1927-01-25 — Page 2

Economy in Headwear

STETSON HATS

Regular Stock Sold at Old Prices In Spite of the Drop in Exchange.

BARGAIN OFFER

A Sample Line of STETSON HATS sell at $12.50 each (worth $17.50)

and

$10.50 each (worth $15.00)

No Worry if it's A STEPSON

To suit other purses economically, we also have for sale an overstock of:-

$12.50 HATS at $5.50

In Various Sizes, Colours, and Styles.

These are made. by other reliable factories, in, Europe, and are overstocked" by us merely in consequence of the recent d'opression of market.

Call Promptly and Make a Good Selection

THE SINCERE CO., LTD.

THE "HONGKONG EMPORIUM. "

#!

SANITARY GOODS, BUILDERS' MATERIALS & HARDWARE.

A vory large selection of the above goods stocked by us. Expert workmen, for every kind of Sanitary Engineering,

GAY KEE

SANITARY ENGINEERS,

Stephen's Building,

69, Des Voeux Rod, Central, TELEPHONE C. 5503

REMOVAL SALE

For 10 DAYS ONLY-

All stock to be cleared at reduced prices before removal

for CASH ONLY.

You will save money by making your purchases during this sale.

After 1st February we will be located at No. 26, Queen's Road, Central, A. P. C. Building.

ABAQUERÍA ALIPINA

T

LEADING TOBACCONISTS

Nervous debility

frequently is caused

by faulty nutrition

and can be corrected

by a regular course

of this lung-healing

and bodybuilding.

food. Ask for

IN THE FAR EAST-

THE HONGKONG TELEGRAPH,

TUESDAY, JANUARY 25. 1927.

LIBEL ACTION FAILS. allegations that were "recklessly made and obviously untrue that would ba ayldence to go to the Jury that there was malico.

The Chief Justice: Of course the onus is on the plaintiffs to prove express malice.

THE ELECTRIC COMPANY.

Damages for Breach of contract and libel, amounting to $1,000, were claimed from the Hongkong Electric Company by the Hoo Sing Firm, of 48, Lyndhurst Terrace, before the Chief Justico, Sir Henry Gollan, in the Summary Court yes- terday

Mr. M. K. Lo was for the plaintiffs, and the defendants were represented by Mr. Eldon Potter, K.C

Mr. Potter: The only evidence we have had is that so far from express mallee the Electric Com slat the plaintiffs. pany have actually desired to ns-

A Frivileged Ocenslan.. Mr. Potter proceeded to quote cases bearing on the question of malice and particularly on the point that where an answer to a question was invited then the per- son who put the question was sim- it was his own misfortune. ply asking for what he got and He was proceeding to say that there were my other authorities he could "quote on the subject, when the Chief Justice Intervened and said it was unnecessary,

In regal to malice, Mr. Potter said the Privy Council had laid it down that once a case of privilnge had been established, the onus was entirely on the plaintiff to prove

Mr. Potter's Submission. Mr. Eldon Potter submitted that he had no case to answer. He re ferred to the case of the Hoddeson Gas and Coke Company v. Hasel- wood, in which the appellants (the Gas Company) had supplied the respondent with gas for several years, and he had hired of them a metor by the year, and payment. both for the meter and the gas sup plied, was demanded and made quarterly. It was held in this case, which Mr. Potter character-express matice and thus take the

case out of privilege. ised as being very similar to the present one, that there was no- evidence from which a contract could-be implied binding the appel, lants to continue to supply gna for any specific period, or requiring them, before discontinuing to sup- ply. to give the respondent notice of their intention to do so.

Mr. Lo: certainly agree to that, once my friend has convinced your lordship that this is a privi- leged occasion. Your lordship has not ruled yet that it is a privileged

occasion.

The Chief Justice: I declared it is a privileged communication.

