1949-05-10 — Page 2

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THE CHINA MAIL, TUESDAY, MAY 10, 1019.

Kowloon Garage Brings Appeal

An appeal against 'a decision of, Mr. Justice Reynolds, former Additional Judge, was made baforo a Full Court of Appeal comprising Sir Leslie Gibson, Chief Justice, and Mr. Justice Williams, "Puisno Judge, yesterday. The appeal was brought by the Kowloon Garage of 29A Nathan Road, who were represented by Mr. Eldon Potter, KC, and Mr. Percy Chen, both of whom were instructed by d'Almada Remedios and Company.

The respondents in the cake are the Kwong Tal Company Limited, of 20 Westorn Street,

MORE POWER Hong Kong. represented by

་*

FOR DIRECTOR OF EDUCATION

the Hon. Leo d'Alṁada, KC, instructed by Mr. C.-Y. Kwan.

Te muncal

"gainst the deel-

40

of Mr. Justice Reynolds, given on February 14 given in Favour of the Kwong Tal Com

claim brought about by them. The claim by the respondents at the original bearing-was that they wore the registred owners of K. L. 1, 1210, and the appellants- had erected structure: there wiur-

THE Education Ordinance.pany Limited, then the plaintiffs; 1913, is to be amended to give the Director of Education power to walve or modify re- gulations governing the stand- ard of hygiene, sanitation and safety tn be observed schools.

in

The amendment is included in n Bill to be introduced in the Legislative Council at its meeting tomorrow.

The official explanatory state ment said that it is proposed to

replace the regulations under the Education Ordinance by regula- tions improving the standard of hygiene, shnitation, and safety to be observed ip schools,

out their consent.

The Kwong Tal Company fur- her asked the Court for an in- function to restrain the Kowloon Garage from being on the land, and also for a declaration they re et enfiled in maintain the stresures there.

¿

Grounds Of Appeal

that

Chinese War Dead's Home Coming

The body of Ho Leung, first Chinese-American War dend to be returned to South Chinn, at the Kowloon Wharf.

In the background are Major George F. McGinn," who with his; assistants, Sergeant John A. Balog, Corporal Everett W. Gleaves and Sergeant U. N. A. L. Parker (WAAC), escorted the body to Hong Kong.—“China Mal}'* Photo.

Chinese-American War Dead Brought Here

The first Chinese American war dead to be brought 'back' to Hong Kong by the American Gov- drnment for burial was handed over to hid next-of-kin yesterday morning. ·

The grounds of the appeal yes- terday by the Kowloon Garnge thus were (1) that the decision.

Hc was 64-year-old Ho, to the American Government for *possible for their was against the weight of evi Leung, steward on board the making it dence: (2) that the Judge was

American transport

Black father to be buried in his native

vilingo. minc to wrong in law in holding the op- Hawk, which struck a

pellants had failed to establish

Full applienfion of these regula- tions might result In schools, which are unable immediately to conform with such standard, be- ing closed

Therefore, proposta to

mnend the principal Ordinance that the conduct of the respon- give the Director of Education af power la waive or uvodify regulants was such as could invoke a Bons in trikular cases where plea of estoppel in pais, and, (3) he is satisfied in regard to any

that the Judge was wrong in law particular case that compliance and in fact in holding that the with the highest standards is im- respondents practicable or unnecessary.

Four Hundred

answer,

had

110 case

to

Mr. Putter, In the course of his missions to the Court, Mont- tel that it was clear the Judge was obviously wreng in

DP's Pass HK ruling that the ongs was on the

thun 400 Displaced

the

in the English Channel: Hoses died from his injuries at the Royal Naval Hospital, Port- land, England, on January 1, 1945.

The body was taken back to the United States after the end of the war, and at the request of the next of kin was returned to Hong Kong by the ss. General Gordon.

The handing-DVIX" ceremony, which took place inside the Kow- Joon

Wharf. consisted of the

casket,

draped loading of the with the Stars and Stripes, on to the truck which took Ho on the last stage of his journey back

village across thei to his native border of Shumchun.

