1957-10-10 — Page 10

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THURSDAY, OCTOBER 10, 1957,

Skrip

APPEAL IN LIBEL ACTION

Actor Alleges Paper Story Had

A Defamatory Meaning

An appeal against a decision of District Judge James Wicks, who held that an article published in the Chinese news- paper Wah Kiu Man Po was not capable of any de- famatory meaning, was heard before the Full Court this morning.

relying on any

The Full Court comprised the brought him inte ridicule, odium Chief Jusuce. Mr Justice M. J.jand-contempt. logan, and the Senior Pulstic lie was not Judge, Mr Justice T. J. Gould. Imitatio, Counsel went on. His contention WRS that SHELV

sum.

Chinese +1

respondents

The appellant is Cheng Wut-ordinary reasonable person netor. The reading the words of the tele are the Overseas would tend to have less regard Chinese Daily News Ltd, pro for the appellant. prietors and printers of the Wah Klu Man Po; Shum Wal- sau, publisher; and Au Yeung Pak-chuen, editor.

The appeal, which was by way of ease stated, was for an order that the decision of Judge Wicks

dated August 6 be wholly re- versent and that the case be re-

"We don't rely on the fnel! that the appellunt is an actor," Mr Cheung stated, "We don't say he defanied in 'his calling, but we say he is defamed in his personal character ́and re- pulation,"

mitted back to the District Court Mr Cheung said the Judge uught for the determination of other Issues raised in the

and for costs.

Claim

pleadings,

to have ruled that the words

defamatory were capable, of meaning, and then gone on to decide whether or not they were in fact defamatory.

While it was possible, he said,

Owner Will

Lose Space

In New Building

After ching from law books, By replacing a 70-year-old houte at No. 43, Gago Street neor Hollywood Road, with a modern five- storay structure, the

will owner

lose 300 square foot in floor space. Mr Y. O. Lee, architect, told a Tononcy Tribunal this morning that the size of the now building had to bo reduced in order to conform with the require- monts of the Building Ordinonco.

The actor claimed damager for alleged libel in respect of that the article, when read as the article, published in the whole, might bear an Inoffen- newspaper's edition of Novem-sive or innocent meaning, quite her 27, last year.

obviously the Judge could not hold that they were altogether Defendants denied that the incapable of bearing any de-

were capable of any fanatory meaning at all, meaning defamatory to the plaintiff. This issue was the one dealt with by the District Judge, who dismissed the action with costs.

words

The article purported to tell of a street ineident involving the plaint in Macao.

Mr Oswald Cheung is repre- senting the aetor, instructed by Me P. T. Yu, of Zimmern und C. The respondents are repre- sented by Mr D. A. L. Wright, instrueled Mr Y. K. Kan, "of Alessrs Lo and Lo.

Mr Cheung told the Court this morning that it was agreed by both parties in the District Court that this issue should be! trled first, and this was done.

Contention

Mr Cheung contended that the words published, on the face of them, had the tendency to lower the estimation of the

Made Out

Turning to the article again, Counsel said It was a story which made the appellant out to be an uncouth and gentlemanly person in the mind of the render.

un-

Mr Cheung submitted that Judge Wicks had misdirected himself on this issue.

Hearing is proceeding.

Two Cases Of

Snatching

woman

An unidentified Chinese hatched a handbag containing money from pedestrian in Tak Hing Street at about 11 p.m. yesterday.

Another Chinese snatched ก wrist watch from a woman as

respondrat in the minds of het was walking in Argyle right-thinking members of Street, near Shun Chun Street, soclety, and that the words shortly after 3 o'clock last night,

SIDE GLANCES

By Galbraith

gallamille

*TAL, RUE MI PA, DI,

"So it's the funniest hat you over saw? Weil, if a fistonod to you, I'd still be wearing those ostrich plumes A had on our honeymoon!"

on

Printed and published by Peter PLUMULY for and behalf of South China Morning Post Limited at 1-3 Wyndham Street, City of Victorin in the Colony of Hongkong, Tanga

ALL QUIET AT LI CHENG UK

Police patrol the Li Cheng Uk resettlement area while children play in the foreground. This China Mail photo was taken this morning by one of our roving photographers.

Double Tenth:

All Quiet

(Continued froth Page 1)

Tonight,

Uey will continue the celebrations with a dinner F. H. H. Wong of Messrs Mc C. Y., Kwan and Company who at a local restaurant,

Mrs appeared for the owner,

On the Island, small Nation- Cheung Chi, said that the house alist dags flow from Chinese!

to Hollywood Road residences, while larger binners was near and in the heart of the stum were displayed outside shops area of Hongkong. lie added and atop Chinese-owned office

the street was being buildings. that

hawkers utilised by vegetable and the house was of the type which Hongkong residents would like to see replaced by a modern structure.

