1940-12-03 — Page 8

PAGE 8-HONGKONG DAILY PRESS

LAMMERTS AUCTIONS

“DISGRACEFUL STATE OF LAISSEZ FAIRE”

PUBLIC AUCTION. Crown Succeeds In Appeal

Against Bench Decision

THE Undersigned have received instruction from the holder of Bill of Sale No. 63 of 140

to sell by

PUBLIC AUCTION

"I do not think it necessary for me to say more than that Mr. Chen's arguments dissolved themselves into revealing a disgraceful state of Inissez faire. The hearing of this case has left in my mind the impression that the defendant, as a factory owner and as an employer of labour, in not anxious to take any steps for the schikt and complete protection of the operators working under him.” said the Chief Justice, Siz Atholl MacGregor, when giving judgment In the Full Court of Appeal yesterday, after Mr. I. P. Murphy, Assistant. Crown Selfeltor had successfully applied, on behalf of Mr. Wednesday, the 4th December, 1940 E. C. Drown, Assistant Inspector of Factories and Workshops, for leave to appeal, by way of re-hearing, against the decision of Mr. Q. A. A: Métudyen in respect of a summons brought against the at their Sales Room, No. 2 Con-manager of the Lau Gee Engineering Co., for failure to fence secure-

ly the dangerous parts of five machines. naught Road Central, 2nd Floor.

at 12 o'clock (noon)

The Machinery of the Kung Fat Factory of No. 21 Bute Street, Ground Floor:--

One 8 feet Lathe

One 6 feet Lathe

One Sharpening Planner

Ohe Surface Planner

Mr. Murphy said that in the per minute, lert unattended. defendant was. There was also a drill, which had lower Court the

u pulley wheel about one foot summoned in respect of five ma- chines. The Magistrate registered from the ground, the beiting of

£4

GENERAL

H.K POLICE

RESERVE

trung by the Hơn. Một Giâ Perdue, Acting CommissionET of Police

CHINESE COMPANY

£350 DAMAGES FOR WOMAN

CROSSING SMASH SEQUEL

A spectal Jury of four, to the Training Course-Part II. Those County Court, Australia, awarded detailed will attend Company Mrs. Ivy Gladys Lyons, of Raleigh- | Headquarters for Part II of train-, st., Wiridaor; £350 damages for in- ing Course under Sub-Inspector | juries sustained by her in`a col- (R) Chan Chung Tung on Thurs-iston bátween à car in which she day, Dec. 5, at 17.30 hours, sharp.

Training Course--Part IIL Those detailed will attend Prince's Build- ing, 1st Door for instruction in Part III of Training Course under Police, Sergeant R30 Thong Po Hing on Monday, and Wednesday. Dec. 2 and 4 respectively at 17.35 hours sharp.

Patrol Daty. Patrol duties will be carried out as ordered,

was a passenger and a goods train at the level crossing at North Geelong at 1220 am. on March

-Judgment was entered with costa against the Victorian Railways" Commissioners.

Mrs. Lyons alleged the trucks the road and were standing on that the Commissioners' servants had failed to warn the driver of the car of the danger ahead ·

Another allegation by Mrs. Lyons was that nơ whistle, was sounded

by the engine.

INDIAN COMPANY Commendation. Constable R255 Abdullah Sher Mohamed la como

Negligence was denied by the a conviction in respect of only which was running downwarda mended by the Commissioner of Commissioners, who claimed that che machine and imposed a fine Being unfenced it was decidedly Police for zeal and alertness. In the train was moving slowly across for $80. As it was admitted by the dangerous there was always arresting & Chinese male on Oct. the road when the accident oc- prosecution that the other ma- the danger of people's clothing 17, 1940, who was convicted for carred and that the whistle was chine was a border-line case, his being caught by it and the person Unlawful Possession of Arms and sounded twice. application for leave to appeal was dragged down.

Mr. D. M. Little (Instructed by Training Course-Part I Those Messrs. McCay and Thwaites) ap- detailed will attend No. 2 Police peared for Mrs. Lyons, and Mr. J. Station for instruction in Fart F Malvany (by the Crown solici- of Training Course on Monday. tory for the Commissioners. Wednesday. and Friday, Dec, 2, 4, "and" 6 et 17.15 hours.

