Page
i
THE CHINA MAIL, SATURDAY, APRIL 17,- 1043. ·
EVICTION APPLICATION
BY MACKINTOSH'S LTD. Witness Protests
To
Tribunal
An application by Messri, Mackintosh's Limited of Alexandro Building, for an eviction order against L. Mercado and Mrs. Kovach of Mayo's Shoppe, was part heard before Mr. D. L. Strollett, sitting as a Magistrate in Tenancy Tribunal "A" at the Supreme Court yesterday.
Mr. B. C. Field, Secretary of the Hong Kong Lond Investment and Agency Co., Ltd., who was the only witness called of yesterday's hearing, protested against being subpoeaned as o wit- ness on the ground that he was an interested party.
applicants
of the
and
Tobacco Find
}
A party of Revenuo officers, under Mr. D. H. Knox, ralded 920 Canton Road, second floor, at 10.30 p.m. on Thursday and found 397 bs, of prepared Chinese tobacco on the premises,
Cheung Mui, A 55-year-old woman, who claimed ownership was charged before Mr. W. 11. Latimer al Kowloon yesterday.
The duty, sald Stevense Officer Knox, was $1,191, but the loss of revenue by the Government was consulerably greater as the wo
ing and welling dutiable tobuceo since the re-occupation.
She was sentenced to a month's imprisonment without the option
of a fine,
restrictions on the usual effect of auch tenancy in regard to notice
back
be
Robbery Charge
Against Alleged
Wood Murderers
to quit. He had in mind that this Committed by Mr. W. A. Blair-Kerr on Friday last monthly tenancy could
when terminated in due course
on the charge of the murder of Lytton Bovis 10 come pplicants were free
Wood near Lion's Rock on Fab. 11, Lau Hoi but there was no dennite commitment to applicants, as he
alios Lau Yun-hoi (20) and Ho Cheuk-kui was anxious to help everybody as much as possible. In fairness, he
(26) appeared before the same Magistrate must say that he had never con- at Kowloon yesterday charged with armed templated turning Mayo's out into the streets.
robbery at Pa Tong (Kowloon City Rifle Range) on Jan. 29.
He did not agree that the offer to Mr. Merendo was dependant on
After evidence was heard, with a slekle and the other an and both defendants were commit-iron bar, cut some strings ted for trial on the new count.
rope from hla vegetable basket, and According to the prosecution, hands behind their backs.
bound his and his son'a
the They were then taken to room occupied by Ng Karn-hung and his wife, Li Kiu, and made cupants both of whom he 110- to sit on the same bed 93 the oc- ticed, had their hands led be
were
pplicant's requirements, nor that he committed himself definitely to applicants, they might go into men stated that she had been buy, quidation. However, he did have | six occupants of the warden's applicant's requirements at the hack of his mind.
but at Pa Tong were unlucp On Sept. 19, 1943, Mr. Meyer told him that he on the night of Jan. 28. would like the Hong Kong Landa-vegetable gardener, got up and Just after midnight, Lau Sang, Investment and Agency Co., Ltd, sow it shadow at the side of the lo let the premises lemporarily to kitchen. By the light of his torchhind their backs and their heads other people, and to let him ar-Lau saw a Chinese.
covered with pieces of cloths. Mr. D. A. L. Wright, Instruct- the order for eviction of the ap-h
Tenge with the occupants for the When Lnu shouted out, "Rob He and his son's hends were ed by Mr. J. T. Prior of Messrs, potents, because the
but were just staking Field said that he
use of the show cakes etc. Mr.bers." the Intruder, it was allegalso covered with cloths, sold Wilkinson & Grist, is appear-net nirendy sufficient accommoda-tenancy.
did not re-ed, sald "Not robbers, but the witness, who added that some 10 Don Muckintosh's ing for Monsra.
for their business at 7B their cluinn,
adding that there minutes committing himself to Red Army,"
later his wife WILD Alexandra Building. On the other Mr. Merendo, by a letter of ember
evleting opponents when the time were six or seven of them. Limited, applicants,
brought in and made to sit on the hand, the eviction
- Aug 21, 1940, signified his agree
came. He could not remember Two other inmates, henting bed with them. ponents would result in their be- ment to deal direct with the op- whether it was or was nut a term Lau's shout, rame out and
They remained in the room, ing driven out of business
plicants, who maintained that it deprived of their means of live- was clear from the subsequent of the original arrangement that immediately surrounded by six or guarded by a robber armed with vacate on the seven men armed with a revola revolver, for about two hours. correspondence between the three pponents should parties, that applicants never for
return of applicants.
vor, a handgrenade, a chopper, a When he heard the Intruders Opening the case for the p-
sickle and an iron bar. They were leaving he shouted out for The a moment altered their Intention
Not Liked
taken back to their roomŃ and Shing and Ng. Ka-shing as they plicants Mr. Wright said that at
We did not remember making a bound with ropes taken from the were not in the same room as the the outbreak of the Pacific War, about acquiring the entire prc-
were the tenants of mises for their business. When belnite stipulation
others. to opponents vegetable baskets. applicants two shops in Alexandra Building, the opponents failed to vacate no that they must vacate on return At 3.40 n.m. on Jan. 20), a re- These two shouted back that 78 and 7C. The owners of
the a result of the notice to quit, a of the applicants. The very feet port was made to the Kowloon they were in the adjoining room building in which these two shops complete deadlock was reached that he gave a tenancy determin- City Police Station by Lau Sang which the robbers could not break were
notice left and Ng Kam-hung, and Det.-In-into, witness. The two men came were located were
Hong because under the Landlord and able on one month's The Land Kong
them, concluded' and Tenant Proclamation, the op-hen Investment
free to determine on one spector C. Y. Sul and Sub-Inspec and released
making for Macdonald led a Police party Lau, meath's nolice without Agency Company Limited. On the plicants could not get them out.
the reasonable to the scene. No trace of of the Colony, Mr. Applicants had to pay the rent
stipulation for occupation
Fast any
Cantne robbers could be found.
