THE HONGKONG TELE
THURSDAY, JANUARY 25, 1934.
H.K. MILK FACTORY SCHEME REVELATIONS
ACTION BY NEW ZEALAND
SPECIALIST
SIR SHOUSON CHOW'S SON AS ONE
OF DEFENDANTS ....
£2,900 CLAIMED
FOR ALLEGED
WRONGFUL DISMISSAL
A venture by a local group of
His Lordship said he had written business men to establish a huge an order for the production of the factory at Kowloon for the telegrams and ho himself would
examine the contents. production of reconstituted milk
Witness handed over the tole-
to supply Hongkong and Canton,grams and after counsel had seen and the invitation to this Colony them Mr. Potter said he would ad- of a New Zealand specialist, are mit that they were in the hand- features of a claim in which | writing of Kürt Offenburg, the son of Sir Shouson Chow appears as one of the defendants
THE PARTIES.
tho
in a claim for damages for Rending the pleadings, Mr. wrongful dismissal brought by Macnamara sald, his client was George Fowler Allen, of Now Zealander present in Claremont Hotel, Kowloon, be- Colony on the invitation of the de- fore the Chief Justice, Mr. J. R.
fendant. Kurt Offenburg was at Wood, this morning.
The defendants were the New Zealand China Trading Co., of the Bank of China Building; Lo Po-
all material times a partner of the Miss Imrie with whom, however, Company, which also included a they were not concerned at the
moment.
A tragedy at sea was witßassed by passengers aboard 'the Italian liner Conte di Savoia when Josephina Mraz jumped over- board. A lifeboat is shown searching for the body.
RADIO BROADCAST
TO-DAY'S BROADCAST.
RELAY FROM BURNS DINNER THIS EVENING
From ZBW on a wavelength of 355 metres:
1-2.15 p.m. European programme. 1 p.m. Local Time and Weather Report.
1.3 p.m. Recorded music,
1.15 p.m. A relay of the Hongkong Hotol Orchestra from the Hongkong fotol Grill Room by courtesy of the Management (During the intervals musle will be broadcast from recorded tho Studio).
1.30 p.m. Rugby Press News, etc. 2.15 pm Clone Down
5-8 p.m. European programme,
5-3.16 p.m. A Selection of Songs
by Peter Dawson.
She is Far From the Land
(Lambort).
Love, Could I.Only Tell Thes
(Capel),
Honour and Arms (¡landel),
5.15-6 pm. A relay from Daventry of the Variety Programme.
6-6.30 p.m. Children's Studio Pro-
an early as possible after receipt technical report on the poa gramme arranged by the Mouth Organ of payment. And that such re-sibilities of the industry in long-Band of "II.M.S. Medway" by courtesy yin, nasistant manager of the Bank The amount claimed would, of ceipt of payment shall be con- kong and carried on correspon-of the Captain and Officers. of China, Chow Yat-kwong, course, be subject to the reduction strued as the acceptance on my dence with him.
·6.30-7 pm. A relay of the Hong- merchant, of Shouson ; and of whatever amount it was thought part, and on the Company's part, At the timin after his arrival in kong Hotel Dance Orchestra, from Li Chor-chi, merchant, of 37, Kai plaintiff could earn during the that the general conditions as set Hongkong, which was attended by the Hongkong Hotel Roof Garden, by Tack Bund.
two years for which salary was out herein, shall form the epitome Mr. Hazlerigg, Mr. Offenburg, Mrs. courtesy of the Management (During All three were named by plain-claimed.
of agreement of conditions upon Chow, Mr. Li and others, he was the intervals recorded music will be tiff
as partners in the New
broadcast from the Studio). which a legal agreement shall be introduced as the milk expert from Zonland China Trading Co.
completed and legally signed New Zealand and was naked to | within seven days after my ar-make a speech.
rival at Hongkong."
In his statement of claim, plain- tiff set out that he was employed by the defendants an a factory manager within the terms con- tained in a letter of Mareli 4,1933, addressed to him by Kurt Offen- burg who was, at ull material times, the agent of the defendants, The offer was accepted by cable- Krama.
SALARY AND BONUS,
for
the
WITNESSES, ASSENT,
plaintiff said he did not propose
Continuing, counsel
to call Kurt Offenburg or Miss Imrie.
SPEECH AT TIFFIN.
- FORMATION OF COMPANY.
