1933-11-23 — Page 23

THE HONGKONG TELEGRAPH. THURSDAY, NOVEMBER 23, 1933.

BIGGEST AEROPLANE IN THE WORLD CRASHES IN RUSSIA

LEGAL BATTLE ENDS AFTER THREE YEARS

APPEAL AGAINST DECISION IN CHAMBERS

Judgment was given by the Full | provision in Chapter XIV; sectio Court of Appeal this morning in a 345 to 368, it cannot, therefore, the for litigation inviving about, $130,000 suggested that. the procedure which has been "dragging on In entering judgments, pissuint to any

Profound Shock in Soviet Aviation

Aviation Circles

GENEVA AGREEMENT

ADJOURNMENT · TILL, JANUARY.

PROMINENT AIR

EXPERTS KILLED

SCOPE FOR MYSTERY THRILLER

Russian Embassy In- Washington

Washington, Nov. 20,

GIFT ACCEPTED WITH RESERVATIONS

ROCKEFELLER PARTICULAR ABOUT - PORTRAIT

· Chicago, Illinois. Michael Matsakas, Groek omi- " ́grant "one time dish-washer and navvy, studied painung at the Art Institute of Chicago.

Last year he decided to paint John D. Rockeieller's portrait and

Chambers and open court for three summary proceduren Specially MR. HENDERSON'S ACOMPLETED ONLY TWO The old Royal Russian Embassy spent about three dollars for a

years.

The appeal was against a decision

in Chambers of Sir Joseph Kemp in December last year.

Indorsed rits, can bd here in force

to make, food nick of tirections at this point is, the

The relevant

sections must trend |

butside #hai. Tho

permitted to go

The appellants were Hung Hura-gether and it innert mitant favour ching, and the respondents were Chul Tak Loong Firm, of 20, Des Voeux Road West, and Hung Yu-fal. Hung was added as defendant to the origin

action.

STATEMENT.

The Bureau of the Dis-

the 'interiretation of section 23 which armament Conference met gets rid of the lacuna

In the fi gumene for the-Appellant at "Geneva this afternoon

it bian: pointed out, that when and unanimously agreed

Mr. Eldon Potter, K. C. and Mr. Hice Jment is been given or at that the work of the General C. Jenkin were counsel for appellant er mid

of reformal

"O out a re

and were instructed by Mr. F. H. udgment of is an unustassary

Loseby, Mr. II. G. Sheldon, instruct. | of the

ed by Mr. F. E. Nash, represented the second respondent,

The apical was dismissed.

The action was started in October 1930, when Hung Hura-ching claimed

the return of $110.000, principal and

interest of a money deponit.

direction Commission of the Disarma-

step.7

ment Conference should be the listed postponed until some time in

Code January

The gument for In n support of the Judgingut,

tho

from the correc for Is one anxiety

should

On November 12 a summons for Judgment was taken out and Chat Tak Lang paid into court 889,000 without denying liability,

Hung Yu-fi gun in De restrain Hung Yu-fai iegun in December an Hung Huenching from taking the R money out of court and this WIN granted but in that action judgment was eventually given for Hung the

defendant, in. May, 1932.

A "Formal" Judgment.

+

tirely

I to be the

that the

Mc Arthur Henderson, Presi

that

wore

Any

from

minute of the 28th November, Abão, dent of the Conference, said that.

*formally described as an as a result of the "conversation order not, ne judginent Apart from between the delegates of Britain, this the Respondents Counsel wat France, Italy and United States content that the order so nfade should and that execution shoul flow from made, to conclude a disarmament be considered effective from that date unanimous view was revealed a #promefort should be,

convention. "It was a submission "dopted" common that. Qul Alinis of the formpl

It was suggested by these judgment was at most merely de owera that the meeting of the claratory and that, its reinstatement here would Dave result in the General Commission on 4th Decem

inadvisable as it was relations between the parties Never.ber was On November 19, 1932, a "fornial" theless, the formal judgment should repornised that there were severa

have been not aside not because it was political questions which judgment was drawn up in respect of defective in detall, but because the too' Important to encourage the "judgment" of November 28, 1030 Plaintiff, had obtained an order merely hope of a successful issue and the added defendant took out a

in which the to

codo v

gave an effect premature discussion in. the summons for the setting aside of the equivalent to that of n

judgment forma!

