1939-09-08 — Page 7

HONGKONG DAILY PRESS

SUBPOENAED WITNESS BECOMES DEFENDANT Interesting Action Heard In The Summary Court

In an interesting action before Mr. Justice R. E. Lindsell

in the Summary Court yesterday, the first of its kind to be brought under the Prevention of Evictions (Amended) Ordinance, a subpoenaed witness found himself in the position of being made defendant.

The plaintiffs in the case, which contractor

asking him to put

has gone through protracted hear-things right?—I did not write him inga, are Shum Yin-tong, alias sin a letter, but gave him verbal in- Tsang-chl. Yun Kwong-chuen and structions.

that the Chow Tit-hing. tenants of the Witness further sald ground floor of No. 328 and ground contractor had promised to res- and arst floors of No. 326 Lalchi-tore the parts of the building, on done. bul Kok Road tespectively. and the which work had been defendant is the landlord. Lee had not done so. -Cho-chuen, of No. 183 Des Voeux

Road Central. ""

Mr. M. A. da Silva Is appearing for plaintifs, while Mr. Callum is for the defence.

Mr. John Moraes, architect, gave evidence of having prepared plans for the modernisation of the pre-

D. Mc- mises. The contract for the work. was signed in his office.. but he contractor no Instruc-

CENERAL

and his bride. Mr. C. Medley, of the Hongkong Police, he formerly Miss Elleen Donald, after their marriage at St.

Andrew's contractor not to start

Church, Kowloon, yesterday, until the tenants' had

The plaint as state that the gave the

to commence landlord, on or about May 6, had tlons, whatsoever caused a scaffolding to be erected work. In fact, witness sald by the side of the premises with a told the view of pulling down the premises. Work

On or about May 24. the defen- vacated.

dant sent a number of

Cross-examined. workmen

witness sala not ask

to the houses and they, by order that the contractor did of the defendant, removed several, film

when the tenants, would

windows and steel bars as well as vacate, but had probably asked the the doors of the kitchens.

ALLEGED THREAT

owner of the houses He agreed with Mr. Silva that the contractor Imust have been given some idea as Plaintiffs further state that the to when the work could be started. defendant threatened and intends

CONTRACTOR CALLED

to demolish the houses, and

The next witness was the con- that accordingly claim an order deter- mining the rental payable or to be tractor. Ng Kad. "who said

entered

when the contract was pald by them as sitting tenants and an injunction restraining the into. no date was mentioned as to but when he was to start work. defendant. his servants or agents, from continuing with the work of the conditions were that he

to commerce demolition when further instructed. "

Was

Prohibition

Of Export Of Articles From Colony

SUPREME COURT JURISDICTION IN MATTERS OF PRIZE IN H.K. .

The following notice appears in the "Government Gazette" Extra- ordinary issued last night

The export of certain articles from the Colony is prohibited by

It is hereby notified for genera!" an order issued by the Controller of Trade, Mr. E. W. Hamilton, and information that by virtue of Pro- published yesterday in the "Gov. clamation No. 11 of 1939, published on the 3rd day of September. 1939. ernment Gazette" Extracrdinary. demolition. The injunction was

proclaiming that war had broken granted at a previous hearing.

Witness stated that neither the Export is prohibited. except by out between His Majesty and Ger- The plaintiffs further cialm

under the hand of the many a Warrant, under the hands owner nor the landlord had given Elcence damages not exceeding $1,000 as him instructions to begin work. Controller of Trade or of an officer of the Commissioners for execut- well as an injunction requiring. When he received permission in of his department on his behalf. ing the office of Lord High Ad- defendant to restore all the things respect of the plans from the of the following goods:— « removed and to remove the Building Authority, he went to see Antimony, aluminium, bismuth. Admiralty conferring jurisdiction

scaffolding erected,

the tenants and

discussed thecubal

In "cross-examination yesterday. matter. Lee Quan-ming. the landlord's The tenants," he said, d'd not agent, said that the demolition work was a mistake made by the oppose the work but only observed move contractor. When the demolition that they would have to was brought to his notice, he told aside their property if work was to on the premises. No be started -the contractor that he was not to

damage was done. as far as he touch the tenants' property.

knew to the tenants' property, and Mr. Silva: In other words, you the tenants at no time made any told the contractor tu carry out the demolition work but to refrain complaint to him regarding the

demolition work.

