THE HONGKONG TELEGRAPH.

SATURDAY,

AUGUST · 21,

1937.

LAW GIVING INCREASING COMPENSATION IN FATAL ACCIDENT CASES

Effect Of Decision

By The House

Of Lords

S the result of a decision in the House of Lords several

AS

weeks ago, the law regarding the assessment of damages in cases of fatal accidents is shown to have been so unexpectedly and extraordinarily widened that its effects on the ordinary insurances of every citizen are almost incalculable.

The case arose out of a fatal accident to a young woman in Birmingham who was killed in a motor-car accident.

Her father claimed damages in respect of the accident. AMONG OTHER HEADS OF DAMAGES HE HAS BEEN HELD ENTITLED TO CLAIM DAMAGES IN RES. PECT OF THE SHORTENING OF THE GIRL'S LIFE BY THE ACCIDENT AS WELL AS THE DAMAGES FOR THE PAIN AND SUFFERING CAUSED TO THE GIRL.

In order to see the full im- plication of this decision it is necessary to look at the history of the law.

after the death of either of these parties.

RIGHTS

In 1934 the Law Reform Act pro- i Vicar vided that on the death of any per- je

vither injured or who hund

Before 1846 it was held by kon judges that the value of a life killed some one else, or tad been)

led themselves, all injured or

could not be assessed in money rights of action should survive the Therefore, if a person was killed i deceased by accident, damnges could not be recovered as they could nut¦ be assessed.

NEW ACT

Was

In 1935 12 was also established' that if a person's life hard breni shortened by an accident at ir- ron could recover damages com-1 pensate him for his shortened He as well as for the injuries which he

In order to remedy this, an Act had suffered and any expenses to of Parliament

passed in 18946) which he had been put. known as Lord Campbell's Art. which mabled a near relative of thej person killed by negligence of some, one else to recover damages provid- Ing this hear relative was dependent) upon the person who had been killed.

It had always been a principle of law that personal actions died? with the person; that is to say, if a person had suffered injury or had been killed or had caused suffering or had kill some one elsr, no action could be brought

LESSON OF THE SOVIET RECORD FLIGHT ROUTES OVER THE

ARCTIC

IT IS NOW ESTABLISHED THAT THE RESULT OF THE LAW REFORM ACT, 1934, IS THAT THE NEXT OF KIN OR LEGATEE CAN RECOVER THE DAMAGES THAT THE DECEASED PERSON COULD HAVE RECOVERED HAD HE LIVED TO DO SO.

in, a

tion of life.

F

Clue of the last pictures taken of the Rev. Edgar Davidson, the of Sliffkey, before he was mauled to death by the lion, which as five picture shows he attempted to tame publicly at Skegness,

BRITAIN NATIONAL THEATRE COMING TO PASS

London, Aug. 4. At last Great Britain is to have In National Theatre. It will be in ¡South Kensington, opposite the

Victoria and Albert Museum.

fell

exurbitant."

will not

RADIO BROADCAST

Relay of Hongkong Hotel Dance Orchestra

1

A LONDON LCG

broadcast by

Radio Programme Z.B.W. on wavelengths of 355 metres (845 k.e's.) 31.49 metres (0.52 m.c's.).

H.K.T.

12.30-2.15 p.m. European Pro- gruminc.

12.30 Songs by Turner Layton (Tenor).

Once Had A Heart Marguerita (Lisbona, Connor and Schmitz) When My Dreamboat Comes Home (Friend and Frankin) The Wind And The Hain (T. Layton),

12.40

and His Orchestra.

CD'Ambrosio): An Old

Canzonetta

World

Garden:

Pansy Faces,

of the

bec,

Intro: Marigold,

Narclasus; Whispering

Honeysuckle and the Penny In The

Slope: The Fiddler's

At The Forge (Ives); Obstination

(Fontenalles,

arr. Crook); Tango Habanera (Payan, arr. Hartley).

1.00 Local: Time Signal 637312 Weather Report.

1.03 Variety.

Piano-Midnight

11

Mayfair

(Chase); With Thee 1 Swing (Still- man, Hyde and Adlam); Carroll Friends; Gibbons and 1ts Boy Laughter

Amateur Sketch-Our Night (Weston and Lee) The Regal Radio Party: Vocal-Our Greatest Sucresses: Intro: There's something about a soldier, My hat's on the side of my head, We'll all go riding on a rainbow, The flies crawled up the window. Sweep, All for a shilling a day. But not to-day, Gentlemen, the King. Cicely Courtnckige and Jack Hulbert; Accordeon Sclo-One- Step

Arabe Sedibal; Fox-Trot- Bell Ringer. Maurice Alexander,

Reuter Press; Rugby Press; Local: Weather

forecast and An-

Les

Duke

idr. Geoffrey Whitworth, hundrary secretary of the National Theatre Committee and founder of the British Drama Lenque, "to run a permment | 1.30 repertory company which will pro- It was announced this week that duce an equal balance of classical, nouncements. The Office of Works had accepted the modern and new plays, including?

