1928-12-13 — Page 2

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THE HONGKONG. TELEGRAPH,

STREET PROCESSION.

POLICE STOP FETE FOR GOD

OF HOUSEBUILDERS.

Ten Chinese appeared before Mr. R. E. Lindsell yesterday after noon in connexion with a proces sion which was held recently with- out due permission from the Secretariat for Chinese Affairs..

Mr. R. A. D. Forrest prosecuted and Mr. F. H. Loseby represented defence the defendants. The pleaded guilty.

Outlining the facts which led to the appearance of the ten men be- fore his Worship, Mr. Forrest stated that on November 14, one Chan Chi-sang applied to the S.CA. for permisalon to hold a procession in connexion with the opening of the Lo Pan temple, The application being rather out of the ordinary, the matter was referred to Mr. North.

THURSDAY, DECEMBER 13, 1928.

SURVEYOR'S CLAIM.

MR. HUNTER SUCCEEDS IN ACTION FOR FEES.

NEW PAVILION.

·DIOCESAN GIRLS' SCHOOL DUILDING OPENED.

With the building gally de- Mr. Justice Jacks yesterday. afternoon delivered judgment for corated with flags and the two the plaintiff in the case in which pillars of the main entrance Mr. R. H. Hunter, Prince's Bulld-secured with blue and white Ing, surveyor to the Bureau ribbons, the newly erected pavilion Veritas, an International Register of the Diocesan Girls' School pre- for the classification of shipping cented a very pretty and im sued the Kwong Sang Lung Ship presalve appearance yesterday on building Company, Mongkok, for the occasion of the formal opening $187.40, Mr. Hunter claimed the money as being due for work done by Mrs. W. T. Southern, the wife of the Hon. Mr. W. T. Southorn, and money expended at the re- Officer Administering the Govern quest of the Kwong Sang Lung Firm. He claimed that $150 was for inspection of plans and specif- cations for the construction of a proposed stool steamer, and $37.40 being the coat of a telegram in that connexion.

Mr. T. J. Bennett was for the plaintiff and Mr. F. X. D'Almada defended..

Mr. North informed Mr. Forrest Giving judgment, his Lordship not only to withhold the Issuing said: This la. an action to ro of the permit, but also to advise cover a eum due for servicos the applicant not to hold the pro- rendered by the plaintiff to a firm cession at all. The police were of ship-builders. The facts are as instructed to keep a lockout to see, follow: that the procession was in fact not held.

The police later reported that they had seen a procession and had taken the names of ten personal appearing to be members of the sociaty who held the procession.

Mr. Lindsell: Then you draw no diatinelion between the liability of eny of them?

The defendants contracted with

|

ment. ."

The chief attraction of the day was the bazaar, which was held in the school building and which was generously patronised by the large attendance of friends pre- sent..

Shortly after three o'clock, Mrs. Southorn arrived and was met at the entrance to the playground by His Lordship, the Bishop of and Mias Sawyer Victoria (The Rt. Rev. Ć R. Duppuy) (Headmistress of the School). The route leading to the pavilion, was lined by the Girl Guides Company A firm in Manila for the construc-attached to the School. tion of a steamship which was to comply with the regulations of the Bureau Veritas, of which the plaintiff was the local representa tive. The defendanta submitted plans and specifications to the plaintiff and signed a request to the plaintiff to survey tho ship whilst under construction.

The plaintiff forwarded the plans and specifications to Paris and obtained telegraphic reply at the request of the defendants, He now seeks to recover the usua! fees for his services and his dis- bursements.

Mr. Forrest replied that he understood from Mr. Loseby that one of the defendants would admit the prime liability and was pre pared on behalf of all the defen dants to give a full and ample apology. In that case, Mr. Forrest thought that a very small fine-on

The defence is, firstly, that the the person who took the respon- plaintiff is the agent of the firm sibility would meet the case. - who gave the order for building the Mr. Loseby said that as his Worship and secondly, that he is not ahip probably knew, the God of entitled to recover la person as he the Housebuilders was known as is only the agent of the Bureau Lo Pan. His clients were mem- Veritas. bera of the Carpenters and Con- tractors' Association.

!

* Builder's Duty.

