1935-07-26 — Page 12

THE HONGKONG TELEGRAPH FRIDAY, JULY 26, 1985.

QULLA'S

To-day & To-morrow at 2.30, 5.10, 7.20 ₪ 9.80

JA COLUMBIA PICTURE'

NOTE OUR SUMMER PRICES

$1.10, 70 cts., 40 cts., & 20 cts.

Välter ∙Lang

THE PICTURE THAT DARES TO TELL many intimate truths about love and marriage! Here is a woman's picture that men will cheer -a drama that reaches deep into the hearts of a neglected husband, a luxury-loving wife and a girl who braved the lash of scandal for the man she loved! A six-star studded cast!

AGE OF INDISCRETION

Paul LUKAS

with

BANK TO PAY

HU HAN-MIN'S HEALTH INTERNATIONAL CAMP

4 SHOWS

DANT

1.200...19

NEED FOR FURTHER REST

IN EUROPE

BANQUE FRANCO-CHÌNOISE

PACIFIC AREA YOUTHS

· LOSES ACTION

GATHER AT TSINGTAO The Banque Franco-Chinoise pour le Commerce et l'Industrie are to pay

Canton, July 25.

Hongkong is to be reprosented the

full amount of $307,020.61 According to a member of the in the Fourth International Boys damages awarded against them in Southwest Political Council Mr. Hu Camp at Tsinglao this

Aummer. favour of the Kwong Shing Cheong Han-min, is gradually recovering Mr. Shum Cheuk-kwai, a student Sandalwood Association, Ltd. (In his health under treatment by of Ying Wah Collego, was selected voluntary liquidation) as a result of foreign doctors. Mr. Hu's blood by the Chinese Y.M.C.A. to be re- the decision announced by the Chief pressure which was very high at presentative of Hongkong; and Mr. Justice, Sir Atholl MacGregor, in the time of his departure from Young Wah-chak, secretary of the judgment at the Supreme Court yesterday.

Hongkong is gradually decreasing. Junior Division, Chinose Y.M.C.A., The decision was upon an enquiry covered from insomnia, he, will take Hongkong, Canton, Foochow and Because he has not yet fully re-will lead the representatives of instituted at His Lordship's direction on a not-off amounting to $273,228.67 a rest for a fow months,

Amoy to the camp aboard the which the Bank claimed they had paid i

Concerning Mr. Hu views on the China Navigation steamer Canton, on behalf of the Association.

The action

political situation, it was was brought three month ago, but it was only yesterdayr. Hu will return to work for the by holding a dinner party at the at his pcy remains unchanged. friends gave them a big send-off that is Lordship gave his decision. Incidentally, Hin Lordship was not country at any time if the Central Chinese

Kowloon present in Court owing to indisponi- Authorities forsake their policy of Branch, yesterday evening. tion, and his decision was read out by surrender and make up their mind

This camp is for older boys of the Pulsne Judge, Mr. Justice R.E to save the country; otherwise he the Pacific region, and is to take Lindsell..

will not resume his duties though place at Swallow leland, Tringtao, he will be invited to join the Cen-from August 5 to 12. It is under tral Government after the Gth the auspices of the World's Com- National Press.

Convention.-Central mittee, Y.M.C.A's, Geneva, and the National Committee, Y.M.C.A-s, of China.

Mr. 11. G. Sheldon, Kos. (who is at present away from the Colony) and Mr. Duncan McNolll appeared for the Bank, and Mr. Eldon Potter, x.c. and Mr. F. C. Jenkin, K.C. represented the Association.

naid:

added

which sails this afternoon. Their

Y.M.C.A..

than

The first camp for older boys of In his judgment, His Lordship case of Blackburn Bulking Society v. the Paclic area was inaugurated The last paragraph of the judgment My difficulty in acceding to that pro-100 boys and leaders representing

Cunliffe Brooks & Co. (22 Oh.D. p.81), in 1929. That year, more which I delivered in this action on position is two-fold: firstly that the 13 countries met at Unzen, Japan, the first day of March 1936 read facts of these cases seem to me to be for the first International Camp of follows:-"I direct an enquiry to determine whether any part of the quite different from those which

A second one was held proceeds of the converted orders was here

vas have here to consider,, in that there is the area.

in the Hawaiian Islands, ut relation of debtor and in payment of liabilities of tired for in even the Plaintif An Honolulu, in. 1931; followed by a the Plaintiff Company, and if no

No creditor as between under what circumstances, and to the

sociation and the Defendant Bank third опе in the Philippine extent to which the proceeds were an for I am quite unable to accede to the Islands, at Los Banos, in 1933. applied the prima facie measure of have enunciated above, and secondly four-fold: to give these older boys

first of the two propositions which I The purpose of the camp damages, the face value of the orders, because, whatever rights of set-off of the Pacifle are an opportunity must be reduced.”

