1935-01-10 — Page 23

Big Claim Against

French Bank

NEGLIGENCE

ALLEGED

MISSING

MANAGER

The case for the Kwong

THE HONGKONG

Campaign For Hawker Pulled

Equality JAPAN FEELS SHE

IS NOT TRUSTED

TRADITION NOT UNDERSTOOD

(Special to "Telegraph")

Officer's Beard

“IT IS NOT DONE” COURT WARNS

SERIOUS VIEW TAKEN

TELEGRAPH.

THURSDAY, JANUARY 10, 1935

MR. KOTEWALL'S QUESTIONS

Colonial Secretary Replies

TOURIST TRADE

COMMITTEE

OFFICER'S

ALLEGED

OFFENCE

(Continued from Page 1.)

orders to the quartermaster to ring the ship's belf every two mlautes. "While I was on the starboard side of the ship the quartermaster came to me and told me that the Chief Officer had stopped him from ringing the ship's "bell. I then The following questions arising went to the wheel house with the An allegation that he had pulled out of the disastrous explosion at quartermaster and Mr. Johnston an Indian constable's' beard

Was West Point in May of last year was standing there. I made when Cheng King was wero naked by the Hon, Mr. R. H. again gave orders to the quarter- charged before Mr. Wynne-Jones, Kotowall at this afternoon's meetminster to ring the bell.. I also at the Central Magistracy this of the Legislative Council, the told the quartermaster not to take morning,, with hawking cigarettes Colonial Secretary replying:

any further orders from the Chief New York, Jan. 9.. Renowing the campaign for without a licence In Gage Street

Omeer.

The Chief Officer was making naval equality, the Japanese Naval and assaulting Indian Constable

703. Attache here, Admiral Yamaguchi,

himself a nuisance by walking in a speech, to-day declared that

Inspector Dredge sald that about

from one side of the bridge to Japan was ambitious for the adop- 4.40 p.m. yesterday the constable houses;

another, and once bumped against He also remaked that (b) What steps have been, or the door. tion of "a new agreement embody-aw the defendant make cigarettes for the sake of peace."

illy Telegraph, Copyright. Telegraphie Moon Shing Cheong Sandalwood Ases Ordinance, 1885. Rective January

10, XP.M.) sociation in their claim for $691,640.29 from the French Bank, was closed this morning and the defence, which will was com- occupy Bomedays, menced.

Plaintiffs are claiming the money orders which were diverted, allegedly by the negligence of the Bank, by the plainti's manager,

ran B Lau Ping, who

dummy Account and used the accounts of the Hon Ping Company whilst con- carrying through exchange tracts on behalf of plaintiffs.

Lau Ping disappeared and the Hon Ping Trading Company of which he was also manager, ceased to cxist in September, 1932, and the present plainti voluntary liquidation.

(a) Whether the gasometers are considered to be suitably placed in their present locations, in view of their... proximity to tonement

Dr. Hu Shih's Criticism

Resented

VISIT TO CANTON NOT ABANDONED

RECEPTION PLANNED

of the

America And World Court

MAY JOIN ON CONDITION

(Special to "Talagraph")

(Dy Telegraph, Copyrighi. Telegraphis Map-

Onlinewer, 1871. Beerivad, Jens

age

Washington, Jan. 9. The Foreign Relations Com- mitten has approved the projected i adherence of the United States to Canton, Jan. 10. Despite some officials resont was announced to-day.

the World Court at The Hague, 11 ment of his criticism Canton educational system, a num-tion added, the strict provision However, the Committee resolu- bor of functiona arranged in honour of Dr. Ilu Shia, any dispute in which the United have been that the Court should not act in including a dinner by the Kwangs States has any claims or interest Commander-in-Chief, General - Lij Chung-yon,

Senator Robinson, Democrat leader and member of the Com A number of friends and repromitte, said the measure would be as due on compradore and cashiering the proposals made in London and sell them. He arrosted de- will be, taken to ensure the proper if he was in charge of the ship sentatives of the Lingnam Unlver-brought to the Senate na pomalád

fendant. Defendant resisted maintenance and the regular he would put two enochors down sity and Canton Graduates' Asso- possible.United Press. arrest, and refused to carry his examination of the gasomoters; for the safety of the ship." He said technical advances pre-bag to the station. The defendast and vented Japan's security under the also tried to escape on the way, (c) What other steps has the old 5-5-3 ratio.

