1938-03-25 — Page 19

N

ENTITLED TO WAGES WITHHELD

Employee's Action In. Nature Of Test

Interesting Judgment

Holding that there was an under- taking to refund the cut in salary as

soon as profits were made, Mr. Jus- tice R. E. Lindsell at the Summary Court this morning gave judgment with costs for Cheng Pik-sun in hla clairn for $405,47, being balance of

THE HONGKONG. TELEGRAPH. FRIDAY,

PUBLIC CO-OPERATION IN SMALLPOX FIGHT APPARENTLY LACKING

Dr. S. N. Chau Indicates Several Reasons for Chinese Attitude

"The general impression exists' that the public is not fully co-operating with the authorities in the suppression of small-pox.

"On the other hand, among the masses, there is a wages, ofalost his former employers, feeling of grievance against objections and obstacles which render co-operation with the authorities difficult or impossible."

the China Emporium, Ltd.

previous hear- It was stated at Ings that the action was a test case and might involve a sum of about $40,000.

claim

According to plaintiff, the

of his wages was for 20 per cent. from August 18, 1934, to August 31. 1938, which were retained by the Company on condition that the money would be returned if and when pro- fita were made. Since then, the Company had made profts, and he was therefore entitled to repayment, though he was no longer in their employ.

The defence was that plaintiff was he had been not entitled because dismissed and because the Company had made no profits, in the sense that eight per cent. Interest on the empl tal had not been paid.

Mr. W. A. Mackinlay appeared for the plaintiff, and defendant company was represented by Mr. M. W. Lo.

(rom

1930.

JUDGMENT

These remarks are made by Dr. S. N. Chau in the introduction to a question which will be one of a series to be put to the Chairman of the Urban Council at its next meeting on Tuesday.

SEAFORTHS SAIL FOR SHANGHAI

629 Men Embark

On Troopship

With over 000 soldiers, comprising mainly the 1st Battalion, The Sea- Highlanders, the troopship forth Somersetshire left Hongkong at noun to-day for Shanghal

The Seaforth Highlanders, who ín Hongkong have been

been stationed since

they came East from Palestine last year, will complete the balance of their

Far Eastern service in Shanghai, where they are relieving the Loyal Regiment.

Battalion Somersetshire and men.

strength aboard

totalled 620

the officers

Passengers for Shanghal aboard the troopship also included Major J. M. Smith, of the Royal Artillery.

Some of the objections which are stated to render co-operation difficult or impossible are:

MIGHTIER

BRITISH WARSHIPS PROBABLE

Escalator Clause Likely To Be Invoked

London, Mar. 24. There is reason to believe that

has decided to invoke the Britain, like the United States, escalator clause of the London Naval Treaty in the face of Japan's refusal to furnish details her naval building program-

me.

MARCH 25, 1938.

RADIO

BROADCAST What is Value

The Grand National Relay

From Aintree ·

STUDIO ITEMS

Itadio Programme Broadcast by 2.B.W. on Frequencies of 045 k.c's. 0.52 m.c's. per accond,

0.0-7.0 Chinese Programme. 7.0 Dance Music.

Swing Mister Charlie Fox-Trot (Robincon-Taylor-Brooks); Breakan

in

A Pair Of Shoes Fox-Trot 2. Tho Krokajax from the San Marco and (Washington-Franklin-Stept). Florida Club, London with vocal tria It's Easy To Remember-Fox-Trot (From Mississippi'); Soon-Fox- (From 'Mississippi')....Guy Trot

Lombardo And His Royal Canadians

with vocal chorus.

7.12

Variety Numbers. The trenty requires that a period

Humorous-John Henry's Ghost... of three months shall elapse after John Henry assisted by Gladys Hor- escalator clause has been Invoked before the new tonnage is laid down, ridge; Vocal-A Song Selection....

Lys

Gouly (In French with Orches- and the actual size of the new

tral Accomp.); Harmonica Duct British and American battleshlys Krontjong Successen (Arr. Hodlars); probably will not be settled until Italian Favourites (Arr. Houlars) this period for consultation opent,

.The Hodlars; Orchestra France at present is not anxiong to

The Eyes

The World on heavier battleships embark

On You (From London Me- tonnage, but her final attitude is likely to depend on Germany and lody)....Louis Levy and His Gou- mont British Symphony with vocal Russia.

im-chorus.

