1940-06-25 — Page 8

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PAGE 8-HONGKONG DAILY PRESS

ACTION FOR LIBEL SUCCEEDS

$750 Damages Awarded

To Herb Company

An action for, libel was brought before Mr. Justice E. H. Wi lism at the Summary Court yesterday by the Shing Chai Tong Herb Co. following an advertisement published in two vernacular news- papers Plaintiffs claimed $1,000 damages,

that commodity was hameless and on a par with the brothel keeper.

GENERAL

Four Women Defrauded

SHATIN MAN IS

GAOLED

Pleading guilty to a charge that he had defrauded four women of

AIRPORT NEWS

MAILS ONLY FROM

AUSTRALIA

plana

The Imperial, Airways' Dardanus (Capt. Cath and Capt. Garside) arrived at Kal Tak yer-" terday afternoon bringing 70 kilos of Australian mail only."

SOLD FOR YEARS Plaintiffs were an old-established firm and had been selling" that commodity for years. To suggest that the words in the advertise- ment were not defamatory was, therefore, utterly impossible.

a total of 2 cents on the presence There were three passengers: After pointing out that the ac. that he was a forest guard who Mr. Sacke, an American citizen. tion was brought not for the pur-wanted tea money. The Choi, 28, who travelled from Karachi, and pose of rulning, defendants but a native of Shatin, was sentenced the Director of Civil Aviation fr bus-only to get rid of the stain of an to three months hard labour by Thailand, accompanied by his

was outrageous libel Mr. Potter sald Mr QA A, Macfadyen at Kow-secretary, from Bangkok.

the partners of plaintiff arm were loon Court yesterday.... The Ubel, went of counsel, was men of considerable standing in of a gross character sa it said that the Colony.

TWO GROUNDS

NEW PACA, SERVICE Pan American Airways announcə Det-8gt, Shaw, prosecuting, sald

inauguration date for the that about 6 p.m. on June 17, de-the fendant stopped four women near opening of the new South Pacific the 5-mile stone, Talpo Road, who air service linking San Francisco were carrying dried wood. He told and New Zealand via Honolulu, and Noumes, them he was a forest guard and Canton Island, "before they could pass, they would French Caledonia. have to give him some ten money"

Judgment for $750 and costs was awarded the plaintiffs. The defendants were Poon Ko-form a very large part of the sau and Poon Sze-leck, alas Poon iness because the turn-over Yuk-sang, of No. 48, Wing Lok St. (only $5,000 to $6,000. It was alleged that the latter had caused to be printed in the Kwok Wa Po and the Wah Kiu Yat Po, anyohe selling Pei Pah Lo, except The libel was not only directed on Feb. 27, an advertisement. say those produced by defendants, was against the commodity but also of ing plaintiffs were immors dishonest. The result of that in a personal character because the character and without shame law was that where the words te-advertisement clearly showed that that other persons would not affected on each and every member any person selling Pet Pah Lo, ex-

The first schedule will leave San sociate with plaintiffs, that the dear a determinable body then any cept those produced by selendants,

Francisco on July 12 carrying mail fendants were the originators of a member of that body could sue. was dishonest. Under the cir

NOT GOOD ENOUGH medicine known as Pel Pah . In other words, if a firm of lawyers cumstances, a partnership could

only, duTTt is adiicipated that pas- Complainant told him they had enters and air express will be car.. that plaintifs had produced an in Hongkong advertised in the also sue for libel

money, ta which defendant ried within 30 days thereafter. - Imitation of this medicine, thus Press that they were the only real

replied the answer was not good

Great prominence is being given deceiving the public, and that de-awyers in the Colony and that fendants were the only producers others were dishonest, any member

Mr. Potter concluded by saying enough and pointed along the road in the United States to the trou- and sellers of the said medicine. of the legal fraternity here could that his case was based on two saying that an Indian constable guration of this service because. grounds. (1) that you can libel a was near who he would ask to New Zealand and Australia repre- Mr. Eldon Potter, KC, instruct-sue on that ground.

man although you don't know arrest them.

sent the fourth largest market för | ed by Mr, E. 3. C. Brooks; was for

him; (2) that the words reflecting Yu Eo, the first complainant, American goods. plaintiffs, and defendants were re-

The defence was that the adver- on each and every member of athen gave him six cents and the The total air journey from San presented by the Hor, Mr. Leo D'Almada, Jnr.. instructed by Mr.tisement did not refer to plaintiffs, determinable body or class of per- other three women gave him five, Francisco to Auckland is to be that the words were not delama sons, le, anyone who sold Pel Pah (and seven-cents respectively. Two made in five days, as compared tory and that there was no in-Lo other than those produced by children who were with the women with fifteen days by the fastest [nuendu.

defendants, was shameless and gave him twợ cents aplece.

steamer.

that the innuendo is established: action.

