1949-07-06 — Page 3

Page

Appeal Against 1940 Judgment Continues

The Full Court sat for the second day yesterday to hear the appeal of Fung Kalian of No. 141, Caine Road, who wanted the judgment of Sir Atholl MacGregor, former Chief Jur- fico of Hong Kong, in regard to two purport- ed mortgages amounting to HK$60,000, to be reversed.

The judgment, delivered on December 19, 1940, was in favour of the respondents of the pre- sent appeal. It held that the mortgages in question, which were held by appellant as mortgages, were forgeries and were null and /void, and that appellant had no right to the

property.

It directed that a rectifice- tion of the record in the Land Offce was to be made to this -effect.

A motion of appeal was filed against this decision In Jamur 1941, but due to the outbreak of the Pacific War, the Appent Court was never convened.

Reminders

Today

Toc H Club, meeting at Talbol House, 50 Macdonnell Road, 0.30 p.ra.

European

Flag Whist Drive.

The respondents In the eas were Chan Ful-hing. Chan Sik- a and Chan Kwok-nim, the Arr: and third of whom had since died. peat comprised the Chief Justice. The Full Court hearing the ap-

Sir Leslie Gibson, Puise Judge, Mr. Justice Wi- Hams, and the Acting Pulsne Judge, Mr. Justice Scholes,

the Senior

The appellant, Fung Kal-sun, waz represented by Mr. H. G. Shelton, KC, and Mr. D. A. L Wright, instructed by Mr. M. M. Watron of Julinson Stoices and Master.

Mr. Eldon Potter KC, and Mr. Leo d'Almada, KC, instructed by Mr. D. L. Strellett, were for the respondents.

Case For Raspondents

After Mr. Bheldon had comh- pleted his suhimizalons for appel- lant yesterday morning, the ca for the respondents was opened by Mr. Potter who referring to mappenflant that there was n chits the argument put forward by the

YMCA, Kowloon. Sino-Urish Club Orchestra re-

hearsal, Cosmo Club,

Coming Events

TOMORROW

St. Andrew's Church congrega- tion welcome to members of Forces, Social and Supper, Church Hull, 7.30 p.m. Kowloon Rotary Club luncheon,

+

THE CHINA MAIL, WEDNESDAY, JULY 8, 1040.

Ounce Of Prevention

Tite anti-cholern campaign is on. Outdoor stæklām Ard posted at various points in the Colony to give free inoculation to the publle. Been here in a nurse, stationed on the Praya opposite the Custodian Wharf, giving an Inoculation. ("Chios Mail" Photo)..

Annual Meeting Of China Underwriters

Satisfactory progress was made during 1948, Mr. H. J. Armstrong, Chairman of the Board of Directors, told shareholders of the China Un- derwriters, Limited, at the company's annual general meeting yesterday.

to speak by one whose name had appeared on forged document, said that particular point, had been argued fully on four previ ous occasions in the Courts her It had always been held previous-

The Chairman's report sald ly but there no such duty.

The apparent argument pul inter alia that a re-examination

that forward

respondents of estimated figures necessitat- Wis were estomped by their alterich

ed by loss of records, now of Potter submittel, minor importance, shows that Estoppel. Mr. could not be created by oinlesion to speak but by a representatiu. the estimates made in earlier Women's See- which we rented by the em14-ers were adequate and, in

sion. Appellant's Pica that there the case was on estoppel was entirely in rumcient.

talk by Mr. N. F. Tucker, va "History of the Volunteers, Peninsula Hotel, 12.30 p.m. Y's Men's Club luncheon, tour Garden, TIK Hotel, 12.45 p.m.

FRIDAY

European YMCA,

tion, Club morning, 10 an

Tramway Case

The Tramway case, in which

"My position is this," went on Mr. Potter "The facts are found by the learned Chlef Jus- tice (Sir Atholl MacGregor)- linding which Recepted that plaintiff's property was morigated by means of a forgery. He also Lovni that plaintiff had kenneledge of the fraud and was entirely nequitted thereof.

14 Inspectors and a conductor | nlaintiffs having

are charged with conspiracy to fraud und forgery of May 24, CHEST with

defraud the Tramway Company 1939, what was plaintiffs right, by allowing the resale of oldinti was any

In 1947, due to the reduction in business placed with companies

for which we act as agéñía.

UT

"In addition to interest of $38,- 673 not carried to other account and the amount transferred from marine account, the main tein the credit side of this account is 580,182, representing the proceeds of sale of 10,791 shares which Were forfeited.

"All ordinary shares are now fully paid up to the extent of a shore.

