1941-08-09 — Page 5

HONGKONG DAILY PRESS

GENERAL

"SHORT CHANGE" RACKET EXPOSED FUNERAL OF MR.

DURING ACTION AGAINST H.K. UTILITY COMPANY

Caustic Denunciation By

Mr. Justice Cressall

In my 15 years' judicial experience of rackets and ramps which have been exposed in the courts I must confess that this particular ouc deserves to go down in history as a masterpiece and I am Indebted to the solicitor for the defence for his illuminating state- ment that the clue to the whole matter is to be found in the fact that the Hongkong one-cent piece is worth more than its weight in gold," stated Mr. Justice P. E. F. Cressall in the course of a judg- ment which he delivered at the Summary Court yesterday.

His Lordship was remarking on the practice, as revealed in evi- dence adduced before him, of ferry ticket setters in giving short change to third class passengers.

The case was that in which the

Hongkong and Yaumati Ferry Company was sued by its former!

604 employee, Li Leung, nf No. Reclamation Street, first Door, for| wrongful dismissal. Plaintiff was represented by Mr H. A. de Barros Botelho, and defendant by Mr. F H Loshy.

TRE JUDGMENT

Giving judgment his Lordship sald:

In the case the plaintiff clatins the sum of $334.80 being $300 cash deposited by him with the Deten- dants as a fidelity bond for the due performance of hi duties: $11.50 for half a month's wages in lieu of notice The sole issue in volved 15 whether the Defendant company was justified in d's- missing hiro without notice, facts proved to my satisfection are as follow:

זה

The

On Oct. 23, 1937, the Plaint it Joined the company as What 1 koawn as a "reserve ticket collee- He received no salary but for was able to be called up for ser- vier. and when. me

the permanent tam WILS away He was required to deposit the sum of $100 as security for his good behaviour and dligence employed by the company

whilst

RESERVE TICKET SELLER

On April 26. 1933. իր was promoted to "reserve ticket seller" and in return for the honour thus bestowed on him, he was required to produce a further $200 in cash, which he did. He. then. ap parently, acted as a substitute for

the some

permanent ticket sellers, and under a most peculiar system was paid by them for performing the duties of the permanent staff engaged by the company.

further "promotion" by

thereafter became employee.

being

A salaried

ROUND THE POLICE COURTS

AT CENTRAL

N. A. TRAVIN

SHIP'S CARPENTER ON SOVIET SHIP The funeral took place at the Colonial Cemetery yesterday of Nikander Andreivitch Travin, ship's carpenter on board a Soviet vessel calling at Hongkong, who died on board ship on Thursday from heart failure

The deceased was 48 years of 1age, and leaves a family in Russia.

DANGEROUS DRIVING ALLEGED

Cheung Kam-tong, of No. Shanghai Street, appeared before The funeral oration Was Mr. H. G. Sheldon, K.C. yesterday delivered by P. A. Sorokoff, a summoned for delving Lorry No. member of the ship's crew, who 2099 along Pakshawan Road extolled the Ane example set by without due care and caution. bis deceased colleague tn un- L/Bdr. F Baker, R.A stated grudging devotion to his work and that on June 23 he was in charge to his country. of an escort of prisoners when

There were present the crews of employecs, no employec is defendant's lorry came from be-

Soviet vessels now in Hongkong, permitted W report late for hind them along Pakshawan Road and representatives of the Soviet duty. He must be at his post at a speed of about 40 or 45 miles from "Exporthleb" and of Wallem by 4.45 a.m. each morning. The per hour causing the party to & Co. agents to the vessels in Plainti nevertheless, has ad- swerve.

Hongkong. mitted that during the period Defendant stated that he sound- Oct 18 to Oct. 24 the vital ed his horn before overtaking the week as It Werel he. was escort party.

habitually late for duty and did ¦ The casc wa5 remanded one not arrive until nearly 6 am. week. He explains this by saying that I did not matter how late be

was. provided his assistant was there at the proper time. In other words, he suggests that as he was "paying the piper he was entitled to call the tune" to the! extent of an extra forty winks' in bed each morning.

