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THE CHINA MÁIL, THURSDAY, JULY 7, 1949.

Appeal Against Judgment Made In Supreme Court

Personalia

Submissions that; mero silence did not empunt to a representation and that there had been no representation on the part of the respondents, were put forward af yesterday's resumed hearing of the appeal against the judgment of Sir Atholl MacGregor.

Departures for Muniin yester day by Hong Kong Airways in- chifed Mests, T.G.T. Birley, D.J. Thornson, W.S. Illogg,

RN. The Barnell." .A.M. Parlato, V. Kasemeuwan, Mrs. Soledad Fer- nandez Miss M. M. Argetsinger am Miss Loleng Quei

Departures from the Peninsula Hotel on Tuesday Included My and Mrs. M. Sunnujust, Mr. and Mrs. B.A. Mansell Ms. Sapp, Messrs. IX. Murphy, Mattan Lat Suri, T.D. Nettleton, M.P. Croset, J. Hawkes, K. Lockyer, P. Wong, CL. Shoppee and G. Stanford.

•

appeal is being heard by a Full Court com. prising Sir Leslie Gibson (Chief Justice), Mr. Justice Williams (Senior Puisne Judge) and Mr. Justice Scholes (Acting Puisne Judge).

The appellant, Fung Kai. sun, is represented by Mr. H. G. "Sheldob, KC and Mr. D. A. L. Wright, instructed by the Hon. Mr. M. M. Watson of Jolinson, Stokes and Mus- ter.

.

Mr. Eldon Potter, KC and the Among the new arrivals at the Hon. Mr. Leo d'Almada e Costro, Peninsula Hotel on Tuesday were KC instructed by Mr. D. L Mr. and Mrs. C.L. Rosch, Major Strellelt of Brutton & Co. are and Mis. D.H. Rouenzahn, Messts, representing the respondents,

E Bruce, EG. Way. Kaser-Chan Fl-hing and Chan Sik-fin suwan. 1. Prescote. A. Fonve. In the judgment against which

P.P. Singh, P.C. Chen, M. Miller.

Smith, and H.I.

G.E. Sking- Jedecker.

Mrx

100 appeal in being lodyed, Str Atholl MacGregor found that two) purported mortgages for $60,000 In respect of No. 300 Des Voeux Rond

Central, made in favour of the appellant were forgeries and It was also found that the appellant had no right or title to the property and rectification of following fortheuming the Land Olco register was or-

dered.

Mrs. M. Cohen,

D.E. Shoppe, Messrs. R. Leigh, and 7.B. Gibbons left for Jatin yes- terday by the ss. Antileális.

Th weddings have been announced:

MY.

Antonio, Jose Ernesto Shipping Assistant. Everett S.S. S'..

Mt Erida Bertha Garela, Stenographer, 41 King's Road

Sgt. Colin Raymond Webb, 1st Burts. Stanley Fort.

Miss and Patrie Margaret Shor, Nurse, Grey Lodge, Stanley Bay, Hong Kong.

Note-Issuing Power Of HK Banks

erefore null and vold und of no

Duty To Disclose

Garoufalia

Not To Run

Blockade RAF MAN AWARDED DFC BAR

A local report yesterday which indiculed that. the Panamaniu sicamer Garou falu would be, the first vessel to run the Chinese National i ist blockade Was officially

The London Gazelle yesterday denied by the agents, Wallem announced the immediate aword and Company, last evening.

of a bar to the Distinguished The 3,237-ton vessel cleared for Flying Cross to Flight Liduténunt North Koren yesterday in ballast K.H.F. Le ford, DSO and bar DFC with an all4foreign crew. obl of 16 Kirk of whom were locally recruited. London SE 18.

