1938-10-22 — Page 2

PAGE 2-HONGKONG DAILY PRESS

COURTS

CLAIM

FOR DAMAGES SUCCEEDS

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IN JAPAN

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MEMBER HOTELS

(58 members in all)

Кова

Oriental Hotel

Tor Hotel

+Akakura Kanto Hotel | KroTO

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2

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• Open in summer only.

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Yamato Hotel

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For information, please apply to Secretary.

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Care Trafie Barena, Department of Kellyrays, Tokys

Judgment Given For

Captain Owen

· Judgment in favour of Captain Owen, Robyns Owen, formerly of the ss" Chuen Hing, who claimed 3623.40 damages from Law Man, trading as the Kwong tee Shipping firm for alleged wrongful dis- missal of his services as master of the vessel, was rendered by the Acting Puisne Judge, Mr. E. H. Williams, at the conclusion of the case In Summary Court yesterday.

Mr. D. L. Strellett of Messrs. Geo, nor was any mention made of a K. Hall Brutton and Company, ap-charter-party. peared for the plaintiff, while Mr.

F. H. Loseby represented defen-

dant.

said:-

was

"

CHARTER-PARTY PRODUCED

"OWN HANDS

Camera Pawned Illegally

Klu Suen-szé. 26. appeared on remand before Mr. H. R. Butters at the Central, Court yesterday charged with the theft of a tele- photo lens with camera and view ander, and a movie camera from Mr. Cheung Kal-cheung, of No. 24. Canal Road West, and legal pawning of the articles.

Mr. M. A.. da Silva, for the defence, said that the defendant had a general permission to bor- row from complainant whenever he required.

Plaintiff stated in Court that he

Mr. Silva continued that com- knew there was a charter-party plainant owed defendant a sum of Giving. Judgment, His Lordship Defendant had told him the ship about $100. Klu had been press- was to go on the Hongkong-Cantoning for the return of the loan but run for the Arst three months-but had been put off on several occa- Plaintiff is a master mariner and did not mention that his employ-sions, and it was a foolish move on was employed by the defendantment was in any way commected defendant's part to take the law charter. into his own hands and pawn, the who ja owner of the 8.8. "Chuen with the period" of the Hing" as master of that vessel The charter-party was procuced in camera for the sum complainant

by He

dismissed lette: Court-it is a Chinese document-owed him.

Defendant was bound over dated July 25 and now claims and stipulates that the charter was damages for wrongful dismissal, to be for 1 month's trial and it surety for $100 for one year, on the particulars of the damages being satisfactory for a further period of second charge. Detective-Sergeant the balance of wages for the 6 months. Plaintiff stated in Court J. Bentley asked for permission to period July 28 to August 2 (the that he would never have accepted withdraw the charge of larceny 2nd of the month being the date employment which was subject to which was granted. of his engagement) together with this condition. Apart from 13 months'

This amount letter wages

of May 27 he received was reduced by a sum earned by no other document relating to the plaint in other employment be-terms of his employment.

tween the date of his dismissal and the issue of the writ: The claim (w1s for $1,000,

STATEMENT OF DEFENCE

the

Plaintiff commoticed work on June 2 and the "Chuen Hing" made her first trip on June 25 He had

charterersTM~ OI! met the June 24, but had heard nothing -A statement of defence was de-from them as to the contents of uvered by the defendant to the the charter-party. On July 27 effect that plaintiff's employment plaintif received a letter from de- was only as master during the fendant requesting him to take the term of the charter of the ship to the

shipyard after Chuen Hing" which term ended charge of the cargo. He did so on July 25 whereupon plaintiffs and on July 25 a letter was employment automatically ended.

sent him from defendant stating!

dis-

Between the date of the issue of that the ship was to be laid up for the writ and the first hearing of an indefinite perod and plaintif the case on the October 11 plain-was to close the ship's Articles and tiff had earned further sums and gu off all the crew. The letter On went on 'We hereby give you form- reduced his claim to 3823.40. Saturday, October 8 defendant'eal notice that your services as Mas- solicitor had forwarded to plain-ter of our as. "Chuen 'Hing" will be tiff's sollettor a cheque for $54.85 no longer required adding that as being payment for wages during it was necessary to have a certi- fcated officer on board during the the period July 28-August 2.

typhoon season defendant was re- Plaintiff's evidence in chief wastaining the services of Mr. Collom te the effect that he had been em chtet Omer. *** ployed on the s.s. "Kong Ning" since August 1937 as Chie: Officer

NO COMPLAINTS

and in February 1938 had become Plaintiff was naturally very per Acting Master owing to the illness turbed and immediately saw de- of Captain McCarthy since defendant who told him there were ceased). In March the z.. "Kong no complaints against him; they Ning" was in dock in the Kwong were retaining Mr. Collom as "he Cheung Heung Shipyards of which

was cheaper. Plainti, reminded defendant is the managing direct him that he was still registered and plaintif was approached by master and that if another man the defendant who asked him whe- was taken on the register as mas- ther he would care to become master he would clalmi 3 months' wages! ter of the s.5. "Chuen Hing" which in lieu of notice. He gave defen- was afloat at the jetty nearby dant his future address, the Sea- Plaintiff replied that he would visit

men's Institute. Defendant Ie- hér first before accepting. He dieplied "I'll let you know when the so, saw that the master's accom-ship is ready to sall" Next day modation wag insufficient and in-plaintiff paid of all the crew at formed defendant he would not the Harbour Office and he received consider taking the ship unless the salary' up to July 25. He was then accommodation was Increased

under the impression he was to re- Plaintiff next saw defendant in

main master and his employment од May when the latter came

vas to be restored when the ship board and repeated his request, as-again put to sea. On July 27 suring plaintiff that the desired al-

however he received information terations had been made. Plain-regarding Mr. Collom which made un had no time on, that trip to him realise that his dismissal was visit the ss "Chuen Hing" but definite and he consulted his solici- did so after the next trip on about tor May 20 and seeing that arrange-

he In cross-examination ments had been satisfactorily made mitted that he had been master of told defendant that he would have ships on the Canton run for about to see Captain McCarthy to ar-

5 years. In these cases he had range for another man to replace agreed in writing to accept 24 him in command of the ss. "Kong hours notice terminating his em→ Ning," After seeing Captain Meployinent but in the absence of Carthy he spoke, to defendant on such an agreement he considered May 27 Informing him that he he should get 3 months' notice. He wanted a letter of appointment be-claimed wages for the period July fore he sent in his resignation. 28 to August 2 as he

was still By, this time the question of wages master until replaced on August had been settled defendant agreed 2 He had met the charterers and on the same day plaintif re- prior to June 24, but that was ceived a letter confirming the anat a Chinese dinner and no bust- pointment as from June 2 at

ad-

a salary of $408.23 pm, and allowness was discussed. He knew there ances. No mention was made in was a risk of communications be- tween Canton and Hongkong-being the letter of the length of notice

suddenly interrupted. to be given by either side in case the employment was terminated

(Continned on Page 8)

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