Page
F1
CHAIRMAN AGREES
"Proceeding, the CA aid he agreed entirely with a good deal of what Dr. Koch and Dr. Ozoris had said. He was in rather a diflcultsposition. He
THE HONGKONG DAILY PRESS, WEDNESDAY, SEPTEMBER 108, 1924
LIBEL ACTION..
SYDNEY QUINN & CHIK BOONG LING
must, obviously not vote for or against SEQUEL TO A HONGKONG DERBY
the motion. As it stood the resolutiou was simply to increase the Board's func- tions so as to make it a Board of Health,
SWEEPSTAKE.
4-PROTEST FROM TEB BANK. representative of the Hongkong zad Shanghai Bank formally protested which Mr. Potter called for. He had against the production of certain cheques
been saked by Messrs. Lo and Lo to re- gister a protest against the production of their cheques
libel action was opened in the As to nomenclature, to which Mr. Tee had Supreme Court yesterday morning before referred, he thought it was important La 1011 when the Ordinances were being thr, acting Chief Justice (Mr. Justica revised, the then President of that Beard Gompertz) and a special Jury, concerning stage that he had not seen the cheques Mr. Potter informed the Judge at this suggested that the word Sanitary "the Chinese Club Sweepstake on the Hong before, but the one made out to the wit should be done away with and the word Long Derby of 1993' which aroused suchness be had mentioned was for 24,100, "Health" he substituted both for the Board and the Department. It was sup great interest in Hongkong last Summer not $9,900. ported by several members of the Board. when Arbitration proceedings were car- but it did not get sullicient support Asried through at considerable length. a matter of fact the Unofficials were the Tories in those days and voted against it, for reasons which, he thought, were
squite strong.
In the Arst place. the Ordinance, which was their "Law and Prophets," was not called the Sanitary Ordinance, hut the Public Health and Buildings Ordinance.
INTERESTING POSSESSION
CASE.
THE DIFFERENCE BETWEEN MOONS AND MONTHS.
dealt with before the Pusine Judge
months notics of was threshed out. yesterday when the question of the differ
A possession ease of some interest was
once between three, moons and three
Plaintif in the case was Ng Yuk Ching, who claimed possession of 83, 67, 68, 71 Mr. M. K. Le, who was called to pand 73. Lai Chi Kok Road, under Section duos certain documents, claimed privi-4(1) of the Rents Ordinance. The plaintiff in the action is "Mr.lege. He said that to the boat of bis
Mr. H. S. Fitzroy, who appeared for Sydney Ng Quinn and the defendant is recollection bo was asked to pay by the plaintiff, said three months notice. awarded the the first prize by the Board list that was supplied to him, the sums Mr. Chik Soong Ling, the man who was cheque by various persons named on a was given on the 10th day of the Arst moon (February 20th, 1024) to expire ef Arbitrators.
pacified. Three of the people had already on the 16th day of 4th moon (May 19th), In the second place, Health" was a ceedings a number of cables from Shang- he had to need to make out cheques for required under the Ordinance for teno- In the course of the arbitration pro-signed receipts for their money, and He argued that the three months' notice good Anglo-Saxon word and." Sanitary"
taust peopl: a very much restricted mean.a contained in one of these. This cable authorising him to make the payments, Chinese and not three calendar months. was dog Latin. It had in the eyes of hai were produced and the alleged libel them. He produced (1) a note from Chirments let by the Chinese months was ing. He was sure that if any member was despatched by Chik from Shanghai (2) a receipt from this for the balance,
satisfed if that notice be for, the three proposed a motion purely on the nestion on March 2nd. 1023 to San Kam Sau
and Wong Kwong Tin. The alleged and (3) the three receipts be mentioned,
Counsel quoted a rement judgment in Mr. Potter quoted a case to his Lord. appeal case in which both Mr. Justice ship to show that privilege was not ap-Gompertz and Mr. Justice Dyer Ball, an plicable to the documents in question.
Mr. C. A. S. Russ said that the last the notice to be given had to be three the point of three months' notice, said as asked to produced) was when it times that required by Common Law. he saw of ticket No. 00076 (which he was handed to the arbitrators na an ex-Notice by Common Law, Counsel argued, hibit.
would be one Chinese-month.
of name it would be passed.
THE BOARD'S ruwts.
libellous portion was as follows:-
Now Ng had personally banded a valueless ticket No. 3078 to the solicitor. According to these circumstances; Ng had previously received a telegram from Hongkong and used tricks to cheat me which is indeed pu ishable."
Club.
"
וי
2
- As regards the extension ci the fuse. tions of the Board, the CHAIRMAN Baid the main point, acemed to bits the ques tion where the Bed's powers ended and the Medical Department's powers bo- gan He had been going into the history of the matter, fairly carefully recently,
Mr. Eldon Potter, K.C. and Mr. and reading between the lines of the 1903 Campbell Prosser, instructed by Mr. G.
