1927-01-25 — Page 5

Page

INTERESTING

BEL ACTION.

FIRST CASE HERE FOR MANY YEARS.

HK ELECTRIC CO. SUED: METER ALLEGATIONS.

“JUDGMENT" GIVEN BY CHIEF JUSTICE FOR

DEFENDANTS.

THE HONG KONG DAILY PRESS, TUESDAY, JANUARY 25th, 1927.

There were two meters, Mr. Lo said, one for lighting pad the other for heating, but no allegations were made as far as he knew about the second. It was curious, that if they had tampered with one meter, they should not have tampered with the

The first libel case that he has bad to try for several years cama before the Chief Justice (Sir Henry Gallon) at the Supreme Court yes terday. The hearing lasted the whole of the morning and part off the afternoon, judgment being even, tually entered for the defendants, other. with costs.

The defendanta were the Hong Kang Electric Company, Ltd, and the plaintiffs the Hoo Sing firm, of 49, Lyndhurst Terrace.

Court Demonstration. Mr. Lo went on to quots regula- tions which required notice to be given before current was cut of

Evidence was given by employees of the plaintiff firm, who denied

The plaintiffs claimed damages from the Hong Kong Electric Com-tampering with the meter; and said pany for breach of contract and they were not aware of anyone else libel, alleging that on February] having done so. seth, last year, the defendants, with- out cause and notice, removed a -meter and disconnected, the elec

trical supply, depriving the plain- tiffs of electric light, and damaging their business.

An electrical expert was called who said when a demonstration

with the meter had been given in Court, it almost looked as though the meter had been tampered with.

Submission By Mr. Foster. The libel action was based on a Mr. Eldon Potter, or the de- letter written by the defendants to fence, submitted that he had no caso Messrs. Hastings, Dennys & Bow. Ito answer. He referred to the case of ley, the plaintiff's solicitors. The the Hoddeson Gas and Coke" Cam-

Mr. Lo Replies

Mr. Lo, in reply argued that the facts of the Hoddeson case were not exactly the same na those in) the present caso,

+

THE KUOMINTANG

ARMY.

HALF A MILLION · MEN..

FOR PAY

The Chief Justice, said he could pot distinguish this case from the Hoddeson case. Every feature in $16,000,000 A MONTH REQUIRED the Haddeson case appeared in this case. I am afraid I am against you on the question of contract,"

ant to come to that conclusion and he said. "I am somewhat reluct-

ANOTHER URGENT MESSAGE TO MR. SOONG TO RETURN.

think it is a great pity that regulations have not been made. As a matter of fact regulations [row ouR CHINESE CORRESPONDENT, | could be made under section 4 of the Ordinance, and I am inclined to agree with you that it is some what regrettable, that they have not been made."

Mr. Lo: If one result of this case is that the Legislature desides to make regulations to protect bath the Company and the public, then that they have performed a public the plaintiffs will certainly feel

service in bringing this case for ward. I bow to your Lordship's ruling.

interrupt my friend, but the Press is present and one would think from what he has said that we have in ficted some awful damage upon the| get that the Company's reason for plaintiffs. My friend must not for

doing this was because -

Mr. Potter: I do not want to

The Chief Justica: On the general

According to a Kuomintang Press agency statement, the Kuomintang Army will soon be half a million strong and will require $10,000,000 a month to maintain it. The Kwangtung military expenditure of more than 86,000,000 will therefore have to be maintained. The other five Kuomintang provinces, of course, each has its own quots to contribute.

forwarded to Mr. TV: Soong at Another urgent message has been

Hankow, to return to Canton at

of strike pay. The strikers who once in order to settle the problem

[ deserted, their employers in June,

WHOLESALE LOOTING IN FOOCHOW.

BLIND FUPILS DRAGGED ABOUT IN STREETS.

YM.CA. CAME UNDER

BLACK LIST."

Mambera of the staff of the Fukion Christian University, arrivi ing in Hong Kong on their way to America have given further details of the lootings at Foochow of Christian institutions and of many cruel acts of mob, violence.

While on their way to` Hong ong, they received a telegram in forming them that the Y.M.C.A. at Nantai had been looted."

