1938-01-07 — Page 2

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HONG KONG DAILY PRESS, FRIDAY,

SLANDER ACTION Malicious Words Allegedly

Uttered In S.C.A. Offices

An acilon for slander was heard before the Puisne Judge, Mc. Justice R. E Lindsell, in the Summary Court yesterday, when a labour contractor sought $1,000 damages from a woman for hav-" ing falsely and maliciously spoken and published of him, at the Secretariat for Chinese Affairs on November 22 last.

The case for the defence wasa complete denial of the words and that even if they had been spoken they were incapable of a defamatory or actionable meaning?

.

JANUARY 7, 1938:

PASSENGERS

S.S. Chitral

The following passengers arrived In the Colony by the P. and O: 3.5. Chitral-

Mr. and Mrs. H. R. Bitters with Infant and "amah, Mr. A. Buling: ham, Dr... G. D. R. Black, O.BE, Mr. D. E. Davis, Mr. and Mrs. R. Grainger and Infant, Mr. A. T.. Godfrey, Mr. and Mrs. C. R. Harris, Cdr. W. N. Kingdon, RN. (Retd.), Mr. and Mrs. Lyon and Infant. | Mr. G. Lyon-Mackenzie, Mr and

Mr. M. A. da Silva appeared for Callum Who said he believed the the plaintiff, whlist, Mr. D. Mcreaspa for the correction was that Mrs. A. MacRabble and Infant, Callum conducted the case for the Mr. Silva had now discovered there. Mr. and Mrs. H. W. G. McLarc.1

defchco,

Yuen Lok-kam (plainti), labour and transport contractor for the Taikoo Sugar Rednery, sought $1,-

was someone in the SCMA. who could give evidence and was trying to substantiate that testimony by saying that the slander was uttered In the corridor and not near the doorway

applied for an amendment earlier.

and infant, Mr. P. Snaith Mr Ja T. E. Walner. Mr. R. H. Palmer. J. Walsh, Miss. K. J. Archer, Mr. Mr. A. W. C. Pike, Mr. A. H Ben- ney. Mrs. Lennox-Conyngham and infant, Mr. J. A. Clarke, Mr. and Mr. Richards," Mr. E. M. Mento. Mr E Fong, Mrs Ricardo Mr. F. Ash; Mr. and Mrs. B. E. Arns, Mr. .C. Hall, Captain and Mrs. L.

T. D. Hughes. Mrs. E. Watzón, Mr.

000 - damages for Calander from Thang Fung-choi for having faisely and maliciously spoken and pub- In order to clarify, the position, lished of him at the S.C.A. on Nov. Mr. Silva stated that throughout he 22 Inat and in the presence of had been instructed by his client Messrs, R. J. Minnitt. Lal Chi-that the slander was uttered not cheong, Leung Che-Wing and Tsang near the doorway, as thè unfor- Fung-klu, the following words: "He tunate wording of the pleadings. J. Brassinne. Mr. Wong Peng pawned my gold "bracelet. He is a

night lead one to believe, but in Wah, Mr. and Mrs B. L. Stock and No. 1 gangster:" (Lan Chai Tau). the corridor. He was under the infant, Mr. A. G. Warren, Master According to the statement of impression that the wording, was D. Warren, Mr. H. MacDonnell, Mr." clalm, "defendant was further currser otherwise he would have. L. Connell, Mr. Wilson Heng alleged to havé uttered on the same day in Connaught Road Central, near the doorway of the S.C.A. and in the presence of Mesark. Léung Che-wing, Tsang Fung-klu aha other bystanders. the following words: "He is a No. 1 gangster. He forced a person called Tsang Fook to sign a promissory note in his favour by threatening Tsang Fook with a revolver. He did the same thing with another person | note. called Mak King-wan,

¢ና thus de- frauding them of several thousand dollars. On his request I gave false evidence for him in Court.”

:t PRIVILEGE CLAIMÉD' The defence.claimed privliege in relation to any words spoken in the presence of Mr. Minniti and others' as under statutory authority vested in him."

His Lordship remarked that un-Mme. Loke Lin, Miss I. Pascoe, Mr. der the circumstances he could not Mr. Cheong Yee Fong, Mrs. E. W. Chan Luck Poo, Mr. Wille Heng. (resist the amendment.______

Flanagan, Mr. and Mrs. M. Mel- ville Captain A. Cunningham- Tweedle.

