1934-08-10 — Page 7

WAS PLAINTIFF A

PARTNER?

Claim Against Dennis Victor Of Lido Dancing Academy

Before the Chief Justice, ills Honour Mr. A. D. A. MasGrégor at the Supreme Court yesterday, Hippocrest Dedeokiau," of 'the Graeco-Egyptian Tobança claimed $1,800 from 'Denik Victor, of the Lido Dancing Academy, of 144, Des Voeux Hond Central.

The claim was in' respoçt of 1.0.0.'s and the defendant con- tested the claim on the ground that the money was advanced by -- plaintiff as a partner in the Academy.

HOW THE BUSINESS WAS FORMED

Mr. H. G. Sheldon, instructed by Mr. T. P. K. Kemble, of Messrs. Wilkson & Grist, appared for plain- tiff and Mr. Leo "D'Aluiads, Jnr instructed by Mr. D. B. Evans, of Johnson, Stokes and Master, represen- ted defendant..

counsel submitted that it Plaintiff's was for Hafendant to open, and after Mr. D'Almada had argued against this, his Lorship ralol that the onus was on defendant.

The Alleged "Partners"

Mr. Sheldon: Why did you not go more than once to ask him if he had found the IO.U.'s during the next three weeks,7

Witness: I was too proud.

HONG KONG DAILY PRESS, FRIDAY, AUGUST 10, 1934.

LOCAL AIRPORT DEVELOPMENT

Report For The Year

The report on the development of the Aliport in Hongkong for the past year, issued by the Hon. Comdr, G. F. Hole, the Director of Ak Services, as as follows:-

Further progress has been made in the development of the Air port at Hongkong,' the whole off the Aerodrome surface being avail- áble for use. The Hangar and an. nexes were extensively accupled and increase in oor space rentco being shown over the previous

year. In June a vote of approxi- mately 8800.000 was passed for

further development including pro”. vision of a new Hangar and Slip- way at the' western ́end of the Airport.

There have been 1455 fights of Civil Aircraft, totalling 850 hours, during which 567 passengers were earried, the decrease 'in number of passengers carried being due to the suspension of Flying Club «ac-

Up to this unfortunate_row on October 20, it was perfect friendship between Dedeoglou and yourself-tivities. "No Not exactly. We had many rows which we settled one way or the other. The disputes were always on the balance of the sum he promised

me

Witness regarded the partnership as having existed in fact, and in sub- stance for only 20 days, daring which Dedeoglou paid a total of 82,200, but afterwards withdrew from this a sum of $100 because he had need of it.

Mr. Sheldon: Did he give you an 1.0.U. for this $100 - No.

"I Trusted Him”

Mr. D'Almada said both parties were Greeks. Defendant was a ship's steward until June last year, when he landed in Hongkong intending to go on to Australia. Passport diffical ties kept him in the Colony, however, and he met plaintiff and a man Remo dios with whom he discussed the pos aibilities of going into the cabaret "business. Remedios was then running the Silver Moon Dancing Academy but he decided to come into the Lide venture with plaintiff, defendant, and another Greek named Alexander.

Why didn't you tell him you were Defendant put down 83,000, Alexan-being made personally responsible by dor 82,100, Remedics nothing at all,

those LO.U.'s-I did not see it that plaintiff 83,000 for himself and another way, $1,000 on behalf of Alexander.

Is it not rather unusual for one partner to give another an LOU. for mousy put into the business? Itrasted him and I gave him those I.Q.UM

Is it not a fact that those IO.U.'s were personal loanst-That is not sa

Plaintiff, for reasons best known to himself, wished to be a silent partner

He was liable to the balance on the and was not to be identified with the partnership money promised when he management. Ho advanced various left the business, is that your view sums amounting to $1,800, for which I was trying to borrow money to con- he received 10.U.'s from Victor, in tinue the business, and he had agreed pursuance of his partnership intento come in as a partner and pay 24,000. tion. Plaintiff put his brother, Mr. On October 5, the business was losing Costa Dedeoglou, in the academy to heavily, and I considered myself en- watch his interests and help keep the titled to get from him the balance of

this sum.

accounts.