Blind School Looted. Between 1.30 and 4 p.m. oh last Sunday afternoon the Christian.

tions were looted. The most wan- educational and charitable institu-

ton and cowardly act was the loot- ing of the Blind School and the turning of the blind pupils out into the streets The school buildings

and Mrs. Woods, who were forced were rendered untenable and Mr.

to fee in baste, lost everything they had The fate of the blind pupils.

are now is unknown. Mr. and Mrs. Woods on their way to Hong Kong.

All the Christian churches in Foochow were pillaged on this same Methodist church which the student day with the exception of a small

looked.

letter stated that the meter was pany 1. Haselwood, in which the principle. I must say that the power. 1925, and are now idle in Canton, by the law are so great that I think meet Chinese New Year expenses. given to the Company apparently are demanding an advance bonus to it is just as well the whole subject The strikers argue that since Octo-and other rioters evidently over- should a considered. different question altogether and

That is ber 10th, 1926, nearly 81,500,000 has has nothing to do with this case. been collected from the Customs so far as the question of contract surtax which, according to arrange is concerned, in the absence of any ment, is supposed to be reserved for regulations made by the Governor in Council, I feel I am bound by

the benefit of the strikers exclu- the Hoddeson case... I also rule that sively. They, therefore, think that the accusicz was a privileged one. there should be plenty of funds

disconnected because it had been appellants (the Gas Company) had tampered with. They had found supplied the respondent with gas that the wires had been periodically for several years. It was held in disconnected and reversed, so that this case, which Mr. Potter charac- the Company had been defrauded of terized as being very similar to the revenue. The letter concluded by present one, that there was no evi saying they were prepared to re-dence from which a contract could connect the meter when they had be implied binding the appellanta been paid the estimated amount to continue to supply gas for any out of which they alleged they had been defrauded, and if the plain tiffs would provide a suitable guar- antee to ensure, the discontinuance ol tampering with the meter.

The plaintiffs also alleged that they had been greatly injured in their reputation and credit and had Asuffered much loss of business.

specific period, or requiring them, before discontinuing to supply, to give the respondent notice of their intention to do so..

The Chief Justice: There is no thing to prevent you entering into

contract.

الي

Mr. Potter: We do enter into contracts with various big con- Mr. M. K. Lo appeared for plain-mers in which all these matters tiffa, and Mr. Eldon Potter, KC.. was for the defendants.

Case Outlined.

Mr. Lo, outlining the case, the manager of the plaintiff firm would say he had been in Herg Kong for over ten years, and the Ho Sing Firm was started in 1892 On February 23rd, last year, & Chinese meter reader went to the

Mr. Lo went on to argue that the The, truth, however, appears to be Company's letter had gone inch further than it should. The infer that most of the proceeds of the ence to be drawn from it was that, surtax has already gone to war fand the Company had been defrauded.

The Judgment.

account.

Mr. T. V. Soong, on his way back to Canton from Hankow, will, it in said, be asked to stop over at Changtha in order to settle the anti-British difficulty there.

The effort of the legal profession

involving assault and battery, in Canton to make labour disputes.

crime subjecting the wrong doers

Americans Not Spared.

was amashed up by the mob Mr. The American Methodists Church

Gould's (Y.M.Q.A. Secretary) home was invaded furniture being taken eigners were dragged from their into the street and burned. For

homes and their houses looted.

There was no personal violence

other than theft from the per- Campbell's wife was taken a new

sons of some of victims. From Dr.

fur coat and a valuable watch. Dr. and Mrs. Beard, Dr. and Mrs. Lewis and others also suffered in 2 similar way,

Many foreigners from the district are now on their way to Hong Kong. American misionaries in the interior in territory under the control of Nationalist forces have

Many women and children and been directed to return to the coast.

some men have already been taken

premises to read the meter and the question of contract he sub- deson case and consequently the to the penalty of the law has so far off, at Foochow by an American

failed to receive the support of the

fore, professional labour leaders. There

the feud between the

gunboat for Manila:

The Chief Justice, in giving judg arc set out.

