1954-03-17 — Page 10

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SILENTBLOC LTD. FLEXIBLE BEARINGS, - FLEXIBLE COUPLINGS, ENGINE MOUNTINGS.

ENGINEERING EQUIPMENT CO., LTD H.K. & Shanghai Humke Bldg. Tel. 27789

JOHN CLARKE'S

CASEBOOK

Door To Nowhere

N darkness some of Lon-

I don's rulas manage to

it

achieve a kind of beauty. though daylight, when comes, steals away their become dignity, and they Again

that усагн

shoukl have healed long since, ugly Incerations on the City's face, pinpricks to the public conscience.

111 the early hours of the morning, in the doorway of a bombed-out building, Phillp slept. A stout young man, all bundled up in en overcoat, with ४७ nowhere to

but 10 this doorway that led nowhere.

Immediately across the river froth the street where Phillp slept, Big Ben struck 3 o'clock, a passing and at that moment policeman shone his torch and thscovered the steeper.

SLEEP WITH COCKNEYS N fow thu" the policeman prodding Philip. "You can't sleep there." Philip. who had been proving it was do that, surred and possible awoke.

"You'll Dave to go to the hostel," the policeman sald, and recited .e name and address of the place.

"I'm hipping here," Philip answered.

“You can't," the policeman insisted. "The hostel

"I'm not going to sleep with a lot of Cockneys." Philip said.

He persisted in his refusal, and so was arrested. Later that morning at the Lambeth court, Phillp pleaded guilty to wander - ing abroad and lodging in the open air.

TEENAGE TROUBLE

UE is a big man,

in his late Twenties, whose life sechis largely to have been roaming the country and won- dering what not to do next.

spent

Philip frat got into trouble while he was still in his teens.

where he spen! In Wales, childhood he broke into a shop and stole chocolates

and cigarettes. He was put on pro- button for that, und ordered to pay custs--3 The price of a broken padlock, perhaps.

When

he became

mun. Philip chase begging as a career -or so his record suggests, for he has convictions for begging in Lancashire, Yorkshire, London.

und

The law, On the whole, has dealt with him leniently. Last year, he was tour times con- victed of begging. Twice he was discharged conditionally, once ordered to pay is. costs, once sent to prison for a fortnight.

CELEBRATION

SINCE his last conviction," sald the policeman charge of the case, to Mr H.W. Wightwick, the magistrate, "he says he has done several casual Jobs, but he has not worked in the last seven months. He says he was offered a job last Fridiny, got drunk the night before to celebrate, and did not feel like going to take it up."

"I tackled him," said the probation officer, whom the magistrate now asked to speak, "about how he had money to spend on driniting. He said he had good friends who paid for

his drinking friends haven't

Surely

seven

last

CHINA MAIL

„Established 1845-

WEDNESDAY, MARCH 17, 1954.

Counsel Claims Insatiable Demand

Contracts Were Binding

In his reply for respondents in an appeal before the Full Court in the paper contracts case this morning, Mr Charles Loseby, QC, contended that no business could be carried on at all if firms were allowed to deny, when it suited their con- venience, the authority of a person they had pre- viously held out to have authority.

Mr Loseby claimed that the contracts made by his client, three paper firms (plaintiffs and respondents) with the United Development Co., Ltd, of Hongkong and Shanghai Bank Building (defendants and appellants) were binding, having been drawn up on the official con- tract form and chopped with the chop of the Company by Henry Shek who had full authority.

a later The appeal was brought by his mind, though. at United Development before Mr singe he lost it for a moment, Justice C. W. Berce and Mr submited Mr Loseby. The rule Justice JB. Gregg, agalust the of estoppel bad been examined Judgment of Mr Justice T. J.

by Courts as being of primary Gould who found In part for importance to businessmen. The stressed this over the paper arts and in part for Judge had United Development in six and over again because without actions Invloving Contracts business could not be carried

for the zate and purchase of jon. paper. Only three of the paper firms were named us respondent In this appeal.