imiral and under the Seal of the

copper, lead, mercury, upon the Supreme Court of Hong- nickel, palladium, etc., platinum,kong in matters of Prize has be- terro-alloy, tin in blocks, non-come effective as from the date of ferrous scrap, old metal iron, steel the said Proclamation scrap and waste, zine, flax, in- It is, therefore, hereby further cluding waste hemp of all kinds.notified that the said Supreme fute, wolfram, gik, raw cotton, Court of Hongkong is a Prize Court cotton waste and inter, ground-within the meaning of the Naval nuts. linseed, palm oil, linseed oil, Prize Act, 1864, and the Prize Courts coconut oil, cotton seed oil of Act, 1894.

seed

cake and meal, petroleum A simultaneous notice states that products, copal, shellac, rosin, Mr. Evan, Walter Davies, Crown rádium compound effect from the 3rd day of Septem- ber, 1939, to conduct Prize proceed-

from interfering with the tenants' On Mr. Silva's application. H's mica, toluol, glycerine, rubber and solicitor, has been authorized with

Mr. McCallum said that it was Lordship granted leave for the rubber scrap

furniture and ather possession?.-

which was then ad-

an unfair question, and His Lord- contractor. Ng Kau, to be made a land photographic materials.

defendant in the case, further This order comes into force atings on behalf of the Crown with- ship asked witness what he meant

bearing of to 583.

"I meant to tell the contracter journed to October 9.

work." replied

hot to coramence witness:

The injunction already granted was. by consent of the plaintiffs, qualified to permit of the putting DID NOT WRITE**** in of the new window frames in Mr. Bliva: After the injunction place of the old ones was obtained, did you, write to the been proved defective:

Persecution

Of Chinese

In Thai

which had

CARS PARKED IN EXCESS OF TIME LIMIT

"Appearing before Mr. R. A. D. Forrest, at Central Court, yester- day, Mrs. Johnstone, residing at Chen Yu-pin and Hwang Yang No. 3, May Road, who was sum- su, delegates of the overseas Chi-moned for parking her car outside nese in Thailand, who recently ar- the Hongkong Hotel in excess of rived in Hongkong, left on Wed the time necessary for passengers nesday for Haiphong, aboard the to disembark, was fined $5.

motor cars.

6 a.m. to-morrow.

in the jurisdiction. of the Supreme Court of Hongkong. In Prize.

The Controller of Trade also notifies intending shippers of the articies

mentioned to apply to day, or as soon as possible, to his office. second floor. Fire Brigade Building for blank forms and in-of Hongkong, In Prize formation as to procedure.

The following appointments are also gazetted ---

CHINESE PAPERS MAY REDUCE

יי

IN SIZE

Increase In Price Hinted

Apart from the sharp increase in

Mr. Ernest Philip Henry Lang to be Registrar of the Supreme Court

Mr. Trevor Jack Gould to be De- puty Registrar of the Supreme Court of Hongkong, In Prize, in addition to his other duties;

Mr. Trevor Jack Gould to be Marshal of the Supreme Court of Hongkong, In Prize, in addition to his other duties.

JUDGMENT FOR MONEYLENDER Jatta Singh, moneylender, was the Supreme Court yesterday in awarded judgment with costs in

93. Kwangtunz, en route to China Similar fines were imposed on Li food prices, the price of paper has to report to the Chinese authorities Well, of No. 223, Pokfulam Road also increased by 100 per cent respect of a claim against Purran ca 'the persecution of overseas Chl- and G. Marriman, of the Im-since the declaration of war, and Bingh, tailor, for $3,800 for money

Export Department, under the circumstances, the Chi-lent on promissory notes. nese by the Thailand Goverment port and

The case was heard by the Chief They were seen off at the wharf who pleaded guilty to the sum-nese papers are contemplating a by a group of representatives of mons for obstruction with their reduction in the number of pages Justice, Sir. Atholl MacGregor.

of their papers, or increase the Plaintiff was represented by Mr. local Chinese organizations.

Marriman told the Court that price from one cent per copy to D. J. N. Anderson, instructed by The committee organized by the

Mr. M. A. da Silva, while Mr. Hongkong Chinese community to his car broke down about 9.30 two cents.

Investigations made by a "Daily Percy Chen, instructed by Mr.. C. ald overseas Chinese persecuted in a.m. and be had telephoned' the Thailand decided to establish a Traffic Office to inform the authority Press representative yeasterday re- A. Sutherton Russ, appeared for reception office to provide accom- of the fact. He then called up a yealed the present stock of paper the defendant. modation for those who are coming garage to repair the vehicle, but apparently the car was not taken cack to China from Thailand.

away by 3 p.m.;

“NO, NO, NANETTE" REHEARSELS.

Ari informal gathering of mem- bera of the Hongkong Philhar- monic Society was held at St. John's Cathedral Hall Inst" night. ·

The opportunity, was taken to introduce new members and sup- porters of the Society" to the Hon- orary Producer, Mr. W. Robertson, and the Honorary Musical Director, Burg. Capt. G.-V. Hobbs, RN.

