1929-06-21 — Page 10

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THE HONG KONG DAILY PRESS, FRIDAY, JUNE 21, 1929.

PROMISSORY NOTE

CLAIM FAILS.

PLAINTIFFS CONTRADIC- TORY EVIDENCE.

HONG KONG AND FATSHAN FIRMS OF SAME NAME.

SURVEYORS'. INSTITUTION.

LOCAL BRANCH FORMED

IN HONG KONG.

CARGO WORKING ON SUNDAYS.

NEW ORDINANCE PASSES FIRST READING

... FEES MAY BE PAID

SUBSEQUENTLY,

In January last, several members el the Surveyor's Institution re- sident in Hong Kong decided to communicate with the Institution

The Attorney-General (Sir Joseph Judgment for delendants was in London, with the view of form Kemp, C), at yesterday's meet given at the Supreme Court yester- ing a Local Branch. A reply has ing of the Legislative Council, sue- cessfully negotiated, the first read day by the Chief Justice, Sir Henry now been received, and the forming of an Ordinance to amend the Gollan, in the case in which Lamtion of a Local Branch sanctioned law relating to the restriction of Ting On, head of the King OnThe following notice appeared, in the toading, working, and discharg Tong, sued the Ma Pak Leung firm the April issue of the Institution's ing of cargo on Sunday. as the 'makers of a promissory note | Journal. for 22,000, together with interest amounting $1,798, or, in the alter- native, for money lent.

In the course of a written judg ment Sir Henry said:-The actual amount in dispute in this case is small but it was so strenuously fought that the hearing took the major part of seven days and I was informed that the case was of great importance because, on its result, depended several other claims.

Contradictions in Plaintiff's Story.

The note purports to be signed by Mr. Pak Leung which is the same under which the defendants trade, but they deny that the note was made by them or any money lent to them.

There was a considerable conflict of evidence in the case and I am bound to say that the manner in which Cheung Cho Po, who was she only witness called for the plaintiffs, gave his evidence did not impress me favourably.

The case for the plaintiffs is that the defendant firm which carries on business at 310, Queen's Road Cen- tral, is a branch of a firm of that name carrying on business as manu-

and long established at Fatshan facturers and sellers of medicines with branches in Canton, Hang Kong and other places, that the note sucd on, dated January 15, 1921, was giver to cover other notes representing advances made by the plaintiffs to the Ma Pak Leong

firm.

Cheung Cho Po stated that the note was handed to him by Mr. Cheung Yu. Ma Chung Yu ab solutely denied that he ever hand ed this or any other note to Cheung Cho Po. As I have already stated I am not inclined to attach much credit to any statement made by Cheung Cho Po and I accept the denial of Mu Cheung Yu. The de fendant firm a denial that of the Ma Pak Leung of Fatshan.

is also the

Firms of Bame Name." The explanation of Ma Chung Yu was that both by the nature of their respective businesses and for here- ditary reasons the business of the

BALLANTINE'S KOWLOON CRICKET CLUB Ma Pak Leung of Fateban and his

in use for almost 100 years.

ESTABLISHED 1827.

"By Appointment to

B.M. The Late S Queen Victoria Ki

and

H.M. The Late King Edward VD.

His Majesty King George V.

PURE SCOTCH LIQUEUR WHISKY

10 years old.

GEORGE BALLANTINE & SON, LTD.

BAND & VOCAL CONCERT.

24 HOURS BRIGHT ENTERTAINMENT IN THE OPEN AIR

SATURDAY, JUNE 22nd.

-

at 9.15 p.m.

Explaining the objects of the proposed new Bill, the Attorney- General pointed out that, under the terma. of the existing Ordinance, owing to the form of permit given ia the schedule, the fees must be paid in advance and there is no power in the Ordinance to enable the fees to be payable after the event.

Hong Kong Branch." "A letter was considered from a number of leading members in Hong Kong asking permission to set up a Branch of the Institu- tion in that centre, membership of which would be thrown open

Not Convenient. to all persons connected with the Institution in China. The re

Payment in advance was not quest was granted, and the Secre tary directed to express the Coun-always convenient because it fre cil's pleasure as a step which they quently happened that, after the felt would materially extend the permit was secured, it was found Institution's influence and objects that Sunday working could be avoided. In these cases, the per- in the Far East."

mits were not used and much in convenience was caused when the tees were refunded, not only to the oficials concerned, but also to ship. ping and godown companies.

