1938-12-02 — Page 3

APPEAL DISMISSED

Film Company's Claim

For Damages

The Full Court yesterday dismissed an appeal against a $17,500 judgment given early this year. The appeal was heard by the Acting Chief Justice, Mr. Justice R. E. Lindsell, and the Acting Puisne Judge, Mr. Justice E. H. Williams.

Mr. Ng Pak-to, proprietor of the, which is patent and of which

sequences

THE

HONGKONG

Refugee Children

Kindergarton Classes

At Victoria Gool

Young The Chinese

Women's Christian Association are conducting kindergarten classes for refugeo children at the Victorla Gaol Re- fugee Camp.

The children who are divided into four grades, and are taught simple arithmetic, reading, writing, drawing,

singing, handwork, hygiene and general knowledge. Once a fortnight the they are taken out for a short hike

for or a plenic. The teachers are of the Y.W.C.A.

TELEGRAPH, FRIDAY, DECEMBER 2,

CHRISTMAS MAIL

Extra Plane Arriving At Kai Tak To-Day

The Christmas rush at ulr mall has started to Hongkong, for the Im- perial Airways plane Delphinus is a special trip from due to reach Kal Tak at 1 p.m. to-

day, making Bangkok.

an

1938.

Library, Supreme Cours

TO-DAY'S RADIO

ZBW, 355 metres (845 k.c.) and 31.49 metres (9,520 kilo-cycles) Radio Programme Broadcast by Miss Ma Si Kui (Piano) | Three shor! talka

Z, B. W. on n Frequency of 845 kc's.: and on Short Wave from 6-11 p.. on 0.52 m.c's. per second.

H. K. T. 0.00 Dance Maslo.

From the Studio

“LA BOHEME,” ACTS 1 AND 2

topical interest.

0.20 Ballads,

on matters of

Bless Thla House (Braho); Soul Of Mine (Barns)...Essie Ackland (Con- tralto) with Organ; Les Millons

Fox-Trots-Free (from 'O-Kay for Anything Goes)....Maurice Win- D'Arlequin-Serenade (Drigo) .... Sound'); The Fleet's In Port Agoinnick and His Orchestra; Comedy Murray Stewart (Tenor) with instru

The Delective

mental Accomp. (from O-Kay for Sound')....Jack Sketch-Sandy

and

His Orchestra with vocal (Powell-Thomson)....Sandy Powell Hylton

Vocal-Tinkle, Tinkle, (from chorus: Fox-Trot-Three Won't Be anul Company; Any Spring

(from The Flying Tra- Tinkle; Over My Shoulder

en); When You've Got Waitz-Marie Louise (from

#Vergreen');

Springtime In Your Heart

9.30 London Relay-The Nervs. 9.50 Puccini's "La Boheme" Acts 1 and 2.

Sung by Rosetta Pampanini, Luba

peze'); W Tencze')..Eddie Carrolyzate (Evergreen'). Jessie Matthews Mirelin, Luigi Marini, Gino Vanelll,

Two more planes are expected toying with vocal

to-day

The plane Delia lended at Kul Tak weight. The mail of 670 kilos Central Theatre, unsuccessfully ap- purchaser la as good a judge as the voluntary workers and are members at 3 p.m. yesterday with the delayed pealed against a decision Elven on maker it is clear to my mind in that February 22, by the Chief Justice, ease the maker is not bound to point

At the old Government Civil Ios-Delphinus hopped off from Bangkok Sir Atholl MacGregor, in favour of out the defect to the purchaser. I

is 300 kilos of mail aboard, the Unique Film Production Com-think it would be a very mischievous pital Refugee Camp there are not yesterday afternoon and made

thing if it were so, because if he was only similar kindergarten classes, but overnight halt at Ventione. There

he also handwork classes for girls and pany, un points of law.

bound to point out the defect

bring mull to Hongkong on Saturday The Unique Film Production Com- would be bound in safety to point women. To keep them profitably their leisure hours, the employed in pany had sued Ng Puk-to, claiming out anything which might be con Association members teach

them afternoon, and two planes, the Deila und Daedalus, are scheduled to hop $17,500 damages for breach of con

off from Kai Tok at dawn tract by failure to exhibit the talkingsidered a defect. We know the con- knitting, basket-work, quilting and

ces of that. If the maker dress-making. picture "Tuk Mul Kwal," (Polsone says, for prudence sake, I point out

The Y.W.C.A. is very grateful to with the outward mall and passen Rose). Judgment for the plaintiff's so and no to you, but I do not think on the clalm and counter-claim 10 them defects, the purchaser would members and friends who have don- ated money, food and clothing to its gether with costs, was then given.

say, 'Here is something wrong and war-ume Social Service Department

an abatement made,' Mr. Eldon Potter, .c., instructed must have by the Hon. Mr. M. K. Lo, appeared That would be a very inconvenient for refugee welfare work. for the Unique Film Production rule which should have nu existence."