The methods of fumigation of houses whereby coolles, Indis-

The Soviet attitude is most criminately and without regard to the feelings of the owners, carryportant, writes Reuter's diplomatie out Their work carelessly and correspondent, because should Mos- wilfully destroy property,

cow decide to increase the size of Eastern battleships for use in Far waters, Germany might feel bound to build up to them, thereby involving an increase in French tonnage.- Reuter,

The dental of permission for relatives to visit smallpox patients, once these pallents are in hospital. The absence of faciles for enquiries by anxious relatives re- garding the condition of patients admitted Into tho Isolation Hospital; it is alleged thai, in some cases, relatives only are permitted to see the patients again

tlac Mortuary,

st

Dr. Chau will ask, as one of his questions, what measures are being taken to remedy the foregoing situa- tion.

"If steps or arrangements have been or are intended to be made, will the Government give full publicity to such brrangements for the informa tion of the public?"

Seven questions by Dr. Chau, relat- ing to the smallpox epidemic which has claimed over 1,000 lives since January 1, Torm part of the agenda.

SEEKING EPIDEMIC'S SOURCE

U.S. SOON TO INVOKE ESCALATOR CLAUSE

Washington, Mar. 24. Mr. Cordell Hull said to-day that he expected recommendations soon regarding the escalator clause as a result of the Anglo-Franco-American conferences, thus indicaing that America would soon Invoke the escalator clause.---United Press.

BRITAIN LOYAL TO TREATY PLEDGES

(Continued from Page 1.)

Are

7.35 Closing local Stock Quota- tions.

7.48 Studio-George Y. Lee (Vocal) and Doreen Ma (Piano).

1. Roses in December....Doreen Ma

2. I I Still Love to Kiss you Good Night....George Y. Lee; 3. Yours Mine, .George Y. Les; 4. I Want The World To Know... Doreen Ma; 5. Stardust....George Y. Lec; 6. Afraid To Dream....George Y. Lee.

8.0 Time, Weather and Announce- ments.

8.03 Frita Kreisler (Violin). Tambourin Chinols (Kreisler): Viennois (Kreisler).... Caprice accomp. by Franz Rupp (Piano).

Relay-Food 8.10 London Thought'.

For

Three short talks on malters of topical interest.

8.30 Studio-Plano Liva Gurevitch.

Recital by

1. Preludio and Fuga in C Minor (Bach); 2. Preludio in B Minor (Bach); 3. Orgel Phantasie in G Minor (Listz-Bach); 4. Sonate Op. 31, Allegro vivace (Beethoven).

8.50 Studio Song Recital by Anna Lovisoff (Soprano) accompanied by Nura Kanis

In his judgment, His Lordship said: In this action the plaintiff, an ex- employee of the defendant Company, which is commonly known as the China Emporium, seeks to recover from the Company the aggregate of certain deductions that were made hia salary in the two years FUN- from August, 1834 to August, Prior to August, 1934, the plain- tiff's salary, as one of the Com- Dany's principal buyers, was $85 per month but in that month a general out of the salaries of all employees was effected in the following ctr- cumstances. In 1934 the business of the Company was not Bourishing On A

of the August 9 at a meeting standing Committee, which is an in- ner council of the Company's Board of Directors, it

Rimsky-Korsakov); it was resolved that the salaries of all employees should be cut on a sliding scale as from August 1, that when the financial position of the Company improved and the busi

showed o profit, the matter should be reconsidered by the Board with new to refunding by instal- deducted from ments the su salaries by way of cut, but that no employee who in the meantime re- signed from, or was dismissed by. the Company should be entitled to share in the refund.

ness

nu.

