1949-01-07 — Page 2

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THE CHINA MAIL, FRIDAY, JANUARY 7, 1949.

Plaintiff Wins Action

In

Relief Supplies

Warranty Breach Case For Canton

At the Supreme Court yesterday, Sir Leslie Gibson (Chief Justico), gavo judgment for $19,400 and costs in favour of the plaintiff in an action for damagos for broach of warranty of title.

It was alleged that the defendant had, during the Japanese Occupation, claimed that he had. outhority to sell a house, No. 315 Reclama- tion Street, Kowloon, belonging to Choy Chuen-kam, to the plaintiff, when in fact he hod no suck authority.

The plaintill was Mrs. Lee, Zusker of No. 3 Upper Lascar Row, represented by Mr. 11 G. Sheldon, KC, instructed by Mr. G. S. Ford of Messrs. Ford, Kwan and Company,

M. Prey Chen, Lastructed by Ma. 3. of Arculli, repossented the demiaurt, You Sio-yuet aliar a Pocheak of No. 54 12,ven's Road

tential, Hound Phot

In the course at i julement, Sir 1 Gtheon'"" atkuriam

1 ground that in May 1948 froine four month: be for the enl⋅ at

Japanese Cerutions, the defendant com sufted a local suheitoy, Mr. Peter Siu, and bonded b'is a power afi attorney purporting to have been serited in Chi la dhe presence of the head of the seal Counc by Chey Chun-kam in favour of the defondant, authorising defer Ident to the hues in questi

He is pase the roleitor the ut'e

Negotiations For Sale

"The aph at broker, the plain- Pond and defendant were had negotiations for

in hand,

זז ין

Mr.

tanut get al voor both preform throughord and advised them

I told the parties date the power of attorney was myder and Bing he would have

t Tertred

Dy Japoneze House Begistrati

fer. abm aniveed the defendant that The

mu burn la hir mean-

saliettori that. defendant bac never had any authority to sell the property and by implication, re pudiated the transnetion,

Special Damage

"The plaintiff claims, by was of specist damingo, the difference between the contract price of 130, 000 Japanese Military You_nhi the value of the property on Octo ber 4, 1947 (When Chey Choc, kan repudiated the transaction) and also his loss of rent. In sup- part of his claim, an architet gave evidence of the value in October 1947, and his estimate of the rent, lost and I necepi his evidence.

of of

"In calculating the amount to be awarded for loss of bargain, it necessary to decide

irpon the rate exchange for the purchase price Japanese Military Yen 150.000, "Mr. Sheldon relied on the rate fixed by the Debtor and Creditor (Occupation Period) Ordinance, 1948, for the month of July 1945, in which the agreement for sale was signed and amenacd his stelm accordingly is a chum for $19,400 for loss of bargain.

~Mr. Chen did not oppose, tule amendment and did not challenge

American rellof supplies being loaded into the ss. Wusuch at Kowloon Wharf to be distributed to various provinces in South China. This shipment is the first mofor distribution to South China by the Economile Co. operation Administration, an outgrowth of the Marshall Plan Aid Programmic for China (Story on page One).- "China Mu" Photo.

Unsuccessful Exploits

Of Armed Robber Band

Mr. Sheldon's argument that the The unsuccessful exploits of a band of armed rob-

rate ixed in the Ordinance would the appropriate rate to tak.. No evidence was led na to the t of exchange and, in the alience of it, I think that the rate fixeal in the Ordnance ought to bẹ ne- cepted. I am therefore of opinar that the plaintiff's claim for

ale aeropting a depsit from the for loss of bargain suc

pred jarrhasne,

1248

eceda

“Then në regards the claims for 4. the drew on an agreement rent, the plaintar has claimed far itor the sale at thứ house and sa

the period October 1. 1045 ko July 1, 1945, i was signed by the January 31, 1948. Presumnal plaintif bad as her attorney the date October 3, 1945, s born and by the defendant as the selected by the date on which

oney of Choy Thu-kam.

agreement ought asbly the gutax of the agreemen

have been implemented. (plaintif paid a deposit of 20,00

October 11, 1945, an Japanese Military Yen to My. Surwards, the premires were resum in accordance with the agreement,