C. Mr. H. Company,

whilst

"You are not colled upon, Macnamara, Instrueled by Mr. W. Atended Mr. Potter. "fo frighten your Mackininy, appeared for Ng Puk-to purchaser by pointing out something yesterday.

which you do not think a defect, but which he may think is one."

Wild

No Judgment Applicable

con-

objection to a contract under such circumstances.

Shortly after the contract was en- tered into, he continued, his clients found that they were being threaten- ed with proceedings. On these facts it was a duty devalving on the other party to disclose what it knew. The Unique Film Company was not the only available film company, and it the appellant had known of the claim exercised he would certainly have his right and chosen another com- pany or film.

Mr. Justice Lindsell: Do you say

that you did not get the performing rights on certain speelfled dates?

Mr. Mucnamara: I say that we get them only subject to a threaten- ed claim for damages.

Mr. MaenamuNI argued on the points of law arising, and declared

In the words of another authority, that it was the duty of the United "ordinarily the failure to disclose a Film Production Company to disclose material fact which might influence to Ng Pak-to that there had been the mind of a prudent contractor third party clairn on the film, before does not give the right to evade a the contract

made for the contract." This, Counsel went on, screening.

was an ordinary contract; so where By buying or hiring this alm, he did the duty arise to disclose a fact? declared, Na Pak-to also hired the lawsuit. It was but right that Ng Pak-to should have been told that

In a general reply to the cases claim had been made. If he had known of this claim, he would not cited by Mr. Potter, Mr. Macnamara have signed the contract. In the contended that no judgment could

Assuming you had gone on, and circumstances, Mr. Macnamara debe accepted as directly applicable to

have this particular ense. It must be con- that the claimant had carried out his cleared, the contract should

sidered on its own facts, particularly threat and established his right to as the law governing film rights was the film, you would have been enlill- Mr. Eldon Potter submitted that not in such a satisfactory conditioned to be indemnified by the the only point brought forward was

was, sny, the law governing the sale pondent for whatever loss you had that if an adverse claim was made, of goods. should thin cinim be made known? The film producing company, he At the time the contract was mude stated, had a good title to the film, the respondents knew of a claim and because some other person chose pending, which might have a serious to make an adverse claim, there was effect upon the appellant, and should no call on them to make this known have disclosed its existence. Had and thus lose the contract. "They the appellant known of the claim he had a good title," he added, "which would never have entered into the in fact has never been disputed. contract. There is no duty to disclose."

been resolnded,

Mr. Justice Lindsell: There

Is

the

One of the judgments quoted by nothing to show us that the respon Mr. Potter to support his submission dents, though knowing about contained the following ruling: "Nor is the maker of an article allan, may not have regarded it as

ridiculous.

ways bound to point out defects in

TCS-

suffered. That would have been a matter for future discussion,

"The appeal should be allowed," Mr. Macnumara concluded, "on the ground that there was a duty to dis- close the imminence of a claim that had been made, and that we could not be expected. as ordinary business people, to necept performing rights plus a lawsuit, when what we had contracted for was performing rights without a lawsuit."

Mr. Justice Lindsell announced that he and his colleague agreed,

mainly for the reasons given by the learned trial judge, that the appeal must be dismissed with costs against the appellant:

Kera.

is understood that next week

three planes when the Christmas mail rush is in- tensified, as many ta may be used on certain days. No passengers

from will be carried

the outward ma- Bangkok, though

this be available for chines wil trame as their mall is leas,

Orchestra; Dance Tancredi Pasero, Aristide Baracchi, Salvatore Baccaloni, Guiseppe Nessi

refrain! from Pennies (Soprano) with

Button Orchestra-Some Other

The

His Music แน

from Fox-Trots So Do I from Heaven'); One, Two, Your Shoe (from 'Pensics Heaven)....Jiminy Dorsey and His

with vocal refrain; Bob Orchestra with vocal chorus by Eberle; Waltz Three Minuteă of About Cruises (Handley Crick); Art: Heaven; Slow Fox-Trot-llypnotizei (Frankeau-Handley-Cricbottom

On Treasure Islanmerot and Full Chorus of La Scals, Milan

from Maurice Winnick and His Orches- with Orchestra,

Humorous-

"chestra.

