1949-06-11 — Page 3

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Appeal Dismissed In Occupation Land Case

Reminders

Today

|Declaring that the Court could find no reason to "differ from the conclusion of the trial judge who exercised his discrôtion in decreeing specific performanco, Mr. Justice. Williams, Puisne Judge, yesterday dismissed the appeal brought by the local solicitor, Mr. Hangkam Kwigton Woo.

Langue Lawn Bowls matches la The appeal, at which hearing three barristers

all-divisions.

European YMCA Bathing plenke

at Silver Strand Bench, 2.30

..

Kowloon Cricket Club, dance,

11.m.

Coming Events

TOMORROW_

IIK Art Club, Skelching Party,

members lo assemble ot Queen's Pier, 2.30 p.m. for transport to Shaukiwan Classical Concert, Toe H Club,

Talbot House, 50, Macdonnell Road, 8.30 p.m. Liberation Shield Lawn Bowls competition, Kowloon Cricket Chub. 4 p.m.

Whist Drive,

8.30 p.m.

MONDAY

European YMCA,

Correspondence

handled the case for each side, was against the decision of the Chief Justice, Sir Leslie Gibson who ordered specific performance of an agreement in favour of Liu Lan-fong, alias Liu Ah-lan.

The appen! was made оп the grounds that the decision of the Chief Justice was wrong in law and in his application of the principle of equity to the facts.

The action for specifte per-

limited under the provisions of

section 11(2).

THE CHINA MAIL, SATURDAY, JUNE 11, 1948,

MURDER OF OYSTER DREDGER

That an oyster dredger, Chan Chong, nged 44, was murdered by person or por- sons unknown in Kampar

near Ping Shan District on April 3, was the verdici re- turned by Mr. W. A. Bintr- Kerr, sitting as Coroner, when un inquest into the death of

held Chan was

at Kowloon yesterday.

Detective Sub-Inspector W. B. Scrogg conducted the inquiry.

Dr. R. E. Alvores testified that he found an entry of a bullet wound over the right collar bens Death was due to injury to the lung and fracture of the clavicle caused by, a bullet, resulting in internal haemorrhage and sheek.

Chun

лп Chan-sing,

oyster dredger of Sha Kiu Viliage, Pin Shan District, said that deceased

· of· was his fokl. On the evening April 3, witness, deceased and an- other foki embarked in a sumpan, intending to sell to Hou Hol VII- soninge, in Chincze territory.

The Pulsne Judge, continuing. of the stated that the passing

was clearly beyond Ordinance what either vendor, or purchaser contemplated. Its effect, he' sald was that the mortgager was now Heble to pay additional sums to the mortgagees.

Foundation Of Contract

the

formance had been applied for by Liu Lan-fong, the plaintiff in the | original hearing, and was in respect of an agreement elated August 18, 1943, made between

"The foundation of The respondent's late husband and

appellant for the sale of pre-as that the vendor would ussign tract," Mr. Williams derinred mises at 48 Kennedy Road.

Shot From Sampan The Full Appeal

the lense to the purchaser frec Court was composed of the Pulsne Judge and frem encumbrances and the pur After salling for about an hour,

would Mr. Justice Scholes, Acting Puisne

chaser pay the agreed pur-and half way across the bay, they chase price. The latter hos ful- saw a sampan, about 100 yards H.K. Woo was represented filled his portion of the agres- irway, Four men in the other. by Mr. Eldon Potter, KC, the ment: there is nothing to prevent sampan shouted to witness to stop. Hion, Leo d'Almada, KC, and Mr.

vendor now fulfilling his part Witness then lowered the sall, and B.A. Bernacchi, all on Mr. Woo's

rowed towards the other sampan. own instructions,

the final question

of One of the four men who were The respondent was represent-whether the Court should order in the other sampan fired a shot. Sir- have just read your let-

KC,pecific performance of the 1048 After a while, another shot was fred, and deceased immédiately ter in the "China Mall about ap-air. John McNeill, and Mr. D. A. Lagreement, the Puisme Judge as- pealing to the RSPCA at home to Wright,

fell back on the deck. on the instructions of sertert that the Chief Justice har telp you in taking your dog to Hastings and Company.

further said that he Witness set out very lucidly his decision England when you go.

and his grounds for it in the shouted out for mercy. From tho judgment.

uther sumpan two shots were fired

(Continued from Page 2)

Leaving A Dog

too feel very strongly about Jeaving my dog here to the mercy of the people and tri very onvious to take him with me. I an therefore writing to sit wit you would, so kinilly let me lave the address of the RSPCA in Lən

lo so that I may also write to them. Perhaps if the appeal fs supported strongly some useful assistance may be given,

Thanking you in anticipation.

