1920-01-06 — Page 3

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FULL COURT OF APPEAL. HEARING OF THE CHARTER PARTY CASE-

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THE HONGKONG DAILY PERSHTUESDAY

ARMED ROBBERY SAMSHUIPOJ

WOMAN ATTACKED WI

CHOPPER

AT

An

A married woman, living in unnumbered house at Sambuire has reported to the Police that an armed

SPORT

LADIES WALKING COMPETITION,

JANUARY 6TH. 1990

CORRESPONDENCË.

STAFF EN MANCHESTERS FOOTBALL MATCH. {[10 THE EDITOR OF TEK ** HONGKONG. DAILY FRISS."]

A large gathering witnessed the Ladies' Walking Competition, the first of its kind ↑.' "A sion of the Full Court of Appeal,

held in the Colony, organised by the Club consisting of Sir Haviland de Sausmares,

S-The team playing on Saturday Bir William Rees Davies and Mr. Justice

de Recreio's Sports Section on Sunday Gompertz, was held yesterday, to hear the

afternoon. Great intarea was entred in consisted of seven Manchesters and four appeal of Toong Yue, a ship-owner of

two and a half miles, starting" from the substituted men who could not possibly Chief Justice of Hongkong (Sir William day night.

She states that she was awakened by Club de Recreio, Nathan Rand along play, two of the Manchesters being in

Coronation Boad, Argyle Road, Pear hospital... Bees Davies) in the action in which be bad to decid, whether or not Toong Yue someone forcing open her door. When she Avenue, and back by the Coronation Road was bound to take delivery, in Hong got out of her room three or four men kong, on December 27th, 1918, of the entered the premises and asked her whore Castlefield, in accordance with the teras, she kept the money. One of the men was of a charter-party entered into between armed with a shopper; another carried a

Shanghai, ngainst the decision of the robbery occurred at her house on Satur the event, The route was one of aboutHshires. Three of the Wiltshires

and Nathan Road to the Club -

Twenty-four enthusiasts faced the star- ter. They were, grouped into six teams of four competitors each for the Team Priza presented by M. J. Y. V. Reme dios. The first prize was presented by

Perhaps the fact that we had borrowed Wiltshire Regt. Jerseys led you astray.

If your reporter was present, he will. agree that the referen might have been He might also note that the keener.

Messrs, Moller & Co, Shanghai, and torch: She informed the men that he tr. P... Botelho, and the second prize goal scored was from a corner-kick which |

Toong Yue, dated Shanghai, September

.98ch., 1918.

The Hon. Mr. H. E. Pollock, K., and the Hon. Mr. G. Alabaster, UBE, instructed by Mr. A. H. Crev. appeared for the appellant (Toong "Yue). Mr. Eldon Potter (instructed by Mr. W. E. L. Shenton) appeared for the respon denta (the Attorney-General of Hongkong and the Castlefeld Steamship Co.)

When the issue first came up for hear in, Mr. Potter's chief argument for the plaintiff was that, whereas the ship had to be delivered during the second half of October or in November, the agreed correspondence between the partics would show that the defendant requested the plaintiffs time after time to postpone delivery as long as possible, even until January, 1919, because if he took delivery within the tinie mentioned in the charter party, it would have led to a very great loss to him

in the course of his judgment (for the plaintiffs), the Chief Justice said:Two things are clear from the correspondence that the original dates in the charter. party for delivery were entirely ignored by consent of both parties; and that ap to the letter of December 12th... the char terer was anxious to obtain delay in the ship's delivery until a much later date than the delivers dates in the charter: The question is was the party.

tako delivery defendant bound. to on December 27th was the date December 18th-the cancelling -the date ie the date which enabled the defendant to cancel the charter

or

The correspondence was conducted by shipping me who are familiar with: the customs appertaining to ships charters, and I have no doubt that a jury would arrive at the conclusion on the correspon- dence itself to which I have referred that it was not the invention of the plaintiffs to fix the December 18th. as the cancel- ling date and that the letter of December 12th. in fact confirms it. But apart from the correspondence the evidence is strongly in the plaintiffs' favour.

had no money, whereupon the man with the chopper truck bar on the head, telling her that she was talking too loud They searched the premises and stole 881.

The woman has been removed to, bos- soon out-paced by distance but was

pital.

ARMED ROBBERY AT

BOARDING HOUSE. FX-BOARDER LEADS A GANG.

