1950-09-21 — Page 3

Kennedy-Skipton's action

dismissed by Court

is

Reminders

Today

The action brought by Mr. G. S. Konnedy-Skipton, former Hong Kong civil servant, against the Hong Kong Government for alleged arrears of salary and alleged wrongful dismissal, was dismissed by Mr. T. J. Gould, Senior Puisno Judge, yesterday.

The Court upheld the submission of the Crown on a preliminary point of law that the plaintiff has no right to remuneration which can be enforced against the Crown by the Court and that he may look to the bounty of the Crown only.

Kowloon Tatary Club, luncheon,

Peninsula Hotel, 12.30 pan. Y's Men's Club of HK, lunch, Hoof Gardet, HK Hotel, 12.45 p.. Concert of recorded music. Dio- -cesan Boys' School, 8.15 pan.

Hearing of the action was NAAPI Club, Kowloon, snooker confined to this preliminary tournament. 7 p.m.; whist-paint of law, but by mutun! drive, 7.30 pan.

agreement between, counsel, it Union Jack Club, tombola, 7.30 was agreed that in the event

of the defendant being suc cessful, the action itself would be dismissed, on the ground hut the declaration asked for in plaintiff's statement of claim is not one which the Court has power to make or in the one the Court alternative is ought not to make.

Pine

p.in.

Dragons Services Club, tennis darks competitlan (second round), 7 pan. HK Women's International Club,

whist drive. 7.30 pan. JIK Boy Scouts present "Gung-

Nine

show of 1950" at European YMCA, Kowloon, 8.30 p.m. tin aid of Anti-TB Futti).

Coming events

TOMORROW

Club

Dragons Services tombola, 7.30 pan. Union Jack Club, dance, pau. Cheero fervices Club, “aronteur

night, 7.30 pIR,

SATURDAY

purisdiction to malte the declara- tion. It is n question which arises only en the assumption that hel was correct in holding that the claim for arreers of salary cannot be maintained.

After dealing with various all- Mr. this subject thorities on

was not Justice Gould and he without doubt on this aspect of

the case, but he considered that the belter view of the authorities was in favour of the defendants. The declaration asked for is no more than a foundation for the substantive relief, and the claim for such relief cennot be main- tained. Therefore no legal right, present or prospective, is at stake. The motion to strike out the statement of claim therefore suc- reeds, and the action is dismissed. suid Mr. Justice Gould.

As a result of the dismissal of the action yesterday the Court also ruled that the statement of chilm was also to be struck out.

The aetior. was brought by plaintiff against the Attorney General. The claim in its arginal form was for arrears

The plaintiff was represented of salary | alleged to be wing by the Hang by Mr. Charles Loschy, KC, in- itong Government to plafuliff, but structed by Mr. J. C. Stewart.

The Solicitor General, Mr. G. it was ornundert to include a claim for u declaration that the Gover-E Strlekland, assisted by Mr. A. was ultra vires in purport- Lonsdale, Crown Counsel, was for ing to dismiss the puintir as the Crown, From February 11, 1942. Club, Dragons Services

Plaintiff, nevording to the slate - tombola (Suowbull), 7.30 p.m. Exhibition of Chinese paintings byment of claim, wat employed in Professor Chun Shao-an, Hotel the Hope Kong Government as a colonial administrative affleer. Cecil, 10 a.m. top..

Pluss 1. On February 11, 1942, Mr. (now Sir) Frankila Glinson, Co- fond Secretary, Hong Kong, but then a captive under emeny de tention, purported to suspend the plaintKT.

Cheng Services Club, Fanbola, ↑ Jor

7.30 p.nl.

Nine

inc

SUNDAY

classical concert, 50, IT Macdonnell Road, 8.30 pat.

Groups, Armchair

European

YMCA, talk on "Diversity Findings of committee

and Unity of Chinese Thought or the Essentials of Heresies"

8.45 p..

NAAFI

Nine

Kowtown, snooker

Services

Club, tournament. 7 pan.

Dragons

Club gramophone recital, 7 p... film shen "Pan-Americana". 8 p.m. Exhibition of Chinese paintings by Prot, Chuo Shne-nn, Hotel Crell, 10 a.m. to 7 p.m.

Eight years, 12 strokes for

.

robbery

THE CHINA MAIL THURSDAY, SEPTEMBER 21, 1030.

