1955-05-16 — Page 10

China Mail 德臣西報 中國郵報 All

JOHN HASTIE & CO., LTD. SHIPS STEERING GEAR,

¦ ENGINEERING 2QUIPMENT CO., LTD. ELK. & Shanghai Bank Bldg. Tel. 27789

CHINA MAIL

1848

MONDAY, MAY 16, 1955.

JOHN CLARKE'S SHOOTING THE SIDE GLANCES By Galbraith

CASEBOOK

No Music

was the merriest tune

The meant to play on his

flute to beguile the crowds ir. Tottenham Court Road, and persuade them to pro- vide a lining of small silver,

even of copper to the one pocket that was still intact in his old, ragged clothes.

So he stood there, the ad man named Mick, and thrust-his delta-shaped beand upward and towards the disinterested passETS-

by, meaning to entrance them words and the bewitching fute

with

music.

occasional weil-chosen

"Spare a copper," he cried, "for the music. Spare a copper for the music of the Aute, that you'll not hear played better between here and Cambridge Circus.'

"

ONLY

HIDDEN

ANLY one thing was lacking.

Mick get so lest in the rap ture of his sales-talk: that he forgot to furnish himself with the article he was seiling-music.

FAMOUS HOZU RAPIDS

BY. EDDIE PASSOS

Kyoto's marvellous scenery and aged-old cultural heritage have made the city a place of heart's desire not only for the Japanese but also for visitors, to whom the whole city is a museum, as it were, where the embodiment of the Orient is enshrined.

In outstanding contrast with the glorious Tokyo and the enterprising Osaka, Kyoto is a city of peace and serenity nestling in the heart of woodlands and traversed by the historic Kamo River.

The Japanese capital city for was almost shoulder high. His car was loosely held by an old over a 1,000 years prior to its

which he frequently removal to Tokyo, Kyoto with rope its population of 1101,854 is dipped into the river, to keep considered one of the most it from burning with friction" beautiful cities the country. Behind us, in the stern, was During my week's stay in another oarsman, who also look- Japan through the courtesy of fed too lightweight for any hard

which has been in-

these тел rowed with the poretic

its Constellation

020 metronome; regularity to the Far East, 1 visited

to tire, they never seemed We arrived there by Tokyo after a seven hours and 23 minutes ride. Most visitors consider Kyoto

In cities in one of the greatest Japan with characteristle traits of its own, and a temple town with its 700 Buddhists temples

But soon paddies, and Shinto shrines. found there are other things of great interest.

British Overseas Airways Cor work. Under way however,

Flis flutes he carried two re- this old city with other BOAC

ed tucked into the belt that held from

"border-like instruments-ranain-

up his trousers,

They were hidden by so marry waistcoats, coats, overcoats and mackintoshes that the policemen who watched Mick approaching prople in Tottenham Court Road may be forgiven for not knowing they were there at áli.

and

particularly the man at the bow

who also" controlled the course of the boat with the weight of his body.

some parts the river s wide, quite shallow and as still as a milipond.

F.

On either side are. rice

streiching

to away the hillside. Sand pipers run their amusing, jerky fashion sandy beach. The According to our itinerary along the The pollee approached Mick.

was the creaking of "We're arresting your for beg-Prepared by the BOAC, we were only scund

going to take part in one of the the cars. ging" they said,

Livellest

Then

we noticed the hills of engaging the

coming closer and huge Hozu were pastimes-shooting

rocks began to line the rapids,

Our guide explained to us Hozu on both sides. A hawk soared lazily overhead and dis- appeared into the brush. From erund of afar came the lonely a train whistle. The river began to: narrow.

"AVA

ARMY AND NAVY

" Mick WAY, mco,"

cried the policemen), who seemed to be surrounding him. "Can't you see I'm playing my wee fute?" He hoisted the flutes from his belts, "Come along." the policemen said.

At Clerkenwell Court, Mick pleaded not guilty. He listened patiently while the police told Wheir

the

story, keeping himself in hand, though his beard vibrated from time to time as if it were seckesinen for his feelings. Then he went into the witness-box.