ment, said there were two claims, Proceeding, Mr. Potter argued that if the meter was tampered one based upon contract and the said with when under the custody or the other based upon the publication control of the plaintiff, that was of an alleged libelous letter by de- conduct which would entitle them to say the matter was at an end. fendants referring to the plaintiffs The Electric Company could not So far as the contract claim was but as it was in the custody of the tinction at all between the facts of say who tampered with the meter concerned, he could make no dis- plaintiffs, some servant of theirs must have tampered with it. On this case and the facts of the Hod mitted there was no case to answer. plaintifs case failed on that claim after looking at it remarked to a

Reply To Libel. Claim. Chinese foreman:-"Why is the

As regards the question of libel, meter registering se little? It mr Potter said that the alleged into the meaning of the letter With regard to the libet claim there was no need for in to go be wrong and needs to be repair ed. The foreman replied: Is libel was contained in a reply to that so?" and thought nothing more two letters of the plaintiff arms, having regard to the view he had mechanies and the traffic section They had had very interesting taken of its being a privileged occa of the railway workers in Canton admission by the plaintiff's own witness that if certain facts were sion. The occasion was clear; a still remains unsettled, neither looked at the meter and left, there many could have come to was that made by the solicitors for the plained by an arbitration committes

The next day a European came,

A request Wafaction agreeing to the terms offer. Another the tacter had been tampered with iffs for certain information regard appointed by the Kuomintang It being no conversation European came on the following That, however, was only of interest day, and he also looked at the meter on the question of malice. Also ing the cutting off of the supply of feared that the workers of the and went away. On February 28th, the letter, he contended, was a electricity and in answer to that as about half past one, two Chinese privileged communication, and that invitation the Company, wrote Section-will be involved in the Canton-Kowloon railway-Chinese workmen arrived with a cart, and privilege was only lost on the xaid the meter was to be taken plaintiff satisfying his Lordship latter on March 28th last year. In

The manager had a con- that there had been expreas malice. his view that made the occasion Kuomintang authorities have re-versity beat the bills and located away, versation with one of the men, who The Chief Justice: If you make privileged one. Me. Lo had argued said he knew nothing about it ex-

a statement in a letter beyond what cept that they had to take it away. is reasonably necessary then that is that although the occasion might

The plaintiff manager sent his

malice.

have been a privileged one, there accountant to enquire why the meter was removed, and he was

Was some evidence of express

about it

Mater Taken Away.

told they would receive a letter

true, the only conclusion the Com- privileged one.

No Express Malice.

LEOPARDS IN FOOCHOW.

MR. FARLEY'S SKILFUL ARCHERY.

in the hills near the University at Two leopards were recently killed

Foochow.

The news was brought by two. teichers at the Foochow University, who arrived here on Sunday. next fight if there is one, and the

They said parties from the Uni- quested the Canton Garrison Com one of the animale, which was killed missioner, the Chief of Police, and near the compound. Mr. Farley Cowhose hobby is archery, transfixed

the Labour Commissioner to

Mr. Potter: The only evidence malice. It was a matter altogether operate in preventing it. It may be the animal with a couple of arrows

As no letter arrived, the defendants we have had is that so far from beyond dispute that the anus of express malice the Electric Com-

consulted Messrs. Hastings, Denays

& Bowley, and the plaintiffs' man- pany have actually, desired to as proving express malice which would ager, who took a solicitor's clerk sist the plaintiffs. with him, went to interview the

recalled that the conflict which took

at & considerable distance. Re-

place during the Now Year holidays volver and rifle shots completed the

remove privilege was on the plain. Mr. Potter proceeded to quoto ti There was no evidence. at all defendant manager who said "You cases bearing on the point that which showed malice and there railway for nearly three days. have stolen our wires or electric where an answer to a question was ity or something to that effect At that interview, the plaint

invited then the person who put were no statements in the letter manager denied that they had been for what he got He was proceed defondents to answer the ease any the question was simply asking which entitled him to call upon the guilty of any, theft, and explained ing to say that there were may further. He therefore found for the the decrease in current was due to authorities he could quote on the decrease in business.

paralyzed the Canton-Samahni and a section of the Carton Hankow

The extensive usurpation of poli

the issue of an order from the tical power by the Bolshevists is Swatow has just been checked by

work...