1st

W/O

BELIEVES PLAINTIFF

of

to

the

'Bold

Bald

"Wagen'--Mozart)

In addition to the question out-relations between Czecho-Slovakia

Arin Kumi (From the opera lined above, Dr. Chau will ask for and the German minority there. A

'Charade Tchaikovsky); 2. Koli-, information on the possible source of solution of the question will probably the epidemie; what steps are being go far re-establish casential belnaya-(From the opera Sadko-

3. Tzvetki stability over an area much wider taken or what steps are proposed to

and (Orlova); 4. prevent a recurrence; information on than that immediately concerned, and

Travoushka-(Fomin), the i accordingly the Government has

9.0 Organ and Choral Music. the existing arrangements for accommodation and treatment

Fantasia In F Minor (Mozart).... given special attention to the matter, smallpox cases; and whether the and has fully considered whether the Organ Solo by G. D. Cunninghaum;

United Kingdom, in addition to

ld Pranet, The

Flute practice is still prevalent of per-

Mogis mitting smallpox patients to choose existing abilgations, should as h

Den Morgen Zu Chinese herbal methods of treatment further contribution towards peace,

....Ave Verum Corpus (Mozart). undertake new specific commitments Berlin Children's Mozart Choir con- in Europe, particularly relating to

ductor: Erich Steffen with String Czecho-Slovakia.

Quartel accomp.; Organ Sonata No. 3 In A Major (Mendelssohn)

.Dr. E. of Bullock playing on the Organ Westminster Abbey, London.

9.30 London Relay The News 9,50 Etrar Concerto In B Minor, Op. 01.

Proceeding to Colombo is Sgt. A. Rowell and Mrs. Rowell of the 8th Heavy Brigade, and to the United Kingdom the following:

Shanghul Area:

Lance Corporal de Lacey (R.W.F.), three detalis of the R.A.S.C., and one de- tall each of the Royal Signals, Loyal Regiment.

Tientsin Arca: Capt. Lyne of the

Battalion,

Lancashire The Fusiliers. notice selling out the ipsissima perbelit they so desire. of the resolution of the Standing | Committee, and that the only notice.In view of the conception among the masses that Chinese herbal seen by any one of them was one methods of treatment are superior to posted at the door of their mess which western methods, will the Chairman, contained no more than a bare state- from the information available, in- form the Council, statistically over a ment of the scale of cuts.

number of

by com- years, the results parison of the two methods of treat- ment?" will I accept the evidence for the plain-

question. bc a further SUPPLIES OF if on this point. I believe that both he and his witnesses were present at

The

recent story, the meeting of August 15 and friction recently existed between the

published in given to understand that the Com-

or Medical undertook, consideration

Department and St. their submitting without fuss to the Ambulance Brigade regarding sup- cut se plies of lymph will form the basis of out, to refund the amounts soon as the Company made a profil the following question:

Mr. Chan The scheme, which was

It is quite clear that Dow to come into operation on August 10, Harr was anxious about the possible was accepted, so far as it was made reactions of the Company's staff to clear to them, by the employees, and the cut-he "anticipated opposition" way confirmed at a meeting of the and I am satisfed that he wittingly whole Board of Directors on Augustsoftened the by liberal promises

of which he may

not have 16.

af renilsed the full It is of some importance to note

implications. view is to some This

ome extent sup- that the refund provisions of the scheme so approved by the Board ported by the form in which the re- and recorded in the minutes of their solution of the Board of Directors is

"Should in meeung of August 16 do not exactly recorded:

future the profit whether tally with the corresponding provi- Company make any sions passed by the Standing Comm-much of little the amounts so cul mittee as recorded in he minutes of shall be restored after due considera- their meeting of August 9. The tion."

On August 15 the General Mana- Ker

Mr. Chan Harr, summoned a meeting of the principal heads of departments including the plaintiff and communicated come, at any rate, of the detalls of the "cut" scheme to them. That he revealed the whole scheme with all its terms is denied by the plaintiff and his witnesses but I shall deal with this point taler.