"Solvently, it appears that ay sobject to rent control at.. I have no evidence before me a 10 the standard rent of the premises. In circumstances, {

thure

The meter at attoring was, 201 some cen on, not accepted by Japane

Hoare

Registrati Poolowing the non-breent- uber came of the power of attorney bự In Inpanese House Rogh-tration Oflice, the defendant apparently wished to retire from the bargain, bat The Solicitor advised the tes that a assignment of Fils properly should be exerac

and that the balance of the pur- Japanese -- 295,000

bers was described before Mr. W. A. Blair- Kerr at Kowloon yesterday when Lam Mun, 37-year-old man with neither home nor om- ployment, came before the Court on the com- mittal charge of assault with intent to rob. Detective Inspector C. Dowman, with the assist- ance of Inspector F. Roberts, conducted the prosecution.

On the night of November 15, 1948. who lived with his parents at

a student lio Koi. I the caretaker's quarters of the Taun Wan Fermanent Ceme tery, heard barks coming from outside the worshipping hall in which he sat studying by the light of a kerosene lamp:

Coming out from the hall and

I am unable to assess shy damn-going down the steps leading to Bgs for loss of rent,.

his quarters, he saw three men, "Il follows that, in my opmia, two masked. One of the masked the plaintir, is entitled to recover, men polnter à revolver at him the total sum of $1,100 and 12 and told him not to move, wille have the costs of his action." the other struck him on the hend

with aunt Instrument.

"Robbers!" he shouted, as the Three strangers left him and hended for the quarters

Six Weeks

Military Ven-shoubi de puit For Assault

the plainti

in

At Soccer Tilt

Bearing the alarm, Ho Chouk- 171, muson-contractor of the rumétery, rushed out to investi gate, only to be knocked down by a man with a pole. The stranger formed him into the kitchen and

unimed the cloor. at net

The bulkner of the purebase money was actually paid on Ju

1. 1915, and it is altered in the Statem at

Ciniat traversed by the defendant, that the assignment was executed co or alap" Tule 27, 1915. Pre

tdy, it was in fact excested' on July 21, 1945, when the balance of the purchase money wza pard It was net date.l.

After Recognition

Tam Sin, 40-year-old foki of the Wai Yat Gloss Manufac Al thebine, time, four other

came to men in the house

the tory of Taikoktsui, by Mr. W. A. Blaic-Kerr at same man with the pole and an was told rescue but were stopped by the Kowloon yesterday that he other with a knife hi the ensuling was lucky that

he was not struggle, Ho Hung, one of inmates, charged with malicious wound-was stabbed in the left atin. ing as the complainant might The strangers finally managed the have lost the sight of his left to herd the inmates into

room. The man with the knife lett while the man with the pole stood guard over them.

eye.

Defendunt, who pleaded self- defence, was sentenced to xx weeks hard labour on the charge

"The pallefer told the parkavi that, after the Japalese lind e cognised the transaction, he would pay over the deposit and pur- of causing grievous bodily linen

end.

Paronts Hear Call

Liberty Ship Towed Into Hong Kong

was towed

Dangerous Driving Charge Dropped Against RA Gunner

The submission that he had no case to answer in respect to the charge of dangerous driving was successfully made by Mr. A. S. C. Combor when Gunner Donald Cockerell was charged before Mr. W. H, Latimor at Kowloon yostar- terday with dangerous driving and, alterna- tively, careless driving.

Defence counsel's further submission that the pro- secution, conducted by Traffic Sub-Inspector Richard Brown, had failed to prove the alter- native count, was not upheld by the court.

The charges arose out of an accident at Castle Penk tond. near the Brewery, on Novem- ber when army lorry A9811, driven by defendant and con- taining Lieutenant R. T. WH- ney and elight members of the 5th Field Regiment. Royal. Ar- tillery, plunged 23 feet down the cliff and landed in an up- side position.

