1949-11-04 — Page 3

Page

-THE CHINA MAIL, "FRIDAY, NOVEMBER 4, 1949.

Claim Case Decided In Favour of Defendant

Reminders

Today

European YMCA women's see-

Lion Club Morning, 10 am. Farewell Gain of the Season,

European YMCA. Beating the Retreat, Hoar Kong

Cricket Club, 5.15 am. Sino-British Club Literary Group, debate on "The Press". Cosmo

Club. 6 p..

HK Light Orchestra rehearsal, St. John's Cathedral hall, 6.45 p.m.

کر

Coming Events

TOMORROW

The action for a claim of more than $1,400,000 failed yesterday at the Supreme Court, when Mr. Justice Williams, senior Puisne Judge, delivered a 54-page judgment in favour of the defendant.

Plaintiff, A. V. White, of 3 College Road, was awarded two-thirds the costs of the action, which had extended for a period of 14 hear- ings altogether.

Mr. Williams ruled that the tention. After going through the contracts in exchange concern- latter. the senior Puisne Judge ed were illegal by the law of sald he held that he ought not China, and that consequently to inquire into the validity of the the money owing by defendant August Regulations. His decision to plaintiff was irrecoverable basis that they are valid.

must therefore proceed an the under that law.

¦.” Mr. Leo d'Almada, KC, and Mr.

Conflict Of Evidence

D. AL Wright, instructed by After passing through the Mr. M. A da Silva, appeared on evidence by Mr. James Man Lee behalf of the plaintiff."

for the plaintiff, and Mr. Hing-

F. C. Roberts, of 98 Robinson yun Lee and Mr. P. L. Lanı da Rond, was represented by Mr. H. the defendant

side, in

in relation Guy Fawkes Fair, at St. Andrew's G. Sheldon, KC, and M. A. 7. to Chinese law, Mr. Williams said Church grounds, opening rere-Clifford, on the instructions of there was a direct conflict--be- mony at 3 p..

Sir Man-kam Lo

tween the opinions expressed by Repulse Bay Hotel Dinner & Daner | Both White and Roberts-for-the expert witnesses on both (South Staffordshire Regimen-merly, doing business in Shanghai tides as the validity of the tal Band) 8 p.m. to midnight are related by marriage.

August Regulations. Plaintiff claimed from defen-

This Court is being asked to dant the return of $1,409,649.79 rule as invalid regulations, the Kowloon Gramophone Society. money alleged to have been validity, of which has not been

received by defendant from plain questioned in

SATURDAY

classical recital, Diocesan Boy's School, 2.15 p.m. Opening of Ling Yuet Sin In- fants Hospital, 54, Pukfulam

Road, 5 p

SUNDAY

Toe H Classical concert, 50, Mac...

donell Road. 8.30 p.m.

Armehair

The GOC-in-C, Lleutenant-General Sir E. C. Robert Mantergh, shown. Inspecting the ranks. of the Hong Kong Chinese Training Unit during yesterday's Passing Out Parade at Lyzmon Bar- racks. ("China Mail" Photo).

GOC-In-C Inspects

Heavy Traffic

Chinese Training Unit On Railway

tift in Shanghai during transic-he pointed Chinese Court." The GOC-in-C, Lieutenant-General Sir E. C. Robert

Leave was given during the hearing to

this figure. White

claimed alternatively

out He added that tions in exchange. When the ache accepted the opinion that the Mansergh, inspected the Hong Kong Chinese

on came on for trial, the aneunt directive address to the Executive

Training Unit at, Lyemun Barracks yesterday. claimed was $900,748.15.

Yuan

and organs under its con trol was sufficient authority to He told the 135 Chinese recruits, who had just it to

1 pass the August Regula- FORS

Had it, therefore, been t

completed 16 weeks training, that they had 5656.036.50 25 s damages for brea-necessary to decide on their vali

given a smart and soldierly parade. ches of 12 contracts made bety, I would have ruled they Europea YMCA

Five of the new recruits-one tween tween November 1947 and Janu-were valid"

"Your conduct. discipline. ry 1945.

Turning to the question as to from each The contracts were Group, talk on "Christianity alleged to have been partly in whether the contracts in ques- swagger cane and new uniform these

platoon-received a obedience and your Joyalty-a!! in a Changing World" by the

essential qualities Rev. Mr. Philip D. Dutton, writing and were briefly for the lion were made illegal by these for being judged the best recruits soldier-must be maintained. 8.30 p.m.

payment by defendant of agreed regulations. Mr. Williams said in their platcons St. Andrew's Church Remembrances in the United States, Unit- that in weighing up the points.

