1933-07-08 — Page 7

اير

ARCHITECT AND BUILDING

AUTHORITY

INTERESTING CROSS-EXAMINATION OF MR. VERNALL BY DEFENCE

MR. GIBSON ACQUITTED ON BOTH SUMMONSES

Mr. G. S. Gibson who appeared before Mr. Butters on two adjourned summonses in connection with alleged irregularities in reconstruction work at No. 279 and 281 Reclamation Street, was discharged on both counts yester. day by the Magistrate, who observed that he did not ap prove of Mr. Gibson's conduct as authorised architect în the case.

Mr. L. R. Andrews, Assistant Crown Solicitor prose. cuted, while Mr. M. K. Lo appeared for the defence.

'A TEST "CASE"

It will be called that when they Did the dra" of prosecution "Court ruse on Thursday Mr. An, originate in your mind or were you drews had completed his exaulina,advised to take out the summons? tion in chief of Mr. B. J. Vergall |-- don't see the point. "the Building Authorities office...

of that witness.

I am asking you a question.

The proceedings yesterday com The answer might be no point to menced with the cross-examination you but a great point to me. It is a very simple question?I was advised to do so by the learned officer of the Crown.

Answering Mr. Lo, witness said that Mr. Gibson gave him the im pression that he was trying to get his clients to give him instructions and witness believed him.

Mr. Lo How long have you been in the Building Authority Fourteen months.

I put it to you that it is an' every day occurrence as far as buildings and plans are concerned for the necessity to arise whereby an architect has to submit fresh plans to you after earlier plans had Zen approved-That is so."

Take this particular case, hypothetically so far as the facts are concerned. You discover the defects in. the wall yourself. Assume for a moment that your officer, never visited the site and That Mr. Gibson made the dis- covery hitself, there is no question

in your mind thên that Mr. Gib. |

Therefore if your letter of the 27th is correct, you yourself had no idea of prosecuting Mr. Gibson! At that time I had no idea of prosecuting anyone.

HONG KONG DAILY PRESS, SATURDAY, JULY 8, 1933

SIR ROBERT HO TUNG

Sir Robert Ho Tung, the grand old man of Hong Kong, who recently underwent a serious operation in London, but is now making a good recovery. Mr. Robert Ho Tung, Jnr., and three of Sir Robert's daughters were with him in London at the time.

(Photo by Ming Yuen, Hong Kong)

Regarding the conditions of the walls, Mr. Lo after several question asked: Standing there as an expert owing to fact that the place had witness do you say definitely and been gutted by fire and was in a positively us a fact that all the de chaotic state. I found no reason fects pointed out by you must have whatever to doubt Mr. Chow's plans existed when the plans were signor his words to me, when I sigond ed by Mr. Gibson-I should not the plans. He stated that it was say positively and difinitely but the usual to send fresh plans if devia indications are that probably the tions from the original intention defects were there immediately af

was found necessary., ter the fire.

Mr. Gibson's Vlow.

Then possibly some of them were

son would submit fresh plans 1- not there!-Possibly,

In the first place you can't accept

Mr. La then asked a series of

possible to be sure.

1

DISPUTE ABOUT A LOAN

CLAIM FOR $300. FROM ·

BUSINESS ASSOCIATE

Mr. Harold Guard of %, Garden Road and a former partner in the International Advertising Service was plaintiff in a caso heard by Mr. Justice Lindsell at the Sum mary Court yesterday, in which he claimed 8300 froin Charles North of David's Cafeteria, Hankow Road, alleged to have been-lent to defendant in July last year.

Mr. P. H. Sin appeared for the plaintiff, and Mr. O. E. C. Mar- ton, of Messre. Deacons, for the defendant.

