1948-05-18 — Page 5

APPEAL AGAINST DAMAGES

Air Line Complains Of Excessivo Award

An appeal against a88085- ment by the Chief Justice of $145,000 damages for the Hongkong-Canton Export Co., Ltd. against the Far Eastern Air Transport Incorporated was brought before the Full Court, comprising Mr Justice Gould and. Mr Justice Reynolds, this morning. The Plaintiffs originally claimed $187,972,

The appellants were represented by Mr Leo d'Almada, KC, instruct- ed by Mr F. I. Zimmern and the respondents were represented. by Mr I. G. Sheldon, KC, instructed by Mr E. S. C. Brooks.

The action in the first place was for breach of contract, and damages by Mr Justice

sen:

were Williams on March 6.

Mr d'Almacla Bald that the grounds of the appeal were against the amount of damagen awarded because they were excessive and he asked for the damages to be varied.

BASIC FIGURE

PAULA

LOOKS AS IF WE'VE WALKED INTO ABI OF STUDIO ROMANCE

-WHAT?

THE HONGKONG TELEGRAPH,

By DENNIS WHEATLEY

YOU'VE BEEN SO GOOD TO ME-I COULDN'T HAVE

DOHE ANYTHING

WITHOUT,

You

Hard Labour & Cane

For Armed Robbers

BUS HOLD-UP IN

NT RECALLED

23

An armed robbery on board a lorry bus on its way from Kowloon to the New Territories on January last was recalled, before the Acting Chief Justice, Mr Justice Williams, at the Criminal Sessions this morn- ing, when three men, Li Luk, 26, Wong Kwai-mui, 26, and Lee Yat-on were charged with armed robbery,

and Li Luk was additionally charged with

possession

of a Luger pistol and 16 rounds of ammunition. They pleaded guilty to the counts.

After dealing at length with figures given for freight and fares covered by the period for which doranges were awarded. Mr d'Almada sub- mifted that the Court should ignore

Mr A. Loniale. Crown Counsel, of freight and should who prosecuted, nssisted by Sub- the question only consider passenger fares in com- Inspector W. J. Wall, said that about pating the damages. For that pur-11 a.m. on January 23, some passen- pase, Mr d'Almuda usked the Court gers who had boarded the bus foreerd

Alleged

to look only for figures in competl the driver to stop at a certain point tive lines because non-competitive incs,

on stifferent routes, utes, operateri gave no indication whatsoever of in- come earned.

when they were joined by others Illegal Radio

Mr d'Almada submitted that the male figure arrived at for the enteu- lation of damages would not be $187,000 but $175,000, and to take the Ogures for the last four months of 1047 was misleading.

In conclusion, Me d'Almada sub- mitted that in arriving at the danges the Trial Jurige could not have given consideration to the im- portant fact that in 1947 there was considerable reduction of fares which necessarily affected earnings.

the damages were not cnough. Mr sald that the original up- plication by Mr d'Almata to be heard on damages was brought in late, as the case had then ended. It was a big concession and was granted by the Chief Justice out of

Sting that

desire to be just.

Mr Sheldon sald the appellant's

representative was, then about to arrive in the Colony and it was appointing that he did not assist the Court on the subject of damages.

Judgment was reserved.

The

who came from the billside. whole band comprised

seven per- sons, of whom five were armed,

While they were in

process

of robbing the passengers and the crew of the bus, a party of Police

Into the billa.

Station

Three

Chinese. Chan Pul, alins on leave passed by, but unfortunate-Chan Kin, alias Chan Hoi-tin, 20, ly they were unarmed. On the a operator. Ma Pin-hung. 20, foki, proach of the Police, the gang Hed and Tsuin Kwok-ching, 29.

foki, appeared before Mr d'Almada r't Central this morning charged with maintaining a radio communication station and possession of radio com- munication apparatus.

ALREADY CONVICTS

On March 19, acting on informa- tion, the Police arrested two of the men, and they fed them to the third. The property Involved in the rob- bery was no! very considerable, added Counsel, but it might well have been bad the robbers not. been Interrupted.

TUESDAY, MAY 18, 1948.

Paula and Meadows walk into a studio romance, Cherry

the stand-in and the make-up expert are in love.

I LOVE YOU, CHERRY DARLING

AND I'LL NEVER BE SATISFIED TILL YOU'RE A GREAT STAR-

AS GREAT AS RITA.

"These sauadges are the frozen limit!"