PURCHASE OP WINNING TICKET. Ordinance, the 1900 Coudssion and the Hall Bratton, appeared for the plain- 1906 Amendment and Mr. Tooker's "His-tiff. The defendant did not appear inence in the afteracon, described the par- that three calendar months' notice was
Mr. G. E. Hall Brutton, giving evi-
Mr. Prior, for the defence, contended wry of Sanitation," he came to the con- person, nor was he represented. Mrs. Violet Chan, at a Christmas party Judgment for the defendant in the case clusion that the present situation, as Hon. Mr. C. G. Alabaster, R.C., held held at No. 3, Arbuthnot Boad. He him-
chase of the winning ticket No. 03066, by Lecessary. regards the-F.C.M.O. and the Board, was watching brief on behalf of the Chinese self purchased No. 03070. On the day of of No. 65 war given because & party wall
compromise. Ele could not say any thing further than that. He would not Mr. W. H. Bell (foreman), Mr. E. F. conversation he took out his pocket book Judgment was reserved.
The Special Jurora empanelled "were: the race in consequence of a telephona was to be left standing; in the other case say whether he thought it a good com- promise, or A bad compromise. He Aucott, Mr. Paul Lauder, Mr. R. F. and found that the number of his ticket! thought that without any breach, of con-attheson, Mr. F. R. Marsh. Mr. W. S. was 3070. fidence he could say that he knew the Brown and Mr. C. Champkin.
A claim was not made out Government" was at the moment consider-
at once as the conditions was quite clear, ing this rather important question. On plaintiff, said that at the time of the 4 outsider. Later when the plaintiff Mr Potter, opening the case for the that no claim would be considered from it, of course, depended a great many of publishing of the libal, his client was returned from Shanghai a letter, drafted the questions which Dr. Koch has raised Manager of the Genera! Exchange Comby witness, claiming the prize was sent -the question of port health and the pany and Secretary to the China Specie to the Club. question of an anlyst and bacteriologist. Bank, whilst the defendant was head of Continuing, Mr. Bratton said at the all ages made a pilgrimage to the Central Chinese bont-people of both sexes and srbitration proceedings a Shanghai.
man named Magistracy, when they packed the publio
PLAINTIFF'S STORT
February 18th he was sent to Shanghai
Continuing wittesa Baid that
JUNK-FOLK INVADE COURT. INTERESTED IN SUGAR THEFT CHARGE.
He did not know whether Dr. Koch sug.the loan department of the same bank Yaen Shing Tai (the man alleged to base enclosure yesterday afternoon. Heated that they should duplicate those posts. He the Chairman) said the other After reading the cable containing the received $3,300) gave evidence to the day that he did not think it was an econ-alleged libellus statement and having effect that he was present when plaintiff. The objects of their interest were seven omical advantages to duplicate posts of commented on the seriousness of the obtained the ticket No. 2065, from Chik junk-folk, of whom five were women, who that sort, but he thought it was arguable statement, Mr. Potter went on to say that these were distinctly public health at the Jury were no doubt aware of,
Boong Ling.
appeared on remand before Jir. R. E. pists. However, as he hart said, he was which had relation to the ticket which also described the selling of the winning natively with feloniously receiving the
the fact that last year there was a dispute
Lindseli, charged with stealing 110 bags: treading on somewhat delicate ground.
The plaintiff was then called and he Company..
cf, sugar from the China Sugar Refinery and he thought the less he said ous that had won first prize in the Chinese Club ticket to Mrs. Violet Caan at the Christ-sugar, knowing it to have been stolen.
They were charged alter- particular matter the better.
Hongkong Herby Sweep the result of meats, the CHAIRMAN said that with all resulted in the gravest injustice being and plaintiff was asked if he recognised second, and sixth defendant, Mr. Feo
As regards co-ordination of depart.which they were already aware. It had mas party on December Sitli.
