1940-10-16 — Page 38

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THE CHINA MAIL, OCTOBER 16, 1940

Leave To Appeal Refused: Expense Of Litigation ANOTHER

At a Full Court of Appeal, composed of the Chief Justice, Sir Atholl MacGregor, and Mr. Jus- tice J. A. D. Fraser, Sui Cheong Loong, represented by the Hon. Mr. Leo d'Almada, instructed by Mr. S. Ng Quin, was refused leave to appeal against the decision of Mr. Justice E. H. Williams in granting judgment to the Ng Kee Stall recently in a claim for goods sold and delivered.

that the

Mr. d'Almada sald amount involved was small only

$36.83 but the principle was im- FACTORY

portant in the practice

Summary Court.

of

the.

made

In the writ, claim was OWNER'S

for goods sold and delivered and; the evidence - showed

that the

claim was for a bargain sale and not for sale and delivery.

DEFENCE

The trial judge. refused the A SUMMONS FOR KEEPING application of Mr. Quin to amend AN UNREGISTERED FACTORY the writ and gave judgment NEAR CHEUNGSHAWAN, WAS against his client.

Mr. d'Almada quoted authority pointing out that, where technical errors were made, the writ. could

the be amended so that

main point in the controversy could be dealt with. The Judge had discre- tion to amend the writ for technical errors and go on with the case, or if an application was made to amend the writ and order an

defence adjournment for a

be made.

to

In this case the Judge did not do 'so.

ADJOURNED ΤΟ SATURDAY FOR HEARING BY MR, Q. A. A. MACFADYEN THIS MORN- MR. P. Y, WOO ING WHEN

GUILTY PLEADED NOT

ON BEHALF OF THE MANAGER.

Mr. D. W. Phillips, Inspector of Factories and Works, said regis- tration of the factory was refused in March, 1939, as the area was insanitary and the premises were! erected without permission from the P.W.D.

There were over 20 workers in the the factory when he visited premises on October 3.

The Chief Justice said that as far as respondent was concerned Mr. Woo's deferice was that his he cared more for the amount client was the owner of one fac- involved than any principle of tory and two other factories on law. As the result of the appeal, the same Lot were not his. The

it granted, he would be put to additional expense not through

his own fault.

V.C. HERO

COMES TO LIFE

was

The War Office in London has notified the parents of Lieu- tenant (Acting-Cap- tain) Wilson, of the East Surrey Regiment, who

"posthu-.. mously" awarded the Victoria Cross for services in Somali- land, that he is a pri- soner of war in the hands of the Italians. -Reuter.

$1,000,000 FOR CIVIL

DEFENCE

Supplementary expen-

Inspector may have mistaken the diture totalling $2,089,616 other two factories' workers for will be submitted to Fin- those in his client's factory, which Mr. d'Almada said he was in- did not have 20 workers. There structed that if the application was no need to have the factory was allowed, costs would not be registered as it had not 20 work- taxed.

Higher Proceedings

ers.

The Chief Justice said the ap- JAPANESE

two

plication was for leave to ap- peal against the judgment. of Justice E. H. Williams. The claim, as framed, was for goods sold and delivered. Alter witnesses were heard, it was mani- fest that the claim for goods sold and delivered could not succeed but that one for goods bargained and sold would succeed.

The judge gave his decision in favour of defendant and did not allow the writ to be a'ended.

RADIO

OFFENCE

A 'Japanese residing at No. 27, Hankow Road, Satoh Yukio, was fined $25 by Mr. Q. A. A. Mac-

He subsequently refused to fadyen at Kowloon this morning review his decision

for possession of a radio-set with- and on September 26, refused an applica-out a licence. tion for leave to appeal on law and discretion.

sum

at

the On these facts, stake, though small, was as great to defendant as the principle in law.

The position was that the money found owing could have been recovered on another writ and justice done on a small outlay, but instead of taking this course, appellant applied for review and took higher proceed ings.

a

The court of summary jurisdic- tion provides for Leave to Appeal and provides for the appeal in a cheap way.