1.40 Songs by Frances Day (86- £75,000 tender of the Shakespeare, translations of modern foreign drama.

prano) and Les Allen (Bariton).

Easy To Love: I've Got You Under This means that the legaten or Memorial National Theatre Con The prices of seats

My Skin (Film: Born to Dance). next of kin can get damages for mittee for the site. This announce- came as a surprise. because

Frances Day Seein' is Believin; Les the pain and suffering caused to ment

Allen with Carroll Gibbons (Piano) the deceased person, and for the actually the Committee had given up

Mias Viola Tree, daughter of the and His Doy Friends; You Have That shortening of the expectation of all hope of securing it. Some few) life of that person.

weeks ago arrangements were all late Sir Herbert Free, who last month Extra Something; Frances Day; Little It is conceivable that the next-of-complete for the site to be purchased created a stir by advocating that part Picaninny Mine (Intro: Little Ala-

ured to help the Vie-Wells Com-Allen and His Canadian Bachelors. in might be a distant relation living by Harrods, who were, so it was said, of the National Theatre money should bama Coon): I'm All Alone.

distant and, and

may never designing a great new block of a pletion Fund, said, "At the price, the 2.00 Dance Music. Chave seen or even

heard of the These negotiations, however,

Slow Fox Trot The Hills Of Old vletim. Yet he will be able to claim through at the last moment, and now Committee have got a bargain in this

Springs'); Talm damages for the deceased man's dis-the site which is now accupied by site. South Kensington may seen Wyomin (From tress of mind and shortened expecta-Nos. 1 to 7 Cromwell Gartens is to little off the theatre op, but it is Waltz-Stors In My Eyes (From "The become the scene of our first National accessible from all over London. The King steps out'): Juck Harris and Old Vic and Sadlers Wells Have His Orchestra; Fox Trot-I've Go! It is obvious that all insurances Theatre.

proved conclusively that audiences The World On A String Mood In- will be affected very drastically. For 20 years the Committee have are perfectly cared to go further digo. Joe Paradise and Ills Music; In every fatal accident case now been searching for a site for the atteld than the West End if given the Fox Trot-Merry-Go-Round. where negligence can be shown realisation of their dream. When the right inducement. It is not generally Ellington and His Orchestra. damages will be recoverable.

scheme was launched 29 years ago Sir known that a West End theatre would Insurance companies' liabilities will Carl Meyer contributed £70,000. have been almost impossible nan- 2.15 Close Down. be extended to an extent which is The Committee set to work to build cially because by law the trustees

4-7 p.m. Chinese Programms. the theatre in 1916, but the war inter-were not allowed to buy an existing at present incalculable.

7-12 midnight. Europem Pro- Premiums will inevitably have 10 venet. Since then large sums of theatre and take it over intact. If gramme. be increased to meet this additional money have been collected, and the they had bought such a theatre they 7.00 Light Orchestral Music.

lust report showed that the fund con- | waitd have been compelled to raze

Nalla Waltz (Delibes arr. Doppler). be that those who tained £153,000. It can only

it to the ground."

Royal Opera Orchestra, Convent drafted the Law Reform Act. 1034j

Garden. Opinions are divided over the

There will thus be some £70,000 of the

In actual fact, it is perhaps a good did not foresee the extent

7.05 London sigalßennce of the Russian fight and reform if reform 11

be left when the purchase of the site thing that the Theatre is to be built Passion'. can researches Arelic called.

i in complete.

This the Soviet

will not be in South Kensington, will certainly

A play by Jon Godfrey. Charac- to build the wastes, and, without minimising the

proposed enuse a trend to the West in Theatre ters: Frank Betts, a potential play- excellence of the individual achieve sion lest this clement of

Lord Roche expressed apprehen-sufficient

damage theatre, providing seats for 1.250 land, and will broaden its scope. It wright: Mrs. Knight, his mother-in-

a public appeal

for was always said t

that the ment, there are those who regard M.

Court

urt law; Bertha, a charlady; Sally, now assume a frequency and people, and prominence in Rigaton far greater further funds to cover this expend-Theatre in Sloane Square was "off Frank's wife. Scene: In the living- which was given as a room of a suburban home in Chelsea. than is warranted in fact, myture, also to endow the theatre, will the map.", wh

reason for its failure. It is result in inflation of damages in be made.

than likely that the National The Production by Howard Rose. undererving eases, or, more

Closing Local Stock Quota. 7.30 in Kensington will be the forerunnertions and Hongkong Exchange Mar- ably. may become stafe and ridicul- detriment of real and Dus, to the

Preliminary plans for the building of other theatres in that area. Many ket Report.