He did so and among other Following this latter the two things said he commended those ar. Potter: I was hoping they would be called. In fact I ex-kept in touch and the next step present on the enterprise they had was the formation of the limited shown In undertaking the pected, you would call them.
Mr. Macnamara: I do not know company in Hongkong on July 11. establishment of a factory of this where they are.
Between these dates however nature and prophesied that it The two defendants mention- there had been cables from Hong- would be the fore-runner of many ed in the pleadings, Li and Lo, keng and one on May 9 stated similar buildings in China. Mr. Li were no longer contesting the "Favourably inclined. Early de- replied "We have brought Mr. By the terms of the letter, the case as they made, an
arrange clsion."
On June 24, there was Allen all the way from Now Zea- plaintiff was appointed factory ment with the plaintiff, not another which read: When can land for the purpose of assisting manager for a term of two years satisfactory arrangement, but the you come?" and three days later us in establishing a factory for at a salary of £520 per annum. best the plaintiff could get out a cable telling plaintiff to call making reconstituted milk." together with bonus to be of them. They had each paid him at Cook's and collect 880. Re- Later an inspection of a sito was calculated in the manner therein $1,000 and 'the fact Wis they membering the terms of the lets made and at, a subsequent timin provided. On or about October could pay no more. Chow reter, this could only mean that the attended by Chow, discussion over
·10 defendants wrongfully ter fused to pay anything at all and defendants had accepted the technicalities was taken part in by minated this employment and denial practically every allega-conditions therein and Allen ac-all of them. Plans of the factory verbally refused to employ him [tion made against him despite cordingly set off for Hongkong (produced in court) had been any longer. Since action was the considerable
He drawn up and it was proposed to documentary arriving here on August 11. brought, the plaintiff had com-evidence which would be pro-had to draw. £10 more for his name the factory "Imrie's Milk promised his claim against the duced by the plaintiff.
passage and this Offenburg ad-Products. "The suggestion emanat- defendants Lo and Li without pre-
vanced him through 1 New ed from Miss Imrle who said the Judice to his claim against the PLAINTIFF A SPECIALIST".
Zealand account,
name indicated something "pure, other parties.
Plaintiff was
Allen was met herd by Offen- good, and wholesome" in the specialist in The amount claimed £2,931.18.8 made as follows:-Two which was largely produced
reconstituted milk, said counsel, burg and the next day the de- Chinese language.
Li, fendants, and
Lo, Mrs. years' salary, £1,040; loss of New Zenland. The basis of the Chow and others attended ያነ bonus, £2,000: return passage to scheme in which he was employ sort of inaugural tifflin at the Mr. Potter (cross-examining): New Zealand, $100; less salary ed by defendants. was roughly to Gloucester Building at which You know the capital of the part- paid £67.9.3; less payment by Lo bring over butter and the remain
Allen was introduced AB the nership was $5,000? £69.15.10: less payment by Liing solids of ordinary milk from specialist from New Zealand, Re- Witness: I had heard that but I
New Zealand, and to transform constituted milk was also drunk, take no notice of hearsay. them again to milk-in a specially though what effect it had on them
“And” did you also know that in equipped factory in this Colony, don't know," added Mr. Mac-addition the firm had borrowed
In reply to His Lordship. Mr.
from Mr. Chow the sum of $2,500 Potter agreed that the New
and from Sir Shouson Chow the sum of $5,0007-I was told that $5,000 had been advanced for the purpose of bringing me from New Zealand to here.
£70.10.8.
DEFENCE~ DENIALS.
ployment was wholly unnecessary
in
Mins
namara.
known
of
"CHINESE INTERESTS.”
were the servant.
for carrying on the business of The events which
know
NO WORK TO DO.
CAPITAL QUESTIONS.
tions, etc.
pm. Closing Local Stock Quota,
7.3-7.45 p.m. Recorded músir. 7.3.7.18 p.m.
Sonata No. 8 In E (Bach).
Isolde Menges and Harold Samuel
(Violin and Pianoforte). 1st MovementAdagio. 2nd Movement Allegro. 3rd Movement-Adagio ma nun
tanto.
4th Movement-Allegro, 7.18-7.46 p.m. Scottish Selections." Band-Reminiscences of Scotland
(arr. Godfrey).
Band of H.M. Coldstream
Song-Afton Water (Burns).
