4
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ESTABLISHED 1841.
LOCAL AND GENERALÄ
THE CHINA MAIL"
We are informed by the Colonis! Secretary that the Government of Hongkong has made arrangements ra send a further $50,000 to Swatow for relief purposes,
Mr H. M Hind, who since 1908 has been attached to the Far Eastern branch of the Phoenix Assurance Co. Ltd., has been appointed manager for India for the Phoenix and Norwich Union Companies, with beadquarters at Calcutta, Mr. Hind is travelling by the "Sardinia" to take up his new appointment.
WEDNESDAY, SEPTEMB SR 6. 1922,
HORTICULTURAL SOCIETY. BENTS ORDINANCE TEST tention be accepted, then the standard
ANNUAL MEETING,
LOCAL HORTICULTURE IMPROVEMENT.
CASE.
IMPORTANT POINT DECIDED.
In the Summary Court yesterday alternoon judgment was given by Mr. Justice Wood in the test case brought under the Rents Ordinance, 1022 in which Ip Yuk-kwong, merchant of 100
rent of the dornestio tenement in that prov dedfur in the first leitingafter the Lievue of the Balding. Authority's cor-
at in May last, amely, $60 per mensem. Ca this basie the defendant has made default in the payment of be ap reprinto rent and the order for! possession should be made against him.
TRADE MARK CASE.
LOJA
SUMMONS WITHDRAWN.
COMPLAINANT APOLOGISES.
Mr. H. B. L. Dowbiggin presided
Yast week Mr. C. Ingenohl, pro- over the sanual mesting of the Hong
prietor of the Orient Tobacco kong Horticultural Society last
The plaintiff relies on Phillips v. Manufactory of Kowloon, summoned evening, and it was attended by the High St., Victoria, claimed possession Borurit.' (1928), 126 L.T. 173. [the Hongkong Cigar Store, of following members: Miss Wallace, of premiees and the amount of rent that case the owner of three dwelling Alexandra Bailding for an alleged Mrs. Aubrey, Mr. W. L. Pattenden, due from Fong Hon-sam, trader, of hours, contiguous to each other, had misuse of his trade mark on some
25 Centre Street.
made extra ve altriations and en-cigare sold by the Store, and the case Mr. J. Owen Hughes, Mr. E. F.
In giving judgment for the delen-largemente with a view ioconverting was remanded for hearing. Aucott, Mr. E. A. Bam, Mr. E. L. | dant, His Honour said:
the lines into a factory. After the
This morning when the summons Sim, Mr. J. P. Robinson, Mr. H. Han-
The plaintiff is the owner of house alterations were completed the pre- was again called before Mr. R. E. cock, Mt. E..D. C. Hornell and Mr. No. 25, Cautre Street. The defendant mise were demised as a factory to a Lindsell, Mr. M. H. Turner, who Sir Laurence Guillemard, Govero: P. A. Dixon (hon: secretary).
is in occupation of the second floor of new naat at the rnnual rent of appeared for the complainant, said or of the Straits Settlements, and
The Chairman expressed regret to this hous. The plaintiff claims an £700-tbe first ix months' rent that the latter was the owner of This certain trade marks used on cigars High Commissioner for the Federated members that the Committee's Report order for possession of the second (£350) bring raid i advance. Malay. States, has left Loadon had been issed so late. The Free-floor under the Rents' Ordinance, actin was brought by the new manufactured by his firm. From cer- | teban's under section 14, subs ction tain information received, the com- on his return to Singapore. His Ex deut, hon, treasurer and hou, secret 1922 (Ordinsaco 14 of 1922), cellency is proceeding via Canada by ary, and half the Committee, went on
On January 11th last, the def. 1, of the "Increase of Hent and Mort plainant was led to believe that the Jatenet (Restricticon) Act, defendants were using his trade marke the C.P.R. steamship "Melita."