Military Truck Driver Fined $40

Des Voeux Rd. Incident

Pte. J. K. Thomas was fined $10 by Mr d'Almada at Central: this morning for driving a truck

WILL STAND PAT ON YUANQUOTA

Shanghai, May 18.-Leaders of the Young China Party were quoted by the China Press 10- lay

as stating that until further discussions, scheduled to take place at the party's headquarters in Nanking this week, the party will stand pat on the original quota of 80 sents in the Legislative Yuan, assigned to them by the National Government..

They asserted that the Kuomintang had deliberately slammed the door on minority parties in the Legisln- tive Yuan in "a revengeful manner." because the minority parties did not comply with the Kuomintang's wishes in Uie elections for Vice President.

SELF-RESPECT

One Young China Party leader said that in the Legislative Yunn seating issue his party is upholding the principle of self-respect,

Des Voeux Road on March 3.

Mr Donald Black said that his tion, In

In which the minority parties

He added that political parties should cultivate a sense of mutual to achieve a int national administra

without due care and caution 100% order"

171

be

car was in the outside lane of two had been allowed to take part lanes of traße waiting to proceed

During the presidential election, the minority parties Mr D. H. B. Grew prosecuted and Weat along Des Voeux Road, Im-

obtained the Mr C. A. S. Rusa appeared for de-mediately in front of him was a understanding from the Kuomintang fendants.

large Army truck No. A3576. Ap-

that the Young China Party parently to give room to a vehicle given 80 seats in the Legislative Mr Lonsdale produced a previous Mr Russ plended guilty to the proceeding along les Voeux Road Yuan, while the Democratie So- conviction against Li Luk for assault first charge on behalf of the first in a westerly direction, and with-cialists should get 75 seats. occasioning actual bodily harm. He defendant and not guilty to all the out warning or observing whether Now, he said, the number of also informed the Court that both Lother charges.

the way was clear, the Army truckseats in the Yuan for the Young and Wong were at present serving

Inspector Hu said on April 10, he proceeded to back. He sounded his China Party has been cut down to sentences. of

raided 200 Lockhart Road, second horn but was unabic to back as there only Ave-Reuter. Chinese looked through the peep-driven by the acting floor, with a party of Police Avar a car immediately behind him Postmaster. hole and he told him that he was General, Mr J. H. B. Lec. After the Police. The Chinese went off striking his car and damaging the without saying anything and it was

near wing and headlight, the truck ten minutes before the door was

moved forward and cut across the opened.

inside line of traffic. In the process of his manoeuvre he crashed into car driven by Mr Mackie, whose car happened to be the drst on a

the inside lane.

six months' hard laboter for demanding money with menacer, an offence they committed between the time of the robbery and their arrest.

sentence LI and

Is Lordship Wong to ten years' hard labour and to 10 strokes of the cane, the son- fences to date concurrently with their present terms, and Lee to nine years' hurd labour and 10 strokes of

possession of

On

CHAMBER OF the cave count of

COMMERCE

DISPUTE

Elections Uphold

An application by cerlain members of the Chinese Chamber of Commerce for an Interim Di- Junction to restrain the Chamber nt the annual meeting notified to be held tomorrow (Wednesday) from proceeding to the election 20 members of the Supervisory Committee of the Chamber was

"Teal

Ching

of

and Chu Sal-chtung, Commeren.

the Chinese Chamber of

that

his reasons,

the

one

Counsel

♫

arms and ammunition. LI was given a further, three years hard labour and ordered to receive another 10 strokes of the cune.

The pistol and ammunition ordered to be confiscated,

were

Three Months

For Student

Pick Pocket

ΟΙ

student

Loung

A

HOT RECEIVER

In the first cublele he found treceiver which was still hot. There were also a code book and message forms. In A drawer in the sitting Poum R pair uf plices, driver, two screw

telephone bells, some wire and two insulators were found. Message forms

were found on the table in second defendant's room. In a locked drawer, were also found ac- eaunt books, a note book and a code book.

A dlary was found in third de- fendant's room, continued witness. There was a telephone which was (not registered with the telephone company. The bells had been re- moved from the telephone. While he Was on the premises, a detective recovered two parts of a transmitter from a back lane. Under a iplle of

the verandal frewood in

SMUGGLERS

FOILED

search

wal

no

Jews Launch A

Counter-attack

(Continued from Pazo 1)

fighter defence planes. There is a complete censorship of any reporta about a Jewish air force.

BACKS WITHOUT WARNING Today's air attack on Tel-Aviv The truck then attempted to back came just after dawn, It was again without warning or observing

aimed apparently at the port area. this position, and witness jumped It was believed only two planes out his car and informed the driver passed over the city. As far as is of what was happening. At known or observed in Tel-Aviv the time did the driver attempt to move Jews have not yet sent up any from his seat, from where he had a very poor vision, if any, of what was happening behind. Witness pulled out and entered Des Voeux Road and stopped after fifty yards, Intending to get particulars from the driver

concerned. Defendant followed Into Des Voeux Road and without walling to enquire the ex- tent of the damage or offer help. proceeded in Jackson Road.

