1941-04-11 — Page 5

Page

HONGKONG DAILY PRESS

̈GENERAL

SLANDER ACTION FAILS: Colony Firewood Stocks APPLICATION FOR STAY Much More Favourable OF EXECUTION GRANTED

HOLDING THAT HE FOUND AS A FACT-AND BOTH SIDES HAD ADMITTED IT THAT THE WORDS" you are a lo chien, so- ciety will not tolerate you," had been used by defendant against plaintiff but that defendant had justified the words, used, Mr. Justice EH. Williams, at the Summary Court yesterday, delivered written Judgment in favour of defendant in the action for slander.

The action was brought by Mrs. Chan Pau-shi, of No. 430 Na- than Road, against Chan Yee-koo. of No. 22 Hillwood Road. Plain- "tiff was represented by Mr. Alfred Y. Hon. while Mr. F. H. Loseby

was for the defendant.

be insufficient to

33,000 Piculs Due Today

BY A STAFF REPORTER

Interviewed by a Hongkong Dally Press reporter yesterday. Mr. W. J. Anderson, Stores Controller, stated that a shipment of AP- PROXIMATELY 38,000 PICULS OF FIREWOOD ARRIVED IN THE COLONY during the past week-end and that the full consignment was made available to the public..

Asked when he was expecting an- other shipment, Mr. Anderson re- Plaintiff claimed $1,000 damages and fact. Proof of a single in-plied, "Late this afternoon, when alleging that defendant, in the cident would

a consignment of about 33,000 presence of a number of people justify the general charge that piculs is due. This will be follow- on Aug. 8, 1940, at No. 5 King's plaintiff was a cheat. Has defen-led in a few days' time with an- Terrace, had called her a13ant discharged the heavy burden other shipment of 70,000 pleuls. chlen" (swindler). The defence is which lies on her?

Arrangements have been made for regular consignments coming for- during the next 'few

that plaintiff induced "Mrs. Hul

WOMEN OF MEANS

of some

Sap-koo to play with her in mah- All the women players concern-ward jong games as her partner and ed in this case, apart from Mrs. months." taught her signs by which they Hul, art clearly women

Questioned as to the present were able to communicate with means. On the other hand Mrs. conditions of the firewood situa- one another and thereby win large Hul occupies a more humble position, the Stores Controller stated sums of money.

tion in society being the wife of that the firewood stocks in the

THE JUDGMENT

In his judgment the Pulsne Judge said, inter alia:-

Next Week's Black-out Exercise

OFFICIAL POINTERS FOR PUBLIC

The Director of Air Raid Precau- announces that short

The

In view of the main line of de- fence as developed early in the

17, the other three players speak MAINTENANCE OF SUPPLIES cross-examination of plaintiff,

of it and there is. other evidence and namely that plaintif

the

"Ships," went on Mr. Anderson, that Mra. Ip repeated the story have been provided to bring in to The Government Black-out Order associate, a Mrs. Hul, used an elaborate system of signs when about 20th and 22nd July when the Colony all the firewood avall of 1940 will be strictly enforced playing whereby each could tell persons had come out openly with able at the sources of supply, but during this period from sunset - the other what card she required/their allegations against plaintift. as this quantity does not meet wards, and the general public is a matter for criticism that Moreover if I accept plaintiff's fully the local consumption it is, should observe the following points. the letter from defendant's soltel-version I must reject the evidence therefore, necessary to rely to an

From sunset (6.44 p.m.) to 10 p.m. ter did not mention this system of of Mrs. Chang who had no reason appreciable extent on the main- cheating. Solicitor for the plain-to take any side in that particular tenance of supplies through the on April 17 during the whole of this period-external lights of tiff should also have asked for dispute on Feb. 17.