"An, ammed robbery is reported to have taken place at a carpenters' bearding house at 135, Cook Street.

W

It appears that all the boarders left the house and went out for a walk, leave ing a small boy in charge of the place About an hour later four men, led by another who was an ex-boarder of the establishment, broke into the premises. All the men were "armed with daggers and after tying the boy and threatening to kill him, they stole 8200, the property. of the proprietor,

ROBBERY WITH VIOLENCE.

WOMAN ATTACKED.

On the night of December 30th. a "Chinese woman was awakened by the sound of somebody attempting to break open the front door of her dwelling. Three men entered, and seizing her they tied her hands behind her back. They then ordered the woman to keep quiet, took the keys from her, and opening a cupboard, atole money and jewellery to The total value" of ~152.

CHINESE STABBED. ATTACKED "IN THE STREET.

A Chinese coolie, aged 35 year, while walking in Reclamation Street, Yaumati, was attacked by a man, who stabbed him twice, once on the chest and once on the side. The man then disappeared. The reason for the deed is not known. injured man has been removed to Government Civil Hospital.

The the

A FATAL QUARREL; OVER AN ACCUSATION OF THEFT,

Un the evidence of the expert witnesses I should hold that this date December 18th, in the letter of December 12th. was a warning date and nut a canealling date. No cancelling date is in fact specified'in the charter party; the time for delivery i stated to be from the second half of October to end of November, but this date was ignored, as I have pointed out, by the consent of both parties, and I have already expressed a decided opinion that it was not the intention of the parties to reate the December 18th as the date which was a condition precedent to the charter. As to when the cancelling date arose there is some difference of opinion. A possible conclusion on the evidence is by the Police. that when once the contract time in the

Two Chinese had a quarrel over some coal, one accusing the other of having stalen a large quantity. Words led to blows and one man whipping out a dagger from his whist-band attacked the other whom he stabbed to death. The assailant then disappeared. The deceased was removed to the Kowloon Mortuary

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resulted from the obvious off-side which

the referee did not reg-Yours, etc,

TOUCH-LINE...

Hongkong January 5th..

by Mr. J. Noronha. There was no At the difficulty in starting the Ram a fast pace. The bunch began to separate word "Go," the competitors shot off at

who [The reporter of the Daily Press Mis A. grachinly at the junction of Nathan and "Coronation roads

was present, makes the following comment. was leading by

on the o amunication: "I cannot agree V. Ivanovich, who

that the referre might have been kocner." took the lead before. Argyle Road was reached and finished a very good first. Also, cennet agree that it was an "ob- vions of side. As a matter of fact, it Bhe well deserved her victory. The sur prise of the afternoon enms when Miss was not off-side at all. The referee's job Aures Carvalho finished second, due to is always a thankless one, and players and good judgment and careful pacing, win-spectators alike would be more sporting if ning from Mias L. Remedios after a most they were less querulous over a referee's exciting struggle. Miss M. Rozario was a decision. It should be remembered that a very good fourth while the Misses referee's whole attention is centred on the touch-line " game, wherens that of a Loca, Ang. Remedios, and C. distinguished themselves by end

striding

spectator is only partly so. The refereeing They were commended for this year is i decided improvement on that their fine showing in the race and well

of last year. What all football enthusiasts deserved the applause

of the

spec and the raporter of the Daily Press would Misses G. d'Assumpeno and L

like to see legs of is the use of questionable walked fast in the small, step style and language by players on the field of play both finished well Of the twenty-four and the threatening of one player by an- competitors ninetier, completed the other on the strength of an imaginary tance, the others having to fall out owing foal ED., H.D.F.J. to the hot pace of the race The times made WLED extraordinarily good

THE CHALLENGE SHIELD Mra E. V. M. E de Souza gave away the prizes at the conclusion of the race

COMPETITION, 1-Mrs. Y. Yvanovich, 35 minutes SO THE EDITOR OF THE The prize winners were as follows:-

second's.

DALLY PRESS."] 2.-Miss Auren Carvalho, 35 minutes 50*

seconds.

BIR-An article which recently appear. ed in year columns in reference to the Challenge Shield Competition is apt to cause some misunderstanding:

3-Miss L. Remedios, 36 minutes 26

seconds.