Control of petrol imports In Macao

Mačao Jina Announced furikar lightening of the con trol of petrol imports, oqid the Vernacular "Wah Klu Man Paa" yesterday report from the Portuguese Colony,

the o report said that Macao authorities have do. cided to pangilio amugglers caught in Ireporting petrol and other liquid fus),"

The penalty will be 10 timer the tax that would have been imposed if the fuel were im- ported through proper chan. nels.

Imports of Hauld fuel must be accompanied by permita - from the exporting State,

Court Brevities

A Chinese police, constable was rewanded for three days by Mr. J. Reynolds at Central yesterday on a charge of larceny.

The defendant,

Yip Chuen, 1737, of the Fallce Constable

Police Station, Was Western charged with stealing $12.00 and various articles from Chan San.

*

•

Reaction in Red China

to war in Korea

Communist reaction in Shanghaj to the Korean Wor is one of support for the North Koreans, and official opinion In Both Shanghal and Tientsin, according to lato arrivals, is that while the United Nations may win the mill- tary war, politically "they have no ground on which to stand.”

Editorials on the Korean war published in the Communist Press, according to recent arrivals from Tientsin who were approached on the subject yesterday, have invariably justified North Korea's attack as a final, attempt to unify two parts of an artificially-divided country.

No trace of eventual Chin- ese participation in the war on the side of the North Koreans has been evident in these comments, but grow- Ing tendeney has been, to, gloat over North Korean vletorica as victories for Communism as a whole.

organ,

Norwegian Seamen's Mission

The Norwegian Seamen's Mission in Hong Kong lato be Incorporated, and an ordinance Arst for this purpose had ita

ending in the Legislative Coun- cil yesterday.

in

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Is Quality

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Battled uniter authority at

The Qaon-Cola Company

My HONGKONG BOTTLERS

Drink

Coca-Cola

Ice Cold

The arrivals said the papers in Shanghai and Tientsin recently were full of reports of the early

When American retreats.

the North Kurean advance was stopped at the Naktong river, the

The Bill for its incorporation papers suddenly lost interest and

by Mr. P. S. Korea was shelved to a position was Introduced

Cassidy who said of secondary importance.

the business community of this Colony has Described as a case of colubra-

.Omelal Communist oplaton, as (always felt a sense of repon- ting the Moon Festival too early.

the seamsh Inspector J. Orem informed Mr. receted in the tone of the party spilly lowrds

"Liberation Daily," hnd whose services ocean-going Jenes Wicks at Kawloon you ferday that an 18-year-old girl, tended to regard United Nations vessels are indispensable to the It is Pang Lal-wab, of 273 Shanghal Intervention in Korea as open trade of this great port.

reason, herald, that some tofaced aggression against an Asia- for this Strut had Tulled to

varlous Institutions buvo Бесп court to answer a charge of being the State.

with started here

the support drunk in public place,

The term United Nations was of commercial firms and the Defendant's $30 buil was es- Frever used, the arrivals said. treated.

The $30 ball put up by Wong! The United States has been re-ald and encouragernent of Gov-

quently described as the imperia- Of recent years

the number BEFORE YOU BUY A NEW OR OLD SEWING MACHINE Gle-fan, murried women, of D list power which "bull-dozra"

COME AND TRY OURS Granville Hond, for a similar the rest of the Western World of Scandinavian steamers visiting Hong Kong has grown steadily. effence was also estreated when into supporting its own war in 1949 there were about 90023 LKA she failed to answer a charge | Korea.

'calls made

by Scandinavian STANDARD SEWING. of being drink and disorderly.

ships, 400 of them being Nor- wegian.

Sentence of a eight years' hard labour and 12 strokes

A line of $100 or two months' Was passed by Mr. A. D. Scholes, Puisne Judge, yester-Cheng Hing-kiu, aged 19, nar- Imprisonment was Imposed on led woman, by Mr. B. W. S. day on Wong Keng, aged 24,

Winter at Kowloon yesterday for for robbery.

the larceny of three small gold and two gold bangles, rings valued at $24.50, from her hus band's employer Tam Ho, quarry foreman.

On Apr 24, 1943, at Chung king, by letter signed by one 1. C. M. Sedgwick, and purporting to be under the direction of H. M. Ambassador at Chungking, the A jury of four men and three plaintiff was informed that thes women, after a short retirement, Secretary of State for the Colonies unanimously found him guilty. purported to confirm the suspen- Leung Cho-SADE, charged to-

with Wong, son of plaintiff from his appoint-

Rether ment, until such time as suficient charged on the robbery count information was avalleble of when the Crown offered would enabl the Secretary of evidence. Leung Is already State to advise the King in the serving six years for matter.