George McGinn, United States Infantry, attached to the Eighth United States Army, Yokohama, who escorted the body to Hong Kong, presided at the handing over ceremony, assisted by Sergeant John A. Balog, Ser- geant UN.AL. Parker (WAAC) and Everett W. Gleaves, of thù Graves Registration American Service, the other members of the escorting party.

defendants (now the appellants)

More

une the existence of a lease und of trespassingnitted that in Persons, evacuatodi

from He further Shanghai by the International this case, if trespassing was in- Refugee Organisation, passed volved, then the plaintiff should the night yesterday aboard the be in actual po:ression of

Major land. No one, he said, could bring ss. Haven in Kowloon Bay.

The IHO

ship called an action of trespassing unleas mercy here for bunker en route to the he was in actual possession of the Samar Camp, where the DPs are land. The plaintiff was not in to be given temporary refure by possession of the said land in this the Philippine Government,

case, he submitted, This balch is believed

to be evacuated from Shanghai under the auspices of the IRO and the also Haven is reporter to be the last mercy ship Geneva GHQ arranges for another ship.

Consel then quoted numerous authorities in support of his con- tentions.

In

to Mr. Potter, Mr. submitted that all that

unless thered to found an action.

The DPS aboard the Haven are mostly White Russians and State- less Europeans.

So far, 8,000 DFS have been taken aut from the Chinese metropolis.

The 3,100-ton vessel was seiz- ed by the Shanghai Garrison Headquarter as she was about to leave on May 2. It was later re- ported that the Garrison finally recognised the United Nations flag, which the Haven is lying. ard released her.

was

for trespassing was legal possed sion without occupation. He als said he was right in his argument that in this case the onus of proos rested en the defendant. The Judge, he declared, was right lers Andings.

in

After, M. Potter had replied to Counsel, the Full Court reserved

decision.

Last Rites For

Maria da Roza

Major McGinn told the "China Mall" that in all 11 bodies were brought to China by the General Gorden, One Shanghai.

was landed

Secret Gang Broken, Up

Basalt Island Crash Findings

The Basalt Island air crash on December 21 last, resulting in the death of 35 passengers' and crew, was due to an attempt by the pilot of the CNAC Skymaster to climb to safety height after letting down over dn area:mis- taken for Hong Kong...

-

This conclusion has been reached by Mr. A. J. R. Moss, Director of Civil. Aviation in his capa- city as Inspector of Accidents. Mr. Moss said that the aircraft collided with the high ground' at Basalt Island while flying in very poor visibility and at a low altitude.

The 35 killett. included Me. | (3) the aircraft had a valid Quentin Roosevelt, Vice-Presi certificate of airworthines lasted dent of CNAC, and a number by the China Civil Aeronuiles of well known Chinese officials. Administration.

(C) the airemft carried suffi- The Captain and Pilot of the aircraft wan Mr. C. M.Sundby, clent fuel and oil for the intended

night The CNAC Skymaster was on.

its fight from Shanghai to Hong

Kong when

sen It

(D)

all licences by the

crashed on Basolt Were valid

East of

trew

(E) no oviduce of pre-crashi failure could be established in any

Island, about 10 miles Kai Tak. The last recorded con- fact with the aircraft was madewart of the airframe or its en- about Ave minutes before

The crash.

ines.

In Mr. Moss' opinion the causa of the nccident was that the air- The contact was a conversation craft, while nying in very poor between the Skymaster and a visibility and at a low altitude,

other CNAC plane between 2.50 p.m. and 265 p.m. The pilot of the Skymaster told the plot of the other aircraft that "we have found a gap here and are going to have a look."

collided with the high ground at land known as Bassit Island within the Colony of Hong Kong. Ficferring to weather informa- on, the report said that the

Bys- Item in speration at Hong Kong A reply to let me know how Airport is, that all Waglan istand you make out" was returned and weather observations are oblain- The last message from the Sky-ed every hom when Approaches master was " I can let you are carried out under Vtsunl know. then I guess it will be all Flight Kuiles end every half an right."