On October 8, an agreement or memorandum was drawn up by de- fendant at Alexander's Beauty Par lour a

and signed by hits and Alexander, Plaintiff said he would come along to the Lido and sign the partnership agree ment that night and give back to Victor the I.O.U,'s he held for $1,800. There was a quarrel at the Lide that night, however, and plaintiff did not sign the agreement or give back the IOUS

Defendant, in the witness box, said when he first came here he considered taking over plaintiff's shares in the Ice Street Snack Counter, but after seeing the business there he decided against the idea. He had $1,000 and £250 on him and a few other sums outstanding which were due to him.

Called Bim "Hippo" When the Lide was got into action he was given 8100 month wages for running it and it was agreed that he was to receive a share of the profita. The Lido lost money from the start and continued to lose.

On October 23, Alexander made an

very

fact

agreement at Mesers. Lo & Lo's office to assign his interest in the business to defendant.

Mr. Sheldon" You were friendly with plaintiff. In you used to call him "Hippo

Witness: 1

WAS very friendly but I never called him "Hippo."

I put it to you that when you came here you went to plaintiff and asked him to help you! You only had $500 on you when you left the ship and you asked him to look after it for you?-No. I had 81,000 and £250; the latter I kept in my belt all the time.

If plaintiff was a partner with you on September 6, he would be a party to the tenancy agreement for the Lido Yes, if he wanted to. Ho became a partner on Beptember 14.

accidents

during the year.

occurred

One Foreign and nineteen Air Ministry Certificates of Airworthi- ness have been validated for the Colony and continuous inspection of all Civil Aircraft in service or under repair has been carried out.

Eleven examinations for "A" Pilots licences have been held, all candidates passing.

Eleven "A" Pilots licences have been issued and ten renewed."

One "B" Pilots Licence has been issued and four renewed.

LEGISLATIVE COUNCIL

New Bills Pass First Reading

STATEMENT. REGARDING

FERRIES

OUR HARBOUR

Interesting Extracts From Official Report

The following is extracted from the report of the Harbour Master

for 1933:-

"

The year 1933 showed a slight increase in the amount, of ship-. ping using the Port of Hong Kong, the largest Junks, Local Trade.

increase being in

Foreign Going Shipping entering A net de- and clearing showed crease of 887 vessels and 991,422 Sirtons, while Local Shipping showed an increase of 5,374 vessels and 149,897 tons.

A statement regarding the Vehicular Ferry by the Hon. Mr. Edwin Taylor and the passing of a number of new bills was the only business conducted at the meeting of the Legislative Council held yoitering.

His Excellency the Governor, William Peel, KUMO, KH.E pre- sidled and there were presenti

His Excellency, the General Officer, Commanding the Troops, Major General O. C. Berrett, C., C.51.0, C.R.E., D.S.O.

British Ocean Going Shipping has decreased by 187,458 tons and

British -River Steamers has also decreased by 677,298 tons.

The Hon. The Col. Secretary, Sir Thomas Southorn, K.BE, UMG

The River Steamer Trade has The Hon. The Attorney General, Mr.decreased on all routes, several K. E. Lindsell.

Affairs, Me. N. L. Smith

The Hon. The Secretary for Chinese

The Hon. the Col Treasurer, Mr. Edwin Taylor,

steamers being laid up due to the general depression.

During the year seventeen ahips were registered under the provi- The Hon. Mr. E. D. C Wolfe, C.M.G..sions of the Merchant Shipping (Inspector General of Police).

The Hon. Com. G. F. Hole, IN.

Acts, and twenty-Ave Certificates (Retired) Harbour Master"

of Registry were cancelled.

31,405 seamen were engaged and 30.961. seamen were discharged at the Mercantile Marine Oface and on board ships during the year as compared with 32,883 engaged and 31,831 discharged in 1932,

The Hon. Dr. R. Wellington, C.M.G. (Diretor of Medical "and Sanitary Services).

The Hon. Mr. R. Henderson (Director of Public Works).