the payments here claimed as On the trial of the enquiry so ur-duction of damages may give rise to, to mingle in a happy Christian dered the Defendant. Bank submitted I am unable to agree that any one of

ໄດ, environment while forming three sets of Agures amounting in all them falls within the scope of the friendships; to share experiences, to $273,228.67, by which amount they enquiry ordered in the paragraph of idens, and ideals which will lead claim they are entitled to have the my Judgment which I have already to a better understanding among damages for conversion reduced. cited.

the, people of the Pacifle region;

Mr. Sheldon at the outset of the hearing stated frankly that he was Payment of debts by the Defendant unable to support this contention in Bank, such payments not being from respect of a cheque for $4,000 drawn and paid on December 24, 1936, and the reduction claimed is correspond- ingly reduced.

is

now

to develop a keener sense of the

unity of the world Y.M.C.A. move- the proceeds of any of the converted ment; to create a deeper apprecia- cheques, may give rise to a set-off, tion and realization of Jesus as but no set-off was pleaded in these, the Master of Life. proceedings, and equally it was comi- The location of the camp is petent to the Defendant Bank to prove seven miles east of Tsingtao, one Three Different Payments in the liquidation of the Plaintiff As of the most beautiful summer sociation, but I am unable to hold that resorts in Asia. The camp is on These tables indicate payments of either on the authorities or within three classes made from the funds the four corners of the enquiry order. ; *ቲ promontory overlooking the held by the Defendant Bank for the ed in thin case the Defendants are Pacific and has an excellent sandy eredit of the Hanping Trading Chere entitled to reduce the damages beach which affords splendid and payments amounting to $141.608.30 for conversion by any of the sunix innfe swimming. Nearby are in respect of each

of each item of which the respect of which they now claim. books of the Hongkong anal Shanghai||

Banking Corporation show

A

our-

responding credit to the account of the Plaintif Association,

payments

No Conversion

mountains and forests with benuti. ful temples and landscapeя.

An "After Camp Tour" which

Counsel for the Defendants · have will be under the direction of an of $103,470.29 in discharge of liabili- not been able to bring to my notice experienced Y.M.C.A. secretary ties from the Plaintiff Association to any case of conversion in which the has been planned. This tour will creditors, and payments of $24,260.08 normal measure of damages has been visit different important centres for brokerage on exchange contracts reduced when no set-off has been both of cultural and scenic in- made in the name of the Plaintif pleaded, and

the contrary a perusal terest, and will take two weeks,

Association.

It has not been contended on be. half of the Defendant Bank that all, or in fact any, of those payments were made from the proceeds of any of the converted orders.

The

therefore

of the cases of conversion which have

been cited throughout this litigation covering about 3.000 miles. makes it clear to me that no such Keneral right of reduction exists. In case after case eminent judges have HIGHER IMPORT TAX

спас

been scrupulously careful in ordering such enquiries as depends

In this fundamentally on two propositions:

directed to limit their scope to pay (1) When

ments made from the proceeds of the a customer pays money to his banker the relation of debtor cheque or orders converted. and creditor arises between banker

I

and customer and the money so pald Imposed per incuriam, and whether

Such a limitation cannot have been in becomes the money at the bank, was right or wrong in so doing,

and

(2)

can recover.

Bank's Case

CANTON INCREASES DUTIES ON COCO-NUT OIL

11

Canton, July 25. the Imported Agricultural Pro- Instruction has been given to If one person pays another deliberately limited the scope of the ducts Special Tax Bureau by the person's debt without authority equity present enquiry in a similar way.

Treasury of the provincial govern- intervenes, and to the extent to which! At the close of this enquiry counsel ment that from yesterday import- he has paid such person's debts hej for the Plaintiff Association advanced ed betel nuts. will be charged

in argument the claim to interest on special tax of 10% ad valorem and the amount of the converted orders a surtax of 2%, while a special tax which was pleaded by the Plaintiff of 15% ad valorem with 25% surtax can be shortly stated thus:-The true measure of damages is all that the exercise of my discretion and on all to

The matter is entirely one for the will be charged on imported coco- Plaintiff Association has lost by the the facts of the case I am disinclined Treasury, is the sequel to an appeal This action taken by the tortious act of the Defendants; the to allow interest, Defendant Bank has paid its

Mr. Jenkin in the course of the from the farmers of Klungchow moneys either to the credit of the hearing intimated that it was agreed and Holhow, who strongly com- Plaintiff Association er in discharge by the parties that the amount in plain that the native products of the Plaintiff Association's liabili volved should be increased by $0,280.38 have been handicapped by the low tles, and a person who

the the amount of the converted order prices of imported goods-Wah Habilities of another is allowed the which has just come to light, Leave Kiu Yat Po. advantage of all such payments.

