1929-03-13 — Page 2

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THE HONGKONG TELEGRAPH.

BANK LOSES CASE.

JUDGMENT IN EXCHANGE

CONTRACT ACTION.

WEDNESDAY, MARCH 13, 1929.

CHINESE GUNBOAT.

TO SHOW THE FLAG IN

FOREIGN SEAS.

The action brought by the It. Ia learned says the Canton Banque Industrielle do Chino Gazelle, that Admiral Chan Chak, against Tuen Kee Hong, of No. Za, chief of the Naval Bureau, is still Cloverly Street, for $11,554.78 as working on his idea of despatching damages for alleged breach of an a gunboat to show the flag in exchange contract, was concluded foreign seas, and Mr. Yuan Liu before the Chief Justice (Sir kai, his Chief Secretary, has been Henry Gollan) in the Supromo] entrusted with the work of out- Court yesterday, when judgment lining a workable scheme which was given for the defendants with will fret be submitted to the local costs. The chief facts of the caso, City Party Headquarters, and which commenced yesterday week, when approved will be referred to are contained in his Lordship's the Third Party Congress for final

decision. judgment which is given below.

Mr. F. C. Jenkin, intructed by Mr. H. C. Macnamara, of Messra Deacons, was for the Bank, while Mr. Eldon Potter, K.C., instructed by Mr. F. H. Losoby, of Messrs. Rusa and Company, conducted the

case for the defence..

Some weeks ago Admiral Chan Chak submitted this proposal to the Military Headquarters, sug- gesting that the gunboat Felying be sent to the Straits Settlements to display the flag to the overseas Chinese, The Straite Settlements wna suggested as the first place to After Mr. Jenkin had made his visit as the patriots from this final address for the plaintiffs, his locality had always shown great Lordship, in delivering Judgment loyalty and had given great as- said that the contract in question sistance in the work of establish- was dated February 22, 1921 and ing the Chinese Republic. This was made between the plaintiffs proposal was supported by the and the defendants. The effect of Military Headquarters, and re- the contract was that in conferred to the Central Political sideration of the plaintiffs agree Council for further consideration. ing to have at the defondants The forthcoming. National Con- disposal the sum of £10,000 stor gress, however, offers a splendid Ung during the month of July, opportunity to acquaint the re- 1921, in London, the defendants presentatives from all parts of the agreed to pay for that £10,000 at country as well as from overseas ports of the projected scheme, and the rate of 2/6.1/8 to the dollar.

It is confidently anticipated that Until the plaintiffs were called the matter will receive unanimous upon to carry out the contract by support. particularly from the the defendants, the former had to overseas delegates. do nothing, normally. The pro- cedure would have been for the

would be bound to do.

Bank's. Failure.

|

MR. & MRS. ROBSON.

FUNERAL OF HOTEL DISASTER VICTIMS.

There was a largo attendance at the funeral of the late Mr. and Mrs. D. J. Robson, whose remains were interred in one grave in the Pro testant cemetery yesterday after noon. The Rev. Mr. Hewitt, Naval Chaplain, officiated.

CORRESPONDENCE.

WORLD PEACE,

[To The Editor of Honghong. Telegraph.1

Sir-May I be permitted to hare- with draw the attention of your readers to the good work done by the International Correspondenco

THE NURSE SAYS You must Keep 'fit' feel fit!"

to

LET PINKETTES

THE GENTLE LITTLE

LAXATIVES AND LIVER REGULATORS, KEEP YOU FIT AND WELL

Both coffins were placed in one League (Headquartoras-84, Bound hearse, that of Mr. Robson being ary Road, London N. W. 6.), for draped in a Union Jack. From the promotion of universal prese the Monument, the cortege was amongst the nations and countries headed by a firing party from the of the world, through mutual better King's Own Scottish Borderers understanding, by inviting and

That sense of general well- under the command of Regimental facilitating friendly correspondence.

IN Sergeant Major Parkinson and The Lengue has been working Sergeant Barham, a piper from successfully for a number of years being known ee feeling fit the Battalion piping the cortege already, and has now become an largely dependent upon the

integral part of the World Fence gular functioning of the digas- to the cometery.