Two days Inter

Chief Justice in the Court below General Commission. The Hung Huca-ching applied for pay-

had declared the minute to be an ment out of curt of the balance of order and the appeal against hin the

on December 30 the S money and

this point should not Chief Justice, Sir Joseph Kenin gare decision on

***** Lanecced. judgment on the various suminenses.

myself 1 nin unable to accept It was on thi judgment that the the constraction on which the learned at this stage be best assisted by appeal was taken.

The Chief Justice. Mr. J. R. Wood, Counsel on both sides appear to be said: "The plaintif/nppellant here agreed. The learned Chief Justice seeks in this append to re-instate the seems to me to have indicated the formal judgment filed on the

17th correct view, November, 1932, and to reverse that portion of the Judgment here appeal ed from which declared that the minute nude by the judge and dated 28th November, 1930, was "Judgment" but an "order."

For the Appellant, it has been con- tended before us tlint the nitnute itself constitutes a final judgment as also does the minute of the Clerk of the Court made on the same day.

With this contention I agree. The purpose of the provision contained in a statement of the stay of execution which are now engaged at Genova section 349 would seem to be to avoid which formed part of the this in bringing the draft convention the necessity of Alling formal judge which it was founded. With this ments and orders in every case. reason, with great respect to the in conformity with amendments

The next step in the Appellant's learned Chief Justice, I do not find which have been proposed. argument is the contention that myself in agreement. It seems to me minute prepared in proceedings under that a stay of execution is in itself section 23 Itself:constitutes-n-judg-{ nh- order-and-operates - ment of the Court.

1101

Further, It was argued that to hold such a minute not to be a judgment Involves recognising the existence of

a lacuna in our practice because no procedure is prescribed by the Code for converting the minute into Judgment.

For

PARALLEL EFFORTS. Meanwhile it has been suggested [that the work of conference would parallel and supplementary efforts between the various with the full use of machinery.

MONTHS AGO.

ACCOMMODATION FOR 129 PASSENGERS

Kharkov, Nov. 22.

on Sixteenth Street, which has moldered behind boarded windows Photograph of the all magnate

trom which to copy, [ns soon as it can be renovated.

Binco 1020, will have a new tenant portrait finished, he sent it

The new Soviet Ambassador will to Ormond Beach, Florida, us a have to refurnish the place as Mr. Christmas present to Mr. Rocke- Boris Bahkemetioff, the last pre-faller last December. It was no- vious ambassador, took with him cepted, with reservations, the furnishings which the Kerensky Mr. Matsakas received the Government Inherited from the following letter from Mr. Rocke- Czar.

feller's secretary:-

"Dear Mr. Mutsakas:

The Embassy looks like one of those haunted castles of grey stone "Mr. Rockefeller is deeply which the mystery thrillers like to appreciative of your kind thought Thirteen prominent Soviet officials, includ-shudder over but there has been in the gift of the portrait of him- ing several of Russia's most expert aeronauts, little mystery there in recent years, self which has just been received: An old White Russian caretaker, also for your honutiful jetter were killed to-day when disaster overtook the who occupied the building for more which accompanied the same,

than a decade, had no excitement! Moscow Government's huge hush-plane.

"Mr. Rockefeller and his friends there, except for the mysterious think it would be an improvement The mystery machine was credited with attack upon the house one dark if the necktie could be brought to night by a movie press agent within different shade of wine, and wo being the largest in the world. It was brush and pot. Police drove him are taking the liberty of sending claimed for the craft that it was capable of away. carrying 129 passengers in addition to the

crew.