"I play my fute cometimes to

"and he said, babies," mothers cametimes give something. Being it's years since I got my discharge from the Army and the Navy, and yesterday the day before my pension, well I thought I'd please people-the babies and ali,"

Tue

reven

YESTERDAY WAS DIFFERENT QUT the officers didn't hear said the you perform,”

"BUT

magistrate, Mr T. F. Davis.

**Is

it true that some people gave you..money, as the officers have said?"

"My customers is a very good public," Mick said, and I rather think two women who knew I played the wee fluter for babies did give me something."

The cfficers say you spoke to two women."

way

"I was just saying "Where's your wee children." Mick said. "Look, I always plead guilty to me drunks, but yesterday different. They went and took me fingerprints and everything They said I was begging i hope you'll deal leniently with this, for I've never had a berging awit me."

|

the

IN FUTURE... ❝ISTEN," said the magistrate.

**You can

play on flutes, but you mustn't play oa people's heartstrings, d'you un- derstand?"

+

"I'll always play on me flules in future." Mick said accommo- datingly. "All I can say is I'm very sorry about this. Exe- (and he dwelt or the syllable). Ex- ecedingly sorry."

"Discharged conditionally," said the magistrate,

"Aye, aye, very good sir," ald Mick, remembering the Army and the Navy, and he

that it is great fun and not in the least dangerous. It requires only about half a day and most tourists include this item their hedule.

Besides

in

enjoying the thrill, he said, one would also enjoy the picturesque scenery which was varied during the two-hour ride down the curving course of

the Hozu.

..

grey

THE FIRST RAPID Trên I saw ahead the Arst frothy water, rapid-whirling, wet stones and a drop-off of about three feet. The Japanese

rested on their cars except for

The crude, unpainted boats used by lourists for shooting the rapids.

in

We drove from Kyoto to

the stern who & the man country village named Kameoka braced his oar more tightly where the boats leave, The and looked sharply ahead. hour long ride was made in a Suddenly the man in Locess luxurious touring bus with with the pole became animated very attractive Japanese guide and in the nick of time kept the dressed similar to an air hostess. boat from dashing against a big. The road all the way was jagged boulder far out in the interesting winding through the outskirts of the city. crossing

"T. ROG UL &. Pat 14. "Crpr. 1984 by ME4 Borsies, ka,

"Well, just remember I didn't want to come and see them again either, Henry-but they do owe us this dinner!"

$34,523 DAMAGES

CLAIM SUCCEEDS

Judgment with costs for $34,523.87 for damages for breach of contract in connection with the purchase of 1,500 tons of Hankow horse beans was awarded Kian Gwan Co. (China) Ltd., of Room 310, Hongkong Bank Building, plaintiffs, in an ex-parte action before Mr Justice James Wicks, Acting Puisne Judge, in the Supreme Court this morning.

Appearing for the plaintiffs duced two contracts entered into was Mr Terence Shurlock, in with the defendant, for 1,000 structed by Messra Johnson, lons and 500 tons respectively of Stokes and Master,

Hawkow horse beans. He also Mr RW. S. Winter who produced three, other contracts was in Court informed his which they entered into with V. Lordship that Messrs Brutton Berg and Sons, Lendon, for the and Company who were named sale to them of 1,500 tons of

for that commodity," the record as Solicitors the diefendants in the case had по further instruc-

on

"Witness said defendants failed

SHEAFFER'S

ADMIRAL SNORKEL PEN

Lighters Damages Claim: Evidence For Defence

Further, evidence was heard before Mr Justice J. R. Gregg at the Supreme Court this morning when the case for the Defence continued in" the claim for damages brought by the' Hongkong and Kowloon Wharf and Godown Co., Ltd., against Wang Kee and Co., stevedores and merchants.

A witness at this morning's proceedings spent much time by Counsel's table explaining by means of models on a scale plan of the Kowloon Wharves ares how various incidents occurred.

