1939-11-03 — Page 25

Friday,

HONGKONG TELEGRAPH

November 3, 1939.

LIBEL

WOMAN WINS CASE: $100 DAMAGES

PIRATES RAID JUNK NEAR H.K.

ARMED pirates from a Junk boarded a cargo vessel owned by Chan Kuen, 36, off Lau Fau Shan, Chinese waters, about 8 p.m. on October 28, and robbed the vessel of its cargo of rice, firewood and ground-nuts, valued at $32.

Chan said the pirate ves sel opened fire with cannon and revolvers and forced his junk to heave-to. All the occupants were confined in the vessel's hold white the junk was plundered. After the cargo had been removed, the crew and master were put ashore at Tung Koo.

The captured junk was Inter recovered at Cheung- shawan.

TRAFFIC COURT

THE photograph of a woman and an article headed in large type "Words uttered with tears by the female escort Ying Ying Woo," published in a Chinese bi-weekly paper, were the subjects of a libel suit heard by Mr. Justice Lind- sell in the Summary Court recently,

Mr. Justice Lindsell delivered judgment in the case this morning in favour of plaintiff.

Kee Po She are the registered pro-

the prietors and

defendants Man

Abundantly Satisfied

"

عل

the

round it

Man's Mysterious

Revealed

Death

ALLEGED to have died from blows received from an unknown man after an incident in a Kowloon street yesterday, the body of Liu Yuk-chl, 19, gunny-bag maker, of 417A Reclamation Street has been removed to the Kowloon public mortuary.

From police enquiries, it appeared that Liu and another youth. Tang Lam-wing, employed in the same trade, were walking in Nathan Road near the Portland Theatre when Liu accidentally knocked against

Chinese girl who was walking in company with a man dressed in European- style clothing.

The man caught hold of Liu, and, it is alleged, struck him several blows. Liu col- lapsed and was taken hom0 by Tang. He died an hour lator.

The alleged assailant dis- appeared after the incident,

ON CHINA WAR FRONT

Chance

Meeting

German Planes Leads to

Over France Heavy A.A. Fire Greets Invaders

SPECIAL TO THE "TELEGRAPH"

Battle

Plaintiff was Mrs. Mary Kou jsequences Injurious to him will ensue Cheng Hou of 42A Hollywood from the libel. He may strengthen Road and she claimed $1,000 his case by showing that such con- jsequences have in fact ensued, but in damages from Ching Chat Kee such cases the evidence in question is Po She. Man Ngal Printing given merely for the purpose of Press, Ma Ngai Tam and Lo Wo. emphasising the fact that that has Particulars of the claim were an actually happened which the law follows: That the plaintiff is the would presume without proof. (SLC) wife of Isu Kou-cheng who is on Clark & Lindsell's Law of Torts (th

Edn) p. 647). the staff of the newspaper To Kung

It is not a case of "injuria sine Fao. The defendants Ching Chal damno," Once the "Injuria"

¡proved, the Jaw presumes Ngai Printing Press, Ma Ngai Tam damnum to have followed,

the are respectively and Lo Wo printers, the publisher and Editor of

Here 1 am abundantly saliaßed a bi-weekly newspaper the Chiag Chat Kee (or Tsing Teat Ki), which that the newspaper article and photo- has a large circulation in Hongkong raph complained of were libellous of On page 4 of the Issue of the the plaintif, in that the photograph reproduction Ching Chat Kee for June 5, 1939, the so i find proved) was defendants printed and published of an actual picture of the plaintiff

A chance encounter between and caused to be printed and pub and the article written

Chinese troops and Japanese ished an article purporting to relate stated in so many words that the lady to a conversation which a woman of the photograph was an escort girl-

forces pushing westward from known as Ying Ying in the exercise statement which bore the clearest

BRUSSELS, Nov. 2 (UP)~|Yuanwu, on the north bank of of her profession is a female escorted that she was likely to be Three planes, supposedly Ger the Yellow Row in northern was supposed to have had with one chaste and little better than a Tot her customers and setting

mans, to-day flew over Tournai Honan, produced a sharp battle out Prostitute. various inclients in the life of Ying persons who knew the plaintiff by tory.

i am satisfied also that reasonable and penetrated into French terri-at Sincheng a few days ago, according to "Central News" 5.gbt might well have been led by the article to believe that she had

French inhabitants of Tournai messages received this morning. left her husband and was following heard heavy gunfire probably the dubious calling of an escort girl from French anti-aircraft arti-

Faucifut naRIC

of Yiuglery. Ying.

