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HONGKONG DAILY PRESS
"APPEAL HAS NO MERITS," BROADCAST BY
SAYS CHIEF JUSTICE
Action Dismissed With Costs
Remarking that the appen! kad no mória but a consider- able samount of non-merit, His Honour the Chief Justice, Sir Atholi MacGregor, sitting with Mr. Justice J. A. Fraser in the Court of Appeal yesterday, dismissed with costs an appeal brought by LA Shing-kui for the setting aside of a judgment made by Mr. Justice R. E. Lindsell in Chambers and for unconditional leave to defend.
On September 30 last, an order was made by Mr. Justice Lindsell in Chambers directing Li Shing-kut defendant in action brought by Li Lam-shi, administratrix of the estate of I Shing-yol deceased, to deposit in Court 500 shares of the Ewo Cotton Mills, Ltd. or value thereof within 14 days, in de- fault of which the order would be set aside and judgment against defendant given.
Appellant was represented by Mr. H. Somerset Fitzroy, instructed by Mr. F. H. Loseby. Mr. D. J. N. Anderson, instructed by Mr. Peter: H. gin. was for respondent.
WRIT NOT SERVED
Mr. Fitzroy, in the first instance referred to the writ of summons dated May 3, 1938, claiming that brother of the appellant was deceased, Shing-yut, and that of the latter since the death appellant had certain assets of the estate, particularly 500 shares of the Ewo Cotton Mills, and claiming for the return of said
shares.
w33
"Appellant states that the writ never served on him," said Mr. Fitzroy, "and in that case respondent WIS not entitled to Judgment."
Mr. Anderson interposed to say that the question as to whether the writ had not been served could have been gone into at the trial
His Lordship pointed out that appellant seemed to have been perfectly aware of the proceedings as in his affadavit he had said: "The writ did not come to my knowledge until several days later.” There was hardly any ground to say that the writ was not served If appellant had mislaid it or forgotten about it until some time afterwards, sald His Lordship.
OBJECTS NOT CLEAR
SIR H. POLLOCK
Appeal For Street
Sleepers
The following is the text of the broadcast delivered by the Hon. Sir Henry Pollock, K.C., Chairman of the Street Sleepers Shelter Society; over Z.B.W. last night:----
"As Chairman of the Street Sleepers Shelter Society, I am making an earnest appeal for your sympathy and help for those homeless and destitute men, who by day and by night have the streets only to live la.
does not require much the order be rescinded and an-imagination to realize the misery other order for unconditional leave of such an existence, or to realize to defend be made
what it means to these destitutes "If you choose to address this to come into a shelter for the Appellate Court on whether the night, where they have washing trial judge could impose conditions accommodation, hot water, soap on your leave to appeal, then we and towels, and as much hot tea morning and as they like both will hear you, but beyond that we
evening. cannot."
After further discussion on this
"The majority of the men sleep point. Mr. Fitzroy referred to an in bunks, each man has two gunny agreement between appellant and bags for a covering. These gunny respondent by which appellant was bags are disinfected twice a week left with the scrip for the shares by the Government pending settlement of certain ex-.
"Each shelter has a small Dis penses borne by him in connec-pensary, and Members of the St. tlon with the estate. The matter. John Ambulance Brigade attend sald counsel, had not been settled every night to dressings and even now.
bandagings and minor ailments. Counsel submitted that the trial whilst those who are really sick judge could only ask for the are sent to Hospital.. accounts to be produced, but stated that this was 'mpossible as the shares had been pledged. "He asked for unconditional leave to appeal against the judgment.
BREACH OF AGREEMENT His Lordship then said that there was a clear breach of the Fagreement by the transfer of the
shares to somebody else.
This
THREE SHELTERS
season we have three
shelters going. two in Hongkong and one in Kovicon, in which we are accommodating 850 nightly: a greater number than last year.
GENERAL
VOLUNTEER ORDERS
(Orders by Lt.-Col. II. B. Rose, M.C.
