PAGE 2-HONG KONG DAILY PRESS
SANDEMAN
SHERRY
& PORT
Obtainable everywhere.
ན!་
THE TAIKOO DOCKYARD & ENGINEERING COMPANY OF HONGKONG, 'LIMITED.
BUILDERS OF ALL GLASSES OF SHIPS. BUILDERS OF RECIPROCATING STEAM ENGINES. BUILDERS OF MARINE AND LAND BOILERS. BUILDERS OF TURBINE MACHINERY
Under Licence From Messrs. Parsons.
BUILDERS OF DIESEL ENGINES
Under Special Licence
From Messrs. Sulzer Bros., Winterthur.
Licensed To Manufacture Lanz Perlit Iron, Specially Suitable! For Internal Combustion Engine Working Parts.
DOCK & SLIPWAYS.
FOR DOCKING VERY LARGE, AS WELL AS SMALLER VESSELS, ON ANY TIDE
ALL CLASSES OF SHIP, ENGINE AND BOLLER
REPAIRS AND EXTENSIVE
WELDING, BOTH ELECTRICAL AND OXY- ACETYLENE. SKILFULLY AND PROMPTLY
• CARRIED OUT.
BUTTERFIELD & SWIRE. Agents,
HONG KONG, CHINA & JAPAN.
TEL ADOLIG: "TALLOONOCE," HONG KONG. TELPROF: 30211.
CALL PLAY, "NUMERAL ONE" Over “ PINNANT ANI.
Get rid of
Disfiguring
Blemishes
this
Easy Way.
Cicanse the skin with Cuti- cura Soap twice a day. Its luxuriant and mildly antiseptic lather is soothing and softening: washics away pore-deep dist which causes blackheads, en- larged pores and ugly com plexion defects.
Nothing can be more distract ing to a woman than ugly pimples, burning irritations or patches of blackheads or en larged pores on the face or neck Some resort to heavy powdering in an effort to hide them; whilst others cause the skin become muddy-looking, coarse and, blemished by usingTo rid the skin of pimples,
to
the wrong treatment.
To make your skin clear and cleanse clogged healthy, to facial pores, remove blackheads and pimples and to make your complexion clearer and smoother, use Cuticura.
skin outbreaks, rashes or irrita" tions use Cuticura Ointment direct on the affected part before, washing with the soap. Its anti- septic action kills germs, soothes, and heals and quickly clears the
skin.
Cuticura
For Clear Healthy Skin
Chemists and Stores Ask for Caticara Soap and Cuticura
And for powder ase Cuticura Talcum exceptionally fine
shirt and pure exquisitely perfumed
COURTS
TUESDAY, MAY 3, 1938.
LIDO DANCING ACADEMY SCHOOL MASTER THURLAND CASTLE RUNS
LOSES TEST CASE
Performing Rights Society
Awarded Injunction
Judgment for plaintiffs with costs was given by the Chief Justice, Sir Atholl MacGregor, yesterday in the action brought by the Per- forming, Rights Society, Ltd., for an injunction to restrain: Denis Poudris, also known as Denis Victor, proprietor of the Lido Dancing Academy, from performing in pubile certain musical works the copy- right of which is vested in them.
Plaintiffs were also awarded damages, for infringement of three such works.
BOUND OVER
Chastised Boy Too Severely
Tang Ngan, married woman, ap- peared as 'complainant befora. Mr. H R. Butters at the Central Magistracy yesterday when Д school teacher. Chung Tin-yee. was charged with assaulting her 7-year-old son.
It was stated that the boy ran home from school one afternoon after being scolded by the defen- dant His father later took him
This case, in the nature of a of which was vested in it. No ap-back to school and asked the "test," was of much interest to plication for licence had been re-teacher to give the boy a lesson. This defendant did, and it was local entertainment circles. In gen-ceived from defendant.
From 1935 to October, 1937, he alleged that defendant had beaten eral" and cabarct managers in par-
"employed Mr. Ramon Castro to the south so severely that there Licular.