Appellants were represented by Mr John McNeill, QC, and Mr A J Clifford, both on the Instructions of Messrs Johnson,

Stokes and Master

The three respondent firms named in the uppeal were Foo Yau Paper Co. of 38 Bonham Strand East, the Che San and

Co of 53 Des Voeux Hond Central, and Kai Tai and Co., of

when

to

their say just books that that persons has not got authority. If that is allow- ed how can business be carried on?" said Mr Loseby.

Un Connaught Road Central, the Judge had in mind the right Appearing on their behalf was QC, in- Mr Charles Loschy. structed by Stewart and Coni- PRAY.

TWO STORIES

Phone Services

NEW INSTALLATIONS TO

:

BEGIN

SHORTLY

Presenting his statement to shareholders at the annual general meeting of the Hongkong Telephone Company this morning, the chair- man, Mr W. A. Stewart, revealed that during 1953 a record number of new services was installed in any year since the war. The additional services comprised no less than 4,665 direct exchanges and 1,883 extèn- sions.

Mr Stewart disclosed that although the installation of the Cameron Road Exchange in Kowloon would shortly begin, the demand for services was such that it would not be fully satisfied by the new installations, and plans were now being prepared for an Exchange to provide addi- tional service in Victoria,

Net profit for the year was $3,47 0,630, compared with $2,587,725 in 1952, and the Directors recommended payment of a dividend of $1.40 per share free of tax.

*

ver

in

way

this thint,

technical

Sheaffer's "SNORKEL"

For Wisely

Stopped His Car

Falconer Winding Up Petition

Hearing Fixed

"Your character has been given as excellent and you did right when you stopped the

Bald Mr Hin-shing Lo at. Central this morning. "You are cautioned and bound over in $100 for one year

for tho bencht of preventive justlew," added the Magistrate.

Richard Alan Jones, 28, had

T. J. Gould, in the Supreme excellent. and character

Mr

to

his

were

Warrant For Arrest Issued

A Bench

warrant

for the

by Judge A. 'D.

Hearing of a petition for pleaded guilty to a charge or being drunk while in custody the winding up of Mesars of a motor vehicle early this George Falconer and Co. morning at Seymour Road near

Castle Road. (H.K.) Ltd., Union Build- The Police said that defend- ing, was fixed for April 5 ant was a Police Officer at the at 10 a.m. by the Acting Dockyards where he had served Chief Justice, Mr Justice for over six years. His servic

record

Court this morning.

Defendant was found sprawled The pelitioner, James Joseph behind the wheel of his car Osborne King, goldsmith and (No. D1) with his feet jutting

versmith, of 20 Braga Cir- out of the

door early this cuit, petitioned for the winding morning. The Police added that up of the Company under the they were not taking a serious provisions of the Companies view of the case since defendant Ordinance, Cap. 32.

had wisely stopped the car when King was represented by Mr he realised that he was in no Brook

A. Bernacchi and Mr condition to drive. The chairman's printed state- to Government $827,023, in pleased with what has been D.A.L. Wright,

the both on ment presented at the meeting Corporation Profits Tax $300,- achieved by Mr Pugh and his instructions of Mr M. A. da read:

288 and in Depreciation staff during the year and that Silva. Several of the development $904,084,

the improved financial results The petition was opposed by "If I walk into a shop and projects mentioned in the last The increase in Subscription will merit your approval.

Messrs George Falconer and from the buy goods

manager Report were completed during Revenue reflects the additional There remains very little for Co.

for whom (H.K.) Ltd. the the year under review.

The

revenue derived

from the in- me to add to the information the Hon. Leo d'Almada, QC, and do my dealings with same person possibly over a most important of these pro-crease in lines and the result conveyed to you by the printed Mr John MẹNelil, QC, and Mi sam

thejects, East Exchange, with of time, then

of the first full year's working statement except to stress that, A.J. Clifford, all instructed by long perod

capacity of 0,600 lines, was of the increase in exchange line notwithstanding the continuous Messrs Hastings and Company, arresi of a man and a woman principals cannot be heard

successfully put into service in Subscription Rates which came installation Buits

of

charged with conspiracy and lines, de- will appear. new the month of July, The existing

