1947-05-14 — Page 2

THE CHINA MAIL, WEDNESDAY, MAY 14, 1947,

COOPERATION OF EAST AND WEST Enormous Work Before Peoples Of Orient Failed to

P.W. Camp Commander's Story

Col. Nakano Juntchi, Commun. dant of POV Camps in Formas, continued his evidence.in-chief before No. 7 War Crimes Cour yesterday,

sprcife - Giving stances of the type of treatment he end meted out to POWs dur. ing his minoistration, I claim.

than both leers and

Thr Zen AX such "extras" as cakes and cigs. rettes, licers reruiving cakes in more abundance."

prisoner's

men Irceived

meers win weir over 45 years of age and did only half a day!) Work weir given' the same rations as the offers, there being a dif- ferentiation on the weedient,

Speaking if Karenku. Camp. where senior officers of the Allied Naking Fre

were confined, told of

to

a vegetable garden and poultry that had een kept

dies and augment the prisoners' mth that the Japanese "did not Lurf the leaf of a vegetable or at Gals, however, he ex. plained, were not kept for four, la fur recreation,

The Court sits on 1s morn. Ing.

Changes Arising Out Of War

Addressing a meeting field under the auspices of the General Chamber of Commerce at the Hong Kong Hotel yesterday afternoon, the Australian Minister to China (Professor, D. B. Copland) stated that the great political and social changes taking place in China, India and other Eastern countries were fraught with great significance for the world.

It had not been quite fully realised how funda- mental these changes were. All the Eastern countries had come out of the war much more politically independent than they had been

before the war.

The chonges that had Laken could not add to the welfare of

place might live occupied a much longer time if it had not been for the events of the lust 8 years. In stead of dominating the Eastern world, Japan had, by her acts of

sgression, destroyed her

and assisted in imperial power stepping up the political evolution

world.

THE HONG KONG JOCKEY CLUB

own

East Asia.

H.E. VISITS

CANTEEN

Declare Al| Cargo

His Excellency the Governor, Gouda to the value of $30,040 Sir Mark Young, yesterday fuited to appear on the manifent visited the Canteen operated by cf as. "Tjlijalengka" and when the Urban Council in the old the owner of the cargo appeared Sanitary Department Garage in in Court yesterday he pleaded that he was unware that the whole Morrison, Street,

This Canteen is the first of cargo should be declared. ·Mr. A number which it is proposed Sainsbury, taking into considera. to open for the benefit of the tin that defendant had not been inbouring classes, providing in court previously, fined defen- aubstantial, nourishing meals at dont $400 and ordered the goods to be returned to him. Defendant a reasonable price.

About 6,000 customers are promised to have the cargo listed served daily, the meals supplied before going to Manila. varying in cost from: 20 cents to 80 cents.

S/I/O K, Catton discovered the cargo on the top deck. The gocis included mahjong sets, slip. pers, fans, pyjamas, linen table the millions of people in South Iationship of Austraila with the sets, scarves and dressing gowns.

It had to be accom- Eastern world. Australis had been

Als appearing on the same by the development of a base frem which the Pacific war charge was Chan Hing, owner of ponied

was fought, and, upurt from the, "Kwai Wah," who was fined $250 stable political and social

million men for failing to put four sacks onlons ditions, the rapid progress ct mó.

Threequarters of a Bern industrial technique, and and women Australia placed in on the manifest. the, increased use of capital.

the armed forces, the country had All these conditions had been

been

of supply the scurce

Basic Condition

con-

of l

dc.

Tin Hau Celebrated

bedecked

Junks,

towed

by

considerable

Coming Events JUDGMENT IN DISPUTE

May, 16 and 17~"Shamuhulpa

Cocktail," KCC, 9 p.m. May 17-China Emporium CX- --traordinary.. mesting, 3. p.m. May 21-Union Waterbeat Co., P

Ltd. Annual Meeting, Dodwells* Office, 11 a.m.

