HONGKONG DAILY PRESS
GENERAL
Windy Gap Tragedy: TAI MING RESTAURANT
Funeral Of Member
Of The H.K.V.D.C.
The funeral of MR. DENIS EDWARD SMITH, of the Government Audit Department, who died yesterday morning at the Queen Mary Hospital from injuries received on the previous night when a logrý on which he was a passenger with other Volunteers fell off a cliff at Windy Gap, took place at the Protestant Cemetery yesterday after- noon. The Rev. Charles Higgins officiated.
Aged 22, deceased was the sou of Mr. W. Smith, of the Publi" Works Department.
+י:[f]
Present at the funeral were Col down the steep incline and thus H. B. Rosc. Commandant of the rescued the injured persons zum HK.V.D.C., Major Watson. Major of whom were dell:ious. Garland. Capt. Rees, Lt, Barnets. Capt Brown RA.M.C.. ad LL. McLellan. Lt. MacGregor, 1st ministered morphla to the Battery. H.K V.D.C and members seriously injured representing all units in the HK. VDC, the RSM and Quarter- muster, H.K.V.D.C. Messra Dormer, I. Kempton, &. W. Forrow, were: Denis Edward Smith. Harry
RI
THOSE INJURED
Those involved in the accident
P. J.T. Hamilton, B. E. Maughan, William Buckingham, John Gerard L. C Clegg. D. Willis, and many Heath Lander. Douglas Barvey Col
thers and representatives of the Hongkong Police Reserve
Her Taylor, W N. Brown. W. P.
SUED FOR MONEY DUE
FANCY TRADE NAMES DEPLORED
BY JUSTICE CRESSALL
"It is not surprising to me that complications have arisen over a simple contract debt for as long as persons are permitted to carry on businesses under fancy or fictitious names it is obylons that con- fusion and chaos will be the order of the day in commercial trans- actions," said Mr. Justice P. E. F. Cressall in giving a judgment at the Summary Court in an action in which the Leung Yuen firm, of No. 290 Queen's Road Central, first floor, sued the Tat Ming Restaurant, of No. 26 Mongkok Road. ground floor. for money duo. His Lordship also remarked on the custom of giving credit to any person without enquiring into the stability of the person ap- plying for credit.
Plaintiffs were represented 03 sold and delivered by them to Mr. Alfred 8. K. Lau while Mr. M. Defendants. The writ was served A. da Silva was for the defendants
by a solicitor's clerk on June 9, THE JUDGMENT
1941, by leaving a copy of it at the Delivering judgment his Lord-Tal Ming Restaurant, ship sald
The case was called over on On April 30. 1941, a concern June 13, 1941, Defendant being in calling themselves the Leung Yuen default of appearance. Formal
Firm Issued a writ against another proof was taken on June 14, and concern styled the Tal Ming judgment was entered for Plain- Clemov. N. F Tucker, F. T. Hell-Regtaurant, claiming the sum of in default for $40.51, the Plain- Flolsand. C. Zaltzeff $50.51 being balance due for goods tiff having sworn that $10 was
A wreath from "Mum and Dadingsen, A.
was interred with the casket
Floral tributes were sent by Ted and Bill Geoff wid Ken, Nellle and Noel, Ettle Albert, The 1st Baltery H.K.V.D.C. Messi's D McLellan, G. W R. Griggs, A. S. Bliss, J. and A. Odell, H S Jenes. Taylor, B. O' M. Deane D H Hamilton, D. Collins Taylor A Cockle, W L. Alexander. W G Pryde. W G Grose. Budden, L. H. Macabe. E. B Lambert, J O'Donovan, D. Wills and Luk Kim C. Strange. W. E. Hollands, S. Eccleshall, W. R. Mayer, M 5. Dallin. E L Thomas. A. G. Gardner:
Officers and met " the 3rd Baltery H.K.V.D.C, H.E. Majore General C. M. Maltby and Officers of Command Headquarters Com mandant and Officers of the K V.DC., Members of the H.K.R.N. V.R.. Al ranks No. 1 Coy, A S. C. Coy, 4th Battery, H.K V.D.C., R.A..
8th R.A. O O Corps Artillery H.K.
P
V. I. Treskin, J. Pomeroy, B. Lipknowsky. W G Lawson. J. R.
The Rev. C. A. Higgins, Assistant Chaplain of St. John's Cathe-
V.D.C., Qu Coy. Royal Engineers, | dral, leading the coffin. bearing the romains of the late MR. DENIS 2nd Battery, H.K V.D.C.. Corps Ar- EDWARD SMITH, and carried by members of the H, K. V D. C., w tlery, B. H.K.V.D.C.. 5th A.A. the graveside in the Colonial Cemetery. Happy Valley, yesterday Battery, Staft
of
Survey afternoon----(King's Studio). Office PW.D. European Staff of
the
the Treasury, C.S.C.C, Store Staff Carr, Bdr. BODIE and Sergt.
of the H.K.F.. European, Officers Charles,
a
compound
of the Store Dept. H.K.P., Chinese Brown sustained Staff of the Audi Dept. European fracture of the left leg, and Buck Staff of the Audit Dept., and Mrs. |ingham, head injuries, concussion Longbottom and Belty, and many and facial lacerations. others.
