, nem-driver, was ordered to pay a fine ployed, was sentenced to six of $25 when he appeared before months' imprisonment by Mr. W. Mr, W. Schofield at the central a sum- Schofield at the Central Magistracy Magistracy yesterday on
mmons for dangerous driving along yesterday.
Defendant was arrested by the Queen's Road East Sgt. Clark owner bf the purse while trying to stated that defendant was convey
ing sailors to a football match and hour. conceal, the purse with his hat.
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