The disaster has profoundly shocked Soviet aviation circles. The huge plane was completed only two months ago and had been in the air on her trials only once or twice.

It was constructed largely of steel and was a marvel of comfort. It contained sofas and a promenade to enable the passengers to view the surrounding country. An idea of the tremendous size of the machine may be derived from the fact that even the wings were used for passenger accommodation as well as the body.—Reuter.

NANKING'S BID FOR ALLIES AGAINST

FUKIEN

(Continued front Page 1.)

aituation.

quarters to discuss the Fukien The meeting revealed that the Government were aware of the in- trigue in Hongkong among

the

you the portrait, express prepaid, and one of Mr. Rockefeller'a ties which represents the shade of blue which he has both in the babit of wearing, and if it is your pleasure to add this improvement and then return the portrait, express collect, we will send you our thoughts respecting the picturò as a whole.

"Our friends think that if the lines of the coat were a little more

clearly defined it would help in the general appearance that is a very slight change from what you have at present."

"Vory truly yours,

"N. W. Davia* socossionists before their depar

Secretary." ture for Fuklen and that troopsi There was a posterit: this is are already stationed on the Che- the exact size of Mr. Rockefeller's klang-Fukien frontier. The opin-' tiopin without diamond." It was

states and EFFICIENT BRIGADE. NO CASE TO ANSWER. ion is held that, at any moment, sketched. diplomatic

GOVERNOR WATCHES

DEMONSTRATION

CHARGE OF RECEIVING DISMISSED

joint army and naval operations! Metsakas made the corrections may be ordered.

suggested and sent the portrait Marshal Chiang Kai-shek is back to Mr. Rockefeller as a birth- quoted as saying that he has day present.—Reuter, abandoned all hope of a peaceful

The decision given below seems to

Mr. Henderson added that the me to be right. The minute of the 28th November, 1930, was on order. hope had been expressed that The formal judgment was irregular these efforts should be energetical- for the three reasons already given, ly pursued with B

The high standard. of efficiency view to

A warning to people who buy settlement. namely, its wrong date, its wrong advancing in every possible way attained by the local Fire Brigade things from persons other than Marshal Chiang Kai-shok has LEAGUE OF NATIONS. title, and its wrong statement of the the work which lies before the was demonstrated in the com dealers was issued by Mr. Hamil-ordered the return from Mongolia amount of the judgment debt still

General Commission.

pound of the No. 2 Police Station, ton, at the Central Magistracy of General Wang Shao-hung, the wing on the date of filing.

Wanchal, yesterday afternoon yesterday afternoon, when dismis Minister of Home Affairs. A RADICAL RE-ORGANISATION In the judgment appealed from, the Mr. Henderson will consult with | when the Brigade held its annual ning a churgs against Cheung native of Kwangsl and for many formal judgment was further found the delegates of the conference drill display. The turn-out was Yung-fook the proprietor of the years its military governor, Wang to be bad because it did not include with regard to the

tors, many of whom had obtained No. 31, Queen's Road, committees witnessed by hundreds of specta Modern Photo Sunely Company, Shao-hung has always been close- vantage points on adjacent floors who was charged with having retical parties. The Government Centrally associated with Kwangel poll- ceived a camera, valued at $216, hopes that Wang Shao-hung may. and house-tops,

His Excellency Sir William the property of the Sincere Combe in a position to turn the tide Peel, K.C.M:G., K.B.E., and Lady pany.

¡there in favour of Nanking. Peel were interested spectators,

The Government has instructed

the

on

Judgment. The stay workrom

appear

CABINET MEETING.

go to Wenchow immediately to take command of the naval forces.