leave or left the Colony just after the endant was the tenant in actual oc- gaze Lady Gaillamard will remain in Engla-t exhibition, and difficulty was ex-cupation of the second floor. He was a 1920," to recover from the owner the on a quantity of cigare 'not made at land at Tower House, Tite street, perienced in finding members to un- monthly tenant of the plaintiff under difference between the rent paid by his Mongkok factory. Acting on this Chelsen, until Nov. 1,
dertake the duties of hop, treasurera verbal agreement, lunar months be them and the standard rent formerly information, Mr. Ingenobl obtained and hon secretary. The Committeeing adopted for calculation of the paid by the previous tenants in
On inspect- thanked Mr. N. L. Watson and Mr. P. tenancy period. The standard rent respect of the three houser. It was ante cigars voiced.
payable in respect of his tenancy was bold by the Court of Appeal that the ing the cigars however, the de-. Sta'ute did not apply to the building fendant discovered that they were of $3 per mensem.
In September, 1921, a notice as r constracted, on the ground that his own manufacture. Therefore the issued by the Building Authority the identity of the old houses could complainant had instructed him to under the provisions of section 206 o no longer be established after they appear in Court this morning to say Th that his action was absolutely un- the Fublic Health and Buildings Or wers converted into a factory. finance, 1903, (Ord, 1 of 1903) was letting to the plaintiff was, therefore, warranted, to offer an unqualified served on the plaintif By this the first letting of a new building and apology to the defendants and to ask notice the building was declared the rent payable under the now lease. his Woreb pe pennission to with- angerous to such an extent that £700 per annum, was the standard daw the summois. partial demoliton had become necees rent, and alse aloy the limit of the
ry. The plaintiff was ordered to Act, take down the whole of the flank
His Excellency the Officer Ad- ministering the Government has A. Dixon for so kindly taking over received a despatch from the Secretary these positions at short notice, of State for the Colonies to the effect Thanks were also due to Mr.. A. E. that he has appointed Sir Frank Eagle for auditing the accounts. Swattenham, G.C.M.G., late Governor The report of the Society's activit- of the Straits S ttlements to be Chair. ien, as drawn up by Mr. Gibbs before man of the Committee for the Farbe left, spoke for itself. Ltd. East Group in the British Empire
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stable would, it is true, be a
Exbibition, 1924.
Amongst the passengers leaving
A few items of the accounts required explanation. Printing and advertising at $538,15 showed a large increase. A considerable portion of this sam was incurred by publishing and issuing to all members the valuable papera on
EXTENT OF THE RECONSTRUCTION,
a warrant and had the delend-
Mr. II. L. Dennys, for the de- fendants, said he endorsed all that Mr. Turner had asid, and wisbed it to be fully understood that I wil bere set out the facts which bis clients had done nothing to show the nature of the reconstruction ja tify their being brought up undertaken in these premises. The before the Court. The complainant work done cost $4,200, a sum almost bad compensated the defendants sufficient to build entirely a Chinese and had given tenement house of this character. apology in
an anqualified Court. His cliente
by the 8.8. "Katori Maru to day are Mr. F..X A. Silva, who is sailing Roses and Dahlins by Mr. R. A. wall, and portions of the front, cross,| for Lisbon to represent the people of Nicholson. The Society had also and tear walls.
Apart from shoring and prepara Macao in the Portuguese scoate and printed and issued to members a fiat tion of architect's plans, the plaintiff Mr. J. M. da Rocha, Senior Partner of such of Sutton's seeds as had been took no stess to comply with this of Messrs. J. M da Rocha & Co., w found to be a success in Hongkong. notice until the 11th January. Be is going to London. Mro. da Rocha, who is at present in New and it was hoped that these various then served on the defendant a nulice The rear wall, the flank wall and the wire eatinfied and therefore ha York, will meet Mr. da Rocha is publications would prove useful and to quit immediately, in order that interior wall were removed and re- would also ask that the summons ba lead to greater accessca in members' the instructions of the Building erected. The foundations were carried allowed to be withdrawn; and that gardens. The cost of erecting Authority might be carried out. The down dearer than the original founda- the Magistrate make an order for the mataheds for the Show was ag in defen tant quitted the premises in actions. About nine feet was cut off return of the cigar to his clients. higher. The Show itself was run at a cordance with this notice. He made from the lack of the house to provide
The Magistrate: The case is with- considerable loss, owing to the Strike, and gate receipts showed a big decline. The Committee was grateful to kind friends who gave generous donations to the prize fund and thereby helped very considerably.
