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Agents, Canton-Messrs. Dodwell & Co, Ltd., Shameen
THE CHINA MAIL, SEPTEMBER 14, 1939.
ITALIANS APPEAR IN CONTEMPT OF COURT CASE
A MOTION FOR CRIMINAL proceedings for contempt of court for disobedience of an interlocutory injunction of the Supreme Court on September 8, was heard this morning before Chief Justice, Sir Atholl MacGregor, against Federico Parlani, registered owner, and Pietro Dellachha, the captain, of the M. V. Roma.
Mr. Leo D'Almada, Jr., was for Chi | he had to obtain the necessary per- Kim, while Mr. H. G. Sheldon, in-mission. Parlani wanted to have no~ structed by Mr. G. G. N. Tinson, of thing to do with the ship, but in Johnson Stokes and Master, for de- delivering it over, he wanted to have fendants.
no responsibility.
After the hearing, the motion against Parlani was not allowed, but that against Dellachha, who admitted a technical breach, was ordered to pay a quarter of the taxed costs. Par- | lani was allowed costs.
Mr. D'Almada said the question whether the injunction should be dis- solved might arise, but that could be left over until later.
The second defendant had admitted technical guilt.
Mr. Sheldon said that in granting the injunction, the court had been misled..
His Lordship pointed out that the case was heard ex parte. He had no guidance except the affidavits, and could but grant the interlocutory in- junction. The normal procedure was
The forthwith to impeach it.
in- 8 junction was made on September and nothing had yet been done.
KEYS WITH CONSUL The injunction was obtained last Friday, and Mr. V. Millington board- ed the Roma in accordance with the. Mr. Sheldon read parts of affidavits injunction. The injunction had been which suggested that if the injunc... granted ex parte, but notice that the tion were not granted, the ship would injunction had been granted was giv-be taken out of the colony beyond
the control of the local court.
en.
This was untrue, said Mr. Sheldon. Evidence would show that there was no lubrication oil on the ship at the time to work the winches.
Another allegation was that defen- dants were attempting to negotiate a charter without plaintiff's knowledge or consent. Plaintiff knew that nego- tiations had been going on for some time. any..
On September 8, Mr. Millington went to the registered offices with the injunction and there met the two defendants. He explained the injunc- tion but was told that the keys of the ship were with the Italian Consul and that the Roma being an Italian vessel, they would not give up the ship except on the order of the Ita- lian Consul notwithstanding thing in the injunction of the court.
The affidavit of N. B. Maher, clerk of Mr. M. A. Silva, stated that, on instructions, he boarded the Roma with others. He met the captain and told him of his business, but the cap- tain, in an angry tone, told him to get off the ship.
Mr. D'Almada said that if Parlani had no desire to have anything to do with the ship, he had showed his de- sire in a curious way. He could easi- ly have asked the parties to go to the Italian Consul for the matter to be settled.
His Lorship said he must be satis- Although first defendant had not,fied that defendants had been guilty by his conduct to Millington, disobey- of a deliberate attempt to disobey the ed the injunction in the letter, at injunction, and he was unable to find least he had in the spirit and that was
this in the case of first defendant. sufficient for contempt.
ITALIAN FLAG
The master had frankly admitted it, and it was now necessary to the appropriate penalty. Committal was not asked and, in assessing the pen- alty, he had to take into consideration the conditions existing in the harbour at the time.
Mr. Sheldon, giving the facts, said that, in this case, a Chinese had en- tered into an agreement with a for- eigner to take advantage of his flag, in this case the Italian, and held up this person to the public as the regis- The Captain was ordered to pay tered owner of the ship. Parlani fourth of the taxed costs. was an Italian and the registered owner. Owing to the imminence of
•
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hostilities in Europe, the Chinese NO SHORTAGE
owner wanted to get out of the agree- ment and asked that the ship be re- assigned to him.
The agreement between the parties stated that the ship should be subject to all Italian maritime laws. His client had no objection to the trans- fer of the ship, but before doing so, he had to obtain the sanction of the Italian Consul.
He had obligation to the Consul and so, before re-assigning the ship,
OF FIREWOOD
Interviewed this morning, Mr. Fong Moi-chuen, Chairman of the Firewood Dealers' Association, stated that there was no shortage of firewood in the Colony to justify an increase in prices.
He pointed out there were sufficient supplies of firewood in the Colony for at least six months.
THE KAILAN MINING ADMINISTRATION HOUSEHOLD COAL
Prices por metric ton delivered, as follows:-
Peak District
Bowen Road & Lower Levels
Kowloon
Ropulse Bay
Pokfulum
Shek-O & Stanley
$30.00
$28.00
$27.00
$31.00
$30.00
$31.00
Clients are hereby informed that deliveries of Household Coal can only be made if cheque or cash for the supply is sent with the order.
DODWELL & CO., LTD.
Agents.
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