Lane. Plumstead When the Panamanian steamer

Flight Lieutenant Letford Wa arrived here from Durban last First Pilot and Captain of

the month site had a British officer,)

Sunderland

18 aircraft of No. four foreigners and 30 Astuties.

oflcini of, the Nor- Squadron based at Kai wegian shipping firm declared which carried out two landings that the Garoufallu was not cull-on the Yangtze River in support was re- of HMS Ainethyst. The first

A senior

Tak

The biggest squatter camp on the Mainland was cleared by Police, Health Officers and Publle Works De- partment coolies in the past few days. This is what the Tam Kung Road area at Kowloon City looks like today following the removal of the squatters and their luts—Francis Wu Photo.

Russian Dancer Gets

Goal For Larceny

D

Five months' hard fabour and expulsion was the

sentence imposed оп

Russian dancer, Vasily Mihailovitch Patroff, aged 30, by Mr. Blair-Korr at Kowloon yesterday when he was charged with larceny, larceny by trick and with two counts of breach of the immigra tion regulations.

authorities to support the conten- ported in a local newspaper yes. landing was carried out unove Defendant was charged with stealing $6 from a

which in

was specified.

he

cigarette store keeper at Peiho Street, Kow- loon, on June 24. On the same day, he stole $200 by trick from a shopping clerk at Salisbury Road, Kowloon. Detective Sub-Inspector J.

D. Brawn conducted the case for the prosecution.

District

sald

Russian Sentenced

Mr. Potter quated numerous Ing at Chinwangtae as

terday.

fully and it was not unli ton that mere silence Rid not The clearance of the

that Pana- engines had been stopped amount to a representation. Hananian vessel showed her destina-shore batteries opened up on the said that when there was a duty tion as North Koren, but no port alrecott and shells began to foll to disclose, deliberate Bitence

very clase. There was just time might become signlicant and

It was learned from a reliable to off-load a RAF Medical OM- amount to a representation.

suuree, however, that the Garou-cer and some Medical stores be- He said that the appellant in port before

falia would first' caif at a Chinese fore making a hurried takes

.visiting the North with shells falling dangerously the case which he quoted had re-

Korean ports. For safety reasons close. Another attempt was made mained silent and that the silhe asserted, the destination was the following day and this time ence was deliberately intended inde ambiguous.

accurate shelling and emioli arms to produce the effect

Wallem and Company gain are commenced ny the aircraft fact it produced, namely, the denied this report. leaving of the respondent }}} The Garoufalia arrived here for taxled towards Amethyst. Again imerance of

very quick take-off the drue

the first time on June 16 from made but not before some hits fnels so The note-issuing banks in

That no action might be taken Durban via Singapore with 0,430 had been sustained by the al- Hong Kong were empowered.

against appellant's wife. The tons of coal and 300 tons of craft, some members of the crew by a motion passed in Legislaappellant's abstention from speak-She was formerly the Sombolt, tive Council yesterday, to Ing in these circumstances seem tramping the Atlantic Ocean and very narrowly escaping injury continue to make, issue,

On a inter reconnaissance theed and he picked out defendant. ed to amount to a representation.

In command of the all-foreign while lying low but on all thes aircraft sustained further lita issue and circulate notes until

A shipping clerk Lau Sze-chly,

A Russian. Vassily Bogomolov. and including July 12, 1950, was a duty to speak in the pre-

Mr. Polter denied that there personnel is Mr. S. Somanas.

of the Hong Kong Stevedore aged 27, was sentenced to four The motion was put to Council sent case and said that there was

pccasions it was flown safely back Company of Salisbury Road, testi- months lurd Intour by Mn F 10 base.

Central yester. fed that on Throughout by the Financial Secretary. Mr.

the action F/L working in

June 24, he was X. d'Almada at

He had

counts of entering Lettori displayed airmanship five sub atles atinebed to a pile the Colony without a permit and the highest order and was a con

of

papers on the without a valid document und documentary inspiration to his crow. desk. There was at that time un-two county of simple forceny, During the war Flight Lleu- other employee. Leung

Banks

re-

save

C. G. S. Fellows, who said under evidence, on which the Court section of the Nate-issue

could find that the intention of --- Extension of Powers Or-

respondient: dinance 1930, the banks were al-Chan Chun-wah from the mort- lowed to continue to make, issue, re-issue and circulate notes up tal and including July 12, 1948, but!