London.
The Chinese Minister at Washing ton, Dr. Alfred Sze, was entertained to dinner by Mr. T. II. Whitehead on August 1, the other guests invited to meet him being Sir John Jordan, Sir James Cantlis, Sir Paul Chater. Mr. Bruce, Mr. A. G. Angier and Mr. R. Gwyn. Owing to the Reform Club being closed for annual cleaning, the dinner took place at the National
Libera! Club.
The death took place on July 28, after an operation, of Mr. Arnold Ellert, of 35, Inverness-terrace, W., at the age of 64 years. Mr. Ellert, teen tous undertaking but it can be who was formerly the London manages done and must be done. Other cities of the Diaconto Gesselschalt. marne i the widow of the late Mr. James have had to do it." Belfast, tos Hart, Commissioner in the Chinese instance. We suggest it ng ar Maritime Customs, and a brother of effective cure. Whea it comes the late Sir Robert Hart, the MOPPING UP OUR CRIMINALS. to the matter of prevention Ins, ector General,
there is one factor to which the Gɔ.
Hoxoxoxo, Tez DAY, SET 8, 1927.
By now the Hongkong authorities expacted to make a serious attemat
vernment ought to pay close atten-
Continuing. Mr. Dowbiggin said: "You will see that our membership rose to 205, which shows a steady in crease but, though gratifying, the Committee feel the total should be
so petest of any kind, nor did he re-open space in accordance with the re-dawa then, and the cigars ate to on sorve expressly any rights under his quirement of the Public Health, and returned. tenancy. The premiers were then a Buldings Ordinance, 1993. A cock- Put pulled down and reconstructed loft, its capable of becoming a by the plaintifi
demestic 'enment, was added to the On the 18th May a certificate was third floor. More than half of the issued by the Building Authority roof was remo-ed and replaced. The under section 201 of the Public kitchens were placed in different Health and Buildings Ordinance, 1903, positions The position of the stair that the premises, which had now bo-case was altered. On the other band,
4
ARMS CASE.
REHEARING GRANTED.
c me "new building" within the the building remained the same height, Mr. AE. Hall applied to Mr. R. E. meaning of the Ordinanca had been followed the same line of frontage and Lindeell this morning for the reheating built in compliance with the provi- the same site boundaries. The front of a case in which a ship's boy em- sins of that Ordinance. The house, wall facing the street remained as it ployed on board the R. H. 5. efore, was on that date-ready for was. The angle of the roof was uo Empress of Asia" was last Saturday occupation.
changed. The party wall dividing the sentenced to 6 month's jail for the The plaintif still proposed to let Laue from the next house was unslowfol possession of three revolvera. the second floor as a separate domestic affected. The premises are still num He said that when the caB1 W&S tenement. On the 17th May the bered a before and are still let out by hard, the defendant had told the plaintiff and the defendant made a floors for domestic occupation. Magistrate that he was merely carry- verbal agreement for a monthly In deciding this matter ball being the pistola for a passenger who tenancy, again adopting lunar months, guided by the judgment of the Di-cond not be found. "But I have got of this domestic tenement, ata rantal visions Court in Woodcardo. Samuels, him now," Mr. Hall announced 'henco of $60 per mensem.
