M
Page
TO-DAY ONLY
Red-Blooded Romance
ROSCIRODAS, it needed the
||10,000.
the bandaceae bandit and hiá
Gist., who dared the whol PEN-Sot love!
A MENT 2. LEONAS
MacDONALD
2.30, 5.10.
& 9.30 P.M.
on EDDY
THE GIRE of the Quinem EDT
TO-MORROW Gaumont British
• SHOWS
DAILY 2.30-5:20
720 -9,30 WE
"We To Her
WATER PIDGEON
LEO
subpr
CARRILLO EBBEN
----
Duvind by Haber! 2. Lornad Fredated by Wis. Anthony 25/Chuáre
SYLVIA SIDNEY
"THE WOMAN ALONE”
THE CHINA MAIL, JULY 1988.
BALANCE OF HARDSHIPA FINDING IN EVICTION CASE
QUESTION WHETHER REFUSAL TO MAKE AN ORDER FOR POSSESSION OF THE THIRD FLOOR OF NO. 23, JORDAN ROAD, KOWLOON, WOULD INFLICT GREATER HARDSHIP ON THE OWNER THAN THE GRANT OF IT WOULD INFLICT ON THE TENANT WAS DECIDED BY THE ACTNIG PUISNE JUDGE, MR. E. H. WILLIAMS, IN THE SUMMARY COURT. THIS MORNING WHEN JUDGMENT, WITH COSTS, WERE AWARD- ED CHAN WING-SANG AGAINST M. RAMZAN FOR POSSES SION OF THE PREMISES.
In delivering judgment, Williams said in part:-
Mr. particularly if it meant the breaking up of the mess. Four of them had |"messed": together for about six years.
In delivering judgment, Mr. Wil. The rent of the flat was very reason- able. It was most conveniently situat- liams said in part: “
ed for at least four of them. The point, “Plaintiff has recently become the however, on which they laid greatest owner. of the whole house, Defendant's stress was that they are strict Mua- tenancy was determined by a valid no-lims, requiring their food to be prepar- tice to quit on May 31, 1938, but ed in a special manner. and that defendant has invoked the aid of the wherever they moved to they would re- OSCAR HOMOLKA in Prevention of Eviction Ordinance which quire a flat in which their cooking ar- came into force on June 8, 1988 and rangements were quite separate. Var- asks the Court to refuse the Order un-ious flats considered were too small for der the powers conferred on it by Sec- their mess, were already booked or tion 8 of the Ordinarice.
were tog expensive. Plaintiff endeav- Under that section the Court has oured to persuade, his own landlord to power to refuse to make an order for give them a vacant fiat in No. 35, but possession if it should appear that the without success. He took steps to in- of a vacant flat in proceedings are harsh or oppressive, form defendant' ́ ́ or that exceptional hardship would be Wu Sung Street. Defendant and his caused to the sitting tenant by the co-tenants deny any knowledge of such making of such order but thy Court, is premises and say that in any case Wu prohibited from granting it where it is, Sung Street is an unsuitable locality satisfied greater hardship would be for men of their station in life. I agree caused to the landlord by the exercise with their contention on this point. of the power than would be caused to the tenant by the refusal to exercise
MAJESTIC
THEATRE
NATHAN. ROAD KOWLOON
TÜL $7222.
MATINEES: 20€-30€ » EVENINGS: 20c ~30c50c:70.
FINAL SHOWINGS TO-DAY.
THE BEST PICTURE ROBERT TAYLOR HAS EVER MADE 1 it.
A
RANK
.... but a blus-ayad English “lassle famed him). It's Bob's fightin'est filml
ROBERT
TAYLOR AYANKOXFORD
TUESDA
THE MASTE
ARSEN
LIONEL BARRYMORE
BELL IN HAT
$5 Vivien LEIGH: GRIFFITH JONES.
WAY
D WEDNESDAY
TURNS
Chau Ming, about, 20, was
morning brought before
Edwards at the Central Magistracy,
charged with stealing a hat
and
THE YEAR!
