JUDGMENT RESERVED IN EMPORIUM TEST CASE
Judgment was reserved by the Puisne" Judge. Mr. Justice R. E. „Lindsell, at the conclusion of the hearing: In Summary Court yester- day of the lest action, stated to involve over $40,000, in which the China Emporium, Ltd., were defendants in à claim for $465.47 AN bulance of wages due to Cheng Pik-sun, 's former employee.
"
Plaintiff was represented by Mr. 1$75.000, in January 1938, when the W. A. Mackinlay, while Mr. M. W. cut was in force. it was roughly Lo appeared for the defendant $89,000. Witness denied that there company.
could have been an increase.
The claim was for balance of
wages said to be due to plaintiff It was alleged that some time la August, 1934, It was verbally agreed between plaintiff and defendant that as from August 31, 1936 sum equivalent to 20 per cent of plaintiffs wages would be retained
Following submissions by both parties, His Lordship said there was an important point which ap- peared to have been missed. He recalled Mr. Chan Harr and asked him to look at a copy of the minutes of the standing committee, which said that when the com-
HONG KONG DAILY PRESS, WEDNESDAY, MARCH 16, 1938.
Harbour Opium Seizure
DANISH SEAMAN. AND CHINESE CHARGED
BREWERY CASE SUCCEEDS
Nominal Fine Imposed
SOY IN BEER BOTTLES
“BLACK-OUT” `.
SEQUEL
Motorists Fined
As a sequel to the recent "black- out." several motorists were sum- moned before Mr. H,R. Butters ati
NEW BARRISTER ·
ADMITTED
Mr. Pun Yan hoi
Will Fractice Here
"The Hong Kong Brewery and bottles of soy from the defendant Distillery, Ltd., Dina, House, Duddeḥ Į Arms.
"It gives me very great pleasure Street, were the complainants yes- All the bottles bore, the marks the Central Magistracy yesterday to accede to the Atterney-Gen- terday in the case in which three of the Hong Kong Brewery and for falling to comply with re-eral's request and to admit you to local firms, the Tsun Yat Company, Distillers, Ltd.
gulations...
practise as a barrister in the local Nos. 7, 8 and 9, Belchers Street,
DEFENCE:EVIDENCE Jans Krajberg Nielsen, 25, Danish Kennedy Town, the Wo Chang Co.,
For failing to screen his lights, bar of this court." With these First defendant, master of the R. Kole was fined $10. assistant engineer of the ss. Mut 49, Hennessy Road, Wanchal, and Wo Cheong Arm, in evidence, sald
words, spoken by the Chlef Justice, Traffic Inspector S. C. Saunders Sir Atholl MacGregor, Mr. Pun Nam, and William Lal, 27, second the Tung On Loong firm, 28. that he bought the bottles from the stated that defendant made no Yan-hol was admitted as a barris- compradore of the same vessel. Queen's Street, were summoned be- Tsuen Yat Company and when he attempt to screen his headlights. ter at the Supreme Court of Hong were charged before Mr. K. M. A fore Mr. R. Edwards at the Central received the summons he at once Fines of $10 each were imposed Kong yesterday. Barnett
Court Magistracy for having on various called upon the Tsuen Yat Com-similarly on St Tak-choy. Sin yesterday for having 200 tacs of dates, in their possession for the pany who assured him that they ping-sum. Sing Chiu-sow and H.A. Mr. C. G.
Moving the application, the Hon. Alabaster, Attorney- prepared opium, valued at $18,000, purpose of trade, goods to which would undertake all responsibilities. Pau
General, said Mr. Pun was educat- in their cabin,,
a false description, that of the Admitting selling two bottles of
Kwan Hok-nin was fined $15 for ed privately in Hong Kong and Defendants were arrested at 1.30
went to England in 1932. entering and Distillers, had been applied.