Mr Sheldon.

Floral tributes were also sent by the crews of the vessels and by the firms.

PLIED FOR HIRE

of Mr. Chilesple. on July 29, stand which was situated at Ped- employed, who had three previous Failing tu return to his taxi Yeung Man-kwong, 19, un.

der Street, Yick Lam ot No. 44, convictions, was also sentenced to Parkes Street. WIS fined $10 by a year's hard labour on two counts of receiving the stolen property Traffic Sgt. Sullivan prosecuted. while Tam Mul, 32, widow, con-

CAUTIONED

victed similar charges. WD& b According to the plaintif

Chan Min, of No. 81, Lockhart sentenced to six months hard 11 has been the practice of Road, ground floor, was cautioned labour. employees of this company to by Mr Sheldon on a summons for

Det.-Sgt. J. Bentley prosecuted. rob passengers deliberately when falling to make a report to the giving their change for a ten-Police after an accident near the cent piece The third class fare Naval Dockyard on July 3.

Is three cents. and as far as can gather from his testimony, If a passenger was so foolish as tender R ten-cent piece which, In view

آونگا

on

AT KOWLOON

STOLE CHICKENS Wong Liu, 43, was sentenced to 14 days hard labour when he

UTTERED FORGED RECEIPT Wong Chek. 28, typewriter mechanie, o No. 10 San Pin Lane, vi the then first floor. appeared before Mr. shortage of copper coins and Lowry charged with Intent to de-was found guilty before Mr. H.C. the fact that the new one-cent fraud by forging a certain receipt Macnamara yesterday of stealing, note was not then in existence, of the Millington Typewriter Com-five chickens from the back lane was the lowest

de-pany on July 7. Accused was ad- of 124, Temple Street. nomination In possession ofditionally charged with uttering most people) ne

a certain receipt purported to be or she Was dellberately given six

the Millington Typewriter. cents; from change. the one cent difference Company on July 8 and also with.

money

He had one previous conviction. Sgt. Baker prosecuted,

JUVENILE GAOLEU

Sentence of six months' hard | 14-year - old youth when he appeared be- fore Mr. Macnamara on a churge of snatching. a Handbag from unknown Chinese female near Dundas Street.

being looked upon as some kind while being a clerk or servant to labour was passed on

Typewriter of "profit" or "premium" for the the Millington

Co., ticket seller for performing the fraudulently embezzling $40 in duties for which his employers money received by him on July 8.

Convicted on were paying him.

the second and third charges he was sentenced to 12 weeks' hard labour.

Mr. H. L. Kwan appeared for

TENETS OF HONESTY

Now, In all contracts, both parties are entitled to assume that the prosecution. cach side will perform his part faithfully and honesty. Thus, in

BOUND OVER

aa

He had one previous conviction. Sgt. Baker prosecuted.

FILIPINOS IN COURT

For stealing brass name plates for the attack. Yuen and brass hooks from Lock Road

£ contract between master and i As the complainant could give servant, is 20 implied condition no reason

of his duty to his master, and the law provides that if such service

Mr. D.

SATURDAY, AUGUST 9, 1941. -PAGE 5

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INSPECTION

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FAREWELL TO

D.A.R.P.

A farewell parade to the Direc- tor of Air Raid Precautions, Wing- Commander A. H. S. Steele- Perkins, O.B.E., who will be leav-

be staged tomorrow morning by

On Sept. 21, 1940, he received that the servant will perform his He was bound over in the sum and Homuntin Street two Filipino ng toward the end of this month duties in a manner which is com- of $250 for one year by Mr. Shells, Louis Gabriel, i8 nd Henry to assume a new post in India, will placed on the permanent staff and patible to the fatthful discharge don on a charge of assauiting La Dean, 18, appeared before

Wan and possession of a chopper J. N. Anderson yesterday and were the Corps of Air Raid Wardens at with intent to assault Lo at Con- remanded until this morning when the Causeway Bay football ground. is incompatible with the ordinary naught Road West, on July 24.

sentence will be passed.

at 8 a.m. tenets of honesty, the master is

Mr. Alfred Y. Hon, for accused,

The second defendant had two entitled to dismiss him in a sum- pleaded not guilty.

previous convictions for larceny.

