1940-01-16 — Page 3

THE CHINA MAIL, JANUARY 16, 1940

MR. GIBSON TESTIFIES

CASE AGAINST ARCHITECT FOR RETURN OF FEES

THE CASE IN WHICH MR. J. S. GIBSON, ARCHITECT, IS DEFEN- YIU WAH AND DANT IN AN ACTION BROUGHT BY KWONG KWONG FOOK-CHEUN FOR THE RECOVERY OF $900, BEING PART OF FEES ALLEGEDLY PAID TO DEFENDANT FOR WORK IN CONNECTION WITH THE PREPARATION OF PLANS FOR A WAS CONTINUED THIS FEATHER FACTORY IN KOWLOON, MORNING BEFORE MR. JUSTICE R. E. LINDSELL.

Plaintiffs were represented by Mr. F. R. Zimmern while Mr. H. L. Kwan was for the defendant

At the last hearing Mr. Zimmern asked His Lordship to determine, should he find that no fees had been agreed upon, the reasonable fee an architect was entitled to receive for the work.

Fung Tong, the contractor, said that he signed a contract for the work on June 24 and agreed to pay 11⁄2 per cent. to the architect. He had only started on the foundation which he

took two weeks to đỏ. He did not finish the work as the Building Au- thority had not approved the rein- forced concrete plans.

NEW PLANS

New plans were given him at the end of August and he had been idle for six weeks. A bill had been rendered by defendant which repre- sented 1% per cent, of the work but this had not been paid.

In reply to Mr. Kwan, witness said that plans for cement concrete work were often changed and altered and agreed with Mr. Zimmern that if no miscalculations had been made the plans would be approved by the Building Authority.

MR. GIBSON'S EVIDENCE Mr. Gibson said that he had been practicing for the past 12 years. Chan Pak-yun was a draughtsman in' his office and had been employed by him for many years. He was authorised to take instructions and agree to Lees, and all negotiations in the pre- ent case had been done through him.

In June he was witness to a con- tract for the job and in September plaintiffs received two bills for $962 and $200.

Mr. Gibson said that at a meeting of the plaintiffs he felt that the fees charged were too high and he was agreeable to reducing them to 5 per cent. instead of the 9 per cent. which had been charged.

Lo had sent the two bills out as he had refused to do so, considering the fees excessive.

The bills were not sent out by him nor were they signed by him but by Lo.

The case is proceeding.

MAXIMUM FINE

#

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A maximum fine of $250 was im- posed by Mr. R. Edwards at the Cen- tral Magistracy this morning on Shanghai Chinese, Zia Vai-fah, alias Sha Tao-heng, of No. 50, Morrison Hill Road, second floor, for driving|NEXT CHANGE under the influence of drink on Jan-

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Defendant pleaded guilty. Traffic-Inspector Saunders told the Court that about 10 p.m. on Friday defendant was driving along naught Road Central. When near the Hong Kong Club, he collided with a stationary car and damaged its mud- guard. Defendant stopped about three feet off the sea wall. When the traf- was flc Sergeant arrived defendant

He sleeping in the back of his car. was taken to hospital, where he was treated.

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An old trick worked again in Hong Kong yesterday when a Chinese wo- man was defrauded of $51 in money and jewellery.

The woman, Wong Chiu-lan, was in approached by a 14-year-old boy Connaught Road Central and asked to change a packet of banknotes. boy said he was a stranger in the Co-

When his services had been dis-lony. pensed with, 70 per cent of the work had been done and as far as his work As architect was concerned 05 per cent. had been done.

The

She gave the boy $51 in money and jewellery as "security" and took the money to a money changer. The boy said he would wait.

When she opened the packet it was found to contain nothing but paper. The boy, of course, had disappeared.

Mr. J. M. Dalziel, of No. 105, Moun-

SIGNED BY PARTNER He was astonished when he learned that his services were no longer re- quired and could only put it down to the fact that he refused to reduce the fees below 51⁄2 per cent., as he could tain View, has reported the loss of a not do so with consulting his partner.silver cigarette case valued at $50, Cross-examined by Mr. Zimmern, somewhere between Barker Road and

Tram Station witness said that Lo Man-chau was the Upper Peak his partner and principal assistant. Sunday.

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