December 31 1947, has been trans-

Prices Going Up

The cost of Ilving In Hong Kong continues to rise. Portaurants have atriady started to hicrease the rates for their dishes.

In the city, certain restaurants have increased their prieça from 10 per cent upwards.

Math increase in the market is in the price of meat,

fireword. certain types of fresh fish, edible oil and

Lean pork sold at HK$5.00 a catty yesterday, as comparej with HK$4.50 a month ago. Bemi-lean, pork was priced at HK$3,00-as, æýsinët HK$3.50 a mănth ago.

Bear has increased by 40 cents during the past 30 days. Veátérday's prize was HK$4 a catty,

Pribow of fresh vegetables aré aise on the upward trend.

Farmers Kept Informed Of Market Prices

For conturios Hong Kong farmers Had bean urad lo middlemon coming round to thoir farins buy. ing their produce for spot cash.

It has not been uncommon for farmers to agree to

a sale of the crops even before they were plant- This latter state of affairs, being occasion-

ed.

ed by the indebtedess of the farmer to the mid- dlemon.

The farmers, because of their lack of knowledge of the mar kets, were at a serious disad- vantage when it come to sell ing their produce,

The state of affairs has been drastically changed in the Co- lony for each day market prices of vegetable, on the Wholesale Market, are posted up on notice New boards throughout the Territories.

devcted to the perfecting of these

enines, is now at his service.,

The machines have been bought frote the commisden paid by the farmers and thereture belong to the furmers. This is Aut a story

progresa All market accounts are subject Love nongual nudil ty

of

to

Gingham and Mathews. (Contri- bied).

KAI TAK TOPICS

The bridging of the gap be- tween the old method of selling wan pe re there produce competitive buying, no market prices and a receipted bills or method of accounts, to the new

4,000 What was formerly a rather! competitive buying from

Healthy Village. tartners by almost 2.000 bidders densely populated village, the Ro was, indeed, a problem whitel Kong or Keep

used the marketing authorilles which was erected by the Chinu National Aviation Co-operation the early days of

for its employees, is now o vacant plece of land.

muth concern the organisation.

citics in

When the farmer

brings his

Owing to the typhoon season, produce in to the village collect-

all the tents in the village were ing centre it weighed, an nuc-

Isinantled by the co-operatiori's tion ticket is attached to the Un-workers prior to the recent pull- of life claims, mare

feet, and a geodis received sheet is ing down of squatters' huts in than adequate, so that some

made cut in triplicate. The pro- the Kovicon Clly district. release is again justified.

then sent to the marke duce l

The village which was erected. "Nht Life Premiums of $1,368,- "After making the transfer of accompanied by two copies of the by CNAC when its employers 711

compare with

s009,365 in $250,000 to life account a balance goods received sheet for nc- were being evacuated froin 1947. They include Brst year's of $9,098 remains to be carried

other The farmer Shanghal and countancy purposes. Premiums of rather more than in forward.

retains the original receipt and it China, was located near the foot

receives of the Diamond Hill to the Nort the previous year and growing

West of the Kaital airport. renewals which already exceed

sagalust this that he paymont Inter in the those in

in any previous year of

It a former is in urgent

need Rosorvo Fund

of mo the Company's history.

Two new Cessna private planes money for his produce he may "Death claims at $59,290 cum-

"The genéral reserve furit, draw. from the village depot, which were flown here a couple The problem was, and is now, pare with $73,088 in 1947 and which amounted to

$100,000 at unine of the

upwards to

of the of days ago from Conton. by Mr. to 60 per cent be considered very discovered thn | can

light

produce

H. M. Tau und Mr. J. Cheng for immediately the increasing ferred to reduce the re-establishe 11 is

The demonstration to the Far Eastern put into the depot. in force.

balance he receives later in Flying and Training School, or

10 be sold to a wealthy local "Maturity claims are as pro-ment of life business account, vlues ter.

A caedlt of $23,000 bringing it down from $1,348,812, the day when his produce has merchant. Mr. A. S. Halls, Chief

The value of

the flylog appears on the other site of the which was added to the life fund, been auctioned.

to $1.248,812.

lds produce It

acushying Instructor of ho takes release from the Investment and exchange re

advance is estimated by taking the school told the "China Mail" yes. account as #

terday. for unknown estimated Agures

the previous $66,062, after prices of stands at serve

day,

Bought from the United States Thore clatthis.

writing down

are two auctions daily at securities

with together

Cespnu unother Surrenders at $103.135 are

value stood above the Wholesale Market. The 2,000 private plane, model 178, the market value at

December 31 registered bidders make upwards new planes were, assembled pl end encroached; pre-war pulicles, in

to 7,000 purchases a day. Since the nging, school six months ago. largely due to the fact that 10.18,

no matter how

The Cessna 170 was flown to cach interest, "The figure for claims admitted Mr. Silva continued his sub-right of property has been cotri-dre rapidly ruining offer all known clairis

together with $133,000 for unreported claims under life policies which may still come in, after the re. lease of $20,000 to life secount.