follow that

defendants the

rule in A fine of $20 was imposed by of the sail article, the defendant must be liable under the Mr. Forrest at the Central; falsely and maliciously printed and Hulton & Jones (1910) A.C. 20, even Magistracy this

on published and caused to be printed though they have proved that the morning

COPENHAGEN, Nov. 3 (UP). River, and pull chest a photograph of the articica was at intended to apply to Lam Shu, taxi driver. for

the plaintiff and that they were nut plaster. dangerous driving in Queen's By the publication of U said aware and had no reuson,fo be aware Rond Bast on October 12. De-photograph, the defendants mean. fendant denied the offence. and were understood to mean, that Sub-Inspector F, 3. Clarke sand the plaintiff had assumed the nine of there was an nekdent in the road: Yin Ying that he had been carry- near the Solliers Club, and a car, int on the profession of a female badly damaged, was lyg across the escort, and was a woman of loose tranilincs. The read!

of the premises ade was strewn wah broken glass from the car's windscreen and witt- plaintiff has been injured in

Character and reputation and hus

Pirule and contempt.

Fine For Dangerous Driving

Ying.

Photograph With Article The article was headed in large type "Words Ultered With Tears by

the Female Escort Ying Ying Woo." On the same page of the sal instic et the newspaper and in the mkkit

the Beth and invezet elracter.

Dy rron

under the

It

of her existence,

Innocent Of Intent

At the same time I am equally satisfied that the defendants herein were intern of all intent to libel the plant or anyone else when the her and

they published the offending article. their subsequent rufusal 141

Unconfirmed reports received here elnim that one plane was shot down. Plane Over Danmark SPECIAL TO THE "TELEGRAPHY

It is claimed that the Japanese

casualties.

were defeated, sustaining some 100

another

Later, reinforced, the Japanese driv: towards Inunched Chunghochen nearby. Again they were thrown back.

On the south bank of the Yellow reinforcements Japanese tu Changyingelth Reports from Esbjerg state foreign plane was heard over the Hwaiyang and Talkend were inter- buck by the LOWN at 5.35 p.m. Danish anti-cepted and beaten aircraft guns fired warning shots. Chinese

that

PL

rude

rushing

trol.

from

Rude Reception

Changyingchih Retaken PARIS, Nov. 2 (Reuter).~Three } Changyingchih, for the cond German planes which came over the time, has returned to Chinese con- front lines to-thy met with t reception, two being shot down, ac-

In Kings, Chinese troops launch- cording to semi-oficial sources.

The planes appeared out of a cleared a surprize attack on Wuning, 70 sky and were greeted with hat Are miles northwest of Nanchang, before daybreak yesterday. They broke Several police officers were pre- og ronght into public scandal publish an opology must be impled from the British anti-aircraft guns. through the Japanese defence lines |

to ignorance rather than to delitince, They turned for home and when

outside the city and inflicted many Mr. P. Y. We represented plain-At the same time they accepted the over our front lines were enraged by

casualties. The Japanese withdrew 1 and Mr. C. A. S. Euss defendants, manuscript and plints from an ap-five British Aghters,

parently unknown and "mak de"

One Nazi machine was shot down into the city and closed the gates.

artillery Chinese

shelled the The Judgment

contributor in Macao whom neither from the nir by machine-gun fre. Delivering judgment Mr. Justice Landsell said:

dow

sent, and a car belonging

Sul

Inspector Daricia was 15 on the south of the rond. There was ample

room for west-bound traffic to pass between Insp. Barkin's car ant the,

wreck,

In my judgment the plaintiff's elaim herein for damages must sucered,

for two

Three Japanese

side has since been able to traer. The second was brought down by Japanese at Chuyuan and Hulsun, 23 and printed il without enquiry,

anti-aircraft fire, and the third got miles west of Nanchang, There was here such reckless in-away, trailing a thicit cloud of smoke. hours yesterday. difference as to whether the article

The smoke may have been intended ammunition depots are said to have wow true or false as to amount in na a screen or the plane may have been hit.

been badly hit.

Chinese guerillas are active in this law to mulice.

on the Three bridges The enemy bombers were Heinkel province.

have machines. which are Lited for Nanchang-Kiukiang Railway

been wrecked. Tong-range reconnaissance.

With the aid of a squadron of bombers, a Japanese force of 5,000 men launched 'n heavy attack Wednesday on Sientaochen, a small town of strategic importance on the south bank of the Siang River in central upch. The Chinese put up "u"atif resistance:

costs.