Private Henry Wong, judged Service, 11 m. collection in in return of payments by plain-

ed Kingdom, and

in Hong Kong for and against the contention of

Roberta that these transactions the best recruit in the Company aid of Par Haig Fund),

ti in Shanghai of Chinese Na were thus illegal, being breaches received a silver shield. itional Currency.

of the August Regulations, he was

General Mansergh told the men fully satisfed that the defendant has discharged the onus which that their bearing was exceeding- lies on him.

ly good, and that their turnout "The transactions being then was of a very high order. legal

under Chinese law, is plaintif

On parade with the recruits was nulled

to recover inthe Band of the 3rd Commando. Chinese law and our law either Brigade, Royal Marines. defence admitted las damages for he was in partnership with Bae-

breach of contract ten from September

or by way of action for money?” 1946 10 Mr. Williams declared March 1947, but this was in an I

agree with the submission of business and

.counsel for

Guy Fawkes

Fair

A Guy Fawkes Fair will be held at St. Andrew's Church

at 3 p.m.

There will be stalls with made cakes and sweets. garments,

home- | knitted

Defence Argument White clabred further that the contracts were made between! plaintiff on the one hand and the Arm of defendant and one Bae- ten on the other.

Roberts in

the

With Baeten, Roberts claimed.

the

the defence that

enforce them

grounds tomorrow. It will be import and

and export formally opened by Mrs. is general commercial agents these contracts being illegal by Brownfeld wife of Com-But that partnership was later the law of China, this Court ought modore 1. N. Brownfield, RN, dissolved. During

relevant to do nothing to period he was not in partnership both on the grounds of public Defendant contended that the sions of article a sex to provi

8 section contracts in question were per- dress delis, Chinese konally made

Bretton Woods Agree by plaintiff with embroidery, plants gifts and rum Baeten,

iments" he concluded.. and that he had. mare.

knowledge of it nor did he bee-his claim

“I hold that plaintif "falls. in sideshows

will include therefrom. Bacten had no au for the defendant."

and I give judgment Guides Country dancing. Cinema,thority to enter into contracts pony rides, lucke dip, breeches buoy and slippery slide for child- ren, and..many games of skill, In- ng ride range, and cocoanut

for adults.

The

There will be a tine tots play corner where mothers can leave their wee ones, under the experi care of Mrs. Stewart, headmistress of Royden House, kindergarten.

You will be able to hear your volee on a wire-recorder ind-

OWD

ly int for the occasion br Reise Bradley, an

and you will be able to refresh yourselves with Watson's cold

ice creams, or teas in the Vicarage.

The Band of the Commando, Royal Marines, will be in atter dance, also Pipers and Dancers of the 1st Battalion King's Own Scottish Borderers.

There is to be a grand fireworks display and the burning of the Goy at dusk. followed by a social and dance in the Church Hall at

8.30 p.m

LIBBEY GLASS

These

ever popular and Rich looking glasses are here again in Hostess sets or individual pieces.

tumblers

binding him.

20

Roberts alternatively claimed

the transactions concerned were illegal to the knowledge of the partes under certain laws of China. Therefore, any money paid by plaintiff

irre. were coverable either as damage for breaches of contract or in an action for money.

The Judgment

1

that!

*

The General addressed

the

ops after an inspection.. He said: "This parade today is credit to you, and your staff, and I congratulate you all.

a

"The forces in Hong Kong are glad to have you, and we'home! you in your turn, you must be a credit to them and yourselves.

"This force will be called upon from time to time to carry i aut duties which will be very Important ones, and they will be duties which will require very hard work, to be done with willingness and energy. "Also, you have now joined the i forces of His Majesty the King.

"It is an honour for you to join

such forces, and I shall personally watch your progress and work with very great interest

"I wish you a hearty welcome to His Majesty's forces.

Good Start

Soldier's Qualities

"Although you have had only i four months' training, you have only just started being soldiers.

**When you leave here, you may From now on the things you have | learned here must be remember-know that you made a good start; I ask you to carry on as you have started.

ed.

Electricians Censured By Coroner During Electrocution Inquests

Giving his long judgment, the Three electricians were censured by Mr. James Wicks at Kowloon yesterday during the in- quests into the deaths by electrocution of two fokis in August.

sensor Puisne Judge said both parties were agreed that Chinese law governed

the and that there were substantial- ly four issues, the onus of

case

proof

of the first three of which lay on

Sitting as coroner at the in-

the plaintiff, and the fourth on quests into the deaths of Fung

Coroner for using an old wire when the iron was taken to him for repair..

Mr. Wicks added that old wire

the defendant. The issues were Chiu-king, fitter employed by whether the contracts were cathe Fuk Wing Fitting and tered inte; was defendant a part-Electrical Engineers Company, should not have been used

er of Baeten in the transactions: 25 Lee Yuen Street, and Kwok Pecially

♪

en-

under where hard wear

B5-

circumstances could be ex-

About

4,000 people have been travelling by train from Kowloon to La Wo daily since the resumption af through service between Can- tan and Shumchun.

