1948-12-09 — Page 5

Of

Sale Property During Occupation

Damages Claim For Breach Of Warrant

An action for breach of warrant of title con- cerning a house in Kowloon during the Japanese. occupation commenced before the Chief Justice, Sir. Leslie Gibson, at the Supreme Court this morning.

Mrs Lee Yu-lee, of No. 3 Upper Lascar Row, represented by Mr H. G. Sheldon, KC, instructed by Mr G. S. Ford, was the plaintiff against Yau Siu- yuet alias Yau Po-cheuk, of 54 Queen's Road Central, ground floor, for whom Mr Percy Chen, instructed by Mr A. el Arculli, appeared.

The statement of claim disclosed | alleged in the statement of eluhm that in July 1940 the defendant re-whereby he would be put to strict presented himself to be nu agent

of one Choy Chuen-itam by virtue of Power of Attorney alleged to have been made by Choy on May 10, 1945, and whereby the defendant us Guch agent was authorised to sell property at 315 Reclamation Street, Kowloon, registered in the. Land

3892 Office as KIL No.

the property of Choy.

.

ns

MY

or

proof of the allegations.

Mr Sheldon 1 am not proposług to call the plaintiff or Me Peter Sin on the present state of the pleadings,

The Chief Justice: My view, Mr Chen, is that, you must decide for Either you yourself what to do. apply to amend or you don't apply.

After consultation with his in-

that he decided to apply for leave to amend the statement of defence so as to make the case perfectly clear to Mr Sheldon. Counsel was granted a short adjournment.

23

Relying on such representation the ructing solicitor. Mr Chen sold plaint on July 18, 1045, entered into an agreement for sale of the property to the defendant for Mil- tary Yen 160,000 and paid -defendant deposit of

20,000.

Subsequently on

the defendant about July 27,

Prior to this, Mr Sheldon said purported to assign the property to that with regard to the particulars the plaintiff who paid the defendant of damages he

would call who MY 130,000 as balance of the pur-architect

would say that $20,000 was the minimum value of chase price.

By reason of the premises the the house and as regards the loss defendant

warranted that he was of 28 months rental he would say authorised by Choy to sell the pro- that the rent was fair for the pre-

the mizes. induced and thereby

The house was sold very perty plaintiff to enter into an agreement soon

ofler thar liberation for sale and assignment and to pay $10,000. It was sold

Choy by MY150,000.

Chuen-kam to another mun, sur- named Choy, and it would be his submission on the evidence that the

AUTHORITY REPUDIATED

for

On October 4, 1947, Choy, throughal value of the house in October,

his solicitors, Messrs Alfred Hön and Co, repudiated the Power

kong as

certain clauses

of

of

Power the

of esc Land Office of Attorney and registration by that Land Office of the assignment.

1948, was a good deal higher.

Stalin Receives Delegation

THE

Annie Goes By Aeroplane

Miss Annie, one of the six baby elephants that got awfully hungry aboard the SS Swarthmore Victory re- cently until the navy's flying boat Marshall Mars made an nir delivery of hay, is hoisted aboard a cargo plane in In San Francisco en route to a zoo in Madison, Wis. the crate with Annie is Harold Hayes of the Madison Zoo.

--AP Picture.

Yokohata Pleads Guilty To Ill-Treating Shanghai Prisoners

Sgt-Major Yokohata Toshiro pleaded guilty this morning before a war crimes court to directly taking part in tortures inflicted on a number of European and other civilian residents in Shanghai during the occupation period.

His Counsel submitted a plea of mitigation, pointing out that Yokohata had made a frank admission of his guilt and was truly repentant for what he had done.

Editors Select

Year's 10 Biggest Stories

New York, Dec. 8.—President Truman's eléction was the-big- gest news story of 1948, in the opinion of editors around the world.. It appeared as one of of the year's "ten "biggest". on lists from every section of the world in the United Press' an nual survey of newsworthy events. It led many foreign lists.

The struggle in Berlin, and other deveinuments in the European, cold war also ruled high on all lists.