Another leopard was also killed after a long vigil. It was stated that another of the animals was still in the district.

Kuomintang leaders at Nanchang REST ROOM FOR WORKING.

GIRLS.

Mr. Lo referred to the question to stop all illegal proceedings

Mr. Lo said in a letter from de- subject, when the Chief Justice in- defendants, fendants 8200 was requested for tervened and said it was nancées

meter would be re-fixed. The let

ter on which the libel action is based, printed above, was received in reply.

The Alleged-Libel.–

Bary.

Counsel A. Luxury.

compensation before the

of costs and said he did not know against the members of the Trade- metar could be re-fixed.

In regard to malice, Mr. Potter what views his Lordship held as to Board, of Kityang City for the A reply was sent stating that the plaintiffs in and the Privy Council had inid counsel appearing in a Summary alleged false arrest of a member of case of cane. 2°. ability to understand the demand it down that once a

privilege had been established, the

a labour union. The special court or why the méter was removed at all, and also enquiring whether the ons was entirely on the plaintiff

The Chief Justice: I am inclined appointed by the union to try the take the case out of privilege. to prove express matico and thus

to regard counsel in Summary members of the Trade Board in Mr. Lo I certainly agree to

esse as a turury.

Mr. Patter Counsel regard it ar

posed a fine ranging from 85,000 to that, once my friend has convinced perhaps a luxury, but there is a 210,000 on each of the 40 accused your Lordship that this is privileg principle of importance involved and in-default confiscated the pro ed occasion Your Lordship and indeed toy friend in opening his Mr Lo further submitted that not ruled yet t that it is a privileged case expressed regret that he was perty of those convicted. In addi letter pat beyond all doubt that occasion.

tion a general warrant was issued they were accused of tampering The Chief Justice: I declare it able to secure counsel himself

Lo: That would have been for the arrest of a zumber of sus under such circumstances that re

indulging in another luxury venue had been lost by defrauding,

The Chief Justice: I am delight pects and that was a clear bal. 4. Later a letter was received "ask Mr. Potter went on to submit ing for $200.02 for the current, that malico must be express malice. allowing for payments already There was no evidence: whatever made, and intimating that unless that the manager of the Hong Kong the amount was paid within a week, Electric Company had been actuat legal proceedings would be taken ed by malice. He had merely given Later, Mr. Lo added, they offered the reasons in answer to letters re- to deposit, $200, but the defendant;ceived why the Company had acted company would not accept it. in a certain way."

is a privileged communication You asked for a reason and you brought it on yourselves.

Mr.

"FRIENDLY LEAGUE" TO BE OPENED,

With the object of providing facilities for recreation for business. girls in Hong Kong, a Friendly League for Christian Service is to to be established here.

Mrs. Robert A. Jailray, a wer fare worker, who has recently ar rived in the Colony from the United movement, and she has secured the | States' in- at the head of the loenl

premises formerly occupied by the

ed to see you Mr. Potter, but in The Seamen's Union in Canton Coronet Theatre at Wyndham the circumstances I do not think I is still detaining the three vessels Street: can certify for counsel.

Lunch and rest rooms for girls

Mr. Potter: We have not made of the China Merchants Steam will be provided. Other activities any application in the matter. 1 Navigation Company-wong Lee, will include the holding of classes am sure the Company's desire would Hein Wah and Shun, Tai; but the for the making of decorative and be to leave it entirely in your Lord crews, despite their strike, arstions will sloo be held there to ship's hands.

useful articles for the home. Ex- Judgment was entered for the demanding that the Jamiary, wages benefit Blind Home and similar defendants with coste.

shall be paid within the month. institutions.

Commencing THURSDAY,

JAN. 27th

LADIES SECTION

IN THE

AND

CONTINUING UNTIL SAT., FEB. 5th.

STOCKTAKING SALE

OF

WINTER GOODS

WHICH MUST BE CLEARED.

BARGAINS THAT WILL

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