Mr. James Key, of the Wireless Department, said he visited premises and found a

ance Committee, Legisla- tive Council, to-morrow.

The principal item is $1,000,000 for extraordinary local defence, civil, and covers the cost of put- ting

in hand certain measures for the protection of the civil population against air raids, such as the construction of tunnels, trenches and so on.

Many of the other items arise out of the war. There is for instance a vate of an addi- . tional $150,000 for the train. ing expenses of the Volunteers..... and several other items cover- ing the H.K.V.D.C. and the H.K.N.V.F.

There is a supplementary vote of $0,000 in connection with the scheme to cover capitation fees practitioner's payable to private

for attendance upon officers and families residing in the their

The number of the upper levels. valuable officers entitled to the privilege Westinghouse receiver, which was

was not licenced..

Yukio said he arrived, in the bought Colony on July 21 and the radio-set on September 4 from the Bosco Radio Company. He was not aware that a licence was needed for it. After Mr. Key's visit, Yukio added, he telephoned the radio shop and was told that the shop fok for- got to inform him that a licence was needed. A licence was taken cut the following day.

Mr. Macfadyen 'told 'him -that law as an excuse, he could not accept ignorance of

and no made for special

under-estimated allowance was treatment.

It is stated that the experiment is proving satisfactory.

HOLD-UP

IN ARGYLE STREET

No doubt the judge was guided by knowledge of the authorities A similar summons against and he (the Chief Justice) could twas Yamamoto, of. No. 27, Han- THREE find no quarrel with the exercise kow Road, first floor, was of his discretion. Leave to ap-journed for two weeks. peal must be refused.

Justice Fraser concurred,

GARDEN ROAD GAR

COLLISION

Brigadier T. McLeod, of No, 5, Peak Mansions, was driving iú Garden Road at about 6.20 p.m. yesterday, when the rear, wheel of a car coming from the opposite. direction grazed into his car, causing 'slight damage to both vehicles. The car, he reported. to the police, drove away after the accident.

BLANK DAY FOR

· CHOLERA

No fresh cholera cases were notified in the 24 hours ended ut midnight, "There were, however, eight typhoid cases, sixteen dysen- tery, and 28 tuberculosis.'

RATIONING IN DAIREN

CHINESE WERE

ad- COMMITTED FOR TRIAL AT THE NEXT CRIMINAL SES- SIONS BY MRDE. HIMSWORTH AT KOWLOON THIS MORNING ON A CHARGE OF ARMED ROBBERY.

(SPECIAL TO "CHINA MAIL"

་་,"

Accused, Chan, Muk-yau, 21, Ho Chi-fan, 24, and Leung Ng- tsol, 24, were accused of having, armed with knives, robbed Li Sing-yu, 21, contractor's foreman, of a purse, containing $5.30, and a metal wrist watch, and Chung Lal-she, 21, spinster, of a metal RESTRICTIONS ON THE SALE Wrist watch, on September 19 in OF RICE AND SUGAR WILL BE Argyle Street

Det. Sgt. C. Dowman, prosecut- ENFORCED IN DAIREN FROM NOVEMBER 1, THE SUPPLY DE-ing, stated that the couple were PARTMENT OF THE KWANG-sweethearts. They were held up TUNG - GOVERNMENT. AN-in Argyle Street, near Kowloon Hospital, at 10 p.m. on Septem- Japanese residents will obtain ber 10 by the three accused, who 32 lb. of rice monthly if they are were riding on a bicycle and a over 13 years of age, and 221b. Iftandem. they are under 13.

“On October 4, another robbery Rice for family consumption of a similar nature occurred in will be delivered to-consuniors by Boundary Street. On this occa- the Territorial Rice Dodlers' Busi-sión, a bicycle was seized by the negs Union through retall shops. police after the chase..

NOUNCES.

Sugar will be distributed twice] From enquiries made at '"'the' montlily, rice three times -a month." bicycle shop, necused were

Havas.

rested.