1950-09-19 — Page 3

CLAIM FOR BACK WAGES AGAINST YACHT OWNER

Reminders

Today

Bridge Drive, European YMCA,

$ p.m.

12.30 ..

HKC Rotary Club, lunch at the Hoo! Gardin, НК Hotel, Cheera Serviers Club, whist drive, RAAFI Club, Kowloon, table

p.to.

*

tennis tournament, I p.m. Nine Dragons

Dragons Services Club, whist "drive (rush prizes), 0 p.m. IK Football Association meeting Prince's Bldg., 5.30 p.m. "Changshow", full dress rehearsal by Boy Scouts group, Euro- Team YMCA,

IK Light Orchestra rehearsal, St. Jolia's Cathedral hall, 0.45

Coming events

TOMORROW

Hearing of a claim for back wages by five alleged

members of tho American-owned yacht Volador, which was detained at Fort Bayard by the Communist authorities early this year, began at the Admiralty Court yesterday. Before Mr. E. H. Williams, Acting Chief Justice; the plaintiffs have brought the action against Gordon Ross, owner of the Volador. Plaintiffs are. A. E. Bryant, bern of the crew of the yacht G. B. Nesbitt, T. W. Gay, R. II. Voindor. Goodwin and J. A. Porras. They are represented by Mr. B. A. Bernacchi on instructions of Mr. A. S. Rons of Deacons, The owner of the Volador is conducting his own cose.

T'articulars of the plaints claim are!

A. E. Bryant, for wages from September 1049 to pr 1950, at the rate of month, US$2,813.33.

US$400

J. A Furra, for wages from January 23, 1950 to April 25, 1950, at the rule of US$70 per month,

US$217.00.

it. H. Goodwin, for wages from January 20, 0 to April 25, 1930, nt the rate of US$222.50 per

As to the facts of the case, Counsel said he thought that the pleadings and brought the issues fairly clearly before the Court.

There was no dispute that the periods of service mentioned by the plaintiffs were admitted up to the time when the vessel put Into Fort Bayard on February 15 this year, he said. Thereafter the vocht was seized by officials of the Central People's Government

and

a number of visits to the vesse during the following month were made by plaintiffs for the purpose of attending to the ven- se. Thereafter they were trolig ferred to Canion and from thence to liong Kong.

case

Mr. Bernacchi salt his

མ་་་ Tor meeting, 50, Macdonnell month, US$067,50,

T. W. Gay, for wages from was that there was no question Itoad, 8.30 am.

April 26, plainuffs at any time being Foundation Stone Laying Cere-September 1, 1949 to

discharged at Fort Bayard.

Damages for breach of con- tract or warrant made or giver to the plaintiff's Goodwin, Gay, and Nesbitt, and costs..

On

THE CHINA MAIL, Tuesday, bepTEMBER 10, 1980,

Yesterday marked the informal ppening of the new Queen's College at Causeway Bly, when himself rang the boll

the Headmaster, Mr. M. N. Witiamoon, maintaining an old tradition,

summoning pupils to their clear, Photograph shows Mr. Willlamaga ringing the bill. (Golden, Studio Photo).

:

Queen's Judge's comment on College

home

new

nony at K Anti-TB liars, 1950, at the ente of US$400 per their arrival in Hong Kong how-

Follow-up Clinie, vmonth, US$2.275.00.

G. Bestilt, for wages from ever, defendant informed them Acting Chief Justice, Mr.

be F. H. Willinins, Queen's Road, September 1, 1948 to April 25, that he would no longer Fast, 5.30 p.m.

1950 at the rate of US$400 per ponsible for them. In effect his

Queen's College moved into clolm was based on an express American University Club, musten month, US$2,375.00,

agreement between the parties to its third honie in 88 years ye and supper dance, HK Hotel,

pay for wares, which were clear-terday when it re-opened its III.

to be at the new term in new premises at Women's Section,

European

ty understood standard rate for a vessel of this Causeway Bay. YMCA, games morting., 18

nature.

The other feature of the case The occasion was marked by was that it was correct to say the Principal, Mr. H. N. Wham- that plaintiffs were sailing under son, ringing the first beil eight the log of the U.S.A. although times, and then eight times again, oriented vessel, but for himself. for 38 years.

Mr. Bermechi kuld he relied upon

R.RI.

