THE
P & O-BRITISH INDIA-APCAR AND EASTERN & AUSTRALIAN LINES MAIL AND PASSENGER STEAMERS
Taking Cargo For
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PENINSULAR & ORIENTAL FORTNIGHTLY
DIRECT ROYAL MAIL STEAMERS.
UNDER CONTRACT WITH H.M. GOVERNMENT
All dates are approximate and subject to alteration without notice. and all sailings are subject to change or devintion with or without hotice."
H.A.
PENINSULAR & ORIENTAL SAILINGS
*BANGALORE
RAWALPINDI
"MIRZAPORE CONFU
From
Tons Hong Kong About
Destination.
0,000 30th Jan. Marsellles, Havre, London, Hamburg.
Rotterdam, Antwerp & Hull. 17,900 6th Feb. Marseilles & London, 7,000 18th Feb. Bombay & Karachi. 14,500 20th Feb, Marseilles & London,
0,000 27th Feb. Marseilles, Havre, London, Hamburg.
Rotterdam, Antwerp & Hull, 18,000
*BHUTAN
NALDERA
"BEHAR
CARTHAGE
6,000 14,500
•
Cargo only.
6th Mar. Marseilies, Havre, London, Hamburg.
Rotterdam, Antwerp & Hull. 13th Mar, Bombay, Marselltes & London, 20th Mar. Morscules & London. ↑ Calls Casablanca.
All vessels may call at Mulla.
Calls Tangler.
Frequent connection from Port Said for Passengers and Cargo to Istanbul, Pirucus, Smyrna and other Levant Ports by steamers of the Khedlvin Mall Steamship Co.
BRITISH INDIA-APCAR SAILING
SIRDHANA
SHIRALA
TILAWA
SANTHA
TALMA
13th Feb.
8,000 30th Jan. 1,000
10,000 27th Feb
Singapore,
8,000 13th Mar. i
10,000 27th Mar. 1
Port Swettenham, Penang, Rangoon & Calcutta.
EASTERN & AUSTRALIAN SAILINGS
NELLORE
TANDA
NANKIN
7,000 30th Jan. 7,000 5th Mar. 3rd Apr. 7,000
Manila, Rabaul, Brisbane, Sydney. Melbourne & Hobart.
SAILINGS TO SHANGHAI & JAPAN
*BHUTAN
*BEHAR
TANDA
TILAWA
CARTHAGE
SANTHIA
NALDERA
• Cargo only.
0,000 26th Jan. Shanghai & Japan.
6,000
1st Feb. Shanghai & Japan.
7,000
3rd Feb. Shanghai & Japan.
10,000
14,500
4th Feb. Amoy, Shanghal' & Japan. 5th Feb. Shanghai & Japan.
8,000 18th Feb. Amoy, Shanghal & Japan. 16,000 18th Feb. Shanghai & Japan.
All dates are.unoroxinate-and_subject_to_alteration without notice. For further Inforination, Passage, Freight, Handbook, etc., apply to
The Agents. Phone 27721
MACKINNON MACKENZIE.CO
P&O BUILDING, CONNAUGHT ROAD CENTRAL:- HONGKONG,
N.Y.K.
LINE
General Passenger Agents in the Orient for the
CUNARD WHITE STAR LINE.
San Francisco via Shanghai, Japan Ports & Honolulu.
Chichibu Maru
Tatauta Maru
Seattle & Vancouver.
Wed., 3rd Feb. Wed., 10th Feb,
Iikawa Maru (Starts from Kobe) Sat.. 6th Feb. Hiye Maru (Starts from Kobe) Tuas., 23rd Feb. New York via Panama.
†Naruto Maru
Tues., 2nd Feb.
South America (West Coast) via japan, Honolulu,
Los Angeles, Mexico & Panama.
Bokuyo Maru
Wed, 10th Feb.
London, Marsailles, Antworp & Rotterdam.
Torukuni Maru
Hakusan Maru
Haruna Moru
Fri., 29th Jan, Sat., 13th Feb.
Thurs., 11th Feb,
Liverpool via Port Said, Beyrouth, Istanbul, Piraeus,
and Marsellies.
+Delagoa Maru
Tues., 11th Feb.
Sydney & Melbourne via Manila & Ports.
Kamo Maru
Atsuta Maru
Manila.
Tatsuta Maru
.Sat., 27th Feb.
.Sat, 27th March
Sun, 31st Jan.