May 24-H.K. & Yaumati Ferries,

annual meeting, noon. May 26-H.K. Realty & Trust Có

•

annual meeting, noon. May. 29-1.XC Tramways Ltd. annual necting, Jardino's of. fices, noon.. May 31-China Emporium annual

meeting, 3 p.m.

H.K. Stage

OVER CONTRACT

"Repudiation of a contract is a serious matter not to be lightly found or inferred” said Sir Henry Blackall, Chlef Justice, when delivering judg- ment for the defendants yesterday in an ac- tion brought by Hul Of Chow (plaintiff). against The Universal Traders (defendants) in respect of a C.I.F. Contract for the sale of 100 tons of Rolled Whole Oats, husks included. The plaintiff's claim was for words "ex Kowloon Godown." $9,000 paid by him to the de- As to to this, it was argued by fendants for a consideration Mr. Lonely that unless the which had failed. The defen-¡ consignco tako delivery ex ahlp, dants counterclaimed for a de- there can be no true c.l.f. con- claration that the sum of $9,000 trnet, and that the, present one In their hands be applied to- is therefore what he termed an wards payment of losses and "ex, Godown" contract. Now it also for $5,000 still owing to la agreed that it is a common them by the plaintiff.

though not univeraal, practice in to be Mr. Charles Loseby, instruct- Hong Kong for cargo ed by Mr. Hugh Joncs of landed by the steamship com- Measra. Wilkinson & Grist, ap- panies into

from a godown Since January, the Hong neared for the plaintif De- which delivery in taken by the were represented by consignee, and this unge was Kong Stage Club has almost-es fendants tablished a monopoly on the Mr. B.A. Bernacchi, instructed followed in the present cale. It entertainment, by Mr. A.S.C. Coomber of | doen not appear to me, however, Colony's live

onc stage Menars. Hastings & Company. that the mere fact that delivery having produced

At the original hearing. Mr. was to be taken ex godown play per month and, at least production each one radio week; a standard which both in by antimitted that in every would, in itself, change & con- contract, C.L.F. or otherwise. tract expressed to be c.lf. into the variety and frequency of there was a right of examina, something else. production has established

and if that right of record for the Colony,

examination was refused by the

Club

to

was

Wal

tion

aller, the buyer was entitled to resend the contract.

Sir Henry Blackall, in deli-

rived, delivery on

the

"With regard to the printed Terms and Conditions, it la' a

rule of law that where the first words have a well-settled

clear menning, but those that follow, ure inconsistent with be re- them, the latter should

contract.

of the whole of the Eastern world. basic in the grent material profoodstuffs, mualtions, ships and This movement had been accom.gress which Western Europe and other weapons of war to many

Eastern countries.

The Stage Club's fight panied by stronger social pressure the United States of America had

Just 150 yents..

gain Buch a position has not Striking Example within those countries, especially shown over the

Formed in towards higher Western Europe might not be in

The birthday of the Goddess of been an easy one. in urban areas,

Australian industry had

Hau")--patron February 1946, the Club Jabour standards. It was a legit. the same strong position as

In the nineteenth century,veloped greally during the war. Iteaven

of Chinese seamen was primarily a Services organisa-vering judgment, unid:

Refused Delivery nate objective for people to seek was

United and, once the transition from war satt

tion though membership to raise living standards, and nay but the position of the

"The defendants by a con-Jected. Now ci.f. In a type of such movement would be of entr. Stutes and the British Dominions to peace had been made, Australia celebrated in traditional manner mous beneft, not only to the peo-hud, on the whole, been greatly would be in a position to supply by the Chinese community yes open to anyone in the Colony

capital terday.

with an interest in the stage. trart dated May 16, 1946 agreed contract which is more widely increasing quantities of ples concerned, but to the whole strengthened by the war. Eastern and durable goods so much need. From early morning, there was At the time of formation, Hong to sell to the plaintiff 100 tons and more frequently in use than

countries could look confidently

a steady stream- of worshippers Kong had far from recovered of Rolled Whole Oats, Husks any other contract used for pair- poses of sen-borne commerce. Six hundred and ninety-six

towards these highly developed in-ed for the rehabilitation and de

proceeding on foot and by tram, from the effects of the occupa- Included, at "H.K.$600 per ton

ex Kowloon When then merchants enter into births aut 202 death were re-

a contract expressed to be el.f. It would be erroneous, however, dustrial and agricultural countries velopment of Eastern countries.