On each side of the hearse Department of The Theosophical tive and excretory organa. By marched members of the Scottish Order of Service still retaining its correcting constipation," reviring Company of the Hongkong name as the International Cor-daily intestinal regularity, ro Volunteer Defence Corps. Cap respondence League. It is now regulating the liver and aiding #Tory | digeation, Pinkettes restore 'At- K. S. Morrison, Officer Commanding presented in practically the Company, represented Linut, country of the world and the scope ness, cheerincas, appetite, "vim. Col. L. G. Bird, D.S.O., O.B.E., and of its work fa world wide Major Wolfe Murray, Adjutant. Other officers of the company pre- sent were Lieut. Alister MacKenzie, charge of the dotach in ment of the Scottish company, Forsyth, and Lieut. Lieut. Duncan, with C. S. M. Brown and Sergeants Cuthill, Fletcher and Saunderson.

NEW

VICTOR

Since the cause of ware is in the of chemists everywhere, price final end distrest amongst the 60 cents per, "vial, nations of the world, who know not thoir insonorable unity in the One Sacred Life of God, and is based merely on prejudice, misinformation and ignorance of the greatness of cultural achievements and of the high ideals inheront in the members, Immediately bohind the hearse of each and every nation of the was Mr. E. A. S. Hayward, O.B.E, world, the work of the International League in a Naval Store Officer, who is In Correspondenco charge of the department in sympathetic one and should find which the late Mr. Robson was the willing support of one and all employed. Following Mr. Hay- who have the time and interest for ward, who was the chief mourner, making excursions into the worlds were Commodore . A. S. Hill, of thought and ideals of other Commander Phillips, Engineer nations and to study men and Captain, W. H. Mitchell, Surg. women in any part of the world, Lisut. Com. F. G. Hunt and Eng- and no enrich themselves with a ineer Lieut. Com. A. W. Chisholm- deeper understanding and a truer Batten.

appreciation of the different aspects of Divinity as represented by the different nations of the world,

defendants to have offered the held to have ceased to have any local currency equivalent of £10,-effect as against the defendants. 000 sterling to the bank and asked It was quite clearly established by them to pay the money through the authorities that insolvency their Landon office, to a certain itself did not destroy a contract There was a large number of person or persona, which they but it also seemed quite clear that employces of the Royal Naval where there was insolvency, it must Yard as well as others present

A hearty invitation is extended be clearly established on behalf of including Mesers. S. R. Tickner, to all who desire to contact mem the insolvent that he was in a B. G. Quick, H. Barlow, T. L. bers of any nation and country in position to carry out his contracts. Mathian, C. C. Teifer, W. J. Holt, the world, of any sex, age, socupa

In the present саве

what A. J. W. Ashby, S. J. Heath, E. R. tions and in any desired language, evidence they had was that the Robinson, C. J. Marsh, S. L. to communicate either with the insolvent declared he was not in Muglidge, H. R. G. Beer. W. E. World. Seoretary of the I. C. International, Bend- C. Bennett, F. H. Fosse, W. J. P. L'envuo at a position to carry out his un- Blekford, H. W. M. Harrison, K. quarters, International Correopen- tracts.

C. C. Sayer, F. Foale, S.. M. Flegg, dence League, B4, Boundary Rand, W. T. Hughes, C. E. Jones, London, N. W. A. or with the

(from whom WF. Hollands, A. W. Bliss, J. undersigned, Smith, G. T. May, F. Smith, J. H.

On July 2, when the contract had become performable, thu bank's doors were closed. It was quite true that the defendants had ant, up to July 2, called upon the bank to carry out the contract. The evidence was that on July 2, 1921, the sub-manager of the defendant firm Mr. To Cheuk-ki, went to the bank and found the

Witchell and numerous others.

Wreaths were laid on the grave from the following: "Fred" Com modore R. A. S. Hill; Admiralty and Royal

Apecial printed application forms

HERBERT E. LANEPART. Chief Brother for Chinn, Theosophical Order of Service.

RECORDS

FOR

FEBRUARY

# #

TSANG FOOK PIANO

COMPANY.

Defendants' Point of View. The defence had suggested that doors closed with a notice posted the position, so far as the defen

may be obtained), giving gonern up which stated that the bank danta were epagerned, was chang would not carry out its obligations ed. The bank should have noti-

information about themselves and until further notice, and that the fed the defendants of its intention

about the correspondent desired notice had been posted in conse to carry out the contract, other

Permanent address, Country, Na Dockyard Technical tinality, Age, Sox. Occupation, 8, Des Vœux Road, Central, quenco of orders received from the wice the defendants were entitied head office in France.

to consider that the notice of in- Officers Association; Staff, Royal Lanaunge to be used. General or Naval Armament Depot: Chief Breeinl Interesta, Membership in

(Entrance Ice House Street.) The next thing, that hepponed, solvency and the closing of the

Engineer's Office Staff; Com-Associations, if any, etc.) There,

Tel. 0, 1648 uccording to the evidence, was doors still continued and that con- that on July 5, 1921, Mr. To in-requently there had been a breach pradore, H.M. Naval Yard; Civil are no fees or dues, and the par. H.M. Naval Yard; Directing and Thanking you for the courtesy of terviewed the assistant compra of the contract by the plaintiffs Secretary and Cashier and Staff, ticinating in free and open to all doro of the bank. On arriving and the defendants were discharg- European Office Staff of the Naval publishing the above.-Yeurs, etc, at the bank on that occasion, Mr. ed.