Commandant, Hongkong Volunteer D.C.) PROMOTIONS
Extract from Government Ga- zette No. 4 of 20.1.39.
the
"No. 62 His Excellency Governor has been pleased to ap- prove the following promotions in the Hongkong Volunteer Defence Corps, with effect from January 22, 1939-2nd Lt. John Watson to be Lieutenant, and, 2nd Lt. George Frederick Rees to be Lieutenant, January 20, 1939,"
RIFLE TABLE B-KOWLOON CITY RANGE January 29, Kowloon City Range, am. Trained men of the follow- Y units will attend:
Machine Gun Troop. Armoured Car Section, and Machine Oun Signals (Those detalled). Dress- Optional. Webbing equipment will he worn Range Officer: Lt. G. P. Ferguson.
PARADES
1st Battery
Right Section:-February 2, Bel- chers. "5.45 pam. Dress-8.D. cap. overalls and. gun platform shoes.
Left Section:-February 3, Bel- chers. 5.45 p.m. Dress-8.D. cap. overalls and gun platform shoes.
Signal Section:-February 3, H.Q. 5.30 p.m.
Left Layers Class-January 21 Belchers, 5.45 p.m.
2nd Battery February 1. H.MS. Tamar, 3.30 p.m. Lecture.
Engineer Company
DL.E. Section: January 30. H.Q. 5.30 p.m. Nos. 1 and 2 Sections. LO. instruction.
Lyon Light Section:-January 30, arms FLQ. 5.45 p.m. Squad and "The decision of the Govern drill. Those detailed carry out test ment, in the interests of Public of LL. Handling. Health. to clear gradually the February 2, H.Q. 5.45 p.m. Squad streets of squatters and sleepers and
arms drill Those detailed
the trial judge had known of this breach," continued Ela has greatly increased the demand carry out test of L. Handling Lordship, "he would
for admission to our Shelters.
Kret we
have been compelled to turn away 80 to 100 nightly.
Corps Signals
D
Machine Gun Troop January 29, See para. 2 above. January 31. H.Q. 5.30 p.m. M.G. instruction. Sight setting and lay-
Traversing.
not have given leave to appeal. Appellant
especially in Yaumati, where. January 31 and February 2, H.Q. had the chance to bring the quite carly in the evening, we have 5.30 p.m. Signal instruction. shares or their value in money to had to close the doors because the court. He has done neither. Now "It is not clear from the writ you ask for unconditional leave to Shelter was full. To our great re- of appeal what your objects are," appeal because you cannot sustain sald His Lordship to Fitzroy. "The your application in any other way.
I should add that the Governing. notice of appen? refers specifically "This Appellate Court is not the ment is making provision, insofar to the order made by my brother proper place to discuss your client's na is possible, for those who are Lindsell on September 30, 1938 and next step. Our duty is strictly being cleared off the street refere neither expressly or by im- directed to the merits of the
"It is a wonderfully orderly and plication to any other aspect. The appeal and not beyond that. The patient crowd who walt their turn order is that judgment would be appeal has no merits, but a cop-hoping for admission, set aside on terms. You refer to siderable amount of non-merit." that order and nothing else. Now, The appeal was accordingly d's- however, you are here to ask that "missed with costa.
FREE
SCHOOLS
För Fishermen's Children
Three free schools will be established at Shaukiwan, Aber- deen and Cheung Chan for children of fishermen in Hong- kong who have been rendered Jobless as a result of Japanese atrocities in the vicinity of the Hangkong waters.
GUNNER GAOLED FOR ASSAULT
Michael Kenny, 24, gunner 15 the 30th Heavy Battery, 8th Heavy Regiment. Royal Artillery, appear-
DOWN AND OUTS "Many of them are 'down "and 'outs' pure
and simple. Others are cargo and earrying coolies, who with fuck earn Just enough to keep themselves In food only. Some are old men, sad and decrepit, "Some are boys, apparently be
very
the
EVENING CLASSES "Members of the St. John Am- bulance Brigade and of the Boy Scouts have volunteered to hold
Armoured Car Section January 29, See para. 2 above. January 31, H.Q. 5.30 p.m. A Class-L.G. Stoppages. B Class- M.G. instruction.