The Hon. Sir William Shenton, Kt. The Han Mr. C. Gordon Mackie. The Hon Mr. R. H. Kotewall, C.M.G., LL.D.

The Hon. Mr. J. P. Braz The Hon. Mr. S. W. T'so, U.B.E, Houses LL.D.

The Hon. Mr. T. N. Chau,

+

The Hon. Mr. J. Owen Hughes. The Hon. Mr. W. H. Bell, Mr. R. C. North (Clerk of Councils).

Vehicular Ferry

...

Ninety-four distressed seamen were received and admitted to the Sailors' Home and Boarding Of these eighteen were sent Home, four to Calcutta, seven to Sydney, one to Brisbane, three Ato Singapore, thirty-six to Shang- hal, seventeen obtained employ. ment, tifte re-shipped, four ship- ped and Sators Home.

one remained in the

Forty-eight Aircraft entered the

The Colonial Treasurer moved "That Airport from abroad and eighty- this Council approves the further ex- three were cleared during the penditure of $16,232 on the Vehicular year.

Ferry during the financial year 1933, stop-which sum shall be met fron loan funds and shall meanwhile be charged as an advance from the Surplus Balan- ces of the Colony."

Visitors of note who have ped at Hongkong during the year

included Mademoiselle Maryse Hilsz, Paris to Tokyo; Capt. Bremer

& World Tour: Senor F. R Loring, Madrid to Manlia, Mr. Bixby of Pacific American Airways who is organising air routes in China and Viscount de Sibour, Paris to Hongkong and return.

The Hongkong Flying Club has. Replying to other questions by owing to unforeseen circumstances, Counsel, Victor said that he had tried,temporarily suspended operations. once, to get Dedeoglou to pay up this balance, had seen Dedeoglou about the LOUA and had also seeu his solicitor, Mr. Tinson, regarding the position and the responsibilities of both Dedeoglou and himself.

He was hard pressed for money, had been since, and had tried every means to raise it.

Asked if he still considered Dedeoglou as a partner on October b, when he went to see his solicitor, witness after some hésitation, said be regarded such partnership as having automatically expired on October upon Dedeoglou's default with the balance. After that date he did not know what Dedeoglou's intentions He never said a word, and went no further than installing his brother at the Lido.

were.

The decrease in revenue has been brought about by the fact that al- though the number of Aircraft housed were comparable with those of the previous year, the size was considerably smaller.-

$1,066.78 was expended by the Harbour Master on behalf of the Board of Trade in the rellet of these distressed seamen.

known as The Mercan- He said: Your Excellency-The tile Marine Assistance Fund of total amount expended on the Vehicu: Hong Kong" was established to- Isr Ferry to the end of 1933 amount wards the end of the year. but ed to 1,741,650.70. Of this sum

did not come into active force $325,231.14 As spent during 1933. uns! 1834. This Fund which is Hon Members will recollect that reso- lutions for $170,000 and 8139,000 total-

administered by a Committee con- ling $309,000 were taken on 8th. Oct, aisting of the Harbour Master 1939 and 14th. Dec., 1833, respectively, (Chairman) and four members ap- for the estimated expenditure pointed by the Governor-is-main--| during 1933. As 325,231.14 was tained by annual appropriation spent during the year it is necessary to take a resolution for the balance Colony for the purpose of grant- from the general revenue of the viz., 818,232.00. I would add that the total approved estimate for the Ferrying asalstance to distressed Mer- at present is 81,864,000 but it” u cantile Marine Officers and Sea- possible that further funds may be men. required before finality is reached.

The expenditure figures are ex-

I therefore more "that this Council clusive of any salary for the Direc-of 818,232 on the Vehicular Ferry approves the. further expenditure of tor of Air Services who as Harbour during the financial year 1933, which Master performs the duties with-sum shall be met from Loan funds and out further remuneration, The shall meanwhile be charged as an cost of Public Works services also advance from the Surplus Balances of is not included, in accordance with the Colony".

The Colonial Secretary seconded the general practice in

depart and the motion was adopted. mental reports.

י

LOCAL BROADCASTING

Dedeoglou to the Hongkong Electric Regarding the guarantee put-up-by- Company in the matter of the fans, Victor asserted that this was the act of a partner and not of a friendship the existing between Greek and Greek.

