201
Princess
Six Local Counsel In Appeal Before Full Court
Six prominent Counsel were this morning engaged before the Full Court of Appeal, com- prising Mr Justice Williams and Mr Justice Scholes, in an appeal brought by Hangkan Kwintung Woo. solicitor, of Messrs Woo and Woo, Prince's Building, against the decision of the Chief Justice, Sir Leslie Gibson. in the respondent awarding judgment to
(plaintiff in the original action) for specific pedeperformance of an agreement for the sale of No. 48 Kennedy Road, together with an order that Woo execute a proper conveyance of the property.
allar Lia Ah-lan,
7
of
the
rit
a !
the Mir Eldon Poller, KC, the the sun and attorney Hon. Leo-d'Almada, KC, and second mortgagee (Ko Ho-ning) Mr Brook A. Bernacchi, all in- to the case, They had a conver- sation and Ko produced a letter, Atructed by Mr Woo, appeared
a copy of which he handed op: on behalf of the appellant. The
Lau-foris. pellant. The letter was one sent Llu respondent,
1 Hastings and Co. At the same widow D!
time Ko handed appellant a copy Koo Bhul-thing, allar Koo Wan of the reply received. Appellant sing. of the Shut Hing Com-also produced to the Court
from account pany, Nos. 187-195 Des Voeux statement Road Central, was represented Messrs Lo and Lo, acting on first mortgagee by Mr 11. G. Bheldon, KC. Mr behalf of
and Mir D.A.L. (Messa Kwang Suur Hong Liki). John McNeill
Instructed
Cross-examined by Mr Shel- Wright,
dop, Woo admitted that Messrs Hastings and Co.
1 up to the the time of judgment no claim In the action before Chief Justice, Llu Lan-fong, as had been made against him by either the first or second mort- administratrix of the estate of
He agreed that Ko Ho- her late husband, Kou Shui-pagee.
old friend of his hing was an claimed specific ting.
per-
and that the man was also very formunce of 药物 ugreement
rich. He further agreed that August 10, 1943, dated and made between Koo and the August 20, 1947, the second
norikagre had
written appellant. . K.
Woo, for the Messrs Hastings stating that he sale by Woo of No. 48 Kennedy
had no further claim. Ilond.
نام
by
NO CLAIM MADE
to
He explained that in D43 his
:
THE HONGKONG TELEGRAPH, · MONDAY," MAY 80, 1949.
Dodges Reporters
Slips Out Of Paris For Picnic
Paris, May 20.-Princear Margaret this afternoon KOVI newspaper reporters the slip and drove out of Paris for a private plenle in the country,
She left the British Embassy by the back gate and the Am- bassador's black Rolls-Royce whisked her across the city.
holly pursued by press ches,
It is understood that she had planned a private party and did not intend to disclose either hez destination or the names of her guests.
Earlier, the Princess attended morning service at the British Embony Church. She walked the 150 yards batween the Em- bassy and the Rue Falbourg St. sonore and the Church; which is round the corner. There were no barriers or police.
In the The Princess lunched pretty village of Barbizon, on the edge of the Forest of Fon taineblent, at the Hotel ties Charmettes, where Princess Elizabeth and the Duke of Edin- burgh lunched a year ago.
Barbizon became famous as the haunt of artists and writers of the last century, among the most famous being the French painter, Jean-Francois Millet. and Robert Louis Stevenson, who first met his American wife
there. Reuter.
INFURIATED
STRIKERS
(Continued from Page 1)
lale sun, P. Y. Woo, went to The arrests, began on Friday Macao and endeavoured to pre-morning. vall on Ko Ho-ning
The agreement was executeti Woo also agreed that between on behalf of Woo by his at the date of the passing of the Chan Un-chau, Woo Debtor and Creditor Ordinance Lomey,
time in June, 1948, and when judg- numselt being at the Free China, whither he had gone ment was delivered no claim
at reason
circumstances of any kind had been made created by the Japanese Invasion upon him. of Hongkong. The agreement specified the purchase price na G8,000 Japanese milltary yen and provided for Live payment on the date of the agreement 50,000 yen on account of the purchase price. That payment was duly made and acknow- ledged by endorsement on the The purchase was ngreement. to be completed within a month, but time was not an essence of the agreement.