The accident occured shority before

sald S1 Brown, at 1a.m... about 200 yards South of the San Miguel Brewery. When he went to examine the place. fount private car 7688 tying on the near side of the roud, Facing Castle Peak, and militury Jorry A8841 lying on the seashore.

He's Wishing For Just

A Small One

"The bigger the divan, the bigger the penalty," said Mr. Mr. W., A. Blair-Kerr at Kow- loom yesterday when he sen- tenced Leung Tai-shing to six months hard labour and re- commended him for depörta tion, on the charge of koeping un oplum divan.

Sab-Inspector J. H. Evans, gald that it was a very well organised The road where the collision affair, on the root of 217 Port- Inn Street. atal even jicd แ foolt place was 21 feet wide, rund.

ccording to tyre marks, the point buzzer fixed in with the wires Between the two leading down to the ground floor. vehicles was 16 feet from the off-did not do them any good side of the road. From the point this thr

The smokers arrested dir- of impact to where the Jorry lot!,

ing the raid by Detective Sub-In- the rund was 44 fent ift Inches.

A. Lexile and his mich spector Extensively Damaged

945 pan. on Wednesday were examined the military Anett $180 each, and the 19 pipes, vehicle and round it extensively

13 lamps and nine large pots er damaged, Around the front affside oplem seized were ordered to be wheel he found the offside panel | confiscated.

Also raided by DS1 Lelle und of the private ene wrapped around

Inspector Danbrowsky, half an The damages on the car showed hour later, Tang Lou-to's “illynn that it had been struck at the rear at 2 Argyle Street, Arst floor, was dge of the front wing and Wos | found to contain JU smokers, Inur continued with herrasing force pipes, atx lampa, and 13 gmail and antil the rear wing and rear door one large pots of opian, were torn oft, Impriet was such that the car was pushed diagnuntly across the rond where the nearsile rear wheel it

R.

דיב!

#1

The force of the

terop of rucks and the vehicle was stopped.

Kou Kam-juk testined to being followed by private car 7058 walle he was driving his master's car (045) along Castle Peak Road on the morning of November 5. 1is zar, he said, was doing abuu 20 miles an hour before JEST

coming to the Brewery he saw a ultry lorry approaching from the opposite direction at a speed faster than

A Liberty ship into the Colony yesterday from Shanghai by the ocean-going tug Sea Wolf, bringing the himber of vessels towed here from Shanghai and Manila his own. Both he and the other during the past few months for driver swerved to their respective the Hong Kong Shipping Com-left and passed each other at the beruk. His speed then was 13 miles pany to seven.

an hour.

Arriving here without crew,

"Defendant, giving evidence, Laid the Henry 1 ag or registry, Abbott, together with the other that he apprrached the corner at six, including seme tankers, is, about 15 nes ne hour, pod that when he raw the car appearing meanwhile, awaiting repairs.

arriving here, but he could not wheel.

After the mpact, said deien.

The 1,136-ton ship is part or he apsited is brakes. He though American war surplus, an official at heat just space enough le company said yesterday.queez, through, but while doing of the There will be more such cruft so heard a crush at the front off- indicate how inaay and when.

Meanwhile, the concrete ship, dant-wings, he knew nothing Feidspar, toward here by a tuge as he became unconscious, was lukted to hospital froin Manila, is also awaiting suffering from culs, bruises,

and offers to like the survey veseci us floating dangerous abrasions and, he was trid, een- He was in hospital for cussion. cargo storage. Repair of dünung:

hree weeks. in the craft, sustained when i'r was en route from the Philippines during storms, has been complet- ed.

Steamer Off

For Scrap Dump

. After several

He

Tong wha sentenced to three monili hard labour and recom- ended for hunishment, while is smokers were fined $7 cich. An unnumbered hut. at Tung Tau Village, Kowloon City, was ralded by the poller, led by Mr. George Leys, Divisional Superin- tendent, and found to contain 14 men, seven apitan pipes, alte langs and 31 nots of opium.

Is Tara, the keeper, wasɛren- tenced to four montha hard la-

To be recommended bour and

Its 13 smokers were and heit ned $70 each.