January 18, a committee of enquiry to consider charges of improper

hehaviour and

dis-

for uyalty against plaintif, found

Shipping figures for past year

Shipping figures for the year 1949-50 showed an Improvement, according to the annual report of the Directar el Marine.

i

him guilty of Improper behaviour, and in particular disloyalty, not to the Crown but to the Service of which he was a member. In September that year plaintiff was dismissed from his employment as from February 11, 1942. Plantin had received salary up to and ineluding No- ventber 30, 1941. 1

full

He replied for his claim on the Colonial Regulations Part 1, Pub-

The report said that the figures: were impressive when compared with those for the years followingjie Omeers. the end of the last war.

Progress has been overshadowed -to-some-extent by the accumula?

Court's judgment

of arms,

Mr.

M.

Heenan,

а

WIE

dis-

·

|

India popular

The Korean war, and Presiden these arrivals, added, have been Truman's attitude on Formosa, taken as justification for renewed journalistic hostility towards the United States

ernment.

Work expanding

As a consequence the Nor- wegian Seamen's Mission, which

MACHINE CO.

20, Hennessy Road, Hongkong.

Tel. No. 33771

D

A.B.C. SEWING MACHINE CO. 1227, Canton Rond. (Near Prince Ed. Rd.) Kowloon.

Tel. No. 57819.

SEWING MACHINES FOR SALE

transferred bere from Shanghol in 1937, has found its work among India's championship of Com-opportunity for munist China's admission into Scandinavian seamen expanding the United Nations has received considerably.

AL

tho Mission is present constant publicly in the Press and Indian Chinese relations housed in rented premises which have never been better than at pre up for sale, with the pussi-

blity of the tenants having to LATEST NEW MODEL present.

leave. Steps have therefore, been

INSTALLMENTS

(3 months payment «

$ 75. por month?

Prices.

$199. $220.

$. 85. 影像

$260.

$95.

"

$279.

$100.

#

$330,

$120.

17

The motion was seconded by ALSO MACHINES FOR HIRE $20 PER MONTH ONLY. Mr. T. N. Chau and carried unanimously,

REPAIRING SERVICE AT REASONABLE CHARGES

WITH 6 MONTHS GUARANTEE.

Inspector J. Hill stated that defendant stole the articles from hut at the Kin Fat Quarry, Flunghom, on various dates. possession

Defendant's husband, a coolin

to build a permanent with 5 years guarantoo The Indian Ambassador, Bardor taken

recent arrival in home and headquarters. The Gov- Crown at the quarry, told the Court

Pannikar's Counse), who prosecuted, tald he wanted a separation from Shanghai on a shopping expediernment have been good enough Hand Portable

his wife and that if a fine was on touched off a wave of editorial to provide a site in Cox's Road, Plain Table Treadle the Court three men, at least imposed on his wife he was not

comment on the growing prestige Kowloon, for this purpose.

Cabinet Treadle two of them armed with toy prepared to pay it.

of Indin in world affairs.

To enable the Mision to robbod

Chines pistols,

Man, Cheung

funciton as lessees of the Crown Electric Fortable of Yan-ta), woman,

Britain's attitude towards Comand for administrative purposes Electric Cabinet, various gold articles and $96

munist China on the other hand it seems desirable it should be in cash, at 236, Apliu Street, on Ignazio Gellfi, öged 22, scomani has been constantly taken to incorporated with perpetual súc. June 27. Chrung was the wife was ordered to the House of task. All the Chinose papers in cession. of the proprietor of a box Detention by Mr. Hin-thing Lo Shanghal, the arrivals - recalled,

She and making shop.

her at Central yesterday pending ar- condemned Sir Gladwyn Jebb's tokis were herded into a rearrangements for sending him away. negative vate on the admission of

Defendant was cubicle after the robbers had

charged with| Communist. China when Rugsla's remaining in the Colony without M. Jacob Malik made the propos- rencacked the

premices, Wong was arrested on July 31 the permission of the Immigra- al during his term as President of

Omcer. on the roof of 5, Talpe Road. In

the Security Council. statement

Dofendant waS a member of when

charged he ad-

of the 33, Danholm mitted taking part in the robbery the crew but said He was threatened into which arrived on June 18. When the ship left on July 14, defen- the other mem dant failed to sail--with-her and

was later arrested.