In reviewing the evidence at the time he delivered judgment
to accept
The acting President asserted, payment in military yen at the "The government has documents rate of four milliary yen to one proving 7 general strike is Hoogkong dollar. P. Y. Woo being forsented throughout the pointed out to Ko that he was country
prologue to un- under obligation to accept, as leashing civil war that would otherwise the consequences have destroyed the foundations! would be serious. Under those of the motherland." circumstances Ko accepted pay- Не Bold the government arrested and banished. the Mr Sheldon asked why that leaders because the country Pennnot be at the mercy of consequences should be serious
mert,
01
SIDE GLANCES By Galdraith
Gullar tem
4-17
CÓPR, THE SY SEA KERVICE, INC. T. M. DER U.S. PAY, DRE.
"This club is going to seed-we haven't done anything the town thought worth talking about since our Halloween.
party!"
HK Engineering Company's $475,000 Profit
"With regard to future prospects, it looks as though construction activities in the Colony will not be as remunerative this year as in the last. though to date we cannot complain," re- marked Mr Horace Kadoorie, Chairman, at the 23rd ordinary yearly meeting of the Hong- kong Engineering and Construction Company Ltd., held at St. George's Building this morn- ing.
A profit of $475,211.58 on the year's working was reported.
Addressing, the meeting. Mr house constructed en. K. 1, L. Kadoorie said:
137.
Milestone
1
On Road To Peace
Schuman On Four-Power Talks
Strasbourg, May 29,716 French Foreign Minister.'". ML Robert Schuman, who came here today from the Foreign Minis». ters' Conference in Pariv, sald that: he hoped the four-power talks would – prove to be # milestone on the road to peace.
Addressing the Annual Con- gress of the Popular Republican Party, M. Schuman said that it was too carty to speak with any certainly, but he hopal the tulks -vodid, in any case," "lead in the abandoning of the cold war,"
The Soviet proposal for a re- turn to quadriparile control of Germany was described by M. Schuman as "a fragmentary pro- posal and a bed modus vivendi,”
"I hope we shall not have to withdraw to so defective a position," he added.
"France wants a soluilon for Germany for His own sake and stat against anybody. For us,
and Germany is not a pawn, must not be considered as a potential accomplice in a futuro conflict. We do not want any- body to use Germany agairist Russla."
M. Schuman then made a reference to the developments after the war of 1914-18.
of
"Certain
people talk Rapallo," he said, (The Treaty of Rapallo, signed on Aprli 10. 1922, between Germany and Russia, cancelled mutua) claims to reparations and provided for most-favoured nation treat- inent in trade dealings).
"I can re-assure them. The Soviet proposal cannot form a useful backstage to anything M. Schuman like Rapallo," declared. Reuter.
NEAR DISASTER
IN GREECE
(Continued from Page 4).
EAM which enabled British Greek National troops and
to cross the demar- Guards cation line on March 2 and oc- You will remember, Gentle- Mr W. A. Welch seconded the cupy previous ELAS territory.
""Their duties", "explains the] men, that our houses on adoption of the report and state-
reports, "were to ensure the K.I.L. 4137 suffered very henyy ment of accounts. en February 25 Inst, the Chief
On the proposal of Mr A. V. disbarulment of all irregular Justice Eald that the defendant fer Ko when he was at the time]this small group", At least nine damage during the Japanese: Skvorzov. seconded by Mr D. forces and in collect the arms
prominent opposition occupation. I am glad to tell to give a living in Macao. Woo replied that ther
agreed to (Woo) underlook
Ko had various leasehold pro-leaders followed Lechin Intu you that during last year we re- Cohen, Messrs 'W. A. Welch and which ELAS had title free from encumbrances
exile, Including two built two of the four houses, and Lawrence Kadoorie were re- surrender. Large quantities or clause of some importance be-perties and businesses in Hong-forced
arms were, in fact, Furren cause pre-occupation mortgage kong and it would have been colonels and two lieutenants in have now almost completed the elected Directors.
