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TAYLOR POWELL
HONG KONG DAILY PRESS, FRIDAY, JANUARY 28, 1938.
HEROIN PILL
FACTORY
Accused Committed
To Sessions
Wong Hol," 37, Wong Kam, 30. gardener, Yuen Sung. 38, "widow, and Ng Tuet, 29, cook-boy, were committed by Mr. C. B. Burgess, at the Central Magistracy, yesterday to stand trial at the Criminal Scasions on a charge of possession of '80.000 heroin pills at "High House," Mt. Davis Road, on Janu- ary 9.
Mr. J. Whyatt, Asdatant At- torney-Generül, prosecuted.
PLANT ALLEGED
At yesterday's hearing third ce- fendant, Yuen Sung, sald that Wong Hoi was a friend of her hus- band's. She had gone to the house to see him about money she had given him to buy salt ish. While In the house, she was handling the board used for counting the pills when the police came.
to
BREACH OF CONTRACT ALLEGED
$17,500 Claim Against Central Theatre
Arising out of the Original Jurisdiction action instituted against- Ng "Pak-po, proprietor of the Central Theatre, by the Unique Film Production Company, claiming $17,500 damages for breach of con- tract by falling to exhibit the talking picture, titled “Tak Mut Kwai"- ¡Poisoned Rose) for seven successive days commencing from Febru- ary 4. 1935, the question of whether or not plaintiffs had the duty to disclose that an adverse claim for the copyrights of the' film had been made against them, before entering into contract for its ex; hibition, was argued, in full legal detail, before His Honour, Chief Justice, Sir Atholl MacGregor, in the Supreme Court yester- day.
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ま
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The plaintiff company was, represented by Mr. Eldon Potter, K.C., instructed by the Hon". Mr. M. K. `Lo, whilst Mr." H. C, Mac- namara,. Instructed by Mr. W, A. Mackinlay, conducted the case for the defence.
It was stated that the contract was signed on February 4,"1935. and subsequently the film, was de- Hvered to the defendant.
NOT DISPUTED
The plaintiffs title to the film. Mr. Potter continued, was not dis- puted, and it was, therefore most remarkable that the Court was now asked to say, simply because some gentleman had made a claim th"the" performing rights of it, that it was 'the duty of plaintiffs
Making no denial of the con- tract, the defence pleaded that the reason for refraining from ex- hibiting the picture was that a letter had been
from received Messrs. Wilkinson and Grist, solito disclose that claim. citors for one Lee Hy-lap. since decensed, two weeks prior to the signing of the contract, threaten-
Ng Tuet in evidence, said that after Mrs. Potts had gone Fanling on the Saturday, he went out and met a friend who asked him whether he could put him up for the night. He agreed and took him to Mr. Potts' house. The para-ing legal proceedings, if the Alm phernalia found was not his and he knew nothing about them.
KING'S
Broadway Melody of 1938
with
GEORGE MUREHT - BINNIS SARMES - BUDDY EBSEN SOPHIE TUCKER STUDY GARLAND · GRARLES ICOR CORİN - RAYMOND WALBUTH ROBERT BENCHLEY • WILLE NOWARD - CHARLEY GRAPEWIN
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OF THE FAR EAST
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were showed,
The defence further contended that plaintiffs were aware that a claim to the ownership or Be forming rights of the film had been made against them by Lee. previous to making the contract, and that had defendant known of this he would not have signed the agreement.
A counter-claim for the recision. of the contract was also put for- ward by the defence.
KNOWLEDGE' DENIED
Mr. Potter stated that his clients absolutely denied knowledge of the adverse claim -by. Lee, but even assuming that they had. he con- tended it was not their duty to disclose it.
With reference to the pleadings of the defence, Mr. Potter stress- ed the point that there was not a single suggestion in them of mis- representation, either fraudulent or unintentional. They contained merely a plea that the contract was resisted on account of plain- tifs having committed a breach of their duty by hot disclosing the adverse claim
The fact that plaintiffs con- cealed the claim, remarked Mr. Macnamara," was a misrepresenta- tion, regarding which His Lord- ship said that he saw no mention of it in the pleadings."