The Bank's case reats on the ap-accordingly.

in granted to amend the pleadings The increase is effected prin- plication to the facts of this case of There will be judgment for the pipally to protect the native coco. the principle laid down in the case Plainti Association for the sum of nut oll producers against the of In re Cork and Yonghal Rly. Co. 3697,020.61 with caste, including the recent heavy import of coco-nut (L.R. 4 Ch.p. 748) and followed in the Frosts of this enquiry.

all at cheaper rates from Japan.

The case for the Defendant Bunk Association. Madge EVANS Helen VINSON May ROBSON David Jack HOLT · Ralph FORBES

•

ow is

TRUE UN TRAM DE HAPPY VALLEY BUS

ORIENTALE

2

DAYS ONLY

TO-DAY & TO-MORROW.

A HILARIOUS FARCE COMEDY ! GOLD DIGGING MARY

COULD CAUSE MORE TROUBLE WITH A SMILE.

*THAN A TON OF DYNAMITE !

HE GLASS 2 FORCE AS POM

CAROLE

LOMBARD

CHLSTEA

MORRIS

GAY

THE

BRID

-ZABU FITTO -

İNAT PENDLETONA

A Metro-Goldwyś SHE KILLED GANGSTERS WITH LAUGHTER. Summer Prices Matinees 20c.-30c. Evoninga 20c.-35c.-55c.

FIRST [SHOWINGS IN}||

KOWLOON

STAR

THEATRE

DAILY AT 2.30, 5.20, 7.20 & 9.20 P.M.

POPOLAR PRICES:

70% 40% 20e. SERVICEMEN 10%.

"A WEEK OF OLD

FAVOURITES"

WE ARE BRINGING BACK TO YOU MASTERPIECES

OF YESTERYEAR THAT YOU WILL LOVE TO SEE ! ! !

DAY

DAY

ONLY TO-DAY 1 ONLY TO-MORROW ***** WHEELER

ROBI WOOLSEY

PICTUES

PEACH O RENO

CHARLIE CHAPLIN

121

CITY LIGHTS

EXTRA! EXTRA ! 3. LITTLE PIGS

DO NOT MISS YOUR LAST OPPORTUNITY TO SEE THESE CLASSICS OF THE SCREEN 1!!

MAJESTIC

THEATRE

TO-DAY ONLY at 2.30, 5.20, 7.20 8′ 9.20 p.m.

GEORGE WHITE'S

WITH

SCANDALS

RUDY VALLE, JIMMY DURANTE,

ALICE FAYE.

· TO-MORROW

CARAVAN

WITH

CHARLES BOYER, LORETTA YOUNG.

A METRO - GOLDWYN – MAYER PICTURE

QUEEN'S

SUNDAY

NOTE OUR SUMMER PRICES

$1,10, 70 cts.. 40 cts. & 20 cts.

JUST OPPOSITE the Dairy Farm's Soda Fountain.

The MING YUEN STUDIO hás removed to the 3rd Floor of No. 6 Queen's Road Central.

DIAMONDS

SOLD AT REASONABLE PRICES. A good selection to choose from. Valuations free of charge. M. BERAHA-Diamond Merchant. Asia. Life Building14 Queen's Road Central Telephone 32661.

Printed and Published for the Proprietors by FREDERICK PERCY FRANKLIN, at 1 and 8, Wyndham Street in the City of Victoria Hongkong.

LAST TWO

DAYS

AT 2.30, 5.10. 7.15

9.30 P.M.

AIR-CONDITIONED THEATREN

HANDLING MEN WAS HER BUSINESS ......... until the

man she loved came along!

BARRYI F ZANUCK

HARRY GREEN JACKIE KELK HENRY TRAVESA

1 PAIL IBARVEY

LOWELL SHERMAN

LORETTA YOUNG

CARY GRANT

BORN TO BE

BAD

ALSO SPECIAL ADDED ATTRACTION MICKEY MOUSE in

PET STORE."

A NEW WALT DISNEY

| LATEST WALT DISNEY'S

“LULLABY LAND"

A Silly Symphony in Beautiful Technicolour.

BOOKING

AT THE... THEATRE TEL. 25313, & 25332.

-----------SUNDAY

"THE MYSTERY of EDWIN DROOD'

CARL LAEMALE PRESENTS?

A UNIVERSAL PICTURE WITH

CLAUDE RAINS DOUGLASS MONTGOMERY "HEATHER ANGEL -DAVIÓ MANNERS ·

THE

WING ON CO.,

LTD.

GREAT SUMMER

SALE

NOW ON

BUY NOW!

EVERYTHING AT ITS

LOWEST POSSIBLE PRICE!