Mr. RA. Wadeson prosecuted, while respect he thought Dr. Ozorio drew a done to the plaintif, who he wished to the writing on the back of the ticket. d'Almada the third, fifth, and seventh, The torn ticket was produced in Court Mr. G. A. S. Russ represented the first, slightly lurid picture of the antagonisms Point out ad instituted proceedings Witness examined the word "VI and and Mr. D. H. Blake the fourth. between the various Government depart against the defendant at the very begin vid it was his. nents. When all was said and done he is of April, 1923, which was two days supposed all the departments of the Gov. before arbitration proceedings were com-
women presented mournful appearance,
Of the defendants. the two men ap-- vernment were adattedly attempting to
mencel.
on peared completely unconcerned, but the act for the welfare of the public. They
by the Hank bat on the day previous he hanging their heads in obvious shame. looked at it from different angles, per-
He asked the Jury to considered the lost the counterfoils of the tickets.. is of their acquaintances in the public sants. notified the Chinese Club that he had under the gate of the crowded assembly, haps from the angle of the practical en- misery and mental anguish the plaintiff business in Shanghai was that of enquir- gineer, from the angle of law and order,
had uddergone. from the angle of Chinese susceptibilities, tilty" by a tribunal of dishonesty. Bank Whilst in Shanghai plaintiff met and the 8.3. Tikerung, on which the He had been founding into the debts of the China Specie by representatives of the Sugar Company At the last hearing evidence was given and, of course and very important-from No such man, with any spark of manli- the defendant who asked him to take his sugar was brought from Java. the angle of the taxpayer's pocket. Dutes at all, would be prepared to go on ticket back to Hongkong and cash it if evidence tended to show that it was he could certainly say that as far as that, living with such a stain on his character it had won a prize. Department, and the Public Works De and he would assure them that the partment were concerned, the linison at plaintiff was going to leave no stone an- present existing was extraordinarily inti-turned in his efforts to vindicate his inate.. He did not, thick, perhaps, that character. This action was his first step the members of the Board would believe in that direction." him if he said how many inatters-not only routine matters, but matters of policy were referred every day by his Department to the Public Works Depart ment and vice versa. It was a very inrge
number.
12
RESOLUTION CARRIED. The resolution was then put to the mectin Six voted in favour and there were four abstentions-all Officials.
THE CHAIRMAN'S UNPLEASANT DUTY.
·
PLAINTIFF'S MISERY.,
Potter, the missing ticket was found In February of this year, continued Mr. under circumstances which proved beyond all shadow of doubt that the purchaser of that ticket was Mrs. Violet Chan and not the defendant.
This
and
but did not look at it.
Witness consented and took the ticket packed in bags which were variously landed at Causeway Bay from junky. plaintiff went to the Union Bank where PPN/N3. Though previously the num
From there marked be found a telegram waiting for him ber of bags had been correct, it was
P-P/N2, P-PN/N2.
stating he was returning to Hongkong by way Bay. to return immediately. He wired back covered on their being tallied at Cause- stating "We have won," and asked him stated, a shortage of 110 bags was dis the area Afaru Chinese Club had attempted to expel him; proceedings, the defending solicitore
Witness said the but in this they had failed owing to some cross-examined Det.-Sgt. Andrews, who At the commencement of yesterday's
technical point. He was still under effected the arrests. medical treatment due to the anxiety be that his boat bad. no light. It was in- The witness said had suffered.
teaded to be a surprise visit. Witness did not agree that the junk's 'rew were vessel in the dark. He admitted that they alarmed at the sudden appearance of his might possibly have thought it was a robbers' craft. It was not & polies soon as the detectives boarded the junk, scteral people jumped overboard. launch, but a private motor-boat.
* IS THE TICKET GENUINE ?
Do enquires.
Mok).
the
As
Det.-Sgt. Greig, giving evidence, said that be received orders to find a man and found him. The man was the first who had jumped overboad.. Witness went defendant.
ENTERTAINED"
evidence that he joined the junk as a
BY POLICE. Lee Ping Yau, a small boy, stated in foki on the afternoon of the day of the arrests. The second defendant was the mistress of the junk. He was first of all employed in throwing empty socks from the deck into the hold. In the evening, some men came out in three small boats. They played Mah Jong on the junk until about 8p.m., when they went off in the direction of the sugar refinery, The first defendant went with them. When, they returned, witness saw the seventh de- fendant (a man) and others changing marked bags into unmarked
A STARTLING DISCLOSURE. to mention which he would establish dur- There was one other matter he wished ing the proceedings, viz., that one of the witnesses called by the defendant to sup- Questioned by the Foreman of the The CHAIRMAN: Gentlemen, Before we his story as told in the cable, received Jury as to how it was that the telegram nojourn I have a somewhat unpleasant the sum of $3,300 from the defendant. He was timed as having been received in duty to perform. It is a duty. I think I would prove to the Jury that that man it until 19 noon the next day, witness owe to the Board and particularly to the was Infore the Arbitration proceeding he was so excited he did not notice the Shanghai at.4 p.m. that he did not receive Vaoficial members of this Board. I have in receipt of $10 a month. Since these been accused in the Legislative Council proceedings his debts had been paid and time on the telegram and therefore made of somewhat lightly flouting considered he had been enabled to purchase a shop in public opinion in yoting against a certain Shanghai.