Plainties: де claiming damages totalling $70,533.18 from defendants arising from the sinking of four of their lighters and damage to three others during the typhoon of Septem- ber 1953. Plaintiffs alleged

2. negligence on the part of defen- dants whereby lighters belonging to defendants were adrift and

bare down and collided with

plaintiffs' lighters.

Confiscation Order Quashed By Judge

Fourteen tons of Japanese spun yarn, falsely labelled "made in France" was restored to its owner, Ko Ling-pok, by a judgment of Mr Justice J. Wicks in the Appeal Court this morning quashing a 'con- fiscation order made by Mr Hin-shing Lo last De cember.

The Hon. Leo d'Almada, QC, and Mr T. A. Shurlock, in structed by Mr R. A. Wadcson, of Messrs Deacons, are appear ing for plaintiffs, and Mr John McNeill, QC, Mr Leslie Wright The yarn was "confiscated after the conviction of and Mr Victor Gittins In- another man, Siou. Siu-chow at the Central Magistracy structed by Mr Y, K. Kan, of last November for having applied the false trade descrip- Messrs Lo and Lo, are repre-

tion. The appellant, Ko, then represented by Mr Patrick senting defendants.

Mr J. P. Hewitt, Senior Sub- Yo, claimed ownership when the application for confisca- veyor of Ships, Marine Depart-tion was made to Mr Lo by Revenue Insp A. L. Tokley,

with Mr Justice but failed. ment, is sitting Gregg as Assessor.

Kwok Tim, No. 1 lighterman Mr Justice Wicks held that the of defendan: Company's lighter Magistrate was justified in finding Dolley.

who had begun his He was not satisfied that Ko evidence last Friday when he was the owner, but the CrowN

said he and his crew abandoned

onedhaving conceded in the Appeal the Dolley when her ropes Court that he was, the goods securing her to the steamer should be returned to him $9

at Kowloon

hari berthed

Ordinance.

No. 3 North, broke and he was not a person shown on the proceedings to be guilty of

offence. she appeared in danger of sirk-

against the ing said that while they were on board Nellore he saw Dolley drifting towards the Fraya and collide with plaintiff Company's er 24iled for ard by the part bow of the Nellore.

Kepi

then

In his appeal to Mr Justice Wicks against the confiscation 50 was represented by Mir

Brook Bernacchi, instructed by Mr R. E. Moore,

1

applying a trade mark or marks to goods the burden of proving the Lent of the proprietor shall lie on the defendant.

"It now being conceded that the goods belong to the Appellant, and fe, not befor a person shown on the proceedings to be a person gility of an offends against the the order for forfeiture Ascation is quathed.

Ordinanec, and cont

Tourist Chief In HK

Visiting Hongkong on his way

CLIMBED DOWN

THE ISSUE Speaking of the application to the Internailonal Chamber Witness said he climbed down

for confiscation before the of Commerce Congress iri is Mr Cario Kampini, to 22 are attached a length or old wire he found on board the Magistrate, Mr Wicks said in Tokyo,

who is a member of the Italian Nellore to the Samson post of his judgment:

The issue appears to have been as party. He then returned

|to whether or not the Appellent M Rampini, who is also. the The defendants, Sincerity Trading Corpora- the Dolley tion, of 192 Nathan Road, fourth floor, were not to the Nellore, made his way knew the Japanese origin yarn was manager of the Italian Tourist

the Wharf and stood at its june-being labelled "Made in France" and present in Court and were not legally represented. tion with the Praya, where he to whether or not the Appellant Company in Rome is going to

why the outer of the 3 o

The Tokyo to join his party and to watch.

Appelant gave evidence saw "another of

the face of it appears to be fantastic arrange any touring that they point of bis lesowledge of wish. to do while. they are defendant Company's lighters, on the

He will be staying the Fookley, the

drifting existence going on in the there. also

of di tons of French 10 days of the Congress and icwards the Prays and saw. It origin spun yarn in Hongkong, which

Witness would seem to be casangat to the then he has to return to Rome bump into Dolley.