Australia had participated fully bus and lorry, to the Goddess of tion and most people had too c.i.f. Hong Kong gistered in the Colony during to Imagine that higher y. for assistance.

in UNRRA, especially in China, Heaven Tempie at Causeway Bay.

much,. of their time taken up Godown."

"In pursuance of the con- very strong evidence indeed attain. The werk endled May 19. Tubering standards could be

where many valuable cargoes had The more pioun worshippers of by the sterner things of life. enlords neerunted for 49 out of ed without the closest co-optrų.

the Goddess made a pilgrimage to devote They could render great techni-been delivered and over 200 Aus.

concentrated atten- tract, the defendants delivered would be required to satisfy the Dd rather

0 dug

mafertious tion between the west and thecal Bervices, in industry, engineer. tralians had been working for to the temple at Chek Wan. Gaily tion to a spare time organisa- 58 tous which was accepted by | Court that the parties intended

vest. Polijent emancipation alone ing, agriculture and health, in alinearly 2 years.

the plaintiff without demur, tu some other type of disease

of which felds the Eastern cnun-

In spite of some defects in ad launches and bound for shrines tion such as the Stage Club.

11 was not, therefore, until when the remaining 42 tons ar- Moreover, in the present cate the plaintiff refused the plaintiff had already treated tries urgently

lake needed technical ministration, UNRRA and been along the coast dedicated to the June that the Variety Section

the contract as c.l.f. when he assistance. Similarly, cupital in striking example of international Goddess, attracted

(since fallen., into abeyance) to vestment was a basic condition of co-operation In an economic attention as they proceeded down was able to present the Club's ground that the oats were not look delivery of the first ships rising living standards in Eastern sphere; in fact, it had been the the harbur to the accompaniment first show at the Star Theatre. of the quality contracted for.ment, and I entertain no doubt revue cargo surveyed before deelding that the contract was Intended now necessary most successful and comprehen. "of bealing, drums.

This first show, the for these countries and the Wes-sive international experiment the There was a large decrease in "Take It Easy" was followed that he wished to have the tern countries to work out a new world had ever known. Its task, the loent stock of pige as a result in August by the Drama Sec- cargo surveyed beorf deciding basis on which co-operation eculd was to provide rehabilitation and of the festive occasion, as practi- tion's production of Shaw's whether he would accept it. back should be inconsistent

aolicitors on be developed between the West relief, to give the countries dc.cally every group that visited the "Androcies and the Lion," and The defendants". and the East to the common bene. vastated by war a breathing spee different temples tock along then the Club was faced with Aug. 21, replied that they did not consider it "reasonable for in which to make their plans for roast pig as an offering.

what looked like dissolution. For this co-operation it wis economic development. There was

With the exception of the the plaintiff to inspect the essential that each party should no reason why the co.operation

Chairman, Col. Axworthy (who balance of the cargo which was learn to respect the good inten-between the more developed and

himself left the Colony shortly the same as the Brst shipment tion of the other. There were the less developed countries that

afterwards) only one member in all respects, and they many examples in history capl-had been cutablished under

of the committee, remained in iterated their previous demand tal investment and technical as- UNRRA should not coitinue in A foki from the Nun Ping Hotel Hong Kong. Together with that the plaintiff should pay sistance being undertaken by ad- some modified form.

appeared before Mr. Sainsbury' at the Technical Director and for and take delivery on or be vanced countries for the genuine Whether that would be so or Central yesterday on a charge of member of the cast of the "An- fore the 24th. The plaintiff assistance of less developed coun- not, would decide whether the of larceny of $450 and a live rupee drocles" production, he form- thereupon refused to take dell- tries without leading to political great political advancement of note, the property of Wong Sked the nucleus of a new com- yery on the ground that the domination.

the East would be followed by Churen, merchant, at present re-mittee. There was the example of Bri-economic progress for which the siding at the hotel. Defendant was lain in her attitude towards the politically-conscious peoples were sentenced to month's hard British Deminions, which was one now clamburing. Independence labour.

