1949-08-27 — Page 3

H

Fishermen On Strike; Present Three Demands

Fileen mechanised Tiu Tien fishing, junks are strika-bound at Shopkiwan and till late, last night the difference; botwein: some 200, fish- ermen and the owners of the craft, were at a deadlock.

*

The fishermen who operate the two-masted, long- liners which bring in a mojor part of the Colony's sea food, walked out on Tuesday when the owners refused, to accede to their three-point demands

costs.

lice of "hosters"

The Doral arrangements be. tween the Owners and the hired. Arbermen were that sides food and lodging, mud some month pocket money, the fishermen -e- ceived commission on the profts

of the catch.

to

reduce operation

snappers.

The junks motor as far as 20% miles from the base

which

usually at Shaukiwon.

Since the mechanisation of Tia Tiens the catch has improved.

Extortion Note To B And S

Pirates have on another ex- tortion note to Bulterteld and Swire, demanding money for the safe conduct of the company's ships routed to Canton,

An official of the company said yesterday that their Canton office had turned the nole over police.

In logitimate trade.

to

THE CHINA MAIL, SATURDAY, August 27, 1949.

1

Judge Dismisses Plaintiff's Action In Will Dispute

Reminders

Today

Katrinan Gramophone

Society.

classical moncert, Diocesan Boys' School, 8.15 pm.. European YMCA, swimming pic- nie at Silverstrand Beach, 2.30 p.m.

Paintings Exhibitlan, Hotel Cecil,

10 a.m.

Coming, Events,

Holding that in his opinion marriage by co-habita- tion is not altablished, Sir Leslie Gibson, Chief Justica, yesterday dismissed, an action with costs, invölking, o.dispute over an estate, Plaintiff, Yan Nul-oi, a na- ¡date. When it became apparent tive of Kam Ti-kong Village, in cross-examination that the de- Kwangtung Province, claimed fendants were, in a position 10 Tec H Classical Concert, 59, Mac- prove that the deceased was still she married deceased-who in Canada on that date, these wit- who was then a widower-as neases changed thelf stary and a result of which, he revoked put the year of the marriage so the will he had made in 1934. Mr. Bernacchi had ng al favour of the son and daugh• | jernative but to amond Bis plead- ter of his dead wife.

inge

TOMORROW

donnell Road, 8.45 p.nl. European YMCA swimining pte-

nle, nt Silverstrand 2.30 p.m.

Beach,

Special Service to commemonte British Fleet entry into Hang Kong Harbour in 1915, St. John's Cathedral, 14 15 a.19

Art Club, sketching Class members to, assemble, nj Queen's Fier, 30 p.m. (fari ther information from Mr. Nabbins, Tel: 30709).

The fishermen claim that the thirds of the personnel, as many. owners should bear the ex- as. 50 nboard encli vessel, fish penses incurred in fuel for the from the dinghies by long lines,

Each Junk can carry from 1,000 engines, minor transportation charges to expedite delivery toto 2,000 lb of ice to preserve the

He added: "Wo never have, catch, which normally consists of and never will acende to de the wholesale market, and the

"Mr. McNell, for the defend- The son and daughter. In ques- garoupas, rebreamsmands of pirate da for deep sea yellow threads and deep-sea red safe conduer of our strips Encaged wood the marriage of plaintiff to front but I have come to the cons

the tion, William Woo and. Daisyants, pressed upon me the đêm-mc

defendants, Aging effect of this change of Woo, who were the

"During the

past two years, their father. Alternatively ther clusion that is by no means pirates have sent our company claim that if there was a marri- falab to the plaintiff's care. It is |---

the evidence of the first defend- more than dozen such extortion age, the will was not revoked. notes, and we have always adopt-

"Giving his decision, the Chie!

ant that the plaintiff came to the same prore ture of hand- Justice elated parti

Hong Kong In March or April," The plaintiff in this action, 1034 The plaintiff and her wit-to Hong Kong to act as his ser- Ing the notes over to the police Yat Nuisti, is a hative of Kam ness is live thought that this vant and at all times remained a

The R8. Wusuch, a Butterfield

They servant. and Swire river stoamer which! Ti og Village in the Yan Ping event took place in 1933.

ich District of Kwangtung. The de- runs to Canton, was last week fendants, William and Daisy Woo, armed with two machine guns

are executora named in a will more than 15 repeating rifles and marle in Canada in 1932 by one Bumerous small arms for proter-Woo Chong, allas Wan Chong tion against pirate attacks. Keo, alins Woo Teun Nin to whom

An officer on board the Wusuch I shall refer as 'the deceased, saki that their ship was

"The deceased was a native of forced to travel inore than miles through pirate waters in Ping District. He emigrated the Pearl River, blacked out.

