PAGE 2-HONG KONG." DAILY PRESS
HONGKONG
HOTEL
ΤΗΕ
21
MANAGEMENT
begs to announce
that as from Monday next, the 18th July, 1938. the daily Roof Garden Tea Dance will be discontinued.
This popular function wil be resumed at a date to be announced later.
THE HONGKONG & SHANGHAI HOTELS, LTD.
Stop That COUGH
For COLD
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Take
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PEPS
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The Gitana Ra: 77 Så! thustrated here, which 'donialna the Letast. Ghette latör, thram Bluë Cillüfte Hölled blades and two Blade Holders in a new type of moulded bax, han veze daliile advæstages.
The race is made in two předes instead of three, as formarly, Mina kakakliği # Wasier and quicker to clean, assemble and use. The blacies my made by the new afacirical-tampering process. They give not only "Hellar, "doallar" "thasks than you haven över had before, but wish more" Shivna par bladde The case in ideal for hot and humid climates an il sway to kứup cleft.
Ask your diet is the
ular that Giliai
Gillette
BLUE GILLETTE BLADES
COURTS
CLAIM AGAINST H. K. TRAMWAYS FAILS
HINESE DOCTOR PASCO®®
TELLS OF WAR EXPERIENCE
(Continued from. Page 1) 'INSTANT DEATH PENALTY.... The route taken by this Division was
from Peisien towards the south until they reached the Pel- ping-Hankow Line. They took shelter by day and marched by alght. The strictest discipline was maintained and the columns re- treated in complete silence. Troops were not allowed to fall behind, neither smoke nor make a noise, and any violation of these pre- cautions meant Instant death as it would have endangered the whole Division.
The retreat to the south
went
Was
Conductor Justified In Giving
Emergency Signal
Judgment for defendants, with costs, was given by the Acting Chief Justice, Mr. Justice R. E. Lindsell, at the Supreme Court yes- terday in the case in which Miss Patriela Pasco, through her father, Mr. B. Pasco, sued the Hong Kong Tramways Ltd. for $10,000 as damages received on one of the company cars,
The claim alleged that Miss Pasco was thrown down the stairs. leading from the first-class compartment as a result of the sudden and violent atopping of the car, and received injuries which made her shoulders uneven. The defence denied negligence and contend- ed that the sudden stopping was due to a third-class passenger be- ing dragged along the read.
THE JUDGMENT
of
UNCONTRADICTED STORY
Mr. E. Somerset Fitzroy, in-violent stopping of a tram would commenced on the evening of structed by Mr. Peter H. Sin, ap-not therefore give rise to any pre- May 18. Dr. Ng continues his mar-peared for, plaintiff, and the de sumption of negligence in the rative, until they reached Buchow. fendant company was represented company. They then crossed the railway and by Mr. Eldon Potter, KC, on the instructions of Mr. O.-E. C. Mar- a westerly direction.
On this view of the law the anus Strange things happened when tou. of Deacons. ..
establishing negligence has they slipped through the enemy
been throughout on the plaintif nes for although the Japanese Giving judgment, His Lordship and clearly has not been discharg- knew they were there making their sald: In this action the plaintif ed. However, that may be, if the retreat they (the Japanese troops).] seeks to recover from the defen-jonus here was on the defendant did not fire a angle shot. This dant company a large sum as company to show that no nagu- was probably due to the fact that damages for personal injuries gence of theirs contributed to the they did not know the strength sustained by her in November, accident, I am satisfied that that I have of the retreating Division.""
1937. which injuries she alleges onus has been discharged. were the result of negligence on already indicated that I accept là the part of the Company or its the main the conductor's uncon- servants.
tradicted story and see no reason
three rivers, the Kule, the Kwo and the Few; and.". after having traversed the Kule River, they dis- covered that
bor: the ground marks left by Japanese tanks and these led in the direction of Slu
Sten and Yung city, showing where the enemy had gone.
On May 25, writes Dr. Ng, the Chinese Division reached Seung-
SAY
FRIDAY, JULY 15,
Gordon's
...and know what you're drinking!
GORDONS
DRY GIN
DISTILLERY LONDON.
NO COLOURING MATTER
NO INJURIOUS INGREDIENTS
· SURPRISE ATTACK. One night, one company of the Division was attacked, from the rear and as a result lost about alty mer, while on another night the respect of Nos. 1, 3, 4, 5 and 6 of penings that led to his giving the
the particulars of negligence set emergency signal, and in particu Japanese launched a surprise at-
out in the statement of claim lar his explanation of his failure Lack but, following a Berce en-there is no evidence whatever that to prevent the boy passenger from gagement, were rally repulsed.
can justify me in finding that alighting from the tram while it The Chinese Division crossed
either the defendant company or was in motion. I consider that any of its servants were in any explanation reasonable and credi- way negligent.
ble and am satisfied that in the It remains to consider whether circumstances the conductor could remaining allegation (No. 2 of the there is evidence to support the not have done more than he did. In Angus' case the plaintiff won particulars of negligence) that the and held his verdict because the emergency brake was in the cir-jury disbelieved the evidence of cumstances of this case improper the railway servant who sought to ly applied, reading that allegation show that he was not to blame for (in a wider sense than is was, the presence on the line of a think, originally intended to con- passenger at the moment when vey) to mean that, it baving been the express which had to be pull- established 'that the brake wased up, was approaching, and their sumed their march westward applied with resultant injuries to disbelief seems to have been pased again. By this time they had completely crossed the Japanese the plaintiff, bere prima facle" largely on the fallure of the de- lines and were approaching their evidence of negligence within the fence to call the passenger as a Tule laid down in the case of witness Here the non-appearance own defence lines,
Angus y. The London, Tulbury and of the boy passenger is more than SORE FEET
Southend Railway Company (22 explicable and understandable. Dr. Ng's feet were so sore by now
TLR (1906) p.422) and that that it was not possible for him the onus of showing that to proceed any further and he de brake was properly and reasonably cided to remain at. Seungkauchap applied withoutkay blame at overnight with Mr. Chen, the hos-taching, to the defendants in pital warden.