and struggled with the constable Government decided to take with "There is a feeling in the United and pulled his heard. Sub-In- a view to preventing similar dis- States that the affairs of the spector Cheater-Wood happened toasters in the future. Orlent cannot be entrusted to arrive on the scene then, and saw Japan which is based upon a lack the defendant pull the constable's of understanding of our tradition, beard. The policy of the Japanese navy has been to maintain the minimum strength for defence parposes and to fulful her obligations for the maintenance of the general peace in the Far East, and under no Lo circumstances countries," he said,-United Press.

in

Mr. H. F. Phillips proved the documents relating to the transac tions between the Hongkong & Shanghai Banking Corporation and the plaintiffs this morning..

Answer

ciation of the Poking National Continuing his evidence, Capt. University welcomed the dis Talbot said that when the Chief tinguished philosopher and writer Officer went out to the port plat-on his arrival on the steamer form, he closed the wheel house Taishan yesterday morning. door. He went out after about five minutes but could not see him. He (n) Terms have been satisfac- went to the Chief Officer's room torily settled between the Govern- and found him lying in his bunk. Sub-Inspector Chester-Wood saidment and the Gas Company for the The fog did not lift until 6.38 the defendant grabbed hold of the purchase by the Company of ana.m. the next morning. The ship other and more sultable site for carried on to Canton, but had to constable's beard three times.

Defendant: I just happened to the gasometers.

anchor again at 8.38 a.m. The fog the lay my hand on

constable's (b) It is understood that no finally lifted at approximately beard.

special legislation for the compul-12.30 p.m. and the shiji arrived in Sub-Inspector Dredge further gory inspection of gasometers in in Canton at 3.30 p.m. Invade other

tated that there were tears in the force in the United Kingdom; but

H.K. LOSES NO REVENUE

countable's eyes when he arrived at the station.

there was any

DIMINISHING

AUTHORITY?

MOVE TO CONTROL ROOSEVELT

10. pa

Dr. Hu Shih attended a ro ception by General Li Chung-yen at noon yesterday and in the after- noon he was the guest of honour at a tea party given by the tanch- ing staff and students of the Lingnam University. Last night he was the honoured guest at a (Special to "Telegraph") dinner party given by Judge Chan Tat-chol, head of the Canton Dia- ¿De Telegraph, Copyright, Talegridykita? ) trict Court and Mr. Lau Pui- *** Ordimente, 1181. Rurivid, Fouvier, chuon Manager of the South-West "DO WHAT YOU LIKE" the advice of the Home Authoritien

Aviation Corporation.

Washington, Jan. 9. is being sought as to whether In

Witness had a conversation with

Dr. Hu Shib will address the way, RepubNeun, to-day introduct

Representative Allen T. Trent- Mr. Wynne-Jones: You must not view of local conditions auch leglathe Chief Officer and asked him if Chinese Literary Club this morn-Bill to terminate; "President' pull constables' beards. It is notation is desirable here. Jone,

reason why he ing at 11 o'clock. In the evening, (c) No further action has been witness) should not log the in- General Li Chung-yen will be the Boonevelt's authority to negotiate taken in the meantime pending the eldent. The Chief Officer replied, heat at a dinner party given in reciprocal tariffs.--United Press. receipt of a reply to this enquiry. You do what you-wall like" honour of Dr. Hu. This after-

Witness accordingly made an entry noon, friends will take the notable love for Wuchow to-morrow in the ship's log to the effect that scholar to see the recent construc- where he has been engaged to Mr. Kolewall also asked:

speak at the Wuchow Government the Chief Officer had interfered tion worka in Canton, (a) Has the Government under with the safe navigation of the

Dr. Hu Shih has arranged to University.

side the Colony whose contracts of $4 or in default five days' on call in connection with the report

Mr. Wynne-Jones imposed a fine of making Hongkong a port

Government consider, the question | Hiquor.

notes are exempt Further evidence was given by and/or dobit

the first charge. and $15 or ined air service between Canton and Mr.

from stamp duty? chartered E. M. Bryden,

default three weeks for pulling the the United States of America. accountant, who spoke of exchange

constable's board. contracts between the plaintiffs and

local banks involving

Mr. W. J. Waddington, manager of the P. & O. Banking Corpora- tion, desired to give further evidence relating to the crossed cheques which were passed through his bank with endorsements by one person representing two con- cerría.