Bombay via Singapore, Penang, & Colombo.
+Mayobashi Haru
+Calcutta Maru
Calcutta via Singapore, Penang
Tokushima Maru...
Shanghai, Kobo & Yokohama,
Katori Maru
Kashima Maru ......
Thurs. 28th Jan.
Sat., 30th Jan.
& Rangoon.
Tues., 26th Jan.
.Sat., 80th Jan.
Sat., 18th Feb.
Atsuta Maru (N'aaki Direct) Fri., 19th Feb. † Cargo Only.
Burns Philp Lines, Joint Passenger Agents,
Gibb, Livingston & Co., Ltd.
Tel. 30291,
HONGKONG TELEGRAPH
TRADE MARK CASE MAGISTRATE GIVES
DECISION
Judgment in favour of the com pininunis was given, in the Kowloon Magistracy by Mr. Himsworth on Saturday, the case where the Kam Plu Drug Co., of 518 Shanghal Street, were summoned by the Chian Dis pensary for selling a bottle of skin Julion to which a forged trade mark had been oppiled; unlawful possession of 13 bottles of skin lotion bencing a forged trade mark; and exposing for sale the said bottles.
Mr. W. A. Brown appeared for the complainants, and Mr. F. 11. Lôsoby represented-defendants,-
Nominal Anes of $20 on the first two charges, and $80 costs, were im- posed.
Mr. Loseby applied for a re-hearing on the grounds that he had further evidence to contradlet the prosecu- tion's evidence, but His Worship re- fused the application, stating that the evidence the defence proposed to call could make no material difference to the ease.
MONDAY, JANUARY
CHINESE SCHOOLS TROPHIES AWARDED TO FOUR
FLOWER SELLERS
25, 1987.
OBITUARY
LIGHT COMEDY STAR DIES OF HEART FAILURE
Hollywood, Jan. 24. The death occurred to-day of Marie Prevost, the screen. actress, following a heart attack.-United Press.
French
Presenting trophies to four girls who had secured the best results in A recent drive for funds for Chinese Free Schools, the Hon. Mr. T. N Chau, at a function held on Satur-
Born In Sarnia, Conada, of dny at the Talping Theatre, com- plimented them, and other flower descent, In 18018, Marle Prevost was sellers and helpers on mu effort re-educated in a Montreal convent and sulting in over $3,300 being secured. fmade her debut la films, as did many other sturs, as a bathing beauty In The four flower girls who had top-the
the Muck Sennett sile
silenta. Within ped the sales were the Missen Lau six months she was playing leading Woon-to, Yeung Yuen-fun, Yu Wal-roles. In these comedies, and ihen chun and Lun Sin-ching. Mies Lau gradunted into star parts in comedy. Woon-to who had turned in a s Nights." "A Parisian Scanda!"
dramos including "Her Night equal to one-quarter of the total, is the 13-year-old daughter of Mir, Lau King-sing who organized the drive.
and
"The Married Flapper" in 1933. She made a tremendous hit in "The Marriage Circle" in 1924, and founded bert her reputation as one of the Thanks were also expressed by flight comedy actresses. Mr. Lau King-sing in his capacity Ins Chairman of the Tung Yee Tong, the educational Society connected with the Tung Koon Chamber of Commerce and Industries which is managing ten free schools for poor children. Mr. Lau referred in parti-
In his judgment, Mr. Hansworth cular to the nasistanee extended to said:
the flower sellers by the Hongkong and Yaumall Ferry Co., and the Kowloon Bus Co.
In this action the defendants are charged with three offences; selling goods to which a forged trade mark has been applied; having in their possession for sale certain goods to which a forged trade mark was applied; and exposing for sale certain goods, to wit 13 boities of sidn Jotion to which a forged trade mark.was applied.
I will deal with, the third charge first. Due probably to an oversight on the part of the prosecution there was never any evidence produced to show that the thirteen butlles men- tioned in that charge were ever ex- posed for sale. The first witness, who executed the warrant, did in fact seize the thirteen bottles mentioned in the charge but he was not called upon to give evidener as to whether they were or were not exposed for sale and in the absence of such evidence I do not think this charge can proceed further.
