1930-05-14 — Page 12

12

THE

HONGKONG

ĮPENINSULA HOTEL:

HONGKONG HOTEL: REPULSE BAY !

PEAK HOTEL

AND

SHANGHAI

HOTELI

ASTOR HOUSE: PALACE HOTEL,

HOTELS

LIMITED.

in association with the Grand Botel Des Wagons Lits, Peking.

KOWLOON HOTEL

KOWLOON.

Under the Personal Supervision and Attention of

Phone Nos.

K. 608 & K. 604

Mr. & Mrs. H. J. WHITE.

Cables KoWLUTEL

Hongkong

PALACE HOTEL

Tel Kowloong N. 2.

T Adiran Palace **

A First Chan I wirdental, and Tourut Hotal with all the Con- Cony rani nges of Hume, Under Entirely European Management,

Three minater from Ferry. Families specially Lounge and Hilliard Suonn, es ered for.

Moderateter.

Mrs. J. H. Oxberry,

Propet tross,

EUROPE HOTEL "Renowned by Recommendation"

DANCING:

MUSIC:

GRILL:

After Dinner every Tuesday, Thursday and Saturday.

On

the VERANDAH every Saturday from 12 no n to 1.30- p.m. and every Tuesday, Thurs- day and Saturday from 7.30 to 8.30 p.m.

Telephone, 5341 (8 lines) Cables "EUROPE" Singapore.

THE EUROPE HOTEL Ltd.

Arthur E, Odell Managing Director.

RUNNYMEDE HOTEL-PENANG

"MALAYA'S NICEST HOTEL"....... With beautiful private lawns to the Sea

MODERN THROUGHOUT

Dinner-dance twice weekly

CABLES RUNNYMEDE."

RUNNYMEDE HOTEL LTD...

George Goldsack.

Manager,

For the Best

LOCAL VIEWS

PORTRAIT

and

PHOTOGRAPHS

Go To

MEE CHEUNG

Studio, Ice House St

Branch 7, Beaconsfield Arcade

To-day to Saturday. at 2.50, 5.30, 720 & 9 20,

JACQUELINE LOGAN, RICHARD ARLEN

in

66 THE BLOOD SHIP 99

An unusual drama of the sea with a thrill in every foot of film.

AT

THE

MAJESTIC

NATHAN ROAD

KOWLOON,

Printed and Published for the Proprietors by FREDERICK PERCY FRANKLIN, at 1 and B. Wyndham Street,' In the City of Victoria Hongkong.

THE HONGKONG TELEGRAPH, WEDNESDAY, MAY 14, 1930.

C.P.R. COMPANY'S

LOSSES.

STOWAWAYS ORDERED TO PAY COMPENSATION.

POINT DECIDED.

There being no authority for a Magistrate to order a stowaway to re-imburse the agents of n ship for the loss suffered, Mr.. Whyte Smith,

02

the Kowloon Magistracy this morning, adopted the alternative course of awarding the Canadian Pacific Railway Company compensa tion against seven Chinese who had attempted to evade payment in travelling frem Hongkong to Manila on Thursday last

The men were before Mr. Whyte Smith yesterday, when Mr. King. master-at-arms, applied for an or- der that the defendants, who had a large sum of money on them, to pay the agents of the Empress of Canada, on which ship they were found, the fares to Manila.

His Worship pointed out that he had no authority to make such an order, but adjourned the rase for the prosecution to consult the law

fficers on the point. "

When the case was mentioned this morning, Sergeant Clark said that he had been the Public Prosecutor, who held the same view as his Wor. ship. He exuld not find any author it which entitled his Worship to utilise the stoney found on the Jefendants to pay their passages,

Position Clear.

ARMED LAUNCH MORTGAGED.

ADJOURNMENT NOT GRANTED.

TIME WANTED TO PREPARE

DEFENCE.

NOT REPRESENTED.

An application by defendant for another adjournment in the case concerning the alleged fraudulent mortgage of a launch to Dr. Basto, was refused by the Chief Justice (Sir Joseph Kemp) when the action was resumed in the Supreme Court this morning. His Lordship commented that he was reluctant to shut out a defence but intimated that he might later adjourn the case should very strong grounds for doing so appear,

The plaintiff is Chan Wo-po, | porcelain dealer, of No, 64, Bon- ham Strand West, and on behalf of himself and all other partners in the Po On Company of Canton, he sues Mak Chung-loong (alleged calling himself Ng ly falsely

No. 174. Reclamation Shing). Street. A second defending nam. ed is Dr. R. A. de Castro Basto, opthalmic surgeon of Exchange Building, but plaintiff has agreed to a settlement of the case against him, the terms of which have already been published, * .