...Mur

(two

10.40 Marek Weber and Hla Ör- Sul As The Night (Bohm, arr. But The Weary Benedict); None

Victor Silvester and is Ball-Katroyd

not a single thought) Heart (Tchaikovsky, arr. Benedict); room Orchestra: Fox-Trata--I Feel minds with Like A Feather In The Breeze (Aim with Monte Crick at the Plano; Vocal Waltz (Burand); Tiny Tot (Fisher, My Fingers Lotter); Zigeuner, You have Stolen Charm School'); Life Begins When Supping Through

toes (from 'It's love again')....Jessie My Heart Tango (Grothe); To-night

Tango (Lesso-Valerio). (Alm 'Music Roes' You're In Love 'round and around)....Roy Fox and Matthews with Orchestra, His Orchestra with vocal refrain;

7.55 Next week's programme. Wallz The Dawn Of Love: Tango- 0.00 Local Time Signal, Weather Majanah!. Dajos Beln Dance Or- chestra; Waltzes Midnight Waitz;} Neapolitan Nights....Gino Bordin and His Hawailons.

A

Report and Announcements.

8.03 Studio-Plano Recital by Misa| Ala Si Kui

Social Items

A carnival dance, organised by St. Andrew's Club, will be held on December 10, at 8.45 p.m. Fancy or evening dress may be worn.

AIR FRANCE HERE

Fourteen Passengers And

A meeting has been convened for Mail From Hanoi

0.45 London Relay_"Mugs”,

1. Variations on a German Folk 10 600 guide years of swindling Song (Chopin); 2. (n) Intermezzo in the Committee of St. Andrew's Club The Air France plane reached

together with some necount of the E Fiat (Brahms); (b) Rhapsody in on Thursday, December 22, at 8.30

3. (a) Cradle -1. Hongkong at 1 p.m. yesterday from

Mug. Sucker, or Cony himself, and G Minor (Brahms); passengers, Hanol with fourleen

of the proper Song (Lindoff-urr, Sileti); (b) Cradle numerous examples aboard mall and freight. Those

technique for catching him; Compiled Song (Waterman); (e) Merche Gro- Messrs. were Mr. and Mrs. Birt,

by Franels Watson and Francis tesque (Sinding). Junsen and Frost of the Asiatic

8.25 Compositions of Mozart In- Petroleum Company, Mr. Atmaran, Dillon; Production by Franeta Dillon.

7.15

Closing Local Stuck Quota cluding his Symphony No. 34 in C. Indian silk merchant, Mrs. Feschner,

"Cosi Fan Tutte" Overture....The Mr. H. C. Maux, and Mr. Hunter.tions,

7.17 Variety with Murgatroyd and B. B. C, Symphony Orchestra cond.) The combined Chinese women's There were six Chinese passengers.

Winterbottom. Cloely

Nozze DI The plane leaves at 6.30 am, to-

Jesale Matthews, Sandy Powell and Figaro": Vanish'd Are

ing articles of Chinese handwork for morrow for Hanol,

Maurice Winnick and is Orchestra. Love....Tiana Lemnitz (Soprano) exhibition and sale in Paris and New Comedienne Things Are Looking and The Berlin Philharmonic Orches-York. The closing date for the local Up (lm)...Cicely Courtneidge with tra cond. by Bruno Seldler-Winkler; collection December 8, and ladles Orchestra; Dance Orchestra-A Symphony No. 34 in C (K. 338). are requested to send in their articles

9,00 Couple Of April Fools-Slow Fox-

London Relay-Food for to the Hongkong Chinese Women's Trot; Moonburn-Fox-Trot ((lim Thought".

Club rooms before that date.