Jongee.

The question

1305, cald

Mr.

the

the

by resolution of the Legislative, Potter, whether the Greenwood Council, these powers could beure established a duly in

PALSAM case. extended for any period not ex- ceeding 12 months at a time. A 12-month extension was approved by Council on June 30, 1948, and it was now necessary to ask for Approval was given to the motion after it bad been seconded by the Colonial Secretary, Mr. J. M. Nicoll.

another extension,

CUSTOMER IS NOT ALWAYS RIGHT

Bir, Potter declared that legal right of the respondents to property had been invaded with- out knowledge or consent. The respondents had invested in them a right of action, a legal right to recover the property.

Answering question by Sir Leslie Gibson, Mr. Potter sald tint a legal right could be lost by estoppel and then went on to quote the cases in which such | right might be lost by estoppel, Unreasonable Attitude

Dealing with the judgment of

Atholl MatGreger,

That the customer is always right is not without its truth.

An argument over the price of pork, resulting in a seuffle, had ita sequel nt Centrul yesterday whon Sir

Indian Ocean.

Evidence Of Witness Attacked

Mr. Wright-Nooth, Superintendent of Polke, that on June 27, an identification Police Station in connection with parade was held at Shughulpo

ease of larceny by trick at 13- 16 Salisbury Rout on Juno- Witness Lau Sze-chiu was call-

FERE

tenant Letford carried out 97 operational sorties, was a viem -

chugh, in the cffice.

and

Wan-

To Prison

DSI J. Howlett told the court

ber of the famous Pathfinder Lay was rather busy at that that on Sunday night defenlan! Group Mr. M. A. da Silva spent

and was awarded the tinie, working out shipping pu- stopped a taxi, and get in. He DBO and bar

Suddenly asked the driver to change a pery for the cashier, the DFC. yesterday afternoon in attack-

He holds a permanent crimis- he heard someone speak to him US$5 note. The rate of exchange ing the evidence of Anthonysion in the RAF and whilst st

shoulder. He over his

turned

was discussed and agreed on. round and saw defendant told Chan, one of the prosecution tioned in the Far East has flown witnesses in

the Tramway 30 times to Japan besides other $100' bank note in his hand. sent then decided not to

Case before Mr. F. X. WAI- } trips to Okinawa, Manila, Bor- nco, Jesselton, Kuching, Sarawak, mada at Central.

The case involves 14 Inspectors and Malays. and a conductor. They are charged with conspiracy to defraud the Tramway Company by allowing the resale of old and used tickots.

Kai Tak

Topics

Mrsecution opening of the case. Colony

returned to the yesterday. after

the money and offer the Wities went on to say that driver had handed the US$5 to told defendant that he was defendant he found that he was aut a money changer, and that $10 short.

he

he should go to

Star Ferry to changed.

the pile of papers which

on the desk,

an! inslofed

in

the meantime, defendant

The driver

the and on the

an Amal, Lea Sung, alleged that { d'Almada said that it had been nothing was said of group 384 hurrled hop to Swatoi and the money, back on the desk. same night victimised the taxi

the entrance of

The next night defendant dki get his money Defendant

the same trick with another taxi pointed

was driver, and got away with $20; that Mr. J. McNeill and Mr. J.

Lau should give him the change drove his taxi around trying to of the first laxt Clifford Instructed by Mr. P. A. L. Vine conducted the case for tho prosecution while Mr. Silva is

picked up the pile, took out the locate defendant, go eventually was attached to found him. The police were in- money, which representing 11 of the Inspectors and Mr. P. C. Woo the other

Mr. Harvey Hancock and the papers and counted the bank formed and defendant arrested. three.