for the Japanese the Army, three politicians. other two. On complying with Messrs Lowe, Bingham and dered, most, of them in a poor were outstanding to the tune of easy enough
authorities to get at him if he one banker and one Communist the Government building coco-Matthews were re-elected at state of repair, but an un- IIK$100 000
huri refused,
newspaperman.
venant, we will be entitled to tors at an increased remunera known, though large, quantity The balance of the purchaser Shelton: Why did not in workers reached
you
The temper of the Patino apply for Crown leases, and this tion of $3,000 on the proposal of of the more elicient weapons carefully boiling point we hope to do shortly. We out Mr. Braga, seconded by Mr was concealed
organised
After or- prico was in due course pald in the Court below? What I suggest after months of negotiations for not forget that eighteen of our M. W. Lo.
Present at the meeting were: P
many uf milltary yen, the amounts ed in the Court below was that wage increases which the com- other houses on K.1.L. 2057 stili outstanding
these secret caches were dis in respect of the you knew perfectly well that pany claimed would wipe out require major repairs in order to Messrs Horace Kadoorie (Chair-der had been restored
preserve them. These repairs man), W. A. Welch and M. W closed by the local inhabitants. mortgages were paid in military | Kn, your old friend and a vary its profits.
(Directors), E. Sahmet will cost us in the neighbour-
for there had yen, the first mortgagee executed dich man.
Putino, in the Catavi region
been a violent would not In fact
more than 8.AU hood of $250,000 and will have (Secretary), and the following A reassignment in English form rich man,
form make any claim against you at employs
shareholders; to be taken in hand.
Mesars A. M. revulsion of feeling away from EAM:.but undoubtedly a pro- Braga, A. V. Skvorzov, J. Grant
portion escaped discovery. D, Cohen and Lau Loi-on.
PAID IN YEN
not been
the
11
dik-
there was a small prellinissary point which Mr d'Almada was going to raise and after he had bren heard he would start.
rart to call further
to that
Won: Mure effect.
Why did you not mention to the Chief Justice that this mun had been forced to take money. If that was your care?--- I had no occasion to do so, and
true. I do not peree
Court the
Memorial Day
This Observed Here
that the
4
intention, on his (ant dent with the appeal [lol. He
That evidence. he said,
WGS
not available at the hearing in it that the clelm Invnived the
en gangtual in his ense, a letter from
Tribute to the war
were offered
home leave.
14.12
Lo
in
Off The Payroll.
There were certain irrecon- cllables who took to the hills;
but their numbers were very
to 119
were
any sort of control-on, these long and mountainous frontlers, Our troops now. turned to the Lask of organising relief for the civilian population."
A TRIBUTE
LEE THEATRE
ADVANCE BOOKING" OFFICE: CHINA TRAVEL: SERVİCE & GUREN'S NO.
BOOKING HOURS) (146 km) M 530 JUR,
4 SHOWS TO-DAY AT 2.30, 5.15, 7.30 & 9,30 P.M.
SEE IT NOW!
MARCH-SCOTT
you can
ONE
FOOT
IN
TREDRIS
HEAVEN This is
From pha beloved biss-seller!
ARAP TOGA
A WARNER BROS. SUCCESS, WIN BEULAH BONDI« GENE LOCKHART » ELISABETH FRASER
HARRY DAVENPORT LAURA HOPE CREWS -- GRANT MITCHELL
Directed by ] IRVING RAPPER
- Manage Pon the back by Mana karna OP!