In that case, said witness, an official of the bank verified to the

(Continued from Page 1.j

Sub-Inspector Choster-Wood said that it was a serious case, because the defendant also struggled with him. The constable only retained the defendant, and

justified been

the value in Hongkong currency of hold on the business carried on, since 1st would have

in

LOCAL AIR SERVICE

bank's satisfaction the identity and January, 1934, to the 30th Juneclouting defendant with the trua-consideration, and, if not, will the shin whilst under the influence of

position of the maker of the

endorsements.

seven

кая

$33,000,000.

Mr. Shoklon suggested that practically all the business done by the plaintiffs except in a few Instancos,

with concerned -exchange speculation.

Witness did not dissent and agreed that all the orders issued by the banks in favour of the plaintiffs represented winnings in exchange transactions. He did not know that 1931 was a period when gambling on the exchange was particularly rife in Hongkong.

OPENS DEFENCE

last, by brokers on exchanges out-

ANSWER

2. The answer is in the nega- tive

QUESTION

to

3. If the volume of the business referred to in Question 2 ascertainable, will the Honourable Member inform the Council what would have been the estimated amount of stamp

foca derivable therefrom the transactions had been able to payment of stamp feer on the scale chargeable to shares of Hongkong Companies?

ANSWER

3. in view of the answer to

In opening the case for defen- question 2. this question does not

dants, Mr. Sheldon said he would deal mainly with the facts and his learned lander, Mr. D. McNeill, would examine the authorities.

Referring to the statement of claim, Counsel said it was alleged that Lau Ping had applied the compradore and cashier orders to his own use, and that defendants know, or but for negligence should

have known, that they were not

Lau Ping's property and that neither he nor the Hon Ping Trading Company, had any right to them.

on

Counsel sald that Lau Ping, as manager of the plaintiffs had authority to endorse orders behalf of plaintiff and it was for the plaintifa to show that Lau Ping was not purporting to know that

that actual or apparent authority.

The much discussed "B". account the second account of the Hon Ping Trading Company-was opened Π a perfectly normal manner and the articles of associa tion of the plaintiff's expressly fald down, that no person dealing with the manager should be concerned to question his authority.

The hearing is proceeding.

WELCOME GIFT TO

UNIVERSITY

arise.

QUESTION

4. In it the opinion of Govern- ment that the operations by brokers in Hongkong on exchange outside the Colony do divert deal- ings in shares of local Companies; and if they do, does not the revenue of the Colony suffer by

reason of the diversion from local

10 foreign exchanges through a diminution in stamp duty collee- tions in respect of share contracts and/or debit notes?

ANSWER

are

cheon.

4

PER CAPITA DEBTS

U.S. BETTER OFF THAN BRITAIN'

Washington, Jan. 9.

of

neas found that the log book and At 8 am, the next morning, wit the ship's articles which he had phreed in a drawer in his cabla. (b) What steps, if any, have were missing. He then got in been taken with a viow to linking touch with the British Consul T- Hongkang with the great airCanton informing him of the loss. routes of the world; and, if the matter is under consideration, when are such connections pected to be effected. Antwer

HONGKONG ATTRACTIONS

Cross-examined by Mr. Cole, witness said that Mr. Johnston was ex-not perfectly sober when he was left in charge of the ship but had had a few drinks.

Mr. Cole: He was not sober, but he was in charge of the shipt Witness: He had had a few drinks, but I considered him cap- able of taking charge.

Questioned by Capt. Muir, wit

Officer were to follow the Fatehan,

(a) The Government has no in- formation regarding this proposal but the matter will not be overlooked should it appear that the reported In connection with foars service is likely to materialisë. pressed since the budget speeching, but the Government is not yetness said his orders to the Chief

CX- (b) Negotiations are, proceed. that the Roosevelt Administration in a position to make a statement. is increasing the public debt in a dangerous degree, officials horo call attention to the fact that the public debt of the United States, including federal, state, city and Arising out of the remarks made county obligations amounts to by two unofficial members at a a total of $48,100,000,000, or $985 meeting of the Council on the 27th per capita of population.