Alexander Beauty Parlour, said he put Mr. Alexander, proprietor of the

According to the report issued by Hong Kong Broadcasting

actual hours of transmission to- Station for the month of July, the 82.500 in the business, and the idea talled 242.25 of which 151.25 were was that he was to receive equal devoted to European mogrammes profits with Victor. Dedeoglou later and 91 to Chinese programmes, as was brought in as a third partner.

Witness admitted that after he had follows:- helped to put up the cabaret he went that he was never paid for doing so. to work there every night, but added

Asked if he know Costa Dedeoglou," witness said that Costa worked at the cabaret.

"

Signed too many papers

Wilhelm Schmidt, of the Alexandra Beauty Parlour giving evidence said that he know both Victor and Dedeoglou.

Asked if he remembered anything about an agreement over the cabaret,

Do you remember the document

Was he partner on October 231-witness said he did sign several papers. When you made the agreement with which concerned the Lidol-1 signed Alexander on that dute, where did the so many papers, I was afraid to sign other partner come in He was a any more (Laughter). silent partner.

What papers did you sign-Isigned Who gave instructions to Messrs. Loons about a piano, and then I signed & Lot-Alexander and myself.

another that I had seen the piano And he was to get $3,000 if the (laughter) and then another that the business paid and you were not to be piano belonged to Mr. Chan or Chuk responsible for it? Yes. He was to be or some other person. (Laughter). paid if the business was successful. -

Pressed on the point, witness id: What about the plaintiff-He was If you show me the paper, I will tell out of it already.

You said he was in on October 22 you whether I did sign it!

I am sorry. He was out between the ead of September and October 6.

I

Why did he go out-It was someth ing between him and Remedios. They were working to throw me out. threw Remedios out because he could not advance any money.

Your story is that this man, who withdrew from the partnership asked you to draw up a partnership agree ament on October bf-Yes.

Does it not seem curious? No. He had advanced money and be wanted something to show for it.

Righteous Indignation Speaking of the quarrel, witness said that on October & plaintiff went into the Lido and said he had mislaid the 1.0.U. He wanted to take a girl out and witness thereupon ejected him. “You were full of righteous indigna tion. at the suggestion!"-romarked, Counsel.

Mr. D'Almada: If the paper can be produced we won't be hore.

Morning Transmissions

including Commercial News and Church Re- lays

Euro-Chi- Dean riese

31 493 Evening Transmissions...102 873

1511 01 Monthly percentages: European, 62.4; Chinese, 37.56.

New Licences issued during Jais, 1934-167.

corded programmes were broad cast from 2.EK. on a frequency of (40 kbcycles, from 8.30-19 p.m. Total number of hours- 13%

Jury Ordinance

The Attorney General moved the first reading of "A Bill to amend the Jury-Ordinance, 1887." He said, "this amending ordinance introduces no radical changes in the law but re gularises proceedure in respect of Fassing over (when necessary) persons drawn for & Caroner's Jary panel, in jurors, and in respect of the recording respect of the method of summoring of juries verdicts which has long been followed in fact...

The Colonial Secretary seconded and the bill was read the first time.

Coroner's Abolition

L

be submitted to this Council in due A further amending Ordinance will

course and after that is passed it is expected that Part I of the Act which deals generally with Safety at Sen will Order in Concil. also be extended to the Colony by

The details of the legislation con- cerziell appear in the Objects and Reasons

bill was read a first time.

The Col. Secretary seconded and the

Betting Duty

The Attorney General moved the first reading of a "Bill to amend the Betting Duty Ordinance, 1931."

He said: Since September of last tickets has been at the rate of 21 per year the duty payable on parimutuel cent of the face value of each ticket, and for the year ending 31st. Maroh Inst the Jockey Club paid over $100,000 duty in this respect.

It is considered fairer that the duty should be charged on a sliding scale which can be varied from time to time. by resolution to this Council.

The Attorney General moved the first reading of A Bill to amend the Coroner's Abolition Ordinance, He "A copy of the resolution intended to said: "The scope and purpose of this be submitted to this Council if the bill are roficiently shown in the Ob: Bill is passed is in hands of each mem- jects and Reasons. The only material ber. alterations of the existing law are as follows:

(o)By Clause the Governor in Council is empowered to make rules in connection with inquests and poet-

mortems.

The Colonial Secretary seconded de the Bill was read a first time.

Supreme Court

The Attorney General moved the first reading & Bill to amend. farther the Supreme Court Ordinance, 1871. ance, 1973, has been found defective in He said: "The Supreme Court Ordin- yet another direction in that it pro-

Colony

(b) In respect of deaths of prisoners Thursday evening, in addition to quiring an inquest to be held in every

N.B.On

each Monday and under sentence, the old provision re the Chinese programmes broad-

Case within twenty-four hours (or cust from Z.B.W. European re-forty-eight hours if a 'dies non" vides no machinery for Instituting

now to spply only to the case of against intervenes) has been relaxed, and is revenue claims by the Government execated prisoners.1 (Danse 4).

persons who are not in the The amended proviso to be enacted by clause 2 of the Bill cares this defect, and the new sub-section (2) to be. added by clause 5 to section 13 of the principal-Ordinance vesta in the Registrat of the Supreme Court the powers and duties on the revenue side of the King's Remembrancer in England. M

a place of his own.

He said to you that he now went to the Lido-No. he said he started place of his own.

a

Did you know he had started one -Subsequently I found out from his

Madame Olga Kauffman KAVO evidence in the course of which she said she remembered signing a paper brother.

...(6) Claasë 8 abolished the dis cretion of a magistrate acting coroner to commit direct for trial a person against whom at an inquest evidence of the commission of a crime has been disclosed, and requires the institution of ordinary proceedings before a magistrate as the initial step in every such case t; (d) Clauses 9 and 10 give to the Attorney General similar powers, in particular the power of requiring a magistrate to hold an inquest, to those section 6 of the Coroners' Act, 1887.

Merchant Shipping:

but could not recollect what it was' Mr. G. G. N. Tinson was the last about or the names that appeared in witness called for the plaintiff. Mr. conferred on the High Court, by

it.

Tinson was questioned regarding a Mr. Singham of 35 Queen's Road letter written in September last in Central was the next witness called. which Dedeoglon was treated as a Witness said he knew a Mr. partner. the Paris Silk Store of which witness Alberto who was connected with

· Counsel's Submission was Manager. Mr. Alberto was con- Mr. Sheldon at the conclusion of the pected with the Roxy cabaret of day's sitting submitted that he had no which Mr. Dedeoglou was in Septem- cass to answer as defendant had not ber last a frequent visitor. Witness produced the evidence which would upon one deansion asked Mr. Deceog discharge the onus laid upon hint: on why he did not visit the Foxy as There was no evidence of partaprship frequently so he used to and was told and Mr. Sheldon submitted that it by the latter that he had started a would be a waste of time to go on. place of his own in Des Voons Hoad Central

Mr. Sheldon(cross-examining): What ozactly did he say?—He said he had

The other amendments are, amend- ments of the wording of sections 9-11 of the principal Ordinance as anseted by the amending Ordinance of 1832 and are based on a request for such amendments by the Secretary of state, The Colonial Secretary sebonded and the Bill passed its first reading, The Attorney General moved the "A. Bill to amend the Official Sign first reading of á “Bill to amend the atues Fees Ordinance, 1898", law relating to Merchant Shipping. read & first time while the following He Said: "The amendments to be bill passed through ita final stages:—** effected by this Ordinance are necess."A Bill to consolidate and amend itated by the intended extension to the law relating to the Registration the Coluny of the Merchant Shipping of Births end Deaths"

Safety and Load Line Coventiona) Act of 1939

Part II of that Act which deals with Load Line and Loading will be His Lordship however adjourned proclaimed by Order in Council of until this afternoon to give Me | His Majesty as applying to the Colony D'Almada an opportunity to reply to with necessary modifications when the pointa raised by Mr. Shekion, this Ordinance has been passed.

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