One Shaft with 4 pulleys on wood in connexion with the other three The shaping machine had a machines on the ground that they pulley wheel about two feet, nine

tramo

One 1 H. P. 220-350 V Motor

Terms: Cash on Delivery,

LAMMERT BROS.

AUCTIONEERS.

PUBLIC AUCTION.

ware also dangerous,

COM-

Ambaurition

inches, from the ground with the It was further contended by belting running also downwards Mr. Murphy that the Magistrate's It was unfenced and was anding that three of the machines aidered dangerous for the same were reasonably safe was against reason 23 the drill. The car- the weight of the evidence and borumdum wheel was ten inches that the Magistrate, did not take in diameter and one foot, two in- into consideration the positionches. from the floor. It was in/in Part II of Training Course on i of the magriment.

REASONABLY SAFE

Mr. T. 0. Brayfield had; said.

stalled near a two fret, atx inches, víče door.

Es took, Mr. Drown said, as the Mr. Murphy, testified in the Court'sandied of safety that which was

THE Undersigned have received reasonably safe as they had been this wheel is the Home Once

Instructions

to sall by

PUBLIC AUCTION

07

Wednesday, the 4th December, LEMO

commencing at 5.15 p.m.

at their Sales Room. No. 1, Con- naught Road, Central. Room No. 205, 2nd Floor)..

... A FINE COLLECTION OF

VALUABLE POSTAGE

STAMPS

Terma; Cash on Delivery,

LAMMERT BROS., AUCTIONEERS

mots had been taken out

Training Course-Part II. Those detalled will attend Indian Com- pany Headquarters for instruction

Dec. 2, 3, and 4 at 17.30 hours.un Monday. Tuesday, and Wednesday. der Police Sergeant R214 Channan Singh.

The P.P.TS. will hold an

AIR RAID" ALARM IN CHUNGKING

CHUNGKING, Dec. 2 (Central) sounded An air radd alarm was in Chungking yesterday when into wine Japanese planes flew Szechwan from western Hupeh. The planes circled over the war- dropped no

examination in Part II of Train-time capital but wheel is liable to burst fing Course at the Indian Company bombs.

improperly mounted.

fenced But, said Mr. Murphy, this evidence was based on

In cross examination, Mr. Drown spection carried out by Mr. Bray- admitted that prior to his ap- feld on Sept. 13, after the sumpointment in June he had had no experience of factory Inspection. Visits were made by the comHe agreed with Mr. Chen that plainant appellant to the defend-there might bè 1,500 carborumdum ant-respondent's factory in June. machines in the Colony. He had July and twice in August, and, never seen or heard of any car- on all occasions, the machines borumdum machines bursting in were found unfenced. The de Hongkong, and that all he knew fendent had been warned several about these machines bursting he summons was learnt through reading the Home times. Finally a taken out on Aug. 13 and served Office publications. on the defendant on Aug. 20.

Mr. D. W. Phillips stated that Mr. Murphy went on to say that in his opinion the machines were the evidence given by Mr. Drown definitely dangerous, if unfenced, was based on the standards of He agreed with Mr. Chen that at safety laid down by the Home, the time of his visit to the factory Office and set out in offelal pub-in 1837 the machines were all lications, This evidenės was, how-tenced but he could not say ever, ignored or not given enough whether the fences were in the

Headquarters. No. 20 Ice House Street on Thursday, and Friday, E R. Butcher on Wednesday, and Dec. 5 and 6 at 17.45 hours. Those Friday, Dec. 4 and 5 at 17.15 hours. detailed will attend.

Greener Gun Drill. Squads 7--8 will attend for Greener Gun drill on Wednesday, Dec. 4. Van will leave Queen's Pier at 17.00, hours, Dress Optional,

Patrol Duty, Patrol duties will be carried out as ordered,

FLYING SQUAD Promotion, Constable R304 am Chung Mow has been promoted to the rank of Lance Sergeant, as from Dec. 1.