Hour. 'when Instrument Flight After that, nothing further was Rules are in force, heard and all attempts to con- The communication is by radio- tae! the Skymasterby radio telephone and observations are telephone and wireless were un-tranumitted to the Control Tower ¡sticċessful

by the Hghthouse keeper who hus Plane Overdue hud training in meteorological

observations

The system has Mr. Moss's raport added that;

proved satisfaciety when it was decided the aircraft realised that the observations are although it is was overdue and had crashed the company was advised purely local and are not accurate and the Royal Air Force Search VT a wide area. The observatiets *** Laround this Island is, however, * and Rescue Omeer in charge in-good indication regarding the formed and requested to alert the weather within the Southern en-

possibly

flying boat crews and landrescue wat

The Chinese authorities recently broke up a secret organisation which planning to derall and rob trains on

the Canton- Kowloon Hallway, necord- ing to vernacular reports. Three ringlenders of the organisation have been added the re- execated, ports.

The organisation was broken up ot Tungkun, about 40 miles from the New Territories border.

Personalia

Messis. L. C. Ayres, Haraman das Singb.

O.F. Norton. H.J

trams.

trances.

The Water Police and the Chinese Maritime Customs were alto informed and requested to obtain reports from their patro'

to DE In bott Known

the vicinity of Mirs Bay and sur- rounding areas and attempt fr locate the misting aircraft. calf was immediatěly put out te all petrof boats to stand by and take up search of the specifier; 10

area.

this wa

Weather

Weather information to tho South West, North West and to the North cannot, at the moment. be obtained by means of ground observers, and Control Officers at Hong Kong have to rely entirely an observations from aircraft in' the vicinity, Such Information recoivodi is passed to other, ale- '. craft who may be interested.

This information on the day in question was obtained from CNAC: and passed lo Diteraft XT-103

T-106, and other aircraft. Con-

the

having been

lest with the Con-

fanew-was, the Approach

formation.

unable to pass this fa-

CNAC pilot, however, reports

The. China National Aviation Corporation requested, permisalon to send aft n C-47 aircraft for Search purposes and agreed. The aircraft dook off at

North p.m. and searched to the East and East of Hong, Keng.

After approximately one and quarter hours the aircraft was re- called owing to the rapidly date- Eddo. Commander J. Howson and riorating weather. On landing the that while in the Control Tower pilot stated that he saw what he Prior to the necident he ieerd the horter that he had been unable on a ridge somewhere in to make contact over the sea ond the vicinity of the entrance to was proceeding to his alternate. Mira Bay. This information was Corton passed to the Water Police and a This informallen was ucknow- Signals received a message to the that he would make a "pass" und 8.47. p.m.

the Royal Air Force ledged by the Skymaster stating chest that the aircraft had been unable to make contact he too located on Basalt: Island and was would proceed to Canton still burning

among the passengers who left for was the missing aircraft | Pho. of XT-103 Inform the Sky.

Mr. and Mrs. C.E. Edlin were

day by CPA. Bangkok and Singapore yester

Kong, one for delivery here and "The 10 brought down to Hong

nine to be sent up to Canton, are

Mr. C.S. Ramage will address the first batch of Chinese Ameri- can war dead returned to China he Kowloon Rotary Club On at the expense of the American Thursday at the Peninsula Hotel Government," said Major McGinn. His subject will be

"The New The

returning of war dead to Zealanders at Home." destinations all over the world ia of done under an Act of Congress Me. and Mrs. Jacques Du Rivau 1946, which appropiated the sum left the Connly yesterday

鱿

for

+

were

י

Are you actielied

no

No Survivors

· of US$300,000,000 for the pur-Haiphong by Air France

The lolica, dispatched a launch pose, explained Major McGinn,

proceeded to the scene, and later who said that in addition to re-

there Mr. Robert Berkov arrived here reported that turning the bodies, all expenses from Saigon yesterday by Air curvivors. paid to designated destinations, a France.

US$75 Is payment of

pald for burial expenses.