[1920]. 89 L. J. K. B. 689. In that this application."
mach greater, I would impress on all members themselves to take more interest in the Society and do their bert, to pro! new rombare and encourage their friends to take an interest in their gardens. Old_mem- bers are frequently leaving the Colony and we look to members to gather in new comers as they arrive and there by sustain the Society in it en deavours to spread and encourage horticultore in Hongkong. If you consider for a moment you will be According to to-day's Cunion astonished at the numbers and
The first month's rent was paid in case a dwelling boose, once occupied The Magistrate said that even then Times. Geaeral Tip Kue has sent in varieties of plants and flowers that
a whole, was later divided into it did not alter the fact that the advance under this agreement. The at where crimes are most frequently quishing his responsibility over the and how through these varieties be-
the with committed
plaintiff's consent. The action was brought under the would be prepared to review the case to check the wave of crime which
not well enough Cantonese Troops so that he may ing exhibited at our annual Shows, Subsequently the defendant claimed Increase of Rest and Mortgage In.if the passenger could be riduced. lighted. That makes it easy for have a little time for rest. appears to be growing greater every
In con- many other people have been that the standard rent payable interest (War Restrictions) Act, 1915," Mr Hal: Of course, he does not without sideration of the good works done to encouraged to try and grow them. January last still attached to (5 and 6 George V. c. 97), section know I am after him. Í admit it is day and is beginning to make the crimes to be committed
the troops and his ability, General Ten years ago or a little more, no the domestic tenement. For the 2 of sub-sections 1, 2 and quite clear wy client was in possession, one attempted to grow sweet peas second, month be tendered that 3. The plaintiff a new tenant but what I desire is that he be given lose his assistance. The commander here. M.. A. Nicol showed us to what amount (with a voluntary addition of one of the fists claimed an ap- the option of a fine. The passenger in-chief therefore proposes to sppoint excellance they can attain and now calculated in accordance with section portionment of the standard rent of broke his journey at Shanghai and bim as Chief Military Councillor. As hardly one of us but does not have 14 of the Rents' Ordinance, 1922.) the whole house to determine the rent arrived here only yesterday, I want soon as General Yip has agreed to this sweet peas in our gardens during the
payable for his flat. The plaintiff a warrant for his arrest. proposal, the order to that effect will winter. Only as recently as 1918 did
The Magistrate granted the warrant be issued.
succeeded in the County Court and again on appeal in the Divisional and the application for the reheating. Court. In giving judgment in the Divisional Court, Sankey J. said:--
ought to have realized that they are tion. Our back 'reets in the places his resignation with a view to relin-hav: been introduced by members defendant occupied the floor, again, three flats which were separately let. defendant was in possession; but he
828
Colony an angles and sort of place to detection and easy for the detected Chen Chiung Ming does not wish to
live in. The local press, at any rate, has been telling them so. The news. papers have held a consultation and decided that the patient is sick and
criminal to escape.
LOCAL AND GENERAL.
needs medicine. But they have not The new Prime Minister of China, done much in the way of prescribing Wang Chung-hai, is a barrister of the a suitable remedy. The "something and a man of 40. He is one of the Middle Temple, educated in England,
Dr. Sao ke Alfred Sz4, Chinese mu-t be done" chorus ought to bare Young Chin leaders, and was China's Minister at Washington, who has besa been dropped long ago in favour of a strong man in the discussions with on a visit to England, left on geanine effort to be helpful.
Japan on Shantung,
It is a tough problem to tackle and
action.
in the street or inside a house, should Esq., of Atherton, Lancs.