Jahe te bietest stories, from Jha stimdpoint of Americans, the agamous choles for first place was President Truman's victory over At Thomas Dewey. The Hat was on fellow'st

1. Election of Mr Trumsa

Belin kirlift and cold war in

Europe,

3. Bigh cost of living.

Kasenkina's excune from

the Russian Consulate.

5. Gandhi's nasasijuntion..

6. Death of Babe Ruth.

7. The Chinese civil war.

.

6. The United States spy Invest-

..

9. Founding of Israel and Coun! Bernadotte's assassination.

10. Princess Elizabeth's baby.

FAR EAST SELECTIONS

The Big Ten selections of 'editors in Japan, China and the Philippines: (1) Truman's election. (2) Chinese civil war. (3) Tokyo war crimes trials. (4) Assessination of Gandhi. (5) Founding of Israel. (6) Berlin airilit and cold war in Europe. (7) Rift between Tito and the Comin- form. (8) Princess Elizabeth's baby. (9) Formation of the Union of (10) Western European nations. Madame Chiang's trip to Washing-

ton.

EUROPEAN LIST

of

The United Press asked editors of the Russian news agency Tass and of the Moscow newspapers Pravda and Izvestia to choose the ten biggest stories. They replied that they were too busy. However, 11 ше the Judging from the display Soviet press, The Russians con- sidered the following the ten big- rest

stories: (1) Berlin airlift and cold war in Europe. (2) Soviet- Mr Sheldon referred le the

American relations in general. (3). Organisation of the Westean Union. Attorney and authority of the Japanese Land Transactions (Enemy Očetipation) Ordinance, 1948, and

(4) The rift between Tito and he defendant to sell the property.

(5) The new regimo Plaintiff claimed from the defen- said that under section 5 which

in asking for leniency Counsel) practised a ruthless and relentless Cominfor

Czechoslovakia. (0) Italian dant damages for breach of warrant dealt with Japanese assignments he pleaded that Yokohnia would not subjugation of prisoners to severe section (1) The series of friend-

to of

was looking forward judicial

in nuthority assessed at $23,000.

Section The defence claimed that the de-pronouncement,

11 of the have carried out such ill-treatment physical and mental tortures

confessions

to ship and commerce treaties between in had he not been ordered to do so by order to extract and balance of

the Soviet Union and the Eastern posit

alleged crimes. MY20,000 of

Ordinance, he said, was very

nations.

Unlled (0) him

that because it did his superiors

the European the purchase price MY130,000 were teresting to

Clague sald

(9) at Paris. Yokohale was charged with being vid Clare not paid the defendant

defendant but to Mr

whom Nations Assembly prisoners seem to give the Court the widest P. H. Sin then in practice in Hong-pewers to declare that a docuraent, concerned in the ill-treatment of Yokohala was cllarged

with

- Excetion of Truman. (10) Kasen-

kina case.' sub were.. legal practitioner. The defence also claimed that by not valid by the ordinary practice civilian residents in Shanghai, and treating showed they

Forsythejected to the water torture, electrio of the Japanese Land Office, should in particular to Henry for the

completion in fact be construed as on instru-Pringle,

Haindrava. torture, Alexander

of the body by the agreement were conditional ment carrying out the true intea Ernest Le Roy Healey, the Rev. W. lighted cigarettes. kicking. beatings

les and

Editors of Westem Europe chose upon the acceptance by the Japan-tions of the parties.

H. Hudspeth, Kenneth William John- with bamboo poles

s'rops.

following: (1) Berlin airlift The case is proceeding.

Aller

to and William Slide Bungey. slone an

edjourning

consider the

war in Europe. (2) detained in the cells of the Head-

Yakohata's

a's plea, the Court decided and cold quarters of the Shanghal Gen- that they could

It in Election of Truman. (3) Communist not accept

In Czechoslovakia. (4) darmerie at Bridge House, causing view of the evidence before them, roup

Organisation

of the Union them all physical suffering, between and ordered that the trial proceed.