You asked for a reason, and, you brought it an yourselves,

That, counsel said, was a very strong case quoted by Halsbury as

Mr. Patter went on to submit a perfectly good and living case to that malice must be express day. It was interesting to notice malice. There was no evidence how difficult it was to induce the whatever that the manager of the Court to imply terms of this kind Hongkong Electric Company had unless the Court felt it was the in-been actuated by malice. He had tention of both parties that they merely given the reasons in ang- should be implied. Halsbury was

wer to lalters received asking why quite clear upon that point. Ob- the Company had neted in a cer- viously, the contract could be quite tain way. He submittd. In con- completey carried out in the preclusion, that the occasion sent case as it stond, because it privileged and that there was no might be the understanding of evidence whatever of malice. both parties that either party could, without notice, terminate the contract.

The Chief Justice: Of course there is nothing. to prevent you entering into a contract.

Mr. Potter: We do enter into contracts with various big con- sumers-special- contracts in which all these matters are set out.

was

Company's Wide Powers. Mr. Lo, in reply, argued that the facts of the Hoidoson cuse "were not exactly the same as those in the present case."

The Chief Justice said he could this sée no distinction between case and the Haddeson case.

claims, one based upon contract and the other based upon the fub- lention of an alleged libellous letter by defendants referring to the plaintiffs. So far as the con- tract claim was concerned, ho could make no distinction all! between the facts of this case and the facts of the Hoddison onse and consequently the plaintiffs' case failed on that claim..

ד'

.

As regards the question of libel, there was no need for him) to go into the meaning of the lot- ter, having regard to the view he had taken of its being a privileged occasion. The occasion was clear- ly a privileged one. A request was made by the solicitors for the plaintiffs for certain information. regarding the cutting off of the supply of electricity, and in any- wer to that invitation the Company wrote a letter on March 26th last, year.

!

In his view that made the occa- sion a privileged one. Mr. Lo had argued that although the ocension might have been a privileged one," there was some evidence of express mallee. It was a malter Alto- gether beyond dispute that the onus of proving express malice, which would remove privilege, was on the plaintiff. Thore Was no evidence at all which showed malies and there were no state- ments in the letter which entitied, him to call upon the defendants to answer the case any farther. He therefore found for the defendants.

Counsel a Luxury.

Mr. Lo referred to the question of costs, and said he did not know what' views his lordship's views. were as to counsel appearing in a Summary caso.

The Chief Justice: I am in- clined to regard counsel in a Sum- mary case as a luxury,

Mr. Potter: Counsel also regard It as perhaps a luxury, but there is a principle of mportance in- volved, and, indeed, my friend in opening his case, expressed regret that he was unable to secure coun sel himself.

Mr. Lo: That would have been indulging in another luxury.

The Chief Justice: I am delighted to see you Mr. Potter, but in the cir- cumstances.I do not think I can certify for counsel.

Mr. Potter: We have not made! any application in the matter. I am sure the Company's desire

Proceeding, Mr. Potter argued Every feature in the Hoddeson would be to leave it entirely in

that if the meter was tampered with when under the custody or the control of the plaintiff, that was conduct which would entitle them to say the matter was at an end. The authorities showed that if a party was guilty of miscon- duct, then the other party could say the contract. was at an ad. The Electric Company could not go who tampered with the meter in this case, but in as much as it was in the custody of the plain- tiffs, some servant of theirs must have tampered with it. There was no other conclusion that could pos- sibly be arrived at. On the ques Lion of contract, he submitted there was no case to answer.

The Libel Claim.

"I am

your lordship's hands.

Judgment was entered for the defendants with costs

case appeared in this case. afraid I am against you on the question of contract, he told Mr. o. am somewhat reluctant to come to that conclusion, and I think it is a great pity that, regula- Sir Charles Wakefield is present- tions have not been made. Asing a deed bearing the seal of the atter of fact regulations could famous Whittington, dated May 7, be made under section 4 of the

1402; to the Guildhall Library. Ordinanceand I am inclined to agreerith you that it is somewhat regret ble that they have not been made.

