1938-06-02 — Page 2

PAGE 2-HONG KONG DAILY PRESS

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INTERESTING

ARGUMENT IN

COURT CLAIM

Express Notice In Writing Of Assignment

GENERAL

AIR RAID PRECAUTIONS PREPARATION IN COLONY

Circular Letter Is Sent To Important Business Firms

STAFF MEMBERS FOR TRAINING

Interesting legal arguments re- garding inadmissibility as evidenco

Latest step in the educating of the citizens of Hong Kong in air of certain unstamped documents, raid precautions work was laken yesterday when a circular letter, the necessity of "express notice in signed by the Air Raid Precautions Officer, Wing-Commander A. H. S. writing of an assignment in writ Steele-Perkins, was forwarded to the most important business Arms. ing" and of the rights of set-off of a

In the letter, which is published below, Wing-Commander Steele- debtor, were advanced by Mr. P. X-Perkins states that it is sheerely hoped that it will never de neces- Woo, af Messrs. Woo and Woo. before Mr. Justice E. H. Williamssary in this Colony to put an six raid precautions scheme Into operation, "but at the same time it must be reallied that so long as in the Summary Court yesterday, the possibility of air attack exists, it is necessary to create organisa-

the "case in which Eastman Kodak Company, represented by Mr. P. H. Sin, claimed $245.04 from the Hing Yip Amusement Co. Ltd.

in

Plaintifs claimed that this sum was money payable by defendants for the hire of a talking-picture known as "Sun Mo"; to the plain- tiffs as transferees of the rights of distribution for publie per- formance of, and of incomes pro duced by, the said picture.. The de fendants had had, they alleged notice of the transfer of the rights of incomes of the picture made in favour of plaintiffs by the Sze Ming Trading Co.

tions to minimise the consequences of attack....".

It is suggested, in the letter, that a few selected members of the staff of each business firm should be selected by the manager for training in certain A.R.P. subjects.

(To the Editor, "The Hong Kong Daily Press"]

your newspaper,

Letter to Basiness Firms Dear. Six-I beg to enclose copy Dear Sir, beg to encióse of Air, Rald Precautions Handbook Precautions in circular letter which has been fer- No. 6 (Air Raid warded to, the most important Factories and Business Premises).

It is sincerely hoped that it will business arms in the Colony, and would be grateful if you would be never be necessary in this Colony Air Raid Precautions kind enough to reproduce it into put an

scheme to operation, but at the It is evident that in spite of the same time it must be realized that severity of modern air attack, a so long as the possibility of air at- great deal can be done by careful tack exists, it is necessary to create Mr. Sin said the plaintiff com-

preparation, organization and co-organizations to minimize the con- and, as it pany were film, manufacturers, 1-operation, to mitigate considerably sequences of attack, corporated in the United States. the effects of bombing from the would not be possible to improvise and the defendants were ar and to limit the amount of in-effective measures on the spur of limited liability company incor porated under the ordinances of

Hong Kong, and operated a thea- re known as the Hong Kong Grand Theatre.

The facts were that the Sze Ming Company, the owner of which was Mr. L. Ping-yu, was indebted to the Kodak Company in sums

terruption caused thereby.

An A.RP. factory scheme must decentralise responsibility and en- sure. that every employee knows exactly what is expected of him or her in an emergency.

IMPORTANT FACTOR

the moment in time of emergency, preparations must be made in time of peace to meet an emergency which we all hope will never arise. CO-OPERATION SOUGHT

I am therefore writing to you to ask for your co-operation with this department with a view to the pre-

Such a scheme which has been paration of a scheme, embracing as practicable of the of $2,000-edd and $300-odd. and, well practised will be a most im-as many being unable to pay these, Mr. Lportant factor in maintaining the various ARP. services which are assigned or transferred to the morale of all employees, and above mentioned in the Handbook, in or- Kodak Company his rights of disail confidence in the soundness at der to provide the maximum pro- tribution of five pictures. Previous the factory scheme and knowledge tection to your employees and to to this transfer the picture "Bua that all reasonable precautions for your property,

I am to say that His Excellency Mo" had been rented to "defen their safety and treatment have dants by the transferor.

been provided in the scheme will the Governor will be most grateful f you would give the scheme.out- raise morale.

INCOMES DEE

It is with confidence that I look ined in the enclosed Handbook By a letter dated March 2

to the business Arms of this Co-your earnest consideration with at plaintiffs, through their releasing. agent, the Wai Wah Company, relony to co-operate with this de-view to the preparation of an or

quested defendants to pay incomes due in respect of the Sun Mo pic- ture to the Kodak Co., in other words, that the incomes from that

picture were to be paid to the transferor instead of the trans- ferees. In a letter written by M. Woo on March 31 for defendants, the latter claimed set off in the sum of $230

Defendants claimed in that, let- ter. Mr. Sin went on, that they paid $250 to the transferor in res- pect of a deposit for the "picture "Yee Suk "Kung Chee Pei Man," and, as much as that contract was not fulfilled, they were entitled to that sum.

"I would like Your Lordship to not." Mr. Sin continued, "that there were two contracts, one be- tween the transferors and defen- dants and the, other between the transferors and plaintifs. The sum they now seek to set off is in respect of the other contract."

