1938-05-04 — Page 2

PAGE 2-HONG KONG DAILY PRESS

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COURTS

WEDNESDAY, MAY 4, 1938

FAMILY DISPUTE HEARD Man Faces 82 BEFORE CHIEF JUSTICE

Chinese Experts Disagree In Partnership Case AGREEMENT AT WILL ALLEGED BY COUNSEL FOR DEFENCE

A family dispute led to the appearance of a mother-in-law and son-in-law on different sides of an action heard by His Honour the Chief Justice. Sir Atholl MacGregor, at the Supreme Court yes-

terday.

Plaintiff was Mrs. Fong Shak-king, who claimed a declaration that, under a partnership agreement made in February 1937 between herself and Leung "Nai-yuen, compradore of Messrs. Gilman and Co. Ltd., she was a partner with him in the compradore department of that firmi. She also asked for an injunctiöp to restrain defendant from excluding her from the said partnership.

Judgment was reserved.

Ei

Charges

Falsified Figures On Delivery Orders

· Another adjournment was order-

CAR DRIVER FINED

Gloucester Road Incident

A public car driver, Wong Yau-

summonses of.......

ed by Mr. H. B. Batters at Central hing, was yesterday Aned a total | Magistracy yesterday

of $25 by Mr. H R. Butters at the when U Chan-jong, 33, manager of Torbor Central Magistracy when he was and Company, appeared on re-found guilty on mand on 82 charges of forgery and falling to take the vehicle to a of obtaining money by false pre-proper place of accommodation and negligent driving on March 30

Lences.

#

M. C. Y. Kwan represented the defendant.

Inspector Madgewick was the

U Chan-jong was represented by Mr. C. d'Almoda and Mr E B Williams, Assistant Attorney Gen- eral, was for the prosecution, as- sisted by Detective Sub-Inspector complainant, and it was alleged that while on patrol duty on the W. Ritchie.

and some

It was alleged that defendant's night in question, he Arm, an import and export arm,military police were driving along had been ordering plece.goods from Gloucester Road when they spotted defendant station his car outside England and when the goods ar- rived they were stored in various the China Fleet Club. He return- The only evidence called was agreement "would have altered it, godowns in Kowloon. In order to ed after a while to inform the de- expert testimony on the meaning witness said that the agreement clear the goods, defendant must fendant of his breach of trafic re and inference of certain Chinese would probably terms that appeared in the agree-meaning but teeung lol ment between the parties Plaintif it stronger. called the Rev. H R. Weils, well- known Chinese scholar and author

of several Chinese works, and de- fendant calle Mdr. Lo Tung-fan,

have the

same obtain a godown warrant from the gulations by parking his vehicle made Chartered Bank, and delivery could there. As he approached, defen- be obtained if money due to the dan: suddenly shot his car forward and nearly hit Inspector Madge- Bank was paid.

wick.

After evidence was heard, Mr. The prosecution alleged that de-Butters held that there was not Mr. T. F. Lo, barrister-at-law, tendant only took delivery of part sufficient evidence to support the

BARRISTER TESTIFIES

ALTERED FIGURES

تا

local barrister and solicitor in the/ was called by. Mr. d'Almada as an of the consignment, and the Bunk original charge of driving in a

expert witness for the defence.issued delivery orders for the goods dangerous manner and found de Mr. Lo said he was also an attor which defendant had paid for. It fendant guilty of negligent driving.

High Court at Canton.

These witnesses expressed diffe-ney-at-law entitled to practice in

was alleged that defendant al- rent opinions on two important China, and had practiced in the tered the figures on the delivery

points.

fence.

High Court at Canton since 1933.

·DIET EXPERTS CHANGE THEIR MINDS

orders and obtained the entire Plaintiff was represented by Mr.

Mr. Lo, said he could not, gather consignment. Eldon Potter, K.C., instructed by

Mr. Leiper

of the Chartered Mr, E.SC. Brooks, of Messrs. Hast- from the agreement that it was a ings, while the Hon. Mr. Leo partnership of permanence. The Bank gave evident yesterday of D'Almada e Castor Jn.. Instructed Phrase. "In the future did not the issuing of delivery orders and by Mr. KL. Kwan, of Messrs. W11- denote any permanency at all. It godown warrants.