The number of passengers taking the train back to Kow. loon has been about the came. Passengers take the short stretch between Lo Wo 2nd Shumchun on foot.

The sudden Increase In traffic has necessitated the adding of more coaches to the trains which since Octo- ber 30 have been switched back to winter time-table.

Six trains leave for, and re- turn from, Lo Wu dally.

ST. JOHN ORDERS

Orders by Mr. A.`al ̈ Areni, Commis- sioner, St. John Ambulance riseade. Honz Kon District, Order No. 44. dated November 4

Ambulance Dulles Heer Kong: Nov- ber 6 to 12, KCOB Division: November 11 to 18, 8th Nam Division,

Ambulares · "Duties: Kowloon: November to 11. Shameipe Division: Kovember 14. to 26. Kortom, Divisi

Bace Course Ducles: Saturday, Novem". iber 3. Shankiwan, and, Motar. Textsport "You will have the satisfaction Diviziona.

of knowing you are taking over in

Armistice Day Ceremacy: The Brigade

a position of responsibility and all be represented at the Cristaps by position where you will be re-the Commisioner and Ash, Commifor- er. Ambulance manned by Chung Sloz spected.

and Central Divisions will be parade "I wish you all the very best of at Statue Sazare. luck"

Football Match Duties: Saturday, Nov Four other recruits received sember 5, HP Club, 2.45 pm. KOOB swagger care and uniform for Division: Caroline Hi,720 being judged the best recruits in YMCA Division: Eat Tak (AF)

Kong Wah Division, their platoons.

Sunday. They are: Platoon 1. Liu Tak-Eik Nam Division: HKF Club, 2.45 pm

November 6. Navy Ground, 2.45 pm- kow: Platoon 2. Cheng Bing-dwa: Wanehal "p" Division; Boundary Streel, Platoon:4. Wong Chi-kwong; ands. Kong. Wah Dission: Monday. Platoon 5. Lec Fal

Panama's National Day

toast of the

Card pay

dad

[Nowmber 1, Sookunpoo; 8.45 p... Shao- kiwan Division: Boundary Street. 1.30 | pin. Shamshuipe Diválon.--

Trever Shield Competition: The Remzila of the competition were as follows: fat, BR No. 1 Corpe, 1401 points: 2nd. HK ¡No. 2 Corps, 1144 points; rd. Kowloop No. Corps, 1084 polute; ith, Kowloon No 1 Corp. 202 points,

(S) R. Edwarda, &RStJ,

Creppt. Forces Welfare Book Collection: The

many new; permitted himself to be held out closure fence at the South in come day part of the body came responded with the toast of the Mrs. CMC Yan. Verdes and the pupil i

th

Or Ment: The first crew if not, did he hold himself out of Kee, 16-year-old tailor ap- pected and that the earth wire

Dinner will be held at Hraduarters on permit himself to be held out as prentice of 721 Nathan Road, should be at least as strong if not

Friday, November 25, Sir Alexander 5 partner; and were the contracts Mr. Wicks criticised the elec-stronger than the current wires.

Grantham, KCMG KŚLI, be the Panama's hationa! day was rest of honour. Ah those Ofcers with illegal

As subsidiary to the last item tricians' negligence in carrying

celebrated in Hong Kong yes in to attend are asked to reply to the Not Connected if they were illegal, could pay-out proper checks and repair-

terday with a cocktail party circular as soon as possible.steam ments made in respect of

Mr. A. Spary of the Public at the Club Lusitano attend- Resignations: Dir. Supt. Chan Wah. the ing the equipment used by the Works Department who examined ed by Panamanian nationals in, KYMCA. - Deto contracts be recovered by the deceased. plaintiff.

the iron after the accident in the Colony and well-wishers, In his verdicts of accidental Mr. Williams went on to say death, Mr. Wicks, however, said earth wire on the flexible cable

hearing said that the numbering about 100. previous that the burden lay on the plain-that You saw LIBBEY GLASS advert to satisfy him on a prepon- amount to culpable homicide.

their. negligence did not was not connected to the plug and General of Panama, proposed the

Mr. Bernardo Vergara, Copsule following are gratefully thanked for com

tribotiema. of Books, Magazīnes, - . Cards tised in LIFE-now see LIBBEYS derance of probability that de-

In the death of Fung Chiu-king, receive the full potential of 200 Granthart, wife of the Governor, Bade, Dr. Phillips. Kirs. D.L.P. Edwards,

that anyone using the iron would

and Games: Mr. Less Th-sang; The King, and Lady Dutch Consol. Mr. C.R. Teers. Kra as The Evergreen.

fendant was a partner with Bae- who was killed while working volls if ten in these foreign exchange Come see our display of Glass transactions, or that defendant with an electric drill at

with a

floor. damp

President of the Republic of of the King George V. School featuring

Evidence was brought out that Panama.

