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THE CHINA MAIL THURSDAY, NOVEMBER 20, 1947.
LADY CHAN CHAK IN
TENANCY CASE
Judgment in favour of the appellant, Lady Chan|
Chak, was delivered by the Full Court yester- day in her appeal on two points of law against the decision of a Tenancy Tribunal which re- fused her application för possession of ́ ́ 11,│ Hart Avenue, Kowloon, occupied by the res- pondent, her tenant, Mr. Francis Britto. The Full Court comprised: "As the appellant; has succeed.. Chle!
Justice Sir Henry Jed on. both grounds of appeal. Blackall; Pulsne Judge Mr. E. H. her appeal, would in the ordinary Williams; and Additional Judge course be allowed and the maiter Mr. T. J. Gould.
finally disposed of. But, the pro- The two points of law, which sunt case is somewhat peculiar. formed the ground of appeal, "A. Tribunal should not under wtre:
rection, id of the Ordinance con (n) that the acceptance of rent {sider the questions of relative did not amount to the creation of [hardship and alternative, accom. in new tenancy; and (b) that the (modation unless they were first application should be dealt with juntioned that the premises were under the Proclamation, in which freasonably required by the land case the question of comparative jiunt as a residence,
| hardship could not arise.
"Since then the Tribunal come!
Unmanifested
Cargo H.K. PLANS TO CELEBRATE
Seized On "Tsinan
An estimated five toms of unmanifested eargo were seized on the 8.9. "Taihan” “Just as "the ship was about to leave the Custodian Wharf for Swatow and Amoy yesterday. A large portion of the contraband goods was discover- ed in the cabins of the Captain and other Officers.
Chief Preventive Officer Brown's' men, making the usual routine search, found unmanifested cellophone, dyes, elgarette paper, gaccarine, plęce-goods hidden in the cabins, cook-houses and crow quarters.
The vessel was not allowe, to leave until 6. pin. when all the seized "gooda had been unloaded.
No arrest have been made,
Women
Angry
At Arrest
Of H.K. Nurses
ROYAL WEDDING
The Royal Wedding (Princess Elizabeth and Lieutenant Philip Mountbatten) will be cele- brated in Hong Kong today with the 25th Field Regiment, Royal Artillery, firing a Royal Salute following a 45-minute program- me of musle by the massed bands of Land Forces, Hong Kong, at Sookunpoo this even- ing.
tho
The programme will begin at ↑ The ships, inking part will be
"London", 6 p.m.. but all spectators are re- HMS
"Gambin", quested to be in their seats by "Adamant", "Congistice's "Co 6.45 pm.
met", "Comus". and "Con- The uncovered stand at the cord", and will be himinated western end of the Army sports up to midnight. ground has been reserved for all Diplomatic Visits ranks of the Services in uniform
It is also announced that this and their families.
morning. members K In conjunction with local cele Excentive and Legislative Coun. It was unanimously decided at yesterday's meet-brations, is Majesty's Ships in clls are to call at Government harbour will conduct scurehouse to offer the congratula- ing of 'women's organizations and leading light__and fireworks displays tions of the Councils through women in Hong Kong, held at the Hong Kong tonight.
Hir Excellency the Governor Hotel Roof Garden, that a letter should be At 9 p.m. sharp, sirens will to I.R.H. the Princess Elizabeth sent to the Commissioner of Police, requesting he sounded on all British war on the occasion of her wedding. Mr. T. W. Kwok, Special that steps be taken to ensure that incidents, ships in the harbour followed by
n four-minute search-light Commissioner for Kwanglung similar to that which occurred outside the play.
and Kwangsi will also be pre- Hong Kong Hotel on Sunday night, when At the end of the search-light|sent. three nurses were wrongly arrested as street-display, sirens will be sounded It is understood that the Appellant was nccordingly xt.
walkers, will not again take place.
again followed by the fring of Duyen of the Consular Corps, qulled to attend Court
be "In the circumstances, I think
The nurses concerned Misses | Shen, Mys. Lambert Kwok and frisckets and flares up to 9.18 p.m. Mr. G. D. Hopper, and mer brivá examined as to whether the pre. the appellant should attend be. Pauline Tong. Tam Mal anrepresentatives from the Chin mlies were actually to be requir. | fare this Court to be further Shum Satching ... were present | esu Y.W.C.A. Hong Kong Chin- fed for her residence and alsri un fexamined as to whether she re
it the meeting.
ese Women's Welfare Associa-MOVE TO RE-FORM The question of alternative De autres the premises for a re
tion., Hong Kong and Macao) commodatiop.