NOTICE TO MEMBERS

WHITSUN RACE MEETING

Saturday, 24th and Monday 26th May, 1947

The First Bell will be rung at 2.00 pm, and the first race will be run at 2,30 pam. vach day.

Through numbers (15) Ruces $32) may be obtained, at the office of the Treasurers) 1:2 Flow, Exchange Building, also tickets for the Special Cash Sweep ($2.00) on the last race of the second day,

Rh May..

:

MEMBERS' DADGES AND ENCLOSURE. Members are reminded that they and their ladies-MUST wear their badges prominently displayed throughout the Meeting.

NO ONE WITHOUT A BADGE WILL BE ADMITTED TO THE MEMBERS' ENCLOSURE..

Badges admitting non-members to the Members' Enclosure and Chib Rooms at $10 ench day inela ding tax are obtainable through the Secretary on the written or personal Introduction of a Member, such Member to be responsible for all chits, etc.

Badges admitting to Members Enclosure will NOT be on sale At the RACE COURSE.

The Tru

Treasurers' Compradore Office will close each day at 11 a. and the Secretary's Office at 11.46 am. Both Offices at lit floor, Exchange Building.

A limited number of tins will be obtainable at the Club House, provided they are ordered in advanced from the No. 1 Boy (Tel. 27818).

NO CHILDREN WILL BE ADMITTED TO THE CLUB'S PREMISES DURING THE MEETING.

PUBLIC ENCLOSURE.

The price of admission to the Pubile Enclosure is $3 each day, including tax for all persons including ladies, and is payable at the Gate.

A

Bookmakers, Tic Tac men, stc., will not be permitted to operate. within the precincts of The Hong Kong Jockey Club during the Race Meeting.

Enclosure.

Refreshments will be obtainable in the Restaurant in the Publie

SERVANTS PASSES.

Pastes for Servants will be issued to Private. Fox, holdera ONLY on application to the Secretary, 1st Floor, Exchange Buliding.

the

Any persons found tollering with Sorvants pasics in possession will forfait the same and will be removed from the

closure.

By ORDER

C. B. BROWN,

Secretary.

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Attnnal, vibertiption rates,UKSILO

Nume

countries. It was

t of both.

TO BE WED

HOTEL FOKI SENTENCED

.1.

F

re.

to be ci.f. and I hold that it was such a contract. If then any of the printed terms on the

with auch # contract, they would be rejected as inapplica- ble in accordance with the rule of construction mentioned,

Justified

.

TO-

"The question then is whether the defendants by their letter of Aug. 21, 1946, repudiated their own obligations under the entitled contract and thereby the plaintiff to rescind it. That letter was in reply to the plain- defendants and unreasonably tiff's demand for a survey be Cole.efuned to allow him-to inspect fore deciding whether to accept These three - Bill Donald Rudd and John Shil- the balance, and although the delivery. Now the plaintif In cock, commenced to build up defendants on Aug. 28, agreed making that demand was treat- to the most remarkable political meant added responsibilities, and Prosecuting, Insp. Brownrigg the Stage Club to its present to permit him to do this, the ing the contract though it were experiments in history. The Do- younger countries like, Australia said that defendant admitted

still on plaintiff perqisted in his rejec not c.. so if the defendants' Atandard. They are miniens now were free nations

and the other British Dominions stealing the troney because his

lo. be no tion and treated the contract as observations are the committee and show working in partnership with Eng would be glad to co-operate with mother was sick in Canton. The signs of diminishing, their ac- an end....

garded merely as an expression land to the mutual benefit of both. the United States in assisting in whole of the stolen money was vides.........