SYLVIA M. SMALL.

Editor's Note: The address la 105 Jermyn Street, London, S.W.

BANISHED FOR LARCENY

An unemployed young man was sentenced to three months' imprisonment and banishment from the Colony at Central yesterday, for aiding and abet- ting larceny and receiving stolen goods.

Defendant Chan Pul, according to the prosecution, was seen keeping a watch while two other Chinese walked into the ground floer of 230 Jafle Roadau June 8. An olorm was raised and the

ed by Mr. H.C. Sheldon,

Judge's Decision Giving his decision, the Pulsne Judge, stated in port:

"Additional evidence

the

of the agreement,"

A to

Maritime Board For Hong Kong Planned

Establishmant in Hong Kong of a Maritime Board to facilitate racruitmant of seamen for mer- chant ships and to do away with the pre- sont unsatisfactory system, is to be consider od by a special committee, appointed by the Governor yesterday.

The

Chairman of the Committee is the acting Commissioner of Labour, Mr. Q. A. A, Mac- Fadyen. The acting Director of Marine, Mr. N. Garland, has been appointed; to be a member of the Committee. Thé Chairman of the Ship- ping Section of the Employers'. Federation has been invited to nominate three representatives, and the Consul-General for the Netherlands,

the Consul for Norway, the Chairman of. the Hong Kong Branch of the Chinese Seamen's Union, the Chairman of the Hong Kong. Seamen's Union, and the Chairman of the Inland River Steamships and Motor Vessels Seamen's Association, one re- presentative each.

Seamen have alleged that they have to agree to pay the operators

TENANCY

APPEAL CASE

The judgment of Mr. Jus- tire

Additional Reynolds, Recruitment of seamen at pre-- sent

Chinese Judge, on a tenancy appeal, Is done. Brought boarding houses catering for sea given in March this year, was men. Compantes needing seamen the subject of an appeal ber unusually employ them through fore a Full Court yesterday. the operators of the boarding T. T: Kong, of 2-4 Fay Cheung houses.

Street, the oppellant," against whom Mr. Reynolds, delivered. judgment, claimed yesterday, that a share of their wages before, they the decision of the Tenancy Tri

bunal was against that weight or are selected for

An official statement by the evidence and "wrong in law, Government yesterday stated that inst

August, representatives British ahip-owners, seamen's unions and Mr. George Reed,

Commissioner of the In

Transport Workers

of

The Full Court af Appeal is composed of the Chief Justice 6 Lesile Gibson, and Mr. Justice Willams, Puise Judgę?

T. T. Kong, the appellant, and,

Tribunal is represented by Mr.

M. A. da Silva, Mr. Eldon Potter, KC and the Hon. Leo d'Almada, KC, instructed by Mr. P. L. Lam. ars both appearing for the respon dent. Ding. Gow, of 361-Princt Edward Road.

The Court went on to recall in the air, and the sampan' salled Federation, discussed ceriahr Informer opponent in the Tepancy

ternational labour conventiona What nt the original hearing, al-away, Decensed died about 20 war legallons of fraud on the part of /minutes later, Witness then salted which were designed to safeguard y J. L. D'Alton-instructed by Mt.

the working and the respondent's late husband bucit to Sha Klu, and reported the and improve were abandoned by the appellant, incident to the Ping Shan Police living, conditions of seamen,

Stution.

To Arrange Meetings: "Allegations of duress or undue

Witness concluded that he was

As a result of the discussions, Influence, e. & that the purchaser in clansman of deceased, and that

it was agreed between all parties was infiuential with the Japanese, were made at the trial, but there to be on the man respon that the Government would an

eible for his death.

range for meetings between ship- was no evidence whatever to sup-

owners and seamen to consider port them, and judge expresser his surprise that these allegations

problems Involved in the cruitment of scarmen were not withdrawa

Kong.

called before this Court, mainly in respect of a slalm made bs Ko Honing, formerly second mortages of the property, som- time after judgment had been:

been pronounced. In view of the fac that he had previously declared in writing that he had no fur- ther claim under the mortgage, his present statement contained In a letter of March 4, 1948 that he now desired to claim the sum of $39,034.92 because the previous money was

cepted by him under duress, carried little if any weight with

Us.

asserted

CHARGED WITH BIGAMY

decision of a Tenancy Tribunal Mr. Justice Raynolds upheld the re-which found that Kong was in Hang trespasser in the premises pertain

ing to the respondent, and that It was suggested that a more the agent of respondent's, through satisfactory system than the whom Kong becupled the pro- present-ons, might baʻa regia- | mises, had not authority to let the tration bureau on the lines than place during the Japanese 'oc- projected for Singapore. This cupation. The Tribunal ordered

those grounds to be. system has now been working Kong on

Singapore for some months. evicted. -Recruitment of seamen, in Hong • Kong differs in some respect from. that in Singapore, a vital differ- ence being that here most ship-

Mr. D'Alton, counsel for, op. cwners who select their crews eliants, in the course, of his argu- locally are engaged in the Chintaments, recalled that the Tribunol

trade.

