1928-01-27 — Page 4

The new Summit

Soft Collar

Made with twin tabs which hold the Collar in perfect position and the invisible stiffeners ensure a neat and smart appearance,

Stocked in two different materials, both in Quarter sizes.

Mackintosh's

MEN'S WEAR SPECIALISTS Alexandra Building.

[COLGATE'S

ECLAT

COLGATES

ECLAT

SOAP

AND

POWDER

Des Voeux Rond.

THE TWO SUPREME TOILET LUXURIES. SOLE AGENTS:

HONG KONG TRADING CO., LTD.

PERFUMES

MANUFACTURED BY

· RIGAUD, PARIS.

"FLORE DIVINA" EXCELLENT SCENT.

PRICE: 50 Cts. per bottle.

OBTAINABLE FROM

VICENTE ATIENZA & CO.

AGENTS.

No. 64. NATHAN ROAD, KOWLOON.

TEL.. K. 155. *

WHITEAWAYS

SALE

BLUE TICKET WEEK Monday, January 30th

Saturday, February 4th STOCKTAKING REVELATIONS

Preparations for Stocktaking have revealed a lot of stock which we have to clear.

This is all marked down to ensure a complete Clearance.

LOOK OUT FOR THE BLUE TICKETS.

COME EARLY.

BEST BARGAINS GO FIRST.

"

WHITEAWAY, LAIDLAW & CO., LTD.

HONG KONG.

THE HONG KONG DAILY PRESS FRIDAY, JANUARY 27th, "1928.

PUBLIC SERVANTS |

AND MONEY- LENDERS.

VALIDITY OF "PROMISSORY

NOTES.

ALLOWANCES NOT COUNTED AS SUBSTANTIVE PAY

PLAINTIFF NON-SUITED,

The Decision.

His Lordship, "in giving his deci sion, thanked Mr. Lo for arguing: the legal points.

A 'BUS CONDUCTOR'S

LAPSE...

GAMBLED WITH THE COLLECTIONS:

GAOL WITHOUT THE OPTION.

Continuing, his Lordship said. the action was brought on three promissory notes made by the de fendant and giren by him to the plaintiff. The defendant was quite

Before Mr. W. Schofield at the clear in his view as to what he Kowloon Mingistracy yesterday, a wanted done. He had no wish to conductor employed by the Row offer any defence, and he did not loon Mutor Bus Cmpany pleaded guilty to charge of embezzling the desire to depart in the least from

sum of 813.58 frem hist employers.

Sub-Inspector Dick informed his any part of his, bargain,

The question which be (his Lord-Worship that the defendant col

Tected $43.53 on January (Chinese New Year day), and in- stead of paying in that amount, together with Bi which he received for change before going on duty, her sosecnded. The following day an Indian watchman employed by the Company found the defendant

The question of the validity is hip) had to decide was whether, in the circumstances, he was bound law of a promissory note munde out

to consider the Public Servants' by a Civil Servant in favour of a

Liability Ordinance (10) of 1917, registered moneylemler' was raised, not for the first time, at the sum and also whether, if he had to won mary Court yesterday, before the sider that Ordinance, the Ordinance

itself provided profection Paisue Judge (Mr. Justice Wood) defendant in the action.

Kartar Singh, watchman and re- gistered mcrleylender, 44 Nathan Roal, ground floor, sued Mr. T. J.

to the

Elis Lordship said his view was that the Public Servants' Liability Ordinance, 1017, operated in the

3rd

at his house. On the defendant was the account showing that he had collected $43,33.

in

tendant said he had last it n

reply to his Worship. the de gambling.

the

Defendant was sentenced to six

option of fine.

Falla, a prison warder, for $87.50 proceedings, whether it was form weeks' hard labour without

in respect of three promissory

ally pleaded or not, also whether notes, two being signed on Novem the defendant desired its protection ber 10th. 1928, for 8450 and $200 or not. Section 4 of that Ordinance hind a third for $100 receiving sign-ovided that proceedings and zure on April 1st, last year, This documents in or incidental to an included interest totalling $107.50, action in contravention of the Ordi- at the rate of two per cent, perance should be absolutely null and void for all purposes, whether the Ordinaire he raised as a defence

month.