Sec. 3 (2) of the Merchandise Marks Ordinance No. 4 of 1880 stales "Every person who sells, ... or has In his possession, for sale or any pur- posed of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied... shall be guilty of
in
an offence unless various defences are proved. The first point to decide therefore is whether the defendant had in its possession goods to
which forged trade mark had been applied. Was this trade mark forged? Halsbury 1st Ed. Vol. IX p. 568 par
it is stated that a 1145 note (g) is deemed to forge a trade mark, who without the assent of the proprietor makes that trade mark, or a mark sa nearly resembling it as to be calculated to deceive or who falsifies any genuine trade mark."
Mark Not Genuine
•
persun
Then followed a string of successes, including "Bobbed Hair," "Up In Mabel's Room," "Getting Gerife's Gorter," "Hard Boiled." and "Kiss Me Again."
THE
FUNNEL
BLUE
LINE
/REGULAR AND FAST PASSENGER SERVICES |
FREIGHT AND
an LONDON SERVICE
Her popularity decreased with the advent of talking pictures and increase in her poundage, but she did not
entirely disappear from the screen and played minor, roles in Alms. . A Chinese classical play which "Within the Law" and other followed was enjoyed by a veryShe recently appeared in -Hongkong large gathering.
in "Thirteen Hours by Air.”
Mr. A. W. Norrie
MENESTHEUS soils 27 Jan. for Marseillos, Casablanca, L'don, Rotterdam, Hamburg & Glasgow sails 9 Feb. for Marles London, Rotterdam & Glasgow
AENEAS
LIVERPOOL SERVICE
EUMAEUS
sails 30 Jan. for Havre, Liverpool, Bromborough and Glasgow
Widespread regret is felt In both shipping and sporting circles at the NEW YORK SERVICE passing of Mr. Alexander Walker Norrie, a member of the staff of the
precautions" within the meaning of ihia subsection. A person who stocks goods bearing a registered trade mark and who sells, exposes for or has in aikoo Dockyard and Engineering his possession for sale, such goods Co., who succumbed to pneumonia at must, in order to avoid committing an the French Hospital on Saturday PACIFIC offence under this Ordinance, satisfy | afternoon, after a week's Illness. himself that the trade mark is o genuine trade mark.
Mr.
Born in Aberdeen, Scotland, the late Mr. Norrie was only 30 years of As to the actions necessary tonge. He was, formerly with the comply with this duty, this must be China Navigation Co., Ltd, serving a question of fact to be decked in in several ships of the Company as each particular case, but I think more second engineer, and joined the stringent precautions would be Talkoo Docks as engineer fitter three necessary where goods were pur-years ago. chased from an agent, than where
A keen sportsman, the late they were purchased directly from Norrie was a committee member of ]. the proprietor of the trade mark the Talkoo Club, for which he played But "reasonable precautions" if it lawn bowls and badminton during As a mark of means anything at all means that the the past two seasons. defendant purchaser must take some respect, the flags of the Club, the Dockyard and all the ships in dock ascertaining whether the goods do or do not bear were flown at half-mast yesterday,
The late Mr. Norrie was a man of; a forged trade mark. In this case the defendant did nothing except take genial
genial disposition, and Was ex- The facts in this tremely popular among his wide the vendor's worE
those circle of friends, as was evidenced by in Allard v Seifridge (supra) where the large gathering that attended the case differ very little from
pince at the Colonial Cemetery yesterday defendants sold stockings as silk when funeral, which took they were in
relying on fact not dilk, merely handling and looking at them noon. He leaves a widow, to whom
their texture. The the deepest sympathy is extended. stockings had been bought from a travelling trader. It was held that these nets were not sumelent to satisfy the term "reasonable precautions."
reasonable means of
to
determine
after-
The Rev. K MacKenzie-Dow, pastor of the Union Church, Hong- kong, conducted the funeral service, and the pall-bearers were Messrs. J. C. Chalmers, J. Cook, J. F. Barron, J. C. Polson, A. C. Ford and Cunningham
POPE IMPROVES
W.