Appellant assumed the wire rope he had acting at the Appellant's evidence

case, is brushed aside. for the World Petroleum Con- 5. for a whole there was every fat gress, which opens on June fastened to Dolley broke,

Crt is arranging the accom- both Dolley and Fockley then Action for me Magistrate to dis

beeve the Appellant entirely.

modation for the 4.200 delegates commat see how He could have chann began drifting in to the Prays.

who will be staying in Rome. They went past a row of lighters otherwise mod in the rent there moored by the Wharf below the was ampio ground for the Magis "Rome may be a big town." be trate's finding that he was not said, "But to accommodate 4,000 tions. Counsel asked permission to carry out the contracts for bows of Nellore and eventually satisfied that the Appellant was the people is no easy matter."

the delivery of the horse beans came up against the Praya wall. owner of the yard

"The Appeliset gave notice that Opening the case for

and for that reason they had to the

By this time Dalley was be plaintiffs, Mr Shurlock said buy the commodity to

in this Court evidence or further buses." fulfil ginning to sink, said witness and he would opply for leave to adduce rangements in Italy are the CIT These are buses carry- their own contract that the action was a claim for London firm.

ownership of the with the some Europeans boarded the evidenced of two contracts

He produced a Foolley and towed her towards a The affirmation of the Apple Ing about 32 people... They have number of contracts for the the

Wharf to suppers shows that do the a bar, and one is waited on by corner by No. 4

puidence sought to be adduced me hostess, who speaks four sum claimed was $34,7 purchase of 1,500 tons of Han- Dolley sank after 7 am.

this Court must have been in the International languages. These kow horse beans from the Witness adried that he saw

pomelon of the Appellant at the Chinese American Corporation No. 22 also adrift

stever, of the

buses make trips round the north _heactor_batore and order

in Their total loss was $34,523.87.

Magistrate, and at the Appellant | and south of Italy and in Sicily. to avoid a collision between 22

was represented by Counsel there. They are very popular with and Fookley, the latter was

(CAL, 200, To grourids on, which the

Americans. Witness said that they learned towed away.

application could have been granted. Lighter No. 22 Had the matter remained there this appeal must have been dismissed on ground that the Appellant had Įtatied to establish that he was the owner of the yam, and as a remut could not be a party aggrieved.

DECISION" INVOLVED "At the hearing of the appeal Mr Bernacchi, who now appears for the raised the preliminary Appellant, point regarding ownership, pre-

to withdraw,

breach the 523.87.

а

and

He said that in the statement of claim the plaintiffs alleged that on September 9, 1953, they entered into

contract with defendants to buy from them 1,000 tons of Hankow horse beans at $432 per tem eit Rotter dam.

the

the horse bears delivered to drifted in towards No. 4 Wharf them by the Chinese American and then sank across the bows Corporation were from Cantón. of Dolley, coming to rest on her He declare there was no restric-side. tion of export of this commodity from China,

Unfit

To Be of these lighters pushed Dolley This disposes of the question

Tried

plied from his belt the flutes rise we saw miles of magnifi-ng our bozi" missing the rocks, art by the Peking Board of

FAILED TO SHIP Plaintifs further claimed they entered into a similar contract on September 10 for 500 tons of the same commodity. The state riet alleged that defendants failed to effect shipment of the goods and that as a result of that plaintiffs suffered damage,

Plaintiffs stated, that in order to fulai a sub-contract into which they had entered: they purchased Hankow horse beans elsewhere.