ACCEPTED SCHEME

pany

ΟΙ

translation of the material part of It follows that the Company, hav- the minutes of the Standing Com-ing given to its employees through its mittee's meeting roads as follows: General Manager an unqualified un- "Should the business

in dertaking to repay as soon as it made Hongkong make any improvement

condition

rovement સ profit and having thereby induced and our Company make any profit in its employees to remain in its the future the Board of Directors vice at reduced salaries, cannot now shall be approached with a request be heard to say that the word "profit" for having such salary cuts gradual- was used and intended to be under- ly restored after due consideration. stood in the particular and limited The corresponding part of the minutes sense of "profit in excess of

the future the Company make any proat whether much or little the amounts to cut shall be restored after due consideration.

str-

sum

the

ely military

that

John

In view of recent complaints in some quarters (reported in the papers) that the supply of lymph to various vaccination centres is insufficient, and in other quarters that there has been gross wastage of lymph, will the Chairman state:

(a) Whether public organisations seeking to

co-operate with the Government in the Vaccination Campaign have been fully supplied with their requirements?

forthwith

to

Played by Yehudi Menuhin (Vio- lin) and the London Symphony; Or- chestra conducted by Sir Edward- Elgar, Bart, O.M., K.O.V.O.

10.43 Chopin Plano Compositions. Mazurken Op. 41 No. 1; Mazurka----

Should wo

assure France that in the event of her being called upon by German - sion in Czecho-Slovakia to imple

Czecho- ment her obligations to Slovakia we would employ full mili- tary force on her behalf? Or, should we declare our readiness fake action to resist any foreible Interference with the independence and integrity of Czecho-Slovakia, and Invite any other of the nations who desire to associate themselves us in such a declaration? "Under either alternative, the decl- Blon whether Britain would find itself involved in war would auto- matically be removed from the dis-National". cretion of the British Government, and this is a

which the position Government cannot see its way to accept. (Lond Ministerial Cheers).

This position Is not one which the Government could see its way to accept in relation to an area where its vital interests are not concerned

with

Op. 60 No. 2....Ignaz Friedman; Nocturne In F Major, Op. 15, No. 1 Nocturne In B Major, Op. B, No. 3 ....Arthur Rubinstein.

11.0 London Relay-The Grand

A commentary on the race from Aintree.

11.30 Close Down.

WEEDING ANNOUNCED

The forthcoming wedding is an- in the same degree us in the case of nounced of Mr. Patrick Ho, teacher, France and Belgium.

Such a posl- does not result from tion

the St. Joseph's College, and Miss Agnes (b) Whether, in view of the Covenant. Hence the Government is

Lee, of 27 Connaught Road Central, counter charge of wastage, it is possible to state what should be

unable to give the prior guarantee | top floor. the amount of lymph given to each

suggested. individual?

BRITISH POLICY PLEASES ITALIANS

(Continued from Page 1.)

of the Board meeting 1s: "Should insufficient to pay 8 per cent. to the secret that the United States Govern- Company's shareholders as required ment regards a clear enunciation of by No. 134 (a) of the Company's Drillsh policy one of the pre- Articles of Association".

requisities for lessening European

FRENCH REACTION

CONFLICT OF EVIDENCE

I hold that the Company is estop-tension-Reuter Special. ped from raising any such point. Nor is there to my mind any merit

leaving the Company's service in in the argument that the plaintiff, by

FAVOURABLE

London, Mar. 25. It is generally fell in Paris that

and war are con-

was communicated to the Company's 1930, deprived himself of all right to Mr. Neville Chamberlain's statement i ed. The conferenco suggelsed woula repsonable balance of armaments

provision of the "cut" scheme.

DEPENDS ON PROFIT

warning to would-be

peace loyal obligations are not alone the repeated serious infringements of involved. It is probable that other non-intervention, but they still con- countries beside the parties to the rdered that non-intervention afforded dispute, would almost immediately be the best means of avoiding a major The Italian conversa- involved, especially in the case of two conflagration.

tlona had been carried a considerable countries like Britain and France."

distance, and their results were full Believes German of encouragement.