SUGGESTED

Rome, Nov. 22. Radical re-organisation of the League of Nations will be discussed by Signor Mussolini and M. Avenol (Secretary General of the League) to-

morrow. Detective-Sergeant Fowlie-suld Vice-Admiral Chen Kwei-liang to It is understood that the dis-amongst others present being Hon;

defendant's armament question was again be. Mr. A. E. Wood, Capt. R. F. Wal that he visited the to run from the date of judgment,

With reference therefore to the fore the Cabinet this morning. ters, A.D.C., and Mr. Chan Mak- shop on information, with a fok! matters argued for the Appellant on The Foreign Secretary, Sir John heung, Chief of the Canton Firo of the Sincere Company. They this appeal I find that he fails and Simon, attended and reported to Brigade, who had specially come waited for defendant to come, and that his appeal should be, so far, dis- his colleagues regarding the con- down to witness the display. nmissed with costs.

versation during the week-end t In the Court below, the learned Genova. British Wireless.

It was conceded that the language Chief Justice directed that an lesue should be prepared and tried. It uppears that this direction is no longer of use to either party and in my opinton this order should be set aside.

of section 23 empowers the Court merely

to allow a Plaintiff to proceed to judgment and execution and that the general practice of the Court is to make an order in terms of the

As regards the Appellant's applica summons, which embodies the words tion for the payment out of Court of the section, and also that the use to himself of money paid in to the of the word "judgment" in the minute credit of this netion, this application under consideration la immaterial. has not been persisted in.

BYE-ELECTION AT RUTLAND

If the acction does not nuthorise the{ The Puinne Judge Mr. R. E. Judge to give judgment in the pro- Lindsell, concurred. reedings, the judge cannot assume the power to give a judgment; and his decision must be interpreted as proceeding within the limits of the section. It was contended, however, that section 23 of the Code, read together with section 319, intends judgment should be given forthwith upon a summons without necessity for further procesa. On this view the minute of the 28th November, 1930, was a judgment and the formal Judg ment fled later was properly datel,; was properly Intituled, and set out

AMERICA'S ENVOY TO CUBA

SUMNER WELLES AT WARM SPRINGS

RUBBER SHARES

LATEST CABLED

QUOTATIONS

Consolidateds Kroewoeks Repahs Tanah Meraha

The main objection to the League, in Italian eyes, is the domination of France and Britain, and the rigid, com- plicated procedure which re- sults in endless talks, com- miitees, and 4 dispropor- tionate weight of influence be- ing given to the smaller coun- tries-Router.

Bureau To Meet.

Gonova, Nov. 22, The question of the adjourn- mont of the Disarmament Con- ference will come before a private meeting of the Bureau this after- noon when Mr. Arthur Hender

Nov. 15 Nov. 22.

$4.90

$4.86

2.60

2.60

.00

.37

.40

.40

son, the Conference President,

1.25

will suggest that the General Com

1.16

.45

.42

mission should be convoked until

42

.39

after the meeting of the Council

of the League on January 15.

.93

.92

**

.

.55

.52

Meanwhile diplomatic negotin-

6.75

6.00 tions will be undertaken in order

then naked him to produce a H. E. the Governor was received camera from the window. This) on arrival by Hon. Mr. E. D. C. was identifled by the foki as be Wolfe. Inspector General of Police longing to the Sincere Company, and Chief Officer of the Fire Defendant told him that he had Brigade, who was in charge of the bought the camera from a man display with Superintendent H. T. who had been introduced to him Brooks and officers.

by a friend of his at the Klug's

The following rubber share An unfortunate accident occur-Theatre. Defendant also produced a quotations were cabled to Messrs. red during the display, a fireman receipt for $42 which he had said Lenjamin and Potts from their being hurt while demonstrating he had paid for the camera. The Shanghai Office yesterday: the use of the "Davy" fire excapo defendant dealt in photographic line. A rope snapped while he gear.