Mr. Jerry

PAA notes Aftet being sated that Defendent O'Donnell,

JEL arrived Mr. Silva sald that in the pro- exécutives,

there was no amall change, he put Colony on Sunday the pile of paper, together with she was assaulted by a woman suggested in the present Court but when Anthony Chan gave

Witness then showed defendant driver. unlicensed pork hawker, Wong ond in the Court below that res-evidence, group 304 WOS men- Amoy immediately following out to the door and pointed out

pondents were unreasonable Intioned.

Defendunt said that his family the press conference on Tues-o him where he could get the is in Canton arid asked to bu refusing to be confronted by the The prosecution witnesses day morning.

change.

Fent identifiers of

back, to Jofy them. Her the persons who Cheng Sung and Ho Huu had fall-

It was revealed in the press con-

witness returned to his executed the important denda. ed, he claimed, as their evidence forence by Mr. Hancock that Pan

the time" which, the offener, wIH It must be burne in mind, suid

count, his money. Witness Mr. d'Almada, that it was quite lies. After that Cheng Sang come be substantially increased with counted and found tint two $100 nuance of drink.

committed he was under the clear from the

correspondence out with a new squeeze, namely the plunged new Hong Kong-notes were missing. He went but thut so far as respondents were group 304.

Landon direct flight, to begin, on to the door to trace defendant but The US$5 found on defepint then reminded the October 1. concerned, they were not unwlij- Mr. Silva

was ordered to be given bageto ing be Pleading guilty, defendant was identifiers. The respondents were Anthony Chan and the reply he survey of the Alaska-Pacife arean Identification parade in which at the expiration of his sentence

confronted by the court of the cross-examination of fined $10 a ordared to pay advised agukist that course by got was either "I can't remem~'. PAN HIV, as yét, nb.operations to alge wicked out defendant from

Mr. Hancockc is on an official could not find him.

On June 27, witness attended the two taxi drivers. Defendant

Енторсаль

were lined up

is to be deported.

Wur

Complainant said that she was marketing at Central Street when she had a dispute with defendant over the price of pork. Defendant, ahe raid, asanulted her atul pushed her to the ground. Her heal hit something hard on the ground and ur«nined injury,

wus contradictory and a pack of American's local organisation will him to fok! Leung reminder would not return; he uk. A

$100 coinpennation to complainant.

their legal advisers.

the

Continuing. Mr. d'Almada said

ber" or "I don't know.”

The caso

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Lou. behind The three American army por- Wong Chau-yau, a shop rasis ronne). Captain 1. H. Patrick, tant of the Po Hang Cigarette

A fine of $1,500 was imposed on Captain. McChristian and Lieu Store of Cheung Sha Wan Road, Lee Chi, aged 33. shopkeeper, by tenant Howard Larsch, who pick- evidence, said that at about "4

起

Mr. F. X. d'Almada at Central Six Monthsed Hong Kong for their two

p.m. on June 24, defendant came yesterday for the possession of weeks' Vacation, ended it all ye to his shop and bought a package 100 heroin pills.. tertiny when they boarded the of elgaraltes. Wong gave him a PAA, returning to their base and package and defendant handed Defentiant wow arrested Un

was adjourned til at the time of the corres- today when Mr. Silva will con- pondence it was not known how tinue with his submission. the fraud had beca perpetrated. There might have been other persons involved, for example. the soliciters

clerks who

It was in therefore, that their own protection, res- pondents were advised to nace

octed as

these

And

to the suggestion or request uloyg tile lines of an identification parade.

For Stealing

At Stanley

For stealing a radio set, a

work in Gulim. With Die Gl's were thinly wives'

a Ave dollar noté. Wong June 22 in Des Voeux Road Con- then unlocked his cash drawer trat with the pills in his posses- Another group of school child to get the change, and while hesion.

to change was just taking: ren were at the altport yesterday

the morning. This time they Way pupils of the Maryknoll: Convert

ende ense with regard to imper- articles, Lau Chi-wan, aged School. Like the DGS girl waved,

The whole clifier, of the de- typewriter, clothing and other Bontion and Imposture must 10,

WBS sentenced to

six

PLASTIC TOYS

1

'defendant Defendant was repesenied by lits

hunde

Sing that Mr. A. el Arculli, who pleaded dut not want to

guilty on, his behalf. have been based on statements months by Mr. F. X. d'Almada all round the airfield Inndetin Jack.