Western powers. (6) Rift between September 1 and November 30, 1942, Fallowing his opening address, Tito and Cominform. (0) Assassina- while serving as a cerceant in the the Prosecutor adduced evidence by tion of Gandhi, (7) Assassination of

way of affidavits.

Bernadotte. (8) Struggle for Palestine and founding of Israel. (0) Italian-elections.-(10)-Chinese civil war.

editors made this choice: Tied for first and second place--Truman's election and illness King George which caused the cancellation of the Royal Tour of Australia. Tied for (3) (4) (5) and Baby, (0) Princess Elizabeth's

assassination, Count Bernadotte's death

of Gandhi and India's Inde pendence, Berlin airlift and cold war in Europe. Tied for last four places Chinese civil war, Kasenkina case, Marshal. Smuts defeat in the Paris, Dec. 8-The UN Poli- South African elections and the recognise the American-backed Election of Truman. (2) Berlin tical Committee voted tonight to struggle for Falestine...

South American editors chose: (1) Government in South Korea as airlift and cold war. (3) Bogota the only lawful government in uprising during inter-American con Korsa, and to get up a Korean

Assassination of Commission despite fresh Gandhi. (5) Italian elections.

Founding

(B) Kasen- would boycott the Commission. kinn case: (9) Marshall Plan (10) The Committee voted 41-6 with Possibility of United States and two abstentions for the American-Canada Joining Western European Australian-Chinese resolution laying in a broad programme for guld-ations in a defence pact-Uniter ing, Korea to fndependence.

Mr Sheldon, in his opening re- ntement of marks, sald at the statement defence was most embarrassing and it was quite impossible to find out defence really trom -1 what the was. He pointed out that the pleadings--were-not Chien who had nothing to do with them. Mr Sheldon submitted that the only defence was one in law and then followed the computation of the damages claimed.

Lhose -of-Mr.!

TO AMEND STATEMENT

Gendarmeric. -

REITERATES PLEA

Landon, Dec. 8-Marshal Stalin the Czechoslovak tonight received ministerial delegation, which arrived

When Yokohata pleaded guilty this Moscow เท Moscow yesterday.

morning, the President of, the Court Radio

reported.

asked him if he fully realised the Minister Molotov Was Foreign

nature of the charge against him. present at the reception.

Accused said he did and reiterated The delegation headed by the

his plen. Czechoslovak Prime Minister, Atonin Zapotocky, Mr Chen here interposed to say Za

included the Forelgti The Court comprises Licut-Col. to Mr Minister Vladimir Clementis, Fin-S. R.. Kerr (President), Major B. H. that he was very grateful,

Minister Ja

Jaromir Dolanoky Craig, Buffs, and Capt. H. M. Me- Sheldon for drawing the attention ance of the Court to the fact that the and the Minister of Industry Leod-Martin, Middlesex (Members), ploadings were not his. Ho would Augustin Klimint.

The Prosecutor is Major Peter ask leave to make an application to When the delegation arrived fu Clogue, 'RA (of the Army Legal the Court..to amend the statement Moscow this morning

Department,

Services

it was of defence if the Court should and officially stated it would negotiate | FARELF). that Mr Sheldon was embarrassed | "silll closer tes af felendship and by this and if the Court found that | alliance" with the Soviet Union---- there was no denial of the facts Reuter.

SIDE GLANCES

COME. SPIE BY NIA SERVICE, MO, T, M.

By Galbraith

"I bought a new girdle today and it's simply diving your father will have to take us out, tonight so 1. can be

soon in

GHQ

an

The accused Mr Kakchi Masao (Japanese barris

is represented by ter) with, Capt. W.R.L. Herries us advisory officer to the defence. In submitting to the Court abstract of the evidence against ac- cused, Major Clogue said that in many cases no definite charges were preferred against the civilians Im- prisoned in Bridge

House and their Interrogation revealed that the chict ronson for their arrest was that their duties discharged in their official For business capacity bad involved opposition, in same form or another, to Japanese activities prior December 8, 1941,

RUTHLESS TORTURE,

The Prosecuting Officer said that the Kempeitai often possessed nu material evidence which would have alled the trial of these prisoners, and certain members of the Kempeltal were principally con- cerned in obtaining "confessions"

Between the dates men loned in tia charge the Shanghai Kempelial

UN Council To

The trial is progreding?