Oxford the next year. In 1936 he Mr. D. B. Evans appeared for the
graduated with the degree of B. A.. complainants and the defendants
having been called to the Bar in were not represented
1935.
at the Kowloon
by the company and repaid if and pany made a profit, big or small. p.m.. on Sunday, two hours before/name of the Hong Kong Brewers 303, defendant said that he had no not having obscured his lights,
The Singapore, Three tins containing the the opium were discovered in their had cabin.
Defendants asked for a remand
when the company made profits. a refund would be made to the 'the vessel was scheduled to sall for
Plaint was dismissed on Aug. Jemployees, by instalments. 31, 1938, and "claimed $465.47 as minutes of the meeting" of balance of wages from August 16, board of directors, however 1934 to August 21, 1936.
not the last phrase. "by Instal- ments."
HAD TO MAKE 8 PER CENT.
Mr. Chan replied to the effect Evidence was given yesterday ay that the meeting of the board was Mr. M. Chan Hair, manager of the but to confirm the resolution pass- China Emporium, who said that fed by the Standing Committee. coples notifying the scheme of re- duction of wages had been posted up in the offices and in the quar- ters of his employees.
of 24 hours in order to consult a was
solicitor and granted.
the request
Sgt. B. V. Hutchison is in charge of the case.
Remarking that be wished to have time to consider the facts, as,
ROBBERY CHARGE the case was a difficult one. His
Tsan Kwong appeared' before Mr. Lordship reserved judgment tQ. A. A. Macfadyen at the Kowloon Magistracy yesterday, on a charge of having robbed Feng Yun, assis- tant cashier of the Chung Wah Teashop at 76, Shanghai Street, on the night of February 24.
Accused W15 alleged to have throwing a quantity of sand and time in complainant's-face.
Since the cut In salaries Friday week, W13 Instituted he himself had nut yet made any applica- tion for 3 refund as the com-" pany was not yet making a profit. The company had to be in a post- tion to pay a dividend of 6 per
THEFT ON RAILWAY PROPERTY
1
cent. on principal before it was lbs. of wood oll belonging to the Charged with having stolen 20
Cross-examined, as to why it was/China Vegetable Company at the today at 2.30 p.m.-
considered to be making a profit.
Kowloon railway yard and tres- passing on rallway property, Cheng Ngan. 17. and Chan So-mul, 56.
The hearing was adjourned until
intention of making his customers think that they were buying the
WINDFALL FOR product of the Hong Kong Brewery and Distillery, Ltd.
POOR BOX Ong Sal-cheng. appearing an be- Mr. Jehangir Hormusjee Rutton-half of the Tsuen Yat Soy Com- lee, Managing Director of the Hong pany, stated that on February 27
Benefits From Gaming Kong Brewery and Distillery, Ltd.. the Tsuen Yat frm was bought
Money Seized stated that his firm only produced over by his master. There were
Caught operating a lottery on beer. The old Company went into eleven bottles of soy belonging to the ground floor of No. 29 Gillis liquidation in 1935 and the present the former owners and these were Avenue, Kowloon on March 13, Company was incorporated in 1936, et in the shop. He bought 100 Lo K. Chan Hung. Wu Fan and when they purchased the whole of bottles from a bottle-shop for the Chan Hok-lan were charged be- the business from the liquidators. purpose of refilling with soy. The fore Mr. K. M. A. Barnett at the
In addition to the goodwill, other bottles varied in descriptiori and property including the bottles bear- size. ing the mark of the firm, was in- cluded in the purchase. These bottles. which were used by the predecessors of the firm, had the initials "H B" inside a circle' em- bessed on them and at the base the bottles were marked with the words "Hong Kong Brewers and Distillers, Ltd."
1!
"His firm sold soy with their trade- mark label on each bottle.
"
On October 28, 1933, he. was specially admitted by the Honour- able Society of the Middle Temple. and he had a certificate testifying to his work in Chambers with Mr. Herbert Shanley in King's Bench Walk.