HEROIC ACTION
The herole action of three in jured Voluntcers who climbed up
The driver. Roscoe, and Sgt. Charles are in the Military Hos- pital. Bowen Road.
The vehicle, tu whleh the Volun-
the steep hillside and walked teers were returning after exer- nearly three miles to summon aldeises,
was a six-ion searchlight
for their comrades was revealed lorry. A heavy drum containing a yesterday when further detalls of cable line. becoming loose swung the mator accident which befell from side to side and the weight members of the First Battery, HK of pulled the vehicle over the V.D.C., on Tuesday n'ght at Cace precipice. D'Agullar Road, came to land. The lorry plunged down some 40 While ambulances were being feet before it was brought up by Summoned, the members of hela tree, with its passengers pinned Battery formed а human chain beneath it.
Stole Wallet Of Member
Of Military Mission
Lt. Col. Tang Pao Huang, a member of the Chinese Military Mission here on a visit on the invitation of the Malayan Gov- ernment in May this year, had an unusual experience which led to police court proceedings before the fifth magistrate, Mr. L. C. Goh, in Singapore.
THE IRONY OF LIFE
STARVING MAN
paid on account since the issue of the writ Plaintiff then took out a writ of execution and obtained An order of sale on June 26. In the meantime, Mr. Silva, acting on instructions from one Lau Su!. took out an inter partes summons under section 259 of the Code of Civil Procedure for leave to set aside the service of the writ of
summons and the Judginent ob- tained and for an order to re- lease the goods and chastel seized by the balliA
SWORN AFFIDAVIT
The application was supported by an affidav!l sworn so by the said Lau Sul who alleged that he was the owner of the Tai Ming Restaurant but that he had hired the said restaurant to one Tsang Wan on Dec 20, 1946. He further alleged that the debt sued on was not his bul Tsang Wan's, who, atter taking over the business, had changed the firm's name from Tai Ming Restaurant to Tai Ming Cheung Kee Restaurant. The ap- plication was heard in Chambers and issues were ordered to be framed. These 1ssues came up for trial yesterday.
The evidence of both the person alleging himself to be the pro- prietor of the Leung Yuen form
THURSDAY, AUGUST 14, 1941. -PAGE 5
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A NEW RANGE
OF
CHILDREN'S WOOLLEN
BATHING SUITS
ALSO
IN ALL SIZES
BATHING TRUNKS
IN
COURS!
VARIOUS COLOUR
LANE - CRAWFORD • LTD.
The House of Quality & Service
and the gentleman claiming to be he has adopted. All that appears
the owner uf the Tai Ming Restaurant was taken and the of
to be necessary is the production an elaborately made chop'
COLLAPSES OUTSIDE questions left for decision now and the "firma's" name is prompt-
HONGKONG HOTEL About 11.20 A m yesterday, Chinese male, aged about 40 years, was the centre of a group of well dressed people as he laid. groaning and moaning, on the pavement outside Wang Kee Jade Store, Hongkong Hotel building.
A closer examination of the man revealed that he was in the last stages of starvation. He was in
are:
(a) Whether the debt cluhned
Restaurant, or by the Tai Ming by Plaintiff is due by the Tai Ming
Cheung Kee Restaurant?
(b) Whether there was a verbal representation made by Lau Sut 1.e. the gentleman claiming to be
ly entered in the books of the
seller as a customer.
PAST ENQUIRIES
I understand that this question has formed the subject of several enquiries in the past but that 16 has not been found practicable to introduce appropriate legislation.
the proprietor of the Tai Ming The fact remains however that Restaurant, to Plaintiff on Dec. the absence of any provision Tе- 28, 1940 to the effect that he had quiring partnerships to be regis- entrusted his business to one of tered leads to great difficulty in such a weak condition that he was unable to move without the uthis partners Le. Thang Wan, the the Courts in deciding who are or addition of the words "Cheung are not partners and I have no most difficulty.
Kee" to the signboard of the shop
doubt also leads to perjury in being merely a matter of internal some cases. I suggest to the pro- arrangement between them.
fession therefore that in the ab QUESTION AT ISSUE
sence of any Statutory provision In other words the issue is requiring the registration of busi- whether Lai Sul or Tsang Wan
ness names and/or partnerships incurred the debt claimed by they should in every case take ac-
A European Police Sergeant telephoned for the ambulance and the poor derelict was removed to hospital.
The trony of the whole situation was emphasised by the proximity of practically all the leading restaurants in the Colony-Hongkong Hotel, Gloucester, Parisien Grill. Prince's Cafe, Canadian Cafe, St. Francis Hotel, Metropole Hotel and Blue Bird Cafe. Such is life-and death..