Counsel. drew

Court's attention to the particulars of

"The report from Dr P. M. the damage as set out in the Yapp says Defendant is unft to claim.

be tried," said Mr Poon Yan- Some

of us were sprayed with

Mr Shurlock said that defend- hoi at Central this morning. "The ants, in their statement, denied charge of assaulting a Police the river near the Katsura de- the churning water as the craft tached palace and emerging in tipped down to the lower levelet shipment of the goods, duty is dismissed. Defendant, is Praya wall between

that they failed or refined to officer in the execution of his the country. Our guide told us About 20

beyond was 20 yards that we would pass through the farther rapid, and then another They father stated that the to be sent to the Mental Hospital Nos 3 and 4.

and, sure and another. And all the time commodity was prohibited for for treatment." bamboo plantations enough, as the roads began to during the excitement of watch-

on September 30, 1953. Ho Chu, 47, unemployed, was NO PROHLEFTION

alleged to have assaulted cent bamboo grover reminiscent we could hear the scrape of

Counsel said that in that detective who tried to take him of the tropics.

rocks on the bottom of the old

connection the export manager to the Police Station on April Just beyond. the village across grey bost

the stream

of the plaintiff company, who 17, for enquiries about a shirt narrowed and expanse of green fields

be called is the Hozu and we crossed it deepened and crags on would

to give in his possession. became a certain point by a

cliffs evidence, would say that there

Defendant, who has had his with little pides and firs was no prohibition of the export long curly hair shaved off bridge. Drawn up along the stone banks were crude, wooden clinging to their summits. Before of Hankow horse beans from protested violenty, saying that boats about 25 feet long and the next rapid the boat passed China.

he was not crazy, and pointing clear, deep green Mr Tú Tze-ying, export man- feet wide.

to his tatoo, He was finally The boots a beautiful,

of pihintiff company, pro- taken into the cells below the seemed never to have been pool where some of us would ager

short

courtroom. painted and were aged by the have liked to stop for a

SWIRL weather.

For over an hour the adven

folk and famous for its cherry ture continued until the hills blossoms. As our party was too big for became" gentle again and here Toy stllery and food vendors Sea Snake At one boat we were separated and there

small tea lined; the tree-shaded appeared

walice Into two beats and after seven houses among the trees. Visible and scores of people streamed Silvermine Bay of us lambered on board three were

bright across the wide bridge spanning

trum

that looked like recorders flourished them like peters who have a farfare un prder.

But before he could reach his lips with them he was led away, and the case was ended without musical honoUIT.

Failed To Pay For His Food

44

Wong Kam-tin, 33, walked

into a cafe in Nailan Road, on

T.

an

open

at

three

THE TRIP BEGINS

either big

A

side

Japanese

The

casa con-

The issue is a simple one. Section 3-(2) (8) of the Merchandise Marks

goods

One of the latest tourist ar-

L-Driver Fined $200

NOT HAPPEN Mr Gitting: Flaintlik say the Judgment with costs in the Dolley drifted down broadside amount claimed was entered by

on and struck the outside three the Court.

of the row of five lighters be- sumably on the basis of the ap A learner driver was fined low the bows of the Nellore.plication for leave to adduce $200 by Mr H H B. Howe, at

further evidence Did you see that?

and Mr Hablay. Kowloon Court this morning who' again appeared for the Re Witness: That did not happen. spendent, conceded that the Ap when he admitted a charge of Plaintiffs also say the crews pellant was the owner of the yam, careless. driving and three of breaches of his learner driver's off with bamboo poles and owners negatived in the Mag conditions by failing to display Dolley swung past the outside rate's finding, and the

Linues, sot so much as an appeal an L-plate, driving at an un- the Praya but as involving a decision on the specified time lights towards

caïrying a and That was quite impossible in admission of additional facts,

passenger. view of the weather conditions

Defendant, Yeun Wal-kwong. prevailing. One could not stand Ordinance (Cap. 11), under which 28, of Portland Street, was at firm, let alone use, bamboo stou Slu-Chow was charged, pro- rested after a short chase by polos to fend off Dolley.

vidas: "Any person who (d) sp-Inspector Moss of the Emergency Then plaintiff's say the Dolley plies any false trade description to was hauled to the comer of No. visions of this Ordinance and unless

shail subject to the Unit at 3 am. on October 10.