ALLEGED
GUNMEN
IN COURT
|
"Mere silence is not equivalent to misrepresentation." he re- marked and went on to say that the duty to disclose the adverse. claim was dispensed with when one was able to carry out the con tract: He then quoted a number of authorities in support of this
Mr. Potter concluded that the pleadings of the defence were no defence whatsoever, at the same time pointing out that there could not be any recision of the con- tract because there was no mis- representation
FUT INTO TRAP Emphasizing the point that his client was entitled to know the risk he would have to take if he were to show the film, Mr. Mac- namara said that it must be the duty of plaintiffs to disclose the
claim.
In fact, he continued, as a re- sult of the concealment, defen- dant had been 'put' into a trap- either to exhibit the film and be sued by Lee or to repudiate the contract and be sued by plaintiffs.
Defendant was not in a position to foretell whether Lee's claim was a good one or not, and there- fore the fallure of plaintiffs to disclose it must result in the re- cision of the contract, concluded Mr. Macnamara.
His Lordship stated that he would reserve judgment, adding that he would give it in writing in due course.
,
28 PERSONS
INJURED IN
THE STREETS
Attempted Shootingcluding the Island. Kowloon and
Charge
In the Colony of Hong Kong in-
the New Territories during the week ending 8′ a.m. on Saturday, January 22, there were altogether A number of Chinese were 61 traffic accidents, as the result of brought before the Magistrate at which 28 persons were injured: - Central Magistracy yesterday Of the persons injured. 18 were charged on various counts at rob-" pedestrians, who were either walk- bery, attempting to do grievousing or running across the road and bodily harm and unlawful posses- were struck by vehicles. sion of arms and ammunition.""A remand of 48 hours in police custody was ordered in all the cases, for further enquiries,
--- Five bus passengers and a tram- car passenger were injured while alighting from moving motor buses and a moving tramcar, respective- ly.
Three passengers of a private car were injured when their vehicle rar into a tree.""
One'blcycle rider was injured through failing from his machine while in motion.
A bicycle rider was injured as the result of a collidori between two vehicles.
A private car driver was injured when his vehicle overturned.
Ng Kwok-ping, "38, unemployed, was charged before Mr. C. B. Bur- geas with (a) attempting to shoot one, Yip Tin, with intent to do him bodily harm on January (27; (b) possession of a revolver and some rounds of ammunition; (2) rob-. bery by two or more" at Tal On Terrace on January 27; (d) assault with intent to rob at No. 250 Hollywood Road, ground floor, on January 22. The case is for com- mittal to the Semiona. Detective slons between vehicles; 22 were Of the 61 accidents. 24 were col- Sub-Inspector Whant prosecuted.
Before Mr. R. A. D. Forrest, Yu. collisions between vehicles and pe- Wal, aged 27, was accused of rob-destrians; and 15 accidents were
due to other causes. bery by two or more on January 9. at No. 42, Lockhart Road, third door, with others' not in custody, when one Ma Lap-pak was robbed of $810, a gold ring valued at $70 and a metal wrist watch valued at $5. This case will also be taken for committal
Chu Sun-cho, 30, and Chu Bam, 24. appeared before the same Ma- gistrate charged with possession of two revolvers. 23 rounds of am munition, and two daggers. De tective Sub-Inspector W. Darrin prosecuted in the last two cases,
HEROIN PILLS Arrested in Johnstone Road on Wednesday with 4,849 heroin pille in her possession, Lam Chol-ho, 361 widow, was brought before Mr. R. AD. Forrest at the Central Magis
CORRECTION
In our report yesterday of the proceedings in the Bankruptcy Court: In connection with the bankruptcy of the Wing Hosfery Mills, appeared the following pass- age "In 1933 there were four part- ners-Wong Hi-lam (managing partner), Wong-Chuk-man, Wong Tong-chu and witness himself."
The legal representatives of Mr. Wong Chuk Man have informed us that the name” “mentioned was Wong Thit Tong ad nối Wong Chuk Mang tak anijeti
We regret the error...
tracy yesterday, and was fined $100, or three months' hard labour, on a charge of possession of dan-| gerous drugs, **
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