!!
Mr. Eldon Potter, K.C., Instruct-make enquiries into any possible were bruises on the boy's legs. ed by Mr. D. L. Strellett, of Messrs.nfringement, and to collect fees.
The defendant was bound over in a sum of $50 for one year.
The boy's mother lodged a com- plaint with the police.
AGROUND SOUTH OF H.K.
RESCUED PASSENGERS
BROUGHT
HERE BY H.M.S. DEFENDER
The British freighter Thurland Castle, 6,372 tons, owned by the Lancashire Shipping Company, was wrecked on Lama Island, about 30 miles south of Bong Kong early yesterday morning.
H.MLS. Defender left the harbour about 6 am. yesterday to the help of the stricken ship.
The first reports of the wreck were picked up at 3,37 am. The Water Police reported having heard the distress signal at 5 a.m.
The President Coolidge, bound here from San Francisco, answer- ed the Thudland Castle's calls and informed her she would proceed In her direction.
The wrecked ship is badly holed there was no attempt to use them. forward but is in no immediate Nor was it necessary." Mr. Adams danger of slipping off the rocks added. jand sinking.
The ship was pounding heavily It appears that there was
in the ground swell, and the num heavy fog in the vicinity of her ber one hold was full of water. mishap. Latitude 22.031" N., Longi-
"We had tea and coffee and tude 111.18 East, yesterday morn simply waited for daylight. Short- ly after daylight H.M.S. Defender came along."""
ing.
tug. left at 8.30 am."
Witness then referred to the let G. K. Hall Brutton and Co., ap-
mentioned "by Counsel and; peared for plaintifs, while defen- ters dant was represented by Mr. II. said that no reply to any of them been received. Before at- Somerset Fitzroy, instructed by Mr. had
tempting to take out the commis-
carried JEWELLERY THEFT
The Thurland Castle A. el. Arculii.
seven round-the-world passengers The pieces of music allegedly in-sion, he delivered to defendant's
SEQUEL
Mr. Kelleher, a round-the-world a voluminous document fringed were three popular dance solicitor
Pleading guilty to the charge of and was bound for Hong Kong
from Mantia when she ran passenger, said that it took quite numbers: "Red Sails in the 'Bun, asking him to admit certain facts.
theft of jewellery, valued at $3.700,
a time getting the passengers off... aground. set" written and composed by H. but he received no answer,
Cross-examined. Mr. Strellett from the residence of Mr. L A
H.M.S. Defender reached the ship the ship. Williams and J. Kennedy and pub-
The sea was very rough, and the Ushed by the Peter Maurice Music said that the Society kept a com-Tobias, at Pokfulam, Wong Chaat 7.30 am. Meanwhile the Henry
to send a boat Co. Ltd, "Whistling in the Dark" plete register of all persons who a former servant, was sentenced to Keswick, Kowloon Docks salvage Defender had
alongside. It was a tricky business had assigned their performing six months' imprisonment by Mr. by D. Suesser, published by Camp-
H. R. Butters at the Central Magis- The naval tug, Alliance, arrived | embarking into the small boat and bell Connelly and Co. Ltd and rights to 1
Mr. Fitzroy: Is there a list of all tracy yesterday. "Did I Rememer," by W. Donald- son and published by the Sun the works?-I think the head office Detective-Sergt. Allan said that has one, but not the local branch. the jewellery was lost between Music Co. Ltd
"The case," Mr. Potter, opened, Can you tell me any means by March and November during which "is an unusual one. The Society, which any person in this Colony period defendant was in the em is limited by guarantee, and ze could and out whether a particu-ploy of Mr. Tobias.