A small divom in da umuwuber- 4d L at Wuhu Street, Hung Hom, was visited by Sub-Inspe tar Macdonuld, and the kreper. four smokers Chan Sung, and arrested.

Tse WOS

sentenced 15, "kwo the penal rervitude, did his

imprisonment. The three 'pipes, Seks. fined $50 or two week's our lamps and eight pots of opian were confiscated,

Sub-Inspeeter J. H. Evans pro- secuted in all cases.

Arrested After Quarrel With Fellow Rogue

clo 60.

1023

pin on

A story of how a youth, Appears On Crutches Lieutenant Wilney, who ap- placed under police supervision pened in court on crutches, said eight months ago, fell into the that he was Officer-in-Charge of hands of the police as the re- munity to the defendant to Mok Tin, aged 31, at the The voice of the student, raised

the truck whlen left at Luni sull of quarielling with "a Another alleged power of attorney | Boundary Street football stands in alarm must have carried far

Camp for Whittleki Barrackr.on fellow rogue" was told in Mr. was later produced sut apparent on November 20,

for his parents heard it just as

the morning in question. He was W. A. Blair-Kerr's court at The court said that the rou-the three men appeared in the Lay, before any further petton could

sitting orxt to defendant. be taken at the Japanese House | paratively lentent sentence was doorway, saying that they had

Kowloon yesterday by Sub- When they saw a car apavush Inspector . II. Evans.". Registration. Ofter, the Japanese given in glow of the fact that ac- come in search for arms. The Military Gecipation exite to cused had with the exception of mother picked up a pole and

ing from the opposite direction,

Lal Shu, gert 17, ausd Chan a week when he was on ball of charged at the man with a revo

the driver swung his wheel to the months of

driver did Cha, aged 25, were seen by De $200, been in custody since

left, and the elyllian "In fact, both the powers af ui

roosting in Clover Cove, Tale sime. thover, who caught the pole.and pull-

tretive-constables 712 and After the cellizion, forney were forgeries and the ite. Incident.

ed the trigger. The revolver Producing a certißleute from Dr. Felicked; the man rati; the woman

po. where she was taken for | Cockereli tried to turn his vehiclf having a fight of Soy Street cor fendant had my authority to sell

Reclamation Street at refuge against a typhoon lash further to the left but fallet in do January 4. The property at all. In the course. P. Les of the Kowloon Haspl- gave clince but lost sight of him. ***tal Sub-Inspector J. H. Evans yes, As the man with the revolver of the crossesmmination

ing the Colony, the former to as something appeared to have They were arrested and brought ar Telerday said that complainant, is į ran, the others, left after seeing

passenger defendant, the eircumstances

steamer Mongolia, gone wrong with the wheels. back to the Mong Kok Police still undor niedical attention but that overything had gone wrong. which The

Mr. Comber submitted that the gtailon where they told the story af

now tie Panumanian, is due powers atturaes there was no longer náy fear of All the men vanished and were end to be given to him were ex his losing the left eye.

to reach the Lalchikok "Scrap military vehicle who may about of the 8ght,, It appeared that the not seen again save the one with

six invites uff its own side of the youth owed Chan $0 and, when plored hat. although these elr SI Evans seld thai Mok was at the pole who stood guard over the Dump" today.

will, be road, and that the driver, di is asked to repay it, was unable to cumstances

above football game on the afternoon four men in the house. Jie run Mot

The 13.000-ton hull

very best to avoid a collision. auspichon, there is no allegation of of November 20 when defendant, down the main rood, brandishing towed by the ocean-going" tugs

According to the evidence giver, frand against the defendant and f

who was sitting about two seats his pole and was only 400 yards Frosty Moller and IIMS Encore, must be assumed, for the purposes from hin, united a friend. Tam from the house when the enraged from Taipo to Latchikok, where of this ease, that he did not know waved to the friend who went up mun caught up with him:

she will be broken into pluces for the powern of attorney wore to the sama row of seats and sat With the intention of reporting the scrap heap of the Chlap Itu around the wheel Te it any material time next to defendunt.