Mir. Hornce Lo appeared for plaintiff and defendant conducted his own case,

or not.

The view which he held WHS

MODERN FRENCH MUSIC.

ENJOYABLE CONCERT AT

HELENA MAY INSTITUTE..

The musicale given at the Helena May Institute ist evening proved to be one of the best of a very enjoyable acries. There was a good attendance and the excellent pro granne on French Modern Music", a pro-was thoroughly apprecated."

great farm and did full justice to The artistes contributing: were in The composers' work.

Sub-Section 3 of the

work,

43

Giving evidence. plaintiff said thpt when once it had appeared, that the defendant signed all the in any action brought on notes, but nothing had been paid.sory note, against a public ser- He agreed, in reply to his Lord-vaut, that the defendant was, in ship, that he knew at the time Falla fact a public servant as defined by Debussy's compositions were signed the notes that "he was a Section 2

specially enjoyed, and the growing i warder at-Laichikok branch prison. Ordinance, then the Court wased in the number of examples of his popularity of Massenet was reflect- The defendant, giving evidence, prima fair without jurisdiction to said he held a permanent appoint-entertain the action, unless it could ment under the Government as a be shown that that particular warder on the prison staff. He public servant

A. came within the was appointed warder on August exception contained in Section 3, B. 24th, 1921, on a salary of £160 per Sub-Section 2. of the Ordinance.- annum, rising by annual increments.

The definition ef public ser A.

public servant meand of 10 to $20.

any person holding any permanent B. appointment, the emoluments ohe which are wholly or in part direct ly derived from the revenue of the

At the time when he signed the notes, his salary was 8210 per an. nun. The three documents were in respect of loans.

In reply to his Lordship, defea- dant said $8 per month was de ducted for the Widows and Or phans' Fund. He received free quarters, food, light, and uniform

vant was

•

Faure-Elman

The programme given waLE under:-

Apres un rêve "

Tave-fried Delibes Elmaa. Violin Mr. JOHN BRAGA." " si mes Vers avaient des

Ailes" ..... Reynaldo Hahn. Serenade du Pariant"?

Massenet.

Colony." Section 3 provided that A.

ar Li Crow Car.

La Cathédrale engloutte Accompanist: Prof. E. GUALDI."

Debussy.

La danse de Puck." Mrs. HARGREAVES. BROWNE,

Les Papillons "...E. Chausson. Debussy. B.Ronan

Mrs. SANDER Meditation de Thais "

Do action should be maintained against a public servant upoo B. provided also that that section promissory note given by him, but should not apply any public ser- A. vant whose substantive pay, on the date when the liability sought to be enforced was contracted, exceeded A. $200 per month, efelusive of any allowances.

R.

His Lordship: I understand it was no your wish to raise the Public Servants' Liability

Wherever the onus of proof migat} Ord- nance as a defehce —Yes.

le, the Court wight pursue for it-i A. "Do you wish to dispute yourself as enjuiry as to whether any i liability in any way I--No,

public servant came within that B. His Lordship: The question to exception or not. "It is not here be decided is whether the defenmaterial to decide, where the onust

of roof in this matter lies. In dant is protected by the Drdinance.

Mr. Lo submitted that plaintiff the anus is upon the A. was entitled to judgment on the plaintiff to establish his right to: evidence. It was not his duty to maintain an action on a promissor B. argue that the defendant was or vote against a public servant." was not entitled to be protected by the Ordinance.

His Lordship I have asked you to do that because that is the only point you have to meet.

по

Mr Lo zaid that the defendant had given evidence that he was public servant and it was necessary to show it be received any protec tion under the Ordinance. Section of Ordinance 10, 1317, stated that action shall be conintained against a public servant upon cer- tain conditions. being involved. One was upon any promise, express or implied, to repay money paid or advanced to him, or upon nay bill of exchange or promissory note given by him. Under the first sec- tion of Section 3, the defendant was within the Ordinance, bus under Section 3 of the same section it stated that the first section should not apply to a public servant whose pay at the time when the debt was contracted did not exceed $200 per month, exclusive of any allowance. Balary Or Allowance 7

..