Defendant left his employment gistered under English acts and lar piece of music is controlled by Cocal ordinances. Mr. Street is the your Society or somebody else?-suddenly in November and a month attorney in Hong Kong for the Yes, easily. He would arst enquire later the loss of jewellery was dis- Society, the membership of which of the author and then ask for in- covered
as to the performing is composed of authors, publishers formation
literary and rights either from him direct or composers of dramatle works. The sole object through the Society. If he per-
1
on the scené at 9.30 am.
*
climbing up again into the Defen-" The President Coolidge was held der, he related.
The passengers were all full of for the British seamen by the fog which caused the Thurland Castle's mishap. and praise arrived in Hong Kong at 7 pm. last whose cool efficiency much im- night. On board was President pressed them.
They said that the officers and Manuel Quezon. President of the
men of the Defender were very Philippine Islands.
The Coolidge had been standing courteous and helpful, and any by the wreck.
small thing that could be done for Amongst the seven passengers their personal comfort was done. who were brought back to Hons The British Bailors could not have Grant of letters of administra-Kong by HMS. Defender was Mr. been better, they said.
Miss Smith, who was another of the Society is to protect the in-forms without the composer's per- tion, with the will annexed, of the Adams who said it was very foggy terests of these people. The met-mission be, is committing an in-estate of the fate Dossabhoy Hot-when the Thurland Castle went round-the-world passenger, said at masjee Cooper has been allowed to aground. The hip's siren had 3.15 am. there was a terrific blast hod whereby this object is obtain-fringement.
Mr. A. S. Adamson. ed is that these persons become
Deceased died at his residence in members of the Society and assign to it the rights of their particular
Hong Kong on January 16. leaving local estate sworn under $39,000.
and
works.""
The only method then is to ap- ply first to the author. That takes considerable time. doesn't it?
Yes.
LOCAL ESTATE
་
These three pieces. You have As a result of this Mr. Potter
places in continued, the Society takes steps heard them in many
to the Lido Dancing Academy to protect their interests by pre-Hong Kong?—I think so.
Have you heard them played in about 10.30 pm. Defendant was venting afringements. by grant- ing licence fees, which are dis- Cunce halls?-You are assuming present, and during the evening, tributed among members in the (Laughter). I must say "Red Saila in the Sunset," and in the Dark," wers have heard them played fes- "Whistling
}
played.. proportion to which they are en- titled. Actually, this task, which quently.
The reason why I ask you this is Replying to Mr. Fitzroy, witness is of immense importance to. mem- bers, requires a very extensive or that in your letter of March 31 sald he went to the Lido an in- ganisation as it is quite obvious you did not mention any particu-tructions, Witness reported to that the composers cannot keep ar tunes, but only asked defen-Mr. Strellett the following Mon-
dant to jcia the Bociety7-1 day. track of the use of their works.
thought he was bound to because It is very
COPYRIGHT ACT
difficult to avoid in-
THE DEFENCE
Mr. Fitzroy said that the pieces
Dealing with the legal aspect of the case, Counsel said that the Copyright Act of 1911 was enforced In Hong Kong by virtue of a pro-day and it is difficult to keep the defendant. did not play It. He clamation issued by the Governor 11st up to date.
ringement. There are two or three of music were played by the band million pieces protected by the leader who was an independent The defence was that Society. They are coming in every contractor.
VISITED THE LIDO
been constantly blowing for half on the whistle and immediately an hour before the impact. -
afterwards came the frightful im- "I was half asleep when the pact. crash came, and I ran on deck. I All the passengers have been put saw at once that the ship was up at the Metropole Hotel, the agents, Messrs. Dodwell & Com- high and dry.
"There was no tonfusion, and pany. making the arrangements in although the boats were slung out the emergency.
TRAGIC DEATH OF C.W. LAM IS RECALLED
Jury Hears Story Of Wanchai Motor Collision
jny.
But.
[could not test the brakes.
he said, the vehicle had been in- spected in March, and he found then It was in good running order. Deceased's car, an Austin Ten. was also extensively damaged.