Sgt. Matches prosecuted.

mary manner.

On Oct. 1, 1940, he was put in charge of the first class ticket booth at the Jordan Road terminus of the ferry and re- mained here until Oct. 16 when he was transferred to the third class It

not Incumbent on the ticket booth This work, he says, master to give the servant reasons he found to be far more difficult for dismissal for provided than the former. 50 he was good grounds existed in fact at "forced" to engage a gentleman the time of his álsmissal, it does

employers he had done soi

his

Mr. C. A. Sutherton Russ, for the prosecution, stated that there was a gang war between people called Yuen and others called Lo, in a district.

Complainant could give no rea-

POLICEMEN CHARGED

HEALTH BULLETIN GAOL AND CANING *re Yuen Ngan was convicted and notifiable diseases notified as hav

The following is the Returns of sentenced to four months' hard labour and eight strokes of the the 24 hours ended at midnight on ing occurred in the Colony during

cane when he appeared

before Aug. 7- Mr. Anderson Όχι snatching,

B charge of Cholera, five cases; Dysentery, 12-cases; Enteric Fever, four cases;

Chwhile she was walking along Hum –

by name, Leung Fong, to assist not matter whether the employer son for the attack.

was cognisant of them or not, He did this, he asserts, be him. cause he was not used to the In the present case, It has been routine in that office, and, being established to my complete satis- fendant by Mr. G.T. Lowry yester-a handbag from Mrs. Gutteres

Bat of $2,000 was allowed de- Defendant was seen to snatch Tuberculosis, 26 cases. -a philanthropist drawing. $23 a faction that the Plaintiff is & day in the case in which a month, he paid his assistant at dishonest man. A man who,! the rate of $20 a month from his Pnowing the war-time value of ese Police Constable, C.233, Chuphreys Avenue by several small own pocket, without telling his the Hongkong one-cent coin,. Ping, 40, is charged with demand-boys who gave chase and arrested ammunition in Sha Lo Wan village deliberately decided to rob the Ing $100 with menaces together defendant near Gliman's Garage, on Aug. 3, and were remanded for The inference, is. of course. that public to the detriment of his with Police Constable C40, Lee

CONSPIRACY TO STEAL

one week in Police custody. having the interests of the com- employers, and to this end engaged Hel and Police Lance Sergeant A01,

Accused were Chan Hung-sing, pany so much

Hearing was continued before Mr. Yin Hing, Lal Wal-fung, Man Shu- heart he at

was an assistant to help him. I do Edwin McDermott, from Lo Kiu prepared to reduce his own salary not believe

Anderson yesterday of the case in lang, Tsang Kwal, Chan that the

Chief at No. 198, Queen's Road, West, on which Ho Sap, Chong Man, Ho Ng. Cheng Mun-ping and Chan Stu

Mul,! to $3 per month, in order to save Inspector of the Company was an Aug. 2, with intent to steal game. the company money.

active partner in this fraud, but Mr. M.A. da Silva is appearing

Cheung Shing-shum, Fan Yan, fong. I do say that the gentleman in for defendant,

Wong Kwok and Yeung Yin-fong while Det. Sub.-

are charged with having conspired as to the difference

TURNSTILES TAMPERED

Nothing further seems to have question has very peculiar ideas Insp. J. O'Donovan is for the pro-together on of before July 19 to

happened until Oct. 24 when, very honesty and dishonesty. inconsiderately, certain officials uf

the company paid a surprise visit

between secution.

It is not part of my duty to to the ticket booth presided over advise public stility companies as

by the plaintiff and found that to the means and methods of

11.

The case was remionded to Ang, steal a quantity of goods from;

junk No. 4188.

Sgt. A. Bethell prosecuted while! the defendants were represented by Mrs. Ethel Muriel Alton, of No. Mr. M. A. da Silva..