PROVINCIAL vidence and an the question al
Chinese Women's Association. julternativ, necomme:intion."
Both Mr Justice Williams analy
|it|National Women's the Justice Guld enncurred in might result in the friendly Mai Fong Girls' School the above judgment,
lations which existed between | Chinese Vernacular Schools, Great Britain and China þing
monaired.
The Court, however, fund sto a finding about bardship. It that, appellani had sugereded_on Julght. perhaps be inferred that both grounds of appeal, a. Tri. they were sotialed on the other section matters. bunal should not under 10 of the Ordinance consider the "The Trinat wus, however, question of relative hardship and comprised of laymen and ainet alternative accommodation un. they were satisifed that it would less they were first satisfied that in any event be more of a hard the premises were reasonably shin to grant than refuse the ab. required by the landlord us a re. ¡plication, it higy be that they sidence,
dál not think it necessary to go info other factors.
Appellant was
In Box
in the witness box practically the whole of yta. terday, giving evidence in sup. port of her claim. Judgment was reserved for 9.45 am, this morn. Ing,
Lady Chan Chak was repra. Mr. Leo d'Almada then put his sented by Mr. Eldon Potter K.C. Jelent, Lady Chân and the Hin, Mr. Leo d'Almada ovx. e Castro K.C. (instructed by Mr.
She said she came to live in Y. K. Kan of Mesurs. Lo & Lo), Hong Kong as early as 1927 and while Mr. B. A. Bernacchi ( oefore the war' owned various
structed by Mr. H. J. Armstrong
of Messrs. Deacons) appeared
for the respondent Mr. Franels
Brittn.
Judgment
years.
session
1
11. Hart Avenue, Was
wn occupation.
They expressed a wish that the fincident should not be un-
magnified, otherwire
ant; }
GRAND LODGE Association.
OF CHINA Efforts are being made to re- form the Provincial Grand Lodge rf China. R.A.O.D. in Hong Kom.
Personalia
Sir James Oxberry Lodge' is,
of the Corpe, will also enllat Government Houac 10 contry congratulatons.
Reminders
Today
Portuguese Institute First Session. Y's Men's Club Lunch, H.K. Hotel,
12.45 p.m. H.K. Artists Gulld Preview of Paintings, King's Theatre
of Land Frees
present musien). programme In honour of Royal Wedding, Sookunpoo, 6 p.m.
Navy Storchlight Fire. warka Display In celebration of Ryn Wedding, 9.12 mid. night.
The meeting was presided over) Chak in the
by Lady Chan Chak, Chaleman of the Hong Kong and Kowloon Women's Association.
Mr. 1.M: MacDougall.
of course, active., meeting re-Massed Bands gularly on Fridays at the China After Miss Tam Mel, me of Colonial Secretary, is deputis Fleet Club, and it in hoped to properties but now her sole posthe nurses concerned, had ad-ing for the Governor, Siri form a Lodge at Kal Tak, with Royal which she taught last year for resed the gathering on her Alexander Grantham, during Sdren Leader Green and wn behalf and on behalf of the latter's absence from the St, Polls, R.A.F. Transit' Mess, her sister nurses, the nayi Colony,
taking a leading part. Sir Alexander speaker sald that the matter
and Lady
HMS. London, which has Was not one which affecter a Grantham returned yesterday arrives on the Station, bringa few, but the masses as n whois. | from a courtesy call on the
many members of the Order This speaker expressed the Guvernor of Macao, Commander with a floating dispensation of view that the police had been Oliveha ang Sephora. Oliveira,the Grand Council and hopes to over-zealous in their duty and and will leave for Canton 10- open a Lodge in the near future, that if they had not their authority, the would never have taken place.
She said sho
were
Hemocraty
exceeded my row to call on Dr. T. V
Incitent Soung, Governor of Kwangtung.
·
She wanted the house for her self and her nine children, aged In his judgment the Chief Jun.
between B
who and 16, tice said:
now crammed into à room at the "Under comm:n law where a tenant continues In occupation, Navy Club, Canton, where sh
herself had to put and the landlordt necepts rent, an
up when in the place Was inference may in certain circum-Canton, though stances be drawn that the land. uppsed for men only. lord has entered into
When Mr. Bernacchi put it to new ten. ancy agreement with the tenant.
be that she lived in a 3-story "But under the rent
restric. building next to the Navy Club, Don legislation of recent
Canton, and also owned n, house
"No Democracy"
Arrivals at the Hong Kong the tenant has a statutory right in Shameen, Lady Chan Chak
Another speaker adid that forel yesterday. Included. Mr. to remain in posscasion until the broke into tears and hotly dented landlord obtains, an,
the statement.