In reply to Mr. Evans, witness gave instructions to the band to VERDICT AT INQUEST sald that a Ford V-8, travelling at play good music, but he did not in July, 1912. Under the act, the sole right to perform was vested in
The tragic death of William a speed of 30 miles per hour, could know what was going to be played. the author and consequently any Mr. H. Castro, in evidence, said Furthermore, there were no means Charles Lam, 25, automobile me- stop within a distance of 40 to 50 person performing without his that up till October last year. he of knowing the tunes were copy-chale,who led from fracture of feet, when the brakes were ap
the skull, as the result of a trame {plied.... consent committed an infringe had been employed by Messrs. G. right at all
Defendant, in the witness box, mishap, on April 1, was recalled
FAST SPEED ALLEGED ment. The Arst of the musical K. Hall-Brutton and Company,. works in question was an English and as assistant to Mr. Strellett.said that he had been in the Co- yesterday at the Central Magis
Tara Khan, à car owner, who composition and the other two He was now a general broker. He lony for 4 years. He first en tracy when an inquest was held.
Lam, it will be recalled, was was driving along Lockbart Road American, but, the latter could ac- received certain instruction from gaged the band through the bang quire "copyright, under the Act if Mr. Strellett to make enquiries leader on October 1, 1938. There driving a motor car along Stewart at the same time when the accl- they were published in England about music played in
cluding the "leader. The only Junction of Lockhart Road, his car overtook his vehicle and, America in a period cut ex-places. He had known defendant were six persons in the hand, in-Road, and when coming near the dent occurred. said that the public ceeding 14 days of one another.
instructions witness gave the lead-vehicle and a pubite car collided, speed of approximately 60 miles Defendant had admitted in an On January 29, 1937, witness er was that he play good music. Lam was seriously injured and aled per hour. After having passed him, the public car continued to amdavit that he was the proprie-wrote defendant a letter on Mr. Defendant was not a musician, in the Queen Mary Hospital. to and licencee of the Lido Strellett's dictation, and
and had never seen any music in Mr. D. B. Evans held a watching Overtake some other cars and re- behalf of deceased's maided in the centre of the road. Dancing Academy. Plaintiffs would letters were acat to the proprietors the Lado. The band, he declared brief on
Witness said he followed the prove, which was denied in the of other dancing academies. Prior played by ear. Defendant paid father
The following comprised the public car and when coming near statement of defence, that between to this, witness had discussed the the ban leader nightly, and had January 31, 1937 and March 10, activities of the plaintiff company nothing to do with the band as a jury: Messsrs. B. J. Israel (Fore- the junction of Lockhart Road and man), J. A. dos Remedios, J. M. N. Stewart Road, he saw the epiliaton 1937 these three works were per- with defendant. He had also sent whole.
between the two vehicles, He Ida Silva, formed by the band of the application form to defendant, Academy time after time. Fur-and later saw him and explained: ther plaintiffs would establish it to him.
a licence. No, reply to this was
for several years.
Various
similar
JUDGMENT GIVEN
the
at a
Dr. Hon Hang-tal, medical officer stated that the public car struck In his anal address, Mr. Fitzroy said the band leader was an in- at the Queen Mary, Hospital, de-the Austin car in the middle and deceased WELS un-caused the latter, vehicle to turn that even as late as May, at least On instructions, witness went to dependent contractor. Defendant posed that two of these pieces were played the Lido Dancing Academy about was not a musician, and did not conscious when he was admitted around and Jand on its aide. Be
concussion. after letters had been sent to de-11 p.m. on January 31, 1937 De-know what was being played. He to the hospital. Deceased was saw some black object being fung
He out of the Austin car. fendant and proceedings started. fendant was present. He stayed did not know if any of the works suffering from
The arst of these letters was at the Lido for an hour and a half, were copyright, and it was im- died about 7.15 p.m. the following To Kwal-sung, driver of the pub- Me ear, denied that he was going written on January 29, 1937, and and during that time heard the possible to find out if the rights day.