EVACUEE "FINED

the mechanism of the turnstile conducting their business but 451, The Peak, was fined $50 by had been tampered with, with the suggest to their legal adviser that, result that it was not registering. In view of the statements made by It is not necessary to go into Plaintiff and the Chief Inspector, details as to how this was done. the time is opportune for these Sumce it to say that there, was facts to be brought to the notice an excess of roughly $4 in the of the Board.. ticket booth, over and above the amount which the meter of the -turnstile called for.

DISMISSAL JUSTIFIED

ing the evacuation of last year

Evidence was given by Yau Wing-

Bat. J. Allen is in charge of the case.

MARINE COURT

"ANCHORED IN MINEFIELD Fines totalling $380 were im-

Mr. Sheldon, K.C. yesterday for sing, Ting Kum and one other toki posed by Cmdr. T. C. stiff yester falling to report her arrival in the of the junk.

day on Mak Chik-wo, 44, Junk- Colony.

Det. Sgt. J. Hill stated that dur- to 12.30 pm on Monday.

Further hearing was adjourned master, and eight other men, charged with having anchorest their funks into the East Lamma Channel Minefield, a prohibited

"USING. WEIGHTED NET Leung Kwal, 33. mistress of a -Ball of $78 was forfeited by Choi Class IV hoat, was fined a sum out the

on Dec. 12. Mrs. Alton, together with her children, left the Colony

D. O. SOUTH

area.

I find as a fact that Defendant for Shayuchung en route to Wal- An investigation followed, and Plaintiff for gross misconduct in she found that she could not go

Arm were justified in dismissing chow. On arrival at Shayuchung, GAMBLERS JUMP-BAIL the plaintiff, his private asalstahl. the performance of his duties and any further so she returned to the pak when he failed to appear $10, in default 10 days, on Leung Porig, and another gentle that, in accordance man were arrested by the Police regulations of the company (which past eight months without not charge of keeping a

with the Colony and has been here for the before Mr. B. F. Balfour on a charge that she had used a and charged with conspiring to form defraud the company. The caso, contract with

an integral part of hla fying the authorities.

common weighted net for the purpose of was, however, diamissed by the entitled to

gaming house for pai-kau in Tallifting articles from the sea bod oft No. 263 Buoy in Victoria Har-. Ban Back Street, Cheung Chau Magistrate, but in the meantime deposit.

bour, without the permission of Fourteen other Chinese, charged the Harbour Master. with gambling, had balls of $3 {each ostroated on their failing to

the plaintiff had been summarily

them) ho is not It was toarned yesterday that

e return of his cash Mrs. His leaving for Australia on Sunday.

discharged from his employment. I wish to add, however, that in view of the evidence given by the

OTHER FACTS

BORGLAR CONVICTED

Chief Inspector, the company Lai Ping, 30, pinemployed, was appear in Court. Table-money. Those shortly are the main factay should consider the question of sentenced to a year's hard labour 36.21, was given to the Pour Box. of the case, but there are other making the Plaintiff an ex gratia by Mr. Sheldon when he was con- 8.-I. McMahon prosecuted.

which are payment in proportion to lils victed on two counts of burgdary,}

facts

interest of

relevant to the laste. Involved and servios vis a vis the cash deposit one at No. 37, Repulse Bay Road. POSSESSION OF ARMS which must now be mentioned, he has made to them.

realdence of Hong Mr. Mr. A. L

NEAR LOW WATER MAIK Fines of #f. In default seven deyrnard labour, were imposed for Ng Bal, · 60, and threo others, charged with" høying, "anchored their craft at à distance loss than

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Right Chinese appeared before 100 yards from the low water W. R. LOXLEY & CO., (China) LTD. (a) Under the Regulations of There will therefore be Juda. Enteldu, on July 19, and the other. Mr. Balfour on a charge of un- mark at the seawall near Wing the company, which blod all) ment for Defendants with costs. at No. 12 Bouth Bay Road, residence lawful possession of armi, and Lok Wharf at 10.30 pm on Aug 7.