I shall submit," said course, dishonest, was entitled to bring an

Complaints of defendant's alleged It is anticipated that this service activities in thus demanding money soon after its inauguration will be- even if it is not the words in their Tong Shak-ping, managing part from the dried wood collectors had come one of the most important tlits and whether the words were natural meaning are defamatory,ners besides himself, were Tong been made to the regular forest routes on Pan American Airways "defamatory. There was also no attempt for justißcation by the de. It is the grossest libel you ever Shin-lin, departmental head of the guards, Sgt. Shaw said, and as a read, and we will call evidence to South-west Trading Co.; Ho Lok-result at the very moment when lau. Director of the Tung Wah he was victimising the four women Hospital and Fo Leung Kuk; It they lay in ambush, for him and Tak-cheuk chief compradore of apprehended him in the act, the National City Bank of New York and Edward C. Tong, Director

D. McCallum.

Mr. Potter said the publication of the advertisement was admitted

by the defence, and the only issue was whether it referred to plain-

redde

THE DEFENCE

prove that those who read it be lieve that it referred to plainting" Dealing with the advertisement counsel said if it was really an ad- rertisement for a lung tonic It had

OLD ESTABLISHED FIRM Plaintiffs were a very old estabTM Hisped firm of medicine dealers, having started business as far back as 1888. Defendants, on the other a most remarkable preamble for it of the Salt Gabelle of Wai On Di band, had only commenced to sell began: "Once upon a time there their medictae in Hongkong was a brothel keeper who saved through an agent sometime last

trict.

ין

-far-flung system.

TUESDAY, JUNE 25, 1940.

TEE FOR ONE

**Jackson, old boy, congestulate me.

Kindly alap me, un the back,” "Certainly, my dear fellow, but way I ash" you why ? You haven't for engaged, I hope ?.”*

* Pechapo Em'dens, but I still don't'

• woodcrstand." Forgive my Shantsman, bus where's the hangupar'? " “Hangovers ? Haven't you heard ?. ¿"There aren't kay nowadays. You just

drinke Gimlets, or take a long glass - of Rose's Lime Juice after the jambores. It's just a question, of therapeutic action så a doeror on describedfit to "ne, "

*** So. Rosé's" prevents the "moralings

*No, no. This is something really important. I did the Mürteenth in one yesterday, A blowin's million The 'kwipe to end all swigos!!!! *But I don't understand. You looja “as fis as the proverbial Stradivarius, |, after ?”

Were there no elebrations ? “ *Celebrations ?. There's been noth. ing like it since the Relief of Mafeking."

BRITISH LEGION

APPEAL

The Committee of the Hongkong Branch of the British Legion give their full endorsement, to the War Fund promoted by the South China Morning Post, Ltd.

**Really and truly. You know, old

boy, you ought to keep a bottle-of- Rose's in your lockari. Some day eva' you may do a hole in ɑa!”

FLOATING MINE The Naval Authorities report

On June Aoating mine last seen 18 in Lat 24 21.5 N., long 118° 24 E (approx).

'CUTTING - OFF · TRADE ROUTES

CHUNGKING, Jime Hˆ (Reuter) -It is believed that-Japan' is de- DIVING OPERATIONS termined to cut off the commun-

possible way, particularly in times cation between China and the

The British Legion is an organi- of crises. Diving operations in Singapore outside world through Burma,:

iation of men, who served in the The crisis of the present mo N. E of the outer shoal Beacon admitting the loss of this route, tence in many parts of the world the Empire has faced in its long over a small area at 75 Cables Chinese political circles, while last War and has remained in exis-ment is possibly the most serious

Má very substantial business was

The following is a return of will be in progress, until further following the French Concessions for the purpose of caring as far as history and the local Committee of occurred notice, according to an announce to Japan over traffic supplies possible for ex-Servicemen and the British Legion appeal to all done by plaintiffs, the tri-over that advertisement was that de-notifiable diseases that being about $80,000 a year. One fendants were the only persons en- in the Colony during the 48 hours ment. All ships using the Eastem through Indo-China, wil be their dependents who have tem-sections of the Hongkong com- of the Chinese medicines they sold titled to put on the market any ended at midnight on June 28-Entrance to Singapore are to pro- serious, express the confidence of porarily fallen on hard times. One munity to support the South China was a lung tonic known as Pet Pah thing known as Pet Pah Lo- and Tuberculosis. 36, dysentery. 11, ceed as slowly as possible in con- China's ability to carry on the of its implied objectives is to sup- Morning Post, Ltd. War Fund to Lo, but the axles of this did not that any other person who sold and five of enterte fever,

xistence with safety.

struggle whatever happens.

port the British Empire in every the fullest extent in their power.

his dirty money and then became HEALTH RETURNS #merchant.” The only possible meaning which could be put on

1940-06-25 — Page 8

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