APPEAL DISMISSED
Film Company's Claim
For Damages
The Full Court yesterday dismissed an appeal against a $17,500 judgment given early this year. The appeal was heard by the Acting Chief Justice, Mr. Justice R. E. Lindsell, and the Acting Puisne Judge, Mr. Justice E. H. Williams.
Mr. Ng Pak-to, proprietor of the, which is patent and of which
sequences
THE
HONGKONG
Refugee Children
Kindergarton Classes
At Victoria Gool
Young The Chinese
Women's Christian Association are conducting kindergarten classes for refugeo children at the Victorla Gaol Re- fugee Camp.
The children who are divided into four grades, and are taught simple arithmetic, reading, writing, drawing,
singing, handwork, hygiene and general knowledge. Once a fortnight the they are taken out for a short hike
for or a plenic. The teachers are of the Y.W.C.A.
TELEGRAPH, FRIDAY, DECEMBER 2,
CHRISTMAS MAIL
Extra Plane Arriving At Kai Tak To-Day
The Christmas rush at ulr mall has started to Hongkong, for the Im- perial Airways plane Delphinus is a special trip from due to reach Kal Tak at 1 p.m. to-
day, making Bangkok.
an
1938.
Library, Supreme Cours
TO-DAY'S RADIO
ZBW, 355 metres (845 k.c.) and 31.49 metres (9,520 kilo-cycles) Radio Programme Broadcast by Miss Ma Si Kui (Piano) | Three shor! talka
Z, B. W. on n Frequency of 845 kc's.: and on Short Wave from 6-11 p.. on 0.52 m.c's. per second.
H. K. T. 0.00 Dance Maslo.
From the Studio
“LA BOHEME,” ACTS 1 AND 2
topical interest.
0.20 Ballads,
on matters of
Bless Thla House (Braho); Soul Of Mine (Barns)...Essie Ackland (Con- tralto) with Organ; Les Millons
Fox-Trots-Free (from 'O-Kay for Anything Goes)....Maurice Win- D'Arlequin-Serenade (Drigo) .... Sound'); The Fleet's In Port Agoinnick and His Orchestra; Comedy Murray Stewart (Tenor) with instru
The Delective
mental Accomp. (from O-Kay for Sound')....Jack Sketch-Sandy
and
His Orchestra with vocal (Powell-Thomson)....Sandy Powell Hylton
Vocal-Tinkle, Tinkle, (from chorus: Fox-Trot-Three Won't Be anul Company; Any Spring
(from The Flying Tra- Tinkle; Over My Shoulder
en); When You've Got Waitz-Marie Louise (from
#Vergreen');
Springtime In Your Heart
9.30 London Relay-The Nervs. 9.50 Puccini's "La Boheme" Acts 1 and 2.
Sung by Rosetta Pampanini, Luba
peze'); W Tencze')..Eddie Carrolyzate (Evergreen'). Jessie Matthews Mirelin, Luigi Marini, Gino Vanelll,
Two more planes are expected toying with vocal
to-day
The plane Delia lended at Kul Tak weight. The mail of 670 kilos Central Theatre, unsuccessfully ap- purchaser la as good a judge as the voluntary workers and are members at 3 p.m. yesterday with the delayed pealed against a decision Elven on maker it is clear to my mind in that February 22, by the Chief Justice, ease the maker is not bound to point
At the old Government Civil Ios-Delphinus hopped off from Bangkok Sir Atholl MacGregor, in favour of out the defect to the purchaser. I
is 300 kilos of mail aboard, the Unique Film Production Com-think it would be a very mischievous pital Refugee Camp there are not yesterday afternoon and made
thing if it were so, because if he was only similar kindergarten classes, but overnight halt at Ventione. There
he also handwork classes for girls and pany, un points of law.
bound to point out the defect
bring mull to Hongkong on Saturday The Unique Film Production Com- would be bound in safety to point women. To keep them profitably their leisure hours, the employed in pany had sued Ng Puk-to, claiming out anything which might be con Association members teach
them afternoon, and two planes, the Deila und Daedalus, are scheduled to hop $17,500 damages for breach of con
off from Kai Tok at dawn tract by failure to exhibit the talkingsidered a defect. We know the con- knitting, basket-work, quilting and
ces of that. If the maker dress-making. picture "Tuk Mul Kwal," (Polsone says, for prudence sake, I point out
The Y.W.C.A. is very grateful to with the outward mall and passen Rose). Judgment for the plaintiff's so and no to you, but I do not think on the clalm and counter-claim 10 them defects, the purchaser would members and friends who have don- ated money, food and clothing to its gether with costs, was then given.
say, 'Here is something wrong and war-ume Social Service Department
an abatement made,' Mr. Eldon Potter, .c., instructed must have by the Hon. Mr. M. K. Lo, appeared That would be a very inconvenient for refugee welfare work. for the Unique Film Production rule which should have nu existence."
C. Mr. H. Company,
whilst
"You are not colled upon, Macnamara, Instrueled by Mr. W. Atended Mr. Potter. "fo frighten your Mackininy, appeared for Ng Puk-to purchaser by pointing out something yesterday.
which you do not think a defect, but which he may think is one."
Wild
No Judgment Applicable
con-
objection to a contract under such circumstances.
Shortly after the contract was en- tered into, he continued, his clients found that they were being threaten- ed with proceedings. On these facts it was a duty devalving on the other party to disclose what it knew. The Unique Film Company was not the only available film company, and it the appellant had known of the claim exercised he would certainly have his right and chosen another com- pany or film.
Mr. Justice Lindsell: Do you say
that you did not get the performing rights on certain speelfled dates?
Mr. Mucnamara: I say that we get them only subject to a threaten- ed claim for damages.
Mr. MaenamuNI argued on the points of law arising, and declared
In the words of another authority, that it was the duty of the United "ordinarily the failure to disclose a Film Production Company to disclose material fact which might influence to Ng Pak-to that there had been the mind of a prudent contractor third party clairn on the film, before does not give the right to evade a the contract
made for the contract." This, Counsel went on, screening.
was an ordinary contract; so where By buying or hiring this alm, he did the duty arise to disclose a fact? declared, Na Pak-to also hired the lawsuit. It was but right that Ng Pak-to should have been told that
In a general reply to the cases claim had been made. If he had known of this claim, he would not cited by Mr. Potter, Mr. Macnamara have signed the contract. In the contended that no judgment could
Assuming you had gone on, and circumstances, Mr. Macnamara debe accepted as directly applicable to
have this particular ense. It must be con- that the claimant had carried out his cleared, the contract should
sidered on its own facts, particularly threat and established his right to as the law governing film rights was the film, you would have been enlill- Mr. Eldon Potter submitted that not in such a satisfactory conditioned to be indemnified by the the only point brought forward was
was, sny, the law governing the sale pondent for whatever loss you had that if an adverse claim was made, of goods. should thin cinim be made known? The film producing company, he At the time the contract was mude stated, had a good title to the film, the respondents knew of a claim and because some other person chose pending, which might have a serious to make an adverse claim, there was effect upon the appellant, and should no call on them to make this known have disclosed its existence. Had and thus lose the contract. "They the appellant known of the claim he had a good title," he added, "which would never have entered into the in fact has never been disputed. contract. There is no duty to disclose."
been resolnded,
Mr. Justice Lindsell: There
Is
the
One of the judgments quoted by nothing to show us that the respon Mr. Potter to support his submission dents, though knowing about contained the following ruling: "Nor is the maker of an article allan, may not have regarded it as
ridiculous.
ways bound to point out defects in
TCS-
suffered. That would have been a matter for future discussion,
"The appeal should be allowed," Mr. Macnumara concluded, "on the ground that there was a duty to dis- close the imminence of a claim that had been made, and that we could not be expected. as ordinary business people, to necept performing rights plus a lawsuit, when what we had contracted for was performing rights without a lawsuit."
Mr. Justice Lindsell announced that he and his colleague agreed,
mainly for the reasons given by the learned trial judge, that the appeal must be dismissed with costs against the appellant:
Kera.
is understood that next week
three planes when the Christmas mail rush is in- tensified, as many ta may be used on certain days. No passengers
from will be carried
the outward ma- Bangkok, though
this be available for chines wil trame as their mall is leas,
Orchestra; Dance Tancredi Pasero, Aristide Baracchi, Salvatore Baccaloni, Guiseppe Nessi
refrain! from Pennies (Soprano) with
Button Orchestra-Some Other
The
His Music แน
from Fox-Trots So Do I from Heaven'); One, Two, Your Shoe (from 'Pensics Heaven)....Jiminy Dorsey and His
with vocal refrain; Bob Orchestra with vocal chorus by Eberle; Waltz Three Minuteă of About Cruises (Handley Crick); Art: Heaven; Slow Fox-Trot-llypnotizei (Frankeau-Handley-Cricbottom
On Treasure Islanmerot and Full Chorus of La Scals, Milan
from Maurice Winnick and His Orches- with Orchestra,
Humorous-
"chestra.