•

Substantive Pay.

Massenet. Le Cygno ... Saint-Saeps, Violin: Mr. JOHN. BRAGA, "La Maison Grise " from

"Fortimio

....... Messager. Pourquoi me Reveiller

Werther" Massenet. Mr. LE CHOR CHI

from

Accompanist Prof. E. GALD!.

Felites Litanies de Jésus". Les jardins seus la pluie

G. Grovlez.

Debussy, Mrs. HARGREAVES BROWNE. In considering the evidence, the

Massenet. question arose for decisions to H. Mon cœur s'ouvre & la

A. "Élégie" whether the defendant was a pub-

Saint-Saens. lic servant whose, substantive pay

Mrs. SANGER. exceeded, on the date when the liability

contracted, $200 Violin obligato: Mr. JOHN BRADA. monthly, exclusive of any alow-|

&ncca.

On the material dates the defen- dunt received actually on his pay sheet the sum of 10 monthly. Some portion of that amount was! received by him in consequence of the operation of the Hong Kong Government General Order No. 101. Without the operation of that Order, it was agreed that his re- less than 2200 monthly. ceipts at any material time were

voix "

ANOTHER CLÁIM. MONEYLENDER AGAIN NON-

SUITED:

Following the above there was a

KAIPING HOUSEHOLD COAL

In Lots of not less than +-ton-

Delivered to

Peak District

(above Bowen

| Rand), $24.00

per ten.

Delivered to Bowen Road

and Lower

Levels, $22.00 per ton.

Delivered to Kowloon, $20.00 per ton.

Note Reduction in Prices.

For Price Apply to

Orders should be sens in writing not by telephone allast 24 hours. before the Coal is required'

All orders must be ae- companied by

Cash, Cheque, or Compra- dore Order payable to

The Kailan Minieg Ad- ministration."

THE KAILAN MINING ADMINISTRATION

DODWELL & CO., LTD.. Agents, Hong Kong.

Hong Kong Weekly Fress

PUBLISHED TO-DAY

THE CURRENT ISSUE OF THE HONG KONG WEEKLY PRESS DESCRIBES THE CELEBRATION OF CHINESE NEW

YEAR IN THE

AND IN COLONY CANTON. IN ROTH PLACES GOOD TRADE WAS DONE, THE FESTIVAL

PASSING

AND OFF PEACEFULLY WITHOUT THE FINANCIAL ORISES THAT HAD BEEN FEARED.

At Canton the alertness of Li Tsai Hain's Regime prevented another "Red" upheaval and a New Year's Eve raid resulted in the seizure of arms, ammunition and seditious pro- paganda. Forty-four leaders were arrested and summarily executed.

"The WEEKLY PRESS contains the usual summary of the sport," commercial activities and public business of the Colony and South China. It will be welcomed at Home by all interested in the Far Eastern situation.

32 Pages-Price 30 Cents.

The Paper with the Familiar Yellow Cover.

[On Sale by all Hegular New Boys.]

Annual Subscription: Hong Kong, $18; Post Free to any address, $15; Quarterly Subscription, 83.76.

Orders should be sent to the

HONG KONG DAILY PRESS, LTD.,

TELEPHONE: C. 12.

MURDER AT KOWLOON CITY.