into force on 1st October, 1882. mand for service tends to in- Mr Bernacchi informed the possession of dangerous drugs Rural Exchanges at Repulse The improvement in Radio Re-ren Instead

crease

of diminish. As Court this morning that there was issued Bay and Stanley were replaced

ced venue, which I mentioned leat compared with 1941, our service by modern automatic exchanges year no having occurred in the has increased by 79% in Direct Were two other opposing credi Scholes at the Kowloon District of 400 and 200 lines, respective. He added that the judgmently, in the months of March and tained. The increase

last quart of 1962, was main-inds and by 102% in Statianators and two opposing contribu- Cout this morning when the taries who, Counsel understood, two defendants failed to appear. June.

Judge Scholes also estreated Other

heyet our lists disclose that nearly wo

would be represented by must be read in the light that

projects

completed charge for Depreciation is con-16,000 applicants still require .. S. Winter, instructed by their anil of $2,000 and adjourn- were Shaukiwan Exchange with sequent on the large increase un Initial capacity of 400 Junes Capital Expenditure during the continues to be made to remedy Master.

service. Whilst

effort Messrs every

Johnson, Stoke's and ed until tomorrow moming the case against a third defendant, prinelpie.

and an extension of 300 lines to

year.

The increase in payments the existing Kowloon Exchange, to Government by

position, it is regretted of

Counsel said that an applica- Choi Pul-bing, 48, amah, jointly with the other two him In the New Territories, a small Royalties and Corporation. Pro-

purely on

changed cation had been made had before The Judge

accused. op- oxchange of 40 ilnes Was stories diametrically

fits Tax results from the sub-grounds, some considerable time Lordship in Chambers for ad- !wo

The two defendants who A crpeal has been filed

fact installed to serve another on

the Fanling standlal improvement in Remust elapse before we are able journment today of the petition, failed to appear in Court this posed by the Foo Yau Paper Company

to one

and Sheung Shui

and Greas to a con-

to full our keen desire to meet 10

Lordship had morning were Leo Loi-lam, 28, and he had to come

which his Rad the Kni Tui atid Company

of all outstanding already agreed. Capital Expenditure during the needs clusion on those facts, sald Mr work was begun on a sipiler.

woman, and Sum Cheung-yuen, The contracts on which the

the fear amounted to $3,368.605 applicants.

IBD. Counsel further stated that the 30, unemployed

They original claims

brought Losoby. It was the case for the exchange for Shatin were

This work has resulted in the of which General Plant - The progress made during the Court had before it the certifiente were at the last hearing de- worth Mivalved $854,506

of plaintiffs that Shek was trans-

provision, during the year, actual the agent with

nt counted for 85%. After allow past year in

Patrick Yu, the provision of plaintiff Hix newsprint

of compliance by the Registrar fended by Mr new services comprising 4.065 ing for Depreciation of $2,000,- new services is

well as the equally satis

nolice of the instructed by Messrs Hastings. Arms (which included the pre-

Direct Exchange Lines and

and, w when vlowed in sent three respondents) claimed and had been the agent since

names of the creditors and con- relied on 1948.

1,883 Extensions, making a total 705, the net increase in the book factory Plaintifs

of Fixed otal value they bought a total of 1,500 lang 1948. P

development is the light of the This figure $1,202,502. of 6,548 Stations. various facts

USA | tributaries supporting or oppes- which you have of newsprint

programme tons

from the sum total of the

B Shek

ming. record with that

was carrying

for new services pro- appellents in 1950 and none was

shows that energetic vided sales

in any him in

card as

your since delivered, although some $185,-

1948

have been taken and are the 000 had been paid os deposit,

war, and possibly in the Com- purpose of manager for

pany's history, and I think we compelled to draw your atten- the continuing demand for the brokers; that in the 1940 Dollar

have reason to be satisfied with tion to the adverse balance be Company's services. The fact Directory he was shown as sales

