1929-07-15 — Page 12

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THE HONGKONG TELEGRAPH.

MONDAY, JULY 15, 1929.

WATER WASTERS IN A COAL COMPANY LOK SUN SALVAGE

COURT.

· PARTNERSHIP.

ONE SAYS WAS ONLY WASHING HIS FEET!

QUESTION OF JURISDICTION RAISED IN COURT.

PROSPECTS.

TAIKOO TUG RETURNING THIS AFTERNOON.

BOTH ARE FINED $10. ACTION WHICH FAILED KAU SING'S SUCCESS.

In charging a Chinese, before

The question of the Court's Mr. E. W. Hamilton at the Central jurisdiction was raised before the Police Court this morning, with Puisno Judge (Mr. Justice Wood) wasting water, Sergeant Wynne In the Summary Court this morn stated that he saw the man freely ing during the hearing of an action washing himself with water drawn for the recovery of money paid from two tape at the No. 3 tank over for the purpose of acquiring at Connaught Road West,

a partnership in a Canton coal Defendant asid that two taps firm. Mr. A. el Arcull!, who rais had been left uncocked, by water-ed the point, contended that 'as carriers, and water was running the transaction was wholly in to waste, so he thought he might Canton, it should be tried by a be doing a public service by turn. Canton Court, but later he waived the point and judgment was given in his favour.

Ing the water off.

The Court falled, to appreciate the ples, and the Magistrate con- victed defendant on the charge, and Ained him $10, or 14 days.

Another Chinese, who was brought up for a similar offence, pleaded that all he did was to have a drink of water, and to wash his feel.

t

He was also fined $10, or 14 days.

In connexion with the preced- ing case, a Chinese was charged with trespassing within the com- pound of the No: 7 Police Station. He replied that he went in to bail the last, prisoner out, but lost his bearings, and ventured a few steps to far into the premises.

A Chinese constable said the man had got as far as the cells and was actually engaged in con- versation with the prisoner, when he was found out.

The plaintiff was Chan Cho-nam, a doctor, residing at No. 130. Wellington Street, and he claimed from Leung Chuk-nin, c/o the Tak Chan Tobacco Shop, No. 360, Queen's Rund Central, the sum of $1,000 Canton currency, equivalent to $703.65 Hongkong currency, alleging that he deposited the money with the defendant for a consideration which failed.

Mr. F. C. E. Rendall Was for the plaintiff, and Mr. Areulli de- fended.

The Invitation.

Mr. Rendall explained that the parties were well known to each other and had and previous Sometime In business deals. June, 1920, they attended a dinner at the Snug Kee Club, Hongkong, both being members, when the defendant invited the plaintif to become a partner in a coal business which he (defendant) A MAINTENANCE CASE. said he intended to start in Canton. At the same time, he invited othera present to become partners. In the venture.

A fine of $5 was inflicted,

MAN ORDERED TO PAY FOUR

DOLLARS A WEEK.

Plaintif agreed to do so and naid over the Bum of $800 In Hongkong notes and obtained a receipt for the equivalent in Canton currency of $1,000.

The case in which & Chinese, of No. 20, Li Tung Street, was sum-

The defendant, said Mr. Rendnil, moned by his wife, residing at No. 46, Spring Garden Lane, for was then carrying on a tobacco continued be- business in Hongkong called the maintenance, was

Tak Chan. The name of the fore Mr. E. W. Hamilton at the Canton coal business was Hung Central Magistracy this morning. Kee, but although the plaintiff When the case Arst came up had made various applications for last week, Mr. Hamilton said that his share book, he had not re- he would make the defendant sup-ceived it and the defendant had perl his wife even if he (his Wor refused to return the money. He ship) had to sell the defendant's understood that the coal company car. "If you don't do as you are

was never actually started. told," added his Worship, "I shall

Giving evidence in support, the have the greatest pleasure in sond-plaintiff said he had previously ing you to prisdn.

become a partner in the Tak Chan

In dealing with the case this

Prospects of the salvage of the 8.8. Lok Sun, which, as reported elsewhere, ran aground on a group of rocks off Samun Inland yesterday morning, will probably be known this afternoon upon the return to Hongkong of the Talkoo tug.

The tug paid a second visit to the ahip yesterday, leaving har bour late in the afternoon. A thorough investigation of prevail- ing conditions is being made and upon the tug's return to Hong- kong this afternoon a decision will be reached regarding possible salvage attempts.

The officere, Captain Edmonson, gether with the entire Chinese Mr. Smith, and Mr. Middleton, to- crew, are still on board the vessel.

There would appear to be little or no danger at the moment of the vessel sinking, only the forward hold being flooded.

Knu Sing's Good Work. ¿

The rescue-tug Kausing reader- ed valuable work in taking off the passengers from the Lok Sun, being on the scene fully an hour before any

other craft renched the vessel.

By courtesy of the Harbour Master, the ilon. Commdr. G. F. Hole, R.N., the following extrácia from the official log-book of the Kau Sing are available;

11

The Kau Sing received message at 2.50 a.m. to the effect that the 3.5. Lok Sun was ashote at Samun Island, the psaltion given being Lat. 22" 30 N. and Long. 114 01 E.

The tug was already under bank

of fire at the time, in case her long to raise steam. She loft emergency, and it did not take the harbour at 4.22 n.m. to go to the assistance of the stricken Lok

Sun.

She proceeded under full steam and was alongside that vessel at 5.50 a.m.

Mr. R. J. Nunn, the officer In charge of the Kau Sing, boarded the Lok Sun at 6 am, and at 7.05 a.m., over an hour later, H.M.S. Somme was sighted,

The work of transferring the passengers of the Lok Sun on to the Kau Sing was commenced at 7.10 a.m.

