1928-03-14 — Page 7

$1,000 CONTRACT CLAIM.

LETTER ALLEGED TO BE A

FORGERY.

RUBBER FACTORY.

BLAZE.

SECOND OUTBREAK IN FOUR DAYS,

THE HONGKONG TELEGRAPH.

The second rubber factory to be destroyed by fire on Singapore GOVERNMENT DEPOSIT Island within four days was burnt down at the ninth mile, Tampenis Rond, on Monday, the 6th Instant.

A lotter stated to have been signed by ʼn man a few days before his death, giving his business to another man, was described as an "obvious forgery" by Mr. Justice Wood, in the Summary Court thle morning, when an action regard- ing the recovery of a $1,000 de- posit with the Hongkong Govern- ment was heard.

The factory was owned by Seah Yang Thong, but it was leased to Brinkmann and Co. Two hundred tons of rubbar, valued at roughly $250,000, were in the factory. at the time, and this was the property of Brinkmann and Co.

The fire broke out at about 11.30-the cause is not known and lasted for about three hours. Li Ng, trading as the Chiu On The entire factory was gutted, to Company, of 1 and 2, Front Row, gether. with eight milling Tai Hang Village, sued Ng Pul machines and two motorcars lam, of 126, Tại Nam Street, Sham-which were on the premises.. ahulpo. The claim was that on or about November 25th, 1924, the plaintif déposited the wom of

PUBLIC MONEY VOTES.

OVER $34,000 TO BE ASKED FOR."

CANTON AND JAPANESE SQUADRON VISITS.

PIRACY PATROL

WEDNESDAY, MARCH 14. 1928.

TEA TRADE MARK CASE.

|_ PROSECUTION OF DEALERS

FAILS.

RECENT YANGTSZE

COLLISION.

JAPANESE AND CHINESE FAIL TO AGREE.

SHANGHAI DEADLOCK.

$1,000 with the Hongkong Govern.with a contractor who was not being decided, on representations had been many complaints of mis responsibility for the collision.

The Hop Choung firm, of No. 166, Wing Lok Street, were sum moned before Mr. R.E Lindsoll, at the Central Magistracy this morning, in respect of alleged possession of goods to which Although longthy attempts at false trade marke had been applied. negotiation have been in progress The summons was amended between the Japanese representa- VOTE from an original one of manu- tives of the D.K.F. str. Atenta facturing false trade marks and Maru and the Chinese owners of Five votes, totalling $34,986, applying these to certain packages the ill-fated Hain Tah Ming, which are to come before the Finance of tea figuring in the export busi- went down in the Yangtze River- Committee of the Legislativeness of the firm. His Worship, in off Beaver Island, with the loss of Council to-morrow afternoon. making tlie amendment, remarked some 300 lives, after colliding with The biggest of these is one of that the charge of making falso the Atauta, on the night of Febru- For the complainanta, who were arrived at, according to Informa $12,000 in connexion with the labels was not proved.

ary 18, no decision has yet been oficial visits of H.E. the Governor to Canton and of the Japanese the Yuen Shut Pun of 112 Jervois tion available in Shanghai. It is Street, Mr. F. X. d'Almada said understood that documents have Naval Squadron to Hongkong,

Of the other sums, one for $7,500 that the brand of ton involved was heen drawn up by both the in- is a contribution towards the cost & well-known one in which his terested parties, specifying their! of the West River piracy patrol, it clients had dealt since 1900. There demands and both disclaiming Mr. Stirling Fessenden, Chair- by the Admiralty, to inercase the application of the trade marits for contribution of £300 monthly to a this brand.

Defendants now pleaded that man of the Municipal Council and aum equal to half the hiring and

they took delivery of the packages Mr. William P. Hunt, in charge of from a travelling trader on being the local office of the U.S. Shipping ches.

The various sums to be asked given to understand that the tea Board, have been approached by was a new brand put on the market the Chincso to act as arbitrators for are as folows:

by a supposedly new firm called in the mattor, but this action on Path Completion.

the Cheong Lee firm, of Canton. the part of the Chinese represent the Plaintiff would bear

They also pleaded that they had ing the Tah Tung Navigation Co., logs.