Canuda soma 30 or 40 years ago. He added that their only fear from pirates now was the danger

High operation costs have re- dured the profits, the Bahermen claimed.

Meeting Held

A meeting was held yesterday. at the Baber Offer between the

i presentatives of the strikers- Shrukiwan Fishermen's Guild-

The restal was und the owTIONS, not available at the time of go- ing to press.

It is understel, however, thn the situation is still at a deadlock,

The striking laternen, mean while, are being maintainer by The Guild,

The Tu Tien feet bring la o per cent of supply.

Heug Kong's Dah

Funeral

MR. GEORGE FOWLER

re-

Mr. George Fowler, local silent for many years who died on Thursday at the Queen Mary Hospital, was buried al the Colo- tiinl Cemetery, Happy Valley, yesterday,

St. John's Cathedral before

A funeral service was held at

the Interment. The service was con- ducted by Dean Rose.

Mr. Fowlor la survived by his widow, three daughters, Mra, M. Wheeler, Mrs. G.C. Dudley, and are altogether 68 of his Mrs. 11.S. Martin, and three sons, type operating on lent waters-Messrs. F.A. Fowler, S.A. Fowler only 24 ure mechanised.

There

Three mechanised Tin Tieps are still operating fail, it is understoo:1 will accept any resulting rondl- tions from the stelky,

Six are all out at sea. It in feared

will they Kirikers

Join the their Arrival here should the strike hold out.

an

The Tiu Tien eperates as th

mether shit of the fleet, She cur-

rles from Bve to 10 dinghies. The

and E. Fowler.

of mines.

how

REQUISITIONING

20

Quartering

The Government Authority has requiione No. 732. King's From, a New Factory Building, for the Military.

Telephone Co. Action In Withholding Accounts Challenged At Meeting

fishermen. who comprise two Mr. P. Loureiro, shareholder in the Hong Kong

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CHINESE ORTICAL

Telephone Company, Limited, yesterday dis- agreed with the decision of the company's Board of Directors in withholding presenta- tion of the Balance Sheet and Profit and Loss Account for the year ended December 31 last. He said that it is only fair that shareholders should have some indication of the working of the company and the standing of its books.

not

walting list of

now agree, that it took place in "I am of the opinion that, the 1934.

ceremony dis alleged marriage "But the

point is that, they not take place and that the that the marringe took plaintif war engaged as, a servant place immedintelly before the und rer

remained

The a servant, plaintiff, came to Hong Kong. In deceased was old, and blind and other words they fix the date of was afraid of being kidnapped if the marriage by reference, to the he

Kong Wui Village, also in Yandate the rìamíft came to long went to China. If he had want-

10

but came to Hong Kong in De- cember 1933 and died in Hong Kong in May, 1945, The defend- ants are the son and doughter of the deceased by Leung Sil. who died in Canada In May, 1932,

his wile Woo

Kong, and the fact that she came to Hong Kong and the date of ber coming are now common ground.

"This

This. contratemps shows that the plaintiff and, her wit new put their heads together to arrive at a wrong conclusion an to the year of the marriant and that the plaintiff was pre-

to bolster up her con- Aared to clusion, when she thought was, the right one, but I do not think. it: goos further."

| ed to marry giri. from his native district. It is improbable that he would have travelled, to China for the purpose. He could have married more convenienfly

Ihre Kung

it likely that the decensed, whe was a Christian, and who had grown used to the Canadian style of living. would have wished to Felect as a wife a woman from

"Plaintiff claims that she is the rled him in his village in China wife of the deceased, hoving mar-. shortly after his return to Hong

the village who was not a Christian end who knew only the Kong. She maintains that his

peasant life of the village 1 will was revoked by the marri-

at dia time in story as put forward in the quesion, the deceased retained als Administration to his estate. amended ploading, Sir Leslie Crnadian domicile.