The first general meeting of the Hong Kong Branch was held at Lane Crawford's Restaurant on June 17, when the Branch was formally inaugurated, officers up- pointed, and local rules formed.

I had therefore been decided to put forward an ordinance to allow the payment of the Les to be made subsequent to the Sunday working and not, as at present, int advance.

The Surveyors' Institution was first established in Englano in 1858 and incorporated_under Royal Charter in 1591. The total member. ship is over 7,000 consisting of

By various amendments, even Honorary Members, Fellows, Pro-tually the whole of the old Ordi fessional Associates, and Associates, nance had practically ertimbled and has, as its Patron, His Majesty away and it contained awans emis the King.

sions, some unnecessary provisions. and various other defects. In these circumstances, it had been decided to repeal the old Ordinance and re-enact an act with the present de- fecte remedied and omissions, recti- fed.

The word "Surveyor" covers. & very wide field, and does pot, as so many people appear to suppose, consist of only those who measure land; the examination for member- ship of the Institution, being

The principle change, as stated divided into four sub-divisions, Land Agency, Valuation, Building above, which will be brought about or Quantities, and Mining, with, by the adoption of the new Bill, will be in connection of the pay. in addition, special examinations

Forestry, etc. in Sanitary Science, Rating, Landment of lees after the cargo is Surveying, Agriculture Valuation,

By the nature of the pork. of its members, The Institution has had a great influence upon legislation in Great Britain and the Colentes, Houses of Parliament, irrespective being constantly consulted by both of party, upon taxation, rating, building laws, sanitation, town planning, land legislation, etc., and it is laid down in several Acts of Parliament that membership is a necessary qualification to serve upon tribunals under various Statutes

worked on Sunday.

The Colonial Secretary secorded, and the first reading was passed.

NOTICE TO CONSIGNEES.

PENINSULAR AND ORIENTAL STEAM NAVIGATION On.'s STEAMIE "KHIVA,"

A HONG KONG on 20 JUNE, 1929, FROM ANTWERP,LONDON, GIBKAL- TAR, MARSEILLES. MALTA, PORTSAID, ADEN, COLOMBO AND STRAITS.

of Cargo by the

Among its Associate Members are many of the leading counsel at the and Lord Bramptor, (Mr. Hawkins) is re- Parliamentary Bar, ported to have spoken of its head-Camed Vessel is more informed quarters as the "gold mine, owing that their Goods are being landed and to the number of important arbitra-placed 47 THI BISK in the Hong Kong tion-cases held there.

and Kowloon Wharf and Godown Company's Godowns at Kowloon, where each Consignment will be sorted out Mark by Mark and Delivery, an be obtained as the Goods are landed.

The permanent address of the local branch is The Surveyors Institution, Hong Kong Branch, c/o The Superintendent of Surveys, P.W.D. Office. All communications should be addressed to the Honor- ary Secretary.

own were closely associated. He further said that the business place of the Ma Pak Leung of Fatshan and of his own firm, both in Hong-

Kong and elsewhere, were grouped

4

together in the wrappers and hand- It is most remarkable that bills because they were advertise- Cheung Cho Po gave this evidence ments giving the names of whale for the first time in the witness box sale businesses where the particular during cross-examination. In view pills and other medicines could be of the opinion I have formed of obtained. He denied emphatically Cheung Cho Po's truthfulness I that this grouping bore the mean- have no hesitation in disbelieving ing that at all the places mentioned this belated allegation. the businesses carried on were those of the Ma Pak Leung of Fatshan.

This is not a holding out action and the onus is on the plaintiffs to establish a partnership in fact. It was contended that there was evi- dence, which should be taken to rebut the evidence of any partner ADMISSION ONE DOLLAR ship, that the defendant firm receedings. The plaintiffs allege the

› PASSENGERS.