Squads and N.C.Os who have been separately detailed will st tend for Greener Gun drill on Sunday, Dec. 8, Van will leave Queen's Pier at 10.00 hours. Dress -Blue Uniform.

Patrol Duty Patrol duties will be carried" out as ordered....

EMERGENCY UNIT RESERVE Training Course-Part II Those detalled will attend. No. 2 Police Station for Part II of Training Course under Lance Sergeant R481'Monday, Dec. 2. 1940.

Patrol Duty. Patrol duties will be carried out as ordered,

O, DAGER.

D.C.P.(R).

consideration by the Magistrate. same position on his last visit. GOVERNOR URGES NEED

submitted Mr. Murphy, who must He had known, however, of cases have been confused by the expert where fences had been taken down evidence given on behalf of the for machinery repairs and had not defence, which testimony Includ- been replaced.

PUBLIC AUCTION, ed machines not the subject of

the summons.

Concluding. Mr. Murphy said. "On the whole the former hear. THE Undersigned have received THE

instructions from Mr. D. Ming was most unsatisfactory and I ask leave to appeal by way of Bigger to sell by Public Auction at his residence Woodbury, Pok-ze-hearing." fulam,

Thursday, the 5th December

1940

commencing at 10.30 a.m

VALUABLE HOUSEHOLD

FURNITURE

comprising:

WASTE OF TIME

NO WARNING

Evidence was then given by the defendant-respondent who stated that he had manufactured ma chines for knitting factories since. 1917. Prior to the summons he had received no warning concern ing the machines, although Mr. Phillips had visited the factory several times,

:

OF RED CROSS HELP

·

"I realise what a boon and a blessing the Red Cross has been to the wounded, but my experience fades into Insignið- cance. compared with those who took part in the retreat to Dunkirk," said the Governor (Sir Winston Dugan) at the an- nual meeting of the Victorian division of the Australian Red Cross Society.

He told the Town Hall audience that £40,000 worth of Red Cross supplies and equipment were lost or had to be abandoned in that episode.

GETTING THE

JUMP ON THE ELEMENTS

Asked by the Chief Justice why the usual course of applying to the Magistrate for a re-hearing He had never, said Lan, had a

"You can imagine what...... that was not adopted, Mr. Murphy said single accident in his factory nor meant to the wounded, who were that he had spoken unomcially to had any ct his carborundum relying on them for succor, or to the Magistrate about, the matter machines bursted. All his work those who had fallen," he said.

Balloons and helium tanks have but was told that it was a waste men are fully experienced men. "Fortunately a reserve supply had the Eskimos open-mouthed around of time as he (the Magistrate) Cross-examined, Lau admitted

been prepared to meet that loss the northernmost community on would come to the same decision that the passage behind the ma- and it was sent out inmediately. the North American continent.

His Lordship remarked that the chine was used by workmen com- "If it bad not been for the re- Magistrate might have been subing in and going out.

serve supply, hundreds of men

It's because the United States

ing attempt to plot storms before

here.

Bu John Junes of Chanute, Kuu.. will be a surprised as the ExkİZOR

to know that the balloons and heffum tanks are helping the Gov- ernment tell him whether the time is ripe for a picnic or whether. he'd better buy some anti-freeze for his car,

Very Fine Upholstered Couch dued by the big guns of Mr. Bray- Mr. T. H. G. Braydeld, giving would have been denied needed Weather Bureau, in its ever-widen- and armchairs with Good Springs del or be might have disregarded expert evidence, stated that there attention."

between and Extra Cushions. Popffe, Pic-every ward of what Mr. Brayfield were

1300 and 1500 Need for Red Cross activity nad they blow and sows before they tures, Curios, Silverware, Brass said. Without knowing what was carborumdum wheels in the Co increased a hundredfold, and as fall, has extended its observation and Bronze Chuaments, Celling in the mind of the Magistrate ilony. The wheel in question was the war

went on there was a and Table Fans and Lamps, Card would be most difficult to come to in his opinion quite safe as it was greater need for people to work Tables, Cabinets, etc., etc..