ADDED:
È muck by war beeter a vanne haulik shartnel Potas
LATEST CAUMONT BRITISH NEWS
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YOU'VE NEVER SEEN ANY THING LIKE IT`
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SHOWING
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JUST ABOUT THE MOST WONDERFUL ‹ ~ LOVE STORY. EVER FILMEDI
SAMUEL COLDWYN
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Enchantment
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DAVID NIVEN. TERESA WRIGHT
EVELYN KEYES FARLEY GRANGER. Bareen Play by John Fairies – From the Novel by Humer Golden Directed ba IRVING REJA Released ku NKC Tudía Fieturas“ far.
NEXT CHANGE: HERBERT WILCOX.
presents
ANNA NEACLE
MICHAEL WILDING
"SPRING in PARK LANE"
Distributed by. London Films.
THE MOST UP-TO-DATE THEATRE ON THE MAINLAND
JURDAN KD.
of
KOWLOON
Meesha Lo and Ló neting for the were to be discharged by pay- Mr Potler next dealt with the good demand for our products / OUTWARD MAILS | wul assume the gulse of an ID-
TEL: 18333.
LIBERTY
SHOWING TO-DAY AT 2.30, 5.15, 7.30 G
1 METI, FROM
THE TAUMATI
Dr. MEI LAN FANG
IN HIS FIRST SCREEN DEBUT,
and assignments of the property all. Da juu remember me put-miners-United Press. In favour of the purchaser were
' KEPT BUSY executed in English; Chinose that to you?
anet
Turning to the Jianere forms. For spor cones
construction side, the Company has been kept the transaction was not carried
very busy throughout the year. to completion by registration,
Wo received
a fair share of QUIT COMMUNIST
small because of the lack or either with The Javanese
business, both with regard to
ORGANISATION Puthorities or under the British
general sympathy, and construction and plling.
could only maintain thest- kw of Hongkong, and
could that by
dead of were employed in the erection difficulty now
Brussels, May 20--The selves in any strength in the in point of fact I handed a rinte-Amerten was paid this morning of cotion mills, store buildings,
Belgian Imunediate Socialist-dominated
neighbourhood reason of sections 3 and
ment to my Counsel regarding at the Kuhlar Memorial at the sub-stations, Bmber stores and
and the Debtor and. Creditor
the Albanian, Yugoslav (Occupation Period) On my visit to Macao on January junction of Tin Lok Lane and various other industrial works. Federation of Labour, controlling
800,000 workers, today' quit the Bulgarian borders. The forces 22, 1949, to see Ko Ho-ning.
Federation of Trade available
com re-World of 1148, the mortgage debts on the suggest that the statement in Lelehton Hill Road when U.S. In addition, we were asked properly have
Tinions. The
vote was 042,173 the letter about being forced to citizens foregathered. Mr G. D. recondition a number
United States Consul- sidences. charged."
withdrawal and 78,181 pletely inadequate to exercise for. prayers i Mr Potter told the Court that accept such payment is wholly Hopper: attended and
During the year our manPESE, against, and 20,868 abstained.— untrue and you know it is un-General. * by Comdr E. H
Mr A. V. Skvozov, returned from United Press, Arendt, Chaplain on board the his well-deserved RIGHTS RESERVED Mr Bernacchi remarked that it USS Elderado, whilst a proue of While abroad Mr Skvorzoy made was quite clear from a letter men from the U.S. Marine Corps study of various industrial provided the guard. Four enterprises in America. England raise "l'Almada said that the
notice ny before groep out of
Bucharest, of the memorial and were later, investigations he paid particular
May 20-Two Fel'ant sent to respondent, of mortgagees had reserved their wreaths were laid on the base and the Continent. During his
In a final tribute to the dis- rights,
taken to the Colonial Cemetery nitention to air-conditioning, nir- Mr Potter then want on
felds, factory lay-outs, etc. Reman Catholle bishops and
130 Catholic priests and church clpline and determination
Services who en pleased to ray that the re dignatories in Rumania have the British
success "D the Court below and he did fate of Wee's property free from satisfied and that the purchaser ult of Mr Skoverzey's holiday. af en off the state pay-sured the speedy
Supreme Commander ITALIC activity. not think the Court would re- cucumbrances. Under the agree, would be freed from it; and (4) which art have Indicated was roll. They are accused of anti- thesa desperate measures, the
Anle In August-cccording to the then existing very much combined with bul-
***The #ghting រង The dismissnt was announced cludes: quire authorities for it, in the ment of
Who was to occupation in the mortgage ness, has already been lucrative. circumstances, to be admitted. September 1943,
ministry of religion decl- Athens was peculiarly bitter, Our querry at Hok Unission on Sunday morning-As- as is only natural in the ca Further, Mr d'Almada said heceive 60.000 military, yen for debts were in fact completely to the Company's businers.