the last wor bud,bien, fought |R.F.. Ridgy and "Mr.",J.F., eviction
wanted a per- for democracy, but it sene Howarth. The departures were order, so the mere acceptance of rent is not
manent place to live in, as by from what was faci from which i would be legitimate to infer that virtue, ci her social position and there was lite of the spirit of Brown, "Mrs. G.A. Shellim
happening. Mr. A.H. Loveday, Miss" S.C.
the landlord intended to create a her.conacelion with women's
In ličigr Kong. two children and - Mr. S.G organisations in new tenancy provided he issues Social welfare his
for summtas
could not pos. where it was no longer safe for Gimberg. the Colony, whe possession within such time as, having re
sibly live indentiitely in hotels. respectable women to walk 19 gard to all the circumstances, the sider her children whom
Furthermore she had to con- the streets.
Arrkals at the Gloucester she Court regards reasonable.
The speaker said that women | Hotel included Mr. J. Momeje, "In the present case, there is wanted to put in school in Hong had apparently lost their right Mr. R.Z. Levi, Mr. G.V. nothing in the evidence to show King. that there was any real intention he asked why she had waited about
In reply to Mr. Justice Gould, freedom, the right to walk Lloyd-Davis and Mr. and Mrs. freely and that the G. C. Badger. The departures to create 111 new tenancy nar
six months before she me had come when they should included Mr. A. Brancker, Mr. were there.
any clrcumstances five or from which that intention ought took action to evict respondent, travel alioutlo ̈closed-seelan S. Pflug, Mr. F Marshall, M. to be presumed.
Lady Chan Chak said that be chairs to be safe from malta- and Mrs. Ruffett, Mr. and Mrs. "I think, therefore. that the cause of her social position she tation by the pollee.
C. Nixon and Mr. and Mra. Tribunal war wrong in holding wanted to avoid liigation if pow
She urged that steps be takon | E. C. Luscombe, that a new tenancy had been sible,
to ensure that the rights of created.
She accordingly instructed ner solicitor, Mr. Marcus da Slive, to women are not infringed in thei arrange for an amicable
Arrivals at the Repulse Bay settle. future. ment, with respondent.
Other speakers suggested that Hotel yesterday included Mr. The departares By this she meant paying him the Commissioner of Police P. M. Milne compensation for moving out or should be requester to take included Mr. C.B. Newberry "But nezo-isciplinary action against the und Mr. and Mrs. A.C. Lader- of the Ordinance, the application tiations foll through because offending police officers and titriere. should be dealt with under the respondent wanted too much." Ordinance or the Proclamation. she said.
.
Other Ground "The other ground of appeal is whether, where proctedings for recovery of possession were commenced before the enactment removal experists.
terpretation is that the repeal of Britt another house at $500 A an enactment shall not, unless a month.
Lady
Chan Chak's
public apology concerning the
'
"The general principle of in. She denied she had offered Mr. Jincident should be forthcoming. Mr. W. Courtney, of the
Those Present
Kemsley Press, arrived in Hong Amongat those present, at Kong y.sterday from the Unit contrary intention appears, utfcet any right accrued under the re that she had been into the house Calcraft and Mrs. J.E. Noble port Command plane.
evidence the niceting were: Mrs. W.L.ed Kingdom by an RAF Trans- pealed enactmeal.
neveral times was denied by Mrs. This principle is embodied in Pinna, sister-in-law
Interpretation dent.
section 12 of the
Ordinance, 1911.
"The first question to be con sidered is whether the notice to quit was an accrued right, As
to this, a mere right existing in
the members of a community or any class of them to take ad. with- vantage of an enactment,
out any act done by an 'individual towards avalling himself of that right cannot, properly be deemed an accrued right (Abbott Minister for Lands 1695 A.C, 429 at 431).
*.
"But if a party sets the law in motien during the existence of the repealed enactment then, even though the laws altered during the pending of the action, the rights of the parties will be
| decided by the low as it existed
clear intention to
the contrary
of reapon.
of the Hong Kong Connell, Miss Cecilia
Women'a
Mr. Courtney is on his was to Tokyo to interview W.F.
SCAP and to report on the British Occupation Forces in Japan,
He has with him. a movie film of the Japanese Surrender In Tokyo Bay in 1946, which will be screened at the RAF' quarters, at Kal Tak tomorrow. Mr Courtney covered the Pacific War with the Austra- llan Forces..