Defendant said that he was married to a Chinese woman and intended to take his wife to Italy.

#1

ле

In a 10-page Judgment Mr. participation by tion of about 9 laid-up foreign Justice Gould dealt exterisively bers of the gang.

hips in lung Kopq's waters. It with the point ef law raised by In the witness box yesterday and quoted from Wong denied the statement and vessels would resume operatior, numerous authorities on the sub-said he had taken no part in the

robbery. in view of the present instability|ject,

could not be farseen when these defendants

in the Far East.

Storage space.

The same

He said the courts have fr-j Wong was not legally repre- quently had occasion to consider sented.

the peculiar relationship between the Crown and Crown servants, disturbed condi. naval, military and civil. From tions, with the attendant restric. the authorities ii is clear that in tions on the free movement of the ordinary way a civil servant goods, have causar a serious is employed during the pleasure congestion in our storage spaco, a of the Crown and dismissible at ing w; therefore he can maintain circumstance which is requiring the closest co-operation of all no action for damages for wrong- concerned in the entrepot bugl. ful diamissal.

Many of the cases quoted dealt

of the Port.

+

Drugs seized by Revenue Officers

A number of men and a

ilon

Edward David Sykes, aged 50, was found not guilty by Mr. Hin- shing Lo at Central yesterday on a charge et obtaining $410 by false pretencça trom Ng Lum in July this

Sykes eur.

Sitting on fence

negative vote was the best" "in- The Liberation Daily! zaid the dication of Britain's duplicly in recognising the Peking regime on the one hand, then refusing to collaborate with India in expedit ing its admission into the United Nations."

Communist propaganda, "Hala these arrivals, has never been too Voluble on the question of Korea.

"Theirs is an opportunist type of propagando," one businessmart

not gulity and said, In his defence sold that the money

was & lgan. He said that, he "Horody knows what line of had helped Ng before and that when he needed money he went to him on different occasions for a loan. The first time he bor rowed $300.

Mr. Lo told Sykes to pay Ng the 3410.

•

nes and the general well-being with milltary or naval personnel, A considerable amount of but said Mr. Justice Gould, the opium, heroin, morphine and Some 63,287 vessels totalling cuses mentioned establish certain Chinese tobacco was seized by 27,330.620 net tons entered and propositions of law quite clearly. cleared during the year; this war Firstly that for reasons of pubile Revenue Department officiala a decrease of 3,528 vessels but an policy a milltary or naval servant yesterday in three separate

of the Crown cannot enforce by raids on the Mainland. Increase of 4,310,394 net tons.

process of law any right to re-

wore arrosted and Charged with armed robbery, This is explained by the fact imuneration or pension and cannot woman

been formally charged. that although there was an in- be heard to say he has

Under Senior Revenue Inspec- Lai Keung, aged 20, unemployed, prease of 1,482 cecon-guing ven-wrongfully dismissed.

A civil servant is the same tor W. G. Humphreys and Bon remanded two days by Mr. sels of 3,010,004 net toris, 734 river steamers of 1,349.211 riet tons and position as regards dismissal-he venue inspectors L. C. Millington W. 5. Winter at Kowloon yes. Lai with others, not in 'custody, 7.175 Internal Trade Junks of holds his position during plea-and E. Hunt ralds were carried erday for further inquiries. 200,080 netitons, there was a cor sure only--and again, however his out at a house in Balycubgebol was alleged to have robbed a and a flat in, Portland couple of their wrist watches at responding decrease of 8,350 For legal relationship with the Crown Street eign Trade junks of 829,318 neb may best be described, the rule Street.

More than 70 pounds of oplum Sung Wong Tal Road, Kowloon

City, last Monday. tone, 1,502 Foreign Trade power; as its origin in considerations of

and a large amount of heroin driven vessels of 00 tonn and un- public interest.

A civil, servant in the parition and morphine were Jer, and their tows, of 22.200 nej fons, and 2,958 elmilar, vessel of plaintify could not have re- the two premises. and their lows of 84,817 tona en-covered his remuneration by peti

tion of right, and the plaintit gaged in Internol Trade.

therefore must fall in this action A total of 1,021,116 presenecċin so far as the claim for salary were declared as disembarking, and allowances is concerned. which, in an ingrense of 20,87 over the previous year, while 1- 039.734 passengers were declared

seized on

Communist China will action finally take to save the North Koreans from defent, but it is an inescapable fact this so far, their: Press in Shanghat has been sit- ting on the fence."

