THE HONGKONG TELEGRAPH,
TRAFFIC OFFENCES.
GLOOMY PICTURE.
THEIR MONEY BACK.
TUESDAY,
MAY 31, 1927.
TWO OFFICERS PROSECUTE:
TWO PROSECUTED.
After an adjournment for one week during which time a further summons was served on each of the two defendants for similar traffe offences to those of last Mon- day, the eases in which Lieut. K. WrBeard R.N., and Lieut. N. R. C. Muhro, M., were prosecuted, were again mentioned before Mr. W. Schofield at the Kowloon Magis- tracy, yesterday. Lieut. Munro was absent.
TIENTSIN CONCESSION'S
L'
FUTURE.
Mr. R. F. Hall of Hankow writes to the Editor of the Pcking and Tientsin Times as follows:
INTERESTING CASE REGARD- ING CONTRACTS.
was for the Mr. W. D. Owen plaintiffs, and Mr. L. D. Turner defended.
14
In the Summary Court yesterday afternoon, before the acting Puisne Judge, Mr. P. Jacks, the Wo Hing Arm, 8 Kwai Heung Street, gunny Sir-I do not pretend to be able bag dealere, sued Messrs. Katol to take on the heavyweights in and Co., Ltd., 34 Queen's Road discussion na to the advisability Central for $450, as being money or otherwise of handing over the received by the defendants for the British Concession Tientsin to plaintiffs. Sino-British Council or other such body, but an one who has lived in Hankow before and after the "handing over," who has also ilved in Tientsin, I should like to ask Tientsinners before they make their decision (if they get a chance The original charges against to decide), to try and imagine the both defendents related to inci- following conditions ruling in an actual counterpart dents in Peking Road on May 10, Tientsin; when it was alleged that the two for each of which exists in Han- officers were seen riding motor how under our precious Sino-Bri- cycles at 9.10. p.m. without head-tish (with the emphasis lights in proper working order. Sino) Counell. The second count was for a similar breach in Peking Road at 21.05 p.m. on May 12.
'It was explained by Lieut. Beard that Lieut. Munro was unable to appear and he had been asked to represent his brother officer.
Licus. Beard pleaded guilty o behalf of himself and Lieut. Munro remarking that the lamp on his cycle had been newly filled with carbide and, had been going out at intervals.
His Worship imposed fines of 34 on each charge in respect of each defendant.
Bus Passengers' Complaints. The complaint that the bus re- fused to take them to their dea- tination at Kewoon City was made to the Police by two oilicers, with ..the result that the driver in the employ of the China Motor Bus Company was charged before the Kowloon Magistrate with failing to complete the stipulated course,
sa
The complainants, Lieut. J. Wood, R.N., and Flying Officer Mel- 8, A., were stated to have Med the defendant's bus at Kowloon Ferry to proceed to Joon City. The indicator in of the vehicle showed "Route wloon City.".
ve
his
two odlicers were sitting in econd class seats, the front bing occupied, and on asking eir fares, the conductor de-
the
d twenty cents per person, licers refused to pay demanded and pointed to le of fares.
g the journey to lunghom, duelor turned the indicator riving at Hunghon, the yers were told that the bus Jurning and was not going bon City. The two silicers
and were obliged to wait her bus before proceeding Hestination,
Wondant stated that he ed instructions to travel be Ferry and Hunghom as no concern of his to indicator, that was the
conductor.
ship remarked that it ion that the defendunt an implied contract plle.
d if the traffe inspec-
kiven him his instruc-
à court, the defendant
be negative and the
,burned for, some tavo
man to be called. Idence later in the
e trafie inspector at
said that on leaving
the bus indicator
: 3, Waghim Ho
en the defendant'
astructions prior to Terry. The defen- s, however, between
Hunghum. -Inspector
Smith
he Bench that there no recognised route from the erry to Hunghom and vice versa.
The defendant was fined $10. Revenue Officer Cautioned, Revenue Officer, H. Pearso was charged before Mr. Schofield with driving a motor cycle on the Taipo Road on May 16 without a rear Hight.
25
on the
1. Chinese Flag flying over
Gordon Hall.
2. B. M. C. Debentures unsale-
able.
3. Every British woman left
Tientsin.
Mr. Owen 'sald, In outlining the circumstances, that the money which had been paid to the defen- dants by the plaintiffs, had been under duress, and in connexion with a contract.
Mr. Turner, at this point, sald that duress had never been alleged before, and his case would be prejudiced by Buch argument, he would ask for an adjournment at a later stage.
Continuing, Mr. Owen went on to say that an agreement for the sale of certain goods was made b
4. Every British man that cantween the parties in April, 1927,
be spared sent away.
5. All forcign Municipal Ser- vants, including police and Fire Brigade sacked.
6. Pilferage so uncontrollable that ships take no responsib!- lity after cargo is over ships side.
and the delivery of those goods became due on April 20th. The Plaintiffs paid for them but de- livery was refused because the de- fendants alleged that the plaintiffs' delay with respect to another co- tract had caused certain other goods to arrive late with conac- and they asked quent damages
7. Auctions of stolen cargo
taking place on the Bund in for compensation of 345 before de- full view of the police.. livering the goods which had been
8. Cenotaph in damaged condi-paid for.
tion, chains and
bronzes
stolen, and being used as
reating place for coolies and hoarding for posters.