S. Korean

Govt.

Recognised

of

Australian

outh

warning that the Soviet bloc American revalutions.

of Isruel, (7) South

The plan, which now nges to the

Preis.

ORIENTAL

AIR CONDITIONED

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L ́ARTHUS MAAN PAJSINIS

XIV OLYMPIAD THE GLORY OF SPORT

SHOWING

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PRODUCED BY CASTLETON KNIGHT

Cathay

At 2.30, 5.20

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TODAY'S MOST AMAZING SENSATIONE

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PİTİR LORKE SIE CEONIC HARDWICKE

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67. FRANK LLOYD PRODUCTIONS IN NEXT CHANGE: ERROL FLYNN in "ESCAPE ME NEVER".

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THE MOST EXCITING GANGSTER PICTURE EVER FILMEDI

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Victor McLAGLEN. AZOTH CENTURY-FOX PICTURE.

COMMENCING FRIDAY John WAYNE * Henry FONDA Shirley TEMPLE

in "FORT APACHE

COMING TO THE

Lee Matic

GOOGIE WITHERS

LNA OLYNIS JOHNS

GRIFFITH JONES JOHN MɛCALLUM

Miranda

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HARGARET AUTHERFORD

VLADE BACON SUITAINETTUA

Radio Hongkong

NIKT

full Assembly for anuraval, sata un OUTWARD MAILS does

nine-member Commission which would authorise travel through the Russia and American occupation Zones of Korea. 11 would super- the withdrawal of Russia and the American occupation forces as early as practicable."

THURSDAY, DECEMBER D

Closing Times By Alr. Kunming. Lluchow, Amoy, Shanghai, Nanking. Jankow Tingian, Pelping. Swalow and Chungking, 330 Din.

Rangoon, Calcutta. Karachi, Bahrein, Alexandria, Nairobi. Johannesburg, and Marseilles vin Alexandria) Bome and London. (Kowloon CPO) 4,30 p.m.; (GPO) 3.p.m.

Bangkok, Singapore, Batavia, Colombo. Sydney and Auckland, B. p.m.

Japan; 5 p.m.

·SOVIET ZONE BAN The Ukraine was placed on the Commission event

the "of or Ukrainian delegate, Dmitri Manu- ilsky, warned that he would not sit on it. This obviously meant that the Comm'selo. would not br allowed to enter the Soviet occupa-

Closing Times By Bea Strati, 3 pm.

Amoy. 3°

Formosa via Keelung. 3 DJTL

PRIDAY, DECEMBER 10

Closing Times By Air" Shanghai, 830 am. (reg); 9 am, (ord), Bwatow and Amoy, D am, "(reg); -0.30 Shanghai, Nanking, Tiankow, Taingião, Pelping, Swatow, Amoy, and Talpen, 3.30

not allow it to supervise anything.m. (ord).

Furd

Stay On In Paris Jon Zone and that Husain would

Paris, Dec. 8-The United Na-there." tions Security Council members will. After passing the anti-Communis; remain in Paris until January 1, it resolution, the Committee rejec ed 8 pm. was" announced on Wednesday," in rival Russian resolution to abolisti

An Informed UN course sald there the ola. United Nations Com is a "real" possibility", that the mission. The vole was 40-4`wi hi Council may act on Israel's mem-three abstentions, bership hoplication before it moves

to Lake Success,

Dr

ང་

iHow York, aurly

| Manila, Honolulu, U.S.A, and Canada,

Ale Farcol-Porta; for Manila, Honolulu and US.A., Kowloon. CPO), #30 pati (GPO) Bp.m. 77:

Light

16. Programme Tummary: 0.1.

and .Frederick Harvey (Baritones: 8.30, La Derni-1loure Francale6tudio); 7, Wertd and Bome News Bondon' Kelay); 718, Musle from the Film 7.30. "Dews · Best Dises" prosented by Pool Glanet (studioj: 8. "From the Editerinia" (Londen Itulayı #10, Univerly Protrans. Thuộc thử Applied Science" No 2-"Plystes". by Professor N. F. Modɩ (BUCTA); -8.00. "Concerta" Concerto in D Major, D2 61 (Beethoven) ...........Fritz Kreisler (Viol'n) and the Landen Philharmonic Orchestra; 0.15. Book Haview. . “Great -"Books" "Shakeipetre K, the Human Spirit"),A Talk by Professor, Dover Wilson

•

Phone 58335

17 Hankow Road, Kowloon

TO-DAY malili

2.30, 5,10. 7.20 & 9.30 p.m.

Season's Greetings

from Raf

to a Rat!

(you won't forgert

GEORGE RAFT GEORGE BRENT RANDOLPH SCOTT JOAN BLONDELL VIRGINIA FIELD COLORES MORAN

ANN HARDING

"CHRISTMAS

EVE

San Marino Seeks

War Damages

San Marino, Dec. 8.-Tho Govern- {BCT}; 0.30, "Crime Gentlemens ment, of San Marino, the world's Please" A Comedy Thriller by Max sinaltest Renublic, jos ordered its Kester With Nauton Wayne and Basil

Pro

Radford (BDCT9; 10, Radio News Reel Charge D'Affaires In Paris, Signor London Relay); 10.16, Weather Hepari Angelo Donati, to go to London to 10,30,"Thuray Serenata"

press, its claim for £2 million dam- Continuous Music: 10.50; Baof

· to 'Ambroro and Its · Orchestra: gas for the "Indiscriminate. 11.15, Weather Report and Close: Down. | bombing" of its capital on June 26,

Chinese Soldiers Visit T. W. Kwok

The San Marino Foreign Minister, Signor Gino Glacomini, suld today.

that the Republic will appeal to the United Nations and to the World A Court at The Hague if the "British Ordinary Air) Malia · (Pefited: Matters, Samples and Small Packet Posis), Kor

- "A" imall" perly of more than 10 - Government ? refusest to meet its. Manila Quam, « Honolulu, and USA:

Chinese soldiers who arrived in The two votes completed the Kowloon CPO) 4:30 p.m.; (OPO) 3 pm. Hängking by the steamer Shantung. Folitical Committee's work for this bo. Bydney and Auckland, B. p.m.-

Dangkuk, Singapore, Sourabaya, Colom from Tientsin was seen outside the He added that the British Govern- American zaion of the Assembly. In Dalgon-and: Paris. 9 pm,

Hongkong - and” Shanghai „Bank | mant hnd disclaimed' megpbosibility: "Buliding of tifo time today seeking because they said Bán 'Marino had Straits, 101.11.

an Interview with emicals of hir T. been occupied by Gorman forceE/ Canada Via Vancouver, 2 p.m.NAI W. Kwok's office for assistance, The Foreign Minister declared this “Shanghai E Dm, VOPRE bid. It was learned, whenever at dividing Korea and for approving peng, punct is understood that these soldiers was a "tactical error!" since Clarmints. least six.ather: Cõunalt membert slections conducted under condi, Bandakan, Rabaul-Australis will be repʻiriated tifo » China E-by troods did not violate "our ferritory, pledge their support to make up the dose of polles, coercion and represa mkono Bydney 1pm. Mr: Kwok aftomers as soon the unfl two months after the bombing

Trámköng: and. Pakhqi | via

"DECORSETY/SErangements are made. Neuter, vetoed majority Associated Pression United Press,kes

in 'January • Ch. Jussures Council, onto abolishing the old. Korean Closing Times By dea

denuty on the 11-nation." will remain hero tantil January Commission, the Riussian rosðlution Ho will press for approval of Israel's would have

denounced it, for

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