There remains the second defence covered by section (c) and this, it was held in Allard V Selfridge (supra) must be treated as seperate I hold that the prosecution on the from the defence embodied in subsec. evidence of Mr. Rowan, manager of
(a) and (b), for the defence la not the plaintif firm. proved that the
that defendant had acted innocently" trade mark "Dermoline" No. 30 of but that "otherwise he had acted
Vatican City, Jan. 24. 1925 on the bottle which forms the innocently" and here again I think The condition of His Holiness the
not the language of Lord subject of the first charge is not
Hewart in Pope is fairly satisfactory and he is genuine. It is true that in order to Allard v Selfridge (supra) is of guld suffering less pain in his legs- establish this contention the witness ance. Quoting Charnol, J. Christie, Router, had to refer to other parts of the label,
Manson and Woods v. Cooper 1900 other parts of the sealed wrapping 25
Q.B. 522 he says, "The innocence con- round the package and to the contents templated by the Act, is
is innocence of the bottle itself. Such reference, of any intention to infringe an Act of however, is necessary in these cases Parliament," and continues "such for-trade-marks on such labels" ore innocence-can-only-exist-where-the not printed with the care and skill sometimes applied to printed paper
infraction was committed by inadver tence or mistake of fact. And here
WAKE UP YOUR LIVER BILE-
such as a banknote. The evidence the appellant know all the facts- WITHOUT CALOMEL
of this witness convinced me beyond only mistake was as to the effect of all reasonable doubt that the trade the statule," mark on the bottles were not genuine but had been forged.
I therefore hold that the defendant has failed to substantlate a defence under either of these two subsections, and I must register a conviction en the first two charges.
This fact having been found, the defendant then appealed to those clauses in the section by means of which a defendant can claim exonera- tion for an offence committed under this section. These subsections pro- fendant has been proved guilty of an vide two defences. The first is con- offence within this Ordinance, I do tained in subsec. (a) and (b) which not thinks there was any deliberate or
*<=U&=** {B that, having taken
precautions against
.all
In conclusion, I think I should add that while I have found that the de-
to commit
the
wilful intention mitting an oflence against this Ordin-offences as proved, and the moral
in-guilt of the defendant is very small. ance, he had, at the time of the com- mission of the alleged offence, no reason to suspect the genuineness of the trade marks and (b), thai, on demand made by or on behalf of the prosecutor, he gave all the informa- tion in his power with respect to the persons from whom he obtained such. goods or things; or (c) that he other- wise acted inndeently. I will deal with the former defence first,
There is no doubt, I think that the defendant complied or attempted to comply with subsec. (b), but this of itself is not sufficient and must be combined with action taken under subser. (a). On this point I think Lord Hewart's remarks in Allard v Selfridge and Co. 1925 I K.B. at p. 134 are in point.
The learned Chief Justlee there says "The sub-section (1.c. subsec. c) us I understand it, means that fa defendant seeks to excuse himself on the ground that he had no reason to suspect the genuinances of the foundation he must lay the of that defence by establishing that he has taken all reasonable precautions; in other words the section in effect says that it is no excuse for the defendant to say that he had no reason to suspect the genuineness of the trade description unless he shows that he has taken all reasonable precautions."
Question Of Precaution
The next question for consideration is therefore, had the defendant taken all reasonable precautions? Hia
·evidence shows that he bought them from a travelling trader, although he could have bought bottles, other then 1⁄2oz bottles, from the manufacturers direct. He does not appear to have subjected them to any examination but to have accepted them with a cursory glance at the label, which was a good forgery. "I do not think that this can be considered "reasonable
And You'll Jump Out of Bad Feel- ing You Could Push « Bus Over
The liver should pour but two pints of Hauld bile into your buwela dally, if this bila inet Bowing freely your food doesn't digest. It Just decays in the bowels. Gas bloats up Your stomach. You get constipated, Your whole system is polsoned and you feel sour. sunk and the world looks punk.
Bali, Azay drinka, palatalin Innatives and hareh purgatives are makeshifts. A me bowel movetient doesn't get al ide causa. It Lakes the famoum, mura meting Carter's Little Liver i'lls to 'get those two pints of blin Bowing freely and make you feel up and p". Harmis, gentis, yet whasing in mak lag bile now freely, Ank for Carter's Little Liver Flits, Look for the namo Carter's on Soured fackun
COMMENCING TO-MORROW
AT
THE ALHAMBRA ROARING ADVENTURE with the ROUGH RIDERS!
JACK HOLT Zane Grey's
END THE TRAIL
A COLUMNA PICTURE
LOUISE HENRY DOUGLASS DUMBRILLE. GUINN WILLIAMS Directed by 'Wife C. Kontan
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PYRRHUS TEUCER THESEUS
Due 20 Jan. From U. K. via Straits Due 29 Jan. From Europe vin Straits Due 6 Feb. From U. K. via Straits Special reduced fares are quoted for cargo steamers with limited passenger accommodation.
For freight, passage rates and Information apply to
BUTTERFIELD & SWIRE.
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"Victoria" Feb. 1
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+
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