Dealing with the British position, Assurances

Mr. Chamberlain emphasised the need Dealing with the Soviet Invitation for the acceleration of re-armament,

especially in the Air Force to a conference of the major democra anti-aircraft defences. Re-nima- tic powers in Europe,. Mr. Chamber-

he said, must have priority ment, lain said that while the Government in the nation's effort. Nevertheless, warmly welcomed any. conference

armaments alone were not A sure representing all the European nations, As to the form in which the scheme

was obliged to recognise that no guarantee of peace, and he earnestly such expectation could be entertain hoped it was yet possible to arrive at employees on August 15 by the Gen- direct con-

Emited eral Marager there

a refund in accordance with the final is a distinct step forward, a severe aggravate a tendency towards theby agreement, instead of free and un-

competition. 18 flict of evidence. The case for the

There was no division at the end he intends to do nothiesora, that establishmeal of exclusive groups,

contrary to which must be inimicul to European of the debate on Mr. Chamberlain's defence is that at the meeting on that date the General Manager rend

As already indicated, I am satisfied French interests and that he is also peace.

speech, and the Bill on which the dis- that the whole scheme was not com- safeguarding the interests of France. out the exnet words of the resolution municated to the

Regarding Czecho-Slovakia, now cussion had taken place, passed un- It is felt that Britain will be on been reproduced in a number of no restriction of his right to a refund and special stress is laid on the pasthe cause of peace.

was the time when all the resources challenged, amid loud ministerial no notice of any France's side in the hour of need, of diplomacy should be enlisted in cheers. tices, опо сору of which

The British was other than the ability of the Com-snge in which handed to

the Premier, departmental pany to make a profit. cách

after

Government does not under-rate the head present in order that he might It is admitted that the Company there were-other causes for which Government observed with satisfac

mentioning national Interest, said assurances given by Germany. The study the scheme and communicate it did make profit in each of the Britain might fight.

tion that the Government of Czecho- years 1933-6 1030-7 as shown in

Sir John Simon, in winding up the The speech has caused profound Slovakia Addressing

Wan

to debate for the Government, said that and oven

Ioven though that profit may have white Geneva regards the declaration "refund" provision in this form is been

of the German minority. more apparent than real it was

Czecho-Slovakia such a profit as to give the plaintiff regarding no more than an undertaking by the right to the refund which was categorical as had been feared. It is help toward the solution of questions was the best guarantee of peace.

Britain was ready to render any must make the country safe by

making

it strong. They belleved this management to have the matter, if the and when the Company's financial promised him in August, 1984

1934.

pointed out that Mr. Chamberlain did likely to cause difficulty between they position improve, reconsidered by

"We are making no threats, but and Czechoslovakian we show, and invite the country to of German were bound by the not rule out British fulfilment Even if he the Board of Directors with a view signed or was dismissed should be on-intervention and the rejection

provision that no employes who re- League obligations. While disappoint governments. In the meantime, show, determination, which is all the

there was no need to assume the more Impressive to the refund by instalments of the titled to claim any refund, I am of intesis initiative, League supporters That would only do harm ogres of

ed at the renewed insistance of non-

Impressive because It uma deducted from salaries during opinion that his right of action ac-

of of force, or, indeed, to talk sobut it. determination of free people. the period of depression.

This polley calls for co-operation crued as soon as the Company's realise that Britain's increasing interfero with tho

from each according the help he On the other hand, the plaintiff balance sheet for the year 1935, strength may prove to be the most diplomacy and increase. the feeling can bring, and we appeal for the and his two witnesses are emphatle showing a pront of, over $50,000 In winting that what they were offered, the years working was published, Slovakla encourage

tranquilising factor in Europe. ¿ of insecurity.

goodwill and help of all. In view of at the meeting was at stund, so soon and could not be defeated by his sub-

Reports from Germany and Czecho-

the ballef that Re-Armament Needs

the issues at stake, we are confident that that goodwill and help will be Wassande stront de allergimit resimation,

Germany will not precipitate a crisis, from that salaries For these reasons, I give judgment but will allow agitation to develop on Spain, and said he was fully alive to Cheere)Reuter.

Mr. Chamberlain then turned to forthcoming." (Loud in Ministerial: political lines--Router,

Standing Committee which had time and that he haplaintiff at any

to his fokis.

is an end of the

a

and

Sir John Simon's Appeal

It this evidence is accepted, there balance shoots for those two years, | satisfaction and much relief in Rome,actical steps to meet- reasonable its polley was that, at whatever cost,

CUSO

its

since the

during the period of depressiosir that for the plaintin, with costs. nongkol them received 19

on

of

the

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