Drove Over Broken Glass About 1.40 a.m. a car approach.di from the cost at a high speed, which In an action for libel the plalatif

show that his or her I consider that justice will be done witness estimated to be at least 35 has only to

plaintur Judgment niles per hour. The car, on nearing reputation has been astalled by the if 1 give the the wreck, swung over to the right defendant to entitle him "prima against all defendants for $100 and of the rod, drove over the broken) facle" to iammes, since it is a pre- glies, returned to its own side after sumption of law that domage to that pussing and continued on its way, reptilation must have followed from Witness shouted to the driver

"Even where (s To the attack upon stop, but he did not do so. The ear's here) there is no evidence that the number wan noted and defendant plaintiff's reputation has suffered, he xeniled to damares by reason ot traced.

probability

Defendant admitted having driven the on the wrong side but said the pal was straight und clear, and he felti

Burkin

it was safe to pass as he did.

Sub-Inspector

said he estimated the taxi's speed to be between 40 and 45 miles per hour. The taxi uczelerated as it passed the

werck.

Sgt. W. Morris, who was also on the scene, said he estimated the taxi's speed to be between 3D and 40 miles per hour. There was plenty of room between the wreck and the pavement.

north.

mure

that con-

The fate of the crews is not known.

Sinking Of The New Mathilde WITNESS TELLS OF A

King Awards DRAMATIC WARNING Americans

Decorations

To R.A.F. Personnel

How a sharp rise in the level of the water in the after starboard bilge had given dramatle warung that the ship was in grave danger was recounted by Carpenter Clee Chung when the Inquiry into the slaking of the New Mathilde off the coast near Kwangchowwan na Oclober 21 was resumed in the Marine Court this morning.

Ut In Arms Up

Pointed Request To State Department

SPECIAL TO THE "TELEGRAPH" WASHINGTON, Nov. 2 (UP)—that

Leung Chung-ssing, a passenger in Majesty the King, during his visit lo/Kirby, of H.M. Dockyard, Captain Koard bilge was flooded, the ship The American Chamber of Com-

the taxi, said the taxi was travelling the Air Force an active service

a1

willits, who piloted an nireraft back the proceedings yesterday, rose and to port was inconsistent with the story desired results would not bring the

stated:

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BRITISH LEGION WORK:

NO DIMINUTION

In making an appeal to the pubile to give generously on Poppy Day, the Hongkong and China Branch of the British Legion says that it m determined that there shall be no diminution of its work.

The beneficent work of the British Legion for Great War ex-Service men and their families goes on unceasingly for 305 days in each year, it is pointed oul, The Leon is financed by the income from the one day sale of Usig Fund poppies on November 11.

Didn't Keep To Left

B. R. Irance, of 1 Kennedy Road,

Sgt. McInnes said he was driving a police van towards Central Police Station when Irance came from the direction and cut the opposite corner in front of him. Both veh- cles were going at slow speed.

THE BEST DIET DURING CONVALESCENCE

The Court of Inquiry consisted of "Extraordinary" Position SPECIAL TO THE "TELEGRAPH"

Commander G. F. Hole, Harbour LONDON, Nov. 2 (Reuter) The Master, who presided, Lt.Cdr. K. W.

Mr. Holt: Did not strike you as Air Ministry announces at His

extraurdlaary that, when the star- D. Lane, Master of the Raby Castle,

merce at Tientsin has cabled the Captain D. M. Hood, Master of the should have a list to port?

Witness: She had already come State Department urging that they Great of at an unlinry speed. He did not Home in the air defence

The work is pressing for the men her any shout to the driver to step, Britain, invested Air Force personnel Hong Kher, and Captain E. Walker, upright after they had shifted cargo refuse a new commercial treaty with

Master of the Haltan.

Japan until the latter ceases oppress- over with decorations, in recognition of

of the Great War are growing older. hor did he hear the car go

their gallantry in flying operations K. Hall Brutton & Company, watch Captain I took a sounding; in the after China.

Mr. D. L. Strellett, at Messrs. Geo, from port to starboard.