SATURDAY, JANUARY 28, 1939. -PAGE 7
WINTER SALE
PROCEEDING
BARGAINS IN THE CHILDREN'S DEPT.
#
INFANTS VIYELLA DRESSES Usual Price $5,95 eà, SALE PRICE $3.95 ea.
KNITTED SETS...
from $5.00
COTTON PRINT ROMPERS... from $1.50
BEACH SANDALS
PRINT FROCKS
"COTTON SOCKS...
MERIDIAN PYJAMAS
from $1.00
from $3.00
from 35 c. per pair
from $3.75
• MICKEY MOUSE FEEDERS... 5 for $1.00
• BOYS COTTON SHIRTS
$1.00
GIRLS COTTON BLOUSES. from $2.75
SHOES OF ALL DESCRIPTIONS
in All Sizes...
.LANE CRAWFORD LTD.
:
from, $1.75 per pair.
The House of Quality & Service
tice during week: details are post- February 3, H.Q. 5.30 p.m., Aed on notice board, Class-Driving instruction. Crew February Duty. Sigmn. Gegg and drill. B Class-M.G. Instruction. Buiter."
Motor Machine Gun Platoon February 3, H.Q. 5.30 p.m. Half the Flatoon revolver drill. Half fire revolver course at Kennedy Road Range.
No. 1 M.G. Company February 3. H.Q. 5.30 p.m. Re- volver training.
No. 2 M.G. Company February 2, H.Q. 5.30 p.m. M.G. instruction.
Medical Section' February 1, HQ. 0 p.m. Lecture— Map reading.
Pay Section February 3, H.Q. 5.30 p.m. R.O.D.C.-Construction Section February 2, HQ. 5.30 p.m. Gener- al description of accessories re- quired for bridging operations.
PROMOTION
L/Bdr. H. J. Millington, 1st Bty.. Right Section, to be Bdr., 27.1.39.
TRANSFERS
No: 3 M.G. Company January 30, HQ. 5.30 p.m. No. Platoon. I.A with ball at Kennedy Lt. H. A. de B. Botelho from A.A. Road Range. Nos. 10 and 11 Company to No. 5 M.G. Company, Platoons. Arms drill. No. 12 Pla-27,1.39. toon. Miniature Range.
No. 4 M.G. Company January 29. Stonecutters, M.C.
Part II. No. 14 Platoon and those Right Sec. to Unit Reserve, 27.1.39.
ed before Mr. R. A. D. Forrest at longing to no one, and are glad to night: cover for the the Central Court yesterday charg-get under ed with demanding the sum of many of these boys appear to have $50, with menaces from Fung Sai-brought themselves up, and have no. 18 year-old girl, and the pos- had no education whatever. Some session of a bludgeon. an instru-of them have been sent to ment fit for an unlawful purpose Taipo Rural Orphanage. at-Johnston Road on January 20.
2/Lt. F. V. V. Ribeiro from No. 5 Kenny pleaded guilty to both
M.G. Coy, to A.A. Coy.. 27.1.39 The establishment has been ap-tharges and was sentenced to two
Sgt. H. T. Buxton from 1st Bty.. proved by Mr. Hsu Shih-ying months' hard labour.
Kenny said he wished to give his Acting Chairman of the National
evening classes for these boys at of Nos. 13 and 15 Platoons who Sigmn. E. Wongtape from, M.G. Rellet Commission, who will ap reasons in private, and at his re-the Shelter at Yaumati, and we have not yet hired. Launch leaves Signals to R.O.D.C. Const. Bec.,
quest the Court was cleared. propriate $1,500 Chinese currency?