7.35 Variety. inccessarily fnul. "The kien is," said the thought that they will in future

times be able to go to a "show" will Scherzo from Sylvia') Destiny out having to drive or walk through Waltz. Alleyne and Leonhardt: the crowded-and usually dingy-

B

DY dying from Moscow to Cali- fornin by way of the North Pole, a non-stop expedition of more than 6,700 miles, M. Gromotf, the Soviet alrman, and his two companions have turned the attention of geographers and aviators to a fascinating set of risk. problems (says the Observer).

in

Gromoll's spectacular crossing over the top of the world no nothing more than a "treak."

LORD SEMPILL'S HOPES

On the other hand, Lord Sempill,

prob.

PLANS DRAWN UP

whose pioneering in aviation will deserving cases, such as the one just have been drawn up, but are not/Londoners will be more than pleased |

long be remembered with gratitude, is one of the pro-Arelle school.

"People still have the idea that the Arctic is an interminable kind of waste and a very terrible place of great storms and difficultles," he said.

sta,

Bul when you look at the region in Its proper perspective, as a sphere, you and yourself gazing at a small the not much

greater than Mediterranean, und certainly NOL comparable with Atlantic or Pacifle. "From the map you see how smail, relatively, is the sea, and how destr able it would be to gain time from point to point by cutting across the corners of the Polar regions. This is precisely what these brilliant Rus- sians have accomplished.

DISTANCE HALVED

"By the sub-Arctic route the jour

lo Tokyo ney from Great Britain could be halved in polat of distance. The Japanese airmen who came here

decided.

HIGHER ARMY PAY IN PLACE OF CONSCRIPTION

Better Conditions Needed To Attract Recruits

CONSCRIPTION is unnecessary in England, although the Army and Territorial strength is very much below 1914 strength;

England is exposed to grave risk owing to deficiencies in the Divine Wind cover 10,000 in Army man-power; and better pay and conditions are should ultimately be possible to send needed before the Army can hope to attract all the re-log and at the end of the performance miles. By the sub-Aretle route it passengers and mail to Tokyo bycruits it needs. covering approximately less than half of that distance.

<

Two

TWO

Relay 'Gullty

Pianos-Passepied

(Intro:

With

streets of central London in which Vocal-Paul Robeson Medley: Intro:

Carry

hack to old Virginny, all our theatres are now situated, Mighty 1

rose; Round the bend There is, however, one aspect

at the road, River stay from

way

my Paul Robeson door, the acquisition of this site which up Olman River. to the present does not seem to have (Bass): Novelty--The Hobo's Spring

Song. The Hill Billies; Vocal occurred to anybody, and which is going to prove a big obstacle in the Fantasy From Film 'Black Roses* Dances, path of our National

Intro: Two Sun-Worship Theatre- builders.

As has recently been an- Valse Triste (Sibelius) Black Roses, Rouneed, the Great West Road is to wallz Song (Film: Black Roses)

Finnish Hyran; To-day

Am Happy be extended to start from almost the Lillan Harvey (Soprano) with Or- Derp spot on which the Theatre

will he be bullt. This

chestra and choir; Orchestra and means that our greatest roadway out of London will Organ-Ray Noble' Medley: Intro: pay the door of the theatre. Thou- Brighter than th seun, If you'll say sands of cars an hour passing along yes Cherie, Love Is the sweetest the highway outside will hardly be thing. By the Fireside; What more to the benefit of either, the performers can I ask, Why stars come out at very thought of you, or the audience in the theatre while night, The the show is going on, to say nothing Goodnight, sweetheart; Anton and Theatre Orchestra, which will occur at the time of open London, Reginald Foort (Organ). of the tremendous traffe congestion The Paramount

0.00 Local: Time Signal, Weather Report and Announcements. ONLY SOLUTION

8.03 Variety (cont'd.). Orchestra-Globe-Trotting The only solution to this problem The Tiger, New Mayfair Orchestra; Those are three of the conclusions sions "to relaforce threatened

seems to be the construction of a Humorous renched by R self-appointed Com- points within the Empire."

Monologue Jubllec An Imperial Airways ofetul in

side road to take the theatre traffe, Sovereign. Stanley Holloway; Plano This reserve, they think. mittee which publishes a "report" on

should London described Gromoff's adven- what the Army needs.

form a nucleus of the expeditionary and no doubt when the plans ore Charlfe Kunz Plano Medicy, No. D. complete some such policy will be 1: Intro: There's a small hotel, I've ture as "a very fine fight, but of no

"Once this report has been publish- force. commercial significance."

If the deficiency in offters and men adopted.

got you under my akin: Head over. ed, it is the intention of the Commit-

from Heaven, Who "Doiling the

The news altogether has caused a heels, Pennics slown to tee to found on organisation culled is to be made good, and the voluntary essentials, he said, "It just means the Army League, whose purpose system preserved, some measure of very good impression. As one paper, loves you? Charlie Kunz.

