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BARWAY
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of
Asia
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saki.. Kobe
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June 1 June 3 June 10 June 10 June 12 June 14 June 16. June 18
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conver Victoria Arrive
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June 27
THE CHINA MAIL, MAY 2, 1938.
EUROPEANS IN CAR SMASH
it
Mr. Podmore A party of four Europeans,
was proceeding behind a tramcar when outside whilst driving in Hong Kong, were the No. 7 Police Station, involved in a bad car smash but struck a tram standard with some were all fortunate to escape with force with the result that con- siderable damage was sustained out serious injury.
to the front of the car.
In a report to the Police, Mr. Mrs. Tink received injuries to C. A. Podmore, of Chardhaven her upper lip and right knee but Hotel, Kowloon, stated that he after being treated at the Queen was driving private car No. 4370 Mary Hospital she was able to along Des Voeux. Road, from proceed home.
west to east, on Saturday morn- None of the other passengers ing, with the following passen- were injured.
gers:-
:
Mrs. Tink, of Mody House,
Kowloon,
Miss Haynes and
DAMAGES AWARDED
Mr. H. Mittlestorb, both of the PERFORMING
same address.
WOMAN SHOT
17 Days HONG KONG to VANCOUVER BYIN
IN H.K. JUNK
DIRECT EXPRESS ROUTE FROM YOKOHAMA 18 DAYS VIA HONOLULU, PARADISE OF THE PACIFIC
Air-conditioned equipment on C.P.R. Trans-Continental Trains. Frequent Canadian Pacific Atlantic sailings to European ports.
TO MANILA
Empress of Russia on Thursday, May 5th.
AT 6 P.M.
Canadian Pacific
Union Building
SPANS THE WORLD
Telephone
20752/
G. FALCONER & CO (HONG KONG LTD.) WATCHMAKERS & JEWELLERS, DIAMOND MERCHANTS,
UNION BUILDING (opposite G.P.O.)
Agente for: ADMIRALTY CHARTS,
ROSS' BINOCULARS and TELESCOPES, KELVIN'S NAUTICAL INSTRUMENTS,
ENGLISH SILVERWARE Direct from Manufacturers,
High Class English Jewellery.
5
!
PIRACY
RIGHTS SOC.
(Continued from Page 4)
whether he understood music. witness replied that he did not but he volun- teered to sing the songs in Court so that they might be identified.
Concluding his case, Mr. Potter sub- mitted that the evidence taken on com- mission would prove that defendant' did not obtain permission to play the
Chat, protected music.
NOT RESPONSIBLE Mr. Fitzroy contended that his client
A Chinese woman, Kwok wife of the master of a H.K. cargo junk was shot and wounded by a was not responsible for the music play- pirate craft on the edge of Honged by the band. The band; he sub- Kong territorial waters on Satur-mitted was an independant contractor.
The whole issue, said Counsel, was a- day.
question of fact and not of law. De- The junk (D937H) left on Satur-fendant's case was that he employed a day morning with a cargo of rice band and did not know what they were and had reached Ta Mun Kwan at playing. He had no means of ascertain- ing whether the music was copyright 5 p.m. when six men in another boat, or not. three armed with rifles and three In the witness box, defendant said that revolvers, opened fire on them. Sail-his instructions to the band was
they play good music. The band lead- ing briskly before the wind, · an er was given payment nightly. Mr. endeavour to escape was made, but Castro informed him that a certain so- Kwok Chat was shot in the legciety, with whom he had no connec and heavy fire was continued where-tion, had rights to certain music. De-. fendant received a letter from plain- for it was decided to stop.
tiffs on January 29, and asked his The pirates transferred rice to band-leader, what it meant. The band- the value of $1678 and stole jewel-leader said he knew nothing about the existence of such a society. Defendant lery to the value. of $250. The went to see Inspector. Whelan, who junk returned to Hong Kong where was then in charge of dance halls, and the master's wife was admitted to the inspector told him to take no ‘no-
tice of the letter. Queen Mary Hospital.
SATURDAY'S SOLUTION
AREENS
EM THA
TER
RES
RRANDI
ANS 'S AMICE RRATUG TIPPLER,
INDO-CHINA
BAND ORDERS Cross-examined by Mr. Potter, de- fendant admitted, under pressure that if he gave
an order to the band he would expect them to obey it... De- fendant-explained that the reason why he did not go and see Mr. Střellet after receiving the letters, was because there was ill-feeling between himself and Mr. Strellet.
..
Mr. Potter: "I am instructed that. this is the first time Mr. Strellet has come to know of this ill-feeling."
2.
Mr. Fitzroy submitted that his client had no control over the band and that assuming he had, it was impos- sible to ascertain in the Colony which: music was copyright.
Mr. Potter replied that everybody had the means to ascertain.. whether certain music was protected. Inquiries...! could be instituted. The Society, pointed out Mr. Potter, was not obliged to give out information. It was for the public to make inquiries.
Defendant not only did not make in- quiries but repeatedly committed in. fringements after warning.
DAMAGES AWARDED
STEAM NAVIGATION COMPANY LTD Summing up the Chief Justice said:
To SHANGHAI, via BWATOW, CHEFOO and
TIENTSIN
TË SINGAPORE, PENANG
and CALCUTTA
"Kumsang"
"Kutsang"
"Chang On" 6th May 2p.m. "Sui Sang"
"Chaksang" 8th May 2p.m.
8th May 2 p.m.
14th May 2 p.m.
21st May 2 p.m.
"Taksang" 11th May 5p.m. To KOBE and OSAKA
"Kwaisang" 13th May 2p.m. "Islami"
“Leesang" 15th May 2 p.m."Hosang"
TO SANDAKAN
“Tai Seun Hong”
"Hinsan
4th May 10 a.m.
14th May 10 a.m.
12th May 9.a.m.***
.. 18th May 9 a.m.
been a defence. There are 16 differ- ent infringements.".
- Nominal damages of $25 on each in- fringement, was awarded plaintiffs.
An injunction order. with costs was. also granted plaintiffs.
The E. and A. Steamship "Nel- lore" will leave for Manila, Ra baul, Brisbane Sydney, Melbourne and Hobart on or about May 6 (Fri- day) at: 10:30 a.m.
HONG KONG PHILHARMONIC".
SOCIETY
The Annual General Meeting will
ARDINE MATHESON & CO., LTD. be held at the St. John's, Cathedral TELEPHONE 303IL GENERAL MANAGERS
Hall on Monday, May 9, 1938, at 5.30 p.m.
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Private notes are available after approval.