Mr. C. da Reza Pereira, clerk of kinson and Grist, was for the de- only denoted what was to come:

losses or prods that were to the Bank, testified that he had come. In his opinion, the agree-been asked by the Eank to see de Outlining the case, Mr. Potter ment would be the same if tseung fendant and ask for the delivery MILK AND BUTTER sald that defendant was the son- fol was left out. It was very orders for inspection. Defendant; in-law of plaintiff, and first be natural for writers of such agree- was unable to produce them saying came compradore of Messrs. Gllments to put in that phrase. The that his office was in a disorderly man and Co. in 1935. At that other phrase meant that words manner. time, the partners In the Com- contrary to those in the agreement pradore Department were plain-could not be allowed. It was a tiffa husband, her son and de- Yormal phrase. There was fendant. The son later died, and nothing in the partnership, agree the husband withdrew from thement to show its duration. partnership.

also

Mr. D'Almada then submitted

PORTUGUESE YOUTH

IN TROUBLE

FOR SLIMMING

In the craze for physical, culture and the betterment of national health which is at present sweep- ing Britain, the food faddists. have come into the open, by declaring that the chief needs of most peo- ple is a simpler diet, and less of + in.

On charges of assaulting Leung Nine cases of ten of obesity in It was agree between the plain that the agreement was a partner-Cheung, taxi-driver, with intent the middle-aged of both sexes is, tin and defendant that as plain-ship at will. There was no evid- to rob, common assault, and fall-in their opinion, due to what they tiff's husband had withdrawn, she ence of haste in the drafting of ing to pay the legal taxi fare from delicately term "excessive intake." would enter into the partnership the agreement. which was drawn Lion Rock Road to Shatin, Albert They describo milk as the per- with a capital of $10,000. The up after some deliberation. In the Joseph Mária Xavier, 17, was yes-fect single food, and say that its partnership was formed for the circumstances it was to be pre-terday remanded by Mr. Q. A. A principal dietitic adjunct should sole purpose of carrying out a sumed that every material term Mactadyen at Kowloon Court for be bread and butter. These foods, contract, and the only asset of the of the partnership was set out in 72 hours to appear before a magis- they say, are chief aids to human partnership was the compradore the agreement w

trate at Talpo. A

fitness and happiness Learn to ship. It was clear, said counsel,

Det.-Sergt. MacPherson alleged relax, be philosophical, keep your that it was not in the contem- The whole of the evidence could plation of the parties that it was only point to the fair conclusion that the defendant committed the nervous system under control-so to be a partnership at will

the agreement contracted offences with another not in cus-runs their advice and live (as far Mr. Potter submitted that the was silent as to the duration of tody at midnight on April 28 atas may be) on milk and bread and partnership was one not determin- the partnership, and this meant Cheans Wo Cho, Shatin

that

will.

able at will. He read out the only, one thing-a partnership. at agreement and said the -com- pradoreship was recited in it.

the partnership was determinable

at will then the orily asset of the

partnership was in defendant.

Mr. D'Almada quoted many an- thorities in support of his argu- ments, notably, the case of Byers and Byers in the Oxford Music Hall dispute...

EUROPEAN DOG. OWNER FINED

butter.

This new diet is regarded by biologists, dietitians and doctors as excellent for producing slimming results. Silm wisely without semi- starvation" is the slogan. Strange are the ways, of good experts at

Englishwomen

were

This partnership differed from an ordinary partnership, Mr.

Mr. J. Tarr, of No. 57 Granville any time: Potter pointed out. When the

Road, was summoned before Mr. Hitherto compradoreship came to an end

avold, these selfsame After Mr. Potter had replied, His. A. A. Macfadyen at the Kow-warned to tbe partnership automatically

s alimming's chlefest loon Court yesterday for having a fooda ended. If, as defendant claimed, Lordship, reserved judgment.

brown and a black cocker spaniels enemies. Now they are advised to without licences and allowing the eat them in. order to slim. Those brown one to go into Granville anxious to grow thinner are told ...that. the palate never tire of them. Sergt. Salter said that the brown the stomach is given. its usual work spaniel bit Mr. A. C. Baretto of to do, and, that no diet-such as No, 2 Granville Road. Mr. Bar-those that come from Hollywood. retto went to the Kowloon Hospital where alimming has been elevated for treatment and then reported to the region of art-must demand to the Police. The dog was sent too much will power from the

slimmer or slimmest. to Mataukok fac.cbservation, -

Defendant pleaded guilty and was fined $30.