any decision on the notes alone properly mounted. The possibility together for the zeller of suffer Dining Table and Chairs, Side- The only just course to take would of its bursting was negligible. Asing, he added. board, Side Table, Dinner Waggon be to have a re-hearing de novo, the operator must stand in front)

Australian troops might be Class and Crockery, etc., etc. If leave to appeal is granted after of the wheel when working, it, the In the thick of the fighting

Iron and Wood Bedsteads with Mr. Percy Chen (who appeared for, wheel is automatically fenced in by

before very long. Officers and Spring and Beauty Rest Mattresses, the respondent) had been heard., the worker.

ratings of the RAN. had af Wardrobes, Dressing Tables, Chests

sérved admiration for their skill and gallantry. "They have proved themselves Mr. Phillips, the Senior Inspector Questioned as to the carborum to be worthy of their predecessors of Factories and Workshops, had dum wheel, Mr. Brayfield said in the last war and their comrades visited the premises on several that approximately 80 per cent of in the Royal Navy are proud occasions since, the installation of the wheels in the Colony were them," he stated. new machinery in 1937, had not unprotected. been challenged, which fact "might!

Mr. Chen, after pointing out In reply to Mr. Murphy, Mr.ready been in action and de of Drawers, Mirrors, Carved Cam- that no particulars were given in Brayfield said that his evidence photwood Trunks, Cooking Stores, the summons, contended that the was based on what he saw on Sept. Kitchen Utena, Garden Tools, statement made by defendant that† 12. . etc.. etc.

Valuable Curtains, Tientain Car pets, Steel Furniture, Garden Swing Couches

and

A QUANTITY OF CARVED BLACKWOOD FURNITURE:

On View from Tuesday, the 3rd December, 1940.

Terms: Cash on Delivers,

-Aberdeen--Bus, Nīó. ? panica“ the House

LAMMERT BROS.,

AUCTIONERRE.

WOULD BE. UNSAFE

HUGE TUYER. The Eskimos are currently

Watching construction of a huge war from which radio-controlled - balioens caurging weather registering devices will be released. He paid high tribute also to the The tower dominates the Barrow members of the RAAF for their akyline-which otherwise is com hag led the Magistrate to decide

Mr. Brayfied admitted that car- epic part in bombing nights over posed cheny of the sheet-fron as he did,

roofs of trading stores and the After leave to appeal had been borundum wheels are liable to, chemy territory

The Dunkirk incident plainty rough tops of native totises against granted by

his Lordship, Yiu burst, and that the shaping wheel; Chung-hing, # draftsman, was and drill would be made it un-showed the necessity for prepara a barren background of rolling

tenced.

tion. he said. "We are aff inclin- tundra. called by Mr. Murphy to give evidence as to the correctness of Giving judgment, the Chiered. I am afraid, to be too apt to The balloons will be released over. the plan of the factory drawn by Justice said that he and Mr sey. Wait til the battle starts. If the top of the Arctic ice field, and Justice Williams were perfectly is going to start in earnest, you the Andings of the fastruments will satised that the three machines can take my word for that. Str be transmitted southward from mentioned in Mr. Murphy's appeal Winston Dugan concluded.

this weather-breeding ares...“ so United States citizens can get the jump on the elements,

Barrow will be remembered sa

hias.

EVIDENCE CALLED

Mr, Drown. In his evidence, were unsafe at the time the sum- stated that he visited the premises mons were issued. There should

on several occasions, and, on Aug. be a conviction registered on each the carborundum wheel, or $300 13 found several unfenced ma- of the three machines, inclusive of the time imposed by the village of 111 families, four of chines at No. 129, Kwelin Street. "On the drill and shaping ma- the Magisizate. The defendant is them white which is tucked away There was a carborundum wheel chine I impose a due of $100 in also to pay for the costs of this on Point Barrow, at the top of going at about 2,000 revolutions each case and $50 in the case of "appeal.""

one's Alaska map.

TUESDAY, DECEMBER 3, 1940.

KIRIN

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