Guards.
Mary Garden (Soprano). Orchestral-Fantasia on Scottish
Alrs (arr. Mulder).
Do Groot and His Orchestra. Vocal Gems-Harry Louder
(arr. Byng),
Scottish Male Voice Singera, 7.46-8 p.m. From the Studio. A talk on "Care for the Young" by Mr. J. D. Bush.
8 p.n. Local Time and Weather Report
8.3-8.10 p.m. From the Studio,
A talk on "Care for the Young" by
Dr. F. T. Tseung
8.10-9.45 p.m. Chinese Studio Con- cert.
9.45-10 p.m. A relay from the Hongkong Hotel Roof Garden of the Speech by Sir William Hornell, C.LE. Society, proposing the teast of Tho at the Burns'
Dinner of St. Andrew's Immortal Memory of Robert Burns."
10-11 p.m. Chinese Studio Concert, 11 p.m. Rugby, Mid-day Press News. 11.05 p.m. Close Down.
THREE TRAFFIC
MISHAPS
FIRST" REPORTS
In connexion with the "Safety
the following further the Re-Constituted Milk Factory? mishaps for the pust two days:
I would not say that,
At 7.46 p.m. on Tuesday, motor lorry No. 3608 was being driven AMBITIOUS SCHEME.
by Yan Tong along Hennessy
near Canal Road East Road from east to west when 2 small boy, named Wong Hon-sang, age 18 years, ran across the road from
In the statement of defence the third defendant, (Chow Yat- kwong) did not admit plaintiff's Zealand China Trading Company
SITE DECIDED ON. statements that he was employed consisted of Offenburg,
Allen was later introduced to by the New Zealand China Trad- imrie, and the three Chinese Chow and a site was decided upon ing Co., etc., but admitted that ho gentlemen named but he did not for the new factory in Kowloon. was a partner in this firm until wish to admit anything in- It was then that Chow and the Did you know the business of THE LATEST "SAFETY about October 7, 1933, when the advisably because the Important others concerned in the matter the firm was to import canned partnership was dissolved. He letter was received by plaintiff should have made their protest If goods from New Zealand?—I know further denied the plaintiff's before the partnership came into it was really a fact that they were that was part of the business. statemonts re the letter, cable- existence, to say nothing of the not employing him, and he had not You were, in fact; brought to First" campaign, the Traffic Office. . grama, and arrangements, and limited company formed later. come over from New Zealand at Hongkong as factory manager of notifies
denied that Allen was employed Mr. Macnamara said that his their invitation, They should have by the Company at any time or client had no idea of the con-maid then, if they wished to, that contracted for them.
stitution of the Board and may they were a small export firm with Chow also contended that Kurt oven not have
its no capital to, build a factory or Offenburg had no authority to existence.
carry out the schemes drawn up employ plaintif; that such em-
by plaintiff. Instead they wel-discussed with you was an ambit
The scheme which Mr. Offenberg comed him as their manager and lous schome?--That is a matter of the company in the, usual way; subject of the claim commenced
interpretation. After a time trouble arose he- and that plaintiff did not know or early last year when, through a tween
I would suggest that capital of right to left (north to south), und believe that Offenburg was
members of the firm in $500,000 would not be too large for was knocked down. He was not partner In the firm or deal with Offenburg
a third party, his ellent and Mr. which, however, Mr. Allen had no an enterprise of this nature?I | injured and gave his name to the him as such. The Fourth Section The latter was.
Came into contact. part. He had drawn up the plans suggest that amount would not be driver and ran away. He refused
then travelling for the factory but there was a required.
to come to the Station or go to the of the Statue of Frauds had also about New Zealand on business technical point which the Board not been complied with, innamuch and it was understood that he had to decide before the work was witness said he anticipated the
In answer to a further questionHospital. as there was no
At 10.10 p.m. yesterday, private writing, nor was there any mem-though plaintiff did not
agreement in represented "Chinese interests," commenced.
Chinese interests would be de- motor car No. 3986, owned by Mr. orandum or note in writing of the exactly whom or what this meant.
veloped into a company.
Bowers, Palace Hotel, was driven alleged agreement as required by
I put it to you when you wrote up Western Street to entrance of the Statute.