Dealing now with the evidence "The, retail price of frewood every description both on land and particulars of the breaches of the rules before the trial opened. Full of Mrs. Hui; apart from that it was, as you know, improved from in ships, must not be lit, except particulars of the alleged signals clear there is insufficient to say 40 to 45 catties per dollar as from navigation lights. ling and of the two particular oc- that the allegations are true-Mrs. April 5, and it is hoped to improve casions on which the defence re-Hut has come to this Court and further the retail price as add- lied were, however, revealed by as stated that she herself has to supplies of firewood become the cross-examination of plaintiff can cheating consistently, plain- available." and any disadvantage to which being her confederate, and

an unemployed cargo-watcher. On Colony are now very much more tions the general run of play since Dec. favourable and that it was hoped black-out exercise will take place 1938 plaintiff won considerable that by the end of this month the on the night of April 17.

demands of the public will be fully black-out will automatically com- sums as also did Mrs. Hul

Regarding the incident on Feb._met, "

mence at sunset, 6.44 pm. and will automatically termmate at 10 p.m. the same day.

plaintiff was but by the inade-

موم

normal channels.

||

had won a considerable amount quacy of the particulars of de-of money. She is therefore a wit-case the discard did give the other ness whose evidence I must treat")

a big score. Other factors which with the greatest suspicion when have mentioned such 25 the

fence was remedied.

years and had frequently played

INTERNAL LIGHTS

All Internal lights must · Dé

screened by shutters, dark blinds, dark curtains, of otherwise, so that nought, direct or indirect, is visible from above or from any other direction.

Lights on all types of road trans-

she had known defendant for some nals and bath used them at play. substantial vertification of the re-thicknesses of ordinary blue, close Plaintiff's evidence in chief was she says plaintiff taught her sig meeting on Diamond Hill and the port must be obscured with two mahjong at her house. On Aug. was impressed by the way she mainder of Mrs. Hul's evidence woven cloth or paint. The use of 8 plaintiff went to Leung Yee-koo's gave her evidence and I formed support the truth of her version headlights on motor vehicles is

the opinion that she was a wit of cheating with plaintiff.

prohibited; in other lamps the bulb house, No. 5 King's Terrace for a money loan draw. Mrs. Leung acness who was telling the truth. A

I have therefore come to the must not exceed 7 watts in power. cused plaintiff of being unfair considerable part of her evidence conclusion--with great reluctance Road transport vehicles employed and told plaintiff that people had is borne out by other witnesses. but with conviction that plain on Naval, Military, Air Force, ARP. called her a swindler (lo chien). I reject any suggestion that Mrs. tiff had been cheating with Mrs. and Essential Services, may use the In reply to a further query as toul came here to tell lies about Hul on Feb. 17, Mar. 27 and on authorized headlamp.

witnesses for the defence.

who was the author defendant de- herself and plaintiff, in order to other occasions, I would have pre- Torches and naked lights are dared: "I said you are a swin- gain any material benefit from ferred to have been, able to reach prohibited unless screened with two dler: society won't stand you: you'

a different conclusion. For these thicknesses of ordinary blue, closé are also a three-handed' person." CORROBORATION OF EVIDENCE reasons I hold defendant has woven cloth or paint.- Platrici affirmed that she had 1. And corroboration of her evi- justified the words used and I find never cheated at mahjong and dence in the play on Feb. 17 and for her with costs, that this was the first occasion she Mar. 27, particularly in the former At the end of the judgment Mr. had been called a swindler. game. The discard by one in the Hon applied for and was granted Arst, case would have given the an order for stay of execution for

other a big score: in the second four weeks.

