1929-05-29 — Page 2

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THE HONGKONG TELEGRAPH,

CINEMA CASE ENDS

SUDDENLY.

ALLEGED PERJURY BY PLAINTIFF.

JUDGE'S DIRECTION.

WEDNESDAY

tion. The question was that bo was going to build a theatre.but gave the iden up. Then the syndicate came along and they agreed, by the clause, to pay the expenses of making plans for the theatro which he was originally going to build himself.

Plaintiff's answer was to

the effect that by arrangement with the architect, he was to pay for the plan for the four houses.

....

House Plan Theatre.

not

Hia Lordship:-So It does not refer to the old plans of the theatre, but to the erection of four houses which you intended to build on the plot where the theatre nów stande? Yes.

The action brought before the Chief Justice (Sir Henry Golian) In the Supreme Court yesterday, in which Ip Shuf-shan, No. 183, Laichikok Road, Shamehulpo, sued L Lal-shuen and the Ming Sing Cinema Theatre Company, claim ing mesne profits and possession of land, was brought to a sudden Mr. Potter then produced a re conclusion yesterday afternoon ceipt. given by Abs architects, say- when Mr. Potter ended his cross-ing. It was dated January 4, 1927, examination of the plaintiff.. and acknowledged the receipt of $200 being professional feca for the erection of-one cinema theatre. Counsel explained his point was that the plaintiff was regarded by the architects, at some time, as the builder of the theatre, as tho money was paid by the defendante but the receipt was made out in the name of the plaintiff.

After his Lordship had asked Mr. Lo if he proposed to ge on with the case, and the latter had replied he would leave it in his Lordship's hands, he gave judge ment for the defendants with costs finding that the plaintiff was And catopped from claiming ordering the documenta: to be im- pounded and sent to the Attorney General for his consideration as to whether the plaintiff should be prosecuted for perjury.

Answering this, plaintiff stated that the money was, in fact, pald by Li Lai-chuen...

Mr. Potter-Why was the re- colpt given in your name?-Be cause I had given Instructions for the plan to be prepared.

WAS the

The instructions were for a pro- posed cinema theatre. The receipt bays 807--This $200 amount paid to the architect with reference to clauso 2. By arrange ment the architect agreed to accept $200 for the remaining four houses that had not been built, and it had nothing to do with the theatre,

Mr. Hin-shing Lo, instructed by Mr. F. X. D'Almada, senior, was for the plaintiff, while Mr. Eldon Potter, KC, together with Mr. F. X. D'Almada, junior, instructed by Mr. G. K. Hall Brutton, de fended the owners of the cinema, Li Lat-chuen did not appear,

to

by Replying

questions Mr. Potter, plaintiff agreed he gave permlesion to the Ang Sing to put up certain signboards and an

Why does it describe the money electric light on his (plaintiff'a) own wall: When the theatro was as received as professional fees for bullt he thought it was Li Lat the erection of one cinema theatre? Chinese-I don't know why. Plaintiff added chuen's property. The characters on the signs simply it might be a mistako on the part stated the name of the theatre. of the architect. They did not contain anything about Company.

Conflict of Evidence. Mr. Potter asked plaintiff how he reconciled that evidence with the replies he had given proviously, He had then stated he did not ba- lleve that Li'a money built the theatre, or that his money was paying the rent. Did plaintif really mean he believed the theatre was Ll's properly?

Plaintiff replied he had dis- cussed the malter with Li and ho thought the theatre belonged to Li. Mr. Polter put the question again and plaintiff replied that the ground was leased to Li but plain tiff did not know where Li got the money from.

Mr. Potter then referred to clause of the agreement, which was te the effect that all costs in con- nexion with new or old plans of building construction should be paid by the lessees. Why, asked Mr. Potter, was it necessary to put that clause in?....

Plaintiff was proceeding to give a long answer, when Mr. Potter said:-lan't it the truth that you asked the architect to prepare thin plan for the theatre in the first in- stance and you were presumably responsible for it?-No.

Suggestion Denied.

And then you changed your mind and refused to go on with the bulla ing yourself; that this agreement was come to and it was provided that the expenses of the old and new plana should be taken over by the syndicate?-

Plaintiff's Protest.

Mr. Potter then cross-examined plaintiff on what occurred at Mr. Brutton's office when the lease was signed. Plaintiff agreed he had said that he protested at the time against the name of Li Kwan Com- pany being included as it might be a fictitious name.

Mr. Potter: I put it to you that Mr. Bruton'a-conveyancing clerk pointed out that you could not in- sert the name of the Li Kwan Com- pany in the leaso" because it had not then been formed 7-Even as- suming that the Company was in existence, if the name had appeared in the lease I would not have sign- ed it. Plaintiff agreed that Mr. Brutton's clerk did polat the matter out.

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I put it to you that this story about not taking the Li Kwan "LINDY'S" WEDDING. Company at any price did not arise and is all fiction. It is quite untrue and no such question arose ?--I did protest

I put it to you that there was a discussion as to who should be the leaace and as Li Lai-chuen's name appeared in the draft it was de cided that his name should appear In the lease? There was no auch discussion but I insisted on having Li Lai-chuen's name.

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has

Answering further questions, plaintiff said he knew nothing of the syndicate and denied that they

The ceremony nt Eaglewood had approached him for financial help. He agreed that in September was absolutely secret, and was or October, 1926, he saw a pros-held in the drawingroom of the summer home. There pectus of the theatre containing bride's the names of the members of the were no bridesmaids or beatman,. syndicate, including the name of and even the servants were his own rent collector, but he did aware of it. not protest against the building of the theatre.

At this point, Mr. Lo suggested that a Hakka interpreter be called pointing out that the plaintiff's

At this stage, Mr. Potter handel native dialect was Hakka and he was giving his evidence in Can- in an agreed map of the locality. saying he wished to show that the Mr. Potter commented it was men were living cheek by jowl and rather late in the day but his it seems Impossible that he did not Lordship granted the application know what was going on."

Lonese.

and a Hakka interpreter was called. Consideration of Perjury.

When the question was again put

not

The Presbyterian clergyman omitted the word obey from the! usual formula, bat explains that he usually does so unless the in- clusion of the word be requested by the bride and bridegroom. Reuter's American Service,

pounded and sent to the Attorney Mr. Potter concluded his cross-General to consider whether or not to plaintiff in the Hakka dialect, plaintiff answered in the affirma-examination at a quarter past four the plaintiff should be prosecuted ilve.

when his Lordship naked Mr. Lo for perjury. His Lordship pointed out the if he proposed to "o on with the plaintiff had previously said the case by re-examining, plan referred to four houses which he was intending to build on the ground where the theatre stood. and asked the interpreter if the plaintiff quite understood the ques

$ALESMAN SAM

(MIGOSH, IF I HANG ON DAM IS I'LL STARVE TA DEATH,

STILL

AN' IF I LET GO I'LL FLOATING BE KILLED - SHELL

AROUND

CHOICE!

[IN THE AIR}}

AT THE

MERCY OF

S SUMP WHICH HE

LAGSOED

የ . COUPLA DAYS

AGO-

Mr. Lo said he would leave the matter in his Lordship's hands.

His Lordship then gave judgment for the defendants with costs and ordered that the documents be im-

PECK

In his judgment, his Lordship found as a fact that the plaintfit stood by, khowing the defendants to be in occupation of the lot and also knowing that they were spend- ing money on the erection of a theatre. The plaintiff was there- fore, estopped from claiming.

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