$9,255 under Public Works Ex-left the cases intact as they had to which the Hain Toh Ming be In answer to another question,traordinary, for path from Ta Ku received them, and that they had longed, is described by the Japan- plaintiff said that he was entitled Ling to Lin Ma Hing to complete not considered it necessary to open ese parties to the negotiation as

work in progress,

these, as the cases would be mere- "premature." to get back the $1,000 deposit,

It was anticipated that $13,000ly forwarded on in transhipment. would be required in 1927, but it was explained that the defen- owing to unforeseen delays only dant firm was in the Java export- 33,745.58 was expended,

Only ing business. $2,000 was included in this year's estimates as it was considered that the work would be practically completed in 1927. The sum now asked for is a revote.

ment as security for n contract made between the Government and

substantial.

-Mr. Lo replied that he thought

"

the plaintiff, for which sum a de-in law the plaintiff would be operating costs of the three laun- posit receipt was given to the partner... plaintiff. The money, together Mr. Lo (to plaintiff)-If, under with interest, was made return the contract, a loss was incurred, able to the plaintiff on October who would bear the loan? 31st, 1927. Prior to November 16th, last year, the deposit receipt was stolen from the plaintiff and the defendunt, who had no right or title to it, obtained the money and Interest from the Government by virtue of the receipt. The money was claimed as damages, or, received alternatively, as money by the defendant for the plaintiff.

Mr. M. K. Lo was for the plain tiff and the defendant did not a pear In Court.

Big Contracts,

His Lordship remarked that his view of the case was that at the time of the deposit Taang was the Chiu On Co. and the only persons who could get the money were the personal representatives of the Chiu On Company firm.

Replying to Mr. Lo, plaintiff said the Chia On Co. was in existence)

Mr. Lo explained that the plain-after Taung died, until the contract

own

was finishel, and just before his

death Tsang gave the business to him (plaintiff).

J:

Lady Stenographer. $1,850 for Attorney General, per- sonal emoluments, salary for a stenographer.

It is explained that a lady steno grapher has been engaged us from March 1st to fill the vacancy caused by the retirement of the Attorney Such appoint- General'a clerk.

tiff was a well-known contractor and had put through some very large transactions. He had had extensive contracts with the Hong-

Forged Letter, 'kong Government and was the

HaLordship remarked, referr- sole proprietor of a firm under his

2014, He had also puting to the letter in which Tsang through drainage contracts in gave the business to the plaintiff, Canton for $600,000 and contracts that it was an obvious forgery. The for two railways in Chinese terri dute was February 6th, 1926, and tory, one for $300,000 and another plaintiff had stated that Tsang algned the letter a few days before for a million dollars.

he died, but he died on the early morning of February 6th.

Mr. Lo suggested that his Lord-ing seven months at $200). ship was really basing that finding on an instance of memory as to when Tsang died.

He was, apparently, an illiterate man and about the only thing he could do was to recognise the Chinese characters of his own name. He did not write and did not know English.

There was a man named Teng Chiu, continued Mr. Lo, who was the father-in-law of the plaintiff's third son. It appeared that Tonig was about to enter late a con- tract with the Government in 1924, but he had to deposit $1,000 with the Government as accurity. He asked the plaintiff to loan him that amount, which the plaintiff did, and by these means Tsang was able to complete his, contract with

the Government.

Almost immediately afterwards, Tsang realised that he would not be able to carry out that con- tract, because he had no capital, so it was arranged that the plain-, tiff should take over the whole of

When that point was put to the plaintiff, he replied that he could only say that Tsang signed it a few days before his death.

Continuing, plaintiff said that after Tsang's death he (plainti) completed the contract for the Gov- ernment. All money was paid by the Government to him. signed his own name and also put a chop on documenta.

He

His Lordship: It seems to me that this man's only cause of action is against a personal representative of the Chiu On Company.

Mr. Lo argued that the plaintiff would have a better title to the money than an absolute stranger.

His Lordship, referring to the letter, again said it was an obvious

forgery.

the contract. In other words, he became the virtual owner of the

Mr. Lo:-1 was detually acted contract and also probably of the Arm name, the Chiu On Company, upon by the P: W. D.

The

That was done by a verbal agree-; His Lordship:-Maybe. ment, under which Tsang was res. W. D. have paid this man at It doesn't concern ponsible for the work and the their own risk. plaintiff was responsible for the me.

..

"}

His Worship-It would appear that the defendant was able to dia- charge the onus thrown on him.

Later, his Worship said that de fendant had given a good defence on that point, and Mr. d'Almada replied that so long as the goods in respect of which the present complaint was made, were confis cated he was perfectly satisfied.

His Worship, addressing defen- dant, said it appeared that an of fence had been committed, but not by the defendant.