H.K. Volunteer Orders

ORDERS BY COL H. B. ROSE, MC, COMMANDANT,

HONGKONG VOLUNTEER DEFENCE CORPS

LOST $10,000 Defendant's evidence was that she had known plaintiff about three years during whien time she, had lost about $10,000 to her. at From Dec., 1939, to mabjong. April, 1940, she had lost to plain- tiff and Mrs. Hul $5,000. She told of an incident at her house on, July 20 when plaintiff, Miss Ip and others adjourned there to settle a dispute between plaintiff and Miss Ip. Instead of being settled, the

Corps Artillery quarrel was renewed by plaintiff

Manning Parade 17.441-IRAAL complaining that Miss Ip told. people plaintiff had won a lot of! Batteries will parade on Apr. 17 for money and ending in an assault night männing exercise at HQ. as on plaintiff by Miss Ip in retalla- under:-

PARADES:

tion for plaintiff calling her 5th AA Bty-13.30 hours; 1st and long-toothed swine. She confirm-3rd Bty-13.45 hours: 2ad and 4th ed that plaintifi was called a Bty-14.15 hours. swindler on this occasion.

The evidence of Mrs. Hul was

Dress for 17.4.43°

Even

SHIPPING

The harbour will be closed to the ingress and egress of shipping, and no movement of shipping or other craft will be permitted, except that a restricted ferry service may be maintained by the Star Ferry, and the Hongkong and Yaumati Ferry, between Hongkong and Kowloon, provided that all lights other than navigation lights are extinguished jor obscured. Navigation. Rights must be screened so that no light is visible from above, and the light visible from the water is reduced to the minimum * ennsistent with safety,

Apr, 16, EQ, 2 p.m. (1) Classifica. tion Group. Special training. Re- mainder Signal exercise. ing parade, Signal training as de- Lighthouses and certain aids to tailed.

navigation must not be lit, but in Apr. 18, HQ. 2 p.m. (1) W/T Class order to assist in the safe naviga- will parade at 1.45 p.m. (1) Remain- tion of the ferries a navigation der Field Signal training. (1) Even light may be displayed on the plers ng parade. Bignal training as de-at Hongkong and Kowloon, provid-

talled.

Mobile Column

ed that such light is so placed that

It cannot be seen from above and that it does not throw any light on

14

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·Ulvary, Supreme

FRIDAY, APRIL 11, 1941.-PAGE 5

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1. 2, 3 and 4th Btys. SD. cap. 20- Apr. 14. No parade. that she met plaintiff at a hair-ket, trousers, boots, web-equipment to- Apr. 18, Hung Hom, 8 am. All Pins, the water. dresser's and plaintiff suggested cluding haversack and water bottle Exercise in New Territories. Dress- to teach her a method whereby filed. Steel helmet, overalls and gun Battle Order, R.TR capa Vehicle they would play in partnership platform shoes to be carried. Great and Working Party:-No 2 Pin. and Bhould any air raid alarm” sig- and to share their winnings 50-50. cont. knife, Fork, spoon, plate and No. 4 Sec. No. 4 Fla.

nals be sounded during the black- On arrival outside plaintiff's house mug to be brought.

Apr. 18. (1) Nos. 1 and 2 Fins out, all road traffic must stop and 5th AA.. Battery. S.D. cap, shirt plaintiff taught her for about an! hour. That day she won $127 and cardigan, trousers boots, web equip Classes ABC. Kennedy Road Range. pull into the side of the road, ex- nient including haversack and water Parade at Drie Hall 5.15 p.m. Range tinguish all Ughts, and remain thus Classes until the "Raiders Pashed" signia? bottle filled. Steel helmet, overal's Office Lt. E C. Han and gim platform shoes to be carried. D. E. Miniature Range, Range Office has been sounded, when they may (1) Nos. 3 resume their journeys, provided -2/LE M. G. Carruthers. heard Greatcoat, knife, fark spoon, plate and 4 Plus, Class 1. Miniature Range that their lights are obscured in rumours that their secret was out mug to be brought,

The Reconstruction Department Class Z Gas drill with arms. SB. Respirators will be drawn under CQ accordance with the Government of the Yunnan Provincial Govern- Only 1 private car per Battery de Me, Butter. Class 3

ment is planning to establish a Musketry, (Black-out Order of

plaintiff $100.

