1949-03-15 — Page 2

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THE CHINA MAIL, TUESDAY, MARCH 15, 1949.

WARTIME LAND SALE DISPUTED IN ACTION

The sale of No. 184 Queen's Road Central during the Japanese occupation was disputed in an action before the Chief Justice, Sir Lostio Gibson, yesterday.

Tsui Chun, widow, residing at No. 172 Prince Ed- ward Rood, 2nd floor, the plaintiff in "the action, claimed that she bought the property as far back as October 1912.

The sale of the property in the premises; and that she. ns the sole beneficial made by Fung Kwok-hing. plaintiff, representing himself as her owner of the premises, is entitled agent or attorney, on February to possession." 20, 1945, was not recognised by her as, she said, Fung was and al no lime, her attorney he had no authority or right to assign the property or deal with it in any manner what-

soever.

She further stated that the a- signment was made without her knowledge or consent, and claim- ed that defendants were in wrong- ful possession of the praises.

She asked the Court for a de- claration thut the assigament made during the Japanese necupa- tion is null and void and of no legal effect; that the defendants I have no right or title to or interest

LADY GRANTHAM SEES STUDIOS

Lady Grantham.

She claimed possession of the premises, mesne profits from date of the alleged wrongful assign- 11 date of DORKCENION. costs of the Bresent betler, and

until further other relief.

Plaintiff wris represented by Mr. Leo D'Almedo, KC,, instruct- cd by Mr. C.Y. Kwan.

Defence Statement

Defendants in the action were Lul Buet-ying and Tang Sing po, stated in the claim me inarried women, residing at 2. Queen's Road West, 2nd floor. They bought the property from| Fung Kwok-hing on February 20, 1945,

Legalising Charity Lotteries

BL. Vincent de Paul 80. clely one of the biggest charitable organizations In the Colony will be able to run its annual lottery this year provided a dif, to be presented to the Legislativo Council tomorrow, passes its Third Reading-

An Ordinance to amend the Gambling Ordinance af 1891

have its First Reading at the Councli mest. sing tomorrow. It asimilates the law in Hong Kong so that of the United Kingdom, mak. Ing it legal for totiorles, to bo run as an Incident of en- tertainment organlaod by charitable raise funds.

of

to institutions

.can.

SHIP HITS ROCK, TOWED INTO PORT

(By Our Harbour Reporter)

Panic among bor.crow and their persistent pleas

compelled the master of the ss. Haven to radio for assistance-a few hours after the Chinese stoomar struck a rock in thick fog. off. Namkan liland, 10 miles South East of Waglan, at 6.05 pim, last Sunday. "The Haven was not in danger at any time after the accident, although she listed heavily two miles off Waglan, Mr. George Churlehen, aged 59, Polish master of the Refugee Ship," stated aboard the vessel when 'interviewed.

which was en The Haven, route from Manila to call for

10 seamen from

waited for the Chinelo

Union.

rellet Seamen

Wargi declared tha

to the

Under Rinting provinow-fbunker, hare, alias discharging,

* Mostly from dre the principal Gambling 500 DPS from Shanghai al

they Ordinance, such lotteries are Samar Island, was towed into partment. illegal. They are However,

port yesterday with a split they would not return

ship. legal in the United Kingdom

forepeak and listing heavily on provided that 'certain

Doctor's Story ditions, ere. complied with,

The conditions are included In the proposed amendments. The St. Vincent de Paul annual lottery was not al lowed to be run last your by the authorities.

****

Both women were represented by Mr. H.G. Sheldan and Mr. B. A. Bernacchi, instructed by Mr. 1. Peter H. Stn.

In their statement of defence. Lui Suet-ying stated that she was a married woman residing at 11. ccompani-Dragon Terrace, 1st floor, and ed by Mr. Otto Preminger, Tang Sing-po claimed she was a Hollywood

45, Bonham actor, producer widow fresiding at director, and Mr. Philip Road, 2nd floor,

They admitted buying the pro- Dunne, Twentieth Century Fox

perty during the occupation, but screen writer, paid a visit to

they subunities that it was for Yung Hwa Studios at claintiff to prove that the

she was Kowloon yesterday afternoon, Teul Chun in whom the premises attended by Captain Wilson, became vested in the assignment ADC.

completed.

the

Onus Of Proof

-

Lady Grantham was net at the They claimed that they were Stadios by Mr. T.Y. Lee, General | beneficial owners, having pur- Mtenger, and Mr. Ralph Shaw, chased the property by assignment Personal Assialun aud PRO. through the attorney or agent of A spent over an hour on the the owner. དའི

Mr. d'Almodo, opening for the She evinced considerable in-plaintiff, said two issues are terest in one set dealing with fevolved in the cuse. The first is Among the colourful lo tribes ownership of the property, in re- in Szechten and she was introspect of which the onus of proof duced to the director, Mr. Richard ls on the plaintiff. Po. by Mr. Premluger.

she left After the visit Studios with Mr. Preminger and Mr. Dunne, both of whom will be flying to Shanghai on Wednesday in spend a few days there before clarning to Hollywood. They plan to come back to Hong Kong in the alumn in order to ma new production here with both American and Chinese players.