His Worship pointed out that the

Plaintif alleges that by Вп position was quite clear. As m

Indenture of mortgage dated xample he said that if one of the February 9, 1929, first defendant, defendants had $25 in his pocket, the Magistrate could say that money fraudulently purported to assign was to be taken and his fine paid, the launch to Mr. Basto. The first but what he could not do was to saydefendant has not and never had that that $25 was to be taken and any right of property in the the paid over to the C.F.R. The point launch and no property in

launch passed to Mr. Basto he could make Wit that order that the defendants pay any

virtue of the mortgage. rempensation up to $100 to any- lady who had suffered loss, and in this case the C.P.R. had sustained loss. Whether that compensation was paid or not, even if the men had money in their possession, he could not make an order that the C.P.R. be paid, '

4421

Mr. King suggested at the de- fendants be asked if they were willing to pay for their passages.

Accuseds' Money.

is

Claim Amended.

MOSQUITO POOLS NUISANCE.

CONTRACTOR FINED FOR ALLOWING BREEDING.

NOT ON HIS LAND.

Confronted with a rather un- usual situation, Mr. A. K. Taylor, Senior Sanitary Inspector of Row- loon, admitted bofore Mr. Whyte Smith, at the Kowloon Magistracy. this morning, that it was difficult to prove a charge brought against a contractor of 61, Aplin Street for allowing mosquitoes to breed on land which did not belong to him,

Mr. Taylor said it was a rather The breeding of difficult case. the mosquitoes was a fault of the defendant, although the land did not belong to him. He was build- ing a house in the distrug and adjoining his site was a rent piece of ground belonging to some- one else, but the defendant. hau left building material on the laud, thus making it impossible for the sun to dry up pools of water in which mosquitoes were breeding. The defendunt was nctually responsible for the nuisance.

After hearing the evidence and referring to the Ordinance, his Worship registered a conviction and imposed a fine of $25.

In another case the owner of a

plot of reclaimed land at Laichi- kok was fined $40 for allowing It was mosquitoes to breed. stated that complaints had been received from the Prison. A fine of $25 had been imposed on the defendant last year for a similar offence.

ment? leit the matter entirely in the hands of Mr. Remedios by before the last hearing because he was my solicitor and was looking after my interests in respect of this case but he apparently had not done anything for me.

+

A

I

will

Defendants refused and still e-

In connexion with this state- fuse to deliver the launch in con- sequence of which plaintiffs claim ment, his Lordship later remark- (1) a declaration that the launched that that might suggest Mr. their property and that no Remedios ought to have done right or interest in it passed to something. There was probably a His Worship added that he did Mr. Basto under the mortgage; very good reason why he did. not suppose it would be any good (2) the return of the launch, to- nothing if what defendant said for him to make an order for com-gether with all documents of title, was true. pensation, as he did got think the licences, permits and all other Mr. Sheldon agreed and said defendants would pay.

documents concerning the boat; that Mr. Remédios would be (3) damages for detention of the witness for the plaintiT.

His Lordship:-Well, I launch and docunients.

This morning the claim was proceed with the hearing of the amended to make it read as subject | case. Should there, at any time. to the mortgage of Dr. Basto. appear very strong grounde, I may Defendant said that since the possibly grant an adjournment last adjournment he had been to later but I am not prepared to do

so at the moment. the country for the purpose raising funds with which to pay

Mr. Sheldon then opened plain- for legal advice. He arrived back tiff's case, stating that an armed yesterday and consulted a solicitor launch was bought for the pur- in Hongkong who told him that the

pose of convoying cargoes of por- time was too short to prepare a

celain between Swatow, and Can- Defendant defence.

therefore asked for an adjournment for two ton, via Hongkong anat it was weeks in order to enable his necessary to have a in Hong- kong to deal with arms licences solicitor to prepare a defence.

customs permits locally, in In opposing the application, Mr. and Sheldon pointed out that the state- order to allow the launch to enter ment of claim was filed on June 7, and leave Hongkong harbour. For 1920, nearly a year ago. Defen- this purpose the defendant, who His Worship nacke

dant had ample time to take any was the launch master's grand- order for each defendant steps he liked. He had not filed a nephew, was engaged and to pay the C.P.R. $25 rom-defence. Also all plaintiff's wit-paid a salary of $30 a month. pensation, or, in default, under- nesses were from Canton.

In reply to his Worship, Sergeant Clark said that six of the men had $100 each, while the seventh had nothing.

Mr. King intimated that the fare

Manila was $15 gold.

His Worship said that that was the fare, but he could pot say that the C.P.R. had suffered loss to that

amount.

Mr. King replied that the men had had to be vaccinated and had to be taken to Manila and then brought back to Hongkong again.

of

Defen-

go three weeks' hard labour, with dant was accused of a fraud in the

Launch Mortgaged.

an additional fine of $25, or another statement of claim which was clear- That arrangement was three weeks' hard labour. If partly a very serious matter. That of the money be paid. it should go accusation was dealt with at the to the C.PR. Grst.

FEW TOW-BOATS ON WEST RIVER.