According to Mr. Guard defen. dant was employed by the Inter- national Advertising Service to work during his spare time on a

a

90 per cent. commission buais, payment to be mode on all adver- tisements procured by him, when advertisers settled their accounts. On July 4 defendant wrote to wit ness and said he was financially embarrassed and asking for an ad- vance. Witness consulted his part- ner who refused to make such an advance from the firm so witness personally loaned plaintiff 8300. Defendant was not engaged at n salary of $300 a month, with further 20 per cent, commission on all advertisements obtained by him and 25 per cent. on all profits shown by the International Adver- tising Service, as was alleged by, the defence. Defendant left the firm at the end of July and plain- tiff did not see him again until November when he approached him concerning the loan. Defendant then stated that he was not very, well off at the time but was ex pecting. something from firni overseas. The money repaid.

was never

The defence contended that the dant from the firm for sum of $300 was due to the defen:

commis-

Gibson said he noticed the devia Answering further questions, Mr tions from the plan on April 5sion and that the loan was really He could not say when was the last from the firin and not from the time he saw the building before plaintiff as no receipt was given. that.

Mr. Lo's Submissions.

His Lordship gave judgment for Mr. Guard in the Claim and also In the course of his address to the counter-claim with costs.

The Mr. Lo: If you had suspected the Bench, Mr. Le observed that question of Commission was reler- any defect in the plan would you the prosecution was ill-advised and red to the Registrar. have signed it -The defects would ill-conceived. He submitted that

have been shown in the plan.

Throughout this case, would you be prepared to say that you did

megligence or culpability had nothing to do with fraudulent mis representation. 'I arm really

the assumption that a overseer of other question with the object he your very best to meet the Building astounded that the Assistant Crown

and I am

for diver.

THE COSMETIC INDUSTRY

of the paints will impress on his would tell the court that the walls was it that the delay had occurred? one scintilla of evidence in support FLOURISHING CONCERNS

offence mover

the defect.

ship's mind the impression thated to prove it.

If there had been any delay in support the surutions Exactly. I am in entire agree that Mr. Gibson himself considered

Mr. Gibson submitting fresh plans whose faulteney from the plaus. There is cot, ment with you there and that is one these walls unsafe.

Worship when the

were sound and could stand alone-The fault was on the part of the of the essential ingredient of the occurred to Mr. There is no wilful concealment at Witness asked Mr. Lo, if that owners who told me that could not Later in his submission, "Mr." Lo all, because if any of your officers were the case why Mr. Gibson had go to any further expense.

Witness in reply to another quesdrews to point out that the latter

said it was only fair to Mr. An eathe to inspect the site they would not mention the fact before and be sure to find out. Mr. Gibson why he had seat ia plans showing tin said that when he was told by had been scrupulously fair and en

Mr. Vernall that the work should

knows that --Certainly,

time

comes.

And therefore he would not do anything deliberately wrong, know ing he would be discovered --That is hard for me to say. I know that we waited two months for the plans,

If a local architect of Mr. Gib. san's experience knows as a fact that your officers would go and visit the site, is it or is it not a fair inference that Mr. Gibson would not attempt deliberately to mislead you--1 don't think he

I would.

that the walls were unsound.

be stopped, he immediately gaveedingly kind to the defending Mr. Lo: What I say is that it the order to stop work. If work solicitor. was uit Mr. Gibson's view that the had been carried on subsequently, Mr. Lo said that the present was wall sust be rebuilt, but that it it was without his consent. Wit test case to establish the respon- could be made sound by repairs.

ness said, that he never condoned sibility of architects. "The fact Witness: That is why I have been ay divergence from the plans sent that Mr. Gibson was guilty of an asking for fresh plans. Answering to the Building Authority.

offence never occurred to Mr. other question, Mr. Vernall agreed Mr. Lo: Throughout your deal Vernall. My friend, studied the posi. that an architect need not be on sings with Mr. Vernali was any sug- tion, in a nutshell and I do ask building site all the time. His presence was not necessary in that

Your Worship to give Mr. Gibson this much sympathy; that he is manner for proper supervision.

selected as victim of this very in- teresting teat, which the Crown Solicitor has decided to carr out.

i

in made that you had miere presented anything or caused any divergene -Not one iota.