End ruled that the' appellant was

Mr. Williams further 'hat the discretion of, the Court o grant specific performance was acot exercised if the 'contract wol

A remand of one week was 201 equal and fair. "The unfair granted by Mr. F. X. d'Almado nesa must be determined at the at Central yesterday In the case ime the contract was made," het of Nors. Patricia Baker (nec added. "That

In' turns Nora Patricia Kelly), charged contingency out adversely to one party does with committing bigamy.

at render the contract unfair." It was alleged that defendant, a married woman aged 30, went through a form of marriage with Leslie Ralph Smith at the Sup reme Court of

August 10 last

Mr. Williams went on to den briefly

through the arguments and recalled how Mr. Potter котью tended that the Debtor and Creditor (Occupation-reason to differ from both the al Period) Ordinance, 1943, was reasoning and conclusion of the that the mortgage re-attached to trial judge in the exercise of his the property and in consequence discretion the agreement had been frustrate performance, Mr. Justice Williams

dismissed the appeal with costs.

effect of the Asserting that he could find no

Mr. d'Almada submitted that specific performance of the egree-. ment ought not to be ordered be cause of the equitable doctrine of

by the provisions of the and Creditor Ordinance to. two Chinese managed to Rot pay a considerable sum to dis- awny, Chan was caught in pos-

charge the mortgages, though they

themed appellant being now

Free Tonant:

to decree a specific year during the lifetime of her coastal mittoe's terms of re- not protected by the Landlord an

husband.

Defendant is on bail of $200.

Ta

Gold Returned Chinese Refugees

session of a black Chinese-style were discharged to the satisfac-The pongée slik jacket, containing tion of the mortgagees in Septem- $543 ond a fountain pen.

All stolen properties,were. re covered und returned to the owner.

ber, 1043.

Mr. Williams went on to say that Mr. Sheldon dontended for the respondent that the effect of the Debtor and Creditor Ordin-

that

ance was to give the merigaßces only a personal covenant enforce For able against the appellant: there had never been any deci sion of a Court that on agreement for a lease could be frustrated.

Effect Of Ordinance

It was first-necessary, Mr. Wil- liams declared, to consider the effect of the Debtor, and Credlids Ordinance on the relations bo- and the tween the mortgages appellant.

That COUGH means DANGER!ment

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Famel

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wife of an employee of the Chinese Army asked Mr. Hin-shing Lo at Contral yesterday, to put her into prison if her husband's con+ fiscated four-tool gold bangle was not re- turned.'

that her husband finally got back half of the

bangle, which was to be cut in two.

ference are

Tenant Proclamation, and was 'a To consider the practicability | free tenant, " and advisability of establishing in Hong Kong an organisation for

In this connection, counsel's-

the registration and supply of misted that in the first place there

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seamen of Chinese race and to was no dentition of a tenant in THE PEKIN SYNDICATE LTR.

ment of such' an

make recommendations to Gov-eneral in the Proclamation, Bi- though there was definlütims of a ernment on the subjeci; and

In the event of the establish principal tenant and sub-tenant.

The respondents," 'hé declared. organisation be- ing recommended, to consider the would have to prove that he Kong

was a trespasser:** celting up and constitution of an advisory and administrative board to supervise the operation of such registration and supply:

Bound Over in:

Larceny Case Pleading guilty ***to, the

from charge of larceny dwelling house, Wong "Szo cheung allas Wong Chang was bound over $1,000 for 12 months by Mr. W. A. Blair- Kerr at Kowloon yesterday.

+:

Mr. Poiter for respondent, sub- mitted that it would appear that the appellant never had any ten- ancy created at all.

After the question of relation ship between two parties in Ümo of war, one of which were in enemy occupied territory, had been the argued Court served its decision,

:

Wattie Estates

The prosecution-stated that the complainant Chan Keung, arrived

Détails of the crops-harvest- in Hong Kong about n'month aged during May on the Malayan He stayed with a friend, Yih Sang-po, at No. 308 Sol Young estates of J. A. Waltio and Company, Limited, were re- Choi Street, third floor.