*

Team won the team prize. Mrs. V. Yvanovich 1. Miss C. Hyndmah 6, Misy M. Roza 19, iar L. Gomes 9, total count 35,

Team B was second with a count of 39 made up of the following: Miss L. Remedios 3, Miss E. Lepes 11, Miss A. Remedios 7, and Mise R., F. Luz 18 Three cheers were called for "The Ladies" and Mrs. Sousa before the gathering broke up.)

The committee desires to thank the prize donors and all who helped to make the afternoon a successful one.

FOOTBALL.

UNITED SERVICES LEAGUE

the Carlisle have

The following fixture list of the United Services. Football League shows that the Wiltshires, the R.G.A., two teams from the Ambrose, the Aldered. For the Arst the Tamar, and time in many years, the Hongkong FC is not represented, owing to a decision of the Committee that no Civilian teams shall enter. The decision naturally lessens the amount of, interest that will be shown in the League, for the Cluby the Chinese and St. Joseph's College, all of whom wished admission into the League, 3ro great draws with the football loving public Two years ago, when the Club won the competition, they were not given custody of the Shield, as the rules. prevented it, but, instead, were presented with medals, and Club supporters cannol sce why they should not have been admit ted into the League this year: (as they were last year) with the same proviso.

The matches in this League commento in January at 4pm., in February at

list is as follows:- 4.30 pm and in March at 445 p.m. The

.

January 14th-g/Wilte v. RG.A, MIL

tary Ground January 14th-Ambrose "A" v. Ambrose

"B, Naval Ground. January 17th-Alacrity v. Tamar, Naval

Ground January 17th. Carlisle v. RCA, Mili-

tary Ground January 21st.-Ambrose "B" v. 2/Wilts,

Military Ground

**Ground.

|

1

1.

# HONGKONG

.]

I am quite sare that the Hongkong F.C., whi are the sponsors of the Shield. which was presented to the Colony for the promotion of healthy sport over a decade ago, have no intention of preventing the Navy, the R.G.A., and the Wiltshires combined teams It is of fron entering course, very desirable that the individual battleships, cruisers, or regimental com panies may enter teams, as used to bostika. custom la

pre-war days. Quce, the Camerons entered no less than eight teams in the Shield Personally, I think that if the Navy enter in battleships and Pigs and the RG.A. and Wiltshires, in comparethe Hongkong F.C. may decide to level up the strength by entering two tears, so that no one team in the League, may be overpoweringly stronger than any other.

The point I wish to emphasize is that I believe there is nothing to prevent the Navy, the B.G.A, and the Wiltshires from A circular entering the competition. letter seat to all the Clubs in the Colony says, inter alia:-

to

The rules are as follows:-(a) British regiments of the line, Royal Garrison Artillery and Royal Engineers may play in companies but no one shall play in which be company than the one belonged at the commencement of the competition. (7) Battalions and First and Second Class Cruisers may enter teams selected from their respective ship's companies. Any ships below the pank of a second class cruiser may enter combined team, or may each enter a team, at option. No one belonging to any battleship, first or second class than his ship's team. (e) Any other tryiser shall play for any other team Clüht may enter a team, (a player shall play for one club only in the com- petition each ecsson).

EL-

The italics are mine, Football in Hongkong is not in such a fourishing condition that the Civilian and the Ser vice Clubs can afford to play in Leagues independently of each other. There must be unity, and there will be unity only if things are looked at in the most reason- "able light, and discussed rationally. Just st present, there is not the best spirit, prevailing, and in the interests of foot- ball in particular and sport in general, of I hope that a better understanding Laings will soon be reached. I am in a position to know pretty well everything on in football circles. that.

and I appeal to all those who have any controlling influence Civilian or in the Clubs in Hongkong to cultivate a spirit of healthy rivalry and banish all thoughts of bitter recriminationoura faithfully,

PERMAINAN.

January 21st Tamar v. Ambrose "A,'

Naval Ground Charter party is passed there is no cadate. I think it is unnecessary to chal- January 24th-K

-Aherity v. Carlisle, Mili- celling date at all. All the plaintiffs'

tary Ground. witnesses, however, state that a warning lenge the bona fides of the defendant, but

I arrive without doubt at the conclusion January 24th-RG.A. r. Ambrose "B,"

Naval Ground notice is always given to the charterer that having regard to the position taken January 28th-2/Wilta v. Tamar, Naval and that the foal or cancelling notice up by him and his agcht Thame it was depends on the circumstances of every

Military Ground. caso, e.g., repairs, inhour, etc., and that mot imprudent to by a sub-charter with January 28th-Imbrose "A" v. Alacrity, a cancelling date at Haiphong ca Decem definite notice cannot be given until the ber 24th. In fact he was not justified in January 31st. Ambrose "B". Carlisle,

Military Ground. ship is ready to lönd Furthermore, doing so without further communication January 311. Tamar v. RG.A., Naval

with the plaintiffs upon it.