Queen's Pier at 8.30 a.m. and Kow- 27.1.39. hope to begin these classes in for the purpose. Mr. Hau has also
Dress Pte. R. M. Silva from AA Coy, to few days..
loon Police Pier at 8.45 am. promised to grant a monthly sub
Range Officer-2/Lt. Unit Res., 27.1.39.- "Our Funds are
-Optional. running low sidy of $1,000 to the schools after
Spr. K. L. Hu from R.O.D.C.. and we require $4,500 to enable us C. Austin. establishment.
to run our three shelters, as before. February 1, HQ. 6.30 p.m. No. 14 Operte. Sec. to R.O.D.C., Const.
Sec.. 27.1.39. Hearing of the case against until the end of May. Our need - Platoon Musketry,
LEAVE February 3, H.Q. 5.30 p.m. No. 13 Abdullah Rashid. 21. Abdul Cara- urgent, and I do hope that lis-
Pte. F. J. Collach, No. 5 M.G. Coy., mat, 20, and Carlos Xavier aa teners will show their sympathy and 15 Platoons. Musketry.
February 5, Kennedy Road 22.11.38-28.11.38. Cruz. 32. charged with highway for these homeless people by res
Cpl. J. T. P. Souza, No. 5 M.G. robbery at Ngau Shi. Wan on ponding generously to this Appeal." Range, 9.30 p.m., Whole Company.
M.G. Part I. Dress-Optional. Coy.. 22.11.38-28.11.38. 3. fishermen The Philippine Clipper of PanjJanuary 10. when
Portuguese -Companies
L/Bdr. B. Pengelly, 2nd Battery, American Airways will arrive at named Yau Tin-sang was rrbed
January 31, HQ. 5.30 p.m. No. 57.1.39-1.12.39. Kal Tak at noon to day. The re- of $6, was fixed by Mr. E. Hlms-
[M.G. Company, Mechanism, heads Spr. J. M. Wilson, R.O.D.C.. turn flight will be made to-morrow worth at the Kowloon Court yes-
1-4. A.A. Company, L.A. stoppages Constn. Bec., 16.1.39-30.11.39. the terday" for
Leung Pat. 42. master of fishing (Probables),
L/C. T. Whitley, M.G. Signals. Air Thursday, February 2,
Junk T1453 H was remanded for
31.1.39-30.11.39.-
Each school will about 100 children,
accommodate
AIR MAILS
at approximately 8.30 a.m
Byrouth, The Ville de France's plane, left Kai Tak at 6.30 am, to-day. The "Delphinus" and "Denebola" are due to arrive in the Colony this afternoon between 4 and 5 o'clock from Bangkok with riail from all ports.
HIGHWAY ROBBERY
afternoon
COUNTERFEIT COINS
of
NO BAIL
February 5, Stonecutters.
Those
24 hours. In police custody, ball detailed. Rifle Table B and LG. being disallowed, when he appear- | Table C.
ed before Mr. E. Himsworth at the Kowloon Court yesterday on
Machine Gun Signals January 29, Bee para. 2 above.
A remand of one week was a charge of possession of two January 30, H.Q. 5.20 p.m: Line granted by Mr. Macfadyen at the rifles, 47 rounds of ammunition. and Operating Section. Signal The scheduled southbound ser- Kowloon Court yesterday in, the four charges of dynamite, and a training. vice for Imperial Airways will de- case against Lo Fat-lun, 29, charg- half pound of gunpowder, without February 3, H.Q. 5.15 p.m..D/R. part from Kai Tak on Tuesday ed with having, on January 15. permission from the Hon. Commis-Section DR. duties and prepara- morning at 7 and 7.30 o'clock. uttered: counterfeit coins."
sioner of Police.
tion for annual tests, Riding prac-
POP TWO OF A KIND
THAT'S A
QUEER PAIR OF
SOCKS-ONG ONE BLUE!
RED AND
YES!
Gni. B. I. Bickford, 1st Bty. Res., 4.2.39-3.12.39.
L/C. C. L. Gregory, M.G. Troop. 21.2.39-20.12.39.
Sigmn. M. A. Wahab, Corps Sign-
al, 18.1.39-15.3.39.
STRENGTH-DECREASE Pte. P. Kelly, No. 5 MG. Coy.,
(Continued on Page 8)
22.11.38.
By J. MILLAR WATT
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