Seaman fined for damage to Star Ferry On a charge of malicious

damage, Nillo Haukijien, a Finnish sçaman, was fined $30 and ordered to pay $20 com- pensation to the Star Ferry by Mr. James Wicks at Kowloon ystèronY

コア

At the same time, Rayenuo For having hand in his posses- Ofcer E Khoo and a party of sion the carcase of a dead pls.

Inspastor J..Orem Informed the searchers ralded a third flatu 40-year-old cholle, Soon all Court that early yesterday de-

200 was fined $50 by Mr. James tendant was crossing the bar where they found about pounds of Chinese tobacco 94 Wicks: at Kowloon yesterday, a which no duty had been paid Not without doubt

Soon, who was seen carrying bor & the Golden Einr. On dr

Hồng Kông On plaintiff's claim fer a de- Chinese woman was arrested the dead animal in a back lang rival at the

of Fa Yuen, Street, near Argyle fendant was found acep claration that the Governor was on the premises.

Street, on Tuesday morning, said Resmen on board the ferry found na having embarked in vesso ultra vires in purporting to dis-

be picked up the pin in the hum too heavy to remove Colle Traving the port, indicating a demiss the plaintiff as from Febru

Vicinity but police Inquiries sequently Hauxinen was left on drease of 32,354. The total of 2-ary 11, 1042, Mr. Justice Gould

showed that no one there had the ferry when abp returned to 450,20 pariengers showa » de-wald the question at this stage is

disposed of the carcase.

the mainland side where the as- créase of 2,476" when “ermpared whether the Court could have

sistance of the police was re- with 1948-49.

quested..

· ADVANTAGES-

There are your ADVANTAGES, abèp-

ping at THE EVERGREEN..

3. Prosk Merchandias every 2 works.

ENGINEER

ACQUITTED

Bernard Talbot, aged 10,

DONATIONS ACKNOWLEDGED

Latest donations to the BPC KON H.D. Koolhaas $100, Leung Wiig Chuen ́

$100, Chloise Chamber of Dómmérna '850,'

D.O.: Mehr97 $40. Mr. Min $60, Dr. and Two Britin's coldlers, Sidney Haukinen refused to love the Mrs, Lee Jah Llaur 336. Dr. L.X. Set George Tonias Harrison and ferry, holdide on to the hack of $20, Danlon Oppiwas, Trading in pale Joseph Barraclough, brought, be a seat, and Th. doing so broke the en-roon Tips. El 20, ruha 11, Tote Mr. A.D. Beholes, Pulstid back of the stat,E

Le Ties Nash $19, Lung Ubio Vai was acquilted by Mr. J. Reynolds 110, Lain Kis $10, The Tax On 110, Lan

Yesterday on a robbery Inspecion Ofem further in

Try alien' you‚Änd" leme (na"]gineer, residing at.2 Castle Stops Check Tivom $19,5 "Tráp "LonhdTA PIZON, A Work? cratited: an ""ad-†formed the Coiirt' that defendant

Lashes - stare, qarallongated

£.: There, is, siyarn something

mithing you can use dally

day in and day out......”

Contratantly incaled in the bort

4. Her kami trợn, 10 km, tự lái k

Defendshield

flot Central yesterday on a charge Wine Kuen 120. Mr, Chan, sto, W. The Journment when they asked for was only

19-enkaro [similar] of importing ammunition (amply 16 The Pas Chuen 110, Jake 05 Tan time to enable them shell cases)

ligence Tax Chups School 11, Ming The Coursal for.

of their datase without from the Commissioner of Pallet Tan by Kong Chat The War Lonsdale Crown Co

chai của It was stated that the pay Now E. 26% Chin Pese 3. La bort sel, said the Crown mo and valued at 115$10,000 were won te, Chen Hing, stors: Wa Piled for though it would mean until the next": "Criminal

THE EVERGREEN

35. L! To Kenu 14. M.W. Ko`83, LAM, AN

found on board a pilor junk.me Mok. 18. Wade Tan Chess 10 that trial would have to stand

Talbot was represented by Mir, Dal Kome Beboat:£5, Tai Po Jubiis üsbest i over

301, Paulin and do 01..

flessions.

Sir Christopher Cox, Educa- tional Advisor to the Colonial Omec. will visit the. Kowloon English Collega at 144-148 Woo

at 9.80 sung Street

oturday.

11.07. од

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