Collection). **. Decorated Tumblers never seen as Baeten's partner in these trans-August 17, Mr. Wicks said that ceased's hands and feet were wet. sular body, other guests included Textile Company, Trun Wan, on at the time of the accident de Besides members of the con- actions.

The senior Puisse Judge point. Fung Yee-sun, manager of the Mr. Wicks in a rider said: "It is the United Kingdom Trade Com- THE EVERGREEN ed out that it was evident that fuk Wing firm, was negligent in desirable that there should be missioner, Mr. W. P. Montgo-

that he failed to exercise proper strict not a single document bore de- that h

supervision and frequent mery; the Canadian Trade Com- fendant's signature or initials re-was his duty, said Mr. Wicks, to the plant employed on electrical Assistant Australian Trade Com-

over his workmen.

ne. It checks by independent persons on missioner, Mr. K. F. Noble: the sulting therefore in a weakness

plaintiff's

case. The

check that prope three-wire The other chec evidence in favour of the plain cable was fitted to the drill with arms and the electrical machine missioner, Mr. H. H. Rankine

used by business" Arm.”

the Secretary of the Hong Kong must be correspondingly the necessary three-pin adapters Inspector R.O. Mackenzie and General Chamber of Commerce, greater before the Court could and plugs and that he failed Inspector E. Franklin, respective-Mr. J. B. Kite and many pro- be satisfied the plaintif had dis- his duty,

minent residents of the Colony, charged his burden of proof, be

ly, conducted the inquests. assistant elec Chan Man-fai,

both Chinese and European. added.

trician of the South Sea Textile factory, was criticised for install- ing in the premises two-pin plugs Dealing with the evidence given with which the electric drill was by plaintiff's witnesses, Mr. Wil-connected at the time of the fatal liams recalled that none of them accident.

in Hongkong before.

200 Nathan Road, Kowloon

Phone 59042

(FIXED PRICE ONLY)

PANTEEN

ROCHE

THE FIRST

VITAMINIZED

HAIR TONIC

success

through PERSISTENCE

Chinese Laws

had seen any indication whatever

supervision

in Roberts office that an import. Lighting Plugs and-export business was being Mr. Wicks said: "The lighting

conducted there Instead the pluss Stted were efficient and

evidence was of factors pointing safe if used only for lighting, and to the carrying on there of an the Chins Light and Power Com exchange businers.

pany were entitled to rely on the

After going at length into the fact that the South Sea Textile evidence and making observa-factory employed a resident tlots of them,

be found that. Baeten and de- engineer, who were both skilled fendant,

from early 1947 up to and qualified, as an adequate safe- January 8,

8, 1948, were partners

that power appliances office that there was, default in would not be connected to the

Ught Plugs

in foreign exchange at Roberts guard

payment of the foreign currency

The

due on the 12 contracts and that plecte deceased being a skilled i apart from any question of in- elec

validity or illegality,

should have been defendant aware of the danger he was.

would be liable as a pariner un-running in using a drill with no der Chinese and British law for earth wire and as a result his own breaches of contracts or alterna- negligence led partly to his own tively in an action for money death

received.

Mr. Will

Williams went on to recall "defence counsel's submission that this Court could not inquire into the validity of the acts of a for

ign sovereign power, and coun- sels/qbotations from numerous authorities in support of this con-

in the death

death of Kwok Kee, who was killed on August 18

as the result of using an. Iron in the Ah Luk Tallor Shop, 721 Nathan Road, Wang::Yauj manager of the Yiu Hing Elog. trial firm of 623 Shanghal Street, was censured by the

Lady Grantham and the Consul-General of Panama, Mr. Bernardo. Vespers —— exmänging toasts on the occasion" Panama's National Day-yesterday, ing Mall”

Armed Robbery Suspects Arrested

Seven men, two armed with revolvers and one with a dağ- ger, entered the home of a contractor in the Second Block of the Taikoo · Workinen's- Quarters on Wednesday morn- ing and robbed the inmates of HK$4,700 fa cash and more than 10 taels of gold.

At the time of the robbery, there were only three women in the fat and they were-Ineked in: one of the rooms while the men raz- sacked the place.

Yesterday the Shaukiwani police had: rounded up seven men sus. pected of being implicated in the armed robbery: Most of the money and about eight jano

els

of gold were

recovered,

MA-revolver" loaded with Bix rounds was reported to have been found on one of the suspects ar- rested in Frk Chien, vill-ze yes- teday morning

FORTHCOMING WEDDING

The forthcoming wedding he been announced-of: Able. Seaman Eric Ernest Buxtoe, of FEMS Tamar; and Miss Conchita Marie Castro, salesgirl, 1 of 68 Marble Road, North Point:

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