Yo Ke, author of the play and film, "The Sorrows of the Forbid- den City will accompany them to Shanghai.

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The second issue is in regard. to the assignment of the property during the Japanese occupation, and the onus of proof is on the defendunts.

In support of his contention Mr, d'Almada quoled various bu thorities on the subject.

Disputing this contention, Mr. Sheldon said such spillling up of the issues and dealing with sa case plecemeal, as it were, had of been done in 25 years. If a case could be split into two issues, it could also be split into 20 issues.

The only issue in the cuse, sub-.

her port side. Her No. 1 hold was only dented but became water-logged as a result of the

It could not be confirmed offi- leak from the damaged foreclolly last night whether the CSU peak.

*****jured.

Solent For Hong Kong Delegation

The specially-chartered Short Solent ying-boat which is to fly Hong Kong's industrial dele- British Industries gation to the Fale ut London and Birmingham in May is due to arrive in the Colony in the middle of next month.

On her fight to the United Kingdom, the Solent will touch at Rangoon, Calcutta, Karachi, Bahrein, Alexandria and Augusta. The Solent has a wing-span of

is 114 feet, fler length

06 feet and all-up weight lotuls 78,000 pounds. Her power units gist of four Bristol Hercules Type 037, 11-cylinder engines

engines, giving a total of

of 7,200 horse-power. The Solent has a cruising speed of 210-miles-an-hour, and ac- commodation for 31 passengers and between eight and 10 crew, Passengers are accommodated on two decks in five cabins.

con-

All seals in the Solent are ad- justable and are equipped with collapsable tables. The upper deck has a lounge.

There is also a lounge and a bar on the lower deck.

The flying boat has three

toilets and two dressing rooms.

BOAC TRAFFIC INCREASING

Kowloon Court Brevities

Bail or $10,000 was asked at Kowlcon. by Detective-Sub-In- speéfor Suniners who prosecuted Yu Yard-mel on a charge of pos- session of arms.

д

Mr. Y.K. Kan, of Lo and 50. representing defeudent, asked for reduction in the amount claim- ing that his client was a Chinese Government official and that the gun his Bossension wor security measures only.

Defendant was found with an American sub-inschine gun with some 100 rounds of binimunition.; Bail of $5,000 cash and $5,000 sucoly was granted by Mr. Blair- Kerr who remanded the case till Friday.

Le! down by his partner in erine, Wong Muk-kong lost his hure of the loot and gained for Jinseit three months hard labour, and deportation for life.

'Wong stole a bicycle from a shop, delivered it to his necem plice and told him to sell it. He returned to the shop and did the same thing over again,

All hands, including several would consider providing relief.

under the circumstances.

Two Chinese Quarantine Service doc

doctors, who travelled tors, are safe. No one was in- with the referees to the Philip rines, disembarked here. Dr. T. Divers from Talkoo Dockyard Chao of the Shanghal Quaean examined the ship, which was the Service and Dr Choo of the lying off Talkoo listing at ud Tientsin Quarantine Service were angle of about 30 degrees, and among several Chinese doctors reported a large stretch of the forepeak was opened up but from aboard the Haven. Dr. Chao was ship surgeon of the us, Hwallen,

After stealing the two bicycles, ils bottommost point to a length which is also operating as a Re-

accomplice told him

to sell of five feet there is no damage.

fugee ship. He joined the Haveri "According to regulations

for the return trip to Shanghal. them and meet him at the ferry cannot call for help unless there

Dr. Chao suld they had just to split the money. His friend is danger of sinking," the China Anished supper at about 0 p.m. never showed up. Coast veteran declared.

Inspector J.H, Evans "We when he was shaken off his feet were quite safe after hitting the by a sudden jolt, He rushed out charge of the case. rock and it was only when we and was informed of the neci- were about two miles from dent. "It was exceptionally foggy Waglan that the Haven listed and we could hardly see more

There

personnel than a few feet." he said. heavily.

the from the steward department ba came panicky and took matters Into their own hands,

Caught In Fog

Reinting his experience, Chuncheh said:

came

to wait for it to clear.

then

and It.

he

wns in

Chased by an old woman with a stick, a 15-year-old boy threw. a sickle at her, causing injury to MT.

that the Chunchen complimented her lett temple, his officers,

Inspector Orem sald engineers add tha majority of the deckhands who boy and the woman's son were remained aboard throughout that playfully throwing pebbles at each ordeal. "They behaved like real other at Lantao. scamen and went about Mr. duties calmly," he said.

became ance

IRO Statement

their

Seme pebbles fell into a basket et tomatoes belonging to the woman. The boy was sharpening his sickle at the time. She scold- ed him with a stick in her hands and he threw the sickle, In the Juvenile Court, the boy was bound over in the sum of $250 for one year, by Mr. Blair-Kerr.