At 7.45 a.m., the naval tug Poet

morning, his Worship said the def at the defendant's invitation, but Chaucer arrived on the sceno, and

fendunt owned a motor car and was rich enough to support a con- cubine. There were two children of the marriage.

Defendant plended that he had done no business for the last few months and he intimated that he would end his wife back to the country.

can you

he had since withdrawn.

at 8.23 a.m. the tug Talkoo also

Replying to Mr. Arculli, plain-arrived.

denied Lis

that the money was handed over in Canton.

Replying to his Lordship, Me. Rendall said he believed there was another man who could have made parallel claim, but he was dead.

Defendant's Story. Mr. Hamilton:--How send your wife back to the country, Defendant's evidence was to the seeing that if you don't do as you effect, that the money was paid residence in Honam ar told, I shall send you to pri-over at his

Kon?

If

Jis Worship then fixed $4 a week as maintenance for the com- plainant and her two children and, in addition, said she was to live at No. 46, Spring Garden Lane with the defendant's mother. she had any reasonable ground to leave that house, she was to con- sult his Worship on the matter. The complainant was to have the custody of the two children, but the defendant was given free ac- cess to the house.

Saying that the money was to be paid monthly through the Court, starting from to-morrow, his Wor- ship told the defendant that he must pay, or else he would get into trouble.

RELIEF OF WATER SHORTAGE.

(Continued from Page 1.)

day. The total since January 1st

is 24.43 inches, against an average of 44.48 inclies,

Water Through Meters...

In answer to a question by Mr. B. Whylie at last Monday's meet- ing of the Water Emergency Com mitjee, the Director of Publie Work promised to make available figures showing the amount of wa- ter used for industrial and domes. tic purposes by metered consumers in Hongkong and Kowloon,

Those figures, which are for the year 1928, were completed yester doy. They show that 3,924 meters

B are in use in Hongkong, and 3,079

E

R

Printed and Published for the Proprietors by FREDERICK PELOT FRANKLIN, # 1 and 8. ndham Street, in the City of Victoria Hongkong.

in Kowloon. Of this total 1,169 in Hongkong are used for indus trial purposes and in Kowloon 470: There are 2,765 meters used for domestic purposes in Hong Long and 2,600 in Kowloon. Al- together there are 7,003 meters in

and a receipt was given in the same place. It was paid over in Canton 20-cent pieces and he had handed it over to the Hung Kee enul shop. He denied that the money was paid over in the Sang Kee Club, and also anid that the plaintif had not asked for a partnership book.

WHM

Ho continued that the coal business was a losing concern and because of that, no balance sheet inaucd. The Hung Kee censed to carry on business after the year before last, when It was voluntarily wound up.

A witness, who said he was the treasurer of the Hung Kee firm, identified a book as being a share Book of the company which, he sald, contained the plaintiff's name as a partner.

The Kau Sing left for Hongkong at 10.50 a.m. with 475 passengers on board and arrived in port at 11.45 a.m. She proceeded to Kow. loon Wharf, where she deposited all her passengers.

The reports adds that the journeys of the Kau Sing to and from the Lok Sun were done under full steam,

KWANGSI VOLUNTEER

CORPS.

ORDERED BY GOVERNMENT

..TO GIVE UP ARMS.

Canton, July 16. All local Militia, or Volunteer Corps, organised by inhabitants for self defence of their respective ecmmunition in Kwangsi, have been ordered by the new Government at Nanning to bo disbanded and their arms taken by the district magistracies for "safe-keeping."

It is feared that some Volunteera may not follow the order, as some of them have been In existence for years and have Mr. Arculli argued on a special rendered valuable services in time defence that the Court had no of disturbance.

The fallure of the Hunanese jurisdiction, because it was 1

Yunnanese mereenarles purely Canton transaction and and both parties were born Ir recently to dominate the dis Kwangtung He claimed the tricts of Liu-king and Kwellin is matter should be heard before & attributed to the strength of

Volunteer movement. Canton Court, He asked for local

the action to he dismissed Nan Chung Kuo News Service.

that ground and wont

on to contend that the defendant [

had done all he was required to No books had ever been produced do in handing the money over, to the plaintiff, who did not know which had been proved by the de- that the company was ever start- fendant's evidence and the books ed, or that it had done any busi-

ness and gone into liquidation. of the firm.

Point Waived.

No Mischief Done.

Mr. Rendall argued that the His Lordship said it seemed to Court could assume jurisdiction, him that Mr. Arculli had a per- provided it would not do mischief, fectly sound case, but there was as contemplated in the Ordinance, the point of jurisdiction. If. Mr. He submitted that no such mis Arculll wanted a declelon on that chief would be done. The plain-point, his Lordship said he would tiff, he went on, had received no reserve his judgment to consider acknowledgement from the firm it

Was

that he had become a partner and After a consultation with his he had received nothing but the elfent, Mr. Arculli apid he. receipt.

prepared to waive the jurisdiction His Lordship pointed out that point. apparently the other partners| Giving judgment for the defend- use, exclusive of Government acted in good faith, as they enter ant with costs, his Lordship saldi ed the plaintiff's name in their he hold the view that the transac- In 1928: a total of 878 million books, which was the action the tion was wholly in Canton, A gallons was consumed for Indus- plaintif Intended they should partnership was formed and the trial purposes in Hongkong and take.

plaintiff, in fact, acquired an in- terest as a partner which he had desired to do.

meters,"

Kowloon, while 248 million gallons. Mr. Rondall replied that balance were used for domestic purposes.sheets should have been issued.

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