KING'S THEATRE
DANCING DISPLAY
By the Pupils of O'Keefe- Montgomery School of Dancing
and
.
DEMONSTRATIONS BY
MISS KATHLEEN GLOVER
and
Members of the Women's League of Health and Beauty Under, the Distinguished Patronage
of
LADY NORTHCOTE
Wednesday, March 2nd, 1938, at 5.10 p.m.
TAMI
Part of the proceeds to be given to EARL HAIG'S FUND FOR
DISABLED SAILORS AND SOLDIERS. Prices $4, 3, 2 & 1 Children Half Price. BOOKING OPENS AT KING'S THEATRE ON MONDAY, 21st FEBRUARY, 1938,
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• IN LESS THAN
TWO WEEKS CUTICURA CLEARED MY
SKIN. IT'S THE BEST TREATMENT
! HAVE
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HONG KONG DAILY PRESS, WEDNESDAY, FEBRUARY 23,
J
OF CONTRACT
$17,500 BREACH
CLAIM SUCCEEDS
Theatre Proprietor Sued By Chinese Film Company
NO OFFENCE IN LAW
Arising out of the Original Jurisdiction action instituted against Ng Pak-to, proprietor of the Central Theatre. by the Unique Film Production Company, claiming $17,500 damages for breach of contract by failing to exhibit the talking picture, "Tuk Mul Kwa (Poisoned Rose), for seven successive days commencing from February 4, 1935, Judgment for the plaintiff company on the clain and counter-claim, together with costs of the issues, was de livered by the Chief Justice, Sir Atholl MacGregor, in the Supreme Court yesterday.
CITY SNATCHING
INCIDENT
1938.
Texas Employee Loses Bag While Inspecting
Face Creams
FATAL MISHAP RECALLED
Private Car Driver Discharged MAGISTRATE GIVES
II.
REASONS
On Friday last Cheung Chiu-to,
DUMPED BODY OF SMALL-POX VICTIM
WHY PEOPLE FEAR
TO
NOTIFY
Woman Charged
-"Į was too atupeßed by his death-
22. private car driver, was dis- to report. I don't know the re- Pleading not guilty to the charge charged by Mr. R. Edwards atgulations," pleaded Wong Nal. 51- of stealing a hand-bag from Miss
A Wright, of the Texas Oil Com. Central Magistracy on a charge of year-old widow, when she appear- pany, in the Colonial Dispensary driving without due care and cau-ed on remand before Mr. R. AD. on Monday, Wong Cio-leunf. 25.
Forrest at Central Magistracy yes- umemployed, was convicted after evidence had been taken.
tion.
The charge had been brought by terday, charged with dumping the Complainant said she was in the the police following an accident in dead body of her child and fall- Dispensary looking at some face King's Road when a girl was
The plaihuff-company was re- which was duly delivered to them presented by Mr. Eldon Potter, by the plaintiff company. KC., instructed by the Hon. Mr. At the tube of the making of M. K. Lo, whilst Mr. H C. Mac- the agreement the defendant was
She chased him, calling out at namara, instructed by Mr. W. A. not aware that an adverse claim Mackinlay, conducted the case for to the copyright and performing the same time, and he was even the defence.
rights in the picture had teen tually caught in Des Voeux Road I was stated that the contract made to the plaintiff company by
STOP HIM! between the parties was signed on a third party.
M
Mr. J. R. G. Wyatt, of the Har-
}
[:
ci cams, She had left her bag on knocked down and fatally injured to notify an infections dis- the counter and when she turned by a car, driven by Cheung, just ease, round she saw defendant running after she had alighted from
Defendant also stated she did not think the Government would out of the shop and noticed that tramcar...
Yesterday His Worship, declared take in and treat cases of small- her dag was missing.
that his reasons for dismissing pox. the case. as given in a certain
Inspector A. Wright asked His section of the Press, appeared to worship to give a warning from be no reasons at all. He wished to the Bench to notify all such cases. make them clear.
The police were only too "glad to "My reasons were as follow," His help people if they would but all such cases. Re Worship sald. "I did not accept notify the evidence given by the tram believed they were afraid conductor that all three children primarily because they did not dashed across the road. The want their relatives to be taken to evidence of the elder sister of the hospital.. deceased girl was that after get- ting of the tram she stood there sald some people feared the dis- Sanitury Inspector L W. Macey facing the tram, Intending to cross to the wall-side of the road. was why they made no report. In Infecting of their houses and that latter/She made no attempt whatever to the present case defendant had
voice
to
January 14. 1935 and subsequent- There is no suggestion here ly the film was delivered to the that the contract between the bour Office, said he was walking defendant. The defence did not parties 13 other than an ordinary up Pedder Street near Jardine's deny the contract, but pleaded contract, and Mr. Macnamara, on when he heard a lady's
He saw de that the reason the film was not behalf of the defendant to justify shouting "stop him!" exhibited was because a letter had his client's claim to recission offendant running on to the pare- been received from Messrs. Wil- the contract, must satisfy me that ment, slip and fall, and at the kinson and Grist, solicitors for there has been a misrepresenta same time a bag drop on to the one Lee Hy-inp. since deceased,tion by silence. His case for the pavement.