He continued: "After calling theng American business in North

Many more each year are becoming! broken glass,

Lam was convicted, and Sub-Insp. against the enemy.

the helpless victims of chronic sick i was fined $10 by Mr. Forrest at the ed the interests of Captain R. Wherry, starboard Uilge again and the water] "Despite constant and tireless re- The following were decorated: Clarke remarked it was a most reck-

Master of the New Mathilde, on be

ness and unemployment, the pitiful Central Magistracy this morning for Distinguished Flying Crosses-

presentation, no satisfactory results Mr. Holt: Did you ever notice have been obained whereby Ameri-

handicaps which are only too often failing to keep to his left when driv the less piece of driving. Had any of the Flying Ofleers T.M.W. Smith and half of the Navigators and General bad risen to ft.

of advancing Ing in Lower Albert Road near the accompaniment mumerous spectators who were lining

list to starboard?

cans can conduct private and business Before further evidence was taken.

years. The Legion is determined that Dairy Form on October 12. Mr. F. the pavement stepped off when de Jolin Barrett, who commanded the Insurance Company Ltd.

Only after the ship had affairs without unnecessary hinder- no time shall it be necessary to re-

H. Loseby appeared for the defend- Witness: Mr. W. E. Kirby, Secretary of the turned around. fendant swung over to the right side,ying-boats which rescued the crew

ant. of the torpedoed merchantman,

"It is stated, ance,"

fuse help to a really deserving cause. they would have been hi

China Const Omeers' Guild, who was Kensington Court, in September last refused permission to participate in tion that the witness's story of a list

Responding to Mr. Strellet's sugges- "It is obvious that further repre-

Donations To Date Flying Medal. Sergeant W. E

sentations

this year Lioutenant Fined

Donations to the fund the message says. "With the permission of the of water in he starboard bilge, Mr.

have reached a total of $4,090 and Want More Representations Lieut. N. "II M. D'Oyly, of the to the base after the pilot was shot in

contributions to date are as follows: Royal Scots, Murray Barracks, was the head in combat with an enemy Court, will the Court take comicance Holt sald: "I am not doubling that

that the evidence of the last witness, the list was to starboard. I am only | They asked for a new and more

Previously acknowledged $9,421, summoned before Mr. Forrest at the flying boat in September Jasi.

Miss J. W. Buckwell $10, Dr. G. D. R. who performed the duties of Second doubting the account of Ula witness, vigorous representations at Tokyo, Central Magistracy this morning for Young Men Rowarded

Black $25, The Steam Laundry Co. Others decorated were Flying

Mate, has been given wholly in a To me it seems a complete fabrica-based arstly, on the requirement to leaving his car unattended in Chater

apply for passes for American owned language other than English and tion."

$15, Leung EnUn $5, A. W. Ramsey Road on October 13, and for failing Omeer Christopher Doran, who is through an interpreter?"””

Purser Chun Kwat-lam deposed merchandise to pass the Japanese

secondly, the Japanese $, A. Jaffer $3, F. C. Hall $260, Q. A. to produce his driving licence when now acting Squadron Leader, although

Mr. Hole: The Court knows that that he had noticed a slight starboard barriers;

A. Macfadyen $16, B. O'M Deone $10, and Flying called upon by a police officer. He only 20 years of age,

Mr. Kirby: Thank you.

list on October 20 before the ship authorities' refusal to issue further

Mr. and Mrs. H. A. C. North $25, M. Joncer Andrew McPherson, who is pleaded not guilty to both counts.

What Soundings Revealed salled. About 9 a.m. on the follow-passea for non-American employees American Arms; and, thirdly,

O. Onnen $10, A. Morse $50, E. De Constable Shao Heng-klu said the only.21

ing day he noticed that the list had in

Chaffay $20, C. Black $25, Lady car was parked outside the Canadian They were awarded the D.F.C. for!

Clice Chung, ship's carpenter, become dangerous and, with the car- despite passports and identification Northcote $50, 11, S. Jones $20, Mrs.

curds, Americans of both sexes are Pacifle Company from 3 p.m. to 4.30 their work in the Wilhelmshaven raid. counted that about 6 a.m. on October penter, called the Capt.in.

A fuller account of the feat of 11, when the ship was out from defendant when

returned.

stili searched and, in many cases, T. Black $10, Hongkong Cricket Club Pumps Put To Work

forced to submit to examination of $100 and Club Lusitano $20, Witness told him he could not park Sergeant Willits shows remarkable Kwangchowwan, he took soundings

Chief Engineer Peter B. Allan re-personal baggage.

Further donations will be gratefully his car there and asked for his driv-presence of mind and swiftness of in the bilges. The soundings-7 Im.

They asked for rectification of received by F. G. Mounder Secretary, for'ard and, aff, 5 ins, on the port counted that he had gone on duty ing licence. Lt. D'Oyly replied he decision.