In making an order for the con- ments are not provided for in the fiscation of the goods, his Wor- Junior Clerical Service Vote and it ship directed at these bo turned therefore becomes necessary to ask over to the complainants. for a supplementary vote to cover salary for the current year (frat three months at 3150 and remain-

Railway Quarters Roofing. $4,330 for Kowloon-Canton Rail-{ Wway, new asbestos sheet roofing to railway quarters.

4

PASSENGER'S MONEY STOLEN.

HAWKER FINED AT THE MARINE COURT.

.

A representative from Tokyo of the Japanese shipping interests concerned, has arrived in Shang- hal in the person. of Captain B. Nishino, who is also taking part in the attempts at negotiation. Exactly what the Chinese demands are, as the result of the catas- trophe, cannot be ascertained, but the

chief hitch in negotiations seems to lie in the fact that both Chinese and Japanese claim no responsibility for the incidents which led to the sinking of the ship.

11

Mr. S. Araki, of the marine sur- veying firm Dol, Araki & Watn nabe, is acting in the capacity of negotiator, in the matter, owing to companies' official, and it is under- friendship with the two shipping stood that, although official corres- pondence is passing through the Japanese Consulate, the Consulate is not acting officially. In the matter, but is leaving the negotia- tions to the shipping officials In

other methods may be employed.

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Powells invite you to see the New Collection of Spring Goods for LADIES and CHILDREN now being displayed in Store and Windows.

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question, falling which it is stated, HONGKONG REALTY & TRUST

TRIANGULAR SHOOT.

The European railway quarters, Blocks A. & B. at Hunghom are At the Marine Court this mòrn- roofed with French tiles which, ing, before Commdr. Newill, D.S.O., however, have proved unsuitable to N.R., Wu Cho, un unlicensed hawk withstand the weather conditionser, of Canton Rond, was charged experienced in this Colony when with boarding the ss. President SCOTTISH COMPANY ORDERS. aitasted in exposed positions. Sane Grant without the permission of the

The triangular shoot between Lion was obtained in November commanding officer, and pleaded 2nd Batt. Scots Guards, 2nd Batt. last to re-roof these building with guilty. asbestos sheeting at an estimated Inspector Brown, in charge of K.O.S.B., and the Scottish Com- cost of 35.450 which will be reduced the case, stated that the accused pany, H.K.V.D.C., kindly arranged to $4,330 when the French tiles are had boarded the vessel with razors by Mr. R. M. Dyer, is to take place recovered from the existing roofs and miscellaneous 'gear for sale. A at Stonecutters on Sunday.

The Scottish Company team and returned to store. The As Filipino passenger had tendered a bestos sheeting ordered at the end G.820 bill for goods and a man, who will be: Sergeant Cuthill, Ser- of last year has now been delivered was thought to be a confederate of geant Young, L/Sergeant Good- and as there is no provision in the the accused, snatched the money man, Corporal D. Lyon. Privates current Estimates for this work a and decamped. The accused also Stopani-Thomson, Special Vote is required to enable ran away, A search by the polica Maxwel' and Boulton. the work to be carried out before resulted in the arrest of Wu Cho, Piper G. Nisbet,

A nunch is to. leave Murray the wet season sets in,

but the man who had actually stolon the money could not be found. The Pier at 9 a.m. calling at Kowloon Piracy Patrol Cost.

vietim of the robbery could not be Pier at 9.10a.m. $7,500 for Miscellaneous Service, called, as the ship had sailed.

A sentence of one month's hard contribution towards cost of three labour was inflicted. armed launches.

J

J

It is explained that provision has been made under head 34 sub-head

Mc'Lennan, Reserve:

The dress for the competitors will be Glengarry, khaki tunic, KIH, sporran, diced hose, flashes, and spats, belt, frog, braces pouches. The dress for visitors will be uniform as above (with

4 sub-head 6 for a monthly pay- HOW MUCH DO YOU bolt, frog and bayonet only) or

KNOW?

money. The plaintiff would re- Mr. Los The plaintiff certainly ceive all the profits, of which he did the work for the Government.

ment of £300' for the three armed' would give five per cent, to Tsang. after Tsang's death,

launches on the West River pirney Mr. Lo continued that the plain- His Lordship:He worked. all

patrol. The Admiralty have re- tiff took an active part in the through. Tsang was the figurequested that this Government management of the business from heat.

should bear a larger proportion of the beginning, while Tsang gave

Remarking that the point was the cost and it is proposed to in- receipts to the Government,

rather curious, his Lordship added crease the contribution to a sum

The following general know- that he considered the original con- equal to half the hiring and operate, tract died, with the original con- ing costs of the three launches ex-edge paper has been taken from

the Daily Express. luding personnel. tructor, Tsang.