"Section 24 of the Sale of of opinion, I think they were Again, the United States had

any responsible programme for recovered frun behind a glass pic-

Bill Cole's production of Goods Ordinance provides that justifled. But even if his sollel- shown in its administration of the economic development in the Eas-ture in room 215.

was "unless otherwise agreed when | tor's letter is to be contrued as "While the Sun Shines" Philippine Islands, leading even- tern area.

not presented until December the seller Leaders delivery to a refusal to allow any inspec- tually to the establishment of the

and this with, Donald Rudd's the buyer he, le bound, on re- tion, this would not necessarily what

original radio play "Echo" quest, to afford the buyer a entfile the plaintiff to set aside. opportunity of the contract, for a mere honest were the only signs of life in reasonable

examining the goods for the pur- mlsspprehension especially if the Stage Club.

to correction, will not But with the turn of the pose of ascertaining whether open

.altered year things

and they are in conformity with the justify a charge of remediation since January the Stage Club contract.". That was the rule at (Smyth y Balley 1940, 3 common law, but the right of A‚E.R.. at p.,,72), in the pre- has never looked back..

Commencing. in January with Inspection is excluded in n c.i.f. sent case, there is nothing to "Outward Bound the Stage contract. The first point then show that the defendants wished

whether to repudiate the contrnet: . Club, has presented Star, Thoa- to be determined is

the a type of on tra audiences with one play the present in such

contrary, I think ench, month; "Heartbreak contract.

their letter of Aug. 21, House" In February, "Rope" in Common Practice written with the object of pre- March and "Present Laughter" It is contendied by the plain, venting the plaintiff wriggling in April.

tift that although it is expressed out of it, as was their action in Now, theatre goers will be on the face of it to be c.i.f. subsequently sending an order given, the opportunity of at that is a misdescription, and the for Inspection to the plaintiff tending the May, production. true nature of l terms as a which, as already mentioned, This is Paul Vulpius' extreme whole. It was submitted that the plaintiff refused. ly amusing farce "Youth at soveral, of the Terms and Cön- Seeking Pretext the Helm. This play, which ditions of Sale printed on the

"This correspondence, makes opens of the Star Theatre on back of the contract, ara incon-It perfectly, clear that the plain- We Met Monday 19th May, la produced Wong Yu-tak, 33, odd job coolie, was before the by Donald Rudd.. The time of stent with, c.l.f. and particular tiff was secking for a protext

reliance was place upon the Kowloon Magistrate yesterday for participat-performance is now. 8.30, thus ing in a gang-fight between the Ma and Chan giving the advantage of the

evening's coolness. cliques in Canton Road at about 7.30 p.m. on May 4, during which he was shot in the right leg by Detective-Corporal Cherig Ming

POISONOUS DRUG Philippine Commonwealth,

A fine of $250 and the ccnfisca could be done if good will pre- vailed on both sides. In the A marriage has been arrang- tion of his goods was imposed on Netherlands East Indies a newer, and will take place in June, Wong Chau Lam by Mr, d'Almada Thomas basis of political co-operation was between

Anthony.nt Central yeste: Jay when he was the second son of Major and Mrs. found guilty of being in posses, being worked out between peoples of that area and Holland. II.E.M. Turner, of Sandacre, slan of poisonous drugs without The United Kingdom had made Abingdon, Berks, and Faith, a licence. an unprecedented decision in its widow of Edmund Jupp, of The drugs consisted of 2000) recent polley towards India. - Hong Kong, and elder daughter tablets of Sulphopyridine, which All the Western European coun- of the lato Mr. T.G. Drakeford, were discovered in the defendant's tries had renounced their special. of Shanghai, and Mrs. T.G. basket when he was searched by extraterritorial rights in China., Drakeford, of Jessamino Cot-n district watchman in Connaught

The onus was now on the pea. tage, High Halden, Kent, ples of the East to use their new political status to the benefit of their peoples, and they would find that the Western European states, the United States of America, and the British Dominions would co- operate fully, with them. Stable political conditions were, however, an essential condition of this co- operation. 23 Essentials

people]

Road Central.