The Foreman: Unofficial motion in this Board on Augustin Court that this witness received 8500 3000) been submitted to the Chinese jub
Cheques would be produced
Has this ticket (No. 10th. There are five Unofficial members before giving his evidence before the to see if it is genuine or not! of this Board. Of these the proposer Board of Arbitration, and a further
Witness: My solicitors did, I believe, voted for the motion, the seconder also 82,800 afterwards He would ask the anked the case to be re-opened, but they voted for the motion, but I think he said Jury to draw the only inference possible The Foreman (to the Court): Have we
refused to consider the matter. he did not entirely agree with it, one
from such a transaction, Unofficial member voted against and two man in receipt of $10 a month paid this got any proof that this ticket is
Why was a Unofficial members abstained from vot $3,000? He would further point out that genuine? ing Gentlemen, I think any further com
the cheque was made out by Mesurs Mr. Potter: Wo" are going to call ruent of nine would be entirely super. Lo and Lo and that the money came out secretary of the Chinese Club (Mr Auous.
of the 800,000, the sweepstake 'prize. Dr.. ZORIO, as the Unofficial who
Mr. Potter then referred to the selling
Mr. Champkin: How do you know valed against the resolution, explained of tickets of which plaintiff sold two that a resolution was passed at the meet. that the resolation related to a Water books. He sought to show how the tickets ing of the Chinese Club to expel you? Board. His own opinion was that if a
were disposed of and to whom they were Witness: I was present at the meet Water Board was brought into existence sold. He said evidence would be adduced18- it would only create still another depart-that would show that the book containing ment. That was the reason why be voted No. 03068, the winning number, was sold against it.
on December 23rd and 24th. Defendant to buying the ticket No, 3036 at the sugar from had himself said that he bought his Christmas party. She put the ticket ones "GIVE ME A DOCUMENT.
ticket on January 5th. He was sold away in a drawer in her writing desk Cross-examined by Mr. d'Almada, the "MODERN" CHINESE WOMAN'S his nimber was 03076.
ticket on that or the previous day, but in her bed-room. On the day of the race witness said that he was taken into ca
she was informed by Dr. Woo that Mr.tody with the rest, but he was not PLEA TO HER HUSBAND:
Mr. Potter went on to say that defend Quinn's ticket had won and that the charged. The policy had not told him aut filed a defence originally in which number was. 3003. She went to look for that if he gave evidence he might get off.. You must give me a document now, he said he could prove every statement her ticket and after searching most des He was quite sure of that. He had I have met another man, and I want to be had made. The present action was perately could not find it.. go and live with that man," are the words Mr. Quinn's vindiction of his character
come to the Court of his own accord, alleged to have been uttered by a and counsel therefore asked for exemplary Chan, gave evidence as to finding the
Mrs. Id. sister of plaintiff, and Mrs. He had not been questioned by the Chinese woman to her husband, who ap
Police damages. posred before Mr. E. W. Hamilton at
missing ticket in February last in a
His Worship: Do not tell lies Kowloon
camphor-wood box ameagst some papers living since In the witness-room at The Mr. d'Almada: Where have you been Magistracy yesterday Mr. Wong Kwong Tin, giving evidence that been used for packing purposes. charged on remand with assaulting her. on subpoena, deposed to receiving the"
She appears to be rather a modern telegram. Es also said that a man, who removing the furniture, said he was pre His Worship Detained" seems rather
A Chinese, superintending the coolies Police Station. woman," was the Magisteste comment, might have been defendant's nephew, from sent when Mrs. Li discovered the ticket brutal, Mr. d'Almada Entertained."
So the police detained you? junid laughter!
The husband and that his wife's an tion to witness that the prize-money
the General Exchange, made, the sugges- in a campbor-wood box, nouncement ao enraged him that he struck should be divided. Witnem spoke to Mr.
The case was adjourned to this morn-think, is the better word. (Laughter.) her with a small earthenware flower pot Quinn about the matter and he refused
ing. pedestal (produced).
to consider it.
the
His Worship remanded the case for further 48 hours, in order that the parties might go before the Secretary for Chinese Affairs, in the hope of some amie ablo arrangement being arrived at.
THE KVZDENCE.
In auswor to his Lordship, witnicas said that he was friendly with both parties more with plaintiff than defendant. He Chuk and Quinn were all connected with the China Speció Bank
MES VIOLET CHAN.
Mrs. Violet Chan then gave evidence na
GOTE
Answering Mr. Russ, the witness denied A Ruggestion that. he had never been employed by the defendants at all. Asked whether the police had-beaten him. played at Fanling on September 6th to not
I first said they had, and almost im In the Captain's Cup Competition, mediately afterwards said that they had 8th, E. J. R. Mitchell 856-79 qualifies and wins the Optional Pool
The hearing was adjourned until the 18th inat,
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