Arrivals,

Claim Not. Made Out. The result on my mind is to create serious doubt as to the side to which the weight of evidence makes the balance incline. It, therefore, becomes the more neces- sary to consider on whom the burden of proof rests in these pro- ceived discounts for the Ma Pak existence of a partnership between Leung of Fatahan, that there was the defendant firm and the Ma Pak evidence of any balance sheets of Leung of Fatshan, and the onus is the defendant firm ever having been clearly on the plaintiffs to establish sent to Fatshan, or vice versa, and this fact, for as has already been

The following passengers arrived that in none of the Fatshan balance pointed out, this is not an action yesterday by the ss. Khiva from sheets produced was there any for holding out.

entry of profits received by the London:-Mr. T. D. Pendered, Mr. Fatahan firm from the defendants. Furthermore, it was part of the GLASGOW AND LONDON. H. Hill, Mr. W. Floyde, Mr. J. Dealing with the balance sheets plaintiff's case that Mr. Chung Yu

Richardson, Mr. H. Duringer, Mr.

was endeavouring to oust the Ma proved which Pak Leang of fatshan from the Braham, Lt.-Comdr. G. Lezgham, say anything was out that the DISTILLED IN SCOTLANDA, Burt, M. F. Rendall, Mr. H.Sir Henry said that he could not

It is

The French Store Beaconsfield Arcade.

Mr. S. Wynne, Mr., Mrs. and Mise

Optional Goods will be landed here

anions Instructions have boon given to the contrary Six hours before arrival of the Stemmer,

Goods not cleared within 8 days, in- aluding date of arrival, will be subject to Beat.

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For

PORT SÄID, HAVRE, ANTWERP. ROTTERDAM, AMSTERDAM, HAMBURG, COPENHAGEN AND OTHER SCANDINAVIAN & BALTIC PORTS.

OTHER SAILINGS:-

No Fire Insumate will be effected by

any case whatever. Damaged Packages must be left in the Godowns for mamination by the Con ignees, and the Company's Surveyors, Messrs. GODDARD & Douglas, at 10 A.X., | NLS. *"Siam" on Mondays and Thursdays, within the MS. Panama

period.

M.S. "Danmark" Froes against the Steamer must | be MS. "Java before 10th July, 1999, or they will not M.S." Asia"

M.S."Chile" be recognized.

All

No Ohims will be admitted after the Goode have left the Godown

KAUKINNON, MACKENZIE & Co.,

Agenta Hong Kong, 20th June, 1999. 17899

AND

NOTICE TO CONSIGNEES.

OCEAN STEAMSHIP 00., LTD. CHINA MUTUAL STEAM HAVIGATION CO., LTD.

1ONSIGNEES per Co.'s Vessel

"BELLEROPHON" FROM UNITED KINGDOM

VIA SINGAPORE ·

to

to the final port of call to option extende

hurt

SAILING LIST. SHANGHAI, ETC,

CONFIRENT, FIC.

30th June

17th July

28th July

16th July

26th August

14th August

1st Sept.

24th Sept.

12th Oct.

Optional Bills of Lading issued to United Kingdom Ports.

For further particulars, please apply to:-

JOHN MANNERS & CO., LTD.

Telephóna C. 4071..

MERCANTILE BANK BUILDING,

"CLEN" LIne, limited. NOTICE TO CONSIGNEES FROM UNITED KINGDOM VLA PORTS,

THE Steamship

GLENSHANE"

AZWU*#;

PRINCE LINE.

NOTICE TO CONSIGNEES.

Fox NEW YORK:

EE Motor Vessel

THE JAVANESE PRINCE"

instant, at

ownership, of the alleged branches are hereby notified that their Cargo will be T If you want a really first clasa Richardson and child, Mr. B. book produced had been fabricated of that firm in Hong Kong and discharged into Holt's Wharf, Kowloon, having arrived from the abovs Ports having arrived from the above Port for the purposes of the action or other places. If this statement is where it will lie at Consignees risk and Consignees of Cargo by her are hereby on 19th instant, Consignees of Cargo are Scotch Whisky at a reasonable price, Knibt, Lt.-Comdr. C. Jacob, M that the entries themselves and the correct it appears to me that there mbject to Terms and Conditions of informed that all Goods are being landed hereby informed that their Goods sTO Storage at Hell's Wharf. The Cargo will at their risk into the hazardous and/or being landed at their risk into the C. Smith, L.-Comdr. F. Lloyd, Mr. better than του

inducing members or persons inter- be ready for Delivery from Godown on extra hazardous Godowns of the Godowns of the Hong Kong and Kowloon CAR have no

A. G. Male, Miss Grant, Mr. and explanation given of them were dis should have been no dificulty in ested in the Ma Pak Leung of Fat-

and after 1st June. Ballantine's Liqueur Whisky.