Under no circumstances could the TRAFFIC COURT road without muzzle...

partnership be dissolved as deten- fendant has purported to do. The only question to be answered was whether the partnership was a partnership at will

REV. WELLS CALLED

The Rev. H R. Wells was call-

ed as an expert witness. Reading

AT CENTRAL

Many Europeans Fined

Several European residents were

SIMPLICITY

The diet han at least the merit of simplicity. Two full slices of out the agreement made between summoned before Mr. H. R. But

ters at the Central Magistracy

bread, cut three-eighths of an plaintiff and defendant, witness

inch thick, well buttered, are taken said it read, "This agreement is yesterday for various breaches of

traffic regulations.

Ave times a day, at breakfast, noon, between Leung Nal-yuen and

tea supper, and on retiring. The Fong Shuk-king. Now because Dr. J. H. McEney, of Alexandra Leung Nai-yuon has agreed to Building, was fined $5 for causing terday committed to the House of cording to the "patient's teste Three Malay seamen were yes-bread may be toasted or not, ac- undertake the

compradoreship an obstruction in Chaler Road on

MALAY SEAMEN. IN COURT

of the Tal Ping Yeung Hong (G11-April & Dr. McElney was said to Detention by Mr. R. Edwards at and fancy. One pint of milk a man's) in Hong Kong. Fong Shuk- have left his car outside Messia, the Central Magistracy when they day must be taken, half a pint at king has agreed to take out cap-Kelly and Walsh for more than an pleaded guilty to charges of being breakfast and half a pint at re- ital to the amount of $10,000, and hour. He pleaded guilty through vagrant and entering the Colony tiring, when it may be warmed.

A cup of tea on awakening in. without, valid passports. the two parties have agreed to- a representative.

They were Edward Pestana, the morning is permitted, and an- gether" that in the future (or for the future business, whether it Sapper N, E Ratcliffe pleaded Amat Bin Doolah and Allh Bin other cup in the afternoon, with has profits, or leases must, accord-guilty to driving a private car Mohamed Layim, sallors on board one lump of sugar. if desired. ing to five equal shares, be without a valid licence and was the steamer Siamese Prince..

B free reckoned. Leung takes or holds fined $5. Ratcliffe had four shares: Fong takes or holds licence for driving Government one, share. No other words can vehicles and not private' cars, ' be used. Bpecially made this

For driving on the wrong side of agreement in two papers, each to of the road in Chater Road on hold one as proof or evidence" April 13, Mis, M. Johnstone, re

Cold water may be drunk between meals, and those of epicurean An expulsion order was also tastes may have a tomato juice made against them.

Lord Rothschild Leaves £129,000

cocktail before dinner.

Those advocating this diet point out that it can be taken with ease, that it is simple; and contains not only all the food values essential for health, but that women who Mr. Wells said that the agreesiding at Knutsford Hotel, was

support it are eating the most ment as he understood it was fined $5

Lord Rothschild, of Tring. Hert-wholesome tooda in the world. that Lening was widertaking the

A similar ane was imposed 93 fordshire, owner of one of the It is possible under this dietary partnership of the Company and Mr. L. M. B. Lloyd, of the Manu-anest natural history collections in (so it is claimed) to lose from because of that, Fong agreed tofacturers Life Insurance Comi-England, who died in August, leff eight to ten pounds in weight in take up $10,000 worth of capital pany for parking his vehicle in £129,096 (net £48,883). three

weeks. And the cost shares in the business. It also the Podder Street car park" ex-

He left the Zoological Museum estimated at 8/4 weeks well seemed that they had gone ceeding the two hour time limit a Tring the specimens, and the within reach of most persona through a process of discussing on April 11 and agreeing to this together.

adjoining property and garden to pockets.

Miss Yeung Bau-king, the well the British Museum, provided the Britain is becoming bread-and- The phrase "for the future or known Chinese swimmer, was legacy is accepted as an annexe of butter "conscious," and thousands tseung, Lol in Cantonese meant fined $10 for driving without a the Bridah Museum and that the of people, mostly women; care "for ever." The other phrase, zio

valid driver's licence on April 9 Museum be used in a modified, following this diet. It is not one. tak yee.yin meant the noting fur- Miss Yeung had an expired licence form for zoological research however, which is likely to be view- ther can be said "

Bachsehen), informed that, sheds The residus of his property heed with faxnar by, the managers would be summoned she renewed left to his sister. Charlotte, Louis of London's smart restaurants and.

Dr Adela Evelina Behrens,

West End hotels. her licence for this year.

Asked by Mr. Almads if the learing out of taeung lot in the

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