On arrival at the entrance to the pavilion, Mrs. Southorn Bøver. ed the ribbons with a pair of scissors and walked inside. A short programme of music and school after which dances was then presented by pupils of the the assembly adjourned to the school building for the forinal opening of the Bazaar,

Bishop,

His Lordship, the briefly introduced Mrs. Southern and extended, on behalf of the School, a warm welcome to her for her presence. Mrs. Southern, continued the Bishop, had come for the double purpose of opening the pavillon as well as the bazaar. His Lordship expressed great pleasure at her attendance and remarked that her time was great- ly occupied with many other public services.

her very

Girls Very Fortunate. When a ship is to be built in Mrs. Southern expressed appre- Mr. Loseby continuing said that Choy Un, one of the defendants,nccordance with certain require ciation at what the Bishop had claimed to be the social secretaryments, it is the duty of the ship-Enid. The opening of the playahed,

builder to comply with those re-she continued, gave of the Assocation and as such was quirements and take the necessary special pleasure. It stood for no prepared to accept responsibility. The temple had been closed down steps to that end. He would much that was good. To begin naturally include the cost of no do with the money had been raised for many years and was being resing in his contract price. I see through the efforts of the school opened in Kennedy Town and his no reason to believe that this combined with the assistance of clients had applied to the S.CA practice has been departed from the Government, for leave to hold a procession with

in this ense. the intention of staging one with two thousand people taking part

Then the permit was refused and some discussion took place amongst Mr. Loseby's clients as to what would and what would not be a contravention of the law en the subject and it was Anally decided that if a very few people did go from their headquarters, in Wanchai, to the temple that they would not be guilty of a breach of the law.

"The school has worked hard to I do not believe that any inter-achieve this result," proceeded views, which the plaintif may have Mrs. Southern, "and the Govern had with the agent of the firm who ment has assisted substantially. gave the defendants the orders for Apart from the means by which the ship, affected the relationship it has been raised, I can see in the between the plaintiff and the de- fendants in any way.

With regard to the second point, that the Bureau Veritas and not the plaintiff should have been the plaintiff in this action. It is true that the plaintiff is the accredited Bureau of the representative Veritas here, but there is no evidence that he is a salaried official of the Bureau and that the Bureau is entitled to everything he earns for his personal services here. The plaintiff stated that he merely pays to the Bureau a com miaston on what he earns. This was not disputed. I see no reaso11 why he should not.

give judgment for the plaintiff

An Apology Tendered. Mr. Loseby went on to say that as a matter of fact forty-fivo people took part in the procession, which, as his Worship knew, the police stopped. When he (Mr. Loseby) was consulted, he advised his clients that what they did amounted to holding a procession and that they must plead guilty.

In those circumstances, Mr. on the claim and costs. Loseby offered, on behalf of his clients, the fullest possible apology and an expression of regret. matter elcar to his Worship. The Mr. Forrest in reply to his defendants had applied for leave a procession of two Worship stated that he accepted to hold

thousand people and they were that plen.

Mr. Lindsell then imposed a fine under the impression that a proces- of $50 on Choy Un and $6 each on slon of forty-five people was no breach of the law and in fact were the others.

On hearing this, Mr. Loseby very much surprised when the said he was afraid that his Wor-police stopped them because they ship might have the view that the thought all the time that they defendants committed the act were not guilty of any breach of deliberately. Mr. Loseby thought the law. he had satisfied the S.C.A. that any breach was purely unintentional.

Mr. Lindsell observed that the defendanta had been refused 'per- mission.

future

all. the bencft 'that hundreds of girls will derive here from healthy exercise and, en- couragement of the team spirit.. Girls of the twentieth century are very fortunate. In former gen- erations the enjoyment of fresh air and games appeared to be limited chiefly to boys Croquet and later a mild game of tennis were all that could be allotted to girls.

Mercedes

But nowadays the whole world: of games is open to them. I may

Cecil Lelichs and be addressing the Betty Nuthalls,

Gleitzes of the future.

Girls of the Diocesan School- rejoice in the freedom, the glorious freedom you now enjoy. Make the most of this playshed. Let it at all times be filled with the spirit of good fellowship and good sportsmanship."

And at the same time I hope the bazaar you have organieed will be a great success. I am filled with admiration of the vitality, the many-sidedness of the Diocesan School. I gather that the objects of the bazaar are the feeding of hungry children at Christmas, the

ansistance of the Victoria Home and the equipment of

your Mr. Forrest sald that he would, playground. They are all deserv

I trust they will be personally, be satisfied, with, aing objects. smaller fine. It was a small pro-liberally supported by purchasers, cegston of about forty or fifty and that the harvest from your

bazaar will be a very rich one."" people.

Mra. Southorn then declared the bazaar open,

His Worship accordingly reduc- the'ed the fine on Choy Un to $20.

Mr. Loseby then said that obviously he had not made

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