FEAR OF COMMANDEERING BY MILITARY.

:

Sessions nearly a year ago and if he had seriously wanted to defend the present case he would have done

30.

was

was

made

by the then manager of the Po On Company. Ng Shing, who gave to defendant a power of attorney to deal with all matters relating to the launch. Ng Shing had since died and the present plaintiff now Long Time Elapses.

occupied the position vocated.

On January 25, 1929, a letter Addressing defendant, his Lord-

received from defendant ship pointed out that he (defen- dant) had allowed a long time to asking for a loan of $120. with some people elapse, from June last year, and had which to prosecute not taken any steps in the matter. with whom he had quarrelled but As a result of the hostilities The adjournment on the last occa- this was refused, because on Jan- between Kwangtung and Kwangsi, sion was for the plaintiff to have uary 12 the sum of $160 had been traffic of tow-boats on the West time to produce his witnesses paid to defendant, an advance of Kiver is at a minimum, and, far from Canton. Those witnessea had $100 and $50 to the chief engineer the last week or so. only email come to Hongkong at the expense of the launch. On January 26, the craft have been seen on the River of money and time. If an ad-launch was at Hongkong and the were given New Year's The master of a vessel on the journment was granted it would crew

only be granted от defendant's leave. They left the boat for Can- Hongkong-Kongmoon run i.form-

ton while defendant remained in ed a Telegraph representative this paying all the extra costs.

Mr. Sheldon pointed out that at Hongkong with the launch. morning that when his vessel was the last hearing his Lordship

la consequence of information, her way to Kaukong from Kongmoon and back, not a single allowed defendant to speak, which the master and two partners of was a very generous concession as plaintiff company visited Hongkong tow-boat was to be seen, whereas he had no right to speak then. but instead of the original crew number of them could he Counsel said he supposed the rea-found two Indian watchmen had seen moving up and down the son was that defendant was not been installed. It subsequently river normally.

transpired that on February 9 the legally represented.

launch had been mortgaged to Dr. Basto in the office of Mr. Remedios by defendant as Ng Shing who had received $3,000 from Dr. Bastu.

any

The reason for this state of His Lordship commented that he affairs, it is stated, is that all was very reluctant to shut out a de- tow-boats of good prize have been fence.

commandeered by the authorities Counsel replied he felt it was to convey troops to Kwangsi, with very unpleasant for counsel to ap- the result that those which have pear against a man who was not not been taken by the authorities represented and that was the rea- are now in hiding.

son why he did not oppose the liber. ty extended to defendant in his being permitted to speak Counsel added that he did strongly oppose another adjournment.

JAPANESE DIET.

SPÉCIAL SESSION ENDS ITS BUSINESS.

Tokyo, May 13.

Hearing Proceeds. Replying to his Lordship, defen- daht said that he had evidence in addition to his own but his wit After passing all the Govern-nesses were not present as all his ment Bills, the business of the time had been spent collecting special Session of the Diet ended money in the country. to-night. The formal closing of the Session will be on Wednesday,

Reuter.

Hie Lordship Why did you not take steps before and why. id you wait until the last adjourn

Counsel added the matter was of such great importance to plaintiff because if a boat with arms fell into other people's hands and com- mitted any acts such as piracy the licensees were held responsible by the Canton Government and were Hable to

severe penalties. The name of the plaintiff company was still on the Canton record as the owner of the launch...

On Every Movie List!

RUTH

CHATTERTON

gives the greatest per formance of her career in the sensational all-talking por- trayal of Madame X.

You'll be swept off your feet by this moving drama of a woman in the world of man 1

Madame

Metro Goldwyn Mayer ALL TALKING

AT THE

PICTURE

with

Ruth CHATTERTON

Lewis Stone Faymond Hackett

SEE CHINA'S GREATEST ACTOR MEI LAN FONG

ON NEW YORK'S STAGE

QUEEN'S

LEW

CODY

AND

AILEEN

PRINGLE

WITH

George K. Arthur

in

66

WEDNESDAY TO SATURDAY At 2.30, 5.10, 7.15 and 9.20.

WICKEDNESS PREFERRED"

AT THE

WORLD

FINAL SHOWINGS TO-DAY

At 2.30 & 7,15 Interpreter At 5,15 & 9,20 Orchestra

PASSION AND LOVE!

The Beautiful Princess Olga of "Sorrows of Satan" in a dramatic story of love, set against the colourful background of the Gold Coast!

MIDNIGHT

ROSE

Starring LYA DE PUTTI with KENNETH HARLAN. A woman's fight for a Criminal's Love.

Mr. Sheldon explained that damages claimed were the dif-|| AT THE ference between the value of the launch originally, 39,000 and the mortage money $3,000, leaving

36,000, plus the expenses of hiring another launch, $3,600.

The case is proceeding.

STAR

FINAL SHOWINGS TO-DAY

At 5.30 & 9.20