Anglo Javas was descending, but luckily he

Ho Yuen, a salesman at the in. Anglo Dutch Batu Anams had almost reached the ground Warm Springs, Nov, 20.

cere Company; Identified the]

Chemors Mr. Sumner Welles, U. S. Am-le was rushed away in an am-

camera by the number on it, and bassador to Cuba, whose recall bulance, and it was later announc has recently been demanded by cd that he was not seriously hurt. also produced an involee relating Apart from this mishap, all the the camera. He said that it the Cuban President, Dr. Grau

was lost on the night of September San Martin, has arrived at Warm turn-outs were prompt and smart

7. Very little time was lost as the a conference Springs and had

Mr. Horace Lo, appearing for Tehongs CONSERVATIVES HOLD

the up to show with

D. crews hitched President Franklin SEAT

Roosevelt who is staying there various methods of rescue work he defendant, submitted he had Zlangbes for a short holiday. Mr. Welles by means of hook ladders from ao caso to answer. The camera, London, Nov, 22. Lord Willoughby de Eresby, 27. will go to Washington for a few four-storeyed tower and escapes he said, was not a new one.

canvas it propur sum to be recovered under year-old Conservative candidate, days before returning to his post by the ordinary jumping sheet, fennt had not bought it casual-ceived the following cabled

and automatic ly, but had made inquiries. The Shanghal shares: "Davy" fire escapes.

defendant had been told that the international Assurances

Lands Again, It was admitted for the successfully contested the Rut-

as a camera belonged to a man who Docks It is loarned that President What may be rogarded Appellant that the distinction between land bye-election, energing with; an order and a judgment does not a bare 1,500 majority over his Roosevelt kvants Mr. Sumner peculiarly local aspect of fire- had arrived from Shanghai, and Wharves rest upon the view taken as to the Labour opponent, Mr. Arnold Welles to continue his functions fighting work is in the Illustra was in financial dimeuities, and Trams

Ewo Cottons title of the person in whose favour a Gray.

in Cuba and that no change what-tion of a call to a fire supposed wanted to sell it.

Mr. Hamilton agreed and dip-S'hai Cottons judgment is given or an order mado, to issue execution. And it The vacancy was caused by the ever is anticipated in the policy to have occurred in the Ponk dis

as le missed the charge. At the same Langkate. Single was submitted, that where leave death of Mr. N. W. Smith Caring-of the United States in regard to telet, the houso involved,

defendant Explorations to proceed to Judgment and executon, who represented the Rutland the Island Republle in the near usually the case, being inneces-time, he warned the

sible to ordinary motor fire-engin-against buying things from people tion is granted under section 23 mud af and Stamford Division from Oc future: minute has been duly recorded, aftober, 1923.

es and the water pressure avail he did not know. The camera, he judgment (though not necessarily al

able being low. The augmenta-said, must be returned to the Sin- tion.of the water supply in such cere Company. cases is shown by means of a light motor fire pump boosting up the pressure of n portable fire pump.

final judgment) then comes intoj

The results at the polls, to-day

Word:

existence and with iba title to execu- Lord Willoughby (Cone.) 14,605

Mr. Potter, for the Appollant, fur- Mr. Gray (Lab.)

tlon,

ther submitted that the lacuna in 1

the

procedure noticed above is uncurable, Į Since the amendment of section 4 of the Codo in 1911 no supplemental pro cedure can be adopted from English Rules of Practice. that amendment these Rules could be uned to general to fill any gap found exist in our Code. The amendment

to

Before

provided that where any subject dealt

with in the English Rules of Practice

12,818

Reuter.

at Havana.

RUMANIA ATTACKS

Crisis Is "Fathered" on

Quai d'Orsay

Another Escape.