what has been manager; that the chop he used

achieved, ag

tween

Current Assets

and that you anticipate that revealed by the following com- Current that

Liabilities, of the Company and

although parisons: held out that its the

to finance this large pro- user was

Pre-War 31/12/02 31/12/83 last year, I was able to report authorised person,

the

a substantial improvement in Direct Lines 17,000

gramine out of its own re- 25,340 20,01 that the receipts were Stations

St. Patrick's Day observances of the that position. 22,000 37,870 44,424

& measure Though the in- sources, Is DEVELOPMENT the official receipt

which has been began this morning with the creased revenue and proft re- SUCCESS form by Shek; that every Deliveries

laying of a wreath at the Ceno- of equipment sulted

ac-achieved, in a considerable broker

last plainly satisfied ordered

yenr are nowcretion to

Company your

Before I second your proposal, taph by the President of St. In coming that Shek was the

person

and it will funds, no improvement in

I feel sure all shareholders will Patrick's Society of Hongkong, authority in the mater of sales; shortly be peasible to begin the liquid position is shown in the wish me to associate them with

who Installation that the selling brokers

of Cameron Road Balance Sheet this year, since the remarks you have made Supporting Dr McEmney were gave evidence all said they were Exchange,

vice-presidents, Dr. in funds have concerning the dine work put in confident that the contracts initial capacity of

Esmondo and Miss Elme Kelly produced by 5,400 lines, been all absorbed in meeting by Mr Pugh and his Staff, with- put. Extensions firm and they had put

and Capital Expenditure and in the out whose efforts this record and Mr D. R. Bland, Hon the of contracts forward as

Shaukiwan Exchanges them

Orch, cond. by David Cly have Increased amount required

been Secretary. to year would the United Development. The about 15

Also present were a number (DUCTS); 10, Francis. Scott and h commence, bringing

Orchi 10.30, One Night Stard. of the Colony's Irish Com-Stanley Black and his Orch.: 10.9. their capacity up to 9,000 lines pay the dividend recommended possible. brokers called by plaintiffs were

It is anticipated that future

OTHER BUSINESS pital

Weather Report; these acting on behalf of United and 800 lines respectively.

munity. Those present at the meeting and this was

The demand for service con- financed by the A

The buglers of the Hongkong test

their tinues unabated and will not be tained as depreciation plus un man), Mr J. H. Hamm,

were Mr W. A. Stewart (Chair-Regiment sounded the Last Post

the and Reveille, fully satisfied by the installation distributed profit but, although Hon, Sir integrity, added Mr Loseby.

Mr Shouson Chow, of apparatus described above. very much improved from the H. R. M. Cleland, Mr G. O. W. Mr McNeill contended that

Further capital equipment must position shown three years ago, still be ordered and, to this end, our finances still require care Stewart, the Hon. Sir Man-kam

M D. plans are now being prepared ful watching.

N. Chau for an Exchange

Last year,

you S. Pugh additional service in Victor

The

Appellants had dented liability for the contracts, claiming that a former employee, Henry Shek, entered into them without eny authority and collected deposits for his own use.

The the de-

DECISION OF FACT Mr Loseby said that tases in respect of which Judgment was given were pendent mainly upon a decision of fact. It concerned cleven and different causes of action it was simply not practical in trial the long hearing for the Judge to set out every bit of the evidence in his judgment. Neither party could say that all the findings of facts supported hence side or the other, the appeal and cross-appeal.

The Judge after examination

onc

party to sign the contracts

careful contracts of the

was

manager:

signed on

were

was

that

15,

of

the

the

found that the plaintiffs in three none of the brokers said any. matters had established a firm thing, and Mr Loseby replied cause of petion on which they that he would later refer to the were entitled to succeed, and it was on the way to that that the Judge made his finding of fuel. said Mr Loseby. The

or

Coxts

were

exact evidence.

The case is continuing.

NEW ASSAULT AWAITED

(Continued from Page 1)

Judge found that the plaintiff's suing upon a binding contract; whether he used the word "estoppel",

au- authority" thority" or "Imprent or "expressed authority" or not did 410 not matter. Although

were destroy the rebels on paper, as multiplicity quoted to him, the Judge only he could not destroy them in elted one. He adopted the view action).