Sergt. W. Rothwell, who went at the speed suggested by Khan. in it the attention of defendant three pieces being played at least of reproduction or performance was drawn to the existence of the twice each. He handed his notes were reserved. The defence claim-to the scene of the accident short- He declared that he was travelling
ed that it did not play the tunes, ly after it had occurred, said about 27 to 28 miles per hour Society, the risk of infringement to Mr. Strellett the next day.
PLAYED FREQUENTLY and the advisability of taking out
and the band was not under de- that he saw public car No. 453 in
He stated that the private car, the centre of the road, facing east. On February 8, witness visited fendant's ordera.
driven by deceased, was continued Replying, Mr. Potter said that The driver of the vehicle was alt at the same speed and did not received, and on February. 10 an- the Lido again, where the three
cut on
slow down when nearing the junc-. other letter was sent asking him tunes were again played. They Mr. Fitzroy had suggested that ting nearby with a
tion..: to apply for membership without were also heard in a aubsequent there were no means of ascertain-forehead.
About two yards away from ani-
When asked by the jury as to delay. This letter was also not valt on February 16, and on Febru-ing whether there was any copy-
not», ha considered answered, and on March 12, Messra ary 22, "Red Bails in the Sunset," right to a piece of music or not. other vehicle deceased was lying Geo. E. Hall Brutton and Co. were and "Did I Remember?" were If that was the case, counsel could on the ground unconscious, with a whether or
than the alde streeta in the Instructed to take. proceedings, player. These two pieces were jump into his friend's motor car, deep cut at the back of his head Lockhart Road had more traffic vicinity, witness replied in the claiming compensation for in- also played on March 3, and on drive it away, and later say he did which was bleeding profusely.
affirmative SKID MARKS fringement and applying for an March 10; and he heard all three, not know to whom it belonged. A Witness said he identified the three piece of music was as much pri-
At the conclusion of the CTÍ--
¿ Traine-Sergt. Appleton testified Defendant had pleaded that if compositions with those mention-vate property as am for car he did commit the infringement Deed in the evidence taken in the Defendant not only took no stepe that he noticed a skid mark 50 dence, the jury returned a verdict did so innocently but this, Counsel Commission.
to stop the band playing the three feet in length, caused by the pub as follows: dis
"On the strength of the evidence- rubmitted, was no defence. Plain Part of his duties were to go tunes after March 12, but peralated uc car. The skid mark continued tiffs would prove that subsequent around dance halls, and he agreed in doing so. Defendant had given for another 14 feet after the point heard, we are of the opinion that' to the letter of March 12 and in that it was common for people to the Society much trouble and put of impact. The deceased's car had the public car driver was driving fact as late as May 22, these works ask for certain pleces of music to them to vast expense, counsel con- caused a skid mark of about 17 at a speed exceeding 30 miles per bour when approaching the func- feet. were still performed by the band.be played. Witness himself never cluded.
From his observations, witness tlon, but on the other band, we PLAINTIFF'S EVIDENCE made any such rudalit. Witness Giving, judgment, his Lordship Giving evidence, Mr. Strellett had seen the band playing from remarked that there was no de- was of opinion the private car do not think that there was suf stated that the local branch of sheet music fe cou not say it fence, and never had been ne must have been travelling at a ficient evidence to show that be was driving recklessly and could the Society was formed in June, the band leader supplied bands to He granted the nominal sun of fast speed
injunction, and
1935 and he was appointed at other dance halls 525 in respect of each of the sit- The Motor Vehicle Inspector, have been guilty of manslaughter. torney and agent with power to Mr. S AR Ismail, clerk am-teen infringements listed, and also Bergt. T. McInnes, said that the We therefore consider the death grant and issue: Bcences for perployed by Messrs. G. K. Hall Brut granted an injunction and costs public car, a Ford V-8, was dam-or William Charles Lam the result
aged to such an extent that he of an accident" formance of works, the copyright ton, sald that on May 22, he went against defendant.