Earl Haig's Fund, Hongkong and Willits was in the machine which side and 3 ins. on the starboard side at 8 pm. on October 21. He outlined these points before the opening of had not got it with him. Witness!

the precautions taken with the pumps

Shanghai Bank Building. Cheques his had been engaged in reconnaissance were the same as on the previous in the mice of the increasing list. any tolku regarding a new pact. naked

should be made payable to Thomson defendant

and Co. and crossed Poppy Day Fund. name in witness' note-book, but Lt work in the North Sea and which was D'Oyly refused to do so. Ile further returning to England with its report.

9 a.m. ho continued. "When the list became "too great to Near the north of the German const, noticed small list to port." He de-o comfortable" he went to the bridge knowledge for an engineer to have, stated that the Automobile Associa-

model that ho and asked that the carpenter bo told and it would assist the Court. tion had informed him he could park they saw a German flying boat and monstrated with a

to take soundings.

Witness said was a thing he the pilot immediately went into at- his car there.

really meant port

The Second Engineer started the would have to work out as it depend- tack.

Mr. Holt: Are you certain it wasballast pump and witness next suged on certain factors. "I do know," Just as it was about to open firea list to port? Defendant said a sign in the car- Dark stated that cars could be parked the enemy get in a sharp burat first, Witness: Yes, I had noticed a gested to the Captain that No. he added, "that the capacity of pump-

HONGKONG'S FIRST effort to for two hours. His car had only Only two bullets hit the British plane slight list to port coming down the starboard freshwater tanic be pumped Ing out this hold would be limited

out to reduce the list. This was done. by the 24-inch pipe connections," provide cigarettes for the British been left there for an hour and a but one of them killed the plot in- river,

Mr. Holt: Was the flat the same heard to shift in the bunkers because put on

About 9.45 the bunker coal was half. An A. A. omeini told him he,stantly.

Continuing his evidence, he said he troops will be made to-morrow, when

possible speed so that the a stall will be opened in the Glouces could leave the vehicle there. When The machine began to fall out of at 9 a.m.7-It was a little greater.

of the list. The Second Engineer ship might be grounded before she ter Hotel. a.m. Witness continued: "At asked for his Beence, he told the control, but Wilts, during the wild

Children's toys suitable for Christ- constable he had not got it with him, descent, crossed to the pilot's seat, took bilge soundings again. I found reported that a sounding of 2 ft. had sark; but the position gradually

mas presents will be sold at the stoi The ship's list been taken in the after bold, so all worsened until the ship foundered. but told him he would send it up pulled him clear, took over the the same depths.

Corroborative evidence was given The loya will consist of dolls, animals, to the traffic authorities the next controls and got the machine out of began to increase and I heard people the ship's four pumps were shifted

to that hold and worked at full cap-| by Second Engineer A. van motor cars, aeroplanes, jigsaw puzzica day. As far as he knew, defendant its dive just before It would have talking about shitting cargo.

Langenberg. He snid Uint at 9 a.m. and games. continued, it was not necessary for plunged into the sea.

"At 9.25 1.1ounded the bilges again, acity,

Mr. Holt: Do you know the full on the day of the sinking, thinking They will be sold at reasonable I found three feet of water in the him to carry his driving licence,

after starboard bilge and at once capacity of those pumps at full pres- that perhaps some of the livestock prices. All the profis will be for- Is Worship sald it was necessary,

cargo might have shifted, he took a and convicted defendant on both Worship remarked that Engilah hurried to the Captain's cabin and sure?

Witness: No.

walk around the deck. Everything charges, a

people in the Colony should, when shouted: 'Captain, get up. The ship

Mr. Holt: It seems that, would be was normal. A fine of $5 was imposed on the asked, give their names as requested is taking a list. Water in coming first and $15 on the second. His by a policeman.

p.m.,

write

day...

"AL

a handy-even necessary-piece of The Inquiry is proceeding.

Cigarettes For Troops In France

warded to England to buy cigarettes for the troops in Franco.

Every 21 obtained in this fashion will provide 1,000 cigarettes.

After operations, or wasting and other diseases, you feel so weak and exhausted, that you wonder whether you'll ever feel really well again. Everyone urges you to eat. Yet food nauseates you. But you simply must eat. Doctors all over the world, have found that Horlicks can be re- tained by the weakest stomach and the patients find it, agreeable- and palatable, Horlicks irn- mediately starla to pour new strength into your exhausted body. At the same time it stl- mulates your faded appolite,

Your convalescene is shortened and in an amazingly short time you feel ready for anything again. Full of energy and vi- tality. Keep Horlicks always

ready at hand.

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