The first intimation you had of the allegations against you was when you received the summons 7- Yes.

Magistrate's Finding.

41

IN SHANGHAI

modern

The manufacture of cosmetics, unknown in China before 1000, is becoming an important in- dustry in Shanghai. There are many factories manufacturing per fumes, soaps, cosmetics, and other toilet requisites of various descrip tions, "as well as hair tonics and toothpowder. Imported articles are gradually being displaced by these domestic products, as number of cosmetic factories in creases year after year.

the

The Kwong Sang Hong factory the oldest and largest cosmetic. factory in China, was established in Hong Kong in 1908, operating a branch store in Shanghai. The first cosmetic factory opened in Kiangsu was the China Chemical Works established in Shanghai in 1911, and alter a few years this concern was able to open a branch At present the company

Re examined by Mr. Andrews, Mr. Vernall said that it was his omplaint / that the plans and Answering farther question wit-incuments supplied by Mr. Gibson mes disagreed with Mr. Lo that in appeared to be in order but sub-

Mr. Butters said that he found Cross-examination Passages. It certain letter written by thesequent inquiries disclosed that Building authority to Mr. Gibson they were not in order.

that Mr. Gibson's knowledge of the While being cross-examined by there was no suggestion that any Mr. Andrews: Have you taken a Mr. Andrews with regard to the plans at first was merely this, that they had been prepared by a Mr. misrepresentation was imputed to very tolerent attitude and one of accuracy of the plans, witness pro Chow in his office. Mr. Gibson the defendant.

helpful co-operation to him-Imceeded with somewhat heated ex merely had a cursory look at the "After the Approval of Plan."

my opinion, yes.

planations. He was stopped by site- Mr. Lo: The discovery was made

He thought however, that factory. Mr. Andrews and he said: "This there was legally no misrepresenta is operating two factories and is Mr. Le (Aside to Mr. Andrews) is a reflection on my integrity and tion on the plan and he also accept turning out cosmetice, mosquito after the approval of the plan Until you came on the scene!

His Worship (to witness): Could

1 am going to talk."

ed Mr. Gibson'a assurance with re- incense, industrial chemicals, and the walls have been patched to Gibson We aust, connue, homself to gard to the alleged divergency, I condiments More than 100 dit. render them safe-Yes, but so anawering questions.

Worship however told. Mr.

varisties of goods ETS can't say, however," said Worship ferent much patching would have been.

"that approve of Mr. Gibson's manufactured, and are very popu; - Does not your letter merely needed that it would have been far

conduct as

an authorised archilar in local circles under amount to a request for fresh more economical to have pulled it

tect. I plans-asked Mr. Gibson to down.

agree with Mr. Lo's Three Star" brand. Most of the machinery used is from Germany send them.

and the United States, with a fow

Ys.

Is there anything to say that the defees was there before the plan was approved-Nothing at all.

Therefore the letter contains no hint of misrepresentation on Mr. Gibson's part-I don't agree.

Case for the Defence.

whether the plans were true or not? Mr. AndrewR: Could you say

the

I could not go inside the building legal submission in this case." and therefore could not criticise Mr. Gibson: "I thank you, very pieces turned out by local found the plan. I bad every confidence much.' in it "

The man who drew it was not in

a better position than you with re-

ries.

Next in importance to the Chin ♫ gard, to the accuracy of the plan have an extensive market, Among for Domestic Industries started in Chemical Works is the Association He was in just the same position the principal manufacturers the 1917 with a capital of 810,000

Kwong Sang Hong finds Shanghai Among its products toothpowder of

the'

ir fact that since the action fresh o, admitting all that the Crownia. Worship: That is not aningly used even by the wealthy facturers in Kiangsu at present