of street fighting against sociated Press, I'd his learned friend, air property, and he had then discharged in September, 1943,
the extent of and were regarded by all parties proving a steady source of in- Immortgages to
come. The stone is crushed by
treacherous enemy who can at That appellant She don
TIK3103,000,
as being completely paid off. Mal received, since the judi
VITAL POINT
two electrically operated· crush- ing machines and there Those mortenres plus bilerarti
nocent civilian I owe it to It is hereby`nolibet that mail the fighting men of the tree military yen and question of frustration which, be
Turning to the Accounts, 'ne list mortgagen setting out the ment of
to Shanghai and Korth, CHIBR
Services to state that in spite Stainl amount outstanding on the whereas they were in fact dis-said, was a vital point of the pront for the year under review
cannot „ki, secepted 'unità'Iarther
The aggravating circum-- mosies. fret mortgage as from the ap-chacved by virtue of the judge appeal. In his judgment
with amounts to $475,211.68, to which must be added the amount
Calen wibrruise stated, re- stances, and in spite of the gistered articles illant. 11.K. Woo. Mr Sheldon ment delivered against him, and Chief Justice, dealing.
witnessed which they tion frustration, said, "No doubt he brought forward from Inst
poste close 39 minutes MAITINT when he made year
were
in calculated 136.241.30, giving of
Infami ihan the ordinary, mail · IT malls. roing In. said
Mr of the Dehtor and Creditor Or-
clown before 19 am, Eglaburné them against their adverts, now com-the agreement to pay off the an amount available for ap »A nyula, and if the Court was nance. Woo
and parent'posta close XL à 9.0. mortgages mortgages out of the purchase propriation of £611,452.88. Jess
they never failed to laplay' en the previous day, statis are arerable he would cal that polled to pay the
spirit of understanding,, ngater- inprice and possibly he would not such amount due for Corpora- cloud at Kewloon Cretral Fest which
discharged alint, Federlenen now.
the have made the agreement if notion Profit Tax (1949/50) 'pay once half an hour gasther thaN ation and chivalry, and above August September, 1943, NO OBJECTION
all, to do their duty." Al-Janico Wi'ioms; Me extent of HK$103.000 principal could have foreseen the ennetable on the profit for the year the oro desins, Limes.
but
under review.
་་ mental
MONDAY, MAY 26' Shekoni, have you any objec-plus interest to drie, and less ment of the Ordinance,
WAR LOSSES A
Closing Time Dy Abr tion in further evidence: being 's property as well. In other cannot - regard
Worl
Chungking. Swatow Counsel declared, the reservations on matters net denit
Regarding the 'em of $514.- called?
moricaret were revived, and if with in the agreement as going Sheldoni No, my Lord.
