1940-09-11 — Page 5

∙HONGKONG DAILY PRESS

Pension Rights Of Officers Released Service With H.M.

Public SUPREME COURT CLAIM:

For Forces

ORDINANCE TO BE GIVEN FIRST READING TOMORROW

AN ORDINANCE TO REGULATE THE PENSION RIGHTS OF OFFICERS IN THE PUBLIC SERVICE released for service with His Majesty's Forges in time of war will be read a first time at the meet-- ing of the Legislative Council tomorrow afternoon.

It is explained in the objects and reasons that this Bill is th accordance with a draft Ordinance, issued by the Secretary of State with his Circular despatch of Feb. 26, 1940, to make provision, in accordance with principles determined by the Secretary of State. governing the pension rights of Colonial public officers released for military service with the approval of the Governor of the territory In the service of which the officers in question were last, employed.

1-This Ordinance may be cited

#13

the Pensions (War Service) Ordinance, 1940. and shall be con- strued as one with the Pensions Ordinance, 1932, (as amended by the Pensions Amendment Ordi- natices, 1934, 1935, 1836, 1937 and 1939), hereinafter called the prin- cipal Ordinance.

2.Where an officer shall have served with His Majesty's Forces in time of war, with the approvali of the Governor of the territory inj

the service of which he was last employed before so serving or of

ROUND THE POLICE COURTS

AT CENTRAL

RETURNED BANISHEE Appearing before Mr.

GENERAL

STATUTE OF LIMITATIONS

INOPERATIVE: NO RECORD

:

KEPT OF INTEREST PAID Road," in a writ, appeared before the Chief Justice, Sir Atholl Mac-

Ho Sal-man, described as a "gentleman of No. 7, Lower Castle

Gregor at the Supreme Court yesterday as defendant in a claim for $28,800.

The plaintif in the case was Bhag Singh, a

former money- lender, who sought recovery of $12,000 in principal under two pro- missory notes signed in March, 1931, and 70 months of interest at two per cent. per month, amounting to. $16,800.

Mr. Percy Chen, instructed by Mr. She: I put it to you that Mr. B. C. Hobbs, was for the you fitted in this 70 months' in- plaintiff, while Mr. George She,terest so as to bring the action instructed by Mr. F. Żimmern, was within six years and thus evade. for the defence.

the Statute of Limitations No.

Mr. Chen said that although

$50,000 COMMISSION the promissory notes recorded

Denylag that he had paid any $12,000, the actual amount lent to: the defendant was only $8,000 and Interest to the plaintiff, Ho Sai- interest at the rate of $240 per man said that formerly he was month had been paid until Sep- the compradore of Messrs. P. M. Piquet and Co. In 1931 here- ceived salary and commission amounting to between $40,000 to The plaintiff, Bhag Singh, in $50,000 a year, The following year the witness box" yesterday said he was only getting a salary “of that when the defendant pale his $300 a month as the firm was interest in September, 1932, he had losing money.

tember 1932. ·

TOOK ACTION

contracted for another loan of In March 1531 he contracted $300. The following year, he had two loans of "$10,000 and $2,000 to take action against defendant from the plaintiff, but the amount for recovery of the last loan of he obtained from the plaintiff $300 and obtained judgment. Since was $6,000. He had not paid any G. T. then he had not seen the defend-interest at all on these two loans. the Secretary of State, the follow-: Lowry yesterday on a charge of ant-until-1998, when proceedings, Replying to Mr. Chen defendant ing provisions shall have effect:- breach of a deportation order. for the present claim were com- said that be left Hongkong in

(1) During the period of such L Tung, 18, unemployed, was sen- menced.

1933 and did not return until service in His Majesty's Forces, intenced to six months' imprison-

1938. *cluding any period after thement with hard labour.

Defendant was expelled for ten

termination of the war (in this section referred to as

"militaryyears op November, 1939. service"), he shall be deemed, for

Sgt. McVey prosecuted. the purposes of the principal Ordi- nance and the Pensions regula- thereunder, to have tions

been

PICKPOCKET IN COURT Chan Cheuk, 28. unemployed.! on leave on full salary from the who was charged with stealing aj public service in which he was last silver cigarette case from Tung employed, and to have held the Hon-ting, merchant of No. 2, Fuk substantive office last held by him in that service, prior to military - service.

(2) During any period between his leaving the public service for the purpose of serving in His Majesty's Forces and the date of his commencing military service,, he shall, for the purposes of the principal Ordinance and of the _said_Regulations, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which-he-was last employed, and to have held

Lo Cheun Street, at the Stamp Office of the General Post Office on Sept. 8, pleaded guilty to the offence before Mr. Lowry yester day

Sub-Insp. T. McMahon said de- fendant was seen by watchmanĮ extracting the cigarette case from complainant and arrested de fendant.

Clen was sentenced - to months' imprisonment.

three

WOMAN ON DRUG COUNT Charged with being in posses.

Cross-examined by Mr. She, plaintiff said that the reason why he did not take action for recovery of the bigger amount was because he had no money to engage a solicitor. He fur- ther stated that he could not produce any written record that he had been receiving interest on the $12,000 loan from the defendant.

snatched her watch.