Ground. Mr. Pollock, yesterday, in opening his case, mentioned that the Attorney-General February 4th-Alacrity

Naval Groand. came into the case as a plaintiff because, as to the meaning of the words on or for a short period of the twelve months February 4th Carlisle v. Ambrose “A,” about," but here again I arrive at the with which the charter-party- February 7th Tamár v. Ambrose By

Military Ground, conclusion that the phrase is indefinite and cerried, the Castlefeld was under requisi

tion by the Hongkong Government,

there is considerable difference of opinion in the evidence of witnesses on both sides

depends on the terms of each particular The Government part in it was so small for 724 round

the

9/Wilte

7th-Ambrose "A". RG4 Naval Ground charter. It is unnecessary to go into that he was readily accorded permission, February 11th.

V. Carlisle. 2p:

Naval 2/Wilta. detail into the evidence of the expert wit-while acting as Attorney-General, to

pear on behalf of the defendant. The ness. From it I arrive beyond doubt at read plaintifs were

February 11th Ambrose "B" v. Alacrity, Castlefield Co. the conclusion that the terms of the latter and it shareholders. In this connection Military Ground.

February 14th-Ambrose, “A” 6. 2/ Wilte, of December 12th, can only be regarded he would point out that two of the prin-

Military Ground. cipal witnesses for the plaintifs, Mr.

February 14th-Carlisle o. Tamar, Naval in the light of a warning notice, and, Eric Moller and Mr. Holthan, yere apt

Ground that having regard to the fact that the independent witnesses, because they were February 19th-Alacrity v BGA

directors in Messrs. Moller & Co., which

Naval Ground ship was undergoing repairs, delivery on

"Co., a private company. He sub- also having regard to the defendant's mitted that, according to the terms of the defendant had an opportunity of Furthor, any v. Alacrity, Naval It was strongly urged by plaintiff, admitted that, according to

Hongkong, January 6th.

March 3rd-Ambrose

́v. R.G‚Å‚ March 3rd-Tamar v. 2/Wilta, Naval

Military Ground.

·Ground

March

ethderity. Ambrose “A,” Naval Ground.

March 6th-Carlisle u." "Ambrose "B,"

Military Ground

10th-R.G.A.. Tamar, Naval

March

Ground.

March 10th-2/Wilta. v. diarity, Mili

tary Grodnd.

March 13th.Ambrose "A". Carlisle,

December 27th. was not unreasonable, and were the agents of the Castlefield Steam- February 18th-Ambrose "B". AmbrofiuMarch 13th. Ambrote. “B” (v." Tamar,

ship

attitude in the transaction it would cer.the charter Pancelling it at any time.

by strict

Naval Ground

Military Ground.

Mtoarch 17th--RGA, v Ambrose “A”

A," Military Ground February

21st.-R.G.A v. 2/ Wilte, tary Ground

Military Ground

arch th Carlisle v. 2/Wills, Naval

Ground

GroundRG.A v. Carlisle, Mili- March 20th Alacrity v. Ambrose "

the defendant's agents in Bhanghai and after the correspondence SH NOW OD February 28th.Ambrose “A”. v. Tamar

date

the charter.

February Clause 33, November auch was the cancel tary Ground. Mr Pollock that the telegrams between ting date. The defendant zabmitted that, February 25th-7/Wilte v. Ambrose “B,”

Naval Ground analogy, the

cancelling

The bearing Insted of December 12th, fixed the cancelling ing. It will probably last through this day and was adjourned until this morn: (Continued at foot next column.) week

Hongkong as to the sub-charter demon- or about December the whols of yester

atrate: bie bond fide. belief that tho letter

Military Ground

Military Ground.

March 20th./Wilta. v. Ambrose'

Naval Ground.

February 28th--Carlisle Alacrity, March 24th.-R.G.A. v. Alaer

"Naval Ground.

(Continued of foot of next column.);

March 24th-Tamar . Carlile, Mili

tary Ground...

Neval Groundtran April 1st-Winners : The Rest

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