Dealing with the action itself. Mr. Silva declared that there were actually three slanders, one of which related to an actual case in Court in which-Tsang Fook had alleged that plaintiff had threaten. cd, him into signing a promissory

SS. RAWALPINDÏ

The following passengers arrived in the Colony from the North by the sa, Rawalpindi.--

NO: 1. ĠANGSTER

there had been for the past eight Continuing Mr. Silva said that

Mr. and Mrs. Lee Yean Kean years intimate connections between and infant, Mr. Mo Barn Haun, the parties in the present action Mr. and Mrs. Young Kong Hung until recently when there was a and seven children, Mrs. Cook, break, as a result of which certain Master Cook, Mra, B. F. Nash, Mrs. demands were made of plaintiff by 8. L Spencer, Miss J. D. Roberts. defendant. Plaintiff referred the Mrs. M. Walters, Mrs. L. Stamer, matter to the S.C.A, and defendant į Mt. C. A. Lick. Mr. S. W. Jackson. was sent for on November 22. She Miss E. Weinple, Mrs. W. A. Hen- denied the allegations and said son. Mr. and Mrs. C. E. Jordna. that the only demand she had made was for money to redeem a gold bangle which plaintiff "had

Outing the case for the plaintiff, Mr. M. A da Silva declared that in respect of the second part of the slander, the words were ulter- ed in the corridor of the S.CA and not near the doorway as stated in | pawned.

pleadings. the

Previously the At this stage Mr. McCallum 3.C.A. had 'claimed privilege for its stated that he claimed privilege for stan but now they had; on the ad- that occasion, suggesting that the vice of the

law officers of the S.C.A. being a domestic tribunal Crown, walved that privilege and people could there and speak consented to allow one of its door- their minds men, who heard the slander, to give evidence,

Replying for the defence, Mr. McCallum remarked that he waN not prepared to answer for any- thing except those things mention- ed in the pleadings. His Lordship thereupon suggested that 17 amendment be made; put this was strongly' objected to by Mr. Me-

WIFE GRANTED SEPARATION

Husband With A Bad Temper

Miss E. A. Jordna, Mr. J. Shannon- White, Mr. F. G. Strong, Mr. C M. Wong, Mr. J. L. Burris,” Mr. A. S. Rosales, Mr. M. A. Annette, Mr. L. Barzini, Mrs. Boürdzeżź and in- fant, Mr. A. L Caplan, Mr. S. D. Chang, Miss Chang, Miss A. G. Chatham, Mrs Chao Luan Hsiar, Master Luling. Miss Wu See Shen, Mrs. Chao, Miss Chao, Mrs. J Chen, Mr. W. S. Chu. Mr. M. C. Chung. Mr. S. N, de Winton, Mrs A. Dittman, Mr. R. J. Elles. Mr. His Lordship reserved his decision and Mrs. Falkner and two children, on this point, and Mr. gülva then | Mr. J. Hartzenbusch, Mr. E-L went on to deal with the slander and of how the words came to be uttered

•

Mr. Sliva refitted that there could not be privilege in the 8.C.A, as it could not enforce laws.

Alter evidence was given, hearing was adjourned.

GIRL ABDUCTOR IMPRISONED

A judiciul separation was granted to Mary Lau, wife of Chan Kung- wan, who was summoned before Mr, K. M. A Barnett at the Kowloon Police Court yesterday" for persis tent cruelty to his wife for aght years since their marriage in 1930 on a promise of work. When she ghen. Mr. Y. Tạ Tầng. Mr. Y. T.

Hebel, Mr. and Mrs. EL Hsieh, Miss Haleh. Masters Hsieh (two) Master R. Tan, Master E. Tan. Miss E. Tan. Mr. and Mrs. H. W. Tan, Mr. Ting. Mr. C. C. Tong, Mr. G. H. Tsal, Mr. and Mrs. R H. Wang and infant. Mr. Wu, Mr. 8. Y. Yang, Mr. Yang, Mr. Allman, Mr. T. D: Adams, Mr. J. H. Campbell. Mr. 'K. K. Chal, Mr. A. P. Chang, Mr. C. T. Chang, Mr., Chan Hol, a widow living at an