September, 1934, that the advan- Great Britain's pubile debt tazes of Hongkong as a winter re amounts to $901 per capita-sort have not been sufficiently ad- United Press.

FIRE THREATENS TOWN

SERIOUS OUTBREAK IN GRENOBLE

Grenoble, Jan. 9.

Farther questions by Mr. Kote. wall were as follow:

Capt. Muir: Did you tell him to call you in case of bad weather?

Witness: No. But that is a standing order. standing order book?-No.

Cant. Muir: Have you got a

PILOT'S EVIDENCE' Tang Yung, second pilot on the. vertised, will the Government Lee Hong, testified that on the state:

evening in question, the ship sail. (a) Whether and, if so, whated for Canton at 10 p.m. and got consideration has been given by clear of Capaulmun Pass at 10.45 the Government to this matter p.m. when the captain was relieved since that meeting was held; and by the Chief Officer. Witness (b) Whether the Government stated that after the Captain hat will appoint a Committee for the left the bridge, the Chief Officer purpose of suggesting means of also went out for about 10 minutes. giving greater publicity to such "He leaves the bridge several advantages.

times on every trip, and would Answer

sometimes fall asleep in a chair which he keeps on the bridge...."

Mr. Cale objected to this evid

4. Government is not in a position to say to what extent, if any, operations by brokera in

Since the meeting of this Coun- A block of houses in this Frenchell to which the Honourable Mem- Hongkong on exchanges outside town was set niight by a fire which her refers the Government has had ence and submitted that the wit the Colony divert dealings in broke out in a rubber warehouse the advantage of learning theness should confine himself to the Rhares of local companleg.. Share to-day.

views of the Economic Commission I trip is question. dealings and Investments

Witness deponed to accing the on this subject na expressed in an.. The fire In eating its governed by the demand or re-through the block in the centre shortly to ajoint a Committee to graph, changing it from slow way interim report. It is proposed Chief Officer working the tele- quirements of each particular of the town and in

mau with other parts.

threatening investigate the possibility of in-ahond to full speed astern. Wit Buyer or Investor. money to invest may choose as he

creasing the tourist traffic of neas also alleged that after the In spite of the efforts of firemen Hongkong, pleases and buy local or other and volunteers and every piece

Captain had left the bridge, the Chief Oficer called him thy investments as his fancy dietates. of fire-fighting apparatus, it is The revenue of the Colony, how-

names in Chinese. over, does not suffer all con-Reuter.

gaining ground, blazing furiously,

tract notes issued by brokers in Hongkong must be stamped.

QUESTION

in

6. For the benefit of the revenue of the Colony has the attention of Government been directed to the necessity for rectifying on existing. anomaly that while dealings shares of loen! Joint Stock Com- panies are subject to stamp fees certain foreign Companies enjoy immunity from auch taxation?

ANSWER

MANCHURIA MAILS

OPERATING

CHINESE BUREAUX START WORK

NO MONEY TO

GIVE AWAY

BUT STATES CAN BORROW

(Special to "Telegraph")

Tiers, Jan. 10. anger The Mail Transmission Bureaux | 15, 17:30 3«x.) |

•

(le Triegraph. Copyright. Telegraphic area Ordinance, 144, Received, January at Kopeikow and Shanhaikwan

Washington, Jan. 9. were working at top speed this It is authoritatively stated that morning on the resumption of the the Government will cease making postal service to Manchuria,

gifts to states and municipalities

Tank Pak-kin, quartermaster, corroborated Capt. Talbot's evid ence that the Chief Officer had stopped him from ringing the ship's bell every two minutes while It was at anchor,

Yung Ho, Chief steward, astrited that at 11 p.m. on December 28, friend of the Chief Omeer ordered. three bottles of beer and invited the Chief Oficer to have a drink. There were three American anilors on board. Witness knew that the Chief Officer was in the cabin, but did not see him drink.

