STAG HOTEL PARTNERSHIP
Not Dissolved, Says Appeal Judgment
IMPORTANT LEGAL FINDING
Judgment for the appellants (partners) was delivered by the Chief Justice, Sir Leslie Gibson, in the Appeal Court this morning in the Stag Hotel Mr Justice Reynolds sat partnership dispute case. with the Chief Justice. Judgment was also given in favour of the same appellants who were respon- Both appeals were dents in the second appeal. against the judgment of Mr Justice Gould delivered on July 31 this year.
In
occupation? His Lordship said that it was quite clear from the authorities that the bails of the rule under Common Law in England was the illegality of communication (which was essential partnership) between residents in England and bety residento in enemy territory. Mr Wright, he said, went further and argued that in England the prohibi- ton of communication was regarded
The appellants were Li Tsz-enemy chiu (aling Wong Yip Tung, alins Fook Hing Tong), Li Kiu- po (alias Sau Tong, alins Chan Chak Tong), Ho Chup-suen, Wong Chan-ahi, Tong King-fong and Ngo Chuk-kam (alins Pang Yee-tak). They were repre- sented by Mr H. G. Sheldon, KC, instructed by Mr M. A. da da Silva,
the
8, extending to residents in Allied territory just as much ne to residents in England.
NOT SUPPORTED
The respondents, who were former defendants, La Kar-yom (alias Lo Chi Sing Tong, allas Chung Yee Tong, altos Sing Hing Tong) and His Lordship continued: To sup- Chan Mo-ching (allas Hing Yip port his argument that the partner- Tong, allas Pok Hau Tong) were re-chip in this case was dissolved, Mr presented by Mr D.A.L. Wright and Wright must go further and his Mr A. Clifford, Instructed by Mr further proposition is not supported P.L.. Lam.
THE HONGKONG TELEGRAPH, FRIDAY, NOVEMBER 26, 1948.
WOMAN OF THE YEAR' Bramuglia's
Dr Lillian M. Gilbreth (right) of Montclair, N.J., re- ceives American Women's Association 18th annual "Woman of the Year" award from Mrs Fanny S. Sweeney (left) at Waldorf Astoria hotel, in New York. Dr Gilbreth, 70- year-old management engineer and mother of eleven chil. dren, was honoured for "eminent achievement" in commerce and industry.-AP Picture..
Honest, But Not Always Courageous Painting
An exhibition of paintings by members of the Hong- kong Art Club was opened yester day by His Excellency the Governor. This is their first annual exhibition, and they are to be commended for their intention to put something new before the public of Hongkong..
Unfortunately the amount of courage shown in the approach te their subject is not to be lauded
ways of treating a central theme, but there is always the guiding light of truth and honesty, and artist is true to himself, then he has responsibility discharged whatever he has to the public.
The appeal was for the judgment | unde, ority. He must argue that In the field of Art there are many
of Mr. Justice Could on July 31 to be reversed so far as it directed that the Stag Hotel--Man Kee had been dissolved only to the extent that a partner was admitted to the partner- ship; and that the partners were the seven appellants and did not include Lo Kor-yam.
SECOND APPEAL
On November 13, Lo Kar-yom
became
the law of Hongkong-(a) residents in Hongkong enemies on the Japanese occupation of Hongkong, and (b) residents in Free China were therefore unable to communicate with them or remain In contractual relations with them.
The truth, like a cut
ANOTHER
the STAGE CLUB
diamond
I am unable to accede to these has many facels which have been of Eng- described by many 'isms, such 113 The law propositions. Innd regarded occupied Hong-impression (from without) and ex- Technique kong D$ occupied territory. pression (from within).
SUCCESS
"GRAND NATIONAL
NIGHT"
Mediation Doomed To Failure
Paris, Nov. 25. -Well- Informed sources today sald that the United States, Britain and France in effect told Dr Juan Bramuglia, chairman of the United Nations Security Council. that his attempt to solve the Berlin currency dis- pute was doomed to fallura,
no
This means there is almost chauce of early solution of the Berlin crisis by mediation In the Security Council on the present basis-making the Hussinn-issued German mark the Role currency for the city and Russia in turn lifting her blockado.
In their replies to
questionnaire by Dr Bramugila on Berlin currency problems, the Western Allies advised him in effect that he was attempting an impossible job. Dr Bramuglia is keeping secret the replies he received from the Western Allies and Russia but it was understood the sense of the replies is
situation
3
Western powerThe deteriorated so rapidly in Berlin in result of Russian recent weeks as actions tending to divide the city that it is extremely dimcuit to work: out a currency plan now. Such a plan would involve four-power con- trol and supervision over the Rus- sinn-issued currency.
SOVIET REPETITION
-Russia-Te Soviet merely re peated in general outline the agree- ment reached in Moscow with Mar- shal Stalin on August 30, which was to direct the commanders-in-chief to reach an agreement on a detailed currency plan.
Though "neutral" members of the Security Council plan to continue mediation, even they are becoming pessimistle,
all out at once, including
It was reported that Mr Andrel Vishinsky, the chief Russian dele- gate, asked Moscow for permission to let. Dr Bramuglia publish the
to the Russian reply
currency questionnaire. The United States, France already have Britain and asked Dr Bramuglia to publish their replies, but he wants to put them Russia's answer. The Western Allies want. their replies published so they can brought an appeal against part of and It acems imposable 100, has lots of names, often con-
show they are still pursuing a united Mr Justice Gould's Judgment. 10 contemplate that the law of founding to the layman. Some con- Represented by Mr Wright und r
have used thu Wright temporary (and Mr
painters
Well-cast, well-directed and policy on the Berlin situation. the Hongkong itself
A split was disclosed when Britsle that
by contended Clifford, Lo
certainly most important, well- and France submitted to must rely on the Common Law us aesthetic diselpline represented
Dr be reversed or fortning part of the law of Hong the cubist tradition, not
of course judgment should
separate memoranda the only varied so far as it decided that the
in modern acted. it is not surprising there Bramuglia kong) could operate to turn all the Partnership of the Stag Hotel-Man residents of the Colony lato enemies. painting. In
therefore that the Hongkong Stage giving their views on the currency Kee was not dissolved by operation Could it, for example, by turning that movement towards the libera- Club's presentation of "Grand are trying to show that despite such→ of law, and that it should be ad- them into enemies preclude themtion of colour represented by the National Night" captures in-minor incidents they maintain
partnership Wn3 judged that the
and
solid front in the cold war-United names of Van Gogh, Gaugin from suing in their own courts?
Press. dissolved,
It might be that under some law Matisse. Too frequently the people ferest from the start. second
of the Japanese administration (no wao are, exhibiting their work in such law has been established), the St John's Hall have attempted to he principle was applied in reverse as so very true to their subject ret, the basis that Free China
the 401 so very true to them laughter. the enemy, but in that case result would flow from the Japanese law and not from the Common Law as in force in Hongkong,
were
became
The respondents in this appeal, also heard before the Chief Justice and Mr Justice Reynolds the first the appellants in
of Kam appeal with the addition Chi-ting (ixth appellant) who, when represented by Mr Brook A. Bernacchi (Instructed by Mr S. Ng Quinn), was given leave to with-
In that uppenl. draw from
the
ANSWERS TO ISSUES second appeal he was represented by Mr Sheldon, instructed by Mr Ng
Dealing with the question raised Quinn, who also appeared, on the
plaintiffs appeal Instructions of Mr Silva, for Li Tsz- by the chi, L Kiu-po. He Chup-suen, whether Lo Kar-yum became a Wang Chan-shi and Tong King-puriner, his Lordship, after referring
to the submissions
fong..
Mr.
03
to
r
with one
by
There is a tense feeling of ex- pectancy natural in * murder drama, with plenty of room for
dispute. The Westerners at present
FULL COURT
APPEALS
on
A
answer may be that a detailed Henry Jones ts Gernid Coales of the gives a most creditable performance. and accurate representation subject is surely the greatest ob-
during His poise and calmness tainable truth. I am reminded at what is apparently a terrific strain- unce of a man who knew very little that of a recently committed mur- about painting, standing before der and his love for Joyce Penrose-- picture of Turn 's which had been ands response in the very sincere ARGUMENT ON LAW hung side by side Picasso done during his sojourn in acting of Sylvia Small.
ON ACCESSORY Morocco. He remarked that Turner's Clifford Davis as Philip Balfour one Was very beautiful but could not, on the first night have of Mr Wright surely something which God did so been better cast-gestures, manner, garding an accessory before the Argument the law re- | Wright The seventh appellant, Ngo Chuk-and Mr Sheldon said,
very
much better, whereas upon ming
all calling for a most dc- kami alias Pang-Yee-tak-was-also- contendied Ual, even if it was held looking at the Picasso he felt so served applause, and Jack Winkler fact was heard by a Full Court
Sheldon, the
that Lo by Mr represented
Lo Kar-yam was not a part- warm that he wished to remove his us
came Buns Darling
good comprising the Chief Justice. instructed by Mr G. S, Ford.
ner, yet the money pald Into
coat The observer should osksecond as the man everyone knows Sir Leslie Gibson, and Mr im is LEGAL ISSUES
cifected by a co himself not, Is firm by him
that recognisable? the bore structive trust.
and no basis
to dinner Justice Reynolds today in the Dealing with the contention by
but what has the artist got to say? and hangs around, oblivious to any Criminal Appeal Court. The appea! Mr Wright that a partnership was for this proposition.
What comment is he making about one's feelings, insensitive to Ber will automatically
appellants dissolved if, at the of the plaintif
his subject?
casm, but not above doing a good turn, if most unintentionally. outbreak of war, one or more part-therefore be allowed with costs and
ap ners were in England and the other the appeal of the defendant
with costs. The partner or partners were in enemy pellant refused territory, and that the same princi-auswers to the issues are: ple applied it, after the
con un
the
1. The Stag Hotel-Man Kee has
outbreak of war, one or more partners went not been dissolved at any material
enemy territory while the others remained in England, the Chief.
to
time,
who comes
口
In some of the paintings now on view the artists have shown cour- age with the use of their medium
SUITABLE ROLE and have made an honest attempt to come to grips with their sub- Morton, the faithful retainer, Jeet. One painting by W. G. provided a suitable role for Mr Wormal, No 88, an oil of Stanley Oblitus, who must have spent many
cel
miniature.
The appellants were Chan Shui-}
appealing ping and Tsang Kau,
Kau, against sentence, and Wan represented by Mr Brook A. Ber- nacchi, instructed by Mr M. A. da Silva, appealing against conviction. Mr A. Hooton, Crown Counsel, was for the Crown, Village, three water colours by an early morning 'breaking into his Chan and Trang were sentenced Justice said that Mr Sheldon had 2. (a) The hotel remains an Fok Hon, a landscape in olls by part, for it certainly required very to rine years by Mr Justice Gould stressed that if Mr. Wright's con-asset of the partnership. (b) The Lee Byng and a watercolour paint-polished acting--and had it.
on October 28 for robbery in the tentions were well founded, half the partners are the seven plaintiffs, and
New Territories and possession of Delective Inspector Ayling partnerships in Hongkong were dia- do not include Lo Kar-yam. (c) No. 57 also by the same artist, of colour
given the same (Berkeley Grimin Pearce) did not arms. Wan was solved during the occupation by The partnership as such was not all show an integration
sense and on obvious affinity. with of
give the impression of having terms for being an accessory before reason of the fact that so many constructive trustee in respect
their subject, Mr J. A. Sterickter sumetent polse for man of his the fact. poriners in Hongkong firms went or moneys (if any) provided by the
in his oll painting of Hongkong standing and ought to have soundca The grounds of hardship on. their escaped to Free China Cr other defendants and used in the hotel Harbour has produced a very large more sure of himself, and there was families, raised by Chan and Tsang,
business. Allied territory during the occupa-
3. The partnership is as indicated
not enough sympathy between him falled, and the Chief Justice, in dis- tion.
Number 32. an oil colour of a and Sergeant Gibson, played by missing their appeal, told them those In the answer to issues 1 and 2 (b) and the name is immaterial.
fame tree la particularly pleasant: John Randall. Mr. Pearce, however, were the grounds to be considered the description of light and the use is capable of a better performance, before they committed the offence.
Wan by of colour has been most successful as shown on relftursal night.
grounds raised
that Coombes, and if Mrs Dalziel continues with Phillipa
had
thengainst his conviction were: 1
withdrawn FORCED LANDING her decorative approach, she should difficulty of playing two roles, of the Judge should have
which the second was definitely the case from the jury at the close It to be hoped that the public more suitable than the first. As Babs of the prosecution case, 2, that the of Hongkong will show an interest
Coates, sho did not Impress very Judge misdirected the jury on the in this exhiblilon. All the artists much as the drunken wife hoping to law as to an accessory before the Manila, Nov. 28.-A Trans-Asiatic are Sunday afternoon painters.usband she loved. It was nothing against the weight of evidence ad-
over again” with the
the conviction Wis fact: 3. that Dakota, en route. from trying by their efforts to stimulate.
to
But Manila, with
but shout after shout. ideas about A part of a general Pinkie Collins,
missible against him.. made
good-hearted, culture which is so lacking in this
middle-aged woman, and sister of Colony-D.R.B.
Babs, she did very much better.
Considering it is Peter Gregory** Arst attempt at play direction, he has succeeded admirably, and the public certainly can look forward to futuro productions under his
to
Mr Sheldon, he sald, inade this emphasise the point merely Kravity of the issue and clearly +
!!
affect the 1iot
legal issues involved. "The cardinal principle of
Avalem MIT
it
Justice." said Sir Leslie, "is that the Courts should confine themselves to the interpretation of the law leaving ques:ions of policy and expediency
OF TAA PLANE
go for.
passengers.
27
for the legislature. It is on the Airlines maintenance of this principle that the Hongkong independence of the Judiciary and Chinese the power of the Courts to protect emergency landing at Lingayen al the rights of the individual so largely port. in North Luzon, late yesterday. The local TAA office sent a relief depend..
plane to pick up the passengers, all of whom were from Amoy.
Captain Francis McGowan, pilot of the disabled craft, mude minor engine adjustments and continued the flight to Manila, arriving 10 minutes after the passengers brought here.
The
Civil Aeronautics ministration opened, a routine vestigation.Associated Pre
were
Japan Paying
Too Little
tho
guidance.-M.-H.
a
London, Nov. 25.--The question of ALL READY FOR compensation to Malaya by Ad- Japanese for war damage is to bu raised in the House of Lords on Tuesday by Viscount Elibank. He gave notice of his question yesterday,
He will ask why "out
KCC DANCE Arrangements are, now complete
The
The Full Court reserved its de- cision after hearing arguments by Mr Bernacchi and Mr Hooton.
ANOTHER APPEAL
brought by Another appeal Cheng Ki-chun" wha; dismissed by. the Full Court.
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20
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(Confinued from Page 1)
17
With Tangku as a supply port This support, while negligible, and a
on the railwy | from World War Two standards, 19 branching from these points to doing its share in holding the Reds Pelping und Tongsha, he should be at bay-Associated Press, | in a.good position to safeguard this
xong.
ONE BRIGHT SPOT
NO COMMENT:
Pelping, Nov: 28-Dr Hu Shih, ex- ambassador to the United States, sald Cheng was sentenced by Mr
Talyuan, beleaguered capital of today he had no comment on Chinese Justice Gould on October 10 to five Shansi, remains one of the brightest press, reports that he had been offer-
the "whole; Nationalist | éd the Premiership. years and 12 strokes for wounding spots in
to and possession of a dagger situation in North Chink." which charges he pleaded guilty.
Cheng pleaded that he and his
before mother were assaulted
aorted to his dagger,
he
The report which came from Nan- The Reds have been attacking king said the offer had been made an behalf of Chiang Kai-shek, by Talyuan for seven weeks but tha Rovernor of Taiyuan, Yonne His-sheng, now visiting Felping
Minister of Information Tao Vice hold on.deßantly ready-sổ The
Dr Hu Shih, who 'ls President of says--to poison himself: rather than fall captive. His stand has been an the Nanking Peking University, en- vi's task. For the Reds took who regard him as one of the out- Talguan they would be in a position standing liberals in China today to apply a great deal, of pressure Associated Press. againat Pelping and Tientsin from
Pro-Government reports-' said.
VICTIM OF OCCUPATION - "On the law applicable, Mr Sheldon submitted that no authority could be ched where the dissolution depended on the Common Law as forming part of the law of the occupied territory In which the partnership was carried on, and that all the cases cited dent with partnerships which bo- came illegal from the outbreak of war or with actual transactions be tween Allied and enemy territory.
Mr Wright's contention, "I accept Mr that Hongkong was the victim of a
austerity Jofal of £65,000,000 on for tomorrow's dance at the KCC award- which is being organised by the Japanese occupation' as opposed to,
Solo Survivor. Dies
ed to Malaya for compensation for tennis section. a miere invasion. No evidence was.
war damage, Japan is due to pay in led as to the fact of nature of
Hamburg, Nov. 25.Flight Lieu- roparations only £10,000,000, while Last-minute bookings: may occupation and I have not the pros tenant J. E. Wilkins the sole Malaya has to shoulder £35,000,000, made at the clubhouse this evening. cisa information which could bo
survivor of the British Dakota air- Lord Elibank will also ask why and there will also be unreserved of craft which crashed in the Soviet his unfair proportion payable by tables available tomorrow night. Among the many features of the South," State. but the facts are
on November 17, died In Japan" was agreed to by His Majes Some novelty dances have been tomorrow's edition of the Hongkong knowledge in Hongkong and
Schoenberg Hospital today after
ty's Government," in view of the planned, including the "Snowball" Telegraph will be the first instal- this case. For my doctors had fought desperately, in fact that Japan contravery in
caused · al the dance, which will be introduced for ment of the life story of Sir Patrick Yen received several thousand air- It is sufficient to say that save his life.. purpose occupation similar to
that
His wife, whose home in damage inflicted many brutal and the fist time at the KCC. Hastings, KC written by himself. borne reinforcemonts In the past" barbaric Injuries on the populace,and The Embassy Sextet has bein This story of the rise of one the few weeks. Airdrops to his lonely of the Netherlands by the Germans." Shropshire, was at his ride when he British prisers of war, and combod engaged to provide the music, and outstanding lawyers of our genera citadel are being maintained and: 18 The Cillet Justice next dealt with died. The Soviet. authorities have the tin mines and the rubber estates during the evening light refresh- tion in a faschaling record of how accounts from bath foreign and MONKURENCINGB, Part of the last of, to enter the Soviet Zone after Aving
the head of the tionalist Air Force. recently hak, yesterday. by BOACK on his way
been giving him. Increased support. hack to Hongkong.
"tha
the
obtained through a Sec common Zone
it was an,
be
Life Story Of Sir important contribution of Fu. To joys much prestige with Americans,
Patrick Hastings
·BISHOP HALL ON WAY, BACK
The London Correspondent of
the Hongkong Telegraph @reports
the questione How would the Com- waived all formalities to enable her of many thousands of pounds worth ments will be served, and there will one boy, in spits of diro poverly, | Chinese sources are correct the Na- that Bishop Hall: left, Southampton,
bel Interpreted in Hong- from Britain to be with her hus of tin and rubber. -Associated be a novel and amusing entertalaitted himself to
ment for the Indies." *Hie "me" Colony was under band-Reuter,
Press.
profession he chose,
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