The defendant in his statement of claim denies that the plain- NAAFI Club. Kowloon, dorts

fff Bryant was engaged by him tournament, 8 p.m.. Linion Jack Club, whist drive, at US$400 per month or at any other sum. Plaintiff agreed to 1.45 p.m. I Nine Dragons Services Club, box-work his passage from Manila to in fact the yacht was not a docu- to signify the school's existence

Hong Kong without wage | compensation.

ing championships, 8 pan,

Norwegian Seamen's Mission

-The First Reading of ат Ordinance to provide for the incorporation in Hong Kong of the Norwegian Seamen's Mis- slon, Bergen, Norway, will be introduced at tomorrow's

made

This was in line with the tradi- tion of Queen's College. When l moved into its second home at the corner of Aberdeen Street and Hollywood Road in July 1880, itd then headmaster, Dr. G. 1. Eate- son Wright, rung the first bell Fort summoning the pupils to their

classes there for the first time.

Ross says that plaintif Porrns the principle that was to be found Jeft the vessel on February 15. on an authority. 1950. His wages due were offered

A bit unusual to him and refused.

Defendant denies that Goodwin There was one aspect of the was engaged by him at the rate case. the circumstances of which unusual-the For US$272.50 per month or any were a little bit

other rum. Plaintiff agreed to seizure of the yacht at work his passage from Maalla to Bayard, he went on. There were Hong Kong without wage or com- several visits to the vessel by penantion.

members of the

the crew, and then. there were short periods in which overland to they were travelling Hong Kong with the owner.

If it was suggested that plain- not entitled to any

Verbal agreement Defendant says further that the plaintiffs, T. W. Gay, G. R. Nes-

the

The bell ringing was preceded by an address from the Principal and an eulogy in Chinese by Mr. Lo Chi-chlu, Honorary Secretary of the Queen's College old Boys' Association.

class-rooms.

carrying of arms

The dangors involved in the carrying of arms were once again commented, upon by Mr. Justico Gould, Senior Pulsne Judge, at the Criminal Sessions yesterday when he sontenced several · man to hard labour and strokes.

"Weapons of that sort are being used more and more frequently in the Colony with increasing loss of life," he declared, as he imposed five years and 12 strokes on Wong Fuk for keeping three revolvers and 18 rounds.

Wong, who pleaded guilty | Five years and 12 strokes werd to possession of the arms and metert out to Ho Pak-yun when ammunition without a Ilcence. be pleaded guilty to keeping a 28 was asleep on a junk near Un Smith and Wesson and five rounds Long on July 10, when a police King's Hood carrying the weapon on May 28. He was arrested in party ralded it. After being weapon wrapped in a parcel. questioned, the accused took the police into the junk's hold, where the guns and bullets were found inside a cupboard. Ench of the three revolvers. 38 Smith and Wesson type-was loaded with six rounds.

Wong 'told the police that the

his junk by a man from Tai Q. to their respectiva Mr. M. Heenan, Crown Counsel, told the Court yesterday that, in law, a carrier of orma bore the samo responsibility as the mant

In question. who subsequently used the arms

The ceremony yesterday mor- ning i was informal. The formal opening to be performed by Sir Man-kam Lo, will take place on Friday, September 22

Resolution on pension of Gov't officer

In a plea for mitigation, Wong claimed that, a parcel had been handed to one of his 'fokis by a man for whom he used to trang- port goods regularly in his junk from one place to another.

it and their associate Russel Liffs were

verbal wages after either the time of

A large ricing of firecrackers, Shelton, entered into t agreement to make a trip to the the seizure at Fort Bayard or presented by the Old Boys, was Legislative Council meeting. Marcus Islands. The three men after the time when

they left An official explanatory note were to furth their labour and Fort Bayard by land, he would red after the bell ringing, follow-weapons had been placed aboard states that the Norwegian Sea-about Ps. 300 Philippine currenty refer the Court to the Merchant lug which the class-masters led men's Mission, whose head oceant defendant to furnish

Shipping (International Labour her boys is in Bergen, Norway, has fune-versel.

Conventions) Act 1925, a section tioned in

The expenres were tallied and of which covered this point and Hong Kong

for many Pastor, duly were to be charged. to the joint which be submitted entitled the years through its

And deducted before appointed to act on the Mission's venture

At the re- plaintiffs to the amount of wages behalf in this Colony,

division of profits. Α grant of land has now been quest of these three persons this they were claiming.

Plaintiffs' case was that at the by the Government of venture was terminated on De-request of the defendant they Нопр Kong to the Mission which cember 12, 1946. thereupon will become Crown

Plaintiffs T. W. Gay and G. B. paid visits, under armed guard. for the purpose o vessel both desirable Nesbitt entered into an agreement to the vess Lessees

and it

keeping it

condition propor and convenient that the Mission to take up the main bearings on

pass- should now be a body with per- the yachts main engines to be He mentioned this only in

paid Ps 150 each, to be furnished Ing. because his first submission petual succession.