Story Of Kowloon Gang Fight

Charged by: 5/1 C.J. Askew Police offer, and claimed that Didn't Drop Out

with posecesion of a chopper, he was shot at the back of the with intent to use it for an un lég. He denied hearing the de lawful purpose, disorderly con- teclive call out that he was digh and assaulting Det, Cheng Police officer. Migg, accused pleaded guilty to the first two counts and not guilty to the third.

Palice

Of The Sky...

unlaw.

In addition, Eastern should not be afraid to draw upon | the technical knowledge and ox- perlence of the West, and to estab- Hishproper, administrative. partnership in the enormous work that had to be, done to place the peoples of the East on the same technical standards as the peoples of the West. N

Professor Copland did not with to, suggest that technical progress

SI Askew pointed out that "They ld pot, drop, out of the and capital developments ward the

the third charge was brought sky sold Mr. Sainsbury at Cen ultimate values for Individuals

As it was most essential to tral, sesterday, when two defen. or for countries. Civilization, de- pented on something much more In, qvidence, Dot. Cheng stated clarify the situation, so far un doute appeared on a charge of shooting was concerned: Vory having pieces of broken piping in fundamental then, that, and, in that, on, arrival of a

strict instruptions had been, re-their

possession and this, respect, the tradition of the parky, including himself. at colved by the Police regarding fully obtained them. When asked Ensi had a great deal to offer the Canton Road between 200 to the use of fire-arms, apud ill where they got the piping defen. Wert Nevertheless, people stri-300 men, armed with chop- Ha Worship agreed with S/I¡ dants said that they did not know. ing to lift their material standards |'pers, , knives and other Askew's submission that the Defendants were caught with should remember the, baris on weapons, were seen engaged in detective was in fear, of his the piping in Oap Road by Insp.

suth Improvement could a battle royal which

life when he opened fire on the ector Danbrowaky be made,

Technical progress and capital. On aceing accused, and other accused, and that the Police First defendant, having one development were essential, and, men depropching in a threaten-cor showed a most com- previous conviction, was sentenced with their new political status, fit manner he called upon them nicndable restraint" in Aring to three months hard labour and second defendant to one week the peoples of the Eastern coun bo stop and revealed his identi- only two shots.

hard labour. Both were crdered tries wow in a position to draw ty. When they continued to ad- On the other hand, pointed to be expelied on completion of upon the experience, and good.vance,, said witness, he drew cut Mr. Latimer, the rosso

inprisonment. will of the people of the West his revolver and again warned accused pleaded, Dot, guilty

the assault chargo might. hayo Tijer could hit however, expect them to stop...... the maximusba

This warning was also ignor been due to blaj misunderstand tance if pellet of anis

and social ined, sa ho opened Bre when theying of the meaning of the wOKT stability privalled and the sale were about four or five foot assault, which in law, dia put dun away, The first shot got the ac necessarily imply, actual, pusatz

| zodii bil vrapon272 Bus depend macd; und the second: hit an- en ansault but the armed threati

1 Breaking for Atala, Frotek.ather man yeni

nor, Copland amid that lie war had. brought great changes in the TE

ndent.

E OF OUR AND FIRMUT

d' that he Wung was given two monkys

to strike - the Hard Tabout and six stroke,

كامل

!

was fortalted by đầ kou, when he failed Dialf Kerr

Wndary

· (Continued on page 5)....

MONROE

CALCULATING

MACHINES

WE HAVE JUST RECEIVED A SMALL SHIP- MENT OF THESE WELL KNOWN CALCULA TORS, 18, COLUMN, HAND OPERATED.

-FOR FULL PARTIculars, PLEASE

CONSULT.—

THE OFFICE APPLIANCE co

* Spacfallats in Office Equipment:

Telephone 31023

was

t