Giving judgment to the defend- ant with costs, his Lordship re- marked that the plaintiff had failed to satisfy the Court that interest had been paid till Sep- tember 1932, which would have brought the transaction" within six years, thus nullifying the ef- fect of the Statute of Limitations raised by the defence.

Defendant POLICE SWOOP

ran away but was Intercepted and arrested.

Chan's wrist was slightly scratch- Inspector Tuckett, added that

ed.

GAMBLER FINED

Convicted on a charge of keep-

ON GAMBLERS

WINDFALL FOR TREASURY

ing the ground floor of No. 44, The Treasury was enriched to Western Street as a common extent of 32,169 to bal money

WEDNESDAY, SEPTEMBER 11, 1940. -PAGE 5

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the substantive office last held by sion of a dangerous drug, cocaine gaming house for the But, of and fines as the result of a raid PIG-WASH SOLD him in that service, prior to mili- hydrochloride, at No. 4 Lai Shing tse tam lottery. Tsui Sul-po, 17. carried out by the police on

21-year-old unemployed was fined $20 or, in gambling school in Hennessy Road, Street, on Sept. 9, a

Wanchal. Altogether 101 people spinster, Li Men, was remanded default, 21 days' imprisonment;

Ninety-four cents picked up were arrested by the polles in the one week by Mr. Lowry yesterday. }

Revenue Officer W. V. Ahern were ordered to be put in the raid. Arst asked for a remand of 24 Poor Box. hours as he was going to one the banks where the defendantį had a safe deposit, or one week's! remand if the defendant did not wish to go with him to the bank.

tary service; and

any during period between the termination of his military service and the date of his re-entering the public ser- vice he shall, for the said purposes, be deemed to be on leave as afore- said from the service, and to have held the substantive office, in which he is re-employed: Provided that-

(a) This section shall not apply

ہوں

Li sald she did not wish to go

AT KOWLOON

„DISORDERLY CONDUCT

to the bank and was accordingly E. Himsworth yesterday on Kwok remanded one week..

Ball at $10,000 was allowed,

HEAVY FINE

A fine of $10 was imposed by Mr

Hon, 25, coolie of the Peninsula Hotel for disorderly conduct at the Star Ferry.

Of the 91 people charged with SEVERAL HAWKERS

FINED $20

gambling only 12 appeared before Mr. H, G. Sheldon at the Central Magistracy yesterday and wers each Aned $2.

Saying he was sorry for them

but it had to be stopped owing

The other 79 persons, charged to present conditions, Mr. H. G. when either perled mentioned

from Court had their bail of $5 yesterday imposed fines of 520 each with gambling, who were absent Sheldon at the Central Magistracy

paragraph (2) of this section ex-

or three weeks' hard labour on 20 each estreated,

hawking 'ceeds three months, or such longer

charged with "Ten people were charged with persons period as the Governor, with the "approval of the Secretary of State,

keeping a common gaming house cooked food at various stalls in A fine of $50 was imposed on

It was stated that the defen- and seven appeared. yesterday to Cross Street without appropriate may in any special case deter-

number of coolies, answer their charges. The stall holders' licences. mine; or if the officer fails, after Ho Yat, 35, shop fokl, by Mr. dant with a

he was were carrying luggage to the Star absentees, Chan Sang, 42, Chan serving with His Majesty's Forces, Lowry yesterday when - to re-enter the public service convicted on a charge of the pos Ferry. Upon being asked for his Cheong, 48, and Cheng Shing. 45. enamel wash basins, alleged to ticket by the Inspector the defen-

had their ball of $250 each es- otherwise than in circumstances in session of 212 po plu tickets.

constable cant began to use abusive langu- treated. which he would be permitted, un-. He was stopped by a

near Queen's age. He then

a barnboo seized der the law applicable to the pub. at Jublice Street, lic service in which is last em- Road Central, on Sept 9 and on and threatened the Inspector.

A Chinese constable arrested ployed prior to military ser being searched the tickets were.

him. vice, to retire on pension or found in his possession gratuity, such circumstances aris-

(b) If during anty period men tioned in paragraph (1) of this

5

NOT GUILTY PLEA

Street, second floor,

The.

LARCENY SEQUEL

Seven others charged with being keepers were represented by Mr. Alfred 3. K. Lau who picaded not guilty on their behalf.

Det. Sgt. Cullinan said that the

..

Producing several cracked rusty

have been used, as utensils for food, as exhibits, Sanitary Inspec- tor Stevens told the Court that the Medical Officer had already condemned the food which had been destroyed.