B.29 London Relay-'Lendon Log' that the Russians managed to take shall be to explain the necessity for increased pay and altered conditions the News Chronicle, says:

by Walter Fitzgerald. off with a very heavy load of petrol the maintenance of the Army to raise of service are necessary

"It is very good news that the

Luigini. 8.30

Ballet Egyptien its standing in the eyes of the people, und kept their engines running,

Cromwell Gardens site in South Ken- | Bulte. "This flying in the Polar regions is and to assist its

More particularly, the committee sington has been secured, after all, Played by the Concert Orchestra. being very carefully watched. The report says.

8.47 Ralo Da Costa (Plano). maintains, there should be a much for the National Theatre. There is quickest route to Montreal is by way

Just One More Chance (Johnston greater difference than xisis at pre-almost universal agreement that this of Scotland, Iceland, Greenland, und Labrador. On no section does the Members of the Army League Com- sent between the pay of the ordinary particular site is the best for the and Gostow); The Queen Was In The The greater was the In-Parlour (Reaves and Myers); Every- БСП sen passage exceed more thun 400 or mittee are: Mr. L. S. Amery, Captain private soldier and the pay of the purpose. 500 miles.

E. Beddington Behrens, Sir Montague man who has qualified as a highly dignation when it appeared that tone Says I love You' (Film: Horse

trained technician. P. Black, Captain

was to be used for commercial pur- Feathers); Butterfiles In The Rain "But at present this flight is com-Darlow, Captain

"Public opinion must

made to poses. It is satisfactory. however, (Reaves and Myers). mercially impracticable. You cannot Vietor Cazalet, Lieut.-Gen. Sir Don-

0.00 Songs by Luélenne Boyer establish bases without the expendiald Charles, Field-Marshal Sir Philip realize that exemption in compul- that the organisers of the National ture of very large sums of money, Chetwote, Sir Jay Doue, Lord for Fervice in the arm forces of make the highest offer for this site in ano) und Tino Roml (Tenor),

La Barque D'Yves: Ne Dis Pas and for a service to pay it must be ifte, Lord Lloyd of Dolobran and the Crown is a privile that must maintained all the

It will not now be possible to cast Toujours. Lucienne Boyer; O Corse, round. Field-Marshal Lord Milne.

be paid for." Though as yet little is known of the One of the committee's recom- The status of the Ferritorials ogainst the theatre, which, we hope, le D'Amour. Tino Rossi; Si Peute conditions in the Arcile, doubtless ro mendations is that a central reserve should be raised, too, I presenta will soon be built, that it is founded Sans Tol, Tango Chante. Lucienne of mea is required, able to dispatch tion on the staffs of conds and on the concealed charity of the State." Boyer: Reviens Cherie; Colombella. without mobilisation up to two divi-fin the War Office.

-Our Oton. Correspondent,

Tino Rossi.. come some day."

thing

year

gular services in the far North will

recruitment," the

CENTRAL RESERVE

"A PRIVILEGETM

SOLE

| IMPORTERS

OPTORG

COMPANY

NOT

A LIQUEUR

To JUGGLE With

But DESERVING of

Your WORTHIER EFFORTS in

the little mattor of mixing

COCKTAIL.

COINTREAU

Damp

11

No. 12.

Weather brings

Mildew.

CARE COUNTS MOST NOW !

THE STEAM

Head Office Hong Kong Depot

The apostema Ingange vanguar

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4.80 London Helay-The and Announcements.

0.55 Relay of the Hongkong Hotel Dance Orchestra from the Grill Room of the Hongkong Hotel

My little Buckaroo; 2. Little Lady: 3. Summer Night; 4. Listen to the Mocking Bird.

10.10-10.15 Interval of Recorded Dance Music from Z.B.W.

10.15 6. Thero's a lull in my life; 0. Wake up and live; 7. Floating on n Bubble; 0. Lady be Good.

10.30-10.40 Interval of Recorded Dance Musle from Z.B.W.

10.40 0. Vlue Vencilna Waters; 10. Medley of Favourite Waltzes; 11. One Hose; 12. Merry Widow.

10.58-11.00 Interval of Recorded Dance Music from Z.B.W.

11.00 13. When did you Leave Heaven; 14. Let's. Sing Again; 15.

11.15-11.20 Interval of Recorded Dance Music from Z3.W.

11.20 17. Nulls de Ceylon; 10. Jealousy; 19. Tango Medley; 20.. La Bomba,

11.36-11.45 Interval of Recorded Dance Music from Z.D.W.

11.45 21. Carelessly; 22. I'm nuts about Screwy Music: 23. September

Grinder' Organ in the Rain; 24. Swing.

(Continued on Page 5.3

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