Mr J. H. G. Way, presiding over the Tribunal comprising Mr Wong Chi-po and Mr F. II.

Enid after examining. Moody, the bullding plots that he did not see why it was not possible to build of two-thirds of the

site.

Mr Lee explained that by putting up Ave storeys, hall the site had to be sacrificed, because the final limitation was the volume of the building, and ปร

the plans utilised maximum living space allowed by the Building Authority.

Lost Space 'He and also that what the building lost in floor space, 11 gained in light and sir.

Mr F. I. Zimmern of Messrs F. Zimmern ond Company, appearing on behalf of opposing tenants, asked ir Me Lee could refer him to the section of the Building Ordinance applicable to the dispute.

A copy of the Ordinance was sent for, but as the clerk re- turned without one, Mr Way remarked that it was incredible that there should be no copy of a Building Ordinance in the

Huge Flag

hoisted on the giant crane which A huge Nailonalist dag was

is atop the new 17-storey Char-[ tered Banks Building in Voeux Road.

Des

Residents are taking things normally, going about thear -business-ar-usual.

In Hollywood Road, chiktiren with Nailonalist Bags in facir hands pornded playfully in the street.

Wanchal,

wlti its dense

poputation, was quiet.

About 1,500 people attended a meeting at the Roxy Theatre. The meeting was sponsored by pro-Nationalist cultural and

U.S. FORCES

U.B. armed forces per- sonnel on leave here have been requested to remaja in their hotel rooms today. precautionary

***

sure.

mea-

Supreme Court Library, Aeducational circles, and two messenger was then despatched short speeches were made by to the Puble Works Department Mr THO Sung-seng, former

Chinese Youth Party

to secure one.

Leader, Mr A. S. C. Comber of Messrs and Dr Nng Wen-yeug, former Hastings and 'Company, also President of Tung Chi Univer representing opposing tenants,sity, in Shanghel, questioned Mr Lee further.

Mr Lee said that the present building had a total area of 1,000 square feet and that the new one would have à total of 1,000.

fr Comber asked if the proposed building estimated to cost $38,000 were the cheapest type of construction under the Ordinance, Mr Lee agreed that this was probable but could not

No Mention

16-Year-Old Allegedly

Tropical Storm

The Royal Observatory" announced this morning that at 0a.m. Hongkong time, a tropical stormn' was centred about 280 nullos west of Manlia and wan almost stationary.

Pressure Is low to the east of the Philippines and bigh over China.

Three Boys

LETTERS TO THE EDITOR

No Free Rides

Sir I am sorry that the construction crews employed jat the new Chartered Bank site are critical of my advice to stop hitch-hiking a lift to the top of the building by riding the londs taken up by the derrick crane, as reported la the "China Mail" yesterday evening. Undoubtedly this is a

Hurt In Road quick way up, and it must

Accidents

A four-year-old boy, living on The roof-top of 352, Lockhart Road, was knocked down by a lurry in Lockhart .Ioad, near Marsh Road, yesterday. The lad W3S admitted to the Queen Mary Hospital in a serious con- dition.

201

certainly bo an exhilarating rlde; between you and me, if it wasn't my job to try and stop such practices, I wouldn't mind trying it myself-ence.

riding the Unfortunately, load is only too often a quick way down also. As the Irish- man said, when asked what It felt ko a third storey window: "It isn't the falling that's 50 bad. It's the sudden stop at the bottom."

have fallen out of

A boy of seven, Law Chun- choi, sustained serious injuries

Riding the load is the sort of triete that may be quite safe 00 when he was struck by a lorry in Des Voeux Road West,

times out of 100 for anyone Ko Shing Street, shortly before with a cool head. But accidents noon yesterday. Law is receiving | # ro prevented by adhering to treatment In Queen Mary safe working practices, and it Hospital,

Is no defence of an obviously unsafe practice to say that no Another boy, Leong Tin- accident has occurred at D shing, aged 14, received injuries particular place yet. Many, when he fell from a bicycle in many workpeople have lost Nelson Street, near Sal Yee their lives riding the loads, and Street, yesterday afternoon. He the only truly safe way to per was admilled to the Kowloon form this feat is not to do it at Hospital.

Broke Gilman's Window STOP PRESS

A Chinese boy who gave his age as 18 years old when he was charged with shop-breaking was certified by a Government doctor sa only 16 years old -- a juvenile.. Mr Hin-shing Lo at Central Magistracy was told this morning. The boy was brought before Mr Lo on Monday but was remanded for three days for inquiries, When the boy appeared before Me Lo again this morning Police in- formed the Court that the boy was only 10, und should therefore be dealt with in the Juvenile Court..

At the Juvenile Court Mr D. Denson remanded him two days

for fur.her inquiries.

The boy was alleged to have smashed the show-window of Gilman and Co., Ltd. on October 6 and stole cight as- sorted wrist watches, valued at $2,107.