Deposit Receipt Missing: About two years ago, Teang died, but two days before his

.

Mr. Lo submitted that that was! It is estimated that this will en- death he signed a letter to wrong in law, saying that if the tail an excess expenditure of $7,500 the Government anying that he contract was not finished, the during the year and a supplement- had handed over the manage-Government would have a right of ary vote for that amount is accord- ment of the business to the action against somebody to com-ingly requested. plaintiff. He apparently knew plete it.

the Colonial Treasurer personally

and interviewed him with regard

to the lottor. After the date of

the letter, money due under the

No Right of Action.

His Lordship:-There is

no

contract was paid to the plain-right of action against this man tiff, who assumed that the receipt (defendant) at any time.

Official Visits.

$12,000, for Miscellaneous Ser- vices, entertainment of foreign officials and forces.

No vote appears in the Estimates.

to cover expenditure connected with for the deposit would be among Mr. Lo replied that the plaintiff, the ceremonial entertainment of Tange papers, but when

the regularly or irregularly, was the foreign di tinguished visitors and timo arrived to claim the return, person in charge from the time of forces, and of official return visits. about November 10th last year, he Tsang's death until the present A supplementary vote of $12,000 is found it was missing. That was time. As such, he would be en- requested in connexion with the home 18 months after Tsang's titled to claim against another official visits of His Excellency the death.

porson for taking away money | Governor to Canton and of the Jo- The plaintiff gave evidence with belonging to the business, because panese Navy to Hongkong. regard to the loan of $1,000 to he would have a prior right over Tsang and the arrangement they an absolate stranger. arrived at afterwards:

"Man of Straw."

His Lordship remarked that it seemed to be a contract in which the Government were dealing with a "man of straw." If any dispute arose on the contract, the Govern- ment would find they were dealing with some one who was not substantial az eu

Mr. Lo said he thought that was why the Government wanted

a deposit of $1,000.

His Lordship -The Government would find that they were dealing

This morning's Harbour Office Questioned by Mr. Lo with re- gard to the defendant, plaintiff reporte gave 16 arrivals and 20 de partures, with Fronch returning said he did not know the man and the highest number of arrivals and had had nothing to do with him British and Japanese level de- regarding the contract.

partures. Tonnage was heavy, with

Plaintiff don't know what rights he had..

1

TO-DAY'S QUESTIONS.

Answers, for those who need them, will be found on Page 14 of this issue.

What famous scientist and Nobel prizeman recently died? For what work is he best known? What other eminent scientist bwed much to hle researchcal What new appointment has been accepted by Lord Stradbroke? Whom does he stlecced? What scientific exhibit la being sent from America to the Science

South Kensington. :· Muscu

4

In Mohammedan baliof what are

kouris"?

6 Name the authors and titles of the poems from which the follow- ing lines

are taken: "Queen rose of the ross-bud parden of "You're a pore banighted

Ht a firstclass fightin'

Man"

"If winter camea, can spring be far behind?". What German was Court painter to Henry VIII. and drew the famous "Dance Death"

of

State the origin of a Marthon

race.

8 To what class of music do all the Jollowing belong: The Barber of Seville; Samson and Deliah; Paglinsel; The Mayi Flute? Name their composers,

.

Mr. Lo-Had ho any right to freights comparatively low, but' al- get the deposit of $1,000 from the though there were only eight

is practically all the through. registries, the majority of Government?

anthracite mined! |||| these were heavy. All vessela carried cargo, the highest return of 10 How should a large collection of

be defined the following be the day being British--from-the One the application of Mr. Lo, north, French, Norwegian and his Lordship adjourned the case Japanese shared the other heavy 11 With what poet is the name of until March 24th, in chambers, returns. There remained in har- for the matter to be further con bour, 76 vessels at 9 am, of which 12 Name the greatest stadium of sidered.

25 were British,

Bridgorj

wolves,

Part

Telő-

phants, Fanny Brawne associated

ancient or modern times.

mufti, optional,

Arms will be drawn from the Corps Headquarters on Friday between 9 a.m. and noon or 2 and 4 p.m. or 5 and 6 p.m., or on Saturday, between 9 1.7. 1. p.m.

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