to the Tsum Van Police Station. Manufactory Company, which affected the movements of the when Chan struck him on thu Equals, there is no allegation of Tam began to grumble at the Ho Hapg. Ho Koi the sludini, produces steel rods, shipplag fraud against the pialatiff and alte other people not making way for

Tam King-yi and Ho Cheuk-man challery and construction ac- worry after the impact, must be taken t

Hearing wng adjourned to the have been his friend and Mok told him that

who was confined in the kitchen similarly ignorant of the forgeries. he should find scuts elsewhere, and later inaniged to climb outsoles,

There is no evidence that the Tam sut up and, when passing throught the window took no bought for about HK$1,600,000 by will visit the scene with the pre-when Lat failed

The Panamanian was recently morning of February 2, ring the adjournment, the magistrate complainant, took a punch at plaintiff took any further action Mok, breaking the left lens of the Tsun Won

and drove down the main road to the Company. The craft flew the secuter and defence counsel.

Then they saw the in the mintter until nearly two

Panamanian fing during her ser years after the re-occupation of glasses he was wearing,

She arrived here in Hong Kong, when her solicitors

the eye. informed Choy Chuen-kam of the in hospital for about five weeks Relentlessly, the four men follow pore.

Complainant remained with the pole took to the hills January last year from Sluga- purported sale of the property to and, up to January 3.

ed in pursuit. There was a fight her. It had apparently come to the plaintiff's knowledge that Chuy Chuen-kam lid resold the pro- been imposed against arrivals powered and knocked uncon porty towards the end of 1948, from Calcutta on account of sclops, Me was bundled into the

Replying to this letter on Octo: plague, and against arrivals from car and taken to the polles, ber 1, 1947, Choy Chuon-kam's Canton and Shanghai on secount Three knives, a torch solicitors informed plaintiff's of smallpox.

cartridge which had been struck but was still live, were found in the cemetery, grounds later.

The inan with the nole was Identified na Lai Mun, the arcus-

Broken pieces of glass pierced man with the pole.

As the car approached, the man vice days.

on the hillside and the man with

Quaranting restrictions have the pole was subsequently over- Francis Wu Gets

TAI HANG JEWELLERY

and

He was ordered by Chum to by the prosecution, the panel of

take of his windlemmer and the private car was wrapped pawn it for that sum. In the act of the lorry of complying with the order, Lal This, he contended, might have had his fucket down to his elbow

chest,

On their records being checkeri, it was found that a circular was ssued by the Mong Kok station to report in December. after having been put under police supervision for a your on Andil 23, 1948.

It was further revealed that he bad four convictions for larceny from the person, dating back to November, 1940, and that Chian was convicted for the some type

The youth was given four months', hard labour, and Chan érelved six weeks hard ataqur.

of offence on June 25, 1940. U.S. Award

VIOLATED CLOSING TIME Stammoned for operating his massage establishment at 383-309 Hennessy Road, after the regula- tion huurs, Li Wen-jang, the a nominal manager, was given Francis Wu, weli known fine of $25 by Mr. Hin-shing Lo, local photographer has been at Control yesterday. awarded a Fellowship by the Inspector Dewar of Eastern Sin Photographic Society of Ameri-tion prosecuted, and Mr. F.H. ca at the Society's annual con- Loseby defended.

After the last Witness for the Accus was committed to trini | véntion recently at Cincinnati, defence, Li Mei-nai, a girl eng

ployer of the establishment had The award is the highest in given evidence, defence counsel For an alleged assault on Tone America for photographic uchieve- | submitted that, on the face value Hon Kin at the Janetion of Rol.

of the evidence by the prosegu ment. oher Street. and North Street on

be dis are | tion, hin client should

charged. Toi and Levag Kwal, all coniles,

Mr. Wu has been invited to

Disagreeing with Mr. Loseby's were charged before Mr. Hinholt n one-man exhibition of 50 contention, Mr. Lo said he was shing Lo at Central yesterday.

Pendlog further investigation prints in the different states In satisfied with the prosecution's He ovidence, but he would treat the a remand of six days in police Amerten tor about a year. custody, was anked and grantód, I has also been invited to Ceylon,cpeg a technient one,

ed.

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