The Haven is under charter by the IRO. Last March after com- pleting one of her merty mis- slons, the vessel struck a rock en route to Shanghai and limped The funeral service of Mer-T into local waters listing heavily. cedes Muria dla Roza, daughter of She was repaired at Taikoo Docks Mrs. Baustina da Roza and the and left recently to resume her late Mr. E. D. da Hoza, was held operation,

at the Catholic Cemetery, Happy She is due to take about 400 Valley, yesterday, DPs from the Samar Camp to The service was officiated by

discharging Sydney after

her Father Ramaccitti and the chief present load.

mourners were E. da Roza, L. A.: The 'DPs are not allowed by da Hoza, M. L. du Roza, and A. B. the local Immigration authorities] da Roza, brothers of the deceased. to land. But the Hong Kong IKO The decessod is survived by office reported yesterday that her mother, two sisters and four

isitors were permitted aboard. I brothers.

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King's Mufiding - (2nd floor)

Messrs. H. Ogden and P.A. Ho Kin-laing and I Chuk-Collin arrived in the Colny yes- man, the sons of Ho Leung, whoterday from Singapore by the us. received the body from Major Hai Lec. McGinn, expressed their gratitude

•

*

1

•

These 2 VEB

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SONOTONES

The report said that the con clusions drawn from examinatioer of the wrecisage togoiler with the ovidenied submitted by other pilotr and the nuty. Controllers of the day, are that the pilot let down over a position to the East of Mr. H. Miles-Pickup arrived

Elong

Kong of his own accord, from Rangoon yesterday by which he thought that he was in

8. Ha! Leo.

[1] fact over: Hong Kong.

This let down what rhude visual- Week-end departures from the ly through a hole in the overcast Peninsula Hotel Included Mr, and and, together with bad visibility Mrs. A.M. Thompson, Mr. and and low cloud of which, it i The Commander-in-Chief, Far

Mirn W. Hail, Mrs. Bass Choi Clew considered, the pilof was fully East Station, Admiral Sir Patrick Kim, Mrs. A. Villonco, Mrs. M.B. aware necessitated the aircraft Bind, yesterday expressed his

Gregor, Mrs. F.R. Lycan, Messrs, flying, very low in such weather

conditions. M.S. Polin, W.H. gratitude to the citizens of Hong Saunders, A. Ponve, G. Olmo, landmarks associated with the Falling to recognise, the normal Kong for their kindness and gent.M. Wu. .C. Huang, B. Koo, South entrance to Hong Kong erosity in providing comforts and J. Robertson, N.A. Schwartz, E Airport, the pilot thereupon set NEW smallest-gr hospitality to the officers and mers B. Kamer, A. Duhroughe, J. Im of ships recently engaged on Meats, S.C. Chow, and A.S Yangipe

Admiral Brind Thanks Colony

He and the officers and men of the Fleet are particularly grate ful for: the generous contributions which have been made by the people of Hong Kong, to the Fuhd which they have started to aid the casualties and their depeni dente,

Lian.

Horand,

*

•. ■

Among the new arrivals at the Perririsula Hotel during the week- end were Mr. and Mrs. L.A. Beattie, Captain and Mrs. 8.E. Terry, Mr. and Mrs. W.C. Powerd, Messti Y.C. Leo, A. Moránd, Admiral Brind will leave forny Y.K. Ying, L.C. Ayres, C.H. for Alfanghal in HMS Alert to Veytan, K, Sheafer, N.A. Mari confer with Vice-Admiral Madcham, S.C. Chow, Ed: Clausen, dui there,

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course that would, enable, hine le climb up to safety height. Basalt Island loomed up in front of the atreraft. The pilot attempted to climb to clear, this

obstruction and at the same time return in a sharp bank to the left.

The nose of the aircraft, how- aver, struck the Northermops)

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the island while in this designed as a unit for unique position. - The plane collapade | and burst the now and ga, podali NEW lubost - the smallest, tlari of

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A DOSTA continued over † Fand weight .......

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the top, of the hill,, became air- bome for a short distance, finally crashing back on to the lower -section of the South East aloptpro

where' Ibrinally, burnt out,

The alterate was considered to

Haver

| burak * listo "flamedrons initial Impact, and when propelled: over thé: top-of: the hill: that fall unit. -struck than togt;-bröke-off and war “sasagod› down the slope with, the

musini wreckiga, 19

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