Mr. Lau Man-cho. Chinese two weeks prior to the signing of jpurpose of this argument must be the contract, which claimed the "the plaintiff company. by con- Journalist, said he made to inter-
when the cepyright and threatened legalracting with my client held itself cept defendant
the man cross to the sea-side. This differ- proceedings ir the Alm were out as having a title to the pic-ran towards him, but shown, as they claimed the copy-ture and able to give us per- eluded his outstretched hand. He ed from the evidence given by the more or less been ordered out by rights.
forming rights. Being aware as put his foot out and tripped the tram conductor. they were of an adverse claim by man.
the same evidence. He said the
much at fault
29
the principal tenant of the fiat.
His Worship sald the principal "The younger brother also gave tenant appeared to be just as defendant in elder girl was standing facing the falling to report, and he instructed tram, and the younger sister (de- ceased) was some way behind. His against her. As for defendant. that a summons be taken out evidence was that this girl sud-she had already been in custody
Mr. Lau: "I said that after his denly dashed across the road for a week, and, he would dis-
WOULD NOT HAVE SIGNED The defence contended that a third party they were bound to TRAITOR FROM SHANGHAI a claim to the ownership or per- disclose that fact to us. By con-
In cross-examination defendant forming rights of the film had tracting with us they had made
us and said: "This is the man who, o been made against them by Lee, certain representations to
com seeing me, accused me of being previous to making" the contract, they were under a duty to and that had 'defendant known of municate to us a fact so material traitor, from Shanghai."
claim advanced- this, he would not have signed the as the adverse
"The evidence of both children charged her with a caution. agreement.
Their failure to, disclose entities us arrest."
Defendant gave evidence on his was given very well and in a reli- to the recision of this contract"
the own behalt He claimed that he able
Defendant's own! by What representations plaintiff company is one entitled was not the man who snatched story was consistent with this. In re, to imply from the fact that theyMiss Wright's bag, as he was dis- the circumstances, whatever sign she laid it down to cry for help: A counter-claim for the elssion of the contract
also they entered into
lack of care there might have been W33
this contract eased and could not possibly run.
In with the defendant?
convicting That they
defendant. His on the part of defendant. I did pu, forward by the defence.
Plaintiffs denied. knowledge of had a title to the picture and its Worship remanded him 48 hours not consider it sufficient to justify the adverse claim
a conviction against him." but performing rights, and that they for medical examination. by Lee. submitted that even if they had were in possession of the film and knowledge. It was not their duty could deliver it to the defendant.
o discose it.
The defence further submitted that it was the duty of plaintiffs to disclose the claim.
JUDGMENT
There is no evidence whatsoever that any one of those representa Holding that there was no mis-tions was not entirely true.
plaintif representation by the
The conclusion to which I have
company which would entitle de- come is that on the facts before fendant to rescind the contract, me the statement of defence, fled His Lordship. In his judgment. on behalf of the defendant dls- said inter alia:
closes no offence in law, nor is there on these facts any misre-
The plaintiff company and the defendant by an agreement dated presentation by the plaintiff com- January 14. 1935, contracted that pany
would
established which
the defendant should exhibit for entitle the defendant to the seven days མ talking picture recission of the contract.
་་
REASON FOR EXTENDED "BLACK-OUT"
ACCUSED ALLEGES
FRAME-UP
Charged with armed robbery at a house in Shekulung Street, when a woman. Tam Yuet-loy, was rob- bed of money, jewellery and cloth- ing. Tong Tak was committed for!
Necessary Lights To trial at the next Criminal Sessions
Be Screened
The reason for the "black-cut" practice between 7 and 11 p.m. on Monday next is not, as many per- sons thought. during the first ex- periment, that it was necessary to éxtinguish all lights as it was the eastest and safest way to avoid
by Mr. K.M.A. Bärnett at the Kow- loon Magistracy yesterday.
It was alleged that the defen- dant, with others, entered the premises on the pretence of look- ing for a friend and then bound and gagged the inmates. After ransacking the place, they de camped with the property. De- fendant was arrested on January 23.
Defendant, giving evidence, offending, but to see how black denied that he had taken part in the Colony can be made during an the robbery. He stated that he extended perlod during
normal life continues.
which had been in Hong Kong for 22 years and was engaged in knit- ting woollon goods. He alleged "We want to see how black we that the whole thing was a frame- can make the town," explained up.
to
Mr. W.R. Scott, Chairman of the Cross-examined by inspector A. Air Raid Precautions Committee. E. Carey, who prosecuted, witness a Daily Press representative admitted that he had been point- yesterday: "for the, normal state ed out by the complainant as one Of affairs in wartime, without of the men who had robbed her causing too much inconvenience to and that the article were found the general public,”
in his house.
For this reason; it was explain- ed, persons are urged not to cancel their functions on Monday night. but to carry on under slightly abnormal conditions which would, however, become normal condi- tions during wartime, by having all necessary lights screened in such a way that, they do not show
RACE COURSE PICKPOCKET· IMPRISONED
Pickpockets continue to be ac-
to persons looking down on the tive in the Race Course. In one Colony from planes. i.
case brought before Mr. R. A. D.
It has been notified, that owing Forrest at Central Magistracy, yes- to the black-out", exercises on terday, Pul, 25-year-old unem- Monday next, all ships entering ployed man, was sent to prison for the waters of the Colony on that three months for stealing three night" are required, to darken so school receipts from a.....young that no lights are visible, other student,
than navigation lights, The, light- On an additional charge of re- houses, will function as-sual but turning from banishment he was Victoria and Kowloon will be in given another six months hard darkness.
Tabour.
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Defendant had previously plead- ed not guilty to the first charge. saying the child was alive when
Inspector Wright accepted this
ed on this count.
plea. She was therefore discharg-
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