1929-04-11 — Page 10

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THE HONGKONG TELEGRAPH,

A SHARP RULING.

THURSDAY, APRIL 11, 1929.

FAMOUS ARTISTS.

CEILING FALLS.

JUDGMENT DECLARED NULL AND VOID.

TWO WORKMEN HURT IN KOWLOON.

An important ruling concerning procedure in the Shanghai Pro- mado. on

vlatonal Court was

BUILDING DISPUTE."

INSTRUMENTALISTS, SINGERS

AND DANCERS.

ACTION OVER A RETAINING WALL AND HOUSE,

Hi friendship

Saint-Saens,

in connexion with the work.

•

CANTON'S FLEET.

TO FORM THE FOURTH

SQUADRON..

Contral Guỳ.

Admiral Chan has wired to Non-

While the work of demolishing Mr. C. Michael Podali, Mannger of The value of a retaining wall and According to information re- the old houses standing at the Distinguished Artists and Concert an alleged failure of contract in res- teased from Canton naval circles, corner of Mody Rond and Cha-Cours, has made arrangemente for the pect of building a house at Cap Sui, the Caston Naval Fleet andor tho Thursday by the Senior Consul'a tham Road was proceeding yestar.visit of several famous artists to the Mun waro matters which figured in command of Admiral' Chan Chak

Far East in the near future. Thorn ense before the Puisup Judge (Mr. Deputy, Mr. Hasegawa, concern-day the first floor ceillag caved include E. Robert Schmitz, the cele Justice Wood) in the Summary Court to be reorganized into the

afternoon.

Ngai Fook, Fourth Squadron by order of the ing the trial of the murderers of in without warning, bringing brated French pianist; The London String Quartet, the best inusical en-

trading,

s Ngal Fook Kee, No. 88, Central Disbandment: Office, Ad- Mos shot dead at a cotton down a considerable quantity of remulo in the world; The Utica Sai' Young Choi Street, Mongkoktauf, miral Shu Chung-lou, Vice-con M.. Biovez, a Belgian subject, will at which he was employed, masonry and burying two men Jubiles Singers, the internationally contractors, sued Sher Khan, other mander of the Canton Navy, who famous Negro singers; The Marmein wise known as Indian Ah Fook, No. left Canton for Shanghai on to who were working up above. out wages while paying

Dancers, America's most popular 170, Wanchal Road, Wanchai, April 3 will represent the Canton labourers DA New Year's Eve.

The Kowloon Fire Brigade was dancers and famous as the creators watchman employed by the M.Y. San Naval Headquarters, at the con- dispute AS to Considerable

ference to be opened shortly In aummoned and attended with three of the new form of dance art, called factory.

The plaintiff's claim was for $304, Belgian extra-territorial rights machines, the two workamon be- "Drama Dances." occurred in this case. The Deputy's ing extricated and removed to M. Robert Schmitz will be here in being as to $294 balance due for Nanking for discussing problems in regard to reorganisation of the ruling, which contains trenchant tho Kwong. Wah, Hospital. A November. Ife has been acclaimed in materials supplied in respect of criticians of the attitude of the check of the other men engaged Germany, Belgium, Holland and Eng retaining wall and dwelling house naval forces of the country. ¡As judged at the Provisional Court, is in the demolition work, showed land. He is an artist in the highest at Cap Sui Mun, and other work done up official instructions have been

of the wall and house, and received from the respect self-explanatory in this connexion: there were no other casual- sense of the term.

ties.. Considerabla progress with and collaboration with men of the $100 damages for breach of contract (crnment concerning the change, It follows in full;

calibre of Debussy, d'Inky, Dukas, Ravel, Milhaud and Mr. W. D. Owen was for the plain-king, inquiring into the matter, To begin with, this is not a pro the work had been made when the

five many others throughout Europe, be tiff and Mr. A, el Arcull defondod.

in order that the reorganiantion test--not one of those statements collapse occurred. about

Mr. Owen said that an agreement which have as much effect on the o'clock, a start being made on the speak his thorough appreciation of learned Judges as water on a job some days ago. It is under that which is valuable in the works was come to between the plaintiff and of the fleet under his command the defendant on September 7 last may be taken in hand without de- there, is, dotood that the two men were not of the moderna, duck's back, though

The London String Quartet, found Yoar, when it was agreed that the lay. reason why this should be so seriously injured.

In view of the obedience of the ed in 1908, is known from one ond of wall should be built at a cost of $300 But this is my ruling, which 1 The demolition of this property the globo to the other. Ench artist and in addition a house should be authorities in Canton to the order make with due power, and is bind-marks the passing of another old is a poet of string music. They have erected for $400, making $700 alto-of the Central Government, Mar ing on the parties to the action. Kowloon landmark.

made many tours in various countries, gether.