SUNDAY'S YACHT RACE

PRESENTATION OF EPIDIASCOPE The School of Surgery at the Hongkong University has for some time past badly folt the need of an epidiascope, but has been un- able to meet the cost of one.

The instrument in use at present or contract

The Royal Hongkong Yacht Club has been loaned by a local firm anomaly

Instead, it will lend a portion of and the Navy will all off their Now, however, Mr. Ho Kom-tong whether the company is registered Europe, via Sibtria, and at the four por cent, to states requiring the Navy will be felt, W. G. Cowland Buch attract duty churin and those addressed to the $4,000,000,000 "job fund" at annual Yacht race on Sunday, when has offered to provide one, and, locally or abroad. Transfer fees School will now havo thanks to his generosity, the on shares of companies registered same time are receiving inbound assistance. The states are expect.

abroad are naturally not charged malls from Manchuria. opidiascope.

its own

IN WIRELESS TOUCH

The following ships are expected to be in wireless communicatior with Hong today:-Lyemoon, -Asama Moru," Saxleave. Glittre,

Daviken City of Evansville. Tango Maru, Fulda, Kutsang, President McKinley General. Sherman King- yuan, Helikon Selatan, Holhow, Kongning, Tchekam,

5. If the Honourable Member menna immunity from stamp duty These two bureaux have begun to assiet relief measures.

notce, there is to accepting mails addressed to Man-

#8

The same bureaux will transmit parcels and money remittances to and from Manchuria three weeks from now. Contral Newe.

HEAVY FOG

ed to transfer the relief workery to useful joba. They will have to repay overy cont they borrow.

The Federal Government will supplement state relief work with its own projects.---United Press.

CLOUDY WEATHER '.

modore Frank Elitott, W. G. Cowland and Cmdr. D. Orr-Ewing (Staff), (Tamar), Capt. 1.B.B. Tower (Kent), Capt. Forsyth, Capt. L. D. Caffyn Lieat. L.B. Curgenven (Kont), Pay. Lieut. McMullen (Kent), Cmdr. H.P.K Oram (Bruce), Leut, Crads. M. T. Collier (Oswald), Lieut. W.A.J. Chrp- bell (Kent), Lieut. B. E. O'Brien (Perseus), Lieut. H. G. Walter (Orwald), Lieut. G.C.I. St. B.S. Watkins (Oswald), Lieut. Aldy

Wingfield

on transactions in Hongkong.

it Is Bugumed that in the Honourable Member's questions the expression "dabit note" is weed in its Jocal sense, the term "dobit note" being used locally for ontract note" is used for other cash transactions whilst the term

Shanghai, Jan. 10. than cash transactions., Legally A pea soup fog, the thickeat The anticyclone has weakened (Medway), Lieut. Cmdr. H.V. King

two terms have the

(Odin), Lieut. M.R.G waterfront and the but pressure remains highest over (Odin); Lieut. Cmdr. 9.A. Buss same near the

worst for many years, blanketed the Lower Yangtee Valley. De-Duchess), Lieut. Swain (Duchess), the elty to-day. It delayed traffic pressions are situated to the north Lleut. F.N. Elliott (Diamond), Lieut during the morning, but mail of Shantung and between Tokyo Crur. D. Tod. (Adventure), Lieut. R.C, planes left according to schedule. and the Ronins. Local forecast: Sewell (Hemnes), Lalent, V. D'A -Reuter.

-N.E. winds, moderate; cloudy. Donaldson (Duncan), Con

'ho

meaning.

The Canadian National Raltways' their neat pocket calendars for 1035,

AL

ALNAMBRA

SUNDAY

See Hai LeRoy, Greatest Tap-Dancer, Dance

YOUR FUNNY FAVORITES OF THE SCREEN AS YOUR FAVORITES OF THE "FUNNIES"!

I'M ROCHELLE

HUDSON AS BILLUMS

I'M PATRICIA ELLIS AS MIMI

Harold, Lillums, Shas dow, Pop and all the rest brought to life in a hilarious Jambor>* ee of laughter, song and flaming youtht

I'M HAL LEROY AS HAROLD HIMSELF

| I'M HOBARTA CAVANAUGH AS POP JENKS

HAROLD

also "TEE FOI

TWO" Technicolcu

Mus cal

TEEN