11, ICE HOUSE STREET.

and "blew a police whistle." The police" arrived soon after and de- ceased was found drad on his bed. The deceased wea a bean curd

similar claim case, in which another Indian moneylender, Bishen Singh. of 33, Cochrige Street, sued T. J. Falla, of Lai Chi Kok Branch Prison, for the sum of $280, which The view which he (his Lordship) included money borrowed under a had hitherto held; and which he promissory note and also 860 len: still, held, was that the additional under an 1.0.U. The promissory payment to which a public servant note was dated August 16th, 1920, became entitled" under General and 1.0.0. March 4th, 1927. Order No. 101 was in the nature The details of the claim were: of an allowance and was not in the $200 princips! under the promis nature of substantive pay. It was sory note; five months' interest at The defendant had told the to be noted in the General Orders, two per cent, per month, $20 ;" and Court that on the material dates of the Government that the Order 1.O.U. $60. he received over 8200 # month, was at privileged rales of exchange. Parties were not legally repre being 8210 on the rst date and In addition; it was an allowance Kented.. $20 when the last note was signed, that could only be drawn while the Plaintiff gave evidence bearing He was entitled to have his salary servant was in the Colony. It out his claim, and defendant de- converted at the rate of 812 to the would appear that if the servant nied that he owed the amount he pound...

wag, outaide the Colony and his was sued for. He said that on one His Lordship: Except for the salary was drawn inside the Colony occasion a friend of his borrowed. operation of Government Order 101, by his attorney, then that addi- from plaintiff the sum of 2200, tional sum would not be payable Witness owed this friend 820, and the defendant is protected ?

Mr. La: I quite agree.

as part of his salary to his alter the friend asked him to pay the 820 INQUEST. OPENED YESTER- master, it was stated, and had n Mr. Lo continued that all the ney. It was quite distinct from to plaintiff. Witnees had not got Court was entitled to determine any salary quoted in the schedule the money and signed a chit to was whether, on the material dates, as attached to a permanent ap- plaintiff for 840, and paid" $4 4. the defendant was in fact receiving pointment. Substantive pay was month until he went on leave.

An attempt at armed robbery, salary of over $100 monthly. It the salary of a permanent appoint. When he returned, he was threat which resulted in the murder of a Dr. Dovey, who stated that he would be most arbitrary to considér | ment.

ened with Court action, and sign. that certain portion of a lary

at No. 23, Tung Tau found on the body of deceased a Concluding his Lordship aided a note. He had only received Chinese would be a mere allowance. Some for those reasons he was of the 320, but he signed a note for 2200 village, Kowloon City, at the end severe wound in the chest. The Government servants did receive opinion that the substantive pay His Lordship (Mr. Justice Wood) allowances, but in those cases they at all material times was lees than held that with regard to the proof November last, was recalled at wound bad penetrated the left lung would be paid entirely differently. 8200, exclusive of allowances, that missory note on the date it was the Kowloon Magistracy yesterday and entered the pericardium of the Mr. Lo continued that when he the defendant was within the pro-signed-defendant's salary was not afternoon, when Mr. W. Schofield, heart. The laceration of the langy was before his Lordship on a pre-tection provided under the Public more than 8200 a month, and that sitting as Coroner, opened an in-caused death. There were several VIOur cccasion, his Lordship had Bervants Liability Ordinance, 1817, therefore he was protected by the

other minor injuries. The edges of expressed the opinion that he and that being so, the Court was Ordinance. Therefore, the claim quest into the death of this man. might not have jurisdiction at all without jurisdiction to entertain on that note failed. The claims with Evidence given was to the effect the wound were regular, and the as soon as he had evidence before the action.

regard to the 1.0.U. also failed, that on the night in question an- wound must have boca caused by him that the defendant was a pub- I therefore non-suit the plain because of the reasons he had set other Chinese heard cries of "save curved sharp weapon. lic servant. His Lordship B tiff with costa """""

out in the previous case relating to there impressed with the "words Mr. Lo remarked that he under. | such, claims.

life" and "armed robbery." The After further "evidence, the ia- His Lordship, therefore, non-cries appeared to have been made quiry was adjourned until next waited plaintiff, as in the

case, by a woman, The witness ran out Wednesday. given above.

of Sub-Section 3 in which it said "No action shall be maintained," which appeared to be prohibitive:

stood the plaintiff would take the case to a higher Court..

(Continued on next Column.)

J

DAY.

woman feki, who seems to have dis. appeared.

Medical evidence was given by