A FRIENDLY TEST CASE,
While a gang of osolies was
Mr. Ho Kom Tong send in a low po's The present action is brought to of linaris to the annual Show and test the fegal validity of the Dow it is a common variety with us. defendant's contention. It is a
have only to remind you of the friendly action and is, as I am in It is not immaterial tɔ are the na pioneer in roses by Sir formed, a test action for other
In the first place it seems to me im- Aug. 5 on his return to the United Paul Chater and Mr. R. A. Nicholson States. His Excellency has taken his on lower levels, and Mr. T. E. Pearce material to enquire whether the first Water was Isid on to all three floors-engaged in shovelling earth on the the solution of it calls for drastic tween Second-Lieutenant Daryl J. E. England,
The engagement is announced be children, who are being educated in on the Peak, to enable you to appre-tenancy of the defendant terminated and silks and gas cookers were in- billside near No 20. Condait Road, with him, and after ciate the progress that has resulted in or survived on the 11th January, It stalled on each floor." In deciding yesterday afternoon, a piece of rock First of all we want Klein, late Chinese Labour Corps, spending the summer holiday in the the last decade. These few instances is admitted that, on the date of the that the rent of the undivided dwel- suddenly fell on one of the men, thorough combing out of the criminais, second son of Mr. Herman Klein of States, they will again return that occur to me at the moment are issue of the present writ, he was not sling house must be apportioned, he killing him instantaneou·ly,
40, Avenue-road, N.W., and Joat, to be ready for the
sufficient I think to show what this trespasser. He was then a tenant in said, "To hold otherwise would lead and the potential criminals, amongst elder daughter of Mr. and Mrs. Jalins opening of schools, accompanied by Society has done and can continue actual occup.tion, having commenced to very strange results. One of the ue. That might be done, we suggest, Meier, of Portland, Oregon, U.S.A. Mme. Sze, The Minister's eldest son to do towards the encouragement of his tenancy with the content of the results of holding otherwise would domestic purposes, by a separate let- plaintiff, and as such may claim to re- be that the landlord might retain one ting of each floor, in accordance with by a series of organised raids on a big
is at Winchester College, where he is horticulture in Hongkong.
of the domestic or two rooms of the house for his own local custom. This domestic tenement, scale. District by district the whole A marriage has been arranged, doing very well. It is expected that I beg to move the adoption of the tain possession
tenement on due payment of the ape and let off the remainder as though improved, has not lost its parate dwelling at a greatly increased identity in any way. For this reason, Colony should be gradually" mopped and will shortly take place, between Dr and Mme. Sze will return to China report and statement of accounts.
Mr. Peter Keeble, of Yokohama, towards the end of the year, but the Mr. J. Owen Hughes seconded and propriate rent. up" and sach house searched from Japan, and Miss Katharine Lyon children will probably
In a recent case in England rent, although he would be unable by in my opinion, the circumstances of remain the motion was carried.
{"Schmit v. Ohristy," LAR. [1922] 2 reason of the Act to increase the rent this case have more in common with top to bottom for arms and house-Barrows, "eldest daughter of Mrs, to continue their education.
Mr. W. L. Pattenden proposed a K.B. at p.64) which was concerned of the whole house."
those in" Woodward v. Samuels" than breaking tools. Every Chinese found Burrows, 5, Cumberland Honso, W.8,
The later consolidating and amend-with the facts in vote of thanks to the retiring offierm, with the Increase of Bant and
"Phillips v. in the area being mopped up whether and the late John Beacome Burrows, Mr. Edward Gray, FR.G.S., of with special mention of Mr. Gibbe's Mortgage Interest (Restrictions) Act, ing statute, "The Increase of Rent Barnell."
The Ordinance has protected the Australia House, Strand, has conceive services as bon. secretary. Mr. Gibbs 1990, (10 and 11 George V.C.17, and Mortgage Interest (Restrictions) be subjected to the same procABS.
ed the idea of conducting parties had been associated with the Bociety section 3 sub-sections 1 and 2), the Act, 1920" in section 12, sub section interests of the lessor in two ways, Saspects ought to be arrested and British Empire Exhibition, 1924, trouble. He inaugurated the scheme Mr. H. Hancock seconded and the mises although the tenant in actual
The Executive Council of the round the world, relieving them of all since its inception and its success was principle has been again affirmed that provides as follows: "This Aot Re may claim under section 14, an
largely due to his efforts.