"Policy loans uro

store than $200,000 less than at December It? 1947, mainly due to repayments from the proceeds of calms and surrenders.

and used tickets, was continuvel · before Mr. F. X. d'Almacku at Central yesterday.

Mr. J.

the plaintiffs?

duty involved on

Two Points "Two points of law arise, namé. is (1) What is the position of a person who abstained from In-

Mr. J. McNeill und Clifford instructed by Mr. P. A terfering while he has knowledge L. Vine Conducted the case for that his legal right to property has much heavier than in 1917, there whose book

the prosecution, and Mr. M. A. da; Silva is defending 11 of the In-

other three.

been violated and (2) what is the position of a

the in which

some

spectors and Mr. P. C. Wou the person, a violation of whose lern | Holders have taken 10 keer intimated but not pold includes I sit chips it can be realised what after the Blanes were assembled i

pleted without knowledge?

Hils

consent or

14

purched by an auction | Java By Mr. Jack Oe a short while sold there while the responsibility is carried by the and was

flown to their accounts before the close of the 120 models, werb accounts staff who must balance ether two Centras, the 140 and such day,

Canton. They were later flown to When the buyer hands in his Shanghal where Mr. C. C. Ma of Decount and money in payment the Tung Sing Company bought of samo the amounts are register-dium.

The 140 and 120 returned to the ed on one of the National Cush Register

receipting machines. Colony from Shanghai via Canion These machines, in addition to on July 3. At present they are security. 10 the large in the Far Eastern Flying and

Training School's hangar. of money handled, inim mire. the accounting considerably.

Kaustion of value for advance of mission that his clients had no

over preinlums under our auto- further cate to answer and attacked the prosecution witnesses' evidence.

Mr. Potter submitted that these mate non-forfeiture scheme, and Iwo points had been dealt with the advances made since 1911 He suid that the evidence of

written off gems. Ho Yau was

If by the Full Court, and he wu have to be contradictory. Yau in his evidence sult at helsel had not referred to or 'made

astonished that oppellant's coun- sürrenner values.

"Commission

1 $348.010 had given 820 to Cheng Sang on 1we occasion, the first on Februan mention of that Court's deci-higher than in 1947 wing to the

sion.

Increased renewal income, Arat my 27. Since Ho Yuu was dis-

He went on to any nissed by the Company on Feb-

that the year's commission being less than

Those who attended the meet- In 1947 In spile of ruther higher ruary 24, how could Ho You had legal consequences in these two made the payment

on February paints were entirely different from First Year premiums. Expenses Ing included Messrs, H. J. Arm- EIVIN

Dr. J. W. cach other.

Unc higher than previcus strong (Chairman),

(Director), "The first legal consequence is year but show a much improve. Anderson

I. W. Mr. Silva then dealt at length with the evidence of the prosecu- clear case of estoppel if you do ratte to the total premium in Showan (Director), E. R. Childe tion witnesses following which the not net, I say your duty to net: 19

(Managing Director), E. W. Wil- mott (Secretory), P. Nicholson, till today immediate. The time element has case. Was adjourned when Mr.. Silva will continue nothing to do with it. You des

Ll Fook-wo, R. V. Ledehofer, H. with his submission.

M. Parsons, A A Botelho, Kok- sany Woo (shareholders).

27.

NAVIGATION WARNING

Mr. Charles C. Warren, Can- ton Harbour Master, has issued the following nolice to ship- ping circles,

your legal rights being violated,

and it is your duty to act at once.

| If you don't, you are stopped.

The second consequence

Thete

#

13

arc

come.

Firo Claims "Fire Account premiums show mall Increase of $13,000.

Watchman Sentenced

For Larceny

of

Both planes are now "ground- worked" because they were not regts-

tered with the local authority. Their accuracy eliminates the However, Mr. Halls anticipated possibility mistakes which that, they will be flying above the often occur when hundreds of Colony within a short while uffer recounts are, dealt with it a day. their new owner has registered

They enable the accountant them here. to chook

and on his staff their accounts at may

moment

of the day and produce at

for the amounts of money handled by easy man cperating the machines.

these

THE Installation muthlinks. la great stap.forward

that the owner of the property Claims are heavier than in 1947. hhs a clear right of setion, as a The balance of the account, repre- result of the violation of his right vents nearly 53 per cent of the

about of property, and he can only be year's premiums, against divested of that right of action 40 per cent of the 1947 premiums only tmder the most special cle- with which the year was started. cumstances.