Store Department: Civil Service To had stated that only half the Dealing with another aspect of Clerical Association; S. E. E. door was open and the notice of the rase, his Lordship went on to Denartment; All Ranks, Hongkong: insolvency was still posted up say that the contract ceased to Volunteers: Scottish Company. H. Mr. To naked the assistant com operate as from the end of July, K. V. D. G.: Members of Com- pradore about the contract and be 1921. There was evidence that amander of Dockyard Department; replied by pointing to the notice document was sent by the bank, Local Staff, Assistant Accountant of suspension of payments, saying dated July 80, which was delivered Office: Local Clerical Staff, Naval that the bank was unable to carry to the defendants on Augst 8. Store Office; Store Keeping Staff, out their exchange contracts as That document was a gery curious Naval Store Department; H. K. all branches had suspended' busi-one. It professed to be a claim, V. D. C. Canteen, and many others. but it contained very incorrect His Lordship continued that statements. It certainly referred that was the only evidence he had to the purchase by the defendaita as to the position of the bank be of £10,000 but it mis-stated the tween July 2 and 5, 1921. It seem-rato which was to govern the dol- ed he was bound to hold that that lar and also gave the wrong date condition continued unless there of the contract. After that note was some evidence that the bank had been delivered nothing was put itself into a position to carry done for nearly six years. out ita contracts under auch cir cumstances that the contract in question must still be held to have continued in effect,

ness.

Chinese "Boy" Buried.

BOMBING TRAGEDY.

BRITISH OFFICER'S TRIAL BY

COURT MARTIAL.

Peshawar, Mar, 12. Major Harrison, charged with culpable peglect and conduct to the The Chinese "boy" of the King prejudice of good order and mill- Edward Hotel, Leung Kwan, who tary discipline, in connexion with lost his life in the fire, was also the bombing of Indian troops dur- buried yesterday afternoon the ing manoeuvres, has been acquitted entire Chinese staff of the Hotel on the first charge, the Court attending the last rites.

martial reserving judgment on the second.

Judgment, For -Defendants.

Major Harrison, who was in command of the bombod troops, gave evidence that he had no rea son to suspect danger, Reuter.

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Madame H. MORITA. Madame E. AKAJL /'.

METALS

It was quite clear that from which it should be inferred the mere fact of the plaintiffs that both parties to the contract not pressing their claim would treated it as at an end during the not be sufficient to show the month of July.

A message from Peshawar on, On Lan Street; Tel. No. C4395 Insolvency Continued.

March stated. A court martial Cures Rheumatism, NervousNDSS claim

been could not have

over which Brig-General C.M. There was no pleading in reply applied and H at the end of July that the bank in any way rehabi- there was, in fact, a claim by the The only fact which was against Wavstaff presided, opened to-day litated itself. His Lordship said plaintiffs against the defendanta that finding was the letter of July for the purpose of trying Major he had only the statement in the valid in law, mere delay in enforc- 30, 1921. The circumstances of M.C.C. Harrison, D.8.0., M.C., of defence, that the bank was closed tng that claim would not be auf- Its delivery, by whom it had been the 1st Armoured Car Company. on July 2 and a notice of in- ficient to prevent their succeeding prepared and sent out, not having Royal Tank Corps, on a charge of solvency continued right through in the action. The defendants, been explained, it seemed the culpable neglect to the prejudice of the month of July and the plain- however, did not use the long de long delay in bringing the action good order and military discipline tiffs were never in a position, on day as evidence. They had said went to show that during the in connexion with the bombing that having regard to all the facts month of July the contract had tragedy at Jamrud. The bombing on January 23, and three Indian carry out their contract and that which had been proved the clos- been put an end to by mutual accident occurred near Peshawar officers and thirteen other ranks consequently the claim must fail. ing of the doors on July 2, the agreement by both parties.

conversation between Mr. To and His Lordship held that the claim lost their lives. His Lordship went on to say the assistant compradore on July must fail and accordingly entered that there were further grounds 5, and having regard that nothing judgment for the defendants with on which the contract must be had been done; there was evidence costs.

the facts before the court, to

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