RUMOURS HEARD

During July witness

so she talked to plaintiff who sug- gested to send Mrs.. Hul's husband

Transport

TAR FACTORY

tailed by the Bty, Comdr. will be used No. 3 PL Message writing. (iv) The ferries will cease running. it factory for the production of tar for the transportation of persoanel to Dress, All Fins. Overalls. R.TH. cap. the air raid alarm signal is sound-for use on various highways is the and from Battery positions.

Command:Capt. J. R. Way takes ed, and will proceed to the nearest. province. over, command of Mobile. Column Jetty, where they will remain until wef, 18.441

Other Member:

with a few men pretending to be police to plaintiff's house to thret ten players on July 17. After meeting with plaintiff at Diamond Hill, when plaintiff warned her not to tell, witness decided to Members of ist 4th and 5th AA Etys, who cannot parade as above and make a clean breast of it.

The law in such a case is clear. have their. Bty, Comdr.is permission It is actionable par se to say of a will parade, at FLQ at 5.15 pm. when Apr. 15, H.Q. 5.30 p.m. Weapon resume their journeys provided the the Yunnan Highway Bureau and person that he has cheated at transport will be avaliable. cards. I and as a fact-indeed

No. 1 Company

Apr 14. No parade.

training.

The capital of the projected fac- the "Raiders Passed" signal story has been tentatively fixed at sounded. On the sounding of the $1,300,000 which will be borne, by "Raiders Passed" signal, they may the Provincial Finance Department,

other organs

Ughting restrictions mentioned are

2nd Battery

Apr. 16. HQ 5.30 p.m. Weapon complied with.. Those de-training. both sides admit it-that on Aug.. Apr. 21, HQ, 5.30 pm.

defendant aid say of plaintiff talled. Et inspection. Dress-Mufti...

5th AA Battery

In the presence of Tsui Wai-chan

and a number of other women Apr. 15, St. John's Place, 5.30 p.m.

you are a lo chien society will

1 and 2 Bets Lecture. Dress-Mu£ts. Field Company Engineers Apr.:17; KLC.R)-Technical train..

No. 2 Company - Apr. 15. Kowloon Dock $30 p.in, No. 8 Pin. Werpon training,

Apr. 18 HQ., 6:30 pm, No. 7 Pin. Weapon training.

The site for the plant has been selected and arrangements for its estäblishment are being made. (Central News).

GENERAL Movements of traffic throughout the whole period of the black-out employed by the Naval Military, ditions which would be enforced in Air Forcë, AR.P, and Essential Ser- war-time. vices, will be permitted, but the TERMINATION OF EXERCISE provisions of the Government The exercise will automatically Black-out Order must be complied terminate at 10 p.m. on

On April 17. With

when normal lighting, land and sea Pedestrians should remain in trafic movements may be resumed. their houses, and thereby avoid ex- The termination of the exercise" Apr. 17, HQ. 5.20 p.m. Training as posing themselves to the grave will be indicated by the switching Miaka of personal injury which are on of all street lighting at 10 pm, inherent during a Black-out, and and no air raid syrens also to accustom themselves to con- sounded.

not tolerate you" I am not quite satisfied she added the words "you

Apr, 18 flo. 8.30 am. Company are a three-handed" on this occa- ston. I accept the evidence given ing by Sections (less Special Working parade for Manning excreine. Dress regarding the meaning of To Party), 8.30 am Dress Shirts, shorts, Battle" Order! chien namely a cheat, particular-boots, hosetops, butters, cardigans, Overalls will be carried. ly one who cheats at gambling

Plaintif is therefore entitled to (i) Special Working Party, 17.30 pm.

Dress Battle Order

„succeed"unless defendant: Batistes the Court that the words you ere Cheat were true in substance.

B.D. capa

Hignals

Apr. 14. No par

No. 3 Company Apr. 14 No parade.

in Company programme.

Apr, 27, Kowloon City Bange, 9 am, Casuals M. Classification

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