The Incorporation of the Mis-quarters and food on the yacht, twas it could not be said that be- slon is desirable also for the have certain laundry work done cause this vessel was detained at purpose of the administration of for them and to be furnished with Fort Bayard that therefore their

vices "Ipso

facto" termalnated. the funds and other assets which cigarettes.

"They did work on the engines at least until such time when it will hold in connection will

arriven in Hong Kong its work in this Colony. It is the and were paid. Neither of them they object of this Bill to affect such was engaged se members of the which was the termination of that

voyage. incorporation.

crew but were partners in a joint particular

Counsel submitted that while venture which was frustrated by

in the Far Eastern Aroa for the the seizure of the yacht by off- he agreed he had no case direct- clals

seaman might re- period of the war and who re- Government of China in Kwong-cover from chowwan on February 15, 1950, the facts were such that the gen- Legislative Council at its meet- Ross contends further.

eral rule of "quantum meriuting tomorrow. It reads: The statement of clain men- arose, he would submit a seaman tions that plakatif Bryant war was in no other position than in On September 1, 1919, verbally service, that his services would engaged by defendant as radio be paid, and that the law had im- Continuing his inspection of operator and electrician on board plled, that the master must, pay the Volador and served from a reasonable sum for his scr- Hong Kong Schools, Sir Chris-September 1, 1010 to November vices. topher Cox, Educational Ad-25, 1910. On December 20, 1949 Master's testimony viser to the Colonial Office, he was again verbally ongared B. Krazner, master of the BS. "(a) on or after the first day of yesterday paid a visit to Roy- and engagement he served as "Joseph S" then testifled that he January, 1947, not having been actually uses them for erime.

Sir Christopher Cox visits

Royden House

A resolution on the salary and pension of an officer who was in the Hong Kong Gov- crnment Service, was detained

of the Central People's | ly stating antun merlut," tired, will be presented

by defendant. In pursuance of

to

"Resolved that where an officer of this who was in the service Colony and was detained in the during the Far Eastern ares period of the Japanese invasion and who retired from the publie service-

j

Ile did not know what was Inside the parcel when he saw ft, accused maintained. Later, how- aver, ha opened the parcel and found out the mature of its con- tents. Ho subsequently throw them on a hillside, but was even- tually persuaded to retrieve and clean the weapons by the man who cwned them.

Judgo's remarks

Mr. Justice Gould, in passing. sentance, fold the prissnert "Weapons of that sort are being used more and more frequently In this Colony with Increasing loss of life,”.

The Senior Pulene Judge also pointed out the position of the accused as a carrier of the, was- pons in rolation to the one who

a scale of pay operative in this Leung Cho-sang and Wong Chol

Three others, - Hul 'Siu - fan, He had been master on Colony in consequence of the pleaded guilty to possession of

revolver and five rounds on July yacht for two years be- Salaries Revision, 1947; or

9. and were given six years and "(b) prior to the first day of 12 strokes. As to wages paid to members January, 1947, and has died or

den House, an indepen teaches such from December 20, 1949 to and an American yucht master

hold an American master's leance in receipt of salary according to education School which

April 25, 1950. It was verbally

licence. under the "Dalton" Plan,

agreed that plaintiff's WARGS Sir Christopher was accom- panted by Mr. H. G. Clarke, In-should be at the usual

nese,

US$400 per month.

Share of profits

board rate. Tore the war.

1050,

officer

the ratnimum

Arsi

un

at

spector of Schools, and they were met at the school entrance by Mr.

of the crew, on board a yacht, dies before the first day of An alternativo count of con- he said -Porras on January 23, and Mrs. F. C. Thomas, the Prin- cipals of Royden Ilouse.

was engaged as quartermaster on meer would receive was US$250 August, 1952, it shall be inwful spiracy to rob against the three

for the Governor in Council, vas dropped by the Crown. each class Visiting

in the same ship room

at US$10 per per month.

engineer when The chief

denih Was directly at- turn, including the Kindergarten,months, serving from January 23, would get the same rate. A radio

The prisoners were arrested tributable to, or the condition re-while walking down a Sir Christopher displayed great 1950 to April 25, 1950.

would get US$200, Interest in the students' work, Goodwin on January 26, 1950 assistant engineer US$175 and an sulting in death aggravated by, Takotsul by a party of police. the circumstances of such delca The revolver in question was Fire International group, which was engaged as second engineer electrician US$200. The rates ho tion and without his own default, und n lu's walsikandi.