I have already held that in to doubt his version of the hap Get rid of
kauchap. 50 miles south of Pochow, where they rested. On the after- noon of the same day they re-
An unfortunate incident curred, Dr: Ng and Mr. Chen being searched by a group of volunteers, and as each had a map on person, they were detained on suş- pleton of espionage. The volun-
teers took away everything they had including the $100 which the bandits had previously missed in
the
NO ERROK OF JUDGMENT
ductor made to error of judgment I am satisne also that, the con- in giving the emergency signal to the driver but was fully justified in respect of the application is upon so doing. In this respect his posi- the defendants and has not been tion seems to me to be far strongṣt discharged.
NO PRESUMPTION OF NEGLIGENCE
than was that of the owners of the s.a. Highland Loch (1912 A.C. D.312) because he had no reason I agree that Angus' case turned whatever to anticipate danger to entirely on this point. The Court anyone as the result of his action of Appeal held that the plaintiff and can be held therefore, not so had established a "prima facte" much to have chosen the lesser of case of negligence on the part of two evils, as to have done what the defendants by showing that was necessary to minimise the one there was an unusual and violent evil of which he was cognisant. stopping of the train which caused There will therefore be judgment Dr. Ng and Mr. Chen were placed him the injury complained of. for the defendant company with in a house where they found them-
The raison decidendi" here is costs. selves in the company of a real not far to seek. A railway com- 'traitor with his hand and feet pany in the main runs its trains firmly bound, A casual glance by
over. its own
their search.
"
TUGETHER WITH
A TRAITOR
property and
14
Dr. Ng led to the discovery that therefore "prima tacle" responsible this poor unfortunate had pre-for anything untoward happening vicusly received a cervical pune ture and injection from the Japan-an accident.
on that property which has led to
had had,"
ese, as this was easily discernable about the neck, but Dr. Ng could position of a tramway company I conceive, however, that the not tell what injection the man which runs its trams along public thoroughfare, 'on which its normal On May 30 Dr. Ng and Mr Chen functioning is obviously liable to were at last berated and were outside. Interference. is each given $10 for travelling ex-different and that the sudden and 'entirely
penses. Passing through Chen-
chow and Chowkiakow, they reach-
ed Yeaching on the evening of GOES TO PRISON June 2 completing the Journey--a' distance of 360 miles-in less than four days,
treme.
FOR POSSESSION
OF FORGED NOTES
unem-
On June 3, Dr. Ng and Mr. Chen toarded a train bound for Hankow Pleading guilty to the charge of where they arrived at 8.50 p.m. the possession of two forged 1 notes following evening in safety after of the Hong Kong and Shanghai a journey harrowing, in the ex-Bank, Tsang Kwong, 30,
ployed, was sentenced to six months' imprisonment by Mr. But- ters at the Central Court yesterday. Detective-Sergeant MacVey told the Court that defendant was a rested at Centre Street on Tuesday by a constable acting on Informa Appearing on a charge of steal-tion received. The forged notes ing a pocket watch from a student. were found in the inside pocket of Tang Kt-hau. 24. was sentenced to his coat.v ” ཎྜ ་ ་ three months' hard labour by Mr. Mr. Butters also recommended Butters at the Central Court yes- defendant to be banished at the terday.
expiration of the prison term.
THEFT OF POCKET WATCH
Yuen Po. another unemployed. who pleaded guilty to a charge. of alding and abetting. was given six months hard labour..
Inspector W. Mair prosecuted. Yuen was stated to have had three previous convictions, one of them dating back to 1920.
TEACHER FINED
DRUG MENACE Before Mr. Exwards at the Cen tral Court yesterday, Chan Tal-" pang, charged with the possession, of 295-heroin pills at Spring Gar-" den Lane, was sentenced to six months' hard labour.
Taang Bing, was fined $12.50 for the possession of a quantity of pre- Pared optim and Xeung Hinz, who Koo Sheung-po, 22 a teacher, was charged with keeping an was fined $25 by Mr. Edwards at oplum divan and possession of pre the Central Court yesterday for pared opium, was aned a total of evading fare on board the Yau- $219, in default four months im- matí ferry faunch Man Yeung. prisonment.
Disfiguring Blemishes
this Easy Way
Nothing can be more distract
a
1938.
Clernse,the skin with Cuti- ing to woman than ugly cura Soap twice a day. Its luxuriant and mildly antiseptic pimples, burning irritations or patches of blackheads or en lather is soothing and softening! larged pores on the face or neck. washes away pore-deep dirt Some resort to heavy powdering which causes blackheads, en- in an effort to hide them; larged pores and ugly com- whilst others cause the skin ̈plexion defects.
become muddy - looking, coarse and blemished by using the wrong treatment.
to
To make your skin clear and healthy, to "cleanse clogged facial pores, remove blackheads and pimples and to make your complexion clearer smoother, use Cuticura.
and
To rid the skin of pimples, 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
Sold by all Chemists and Stores. Ask for Cuticura Soap and Cuticura Ointment. And for powder use Cuticura Talcum-exceptionally fine and pure, exquisitely perfumed."
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