Y. M Chang, Mr., C. Y. Tslang, unnumbered hut in. Aberdeen, was

Mr. S. C. Chen, Mr. B. M. Chen, sent to prison for six months by Mrs. Chen Song Z, Miss A. Chen Mr. R. A. D. Forrest at the Central Mr C. T. Chu. Mr. C. T. Dong, Mr... Mrs. H... Cheng, Mr. K. C. Chong. Magistracy yesterday when she ap- peared on remand on a charge of N. Getz, Mr. Y. L. Han, Mr. Y abducting a girl under 21 years of W. Hsi, Mr. and Mrs. 8. 6, H, Mr. C. Heung. Mr. A. V, Harmiloff. age. According to the prosecution,, the girl, who was 14 years old, was Mrs Koo Kia Dong. Miss Koo Sui taken from her home at No. 106 Ying. Mr. L. Y. Lal., Mr. H. C.;

Chen. Mf. H. T. Li. Mr. P. C., Lock. Connaught Road West on Decem- ber 30 by defendant to Aberdeen Mr. H. Y. Mel, M'ss L. C. Pereira, Mr. A. N. Philippoff, Mr. Y. C.

and unlawful assault on December 42

requested to be sent home defen- dant refused to take her. Chan Hol was seen by a friend of the girl's mother on January 1 and arrested.

DOG OUT. MINUS MUZZLE

Mr. Peter H. Sin represented the complainant and in his opening said. that his client, Mary Lau waa mar- ried to 'defendant in the Supreme Court in Kuala Lampur in 1929. A year later they both returried to Hong Kong where they stayed for a short while atter which defen- dant returned alone to his country. After remaining in his country for a few months, defendant came back to Hong Kong with another woman whom he termed as "equal wife." Bince the introduction of this new wife to the family, com- plainant was said, to have been subjected to persistent cruelly trumloon Magistracy yesterday when her husband who had a bad tem-

per

On December complainant went out with a lady friend and her brother to the cinema and, on returning home defendant accused her of having gone out for immoral. purposes and assaulted her..

Solicitor's Pet Bites Small Boy

Triang, Mr. T. H. Tseng, Miss Y. song, Mr. C. E. Wang, Mrs. E. Wong, Mr. Woodhouse, Mr. 8. Y. Yang, Mr. Young and child, Mr. T. C. Yuen, Mr. C. Zee.

FOUR MONTHS FOR STEALING PURSE-

Mr. Peter H Sin, the solicitor, imposed on Lab Ha, 21, when he Four months hard labour was residing at No. 17. Kent Road,pleaded guilty before Mr. . Ed- Kowloon Tong, was Bned $10 by wards at the Central Magistracy Mr. K. M..A. Barnett at the Kow- yesterday to larceny from the per- his representative pleaded guilty to Lok Street of a purse containing aon of Chinese, gentleman in Wing

and white dog to wander in public for £2 and three shillings. De the charge of allowing his brown $5 in Hong Kong money, a cheque without muzzle or lead on Decem-fendant had two previous convic- boy was bitten.. ber 12, as a result of which a small tions Another man who was charged with alding and abetting him was discharged when he pleaded not guilty. Detective- Bergeant D. Davies prosecuted...

For keeping a black chow bitch Dr. Ho Tin-sang in evider.ce without a Hcence, J. R. Santos, of said that he examined complainant No. 458, Prince Edward Road, was on the day after the alleged assault fined $15.

and be found that complainant had i

a black eye and the right thumb

was sprained. There was also a

bruise on the left 6th rib. The paration to complainant and order- Above Injuries he said could have been sustained from blows.

Defendant offered no defence though he pleaded not gulity to the second charge "and" was con- victed on both counts for which Mr. Barnett granted a judicial se-

ed derengnt to pay monthly allow auces for the upkeep of the with and a child whose legal custody was committed to the complainant, A mum of $15 being doctors fee for the examination was also ordered to be repaid by defendant.

FUNERAL SERVICES

The funeral services for MẸ Harold Welch and MALËS Bangster, two American nv'ators who were killed in an airplane ac- cident, were conducted, by Rey, Simms Lee at the chapel of the International Cemetery at 1 pm. on Wednesday, January 5.

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RIFLEMAN HELPS

ARREST SNATCHER

Rideman Edwin Hamilton of the Buyal Ulster Rifles was highly commended by 'Mr. K. M. A. Barnett for the prompe assistance given in the arrest of a handbag matcher, Ho Wal, aged 25 on Wednesday evening. The magistrate, also in-

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structed Detective Bergt, Scotti, who prosecuted, to make special man- to Hamilton's superar ameer for his public-mindedness,

Eo Wal, who snatched a hand- bag from Miss Llicy Lin in Nathan Road near the Hong Kong Motor Accessory Company's garage - on Wednesday, pleaded guilty and was sentenced to two months imprison-→ ment with 10 strokes of the cane.