FRIDAY, SEPTEMBER 8, 1939.-PAGE 7

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The House of Quality & Service

Shaukiwan Murder

BARBER TESTIFIES

TO ATTACK

Further evidence was heard be- fore Mr. R. A. D. Forrest at the Central Court yesterday at the case in resumed hearing of the which four men are charged with the murder of a caulker, Li "90. on the evening of July 22.

The men are Wong Yin, Tang Lot, Chan Lam and Wong Kl- shan.

Mr.

Mr. John Whyatt, Crown Coun sel, prosecuted, assisted by Detec- tive-Inspector L.R. Whant. F. H. Losely appeared for the fourth defendant.

Yam Lun, a barber, in the wit- ness box yesterday, said that he knew the four defendants by sight. He was a friend of the deceased. About 8.45 pm, un July 22 he met the deceased and a friend, Trang Bum, in the Fook Chun teahouse. short period and then left. Later He remained at their table for a witness passed the cafe again and he saw deceased and Tsang still inside the premises,

"SAVE LIFE". *After a conversation with friend, witness' attention was "at- tracted by cries of "save, life." He saw deceased being chased by several persons, four of whom he defendants. recognised as the They were all carrying something wrapped up in paper.

in the Colony could only last for It was stated" in evidence that

Lat Hing testined that he saw a period of three months before the claim arose out of three pro- being replenished with a new stock missory notes made by the defen- six men attacking the deceased. B. Shick, of the Hongkong Hotel, The majority of paper comes from dant in 1932 Interest was paid He recognised the first and second as being among the was also fined $5 for parking his Germany and Czechoslovakia and until October 1933, when defen- defendants car in the Pedder Street car park a smaller quantity from Norway, dant went to India, leaving with gang. in excess of the two hours per-Finland and Canada.

plaintiff four sewing machines to The hearing was then adjourned cover interest for four months: (to this afternoon.. mitted.

Defendant returned to Hongkong 74

FACE

SOLDIERS

ROBBERY AND ASSAULT CHARGE

Percy Middleton, 23, James Wright, 24, and George Edward Chicksfield, 21, all of the Middle

CHINESE TELEGRAMS 1937, but refused payment when TRESPASS IN NAVAL

AND CENSORSHIP

The Hongkong Chinese General |

naked.

"DOCKYARD

Two unemployed youths, who were charged with trespassing in

Chamber of Commerce decided at ALLEGED HIGHWAY the Naval Dockyard on Wednes

a meeting on Wednesday to peti- tion the Hongkong Government to authorize the resumption of al'ng

ROBBERY

Plans for the forthcoming pro- sex Regiment, appeared before Mr.telegraphic messages in Chinese Committal proceedings were be

day, were charged before Mr. R. AD Forrest, at the Central Court yesterday, and were each Hard sentenced to six weeks labour without the option of a The defendants, Ho Yeung, and Lo San, said they were there to look for a friend

Crystalware

Department

ROBINSON LEMON BARLE WATE

HIGHLY

CONCENTR

Tel. 28151.

Drink ROBINSON'S

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CREME NAIL POLISH

gun yesterday at the Kowloon duction of "No, No, Nanette were E. Himsworth at Kowloon Court

According to a recent emergency Court by Mr. Q. A. A Macfadyen, also discussed. In selecting this yesterday on a charge of robbery

Government order, all outgoing against three men, Pum San 32, popular musical comedy, the Com-in Hankow Road last Monday.

It is alleged that they robbed a telegraphic messages must be in Leung Yu-ching 24, and Tam Wan 27, on a charge of highway fub- mittee has evidently adopted the suggestion made at the annual Chinese, named Wong Kai-yau, nfelther English or French.

In niing the petition the Chambéry meeting that lighter and more en-a wrist watch A second charge

fendants of assault on the person venience incurred in sending named Leung Yuk, who le alleged contradicted their story and said messages in either English or to bave been robbed of a gold that the defendants, when ar Rehearsals are due to begin next of Wong,

French to Chinese merchants in bangle, gold chain, a pair or rested, told the police that they Monday, and the date of produc- The three men were formally re- tion has been tentatively red for manded a week in military cus-the interior as most of them do gold earrings, & ring set with a were employed by a contractor in

diamond and $1.90 in cash

the dockyard tody.

not know these languages well. the beginning of December.

tertaining productions should be was preferred against all three deber will point out the incon. The complainant was a woman Inspector Baker, who prosecute brun

attempted.

Drug & Department stores

Pit Seng

Hond