Maryknoll pupils were conducted surdites, and asked for the $6 made by the solicitors

Delendnat, handed bark the clerks, the mortgage did not breause

of Central yesterday.

the workings of Kal Tak and suckage of cigarettes to Winess kubw`o' thing 'abbut it.

DSI Cochrane, prosecuting, sald flight schedules.” These

who turned round and put the package back in the show care Clerks were "persons who were tant defendant come from Shang-

Two CAT planes carried another At that time, the cash drawer Plastic Wall Flacques and Jingle prepared to back their idential and had been with the Aimp

le big haul of silver currency, from was sill neation at the line of the execu- lean forces for five years.

Is "Chico' to the Hong Kong to Canton, Chartered was known

to Toys to decorate Baby's Room: When. Wong turned back tion of the mortgage deeds to the American forces and came to the by the Central Back of China, his drawer, he found that six $1. extent that the true owners, lie Colony with an American trans- each plane carried some 60 cases indies were mining, Th the incun-

Pink or Blue Elephants! respondents in this case, were

with $50,000 in each of them, Wong, inve chase port.

me, defendant started to walk Ducky, Piggy Miskey Mouse, Impostors

Arrangements were made to now bank notes.

and Mc. d'Almada sald that the end defendant

away.. to (America but! strictures passed by

eventually lefendant was arrest-Hooking Harne the Lord

Mr. Ho Sze-ll, Director of the led by a policeman. Chlef Justice Sir Atholl Mac was found to be impossible.

ord owing to passport difcuttles this

Combined Service Headquarters

Little Jack Horner, Little the Defendant denied

twe

Miss Muffet, Mary, Mary Quite Gregor on the solicitors, clerks

Defendant was, however, given arrived here from Canton rester counts of larceny and mild that mudo the. Identification US$60 after his services were day. Dy PAA another Chinesen did not went so from Woug

Contrary, Jack De Nimble, etc. Were in every respect warranted, terminated.

oficial, General Ting Ton-yung, He merely wanted to get his, 30 children's Evim suite and trunka. Mr. d'Almada Baid that the

On June 3, defendant was given Commanding-General of Marine back, and he table it by mistike. Litite Royal Blue Jeans course whoped by the respon- job by Mr. Saunders at Stanley se vupplies, passed through and the ciderette feki aku not kiye

was by the Defendant stole from sm of the Judgment and that the suggestion ployér.

Colony ent his way to Carlos,

Wide

otc:

THE EVERGREEN

Toy watches.Bride Oolte denied that he lind neapitafi Bercheushlabs of an utterfór "mollyo find÷béen After the theft defendant went dibposed of by Buch tơ thủ Ting. Woly Hospital, and

Suslo the Kal Tak cat has ever seen the shipping clerk Lau, white baby, anges," minu̸jį glaço there was given help wis been conspicuously absent the lust belotes Mr. d'Almada hai muute repatriated Shanghal itu day Affor hiring, the, turtles, Pepipálost to kumfort fornutes, by shelf, ut ferned that Augi, rink we to Cusco ble" contention jar there a contatt) was brought then be que be vuderlag from worms and had zeer book to the

TA Und the Colony.

She look has done of worm your Colony 11e had a brother, and "Proient caso,” höring "wynd* _rict=j The value of the goods stolen der given by WOW, Chenhut not twalsisters in Cariton, and land "toured" imtii Codity

pro retallven In Dio Cylonjeni |too" willing "tvan^800%"

100 Mathích Road, Howldont