the standard rent attaches to pre-shall not apply to any dwelling house increase of rent beyond the standarti called upon to establish their respect have decided to establish a coin-in 1920, and last year he was respon-
...reconstructed by way of rent, by an annual sum equal to 8 the amount (above ability under pain of being sent ont prehensive section dealing in sritis for a second tour, the distance motion was carried with acclamation occupation may change. The judg. conversion into two or more separate per cent on
popular manner with every aspect of covered by him in the two being up-
flats or tene $500) expended by him ou additiona ment of the Divisional Court, read by and self contained- tropical medicine and hygiene by wards of 61,000 miles. This year he
ar improvemente. Under section 24, Properly to clean up even a section means of pictures, photographs, starts again in November with a third Dowbiggin as President was confirm by authority that the standard rent
The appointment of Mr. H. B. L.Action J., stated "It is now settled mente,
The local Ordinance contains no he may apply on the ground of ex- of a street would require a lot of men. models, and actual specimens. In party, proposing to fra 93.000 ed, on the proposition of Mr. Robinson is a rent stereotyped for the premises provision parallel to this amendment ceptional circumstances to the There would have to be cordons to addition there will be a fully equipped miles. He will take his charges to secunded by Mrs. Aubrey.
Governor in Council for an order ex- to which the Act has application. The in the English law... laboratory. pruyant evasion and here, perhaps,
| India, Ceylon and Australia in the P.
cluding his property from the Mr. Ram proposed, and Mr. Hornell Act operates in rem and not is per TO PRESERVE THE STATUS OF THE sad O. R.M.S.Naldera." The party seconded that Mr. B. F. Aunot be enam." This remark is equally trus
operation of the Ordinance. the military people might to able to,
"I find, therefore, for the defendant. In addition to the regular ship. will be transferred at Sydney to the electes hon. fressurez. - This - was in relation to the focal Ordinance > It is unnecessary to emphasis tha -help. Why should our soldiers not mente of sino that Low go forward "Marella”—a boat built at Hamburg approved, "
18 12 A “NEW BUILDING 1 dificulty of finding principle to He has tendered the standard rent take a band in the job! They would from Hobart to Australia, exports are | early in the war. Three weeks will be Mr. P. A. Dixon was elected bon The plaintiff contends that the alcover all asses. In general the Court payable in respect of this dementio probably enjoy it. The moppers Up Japanses steamer "Hekkai Maru," journey will be made overland to Chaimman, seoonded by Mr. B
The moppers uping want to averted market. The spent at Java, and from Shanghat the secretary, on the appaltion of the bastions have changed the builting will fantoc the which ginestenment. The plaintiff is not entitle
completely out of all recognition, with effect to the intention of the Ordinance to the order for possesion which" would need to be «fying column early in June, stonk 5,948 tons for Peking, Tientsin, Mukden and Korea; The following ware appointed to the the cult that onder the Oahuanos to preserve the bisher of the tenant has claimed. **
Mr. Vanx (for the defendant) asked capable of such rapid movement that China and 'Japan, this being the first thence to Japan for a month, and Committee M. Aubrey, Mise the domestic tenement now acoppied in the present chao, however ex- the Chinese would never know when direct, shipment to the East. The home acrom Carade, where the trans Wallace, Mr. N. L. Watson, Mr. B. F. by the dafendant should be classified busive the reconstruction may tare for coate and the application was
Eastern Australian or, were to sxpect them at teamsy Eastern is to load 2,000 in easy stages. The cost of the tour Toby H. Thornton, Mr. B. B. C. the tarmant coupled by the same of the same type and are still
company Continental railway trip will be taken Airer, Me H. Green, Mr. Ho Kom a new sad in no way Identided with bran, the premises fare nagtinued to granted.
Hr. F. B. Nisk van solicitor for the The cleaning up of our Augeantons for the Eat
in £1,400.
for dar Hörnell and Mr. J. B. Robinson, coolpartyti. January lágh." If this: ook defined for useje de form
of the Calony as undesirableitun
OFFICE - EKANERS.
די!
TENANT.
_7