.. UNLUCKY?” Approximately four hours later- at 3.40 p.m.-another man that he
found outside the premises occupy
On May 21, he related to the Lt.-Col. Tang said that he lost magistrate how he lost a wallet, the wallet when he took a
taxi cuftaining $300 Straits currency from the Adelphi Hotel on May 18. and a $600 US. credit note to-He got down at Tlong Bahru Road gether with some photographs and and discovered that his wallet was! loose change.
gone,
OVERSEAS
EDUCATION
INSPECTOR
Lt. Col. Tang sald
WES
Plaintiff.
Business
tion under section 183 and 484 for the discovery of the names and partnerships have addresses of the persons constitut- existed from time immemorial but ing the firm or partnership. If in most parts of the civilised this is done I feel sure that it will world today it is part of the benefit the honest trader and in- Statute Law of the country that cidentally speed up the execution these partnerships must be regis of judgments. tered. Similarly in other parts of
With regard to the facts of the the Empire the law provides for case I am satisfied that the Plain- searched the taxi and the vicinity led by Ying Cheong Hong (agents/Trade Names on the lines of the Neve the Defendant and find as the Registration of Business or tiff has not told the truth. I be- but could not fine the wallet,
Two days later, the taxi driver for British-American Tobacco Co.
the photo- graphs to flin and minor articles He was, however, less lucky than through another member of the the first for Instead of being re- moved to hospital his trip ended milltary mission....
in the Victoria Mortuary for, when picked up, he was found to be dead Oh Beng. Lal, the taxi driver,--another victim of starvation.
convicted of criminal mis-
came and returned
Was
DRIVER GAOLED
Mr. Yu Chun-hsien, Director of the Education Department of the Overseas Affairs Commission in Chungking, who had been visiting one month's rigorous imprison- Singapore for the past few days,
raent
has left for Australia..
Ltd.), in Des Voeux Road Central.
appropriation and sontonced to ERADICATING.
Prior to departure, Mr. Yu said evidence of the complainant wES
Mr. L. C. Goh found that the PROFITEERING
that the purpose of his visit to pretty definite" atid said that IN FIREWOOD
establish two Chinese
turn to Bingapore after two weeks
(Central News),
the
English Act of 1916. It has not a fact that the debt was incurred apparently been considered neces- by Tsang Wan and not by Lau Sul. Sary to do this here with the re- This being so it follows that the sult that any person or persons original judgment obtained by de- claiming to carry 011 business fault was given against the wrong within the jurisdiction can sue or Arm. of which they allege they are co- of the writ have already been set be sued in the name of the firm That judgment and the service partners. I am aware that power catde subject to the determination is vested in the Court under the of the issues now before me soj Code of Civil Procedure to direct that all that is left for me to do that the names and addresses of now is to enter judgment in favour the co-partners shall be furnished of Lau But trading under the name these names are required by the and style of the Tal Ming Restau- other party to the action. This. rant for the costs of this appilca- however, does not make the firm tion and to order that the goods:
WITH HUGE HAUL
Australia is to investigate Chinese the accused probably "got education there and to plan to wind-up" when he subsequently policy eradicate profiteering in nership a legal entity and it ap- of execution be released forthwith. In pursuance of his oft-repeated or partnership qua Arm or part- and chattels seized, under the writ schools at Bydney and Melbourne.
primary found out that the complainant firewood, the Controller of Btores pears to me that unless some Mr. Yu added that he will re-military mission.
WES a member of the Chinese has, it was learned from retailers steps are taken to compet· people
yesterday two of his officers a to register their firm or bustness ROBBERS GET AWAY For patriolic reasons, sald Mr. European and a Chinese-visiting names, similar cases to the one Goh, the accused returned the numerous stores and asking for under review will occur. smaller articles but did not fully rewood, substantiate his notion by return-
I say this because it appears to The inmates of No. 5 Woodlands ing the whole amount, This late that there was no wood for sale members of the business com- binson Roads) were robbed of On the owner of a store replying be the custom among certain Path (between Bonham and R- ter finding, said Mr. Goh, was these two officera noted the name munity in Hongkong to give credit $1.280 in money and valuables
Mr. Goh ordered the photo- licence number and walked off,
and address of the store and ite to any person who wishes to open when three men, two armed with graphs and other articles to be Many retailers were, it was fur-He pays dash for the first order. dagger, followed the servant into an account with them provided revolvera and the other with a returned to Lt. Col. Tang who father learned, caught inapping" Little or no enquiry at all seems the dat at 7.10 am. yesterday. back in China now.
and are now wondering what will to be made as to the stability of The money has not beeh re-be the outcome of the visit of the person applying nor as to the could not be found after the rob- 'The servant, a 17-year-old youth, enverod by the Poltes
those two gentlemen.
genuineness of the business name bery,
PUPPET OFFICIAL BEHEADED
Wong Kwel-sung, puppet chief of
the 3rd Chu (boroughs of Fahalen, was beheaded by the Japanese at Tanghow on July 1.
The cause has 1166 bean asper- tained.~(Contral Nowa).
conjecture
Malt
Children's
Department
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