GOLD HIDDEN UNDER

A

SHIP'S PROPELLER

man who pleaded guilty to importing more than 787 taels of gold without a licence, hid the gold under the propeller shaft, it was revealed to- day at the Central Magistracy.

Cheung Shui, 33-year-old ship's olter, was fped $3,000 by Mr Hin-shing Lo.

Mr G, de Basto, instructed by D'Almada & Mason, pleaded guilty for the man. Revenus Inspector 3. Wake, appeared for the prosecution.

At about 7.45 jum, on Sep- tember 4, acting on information, a Revenue party' walted at the Tal Hing Whorf. When the vessel, Wing Shun Lee, arrived the Revenue party immediately boarded the vessel and made a search.

Small Hole

Eventually, under the propel- ler shaft of the ship tha sinal! hole concealed by a metal plug, the gold was found.

Pictures o! Generalissimo

After questioning, the defen- Chiang Kai-shek, head of the dant said, "I put the gold there, Chinese Nationalist Government He was taken to the Department missing in the celebrations nor the gold was scaled in his pro In Taiwan were conspicuously of Commerce and Industry and was his name mentioned.

At noon thero was another

sence.

Speaking on defendant's be

say what rents the owner pro- meeling at the Ying Kios half, Mr Basto told the Court posed to charge for the new | Restaurant by the Hongkong nata. Ho estimated the value of and Kowloon

Д

Trade Unions that he had a wife and a the sito with vacant possession Council. This meeting attended daughter to maintain at $85 per square foot,

by 500 people, was held in con- salary of $100 a month. Junction with the inauguration

Bed Space

of the 10th Executive Commit-

Mr Peter Wond of Messrs tee of the TUT.

A few months ago, Mr Bosto sate, the defendant's mother Was very sick and eventually Mr Ho Kong, the Council died. During this time defend-

M. K. Lam and Company, he chairman, in his speech stressed | ant was $1,000 in debt, At the

the importance of welfare of last Mid-Autumn festival, nis

workers.

creditora pressed him,

pearing for tenants Ata property, asked about a bed space not shown on the plat

Mr F. H. B. Wong sold that the bed had not been in post- The Kowloon Chamber of In a moment of weakness, hè, tlon when tho architect had Comproerce this morning colo-agroad to carry the gold for visited the property. Mr Way brated. Double Tenth at their 300. suggested that both Mr Wongs headquarters in Florauntin should visit the house together | About a hundred members at for the purpose of selling the tended the flag-hoisting crzo

mony at 8 am which was problem.

followed by a tea party,

The case is contiquing.

Mr Basto also said that tiề defendant - did not got - the roword becaTIBO Do claimant had been located.

all. Only Wolt Disney's Pluto can scramble his way up again to safety through the interven- ing air after having fallen off the laod: mere humars find with grim inevitability that they have bought a one-way ticket to the bottom.

I know of course that you are

HOME FOOTBALL not seriously defending a most

London, Dol. 9. Remilts in tonight's footbali matches were:

unsafe practice, but tho' prin- ciples involved aro important. Sately in all work is achieved | by rigid adherence to sate prae- trees at all times. That is, I know, a rather drab maxim; but INTER-LEAGUE

the results of a serious indus trial accident are so terrible to Football League 3, Football the victim, and to his family. League of Ireland 1 (at Leeds) that I must Insist on adherence Scottish Football Letgut to it so far as it lies in my Drish Football League 0 (at power to do so. I feel sure I Glasrow).

have your support in this,

0

LEAGUE 1

Manchester C 2 Sheffleld

LEAGUE 3, SOUTHERN

Norwich 2 Northampton 2 Plymouth 1 Colchester. --Boukhampton 1-Swindon—-----3-

-Kleuter.

I am Sir,

Your obedient servant

D. C. C. TRENCH, Commissioner of Labout.

Briefcase Stolen

A briefcase, containing per- Bonal effects, was stolen from a privato car parked outside the Hongkong Jockey Club between Gam and 8.30 am yesterday.

SHOW HONGKONG EXHIBITION

ELECTR

THE BANISH DERISA NITRE IV ID

The British General Electric Company (GEC) is showing Hongkong what its factories in Britain can produce for use at home as well as in light and heavy. industrica.

The "Show Hongkong" exhibition is open at the Company's showroom in Alexandra House Arcade for a fortnight.........

The exhibition ranges from light switches to various sizes' et, electrie motors up to the type that can drive an electric train. Those too heavy to move. rare displayed in scale models er in drawings and photographs, such as tractors,

cranes and the like.

The home use exhibits include light bulbs, water heaters of various capa-' cities, and space heaters. Other items shown are électro-medical, equipments, which include dental X-ray and portable, dual-purpose X-ray "mithmes,

Photo shows a general view of the exhibition.

*

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