...Mur
(two
10.40 Marek Weber and Hla Ör- Sul As The Night (Bohm, arr. But The Weary Benedict); None
Victor Silvester and is Ball-Katroyd
not a single thought) Heart (Tchaikovsky, arr. Benedict); room Orchestra: Fox-Trata--I Feel minds with Like A Feather In The Breeze (Aim with Monte Crick at the Plano; Vocal Waltz (Burand); Tiny Tot (Fisher, My Fingers Lotter); Zigeuner, You have Stolen Charm School'); Life Begins When Supping Through
toes (from 'It's love again')....Jessie My Heart Tango (Grothe); To-night
Tango (Lesso-Valerio). (Alm 'Music Roes' You're In Love 'round and around)....Roy Fox and Matthews with Orchestra, His Orchestra with vocal refrain;
7.55 Next week's programme. Wallz The Dawn Of Love: Tango- 0.00 Local Time Signal, Weather Majanah!. Dajos Beln Dance Or- chestra; Waltzes Midnight Waitz;} Neapolitan Nights....Gino Bordin and His Hawailons.
A
Report and Announcements.
8.03 Studio-Plano Recital by Misa| Ala Si Kui
Social Items
A carnival dance, organised by St. Andrew's Club, will be held on December 10, at 8.45 p.m. Fancy or evening dress may be worn.
AIR FRANCE HERE
Fourteen Passengers And
A meeting has been convened for Mail From Hanoi
0.45 London Relay_"Mugs”,
1. Variations on a German Folk 10 600 guide years of swindling Song (Chopin); 2. (n) Intermezzo in the Committee of St. Andrew's Club The Air France plane reached
together with some necount of the E Fiat (Brahms); (b) Rhapsody in on Thursday, December 22, at 8.30
3. (a) Cradle -1. Hongkong at 1 p.m. yesterday from
Mug. Sucker, or Cony himself, and G Minor (Brahms); passengers, Hanol with fourleen
of the proper Song (Lindoff-urr, Sileti); (b) Cradle numerous examples aboard mall and freight. Those
technique for catching him; Compiled Song (Waterman); (e) Merche Gro- Messrs. were Mr. and Mrs. Birt,
by Franels Watson and Francis tesque (Sinding). Junsen and Frost of the Asiatic
8.25 Compositions of Mozart In- Petroleum Company, Mr. Atmaran, Dillon; Production by Franeta Dillon.
7.15
Closing Local Stuck Quota cluding his Symphony No. 34 in C. Indian silk merchant, Mrs. Feschner,
"Cosi Fan Tutte" Overture....The Mr. H. C. Maux, and Mr. Hunter.tions,
7.17 Variety with Murgatroyd and B. B. C, Symphony Orchestra cond.) The combined Chinese women's There were six Chinese passengers.
Winterbottom. Cloely
Nozze DI The plane leaves at 6.30 am, to-
Jesale Matthews, Sandy Powell and Figaro": Vanish'd Are
ing articles of Chinese handwork for morrow for Hanol,
Maurice Winnick and is Orchestra. Love....Tiana Lemnitz (Soprano) exhibition and sale in Paris and New Comedienne Things Are Looking and The Berlin Philharmonic Orches-York. The closing date for the local Up (lm)...Cicely Courtneidge with tra cond. by Bruno Seldler-Winkler; collection December 8, and ladles Orchestra; Dance Orchestra-A Symphony No. 34 in C (K. 338). are requested to send in their articles
9,00 Couple Of April Fools-Slow Fox-
London Relay-Food for to the Hongkong Chinese Women's Trot; Moonburn-Fox-Trot ((lim Thought".
Club rooms before that date.
AIR
SERVICES
Arrivals and Departures Of Planes
Outward
For London, Australia, British Countries and Europe: Imperial Air- ways 7 a.m., Dec. 2; Imperial Air- ways 7 am. Dec. 4,
For U.S.A. Manila, Guam, Hono- Clipper 0.30 tulu: Pan American a.m. Dec. 4.
etc.: Hankow, Chungking, Sion, Eurasia and C.N.A.C. services tem- porarily suspended,
For France, via Hanoi: Air France, 6.30 am. Dec. 3.