In granting the application, His Lordship said it was always a very Kowloon Magistracy yesterday. pleasant occasion for any occu- Det. Sgt. R. North, prosecuting Pant of the Bench to think that there was another member of his said that a total of $487.03 was seized on the premises, of which own profession added to the al-
"His pleasure was enhanced as
Defendant said that since re- a sum of $191.68 was taken from ready existing number. ceiving the summons. he even re-the tables. fused to sell soy to people who came with similar beer bottles to be re- filled.
All the accused pleaded guilty Mr. Fun had come from his own and His Worship. in Imposing a University. He wished him every fine of $80 on first defendant and success and happiness in his work. fines of $50 each on. the other three accused, ordered the lottery ALLEGED MURDER tickets to be confiscated and the
Cheung Ah-lung, 25, unemployed. sum piccked up from the tables appeared before Mr. K. M. A. put in the Poor Box. mainder of the money was
The re-Barnett at the Kowloon Magistracy reyesterday, on 週 charge of the murder of a woman, Li Ying-mui, while travelling on a Mongkok ferry
Tong Sang-kee, manager of the Tung On Loong firm, said that the Witness stated that since he took bottles he had in his possession that, though the standing com-
over the whole concern. he used were sold to him last year by the mittee of the Company did not
the old bottles for the beer dis-Tang Hua Company Tam Hung-chuen and Wu Shine. tilled by him. He was not doing After hearing the evidence. His meet til August 9, 1934 and the scheme was not due to come into appeared before Mr. K. M. A. Bar-were each fined $50, in default, two any other business besides beer. Worship remarked to the defen- turned to Lo Kl. force the 18th of the month nett at the Kowloon Magistracy months' hard labour when they witness stated that there had been dants that the prosecution had
yesterday. Defendants pleaded appeared before Mr. H. R. Butters a previous prosecution for the same brought out their case that the the defendants, whereupon Mr. on the night of March 12. Inspect guilty and were each fined $150 or at the Central Magistracy yester- three months on the first count day. charged with the possession
bottles in question were the pro- Evans requested the magistrate to tor A. E. Carey was in charge of His firm had advertised exten-perty of the Hong Kong Brewery impose a fine, because" the filling the case and applied for a remand and $10 or one month on the of treewood.
sively in both the local Chinese and and Distillery, Ltd. second.
of bottles with soy is a thin edge of one week, which was granted. English language newspapers warn Mr. Evans then applied for an of the wedge. We might get Chi-
order to return the bottles in ques- nese wine or anything else."
At the Central Magistracy yes tion to the owners, in case some In imposing a nominal finé of $1 terday Chung Wong Yau. bus cther person should in the future on each of the defendants, the driver, was fined $5 for sounding again use them for the same pur- magistrate said that on his inter- bis horn unnecessarily in Pedder
pretation of the law, the prosecu- Street.
he had issued notice that it was start from August 1, witness sald that was a clerical errOT.
IMPORTANT POINT
In further answers to Mr. Mac- kinlay, witness sald, the company must have saved about 12 cent. In valaries by the cut.
per
offences.
A fine of $250 was imposed by ing against the use of his firm's Mr. H. R. Butters at the Central bottles for other purposes of trade. Admitting that he drove a lorry Magistracy yesterday on a carpen-The advertisements were still being belonging to the Hong Kong Elec-ter. Yim Woo, who was arrested Inserted in these newspapers. tric Company, without "due care at Smithfield Barracks. Kennedy Cheng Choo Foo stated that he pose. Mr. Mackinlay, asked why it was and caution on March 1. Yun Yee. Town. in passession of 85 catties of was employed as a clerk by the Fis Worship remarked that he ton had succeeded, and warned de- J. Middleton-Smith was fined- that, whereas before the cut the driver, was fined $15, at the Cen-treewood. Defendant admitted Hong Kong Brewers and Distillery, did not think that it would be feridants against recurrence of a $5 for causing an obstruction with wage bl amounted to roughly tral Police Court yesterday.
three previous convictions.
Ltd. He testined to purchasing necessary to impose a penalty on similar offence.
his car in Duddell Street.
remember "NEARLY SAME" WON'T DO
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