CHOLERA SPREADS IN PEIPING
LIVING -NEARBY
NO DESIRE TO BREAK UP Throughout the hearing of the case
I was struck by the fact that whilst making every effort to find suitable Plaintiff lives at No. 85, Jordón Road premises for a mess, the defence did (3rd floor), where he has resided for not appear to have given serious con- two years. Until 1937 he had with sideration to the possibility of break- him resident his wife, three sons, and ing up the mess and finding individual three daughters, but the two youngest accommodation. Plaintiff alleges that daughters aged 6 and 7 went to Can-one of the members told him he could ton to study.
get single accommodation but that the
Defendant, who is an Indian, has problem of preparing food was the been tenant of No. 28 Jordan Road for difficulty. This member denied he had over two years and pays a rent of $50 made such a statement. Another mem- per month. He is employed as a timeber claimed it was essential for them keeper at Holts Wharfs The floors to live in a mess on account of the food run as a bachelors' mess occupied by problem; that even if he could find a defendant and four other Indians. The fat for himself the expense of run- four members who have salaried posi-ning it would be too great. This wit- tions earn from about $100 to $170 per ness admitted to me that he had not month. In deciding the question of re- tried to find any premises for himself lative hardship. I must therefore con- and that all their efforts were concen sider what hardship would be caused trated on finding a suitable place for not merely to the defendant but to the the mess. Evidence was given that five occupants, as defendant is merely the number of Indians resident in Hong their agent for the purpose of paying Kong professing the Muslim faith was about 200 who live mostly in messes or married quarters. I find it very difficult to believe that the five occu- pants, if driven to break up as a mess, On the March 28, 1938, plaintiff re- could not find individual accommoda- ceived notice to quit No. 85, Jordan tion among the other members of their Road by the May 13 as the landlord religious community. required the flat for his younger brothers, refugees from Canton owing
rent.
NOTICE TO QUIT
PLAINTIFF SUCCEEDS
to air raids. For the same reason, a I have come to the conclusion that - few days later plaintiff's two youngest the refusal to grant the order would daughters and his two young brothers with their families left Canton and tiff. My reasons for this decision are cause greater hardship to the plain- came to stay with him, making the that I am satisfied plaintiff is not a number of occupants of the flat nearly
twenty. He has stated in evidence grasping limdlord who desires to evict that he felt morally obliged to house tenants merely in order to get a much his younger brothers and their families tiff acquired this house for two reasons, higher rent from new tenants. Plain- on the grounds that they were mem viz, No. 85 had become too small for bers of his family (in the wider mean- mia augmented family and he was un- ing associated with the word by the der notice to leave. When he secured Chinese); they were in his employ in No. 28 he could not have expected that Canton and were now entirely depen- he would have been unable to enjoy dant on him? It Was obvious indeed
? that any suggestion that he should The second floor of No. 28, which is the ordinary rights of a house-owner. refuse to shelter them would not be en- much smaller than the flat at No. 85, tertained by him for a moment.
isaltogether too cramped for his res This sudden descent on him of so quirements. He must, of course, f
face many relatives combined with the pre-the possibility that he may have to give Peiping, To-day.
vious notice to quit made him deter up No. 35 (he has already given up The spread, of the cholera epidemined to secure a house for his own part). It is more reasonable that with breach of a Deportation Or- mic has compelled the officials in occupation and taking early steps he members of a family in the wider sense der..
this city and in Tientsin to issue purchased No. 23 Jordan Road for should live together Father than that Detective-Sergeant L. HO
Oakley strict
about $29,000 on the 19th April, 1988, five persons unrelated should continue gulitions, one of which is some six weeks before the date of the to live in the same mess. prosecuting, said a trap was set by
a.pro
ainst travelling to coming into force of the Ordinance. He
I am well awa that it may be im- complainant, a bell being put inside
not been examin-next caused notices to quit expiring onl the hat. Defendant tried to take.
the May 31 to be served on the tenants possible for defendant to find suitable medical
of the 2nd and 3rd floors. The tenants premises in which to continue the mess the hat, the bell rang, and was certificate.
of the 2nd floor vacated on May 16 but I believe that if genuine efforts caught red-handed.
having found accommodation in Na- are made suitable accommodation can than Road Defendant did not va- be found to house defendant and the
other members. - It may however cate the 3rd floor.
some time before defend friends can make proper arr
A sentence of three months' hard labour was passed on the first charge and saven months on the se- cond
provided with
The unusual weather has result ed in a rapid growth of the epide mic and frst aid and the Red Cross depots are examining and inoculat ing thou of persons daily. Tra
DEFENDANT ASSISTED
Plaintiff made every effort to defendant in finding alternative: ters, Among it possible: ught to the notice of ère flats in Natkan Road,
Road. In th ntin even one
I therefore måke the fol
Bist
rder:
- Defendant is to vacate N senior before the 80th day of Sept
1988 with pa ent of rent 15:1
sy on whic ready, given direction under Section 3.
tenancy
absist "determined
Kuven
ice to
牌
cost