Sonie correspondence passed be- Mr. Allen was paid weekly but the letter of March 24 you con- No. 7. Police Station by Captain Mr. Eldon Polter, K.C., instruct for a report by Allen on the pos- he wrote to Offenburg stating that only, employment by
tween the two, Offenburg saking had no work to do and eventually templated one thing and one thing C.B.L. Stringer who left the above- a limited mentioned vehicle to make a cull ed by Mr. Peter Sin, appeared for sibilities of developing the milk he was dissatisfied with the In-company to be formed in Hongkong at the Mercantile Marine Oleo. en activity of the firm. He also said for the purpose of exploiting Re-During his absence his son, Nor- this that he was surprised the Board Constituted Milk here? The reason man, age & years, released the hand should not have seen fit to Invite why I wrote that letter was that brake. The car ran back and him to a meeting. This was the anticipated there was a syndicate collided with public ricksha No. position when or about, the defend-being formed to promote and de-229, breaking off the axle and right claims against Li and Lo would to Offenburg asking him to bring for dissolution of partnership, the syndicate would develop soon- Stringer paid $4.00 to the ricksha On March 24, plaintiff wrote ant Chow, commenced an action volop certain interests and that wheel of the ricksha. Captain not be proceeded with, but those to a head the long correspondence From that time the source ofer or later into a limited company. driver. against the company and Chow between them on this subject and salary was dried up and plaintiff drew n bill in the name of the motor car No. 1058 was being On your way to Hongkong you At 9.20 p.01 on Tuesday, private to make a final decision one way interviewed the members of the
driven by Mr.. P, A. Chouhoff represented the New Zealand
along Nathan Road near Lai Chi China Trading Company so far as the same day Offenburg asked could not pay him any more.
cussed by the two of them and tion. They told him that they
Kok Road when Yeung Nog, Chow was involved with the com-Allen to draw up the terms on
This was the wrongful dismissal Why did you do that?- pre-Chinese female, age 55 years, who Tho special jury empanelled which he would be prepared to for which plaintif claimed sumed there was a limited com- was crossing the road in front comprised Messrs. II. R. R. Han-servo the people he represente his client into the box to tell his Mr. Offenburg,-- not-the-limited to avoid-kor, but she was struck-
damages and he would now put pany here.
of the car, suddenly stopped when Mr. Macnamara: It is drawn on the sounded his horn. He swerved | cock (foreman), P. V. Botelho, C. B. Brown, A. H. Cómpten, F. H.. Allen accordingly drew Crapnell, J. H. Taggart, and W. T. these terms, the points of which
company.
by the right front mudguard and-" Stanton.
had been brought out.
Mr. Potter: But he is describ-knocked down, receiving injuries in the Mr. Macnamara eniled Mr. A. W. | è̟laim, and added the following
jed as manager of the limited com- to her hoad. She was admitted- B. Blackford, traffic agent of the clause-
to Kowloon Hospital. Condition Eastern Telegraph Co., who vas
Mr. Potter, to witness: You not serious. "That on acceptance of all was accuring the equivalent of also gave a receipt for $50 in the sub-poonned to produce telegrams conditions as set out herein, that HK8720 per month as a technical name of the limited company?— concorned in the action.
the Directors authorise the sum salesman and domonstrator in S. Yes, because I didn't know any ascertain who you were employed. Witness said he was not allowed of £60 be eabled to me. That that Auckland when, early early Inat better at the time. to divulge the contents of the tele-aum be used by me to defray my year, he got into touch with Mr. grams except on a written order; expenses In connexion swith, ma Offenburg.
You imagined you wore In response to hised by the limited company?. from the Judge.
leaving Auckland for Hongkong request, witness drew up a highly Imagination is not fact...
Chow; and Mr. H. C. Macnamara, industry in China and the instructed by Mr. H. J. Armstrong, gagement of plaintiff in for the plaintiff.
PART WITHDRAWAL.
Counsel for the plaintiff said the
wore unsettled.
connexion,
TERMS OF SERVICE.
1
Mr. Potter indicated that he also or another. This lotter was dig-firm and asked for an explana-limited company?--Yes.
pany.
1.
In Hongkong,
own story--
up
PLAINTIFF'S EVIDENCE. Plaintiff said he had spent most of his life in the milk business and
pony.
"IMAGINATION"..
Why didn't you check that up to
By7They took me on my face. employ-value and I took them on their
face value.
The hearing is proceeding.
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have it!
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Call and see them at
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