AIR

SERVICES

Arrivals and Departures Of Planes

Outward

For London, Australia, British Countries and Europe: Imperial Air- ways 7 a.m., Dec. 2; Imperial Air- ways 7 am. Dec. 4,

For U.S.A. Manila, Guam, Hono- Clipper 0.30 tulu: Pan American a.m. Dec. 4.

etc.: Hankow, Chungking, Sion, Eurasia and C.N.A.C. services tem- porarily suspended,

For France, via Hanoi: Air France, 6.30 am. Dec. 3.

Inward

From London, Australia and Bri- Ush Countries: Imperial Airways 1 p.m. Dec. 2: Imperial Airways 5 p.m.

it to the purchasor; if there be a Mr. Macnamara: That is so; but defect known to the manufacturer it was a fact which might have and which cannot be seen on inspec- nffected the mind of another person tion, then indeed he would be bound and should have been disclosed. he agreed to supply a written judg- Dec. 3; Imperial Airways 5 pm. Dec. to point it out; but if lt be a defect|The other

party might have

At the request of Mr. Macnamara,

iment.

CHRISTMA

BY CHOOSING YOUR

CHRISTMAS GOWNS

EARLY, YOU SECURE THE FINEST MATERIALS FROM THE SPECIAL

SHIPMENTS JUST RECEIVED

Velvet Chiffon

Printed Crepe

Silver

Lamé

SEE THESE EARLY. ALSO THE SELECTION OF SEASONABLE

NOVELTIES.

The BOMBAY SILK STORE

The House of Quality 2, D'AGUILAR STREET

7.

From U.S.A.' via Guum. Manila: Pan American China Clipper 12.30 p.m. Dec. 3.

From France, vla Hanoi: Alr France noon Dec. 8.

CURE FOR CANCER

Up-to-Date Methods For British Centres

London, Dec. 1. The British Government intends to use the most modern methods in the curing of cancer, according to the Cancer Bill now before Parliament.

The Bill declares that nine people out of 10 suffering from cancer could be cured if they had their cases diagnosed at the earliest possible moment. It is intended to establish centres for diagnosis and use the most modern methods to combat the discase.

The scheme will cost £700,000 annually and the Initial expenditure will be £600,000 as a grant to the National Radium Trust for purchase of radium.

Advertisements for cancer cure are prohibited by the Bill-Reuter Bulletin.

WHEN

IS

"THAT

CERTAIN

AGE"

?

ONLY.

20

SHOPPING DAYS

ΤΟ

CHRISTMAS

་

Courtneidge. by Adrian Boult Grant, Ossociations in Hongkong are collect-

AT

TO-DAY KING'S

If you're Thrill-able...

HERE'S THE MUSICAL FILLED WITH ALL THE THINGS YOU THRILL TO!

Everything new in song and rhythm

all the fun that fills a Broad- way column... the kind of cast that makes shows hum oh, boy! oh, swing! oh, stuff! and oh-h-h-h, Shirley!

Shirley Temple LITTLE MISS BROADWAY

with

GEORGE MURPHY ↑

JIMMY DURANTE PHYLLIS BROOKS EDNA MAE OLIVER

George Barbier Edward Ellis Jane Darwell Donald Meek Patricia Wilder El Brandel Claude Gillingwater, Sr. Directed by Irving Cummings Associate Producer David Hempstead Original Screen Flay by Harry Tupand and Jock Tallen

Darryl F. Zanuck

"

In Charge of Production

A 20th Century-Fox Picture

TO WIN A BEAUTIFUL

LITTLE MISS BROADWAY"

DOLL

TO ENTER THIS

Six

sing-able,

dance-able

SONGS!

15 All The World Should Be Together",

Wars Paper", "Balay

Me As Did-Yoshiod Surg", "How Ceri Thank Yes", "A "While Broadway"

by Walter Bullock

and Harald Spid

SHIRLEY TEMPLE COLOURING CONTEST

All you have to do is to apply at the King's Theatre Booking Office for a copy of Shirley Temple Picture and colour it and send it to the King's Theatre before noon on the 7th December, 1938. Only children under the age of 16 are eligible for this contest. The results will be judged by the Managements of the China Emporium Ltd., King's Theatre and the 20th Century-Fox Film Corp, and their decision will be final.

PRIZE S

1st: ONE LARGE shirley temPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD. 2nd: ONE SMALL SHIRLEY TEMPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD. SEVEN CONSOLATION. PRIZES OF ONE SHIRLEY TEMPLE BOOK EACH.-⠀ PRIZES ARE NOW ON DISPLAY IN THE KING'S THEATRE LOBBY