rates. Included American, French, Chi-on the same ship at the usual rate quoted were pre-war

to to grant a pension er gratia Cross-examined. British, Indian, of US$222.50 per month, and an

witness sold Dutch,

the widow and children of such Korean, Portuguese and Stamese unspecified ahure of the trading he was master of a yacht, a motor officer, calculated in accordance

He had students, were introduced to Sir profits and served as second en schooner, of 800 tons. Christopher who conversed with gineer from January 20, 1950 to been on board the Volador which with the provisions of section 18 of the Pensions Ordinance, 1932 he thought was of 360 tons dead (now repealed), or if such all of them.

April 25, 1850.

was a police officer in offices! Gay on September 1, 1849, was weight. Sir Christopher is on a visit to

Evidence to the Far East to Inspect the vari-engaged as chief engineer on the

corroborate the ous schools and intends to stay ship and defendant verbally plaintiffs'

case was then given, in the Colony for about two agreed that the plaintiff should after which the witnesses were weeks.

received one-eighth share of the closely cross-examined by Gor- profits of trading which defen-don Ross,

Hearing continues at 10 am. A résolution to calculato duty dant agreed would be carried out payable on toffet preparations and or if sufficient profits were not today. proprietary medicines will be made, receive wages at the usual presented to Legislative Council rate, that is US$900 per month, for approval tomorrow.

The Minty role, according to the pursuance, of that engagement he served as chief engineer Trom

Men fined for possession of opium

with regulation 14 made. under the Police Force Ordinance, 1932 (now repealed), as though such officer had died at the date of his retiremont, but from the date of the death of such was fined $10,000 or one year to be payable Kwok Yan-than, aged 50, officer.

Resolved further that any pen-in prison when he pleaded slon granted hereunder shall be guilty to the possession of 540 subject to the same conditions Anaels of oplum before Mr. J. those to which it would have resolution, shall in all, cases, be September 1, 1940, to April 25,

A place of Crown land on Tal been subject had it been granted Reynolds at Central yesterday. the omelat rate of exchange pro-1950,

Hang Road, known as Inland Lot under the provisions of the section valling at the date of paying duty.

Nesblil on September 1, 1940, No. 80i, with an area of 8,000 of the Ordinance or regulation in CORDUROY SPORTCOAT was good as chief officer on square feet, was sold at public accordance with the provisions

the ship at the same terms as auction at the Public Works Do- of which it was calcuated!! Gay and in pursuance

served engagement

The emtrent popularity of Men's Piawals CORDUROY SPORTCOAT thing Tad saktet afară la ales, Beautifulty Fatzipd and...tailored, Hay Canvas; front

AUCTION OF CROWN LAND

of that partment yesterday.

chier

The purchaser was Dr. Cheng Alicar from September 1, 1942, to Chink-wing of by Yik Rwan 20, 1950, it Is claimed. Avenue, who pali HK$82,100, The vessel did not engage in which was $100 above the upset

and jokitar alvulder pads, the trading contrary to the condition Brico. 'perketi, amitally milched feather 'kutians, Mid Munichol fall rayan Halagen Is Sve of the plaintins (Gordon, Gay One of the conditions of sale in

Ours!

Ceme ently, for 'youra,

اور

Leung Wal-hoh, a licenced mo- tor driver, was discharged by the magistrate sowing to insufficient evidence.” He was represented by Mr. Alfred Y. Hon.

The defendants were arrested outside 74/Benham-Strand with the oplum in their possession, i): RADIO TELEPHONE Luke Kwok-chow, aged 76 was Radio-telepheus service batwood $10,000 or one year in between prison by Mr. Jo Reynolds when

HK-AUSTRALIA

and Nesblit) services or alternathut the purchaser must paid not Hong Kong and Australia was so pleaded guilty to the posses tively the warranty of the dofon- less than HK400,000 in Awable inaugurated yesterday, with slón af 15%

dant or Ba

improvements on the land within

The service for the Ume being plumes of prepared 10 months after sale te mos e limited to 80 minutes a day, On September 17, when the as Flaintiffs' casa bulla modern bullding lurred from 10.30 am to noon, Tele: Yu- Many arrived from Macko THE EVERGREEN Barnacchi opening his case, midential or educational purpose phone subscribers have to regis search was made of defendant's ibat this was a cigum fƠN "Theri munuel Crownelenti i kar beforehand. If they wish to gultoare and the oplum was found WASTE ON WAhalf of certain meme HK$17 PAPETAR GREATER

Pagb$

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