Two fishermen argued over

one of them. for debt of 50 cents which must have meant a lot. the other received an axe wound en the head because of it.

Mr. Blair-Kerr granted Inspec- wounded Oem's application for three day's remand anthe

sherman is still in Hospital.

•

"The Haven was travelling along the normal courad of oz In a Press release, Mr. Wm. N. degrees North West within Collison. Director of the IR structions to pick up 1.000 tons Hong Kong Branch Ofice, re

that the RO of coal at Hong Kong before ported last night going up to Shanghal for an evacuation programme in Shang ather of her refuged missions. hat will not be impeded by the "On approaching the Colony Haven accident since there the weather deteriorated and we several other IRO chartered ves were soon enveloped by a shroud rets at present in the Far East. of fog. After a few hours it be The Haven, he said. was due

and worse

" 1 made

here yesterday for coal and water 180-degree turn reversing to sen and also to load 500 bags of IRD flour for the refugee camp on to She was proceeding "Forty. minutes later, I return Bamar.

for another load of cd again and look the 30-degree Shanghai

Gold valued at about 45 000 North West course towards DPs to the Philippines.

was ordered to be confiscated to Waglen.

The Haven, formerly the

the und E by Mr. Blair-Kerr "The currents wero very Montoro, made her first appear- from two men who attempted to strong

In local waters late last export 16 bars. gradually foggy. Visibility was year with personnel, and their! Revenue Inspector Knox, pro- nil. Suddenly I noticed a black dependents," of the Wah Sung secuting, said that from informa- form

ahead und ordered full Shipping Company of Shanghal,on, a certain carty had been speed astern. Immediately. This owners of the 3,400-ton steamer carefully watched. The men had evidently saved the ship from She was re-named by the IRO the gold concealed in their socks. a power of attorney 329 ton-miles of cargo and mall ser

when she as the Haven serious damage. and, if so, whether it was forged in 1948-increases of 40 per cent we were reversing when we chartered specially, for the re-

and 80 per cent respectively, hit, the rock. But within 10 fuzee mission. After legal arguments by coun-compared with the previous

seconds the Haven was refloated sel on both sides, hearing was year's Bgures.

and we anettored about three adjourned to 10 a.m. today for It was omcially nunounced yes- miles off the spot. *** the Chief Justice to give ruling terday that in fons, the cargo

apparent damage was on the point of onus of proof, carried by BOAC totalled 3,166 noticeable then. When it cleared and mail amounted to 1.767 by we made for Waglan under our air between Europe and. Amerl-

own steam, travelling slowly Jo ca, Africa, Asia and Australia.

make sure. In addition, · many

millions of ton-miles were flown by British European Airways, British.South American Airways and the Bri- tish charter companies.

British Overseas Airways Cor milled Mr. Sheldon, is whether -poration dew a total of 18,333,

there was

or not.

Licence Was Not Genuine

Li Hung, a shop-toki of 918 Canton Road, was charged with affecting a public mis- chief by making a falas state ment to the Police, at Cen- tra! yesterday.

A considerable amount of the huge volume of traffic went in the first instance to BOAC's car- go handling unit at Airways Terminal,

Buckingham Palace Road, London, where some 1,000 enquiries a week are recélved from consignors who wish to On March 18, Ll presented a send goods by aly to all parts lorry driver's licence for renewal of the world.

at the Traffic Ofée, Central Sta- By the cargo booking system tion. Invesilgation revealed that in operation, consignments... the licence was not genuine, but in the case of passengers ore changed from a private my licence booked for particular services. by erasing.

The revised Air Freight book- Before Mr. Hin-shing. Lo, de- let summarises the facilities, fendant pleaded that be was a conditions of carriage. docu- Heersed private cor driver. He mentition, and COD systems. was offered a job as a lorry driver. | Coples

available free of and his friend suggested that he charge from the BOAC office or change the licence for hun.

its agenti, He was given ... à ́chance to

Gradual List

.

"Two miles off Waglan, we anchored again in thick for. The Haven Began to list gradually deeper to her port side: There the trouble started.

HOLD-UP AT LAICHIKOK

Was

"You are a bad boy and need a good thrashing," said Mr. Blair- Kerr to a juvenile yesterday. He was charged with using a bidder's chop that did not belong to him, causing much trouble, to the om- cers of the Government Vegetable Market.