Mrs. Morse, Lt. Comdr. Crawford, honest,

A Meeting of Creditors,

Optional Cargo will not be landed here, Hong Kong and Kowloon Wharf and Wharf and Godown Company, Taimited, Mr. J. Forbes, Capt. Wake-Walker,

shaa to come and give evidence,

Godown Company, Limited, whence, Kowloon, and stored at Consignees' risk excellent.-

Professor Hau Mrs. G. Simpson, Cheung Cho Po also stated that not in support of the plaintiffs unless Notice has been given prior to and/or from the wharves, Delivery may

Vessel's arrival, but carried on from

AR broken, chated and damaged Gooda be obtained. Mr. M. Hayashi, Mr. K. Yeahida, he received a notice calling a meet- claim but also with a view to the

Goods not cleared by the 28th June, are to be left in the Gedowns, where Mr. T. Suzuki, Mr. D. Henty, Mr.ing of creditors and signed by Ma rights in the Hong Kong and other port to

which and Mrs W. McNiel, Mr. G. Sau Fung, admittedly a partner of branches of the firm which Ma

All broken, chafed and damaged Goods 1929, at Noon, will be subject to Rent

All broken, chafed and damaged they will be examined on Tuesday, 25th

10 AM... Richards, Mr. Lee Hung Chin, Mr. Ma Chung Ya in the defendant Chung Yu was endeavouring to

are to be left in the Godawar, where the Packages are to be left in the Godowns All Disime must be presented within Leung Wing Tok, Mr. Lo Wai Man, firm, and by Ma Keng Ng and in appropriate without any shadow of will be examined on any Tuesday and where they will be examined in the 15 Days of the Vessel's arrival here, Mr. Leung Yin Tsan, Mr. Fung the names of two of the Tong who claim. No such witness was Fridays between the hours of 10,45 King Cheung, Mr. Ip Puk Wah, own the Ma Pak Leung of Fatshan. forthcoming.

and Noom within the Free Storage period presence of Consignees by Mom after which date they cannot be re- Mr. Ho Kay Keung, Mr. Y. K. In this notice the signatories' des-

No Claims will be admitted after the Goddard & Douglas, on 27th June, 1999, claims will be admitted after the

at 10 AM. Olaims against the Mak, Mr. Cho Kwai Shing, Mr. cribe themselves as Wong Chin Wha, Mr. Leung Wing of the 3 Pak Leung and it is ad. conclusion that the plaintiffs-have Goods-kare loft the Vessel's Godown, including those for Cargo short delivered Goods have left the Godowns, and all

not made out their case and that and all Goods remaining undelivered must be presented on the Special Form Chin, Mr. Chu Kwok Lan, Mr. dressed to the Tak Cheung firm.

provided, and must also be submitted fendants with casts. ; Chack Pin Tein, Mr. Ho Pak Pin, Cheung Cho Po said that he had there must be judgment for the de. after the 27th June, will be subject to

Ulims against the Vessel must within 30 days of arrival, otherwise Mr. Lee Tin Sang, Mr. and Mrs. lost the notice sent to him but that

His Lordship made an order for be presented to the Undersigned on or they will not be recognized.

No Fire Insurance will be effected by Collins, Mr. and Mrs. Stratton it was in the same terms. At this

us in any case whatever. Brown, Mr. J. Huang, Major W meeting, which was presided over payment cut of "$4,000 paid into before the 11th July, or they will not

be recognised.

Bill of Lading will be countersigned by by Mn. Sau Fung Cheung Che Pe Court.

the Nature Lanre will be affected. “ BASE the tire-lofaol mid the g

BUTTERFIELY SWIEN ARDINDAN ZIZSklepie get money from Hong Kong to pay plaintiffs and Mr. Eldon Potter, K.C., and "Mr. C. G. Alabaster,

[7997 you."

21st June, 1929, K.C., for the defendants;

COLLECTORS

REMEMBER

STAMP AUCTION

Many Rarities Unique Opportunity. 79843 LAMMERT BROS.

Agra (Swedish East Aslatie Co.) left Hauburg June 18, duo Hong Kong July 29..

shareholders

(Continued on next Column).

On the whole I have come to the

Bent

"Agents."

A.M

Agents. Hong Kong, Plat June, 1929. (7996

No.

Goods remaining undelivered after the 26th instant, will be subject to Rent

by

No Fire Insurance haã boên effected. Bills of Lading will be countersigned

FURNESS (FAR EAST), LTD., And Floor, King's Building, Connaught Bonda

*No. 4. 3165, Hong Kong. 19th June, 1929, 17989