The food, which was really Dig wash and left-overs... sold- to the hawkers by restaurants' fokis, was being sold to the very poor people at two.cents

Insp. Stevens added that it was definitely a menace at the moment with cholera on the in

crease,

JUDGMENT FOR TRAMWAY CO.

ing not later than the expiration: Stating that he only went there Before Mr. Himsworth yesterday police raided the second foo of of three months, or such longer to look for some one and not to Li Hung allas Yun. 24. was No. 238. Hennessy Road on Mon- perlod as may be determined as steal, Lam Bit-cheung, 28, uncharged with stealing two $500 day un a warrant A game of aforesaid, after the termination of employed, pleaded not guilty when Hongkong and Shanghai Bank dice was being played at the time. hts military service!

per meal he was charged before Mr. Lowry hotes, one gold neck chain, one Money amounting to $85.68 was yesterday with larceny of two jade buckle, one gold bangle, one picked up by the police. counterpanes from No. 21, Queen's rattan bangle ornamented with Mr. Lau applied for a reduction section the cfcer shall bave

gold, one wrist watch one "gold of bail from $250 to $150 which qualified for pension, or received

Lau Ngan-ting, complainant, hair press, one gold finger ring set was granted, emoluments in lieu of pension

Hearing was fixed for Tuesday. rights, actually in respect of mil- said she saw defendant on Mon- with a red stone and one plain gold tary service, paragraph (1) of this day at about 6.30 pm, in her finger ring, from Chan Yin-chun, September 17, at 2.30 p.m.

counterpanes, son-in-law of a well-known Chi- section shall, as respects that cubicle. period, have effect as if the words which had been moved from their nese, of No. 59 Cumberland Road, on the bed and with receiving one $500 bank "leave, without salary not granted original place, were

note and a wrist watch, property 42, mistresses of passenger sam- Judgment for defendants, the on grounds of public policy" were beside defendant.

Limited, pans, were fined $15 or in de- Hongkong Tramways, substituted for the words "leave Evidence was also given by Law of the complainant.

Sgt. Dowman prosecuted and fault two weeks' imprisonment was given yesterday in the Bum- on full salary":

Kwong, who caught defendant asj

asked for a remand of three days with hard labour, when they mary Court in the action brought -(c)~If-during his military-ser he was running, down the stairs vice the officer shall be injured or Denying the charge defendant i SNATCHER GAULED

appeared before Comdr, T.C. Buff by the Fel Hang motorcar com- killed, he shall not, for the pur-stated he was asked to loog 1or) Appearing before Mr. Himsworth at the Marine Court yesterday pany claiming $231 damages to a poses of any provision of the prin- the mistress of the Sam Wo Hing yesterday, Lo To, 18, was charged charged with approaching in their motorcar following a collision with cipal Ordinance or of the Regula- shop by a clansman. He did not with snatching a wrist watch from respective vessels within 30 yards a tram. tions thereunder relating to in- know of the exact place of the Chan Po-kam, 23: spinster. on from an American liner at No. 1 Mr. F. H. Loseby appeared for jury awards be deemed to have shop but was told that it was September 8.

Wharf, Kowloon Godowns, on the plaintiffs," walle Mr. P. been injured or killed in the dis- near some Chinese banks in the It was stated that the com- Monday.

Wynter Blyth was for the defence. charge of his duty;

western district. He did not know plainant was walking along Tong Lance Sergeant Haynes prose- The case was heard by Mr. Justice (d) The provisions of this sec- the name of "the person he was Mel Road at about 12.36 pm. The cuted. The defendants pleaded E. H. Williams. tion which require that the officer looking for but only by äight. defendant came from behind and severally gulity. The fines were Giving judgment, his Lordship shall be deemed to have held a" Defendant was remanded 24 matched her wrist watch away. paid.--

remarked that he was satisfied specified office and to have been hours as he wished to call a wit-He then ran into a lane at the IN PROHIBITED AREA

that the motorcar driver failed to on leave from a specified service ness to testify to his character. back of Prince Edward Road and shall not apply in respect of any

was arrested by a Chinese con- "In the same court three funk keep a proper lookout for the period during which he shall

masters. Chan Ming Lee, 20, Chan tramear while turning the corner Wong Pun, 19. unemployed. Defendant was actually have held any other sub-

sentenced to 4 Yau, 30 and Chan Chol Fat 45, from Hennessy Road into Canal

Road East, atantive office and have been on charged with larceny of a wrist months imprisonment and to, he were charged with entering ́ a prohibited area at North Lantau Channel.

3 MONTHS FOR SNATCHER

stable.

sentenced to three Was

leave from any pubile service; watch from Chan Ying, 18, spins- expelled. after the term...

(e) Save where in any particular | ter, case the Governor otherwise di- months' imprisonment.. by Mr. recta, this section shall not apply Lowry yesterday..

where the office in the public ser- Inspector Tuckett said COM- vice last held by the officer prior

to military service was not a pen- :sionable office.

plainant was walking along Ko

Shing Street on Sept. 9 when de-

MARINE COURT

were

PASSENGERS

They pleaded guilty and Oned $50 each or two months The following passengers left with hard, labour,

Hongkong recently: Mr. Kar!

8. I. J. Bradsell prosecuted. All Berg. Miss Groff-Smith, Mr. and Three Chinese women, Yeung Yee three defendants pleaded guilty. Mrs. J. F. Rhame Mr. David. fendant came from behind and 40, Ip Kam, 64, and Chan Lak, The fines: were paid.

Tempengko, Mr. P Velasco.

Jurnishing

Department

Tel. 28151.

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