House Not Built..

ehal Chiang Kai-shek hasid It is idle to say, if ever sald, that

structed the Central Disbandment There are two very old blocks More than a hundred now works havo

Certain payments had been made Office to issue the letter of ap a ruling made by the Deputy

on this site and it has been de been introduced and produced by this

on necount of the wall, said Mr. Owen,pointment as soon as possible, and alonu without the Judge's con

The Utica Jubilee Singers have amounting in all to $262, leaving currence is vold. Because where cided to pull them down and unique organisation,

a balance of $48 in

a reply to Admiral this has given the Judge and the Deputy are erect modern flats in their stead, been described as the most outstand-only sitting jointly, if the Judga in- Formerly the houses were flanked ing group of coloured singers of the respect. The house, he said, had never Chan Chak informing him to this on two sides by a grasa lawn and present day. The harmony, sym- been built and that work hand not effect through the Civil Official on passing a sentence to which the Deputy does not agree, with the demolition of bol blocks patky and deep feeling they instil been started because the defendant Department of the National Gov- the latter has an means to stop a large and exceedingly valuable into their singing and the realism and hud afterwards told the plaintiff that rnment.

naturalness of their interpretation of he wanted the house built on dif- it, and it becomes his duty, and building site is made available,

Plaintiff immediately asked about lobody else's, to make such a

The property is owned by the the songs of their people, have met ferent lines by another contractor.

with appreciation everywhere, Spanish Dominican Procuration The Marmein Sisters, Miriam, the materials that had been taken to asked for $200 before starting to moment am I attempting to usurp

danco artist. They have the functions of the learned and tentative plans for a

a large every possible effort to persunde new blocks of modern flats will and varied repertoire of colour and him to take sucks steps as might be erected on the site when it is charm and have drawn from both fan- my part cleared. early plans providing for tasy and reality for the many themes render any action on

But as it will be sixteen houses to face Body Road that form the bases of their dances. unnecessary. seen from what I state below, my and a further sixteen to face Cha- efforts were in vain, and I have tham Road. The new blocks will

afata

SHEWAN, TOMES & CO. ruling as he thinks fit. Nor for a

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Judge in any way. I have made building have been decided. Twarene and Phyllis, are American the spot and the defendant agreed to build the house but defendant refused

simply been forced to make this be four storeys high and it is]A HARBOUR INCIDENTT because there were two parties to the was a verbal ono and that it was re-

ruling.

As Belgian Consular Official. Now, the cute before us is one of the most serious cases that I have ever tried in this Court.

Activity in Kowloon,

dis-

Mr. Arcalis addressed the Court an these points and also argued on the subject that the plaintiff could not sue by himself, but his Lordship also hold against Mr. Arcult on the

Value of Wall.

•

this request. Altogether he had paid pay for them,

Evidence in support of the claim $185 for the work. Ilo had paid the was given by the plaintiff who, when money to both the plaintiff and Lai cross-examined by Mr. Arculli, ad- Tam in small sums, mitted that he had a partner in the A witness for the defence stated? deal, Lai Tam, who introduced the that the wall had not cost more thap work,

3100. Mr. Arcul then submitted that His Lordship held that the contract

likely that they will mark a

one side of the contract, the plaintiff scinded by mutual agreement. tinct advance in residential ap- FERRY PASSENGERS HAVE Ä could not suo by himself. artments.

LITTLE EXCITEMENT.

Re-examined on this point by Mr Owen, plaintiff auld that he offered One of those little ineldents which to take Lai Tam as a partner, but as Meanwhile work is proceeding help to brighten the passage across he had no money the offer was not The principal charge against the apace on a similar but smaller the harbour occurred during the tiffin taken advantage of, se plainda em- flatter point.

alte on the other side of Mody hour yesterday in full view of passen ployed Lai Tam ns a foreman. La!; accused is that of a most brutal Road and in about six months gers on at least two crowded ferry Tam was not a partner,

Only One Contract.

In asecusing what was due to the murder of a peaceful Belgian another large block of flats will boats,

A launch was towing a sampan.

plaintiff, the retaining wall was dis- subject, and at the request of the have been completed overlooking and a number of logs down stream. In opening his défence, Mr. Arculll cussed, 'his' Lordship remarking he Belgian Commul-General I am slt-

the harbour. Excellent progress On the logs were standing two men, said that the two amounts, $300 and thought it was worth the $800 claim- ting in the capacity of a Belglanin also being made with the Ho apparently enjoying the trip. Sud- $400 were one contract and not two. d. To this Mr. Arculli disagreed,. Consular Official. At the close Tang building at the corner of denly, one of the plcers of timber As it had not all been performed the pointing out that his Lordship had not seen the wall and suggesting of the hearing it was found that Nathan Road and Jordan Road, became detached and the attention of defendant was not liable.