Defendant come from Shanghal leased by the company, yester÷ about three weeks ago, and stay day. The detailed list follows: brother-in-law-

Mr. Lo, reviewing the sen- Dofondant Wong San-lung, an tences in a gold confiscation employes of the Azhwel Provincial told the case involving six passengers Government of China, in the, ss. Anhui,

that he got three permitted magistrato

months

Gold Yuan from the pay in that approximately half of the Chinese Government and wasted confiscated gold pieces be re to go to territories still unoccupied turned to the defendants. by the Communists. For fear of de Mr. Mfred Hon, defence coun- prociation, be changed the money sel, said that the six defendants into goid. The other bought gold He went on to

to state that both were all refugees gausing through for similar reasons mortgages

pre-occupation Hong Kong and the confiscation

Missed, Ship mortgages and were completely ad put them in a desperate peal

The six 'defendants || čame - to- discharged by payment in Million. The returning of the tary Yen at about the time of the places was niso recommend Juno 2 and were to be transed with Vitt with was defendant's

by Hong Kong Inthoka. Anhúl un agrtament, but without repay Revenue

with the content of his superior. shipped to the s. Kimung for

nuo Inspector Humphreys

Jelter from the Office of

nce of the Cunton, "They missed the ship, Complainant kept a suitcase in favour of the Commissioner for Kwangtung and their gold was seized by revenue containing some money and b purchaser in English Chinese,

Ministry of Foreign officers, and they A

were charged quantity of clothing, to the total Al gold without value of $6,705, at the rear cubi

Balu Anam and Japanese, but the transaction fairs of the Chinese. Nationalist with Importing 1

cle. was never carried to completion Government, certifying that the licences.

Defence counsel specifically stat On Jund 6, complainant found

Chemor by registration-either with the six defendants were employees and Japanco or later after the occul dependents or employees of the of that

to the Police on June 6. sek

Cheng, a widow, who lost pation.

Chinese military and civil services,

Acting on Information, her husband and two children dar.

plainant and nodetective went to Bersambu ing the fall of Manking converted what itia compensation money

No. 144 Lockhart Rond, where pita she received from the Nationalist

defendant was found, Defendantnersh then took the police to a house at Government into two small barn.

pagtables Trint of life stolen property Java Road and recovered

Defendant admitted that he hat spent $710,

Who is

of the property |

After going through the section was presented by Mr., Iton.

11 of the Debtor and: Creditor

Ordinance and other authorities

at length the Pulsno Judge stated

Chang Nai-ye, the defendants his ruilense missing He reported

Reviewed Süntancès: Tho names and the reviewed that, should a mortgager not bein: sentences of the defendants, all of replace the security the whom living in a small room.given mortgagee may apply to the Court hom Eres: by a hotel propfen Defendant Chha Chun Was abent

due

lo finess: His wife went to the Court may order the deer as follows

the court yesterday. When she Chu-wah, morlanger

bangle would be confiscated, uscatad, one wine nugget con heard that her husband res

Wong Chokecheong, two small tote the trigletrato it that cand

confiscated, ong returned. you better put me

In the Prison Wa * Nai-woo, confecated, two returned.

half of the battgło wai Chang Nal-yee, two arrail bara

to her husband. returned

Chun, half of a bangler Inspecter Humphreys, in re

If the mortgage, he come tinued, "having got in the legal estate from the mortgages, Der signed it to a purchaser during the occupation period, then in our opinion the mortgager cannot now reinstate it nor will the order him to do so?

M. COUNTY" to “Mr. Pottery: argu- i

delli

ment that the legislature berately afforded ho, protection to

a bona fide purchader, Mr. WILL

helples anyway."

two small barred be hos

the

comment

return, of: tin sasod Wang Ban-hung, one mugget congestion was fundo dub to Lin facti fiscated one returned..

that the defendante, were genuine 13téna imali, göld pieces, and rustagues indeperate positi

syrup that it the "Courts not includes in the above and fund this eyes

Agents com

A. S.

ZON

opinion that was mat.so, because Jist, were returned to them on the than to go back to Chl the rights of the credito are spot by revenue officers;

HUA: NAN MOTORS PRESENTS =

LIGHT

Tekken the burden an

CARS

Com

Bhan

The complainant pleaded for leniency on behalf of defondant Bus Menzie and said that-it-was-defendant's

first offence. Ho asked the magis Tabor „kradeja trate to dive defendantva !chance.

Financial..

MAY 1940 20Er to date

Podarimaks 17 02,000 489,000 (& monibs)

19.000

77,000

(2 months)

(0€,000/- 18 DIZUNO

(11 months +191,900 $8.900.

** (ITmonthèr

14,980 408,000

$1,000 1,000

205,000,

$2,100

$1,704,000.) (5 month).

JETODA

68,000.00 $ 6,900

15,000

(0 midatlle). 72,000 (months) 116,800 118,000 (z reontlu)

THE WORLD FAMOUS LONDON. WEEKLY

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