Meanwhile, on the coast of have they?" that where estoppel was being

considered the really vitally im- central Annam, French and contentportant matter was not to note Vietnamese forces are striking which had north along the shores of the China Sea from the recently been decided

their own

but the captured rebel port of Qui Nhon, fundamental principle on which it is officially announced here. the cases had been decided, The post is stated to be, In Estoppel at one stage cy another good working order though the Into the present case. entire European quarter of the

town had been

the razed by

they to

been keeping him these

months, asked the magistrate.

"He appears to be Just to wander about," said the probation officer.

DESTINATION UNKNOWN CHAT do you

*W

the mass of comes

Lacta in most

want 10 We say?" the magistrate ask- ed Philly

"I'm. Just sorry, thai's all," Phillp answered, the music of

Wales,

"Well,

in his voice. "Yes, I'm

is only wandering,

Sorry this

·

Mr.

going to discharge you," Wightwick said. "But you'd

better get some work,

ald

como

upon

CASCS,

If on a person's representation Vietminh, forces before

was induced another person

do something, then the former evacuated it, taking the entire cannot at a later stage be heard civilian population with them.

to deny what was represented.

BINDING CONTRACT

Mr Loseby said that in the

Reuter..

original case he was suing upon Two Gangsters"

or onc a binding contract made by

day you'll get a silft sentence United Development, signed by Found Strangled

for begging. Discharged condi- tlommily

Phillp

their оп

om

chop,

that

been

way.

to hand

Kowloon.

to

the

venue.

Assets

ALL ABSORBED At most meetings since

theg

to be taken to meet

war tho Chairman has been

with an the

East

are also

to

Increases

expenditure can

the I

amounts r

оф

The

I will be able to con-

not

T.

had agreed Mr Lama 2.

the Hon.

Director), Mr Lo Koon- kan, Mir Leung Yerk-yu, Mr

1 Informed

to limit the

of A.

and leave a reasonable

Perhaps It

the

is fitting

Government as

J.

the

that the Directors A small automatic exchange with Government will be provided to serve the growing Aberdeen area and the dividend to $1.40 im respect growing requirements of Tsun the year 1852 and 1933. It is Braude, Mr Koksang Wan will be met in a similar satisfactory that the Company's Woo, Mr G. B. Labrum, Mr A.

Bowden (representing profits

are such as to crable the Lombard Insurance Company, maximum dividend to be paid Ltd.), Mr R. O. Baker. (repre- RADIO-TELEPHONE SERVICE M

gin.senting the Hongkong Land In- margin. The demand for this service

to vestment Company, Ltd.). was well maintained and a re- duction in calls to Canton and reiterate that the terms of our G. D. Smart, Mr F, Grose,

franchise stipulate that, after D. B B. Sinclair (representing the was offset by in- Shanghai

Insurance Society of creased traffic to other parts of allowing for 12% dividend on Union

paid up capital, herent us and Mr. A. R

Canton, Ltd.), Dr. Mok Tai-tin the world. New services were

Reld Acting provided to Djakarta and India cosa goes to

of Secretary the Hongkong during the year.

It is clear that the record re- Telephone Company. Ltd.). Revenue amounted to $803,-

bave mentioned · could. The Hon. Sir Shouson Chow 920 os against $825,070 for the sults I

not have been achieved without and Mr G. O. W. Stewart were previous year.

the Board Revenue

amounted to $983,-hard work on the part of the re-elected to 920 as against $823,676 for the Company's staff and I feel sure Directors on the proposition of previous year.

you will wish to be associated Dr Mok Tal-in, seconded by

Baker. R. O. the Directors in con- ACCOUNTS

with

Mesars Lowe, Bingham and The audited Statement of gratulating Mr Pugh and his Matthewa were re-appointed

the year Accounts for

endedStaff on the work they have put the Company's auditors on 31st December, 1993, shows

proposition of Mr A. J. net profit of $3,470,630. To this has to be added the amount at the credit of the Profit & Loss Account at 81st December, 1992,

count, you

balánccs.

Royalty.

Mr

the

of

in during the year”.