His Lordship pointed out the plain-that a Government scale would ba the learned Judge and I did not these enterprises demonstrating the ferry passengers was attracted

vecful, agree as to the sentence to be the demand for superior residen by the shouting and gesticulations of tiff's case was that the work was passed and Lo my surprise

the unfortunate fellow on the drift- stopped at the defendant's request. tal accommodation in Kowloon,

Mr. Arcull replied that the defen- ibe Belgians had no extrater-

ing log. It was some little time be ritorial, rights and consequently At other parts of the Peninsula fore the launch coxswain's attention dant never asked the plaintiff to cease the learned Judge was of opinion there is a good deal of bullding was called to what had, occurred, by work but he stopped himself

According to the defendant's story, mere Deputy case. activity, notably in the Kowloon which time the log was some distance the work was one contract. He want that this was

Upar approaching the President City district, Numerous blocks away drifting in another direction, ed one foot of cement concrete at the of Chinese tenement houses are The Inst the forry passengers saw of base of the retaining wall but only

of the Court. I found that he was

ia Lordship finally recalled the percentage of profit, after which ho plaintiff and questioned him as to le BECsed the value of the wall at $270, Mr. Areulli remarking be was con- vinced that that was far 140 much. After dealing further with figures,

had not been started. The plaintif | no damages,

of the same opinion on the ground in course of construction along the incident was the launch turning Ave inches of such cement had been hin Lordship gave Judgment for the

Edward while on round and making is way back Nathan Road the new Telephone rescue log and man. Building has been completed and further along a number of works are in progress.

new

difference of opinion, viz., the learned Judge holds that this is not, a joint hearing case.

Judgment Disagreed With.

Government that the Belgians lost their extraterritorial rights and he had since received no instruc- tion from his Government to the effect that the Belgians regained those rights. I asked the Pre- sident whether he know that a new Treaty had been signed and ratified

China between

and Belgium. He said that he knew it but that he could not take judicial nolieg of the Treaty until In view of this peculiar unpre- he was instructed to do so by his cedented difficulty as aforesaid, it Government. I requested him to is only fuir, and the only thing to communicate with his Goyern be done, that the judgment should ment to ascertain whether the be reserved pending the settle- ; Belgians sec extraterritorial ment of the dispute. In spite of this rights or not. But he refused. my repeated requests, Again suggested that the case, measure was rejected, and the should be remanded pending the learned Judge has delivered judg settlement of the question. This ment to which 1 do not agree. was also refused, and it was Therefore, I do hereby most re- claimed that as the hearing had luctantly make the following already been closed there should ruling, namely: be no delay in the delivery of judgment, and that as this was a mere Deputy case I was only to protest if I did not agree with the sentence,

►

Extraterritorial Privileges.

(1) That the execution. of the Judgement which the learned Judge has just delivered shall be sus penied pending the settlement of the question whether Belgian sub. jects have extraterritorial rights or not.

(2) That in the event of the enjoyment by the Belgian subjects of extraterritorial rights on this day being proved, the said judg ment which has been delivered without my concurrence shall be declared null and vold, and the case shall be re-tried by a Judge

It is an overt fact that a Pre- liminary Treaty of Amity and Commerce was signed on the 22nd November, 1928, and the ratifications were exchanged on the 28th February, 1929, between Belgium and China. According to Annex 1 to that Treaty it is clear that the Belgian subjects enjoy extraterritorial privileges Ali a Belgian Consular Official or in this country at the present time. But the President of the Court and the learned Judge deny this.

Deputy sitting in such capacity,

(3) That the period for appeal shall run from the date on which the aforesaid settlement shall have been reached, if the settlement be in favour of the Chinese side, or from the date of the renewed dement, if the settlement is in favour of the Belgian side.

It seeme that a point of vital importance is at issue. But I shall not go into detaile, since it Is not my direct concern whether the Belgians enjoy extraterritorial Tights in this country or not. That in a matter to be decided (4) That in the meanwhile the between the two Governments con- Police shall keep all the accuend cerned, I am not in a position to in custody, except the 4th and 7th dofend elther the Belglun ́or the serused. Chinese alde. I am sitting on the Bench only on the understanding that the Belgians have extra- territorial rights, and that under $500 and $1,000 in shop security atanding is now in disputo.

respectively.

(5) That the 4th and 7th accus- ed shall be released on a 'ball of

Whore a Deputy is silling I feel sorry for the prisoners at Jointly with a Judge, In the the bar that they should thus be capacity of a Consular Official of kept in suspense. But it is none a third nationality, If the Judge of my fault, and I shall only hope and the Deputy do not agree as for a speedy settlement of the to the sentence passed, the usual dispute...

practice is to reserve the judg-

Japanese

(Sd.) S. Hasegawa,

Vice-Consul and

ment and remand the case for a Consular Offeful of such third nationality. In the present case.Senior Consul's Deputy sitting on however, I cannot follow the usual behalf of a Belgian Consular practice, since there la a further. Offefal.

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