That completed the case for the Crown and Mr. I then submitted Mr. Lo then asked if an earth briefly that he had no case to an quake had come along after the war. He said that with regard to $lang were submitted

to the the divergence from the plan, its the Building Authority inspects chief field, while H.A. products, the "Butterfly" brand is used in P.W.D., would not the Building was part of the summons that that tor. Authority send exactly the same was done with the condonation of letter as they had ont in the pres the defendant. There has been no Mr. Andrew: I am not trying kien, and the Straits Settlements. of this company is, growing 1070 are very popular in Kiangsu, Fu- every part of China. The business sent ease? fitness said that that evidence at all that the architect to trap you?. would alter the whole circumstance had condoaned the divergencies at

The goods produced by the Associa prosperous year by year, and its -Witness: You can't trap m

tiota for Domestic Industries are capital has been increased to of the case

all. With regard to the summons You were therefore not in a posi. in demand throughout the country, 300,000. Mr. Lo: You are now prosecut-of being guilty of misrepresenta taun to know whether the plan-ro and

from Szechuan and other ing Mr. Gibson because he had notion, Mr. Lo read the section un premeted the true position? Yes, Yangtsze provinces

In 1919 the H. A. Manufacturing fine to send in plans? I am pro- der which the sunumons was taken but I knew that if any defects were Chemical Works draws a large Francisco, transferred its motiri- China Company, Ltd., operating in Sno secuting Mr. Gibson because for a out and argued that it was purely discovered I could send amended amount of custom. Other facties to Shanghai, being financed period of over two mouths I had matter of opinion, whether a plans..

tories, such as the Mei Sing Com by a group of wealthy Chinese received no indication that matters thing was structurally sound, The So this was a provisional plan-pany and the Yung Woo Indus- merchants in the Pacific Coast. would be righted and in the mean plan sent by Mr. Gibson showed -No it was an ordinary plad

trial Company, regard the Straits port. The company's business wa time walls are still there a danger what portions of the old walls it Was the plan true or false? Settlements as their principal not very bright at first on account to the public which might involve was intended to retain and there How dare I sign a plan if I

market.

of defective management, but im- the loss of life.

wns no miarepresentations there at thought it was false.

Cosmetics were once considered;

proved after, reorganization.. Your attitude is not affected by all. In point of law," said Mr.

articles of luxury, and were’spar- The number - of ourswetic manu? plans have be submitted Why witnesses have said there is no

classes, but howadays. these articles runs to about 50, but with the should it be..

evidence in support of either give that answer I am content, among the fair, sex. Not satisfied and Yangchow, the industry is con Mr. Andrews: If he wished to are becoming daily necessities" exception of four in Sunkiang Mr. Lo. I cannot answer that charge."

Witness: I was not looking for with the quality of domestic procentrated l-Shanghai, the Sincere question I cannot follow your Mr. Gibson then out into the trouble. mentality at all

witness box and said that he had M. Andrews: You were not in a Shanghai and many other ports of $1,200,000 being the largest dueta, the society women in Perfumery Factory, with a capital Did you summon Mr. Gibson off been an architect in Hong Kong position to confirm the particularsuse a large quantity of imported The cosmetis, industry employs in your owe hat? I mean dif it sud for five and a half years. The set out in it perfumery and cosmetics as well the aggregate, approximately 2,000 denly occur to you that Mr. Gibson plan in question: wag drawn by a Witness: I had faith in mynais as toilet requisites. Though Japan persons, receiving monthly wages had committed an offence No, I draughtsman in his office named tant. What's the use of having ese products have gradually dis of from eight to 10 dollars, have said before that the walls are Chow. Before witness signed it be assistants in whom you have no appeared from the Chinese mar Principal Markets, there unsupported except by shor.went to the site and made a cure faith and a dosta, those from America and ing work done by the Government sory inspection because, amors There is a danger of the walls col-detailed inspection, was impossible curacy when you signed the plansoupecially the products of the lead-tio factories, as a rule,

You were not sufe of their ac Europe vare still in great demand, The products of the small cosme

do not Inpsing

(Continued on nezt, colui

I was as sure as it was humanlying firms engaged in this business. (Vontinued on tous column).

Answer,

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