HIGHLY SATISFACTORY Seconding the adoption of the Bowden, secondled by Mr. F. Report and Accounts, Mr G. Labrum said:.

.

Grose,

Jumped Bail

St Patrick's Day Observed

Dr J. H. McElney.

the

P.

Radio Hongkong

H.K.T.

Timo

Signat ond Fro Summary: 0.03, Lucky

Requests Dip - Variety

pres sented by Margherita (Studio); 0.09, Weather Report 7, Tirie Signal and Work News (London Relay); 7,10, Excelion Talk by Candidate for the UTH ·Council-Mr G. 0. Jones |Recorded): 7:15. Orchestra, of the Week=NB.C. Symphony Orchi, cond. by Artura Toscanini; 745. Letter from Amteries by Alistair Cooke (Recorded Lendan. Helay);. & Mule from the Bhows of Jerome Kien

30, Pse Recital by Caroline Brea

(Studio); B. Tine' Signal.", Wednes- Theatre The Saint and the Storytellers A Programs for Baint Patrick's Day, Devised and BRITI Han Bell 050, MURC of the People.

RBCTS) Northern Ireland; s

11, Time Signal. Radio News Reel (Recorded London Relay); 11.15. Goodnight Music Mude by Borodin; God Save-The Queen;- 11.30, Close, Down

SIDE GLANCES By Galbraith

1:27

of $399,379 making an amount Your statement, which must of $3,870,000 available for ape have been read by all share propriation, The: Directors', ra-holders with great interest, de- commendations are shown in tails restilts which can only be Mr Lawrence Leong at Kow- the Company itself

their Report and will. I-hope, ragarded as highly-mátisfactory loon..........this: morning. issued m Chicago, Mar. 10. cial form and chopped by the mooched off. A young-

and it

meet with your approval. and' Company.

That

A physician said today man gonig nowhere in particu-

From the Profit & Loss Ac-the mare can be no doubt that Bench warrant for the arrest future prospatia of the of a 26-year-old PWD architect, was here that catoppel might two gangsters found dead in an Jar und in no great hurry. 1

the con motor

will observe that Company in, was put on

David: Tu of 4. Kimberly New had trunk

_aro·-bright. come wondered what his private

Working

19609 STILL WAITA Street, 2nd floor.jpg tract by Henry Shek, a duly

Cook County strangled and thoughts were and whether he authorised person. It was his authorities, suspecting a new

Accounts, these frome:

d with malicious damage had his case that in everything he did form of gangland execution revenue show an increase Orchidee meeting, theThe defendant who is charged Shek had full authority, that had been NCEP-

believed they $2,882,318. Charges have in- The Dinoctora" Report and ball 62 3100 restreated when he ho was doing something, which may have

doped into

Abelted Statements of Ac- falled to appear in colirt, intoa mood by $1,408,418, making a to stupor before being gatroled. net gain of $882,005. The main counts Long Dress year ended I) is alleged that, at Kimberly and he was authorised

had been doing since Dr Jerry Kearn, Coroner's factor in achieving this in Bist December 1953, were ac- New Street verterday the de 1048.

pathologist, Bald he found, the crease have been incrone Incompanied by a Statement, offendant maliciously damaged : a Estoppel WASTA rule of two men, Paul (Needle : Nose), Subscription Revenue of $2-planation on the Accountry howly, lahtay of private cercar

495,858 and 15. Radio Rovento

reporti

When an IN RAM, Be Printed "ann 350 ecidence only and could never Labriola and James Weinberg,

Technical progress and Ek9782, jo ba

vaadetinated and on behal⠀ LEV establish an action of itself. The ex-convicts, had been strangled.: 0113140.244% These have been outillag plow for cer

Sk) Wyndhẩm/ltreet) Judge had this rule plainly !in. -United Press,

by: Increase in Royalies palon am sure you wit be to be: $80,

had once had dreams and hopes of doing great things, and what could have become of thoso dreams and hoper, and when they had died in him, and why.

What's His Lína ?.. Solution

A DIVIL, SURAAVANTA «London Kayrene, karviai

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