After Mr. C. Large had told the An Indian witchuman em-

Bourt the amount of work involv ployed by the Standard Olled in a deceit of this nature, Mr. the boy to Company was. attacked and Blair-Kerr ordered robbed by two Chinese early icceive 12 strokes of the cane. yesterday at the Laichikok in- stallations

"

FAILED TO PUT IN APPEARANCE Mok Chi-chul, charged with indecent assault on Liu Sam-mul.

The watchman, A Singh, agu 45, was walking along the sea wall when the two men approached The crew" became panicky him, one anned with a piece of and began signalling for help iron pipe. Que of Dioinen hit on March 4. In a train 'car."failed by mesha of, the ship's airan, him en the heat with the pipe. Persistent requests from them

forced me to Instruct operator to flash the 80S. "The lifeboats were lowered for emergency only. Most of the

crew

AMENDMENTS

at Central

FAMOUS HELL & HOWELL

Filmo Diplomat

A fellow watchman found his to care beture Mr. Hin-shing L the friend lying unconscious some entard, a yesterday for a formal in later. Singh, was taken to His bail of $300 was estreated hospital, where he has recovered. and a warrant was issued for his

Singh was robbed of a gold ring arrest. - - bad donned their Hfe and valuables amounting to ap Jackets They belonged to the proximately $140, steward department, who caused me the samo trouble during the voyage to the Philippines.

"About 30 parked into a TO ORDINANCES bont und deserted the ships But

Wearing of uniforms closely under advies they stayed nearby resembling official uniforms. because of the fog. Shortly after, will become an offence under another 30 put off in andther proposed amendments to the identify his friend, but he re- CAR ACCIDENT

a Norwegian steamer, Summary Offences Ordinancé, fused.

1032, which will have theis entering por น was fined $300 or three

An Austin utility driven by Apparently

First Reading at 'tomorrow's months. Flis private car licence Mr. A. I. B. Bardens of 58B, Marine Police launch and the st. was on the application of in- The Renk had an accident at the Taikoo Cheong arrived. The men Legislative Council meeting.

in the two lifeboats Hoarded" the The amendments will also speeter Mackay, ordered to be Junction of May Road · and.

steamer, followed by a third; make it an offence to tako photo- cancelled.

| Garden Road Inst night.

boat, which was filled with in- graphs, make portraits or sket ather: 20 deserters, era

Chiang Kai-Shek Still In Chikow

Chikow (by phone to Shanghai), March 14,′′ Generalissimo Chiang Kai-shek is still in Chikow subhand has no plans whe

"whatoyer to 'loave soon. -

boat.

"Landlubbers"

"As culled

ches in court of any person, judge, of the court, Juror or a witness in of a party to any proceedings

before the court uch photo-

1 agreed to Publication of such"

be towed' into port although our graphs, portraits or sketches, wil engines were in good condition, also become illegal

A. Chúng

by

the

Pr amendments are designed

The

or

By the time we reached the amendments. Photographs of the harbour the Havhad listed persong concerned entering the the heavily. More "men deserted the

courtroom or ship this morning," Mr

precincts will also be Hen sold.

Recalling an experience when the same deserters became to prevent undesirable publicity panicky"for no apparent reason, in the way of photographs af -- Chunchien salden he was those administering the law A member of Generallssimo's allsumo two days ago. paid a fcerin, the Haven through appearing in court, sild an off- oficial family told the United brief visit to Ningpo, a post town arrow channel, to. "Jaland clal statement. Opportunity has Press that a report carried by 35 infice from Chilkow, but im he had to jonke'a. acute also been taken to centralise another news agency that the mediately returned to his res-angle furn to get through Thiery control In the Commissioner of Generalissimo has left here dence on Wuling Mountain car was no danger at all and the ship Polleo in matters concerning the and gone (o Kulings: Island bla

Generalicsime it

was not even tog Pute maintenance of order in publle In Amgy Bay was entirely

camo seamen put on their Mig places.*** ing daily hiken viijung | Jackets and stood hy to put of. erroneous?

countryside villages and; hai The passengers were, calm, NAMES CHANGED beinads, Alpha pounde weight surhead people, are, not permeni

He kald: “The Génermissimo, ja nemamo a still right here in Chikow

A report from Nanking said the information that the Gérerails.

"mother a tomb..

continuing

tho

Since leaving Nanking

14

be

The name of the imports and DAMAS at all, most of them "arg land- Generalissime now weighs lubbers who apparently go to win Exports Department will was 120 sounds," said Captalix Shlat to earn thore philips he re- changed to Department of Cora-

merce and Industry next month. dd-ife added: "The Generalissimo marked, to be t privately circulator Amongs

The Suppiles, Trade, and In- Meanwhiip, with their· bë. ing Making lovemm

polutely has no planscor Inten Captain K.C. Bale, one ur the thing of loving Chilow-Dowór longings... huddled together on dustry Department's name, is also aining Khaling de fariner krowce the rooky beach, about to the changed to Department of

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