"There a satisfactory In-

Ju the story of rural development Ma Hing-ice allas Henry Cum-work in the Far East anul particu no suggestion of morntcrease In Aceldent Account pre- duty of any kimson the part of miums of $29,771 over 1947, and nings Melanes, described as an Incly Hong Kong. Farm Leing un- respondents," said Mr. Potter who the fact that cialis were only offspring of a Canadian father and able to use even att abacus or 10 argued that respondants were not $28,178, as compared with $49,- French mother pleaded guilty even make simplo calculations for estopped from auty right of ac- 215 in the previous year, shows before Mr. J. Wicka Kowloon

thethselves tho. New tiro on

Territories that the steps taken to improve Magistracy yesterday

Takmer. Kaas Uatifil the inventive underwriting, wore successful. counts of larceny.

gentus, which Ime, for ears, been satisfactory and

The No. 1 Harbour Notification of 1949, reads:

16. Is necessary to gain warn all officers in charge of the navi- | tiên. gation of vessels of any type After Mr. Potter had goted dat way within the Harbour from miferous authorities in up- Limits to conform strictly to the port of his contention, the Court requirements Idid down in Arti- | adjourniliä-unili, today, cla 19. of the Canton Harbour

regulations and to navigate their

vessois at, the slowest

speed

corti-

patible with the safety of much

vensis at all times avoiding ex-

cessive speed which renders fliðir |

wash. dangerous or causes doth-

BUS ROUTES

DIVERTED

Owing to the closure of a set-

re to bubys, wharves, pontoons, ton of Queen's Road, Central jetiles, ato, to other vessels and China Motorbus Company vehicles craft moored thereat and to pro- on routes Nos, 4, 6 and BA, Iravdi- perly laden native craft.

ling from Queen Mary Hospitel Failure to observe these rules and Kennedy Town, have been will render the offenders labla alverted through Jubilee Street to penalty.

Owners of property endangered or damaged by the wash of ver- sels proccoding at excessive speed should report auch enses with full

Buses on routes 5 and GA will continue along Des Voeux Rodd Central, and busca on No. 4 route will continub" down. Jubileo Bircot to the Vehicular Ferry terimus,

particular to this offer Harbour A temporary Lus_stop liga Hepif Master's Office, Custom House, installed outside On Lok Xuon Canton,

cafe, Des Voeux Road, Central.

MM FREIGHTER

IN DRYDOCK..

A Frønph freighter called hers

HARBOURT OPFENCES-

Five coxawatne ploaded

for the first Uma jîn her'illing to charge of“ hard

career to go, tato drydock yester

on: thewald

-Und, is the Mestugories- Mir)- Cour satrudn

Liner vessel Dr.- Angie, whier

wer formerly engaged in this on the dude

[3] min-TagmaƐrun

-- Te - 1,065-ion (freighter-Arrived on July 1 Auritu menj

Here in ballpst,

ا ما

of the Torbo

the fund carried forward repre-watchman on board the se: East-

"The result is

serts 63 per cent of the year's premiums, which more makes up for the small which had to be carried

The prosecution stated that defendant was employed as a

ern.Venture last month. He stolo than two cameras and € 83 cash fá a rum cabin of the first officer. to the

Defendant, told the Court that support of this account last year. he had pawned all his clothing.

Although Marine Account

Bunt and that he needed money to buy premitume were

considerably new clothes. tes than in 1947, due to the He was sentencbt to 10 months ralfing off in general trade in hard labour. In Imposing the seli- the latter part of 1948, the re-tence, Mr. Wicks old that uk- 'gall of this account excel-fendant took the opportunity of Jont, as ofalme work. #Imost being a guard on board the chip, negligible when recoveries are for purposes to lot, which was

of tho solòus firms

- txkań" Inio account. Commla-

ono

mlon várnéd is likpwlso less than | larceny.

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FOOD, FUEL COSTS

Food, kha fuel costs, complied by the

Labour Office, ended July

Nice and Flour, sattles... Verstable, 1.5 entfer

Balt Cabbage, 0.3 calty

Oil, 0.7 catty

Ten 0.2 eatly Salt Fish, 0.8 alty

Fish, G. calty Pork. 0,8 entry

Firewok 10 - cutsiga. Dean Curl, 14 pieces

Total

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والله مرة اته سيدة في الق اور ما بري علي في مهامه لاند مارد المدعم بلاده الباري دارد مي كرمه الف بود