"Defendants deny the marriage stated that it was that the

de- and claim alternatively that, if ceased

age and she asks for Letters of inculing briefly with the plain- have held that,

there was

soon

after

a marriage, the will Hong Kong, caused turn to Hardly A Wifo's Action was not thereby revoked. They known that he wanted to mairy it to be ask for Probate of n sealed and

"If plaintiff was decensee's wife, certified copy of the will.

a girl from his own listrict in why did she go to China in 1042. Chinu. A marriage between him-loving his daughter, the second self and the plaintiff was ar- defendant, to look after him ranged through n go-between, The explanation that foods w and-In due course the intiff shert mode,

1s not crough. and her the ceremonial from her village to his and the time honoured marriage com

monies took place in bis family

Deceased's Domicile

Bir Leslia went on to say that the issues of fact which arise were whether the plaintif did in fact became the wife of the deceased, and, if so, what

was deceased's domicile at, the time of the marriage.

At yesterday's annual meet | There is still ing of Shareholders, the Direc-about-5,000. tors did not present the Bal- The increase in revenue from the question of marriage. once Sheet and Proßt Loss Account for last year. The statement of account is being delayed pending the re-

question of an increase rates.

in

when the accounts will be pre-

rd

house on March 17, 1834.

Moved To Hong Kong

She and her husband. left a few days later for Hong Kong where they lived together os man and wife. She was introduced by defendants. By gederal reputation, the deceased as his wife to the

Lho and deceased were husband and wife. She fore deccused tivo

cons.

to

scue fact that no valid cero-

was hardly that of a

mony of marriage is established does not prevent, the possiblity of a marriage being established by co-habitation and repule." Sir Lealle then went on to deal at length with the application of thei subjects concerned:

were

Mr. Bernacchi, he recalled, for the plaintin, had asked him to make a finding also as, to decens- ed's domicile at the time of his

He then went on to remark death.. Sir Leslie said he did not

that in, his opinion the story, propose to decide the question of

told

by th

the defence witnesses domicile frst because the domicil- iary intentions of the deceased

is substantially correct. Bug- gestione

made against may clearly have a bearing on

undua in- them of bribery. and additional lines does not and will

fluence, etc., but they were not "It is common ground that the off-set the Increase in ex-deceased's domicile of: origin was

aubstantiated. penses and the average new tele-China," the Chief Justice continu- fusive continued, because of the fence in his opinion was strongly

In May or June, 1942, the Chier | The

The balance of the whole evid- phone requires much more capital ed.

"There is evidence that he chertage of food ln, Hong, sult of the arbitration on the than did the old, said the Chair- | abandoned his Chinese domicile she took her children to China plaintiff and the deceased intend- against the conclusion that the man. He added: "As I have al- of origin in favour of a domicile and sayed in deceased's villaged their relationship to be that of ready indicated, we are hoping of choice in Canada. to be allowed

After some tu months the relym- man and fe, the Chief Justice Asked for an indication as to ubscription rates, but this is not to Hong Kong In December 1031 edito Hong Kong because she had declared. He added. that he was

to increase our "The reason given for his visit sented, the Chairman, Mr. D.H. sumelent and it is of vital im- is that he suffered from glaucoma, heard deccared might be return of the opinion that marriage by co-habitation and reputo was not portance that the Blake, said that it will be pre phone Ordinance which is in some blind, and that he had been med-

present tele- which had made him practically

Po present when, de-established. died. sented as soon as the arbitration respects obsolete, may be amend- cially advised to seek the benefits

On his deati-Led. "It follows that the plaintiff's is concluded.

dismissed with He agreed with Mr. Loureiro for the benefit of the Govern that might accrue from a milder deceared asked the second de-claim must be

fendant to see that plaintiff was costs but in giving this decision, that this is vague but added that ment, the Public and the Com-climate than that of Canada,

I would remind, the defendants maintained and given $300 per "On these facts, Mr. Bernacchi pany Negotiations with this ob- because of the. arbitration not

contended that the deceased, must month for expenses in addition, that, on the clear evidence given being concluded the Directors doject in view are in progress.

have abandoned all intention of and that her one were to be before me, the deceased was the not feel themselves in a position Increase Of Capital

returning to Canada, but I have educated at a University,

father of the two sons the plain- to present completed accounts "An Increase of revenue will come to the conclusion that that