Closing Tintén By „Bra' Mr Justion Willants said that tie judgment was correct, ap to the root of the agreement and 200.07., being War, Losses, there Kummins, Luchon, Hotnow and obtaining reparation." End ·In USA. Canada, Central and South looking at the judgment he and print had to pay that money. I am therefore of opinion that very little likelihood of Tape 30 p.m.
via San Francisco (No Four points emerged from the there was no frustration,* Mr Justice Scholes felt that now,
Such a statement was wholly view of the fact that we have America
***Formosa, vis Keelung ♬ D.BL eldenes should not be called dement, Mr Potter went on.
this s
Recount since the reoccupas - Manila 3-pum) it.it did not form a determining They were: (1) the military yer Incorrect. Mr. Potter submitted, not wrliten down anything on Parosis for Canada). p.m.
Haiphong a pan, that ́ ́or important influensé · on thie - was the only recognized currency | There was no question of antion, our Board deem-It'w're to
JASTUKSDAY, MAY 21, The case put at that time and it was a mental reservation on the appel
- Cloning Times By Al that that ritninat oftence to make a pay-lont's part; in fact, the debt had write down War Losses to $120,-
000.00.
Tangouts, Chiquito, paraent, (Danrs. Our Balance Sheet shows that Niebl Mambush Dar-es-for ciple would apply only it ment In Hongkong dollars; (2) been paid off. other aldg. Since Mr Sheldon Payment in military yen of even load was to be free from en- at the end of the Company's uritius Johannesburg and Cairo there was, objection from the the creditor was bound to accept The sale of No. 48 Kennedy
pre-war Hongkong dollar debts; cumbrances, It was not financial year our overdraft in Karachi) Alexandria Rame and rely)) (215) In my Experienc allout drive to stamp out filett hnd raised no objection, he was (3)the first mortgages was in severable but a complete agree with our Bankers amounted to top CPO) 4. p... by Complantabackenzie copying and use of American ingapore Banga ncraffisses win. trade marks by Japanese manu Falkanku prasknlod, by) David Powejle; merely bringing the account
ount "fect to paid off at the time when ment. It was manifest from- $267,577.39, which has beat ina 14 date and completing the plow the agreement for sale was dealt what happened in September, creased substantially since that Mania Honolulu. USA and Jones (audio) 1200, rom thefacturer of cigarette lighters Keep Editorials of Londonis Relay)1- 9.15, and other items have been Posts for Mahlis Honolulu ne Conorio Violin Condro-No-stymaid by at 1
·Jeast'one' uelarant, Fiamfi tura, to Lyspeaks If the Court with in Hongkong and the first 1945, that the purchaser would date.
would WAY HOW
mortgages executed a reassign not have touched that property With regard te future, pin. Kawicon CPO),456 pm, in De Bainor, Wieniawaal 1:3Telfers
Land the London Philbarnsente:Orcha makotýživa LEADS VEN TRENDER, the ment of his mortgage, and the'f .hà had not been■átisfled"äti pects.. it looks as though-con-:¦ (OPO):4:2,12 PASTES M
1. Ordinary Lález, Mande (Printed", condurud by: Jóna: Barbirolle Man, This maker has his lighters *** cold mortgages who was in the time that the encumbrances struction activities, in the Coton Motters, faimsiery & gamall sets Clocharles songs Mourning, stampedrade In USA 'evidence.”
dence in the Macat was paid off at a later had been paid off, any more than will not be a remunerative this Porns for Mania, Guam, limeruhi of Tolle The Cator gain contends LEASEHOL
Woo wild that date but in the meantime: and Woo would have sold the one year as in the last though to, and Ui8.A) (Kewise, CPO) ER, Bech]} [BBSTUTE LIMOREDADOR, to the
had indeed with the consent and at perly if he were not satfeed that plate we cannot complaini AL PILE (OPO) & PAT.
pt the mirchaser the encumbrances had been cis, Inc. at the rentals of four pros Bengkokkan idantëhë: P2 Fiven that the charged.
Tecome mortgage would. With DE FATHE
arei tad no objection to that evi- the Chef Justice's construction/Wool hoped,
will
-
CERTAMwenda" - zuid that, that
principle
were
Was
these
the
DE
parcel
Amay
sta periles are concerned these who how an inerente dumto the now.
begon i kemi fydder als
walow depu
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