Inward
From London, Australia and Bri- Ush Countries: Imperial Airways 1 p.m. Dec. 2: Imperial Airways 5 p.m.
it to the purchasor; if there be a Mr. Macnamara: That is so; but defect known to the manufacturer it was a fact which might have and which cannot be seen on inspec- nffected the mind of another person tion, then indeed he would be bound and should have been disclosed. he agreed to supply a written judg- Dec. 3; Imperial Airways 5 pm. Dec. to point it out; but if lt be a defect|The other
party might have
At the request of Mr. Macnamara,
iment.
CHRISTMA
BY CHOOSING YOUR
CHRISTMAS GOWNS
EARLY, YOU SECURE THE FINEST MATERIALS FROM THE SPECIAL
SHIPMENTS JUST RECEIVED
Velvet Chiffon
Printed Crepe
Silver
Lamé
SEE THESE EARLY. ALSO THE SELECTION OF SEASONABLE
NOVELTIES.
The BOMBAY SILK STORE
The House of Quality 2, D'AGUILAR STREET
7.
From U.S.A.' via Guum. Manila: Pan American China Clipper 12.30 p.m. Dec. 3.
From France, vla Hanoi: Alr France noon Dec. 8.
CURE FOR CANCER
Up-to-Date Methods For British Centres
London, Dec. 1. The British Government intends to use the most modern methods in the curing of cancer, according to the Cancer Bill now before Parliament.
The Bill declares that nine people out of 10 suffering from cancer could be cured if they had their cases diagnosed at the earliest possible moment. It is intended to establish centres for diagnosis and use the most modern methods to combat the discase.
The scheme will cost £700,000 annually and the Initial expenditure will be £600,000 as a grant to the National Radium Trust for purchase of radium.
Advertisements for cancer cure are prohibited by the Bill-Reuter Bulletin.
WHEN
IS
"THAT
CERTAIN
AGE"
?
ONLY.
20
SHOPPING DAYS
ΤΟ
CHRISTMAS
་
Courtneidge. by Adrian Boult Grant, Ossociations in Hongkong are collect-
AT
TO-DAY KING'S
If you're Thrill-able...
HERE'S THE MUSICAL FILLED WITH ALL THE THINGS YOU THRILL TO!
Everything new in song and rhythm
all the fun that fills a Broad- way column... the kind of cast that makes shows hum oh, boy! oh, swing! oh, stuff! and oh-h-h-h, Shirley!
Shirley Temple LITTLE MISS BROADWAY
with
GEORGE MURPHY ↑
JIMMY DURANTE PHYLLIS BROOKS EDNA MAE OLIVER
George Barbier Edward Ellis Jane Darwell Donald Meek Patricia Wilder El Brandel Claude Gillingwater, Sr. Directed by Irving Cummings Associate Producer David Hempstead Original Screen Flay by Harry Tupand and Jock Tallen
Darryl F. Zanuck
"
In Charge of Production
A 20th Century-Fox Picture
TO WIN A BEAUTIFUL
LITTLE MISS BROADWAY"
DOLL
TO ENTER THIS
Six
sing-able,
dance-able
SONGS!
15 All The World Should Be Together",
Wars Paper", "Balay
Me As Did-Yoshiod Surg", "How Ceri Thank Yes", "A "While Broadway"
by Walter Bullock
and Harald Spid
SHIRLEY TEMPLE COLOURING CONTEST
All you have to do is to apply at the King's Theatre Booking Office for a copy of Shirley Temple Picture and colour it and send it to the King's Theatre before noon on the 7th December, 1938. Only children under the age of 16 are eligible for this contest. The results will be judged by the Managements of the China Emporium Ltd., King's Theatre and the 20th Century-Fox Film Corp, and their decision will be final.
PRIZE S
1st: ONE LARGE shirley temPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD. 2nd: ONE SMALL SHIRLEY TEMPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD. SEVEN CONSOLATION. PRIZES OF ONE SHIRLEY TEMPLE BOOK EACH.-⠀ PRIZES ARE NOW ON DISPLAY IN THE KING'S THEATRE LOBBY