EVIDENCE CALLED

partment und to prepare their A.R.P. schemes which mus: be based on good organization. With good leadership on their part in an emergency, confidence wil. be inspired, morale creates and the

lessenedYours faithfully. tendency to pan will be greatly

A. H. S. STEELÉ-PERKINS Air Raid Precautions Officer.

WIRELESS SET

WITHOUT LICENCE

ganization which would make your firm a self-contained unit in so far as it concerns Air Raid Pre- cautions.

It is suggested that a few select-

members of your staff, in ac- cordance with the scale laid down in the enclosed Handbook) should be selected by you for training in the following A.R.P. subjects:-.

(a) Elementary" first" ald. (b) Fire Precautions and meth" ods of controlling incendiary: bombs.

(c) General protective mea- and sures against poison gas splinters from high explosive: bombs.

(d). Decontamination of ma- terials.

LECTURE COURSES Dr. C., F. Lo, residing at... 557 Nathan Road. appeared before Mr. Lectures and practical demon- Macfadyen at the Kowloon Court strations on the above subjects" in the form of a yesterday on a summons for the will be given

of courses, but until the. possession of a wireless set with series out a licence.

· services 01 a Chinese speaking

The hearing was adjourned for instructor have been obtained it. will only be possible, for the pre- one week.

A summons against Miss Leung sent, to conduct the above men- Mr. William Wu, in charge of the sales of Eastman Kodak, was Tim-tim, residing at No. 213. Fa tioned courses, with the exception called. When a letter (one of a Yuen Street, top floor. for the of elementary first aid, in the Eng- number in correspondente pro- possession of a radio set without Hish language, bond

It is further suggested that pro-j duced in Court) was handed to licence. was adjourned for one

bably the best way of proceeding him. Mr. Woo objected to it being week.

A fine of $30 was imposed on Lee with the preparation of your A.R.P put in, submitting that under the Stamp Ordinance it was not ad- Kit, principal tenant of No. 46. scheme would be, in the Arst in- missible till stamped. "Under the Fock Wah Street, for a similar stance, to work out in detail a laws of Hong Kong, he said, where offence." stamping was compulsory, a docu- ment could not be admitted in any circumstance, although penalty was offered,

After Mr. Sin had referred His Lordship to Section 9 of the Law Amendment Ordinance, in support of "his contention that the docu- ment could be put in, His Lordship said he preferred to adjourn the case to give Mr. Sin an opportun- ity of stamping the document.

Mr. Woo: I will waive my ob-

paper scheme on the lines laid down in Appendix 'A' in the en- closed Handbook, and when this' has been completed you should be able to ascertain the number of persons who would require to be trained.

must state that the assignment had been in writing but the point of which he was in doubt was whe ther the notice had in fact beep If you would be good enough to given to the proper person; that is the debtor, his agent, or trustee. USUAL TO PAY DEPOSIT

inform me when your draft scheme has been prepared I will, should you so desire, pay you a visit in order to discuss the necessary arrangements which should be put in hand and to give

Yours faithfully,

Mr. Woo then called Mr. Wong tal cho who said he was the training

# managing director of defendant

Jection in that case, If Mr. Bin will company. He claimed against the any advice which you may cestre.

undertake to stamp it.

Mr. Bin: Certainly.

Mr. William Wu then said the letter had been given his firm by Mr. Li Ping-yu, the owner of the Sze Ming Trading. Company.

was

Sze Ming Company, with whom he had bad dealings, for set-off.

A. H. S. STEELE-PERKINS Air Raid Precautions Officer.

One of the pictures he had hired from the Sze Ming was the "Bun; Mo" alm,, in February 1937, and in Lordship fixed Monday, June 13 May 1937, they hired the "Yee Suk for the continuation. Kung Chee Pel Man" picture.

7. LAW DIFFERENT ·

MR. WOO'S SUBMISSION

Mr. Sin said he would give an Mr. Woo then submitted he had It was usual for him to pay a no case to answer: Plaintifs had deposit to the company in respect idea of what he was going to say? to prove two things: (1) that there of films hired and for the last-"It is quite true that upon, a brier' an absolute assignment in named picture he paid $250. The perusal of the law as laid down by Writing; (2) that express notice i Sze Ming Company did not hand text-book" writers it seems some writing of that assignment.in writ- over to him the aim within the what comprehensive, so as to give ing had been given to the debtor prescribed period of three months, the impression that debtor or de- fendant as against assignee has On the question of notice Mr. Woo' nor did they return the deposit. referred His Lordship to a local Mr. Woo then scaressed the the same rights of set-off as he case in 1923. The notice given by court on the right of debtor to a would have against assignor. But plaintiffs in this case, he sub-set-off. Bection 9 of the Law upon scrutinising the law with. mitted, was bad, and did not con- Amendment Ordinance specifically care, we find that the law is sti solutely different. E. shall argue stitute statutory hotice within gave these rights, he said, Section 9.PARE

After Mr. Bin had replied, His Lordship said he ruled against Mr. Woe in his submission that notice

Mr. Ein said his reply would be that there are different kinds of a very long one, as he intended to set-offs, Some, as in the case carefully scrutinise various cases under review, are restricted"

The hearing was then adjourned, he was going to quote, add His

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