Pirates Blasted From South China Sea
-Shanghai, Nov. 19........ .... The Chinese Navy has been so successful in blast- ing pirate ships out of the South China Sea with modern cannon that surviving pirates spread the word that "battleships are after them," according to reports reaching Shang- haima
The following arrived by
OAC flying-boat from Singa re and Bangkok on Tuesday: Rogers, Col. Johnson, Capr. Brigadier Hamilton, Brigadier
Troyaldwyn, Sgt. L.R. Allen,
Actually, the Government is They prey on unarmed junks Messrs. H. Wait, A, A. Gorme when the action was begun, un-uning American landing ships and small, ubarmed passenger ly, T:P. Leng, Clarke, S. Bar less the new legislation shows of various types. armed with ships-plying: southern coastal allay, E. Schouela, H. Djemai. for a statute is prima-tacle oro. cannon and heavy machine routes north-east of Kwang Hughes, Mdme. Cheong Sow-
guns, as well. as fast motor howwan and ships are forced ching and Mian Beaven. spective,
"In the present case, the land. Junka to rid the seas of the into cover or inleta. ford did. commence proceedings ancient pirate monace.
The Government, armed for Dr. L. H. McElncy was among
for eviction before the repeal of In the latest engagement the first time will modern wen- the passengers who left for the Proclamation and the appli-around Hainan Island five pons from surplus American England by, yesterday's BOAC ention should therefore be nd. judicated upon under the Pro. pirate ships were sunk off the war material, is determined to "Speedbird" flying-boat. Other clamation unless thoro is some south-east coast...
tagit stamp out the menace. provision in Ordinonco 26 of Bome who managed to ronchi 1047 which clearly shows an in-shore fed inland with a fear tention to interfere with existing of high explosive in their rights."
hearts, spreading the word that "battleships" wore lying in, wait to blast any pirate junk seeking
DON'T KEEP IT TO WOURSELF
OR 24354
aboard the same aircraft were!" It is understood the Govern-Messrs. K.C. Johnson-H{}}, ment's tactica are so effective J. C, W. Buxton and B. Atlung that many pirates desire to re- for. Poole; Mrs. Fun - Lih-tell, turn permanently to their rice Mr. Fun Schuan-achih and Miss addles and fishing boats. Fun, for Augusta; Mrs. M. G.
Executions Douglas, Miss J.M. Douglas
La capture any unarmed coontal|· Muanwhile, it was announced Master, B.A. "Douglas, '***for Vossel. P
that 11 pirates captured, nlong | Gairo;.../Mrs. "R,D:" Nowhcure": the Chektang coast were oxccu- und Mr. G/K." Fhlug for Cal. tod on the southern outskirts of cutta; Mr. §.A.D. Alagoff, Mr. Manking at noon today V Ramaswamy and Mr. C.S
They were sentenced to death Weng, for Bangkok......... A by shooting by a military court ARIVANJE
There new few pirate brigands of the sea: "Most of them spend their spare time tending farms and posing as 'innocent landlub
** Olhora-ply the knaliing; trade, which comleted the pirates, for 11. Dir. J.-H. McElnoy' Mr. W/R/ with only an occasional foray KIUIng dumerous passengers Braxton. Mr.“ ALE. Horhosi Weed afto capturing theirívesen, MPH Clark, Mr. G:CJ; HồL.
It is estimated that there are post of the 11 executed mun ter, Dr. and Mrs. AV WAF Int'l Cart: 6,000 pitaji aplive in were members of a river östrol ters, and Mr.M.C. Johnson
this Bouth China Sea aut Inland mmolt in berstüb: Mipper penyertag till arwegmong now arrivals at↓ "waters,"
Lodge Australia No. 167 plan hold a meeting at the China Fleet Club on November 26.
DONATIONS
Chines! Young Women's Chrisí in Assolation 850, Anny nou $5. Mr. Jolin Hall $100,-Mr. and Mrs. D.C. Fay $10, Reazived tu
Toini $2,744.
17 November, 1947 82,579.
M
¡
Welcome. Reception for Rev. George She and Mrs. She, St. John's Cathedral Hall, 4.30 p.m.
Coming Events
TOMORROW &
Little Flower Club General Meet- Ing. King's Park, 6 m. Central British School Contort, 18.40 p.m. Kontakan bebe
Dairy Farm Company Meeting, 11
...3.
& Luncht out RMS. "Can-
ton", 1-2.30 nm. --
NOVEMBER 24
Stangela Bali (in all of Boys &
Girls Clubs As.), H.K. Hotel.
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