If

Defendant said Dr Mackle's car was not visible to him.

Sub-Inspector Si Wal-ming said Dr Mackie has left the Colony and

vas unable

to attend Court to give evidence.

Infining defendant, Mr d'Almada remarked that since. he could not see from the cab, he should exercise more care when driving.

SO

HE

the

direction

Meanwhile, 600 additional Jewish immigrants arrived in the new state. Immigration Minister Moshe Shapira said they were the last who, had awaited their turn to enter the Holy Land without British

visas. He said about 1,000,000 Jews ure rendy to Immigrate to Israel. Half are in Arab states, with the others In German and Austrian

camps, Eastern United States

European countries, the and South África, he said.

Moshe Shapira sold Israel plans to organise the immigration of 250,- 000 Jews during the next two years. Preference will be given youths able to help the war effort.--Associated Press.

FAILED TO

ANSWER

POLICEMAN'S CALL

flashlight,

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RALPH BYRD BELA LUGOSI

A 17-year-old Kwing-fuk was sentenced to three found a pair of earphones. refused by thn Acting Chief months' hard labour by Mr H- Hearing was adjourned to June 7 Justice

Mr Justlee Williams, at shing Lo at Central this morning at 3.30 p.m. the Supreme Court this morning, for larceny of $010 from a mes- The applications, Hsu Chi-noor of No. 53 Shing,

brought by chant Poon Pok-chi at the ground Mesurs Lui

Wo Road. Jiang, Lam

Hau-tals,

- Happy Valley, on May 13.

Detective Sub-Iusp. R. Mac- yau, Chiu Yiu-wah, Yung Sat-tung

of Kenzie sald on the evening of May 13. defendant and the complainant While complainant Sheldon, KC; and Mr were together. Mr H. G.

playing A Brook A. Bernacchi, instructed by wan

game of mahjong efendant came from Mr P. L. Lam,

for the cared

behind and! plaintiffs, and the defendants were extracted the money from his trou-

Said to be "obviously belonging to ser pocket

a gang of smugglers," two unem- unrepresented and not present.

Eventually defendant was arrested † ployed men were arrested by Police ALLEGED BREACH OF ARTICLE

at the Sun Sun Hotel, Kowloon, and when it was found Mr Sheldon sald

that they had the application a sum of $151 was recovered. De-543b of clutiable Chinese tobacco

The coxswain of the motor boat good. In any case, he added, the was made under Section 582 of the fendant bought a suit of new clothing with them.

Kun Tong was fined $50 or two Inspector had used They were taken Into Code and was nfidavits, of which

ich he was by a theme of new shoes with some custody near the railway bridge of weeks by Mr Cans at the charge which should have been seen by

Pork path on Monday after Court this morning each defendant. Hsu Chi-ling After reading

. As a sequel to the case. Hector-they had picked up the two parcels of failing to stop when called upon CAUSED OBSTRUCTION the affidavit, in which Hsu gave Summers, 20, of No. 40A Blue Pool containing the tobacco which bad to do so by a Police Officer in

The mistress and mnater of two submitted Road, was charged with being an been dumped by their confederates uniform, and falling to produce a there

plain nccessory after the fact.

cargo

boats licence. It was from an in-coming Canton train 10

were cautioned for breach of Article 32 of the Articles alleged that Summers assisted Leung escape the customs

Sub-Inspector Nippard reported causing an obstruction with their of association of the Chinnaber if ur escape after knowing that a felony KCH terminus.

at the that he had followed the boat in his boats at " Pier, Kowloon. election proceeded, the had been committed.

Sub-Inspector lunch and repeatedly sounded the

Davitt reported Article laid down that each un elec- Mr Peter H. Sin

that on May 180 the President Polk- appeared for The defendants, LI Yeung, 28, and K signal, and also signalled with tion oculd not be held after the end Summers who pleaded not guilty and Chut Yum, 27, were ench given two flashlight, but the boat faild to stop, was at the Kowloon Wharf, and he of April. The proper procedure of the case was fixed for hearing on weeks without the option and the When he finally caught up with the

was in No. 6 Police Launch keep- holding a meeting for the purpose June 10. Defendant was allowed tobacco was ordered to be confiscated bont at Causeway Bay, defendant ing a watch on about 25 craft or of altering the Articles should have ball of $2,000.