"After with recommendation as to the not balance. the Company's was not the position when he plaintiff husband's death, the titt bore. That is why the de- continued to live in his ceased, recognising his obligations distribution of profita ai this Snances and at the earliest possi- first came to Hong Kong. There house, being paid a small monthly in his life-time, provided, always time.

ble moment your Board will pre- is no evidence that he was adam by the second defendant, Sit for the plaintiff and her children Mr. Loureiro saldi sharcholders sent to the Members a scheme vised never to return to Canada Les'le went on. She consulica and gave them somewhere to are legally entitled to know how for the increase of the capital in any circumstances, and the evi-splicliers with, a, view, to, bringing live the books of their company stand, which is at present standing at dence is that he always intended this action, u October, 1947, be think that there are obligations "I say this because they may to return. He suggcated that some" Indica- the low figure of HK$7,500,000.

cause she did not have enough which are stronger than the fel tion be given to shareholders' as

"Quite clearly he had no inten- money to live on." "Early this year it

became

ter of the law-string enough tion of ever reviving his Chinese to the working of the company necessary

Company to domicile of origin. for the

"The defendants He had no during last year.

purchase Exchange Building, now

nemary) to re-named Telephone Hours at a appetite for the austerity of life the deceased never went to China ecause they are owed to their in ́his native village and it is at all after his return, to Hong prevail. even, over the shock of dost of $0,000,000. Apart from the fact that it would be an al-common to witnesses on both hong and that he never married this unjust action in the Cours

sides that he was afraid of being the plaintiff. The deceased spoke

As to the question of the coun- mast impossible task to remove kidnapped if he went to China. I very litle Cuntonase, and wanted terclaim, the Chief Justice staled or "reconstruct the Central Ex-think then that, for some years a servant who spoke his native that as the action was framed, change of 13,000 lines in another after he came to Hong Kong, he dialect to look after him, The be was not prepared to grimi In his annual report, the Chair- building, it is the proper thing retained his. Canadian domiclie. plaintiff, they further clalin, camel probate in solema form of law. man sald that since the re-occu- for a Puplic Utility to own the “But his stay. In. Hang. Kang. tation of the Colony, reference building in which the majority of did not see any improvement in has, been made from the Charito its plant and offices are located. his condition, "and ́I-think" that the. Increased cost of operating The purchase was, financed by the at some time before his death, he had decided to liva, parinan. system and to the necessity Company's Bankers. for, increased rates.

ently in Hong Kong and be- come domiciled. hare. Question Of Marriage

The Chairman said that he will discuss the point with the Direc- lors later.

The

increased Cost

"Your Directors have been in constant negotiation with the Government Ito try and obtain suitable increases and early this year it was decided to submit the Gestion to al

to arbitration;

There

Tlibre, Is, as you know, un alleged black market in tele-

| phones in Hong Kong due to

the current ashortage. effort, is made to check the

Every

pending, em telare, null || such ́ transfers, must ocour un." unpleasant

many vital mar

hoped that

legal transfer of telephones. "I turn now to the question, of-|| but Inevitabis that some marriage. The controversy is an one because quite Toss the

efullest co-oparation of clearly there has been perpury on the public is blven. Unfor one side or the other. The plain- tunately, this co-operation it mar

inarried to deceased not always forthcoming.

""tiff's case

wng that she Was on, the

a conclusion of them is in sight. The actual points submitted to the arbitrators are only one at

3rd day of the 2nd moon In 1933: vitel: matters that are be- would again ask the public This date she confirmed in her. Ing.considered. by the Company to report to

•

to the Management any evidence and she Oxed it not and the Government.

Indication of illegal trafficking in merely from general recollection. "Until answers to these quer- telephones. Any such information' but also by reference to the period, tions have been arrived at, your will at once be investigated." which clapsed' between the date Directors canna place a n Balance Among the Directors at the of the marriage and the date on the distribution of profits before W. Turnier, HR. M. Cleland, "Her principal wliness Wog. Members, in General

al Meeling I

1.A. Stewart and Sholson: Chow. Fung-ahi,, also

Sheet and recommendations for meeting, weird Mestre E.H. Hill, which she gave birth to a don,

can assure you that so, soon as

the Directors are in a position to

do

so,

Why will call

Gericcal Meeting 41

a. Front And Loss Account

and Balance Bhoot will be,sub- mitted a side the Chalizzan..

He added that she company.

and

1200direct.

confirmed this

PASTILLE

VALDA

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