Mr. Lo: If one result of this case is that the Legislature decides to make regulations to protect both the Company and the public, then the plaintiffs will certainly feel- that they have performed a public service in bringing this case for ward. I bow to your lordship's I ruling..

With regard to the libel claim, į Mr. Peller: I do not. want to Mr. Potter drew his lordship's at interrupt my friend, but the Press tention-to-the-fact-that-the-alleged--present-and-one-would-think libel was contained in a reply to from what he has said that we two letters of the plaintiff firm. have inflicted some awful damage They had had a very interesting upon the plaintiffs. My friend statement in evidenes, which they must not forget that the Com- did not often get in a libel case, pany's reason for doing this was and that was the admission by the because- plaintiff's own witness that if cer- The Chief Justice: On the inin facts were true, the only con- general principle I must say that clusion the Company could have the power given to the Company, come to was that the meter had apparently as the result of the law been tampered with. That, how-the gewine law-are so great ever, was only of interest on the that I think it is just as well the question of malice.

whole subject should be considered, With regard to the question of That is a different question alto- privilege, even assuming the de- gether, and has nothing to do with fendants could not prove the state this case. So far as the question ments in the letter, the letter, he of contract is concerned, in the ab- contended, was..n privileged com- sence of any regulations made by munication, and that privilege the Governor-in-Council, I feel was only lost on the plaintifram bound by the Hoddeson case. satisfying his lordship that there I also rule that the occasion was a had been express malice.

privileged one,

The Chief Justice: If you make a statement In a letter beyond what is reasonably necessary, then that is malice.

Mr. Lo went on to argue on the question of express "malice that the Company's letter had gone much further than it should. The inference to be drawn from it was Counsel agreed. He quoted the that the Company had been perio case of Bishop in which thedically defrauded."

Privy Council ruled that they must not scrutinise too carefully the

The Judgment.. language of a privileged communi The Chief Justice, In giving ention. Of course, if it containeft judgment, said there were two

ŞALESMAN ŞAM

SO YOU'RE GWING A

FARWELL PARTY

TONIGHT- WHO'S GOING

AWAY?

OUR PIANO- THE INSTALLMENT MAN TAKES IT BACH IN HE

MORNING

HANDCRAFT

Architecture

ナ

ancient and modern

One of the greatest and most enduring forms of Handcraft finds its expression in ancient architecture. But the same spirit which impelled the attainment of perfection in. these now ruined Arches and Temples, to-day produces equal masterpiece of Handcraft in

an

STATE XPRESS

AILSA

VIRGINIA

CIGARETTES

555

Made by band-One at a time!

ARDATH TOBACCO CO., LTD., LONDON

CRAIG

BRITISH MARINE MOTOR

4-6 H.P. 2. Cylinder

6-8

2

10-14

4

10-20

•20-24

28-36

6

OVERHEAD VALVES. RELIABILITY—SMOOTH RUNNING. All these are yours and more, when you put in an Ailsa Craig no trouble Marine Motor The motor as supplied to H. M. The King, British Admiralty, Board of Trade and Royal National Lifeboat Institution.

Sois Agents Dodwell & Co., Ltd. Phone C. 1030.

Sole

Li'l Optimist

OH BOY!

THAT

WAITER

TREATED ME

ORE

"You' BLANKSty BLANK - DIANKI

--POOL-

A

KING

ΠΟΡΣ

54

BENENES

WIT CREEM WIT-MILH 15€

COFFEE SLAP DISH HAIL

HANTS

Han EGGS

2254

WASH

JOUSE!

LIKE A

KING!!

1 ONLY LEFT HIM A 54.

By Swan

PLO HE SAID HE'D

LIKE TO

CROWN ME

YUP --

TIP

SCOTT'S

Emulsion

The protector of life