Hel-man, Inspector Wong_ Wharf No, she sank off the he proves that he acted without in- said that inspector Moss was on

Wharvestent to defraud, be gulity of an

Street offence and in the same Section, duty and was in Sayuen

when he saw a car approaching Cross-examined

by

sub-section (3) provides:

"Any person who is gulity of an in an erratic mann Inspector d'Almasa, witness said he had

offence against this Ordinarice shall Moss flashed a

red-light torch been living on water since, he be liable — (c) in any case, to for to stop the car but instead of

chattel, article, instru-Lo was a boy, and became No, telt every

car drove straight lighterman of the Dolley in ment, or thing by means of or in stopping, the car

relation to which the offence has} for

Police Officerside. been committed.

Mosa specter

had to

to jump aside. Asked to show how Dolley

TWO ARGUMENTS.

to avoid an accident. secured WIN

ite way. by. Tupes to

is argued on behalf of the The car continued fta: Nellore, withness demonstrated Respondent that the words "any Inspector Mess then went back. on the plan before the Court. per who is guilty" include hy to his vehicle and gave chase. koos respective of whether they He said that after the original wave been prosecuted or not; en He stopped the car shortly after- rope mooring Dolley to Nellore behalf of the Appellant it is argued wards. The driver could only a learner driver's broke, Dolley remained secured that the expression connotes prose-

cution of the person and a Anding produce to the ship by three additional

of guilt. It is unnecessary for me licence, ropes for some, two hours, to mention the numerous authori- ·|| Witness also dropped anchor ties to which I was referred, clearly, of it being a fundamental principle of and let out 30 fathoms

our law that a person is innocent chain. He still had about 15 unul proved gully guilt cronot be fathoms of chain left after interred unless that is provided for that He agreed that the specifically in the Ordinance. I can

Charged with_robbery with and nothing in the Merchandise anchor, at that stage was Marka Ordinance creating such an violence, Chu Tsat 26, un- little help!:

inference, on the contrary the fro employed, was remanded three port of the burden of proof Sec days by Mr. T. Creedon at Kow tions, seems to be to atwolve an

Saturday and consumed a cup of coffee and four, cakes and boatmen Yahped in, and off kimonos accompanied by their the steam which is now the OL

A five-foot banded sea snake then walked out of the cafe we went

children

A enjoying

picnic Being a Sunday there were at Silvermine Bay Beach caused without paying. He was, how

The oldest of the mec sicca Children clambered over

the hundreds of families with their near panic among bathers ever stopped.

in the bow with a long, siender rocks and stones along the bank Appearing before Mr

There locking for a Creedon on this mo bamboo pote which be used and waved to us and we wave ink baskets dating here and noon on a bikers about spot to sit hurried exodus from the water dexterously to push the craft back, ing on a charge of obtaining +

from

high other END OF THE COURSE and restent and the make, was killed by be

The bodien did not look in

-was-stranded credit by fraud, Wong was sen- | jut cut into the rapids. tenced to seven days. He had A young men, not more than this and we reached the end of bower- and said "Sayonara" The mice average length three previous convictions of a 17 and welgiring about. 100 the course Arashiyama, a when we left the boat to look for an adult reptile of that similar nature.

pounds pulled on an car that popular picnic spot for Kyoto for a place to have a cool berr, species and very polscoil.

Another quarter of an hour of the least tiredThey sit smiled, pop

was:

1952

Mir

of

The hearing is proceeding.

Destroyer, Loaves

Alleged Robber Remanded

owner of goods of all liabilty under loon Court this morning 3 the Ordinance provided – the act BeCinu was alleged to have complained of in done by a avant robbed Man Song-hing tofa the master, or owner of the goods.. The destroyer HMS Comuserpine out of the way the words Wrist watch in Siongkok: How- left port for Singapore this are may promocution for falsely loon yesterday morningfying her paying off pennant It is understood a Printed sand, pubilähed by WILLIAM ALICI AL new crew will take over on and on behalf of South China Morning Fost Limit arrival in Singapore,

Wzzidham Street; City of Victoris. In the Cozzes

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