Compensation Paid.
Eventually, under protest, the plaintiff's paid the $450 demanded,
9. Victoria Gardens monopoliz-as has they not obtained the goods
ed as siesta ground for in respect of the later contract, coolies and wonks,
they would have suffered a severe
10. Beggars and the lousiest of financial loss, as they were under coolies sleeping on the pave-contract to supply the goods to an- ment in Victoria Road; and other firm. such places as K. M. A. and
12.
Mr. Owen argued that the de- Chartered Bank steps con- fendants had no right to effect verted into dormitories.
duress, and it was for that money
11. Processions through the confor which they were scing.
cession of daily occurrence. Meetings held all day long; for preference in footpaths. 13. Foreign newspapers suppres- sed Is this pro or con? Eu.) 14. Banka closed.
Mr. Turner admitted the amount
15. Silver withdrawn from cir
eulation.
of the claim, and that a receipt was given for the money, after which he said there were two de- fences.
:
The first was that even suppos ing the plaintiffs were not liable
16. Sanitary conditions being
rapidly remodelled in line to pay the $450 under another co- tract, they had in effcet paid that
with those in force in the na-5450 as a consideration for ob- tive city.
taining delivery of the goods under
15. Racing meeting held under the April contract. The plaintiffs "protection" of the military had paid the money because they and percentage of sweeps and considered it was worth it. They pari-mutuel taken for "per-accepted a receipt for it, and now mission to hold meetings." they were asking for their money
18.
19.
Racing Anally abandened. Pickets, soldiers and, coolleg wandering at will over Race and Country Club grounds. 20. Chinere using Race and Country Clubs riding track, premises, ball room, (and doubtless the swimming bath
back.
Dealing with the second defenus, he said the parties agreed that damages had been incurred by the defendants, owing to the fault of the plaintifs, and the plaintiffs offered $100 na-compensation, but
if it were open), ordering this offer was refused. Later,
drinks and paying cash. I owever, the sum of $450 as com- (To order them out would pensation was agreed to.
amount to the same as asking
them to picket the club).
21. Interest on mortgagea in ac
Why Money was Paid.
Giving evidence, the plaintif
rears and no way of enforesaid he paid the money because it
ing payment or foreclosing, would save the trouble of his leg
22. Tremendous depreciation of remedy which was his being sued
2
all property values,
be his customers, and then him-
23. Jardine's Import, Export and self suing the defendants. A fur.
Engineering
Was departments ther consideration
that if
closing down, staff and stocks there had been a delay in the de- sent to Shanghai, and other livery, there might have been a firms acting in similar mau-drop in the market, with a result-
Ent greater loss.
ner.
24. Marine Insurance booming. as enormous trade being done in Personal Effects to Europe.
If such conditions as the above appeal to Tientsinners, it should be a very easy matter to have them put into force,
It should be borne in mind that
Mr. Turner said he understood that Mr. Owen. had two more wit nesses to call, and it was extremely unlikely that the case for the plain- tiff would finish unless His Lor - ship wished to sit until five o'clock. or after, and suggested 1. ાર્મેન journment. He added that the case was likely to be a lengthy one,
as there would probably be con-
before we were "handed over" wesiderabli, legal argument. were treated to some very honeyed words, and there was much talk
Mr. Owen offered no objection.
The defendant pleaded that it was not necessary for a rear light to illuminate his number plate. He had been driving a cycle in the Colony for the last four years with- of safeguards etc, but there has and His Lordship adjourned the cut any rear light.
been mighty little evidence of these case until Wednestiny, June 15th. Lince.
Sub-Inspector Smith pointed out that the summons was for not having either the head light or rear light illuminated.
4
On examination of the applica tlon it was discovered that a mis- tako had been made in copying out the summons, which was accord, ingly amended,
R. O. Pearse admitted the new charge and stated that his battery had broken down. He was charg ing his lights from his dynamo and it was necessary therefore to main- tafa a certain speed before sum- cient light could be supplied.
Certain repairs were being made the roadway and in passing the defendant had to slow down, resulting in his lights becoming dim. Boing on Government duty and needing the cycle for the fol- lowing day to discharge further duties, he could not leave the vehicle in the Territories.
Hia Worship said that undo the circumstances a caution would meet the caso.
Sub. Inspector Smith Informed hia Worship that it was not known at the time that the defendant's battery had broken down or there would not have been any proceed- Ings.
ENGL
A klas takes, but
one thing a fellow
give
lways glad to
PROPERTY SALE.
NO BIDS FOR CASTLE ROAD LOT.
at Castle Property situated Road was put up for sale yester day by Mr. E. V. M. R. de Sousa at the China Auction Rooms, and failing to draw bids from any one of the dozen prospective custom- tra present, was withdrawn.
The lot consisted of the Re- malaing Portion of Subsection 2 of Section A of Inland Lot No. 509, and the Remaining Portion of Section B of Inland Lot No. 585, with the buildings thereon known as No. 12 Castle Road, Victoria. Those properties are held for terms of 999 years from November 1865 and June 1859 respectively, having an area of about 2,127 square feet at an annual Crown Rental of $2.26.
Opening at $24,000, there were no bids received and the lot was accordingly withdrawn.
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