by Mr Latimer at Kowloon Court to-

Inlled to produce his licence. De various types in that area. He saw been followed, but was not.

day.

fendant stated he had not heard the defendants' boats outside

five Refusing the appileation,

signals, and sold that he had been others alongside the ship, so that Lordship snid he was not in favour

hired by a European,

free Recess to Pler was ob. of ex-parte applications being grant-

A representative of the China structed. It was ed unless it was well within the

a frequent occur Construction

Company stated that rence, he said, and complaints had terms of the law as laid down. He

the vessel had frequently been hired been made by the Star Forry Co. Admitting proposed to let the election go

by his company, and he himself had and by people who wished to em-

without forward in the ordinary way and to

on several occasions travelled in the bark or disembark at "T" Pier. Lau Wan-woo, a lorry driver, was let the other side oppose the ap

If the

cockpit, where he found that the Defendants pleaded that plication if they would.

Ased 575 by Mr Latimer at Kow- A hawker, Yu Hong, who claimed, Ping-kwone, 32, at Kowloon this difficult to hear anything else. Re-] passing along the side of the ship,

weak, heart, Wong engine made so much noise it was were under way at the time Court then decited that the defen-

Icon

Court today. dants were wrong, then the Super- when arrested on Monday for hawk-morning, begged Mr Blair-Kerr not garding the licence, he stated that

The accident occurred along the visory Committee would be washed ing without a licence and obstruc- to cane him but to imprison him for the boat was being prepared for MOORED AT PRIVATE WHARF driving towards Cantle Pealt, was

Castle Peak Road on Monday. Lat tion, that a "Crown man" collected snatching a hand-bag off a young survey,

and when The Chief Justice added that he daily dues from him, was this mor

the final

The mistress of a Class IV boat overtaking a stationary jeep parked girl H. Azevedo,

examination was to have been held did not think that any irreparable ning fined $200 or two months by "You'll get both," replied the the boat developed engine trouble making fast to the Hol On Whart after passing the vehicle, he pulled

was fined $15 damage would be done by allow-Mr Blair-Kerr at Kowloon when he Magistrate, giving him a year and The Inspection was now scheduled (a private pler) without permission towards his left too sharply and hit or three days for outside the Hongkong Brewery, and

ing the Committee to be elected. admitted a third false Information,

charge of giving 12 strokes and recommending him for tomorrow, as the surveyor had of the

for deportation.

owner. Defendant pleaded pedestrian with the tallboard of been III, According the Sub-Inspector

Sub-Inspector McCarthy pointed that it was too late to return to the his lorry. Howarth, Yu's story at the Mongkok Sub-Inspector

Yaumati Shelter and she decided to Howarth sold out that the vesJol should Arrested as a result of a routine Police Station caused the Police to Wong matched the bag, containing not have been underway without a

remain at the wharf.

Brothel Keepor starch on board a bus in Chathom waste a great deal of time. They money and articles to the value of special permit_from the Mario

For keeping Bond on Tuesday night, Chung sent him with his wares and two $15, from the girl at a bus stop in Department. No attempt had been

a rohol at 10. Man. 30, a travelling trader with detectives belt to Tung Choi Street Prince Edward Road on Monday, made to take one out. In reply to cautioned for failing to take out a Ho Ng, 40, widow, was fined $250 The master of a small sampan was Cheung Lok Street, second floor, no Hongkong address, was fined to await the man whom Yu said took He was arrested after a chane by Mr questions, Sub-Inspector McCarthy licence, when he pleaded that he had by Mr Latimer at Kowloon $250 or six weeks by Mr. Latimer 20 cents from him each day." "No M. J. Ritchie.

Court Wong, had two pro- said that some of the sirens on the only bought the boat about 20 days today. Thd. premises were rolded at Kowloon today for the posses collector turned up and Yu's allogn-vious convictions and had been ex- Police launches were not very loud ago, and had come to Hongkong on by Inspector sion of 2.5 tnels of raw oplum. tion was discovered jo be unfounded.pelled for Ave years.

Collins carly 'thle but this particular one was quito Saturday to take out a licence. morning.

out.

Caught With Opium

his

Hawker's False Information

CANE & PRISON FOR SNATCHER

Pleading

they and

AXINE DOYLE.

ASREPUBI TAL

Careless Lorry Driver

# charge of driving due. caro and attention,

GUA

They Gave their Lives.

12

LOSTNING EPISODES.

We, too,

may give

through the

HONGKONG

WAR MEMORIAL

FUND

Bend your e

donation to

the Hon. Trenatirère

Lowe, Bligham & Matthews Mercantile Bank Didg.

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