De

Shanghai Bhares.

to reduce the political divergencies Messrs. Carroll Bros, have just re- and Mr. Henderson, the vice-pre- quotationssident and secretary of the Con-

Loans

148.00

will to what extent $0.30 current work will be continued.. 31.00

Mr. Henderson intimated that he 350.00 was prepared to stay at Geneva,

48.00

another fortnight, which suggests' 13.00 the possibility of a Franco-Italian 121.00 compromise with regard to the 18.60 continuation of work. But some 4.45 other delegations favour adjourn- 0.00 ment before Christmas for a short-

perlod.Reuter,

GIRL BITTEN BY ALSATIAN

"DUD" SHELLS KILL

FIFTEEN YEARS AFTER

TURNS INVENTOR.

ITALIAN ADVISEN TO CHINA, DELAYED

Rome, Nov, 22,

latest victim, Svetozar

the Motor Pump Competition Dril}, while Kennedy Town were accend, £50 DAMAGES and, in the Hook Ladder Compati- Damages of £50 and costa for Another interesting demonstration, Kowloon crows took the first being bitten by an Alsatian dog

four places.

were awarded at Croydon County

Belgrade. tion was the use of the new 100-foot

Frizes won in the various com Court to Doris Bucharest, Nov. 20. All-steel Motor Turntable Fire petitions were distributed by H. Tharp-road, Wallington, against 12 seriously injured in Yugoslavia

Clarke (18), of Ning people have been killed and . Following a conference between Escaps. Two fledmen wore posted on the Governor at the end of the the owner of the dog, Miss Jthia year by the explosion, of M. Is Marquis d'Ormesson, French the roofs of two houses some die dieplay. In doing so, His Excel Crook, of Sandy-lane South, Wal-dud shells and bomba loft, over Minister, and M. Titulesco, Foreign tanca apart, and by means of this lancy commended Omeer G. Clington.

after the Great War Minister, a statement was issued new appliance, they were taken Moas, Assistant Station Officer A. It was stated that while out in it in understood that the rea-denying that France had ever down in a couple of minutes. This 1. Cash, Bub-Officer Lau Tak the care of Miss Crook's young Mihailovitch, was fatally injured

Tho the Code, the English Rules shall be son why Capt. Bernardi, appoint meddled in the Internal politics of is the latest in fire-escapes, a tele-kwong, No. 8 Fireman Lau Kau sister, the dog dropped a load it when a shelf he picked up on the deemed not to be in force in the ed na

an aviation udviser to other states and repudiating the phone being included the out and No. 7 Fireman Chun Wong for was carrying and jumped at Doris Gutch Mouuinfo went off in his Court. Before this amendment It Chinn, has not yet left Italy, is indirect charges that France was it to enable instructions to be saving 13 lives in the fire at Nos. Clarke, bling, har elbow, had been not unusual to make a wide that he is experimenting with his somehow connected with the last conveyed from the ground to the 100 and 305 Reclamation Street, une of the English Rules of Practice invention for directing aircraft Cabinet crisis in Rumania. At the present time these rules may

mon working a hundred feet Kowloon, on August. 10, 1033. owing to fright the girl had a ner- He was 'looking for old ammáat- only be applied in matters upon which without a human pilot.

Insinuations to this effect had

A drive-past of the fire appli- vous breakdown, and had to go to tion to dismantle and sell as scrap the Gede of Civil Procedure is wholly The date of his departure has

The Motor Escana Cepitetition ances and motor ambulances after-hospital and afterwards to a con- metal, allent. On the matters raised in this not yet been fixed, and he may been appearing with regularity In

over Drill was won by Mongkok, with wards took place on the Prava, valescent home. She was away appeal, namely creation

When his wife and son rushed- opped of me judgments and orders instead of aviation alviser, in any since the last Cabinet re-shuffle Kowloon "A" taking second place. II. E. taking the saluto from the from school six months and has up he was still alive, but died soon-

and act as the Caproni representative the ultra-nationalist press of the Court, the Code" makesTMTM full | avont—Reutor:

took place,

The latter-team took first place in No. 2 Police Station.

|not yet fully recovered;

is provided for wholly or in part in

above.

The skin was not brokon, but

hand.

after Router: