1937-06-09 — Page 2

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HONG KONG DAILY PRESS, WEDNESDAY, JUNE 9, 1937.

JUDGMENT FOR URBAN COUNCIL STUDY GROUPS

PLAINTIFF

Sequel To Action For Libel

four

There was a sequel before Mr. Justice Lindsell at the Summary Court yesterday to the libel action brought on January 20, last by Chau Kung-mau against persons in respect of an article published in the "Keng Po," since defunct, when a claim for $366.15 was brought by Wonk Peng-kwal, of 35, Staunton Street, against Lam Chung-ling of 38, D'Agullar Street, Mr. W. A. Mackinlay represented plaintiff and Mr. Peter H. Sin ap- peared for the defence,

Lam was one of the four defen- dants in the libel action.

Mr. Mackinlay said that plaintif signed a bond on May 30, 1938 with one Tong Kuk-taun, who was also sued in the libel action, whereby they became jointly and severally

bound to the Secretary for Chinese Affairs or to the Registrar of News- papers for the time being, in the sum of $3,000, the condition being that Tong should duly and promptly pay any damages that might be awarded in any action for libel in respect of any matter appearing in the "Keng Po" and, the costs of such'action, such band should be null and vold and of no effect. but otherwise should re-" main in full force and virtue. Plaintif executed this bond at the request of Tong..

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Licences Refused

TO EXAMINE

H.K. PROBLEMS

League Of Nations

Society Meeting

At yesterday's fortnightly meet- ing of the Urban Council,, Mr. O. Champkin was welcomed 23 a member of the Council during the absence from the Colony of Mr. F. C. Hall. The meeting also con- armed his appointment to serve.

A very pleasant meeting was on the Select Committee for held by the Hong Kong League of Basements in place of Mr. Hall. Nationa The appointment of Mr. W. G. Cathedral Hall last evening, dur- Society at. St. John's Harrison to act as Secretary of ing which Mr. E. C, Carter, Secre- the Urban Council in place of Mr.tary-General of the Institute of C. J. Roe was also confirmed.

A committee to consider the proposed changes in the Sanitary Department's Estimates for 1818

was appointed, as follows:-The Chairman (Mr. R. R. Todd), Vice- Chairman Dr. R. A... de Castro Basto, Mr. A. el Arculli and Mr. W. N. T. Tam

The following applications for licenses were refused:

Eating house Ecence for No. 198, Lai Chi Kok Road. ground floor, No. 129. Tai Nan Street, ground floor, and the Hong Kong Amuse- ment Park. Hennessy Road: food factory licence for No. 40, Water Street, ground floor: bake-house licence for No. 388 Reclamation Street, ground floor; offensive trade licence for No. 9. Sung Hing Lane, second Door: food shop licence for No. 66, Des Voeux Road Central, ground floor.

Paclic Relations, gave a very in- preciative number of Usteners. Mr. spiring address to a large and ap- 8. V. Boxer, Hon. Secretary, pre-

sided.

Mr. Carter appealed to the 'League of "Nations Boalety to`add' to their excellent propaganda for the League, a study section to examine intensively some of those questions of local interest of the which the League of Nations itself same character as the problems

is attempting to solve. For example,

small study sroup might prepare an article on the changing role of Hong Kong in the Far East. An other group might examirie the re- Chinese lations of British and within the Colony.

PACIFIC RELATIONS The speaker then described, in detall, the studies which the In- Present at the meeting were: stitute of Pacific Relations is car- Mr. R. R. Tudd (Chairman). Hon.rying on in each of the eleven Dr. A. R. Wellington (Vice-Chair-member countries. man). Hon. Mr. R. M. Henderson, After the address a discussion Hon. Mr. R. A. D. Forrest, Ron. took place during which some very Mr. T. H. King. Dr. R. A. de Castro constructive suggestions were put Basto, Mr. L C F. Bellamy Hon. forward by members of the So- Dr. Li Shu Fan, Mr. A. el Arcalli. clety, following which Mr. A. N. Dr. S. N. Chau, Mr. W. N. T. Tam. Macfayden proposed a vote case,

Mr. B. Wong Tape, Mr. C. Champ- thanks to the speaker. kin Mr. W. G. Harrison (Secre- tary) and Mr. In Ping-tsaung (Assistant Secretary).

On January 20, Mr. Mackinlay continued, judgment in a bel action was obtained by, Châu Kung-mau against Tong. Lam, the defendant in the present Khuk King-mui and Pun Chi- ching, in respect of certain matter published in the "Keng Po" for the sum of $700, with costs, subse- quently taxed at $268.15.

"

Defendants in that action had paid only $100, with the result, that plaint in the present case, as joint guarantor of the bond, was called upon by the Registrar of Newspapers to pay the balance of the Judgment and costs, which he did.

Be now claimed the return of.. the money from Lam, the other defendants having disappeared.

Plaintir testified to naving sign- ed the bond with Tong. Cross- examined by Mr. Sin. witness said he did not know defendant was the independent printer of the newspaper.

The "Kenz Po" had no printing machinery at all, and the printing was done by the Rumford Press, of which defendant was a member.

TONG'S REQUEST

Mr. Sin; Did you supply paper to the "Keng Po"?—No.

How did you come to be so gen- erous as to execute the bond? It was at the request of Tong.

What benefit could you derive by signing the band?—I received no benefit. I executed the bond merely to see them through as they had nothing to do.

What did Tong say to you when the writ for libel was issued?-He suggested that we should raise the funds among ourselves. When this failed, the other three defendants disappeared.

case

THOSE PRESENT

ot

Mr. §. V. Boxer, Rev, J, R., Higgs,

The list of Beences granted by Rev. H. W. Baines. Miss Corney. the Urban Council between May Dr. R. Uttley, Mr. E. Himsworth, 25 and June 7 inclusive is as

Mr. George - Snë, Prof. L. Forster, follows: Food factories 3, Food Hon. 'Mr. M.' K... Lo, Miss Wire." preserving establishments 2 Food Miss Macindoe, Rev, G. E. Carpen- shops 3, Offensive trades 6. Swine ter, Miss N. Bascombe, Mr. and Mrs. Macfadyen, Mr. Russell, Miss 36 and Eating houses 4.

Burstem, Miss N. Elliott, Mr. Ta- lati; Dr. Katle Woo, Miss Smith, Miss.

The regular returns were tabled.

OWNER "NOT FOUND

On the application of Det.-Sergt. Baldwin, Tsang Hing-kin, 31, un- employed, was remanded for 43 hours by Mr E. Himsworth at the Kowloon Magistracy yesterday when he was charged with the unlawful possession" of a radiator cap in Nathan Road on January 6. Sergt. Baldwin said that the owner of the cap had not yet been' found.

Baxter, Mr. H. Scott. Mr. Carter spent April in Japan and May in Central China. He is now on his way to the Philippines and will then visit South and North China, before proceeding to the US.BR.

."

COMMITTED TO SESSIONS

Ko Hak Ming. cashier of the Wing Bing Commission Agency at. No. 134 Wing Løk Street, and Chul Hoi general assistant of the Wing Sing Commission Agency, appeared dant, must be based on a quasi before Mr. K. Keen at the Central contract, and under the circams-" | Magistracy... yesterday afternoon, tances my client could not be held when the case, in which they are llable in any way.

alleged to have defrauded the New | Zealand Insurance Company on no less than 16 occasions was con- tinued.

His Lordship: It is not based on Implied contract. The obligation is imposed by the Court.

Mr. Sin: The law imposes such

At yesterday's bearing the sec-

Mr. McKinlay appeared for the complainants while Inspector J Murphy was present for the Police.

THEFT OF CAMERA

pleaded guilty to the charge of Wong Tax, 52, unemployed,

larceny of a camera, property of Mr. Bowden residing at No. 5. Pratt Avenue, before Mr. K. M... A. Barnett at the Kowloon Magistracy yesterday.

an obligation if a person pays the ond defendant pleaded not guilty money on behalf of another. There to all charges, and was discharged, seems to be no clear definition of while the first defendant was com- a quasi contract, but the under-mitted to stand his trial at the lying principle is that "no one next Criminal Sessions. SUBMISSIONS

should be unduly enriched at the Mr. Mackinlay submitted that his expense of the other. There are was not based on a quas two principles, (1) where payment contract, as contended by the de- la made at the request or another fence. It was based on the prin- the promise to repay will be im- | ́ciple faid down by the Master of piled, and (2) if one person has the Rolls in the case of Brooks been compelled to pay on, discharge Wharf and Bull Wharf, Ltd., v. the ability of another the law Goodman Brothers. The principle will imply a contract. The pay was, "Where the plaintiff has been ment is purely voluntary: The re- compelled by law to pay or, being quest to execute the bond did not compellable by law, has paid come from defendant, and if plain money which the defendant was could sue any one it was Tons ultimately able to pay, so that whom he should have sued. the latter obtains the benent of the payment by the discharge of his liability, in such circumstances the defendant is held indebted to imposed by the action of your the plaintiff in the amount.".

client and others by printing the Mr. Sin for the defence, sub-be mitted that his client was not a partner of the newspaper but only been no payment, there would have printer. There was a clause in been no lability. We did not ask the contract signed by his client plaintiff to sign the cond. and the "Keng Po" whereby he was forbidden to change or alter any article, whether bellous or not, submitted to him for printing. et

Mr. Mackinlay: I am prepared to admit that contract.

Mr. "Bin:Under the clausė, we have to print matters of the most libellous character.

His Lordship: Ind it difficult to see how that affects the post

tion.

RESIST CLAIM",

LIABILITY

His Lordship: The liability is

Mr. Sin: Yes, but had there

His Lordship. But your client has been released of all liability as a result of the payment

Mr. Bin: Looking at it that Way yes. But if Tong had paid, he could not recover it from my

Det.-Bergt. Brooks of the Water Police Station told the Court that Mr. Bowden reported his loss to the police last Friday and stated that someone had walked into the house and left with a camera.""""

It was also revealed that defen- dant was a returned banishee, having previously returned twice. He was sentenced to a term of 12 months hard labour.

DISCHARGED AFTER ellent. The plaintif must prove LONG DETENTION that that liablity was cast on him. by defendant.

In view of his long detention in Mr. Mackininy said the question hospital, suffering from an injured of whether or not it was a volumn-leg caused by running into a tree |tary payment did not concern the while attempting to evade arrest claim at all, as it was not based by forest guards for the possession on constructive or quasi contract. of 50 cattles of pine tree wood, If plaintin had not executed the Pun Kam-shan, a 25-year-old un- bood there would have been no employed man was discharged by paper and consequently no libel. Mr. E. Himsworth at the Kowloon

His Lordship remarking he could Magistracy yesterday, not find any distinction in the Defendant was sent to the Kow- present rasé with the principle Joon Hospital on January 26, the Mr Mack lay," gave | day of his arrest, and had since

Mr. Sin. It does. If the pub- Ilsher or proprietor of the paper paid the money, we can resist his claim for a share of the damages against my ellent. We printed the article according to the Instruo tions in the contract. It is my sub quoted mission that the claim being for judgment for money paid to use of defen-costa.

1 with | been detained for medical - freat-

ment under police custody.

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