On Mackintosh, managing director of for the entire premises to the termination of the tenancy.
In the early hours of Feb. 23, of the applicants, was interned in
owners and continued to collect July 20, 1940, notice to quit was defendants were arrested in Stanley. The other directors and
rent from the apponents, which given to Mayo's at the request at hut at the Sang Lee Yuen Ciar- entitled to da Messrs. Wilkinson and Grist, who dens, sald DSI Matelies, and the the rest of the European staff they were quite
stall without
waiving any of were prisoners of war at Sham-
their had written On behalf of
op-first accused was tdented by licants. The letter to Mayo's re- Ng on Feb. 25 and Ll Klu (Ng's pation of Hong Kong, the tenants Mr. Merende carried on business ment.
shulp Camp. Prior to the war, rights under the original agree-red to an understanding of the wke) the following day.
Mr. Wright then quoted of Gloucester Baking were or-
Out No. 1 South Arcade, Gloucester authorities to support his con-year before. Mr. Fleid said that
Lau was unable to identify dered to
The Best to vacate.
The opponents, Mr. L. Mer- cado and Mrs. Kovich, are re- presented by Mr. B. A. Her- sacchi, Instructed by Mr. Y, K. Kan of Messrs. Lo and Lo.
In their pleadings, opponents claim that they became tenants of the disputed premises under the following circumstances,
Building,
At the time of the mathreat of the Pacifle War, the first opponent was the tenant of promises at No. South Arendte, Gloucester where he carried on business of hai-maker un- der the style Mayo's Shoj›pe. First opponent had then been in occupation of these premises
eight years. During the Jupnnese occu-
the
do.
or ranne n1
[or some
op-
The Company, by letter dated Oct. 1. 1848, mureed to allow first opponent and second opponent to remalu on the disputed premises on a monthly lehoney at
་
Is the"
monthly rental of $450 per month. plus rates. The opponents denier that the agreement with the Hong Kong
Land Investment and Agency Co., Ltd, contained the express term that the tenancy was terminable by one month's notice on the applicant's requiring their former premises for their busi- ness. Alternatively, if the said agreement did contain any such term, such agreement was in law and in fact superseded by the laler agreement made between the applicants and the opponents whereby the opponents breame tenants of the applicants as from
lihood.
both
Notice To Quit
there was
At this time.
no possibility of applicant's resuming business immediately, owing to lack of stock and the fact that all the staff required leave at home internment. recuperate after However, Mr. Meyer had discus- slons with Mr. Field of the Hons
to
Kong
tention,
Land Investment and be
{wo
Lou's Story
POST OFFICE
room
Outward Mails
otherla elated. Registered Artialem and Parcel Pesta alois 30 minutes
close before 10 ... Registered and earlier than the Ordinary Mall. St Mall
Court Orders Inquiry
"It is possible that he could have the money taken from him by the fokis. I should like you to make inquiries and let me know the results," said A. J.
Mr. Clifford at the Central Magistracy hawker do- yesterday when clared that his money ($40) was taken from his pocket by one of the Health Department fokis.
Building.
he presumed that the reference anybody at the parade as he had ponent was
vas compelled to remove On or about Sept. 4, 1945, Mr. Witness Protests to an understanding meant the his head covered during the rob from the said building to the pre-
rangement regarding a tem-bery. of applicants. a director re-Meyer, a mises in dispute. Upon the re- was released from Camp and he submitted that it was the case for
In this connection, Mr. Wright arrangement
porary tenancy
and that
op- occupation, Mr. Mercado request found the opponents, Mr. Mer-the applicants that they were en
ponents would give up possession
In evidence, Lau stated that ed the Hong Kong Land Invest-
endo and Mrs. Kovach sharing titled to an eviction order under on return of the applicants. Tak-when he got back to his ment and Agency Co., to be re-o
Shop C and using
une armed applicant's Section 18 (1) of the Landlord in the letters together, he pre-two of the robbers. instated to his former premises. fixtures and
Mr. Meyer nt and Attings
Tenant
Ordinance which sumed that that was the intention, which the Company declined to
once had two types
but he could not remember clear- of notices
that
occupant y stipulated
the printed, one of which read:
"Pre-
re-should vacate the premises on the mises belong to Mackintosh's return of the former tenants..
When asked about opponents' Lid." This notice was put up on
Mr. Field, who was then called reaction to the notice to quit, Mr. aps, 7B and 7C. The other
Field said that shaps,
they did not like notice, which read "Property of and who was appearing on sub-
It at all. In being
reply.
Untern they wrote poena, protested against was affixed to the called as Mackintosh's,"
Inspector Fox, of the. Health witness. He said that he asking for alternative accommo-
sald various fixtures and filtings. This
Department, he was present when the man was arrested. He was somewhat prejudiced in the dation. An answer, pointing out was done with the permission of
the previous arrangement, was Mr. Mercado.
Parcels will close at 5 pm, on previous case in that he was representing sen opponents.
was sure no-one took his money day. the landlords and had very strong.
Answering Mr. Bernacchi, wit-
as he was only a few yards away BATURDAY, APRIL 17 personal opinions as to fairness,
at the time of his arrest. Insp Aloring Times Dr.Ale...." quite apart from the legal aspects. Dess sold that the notice to quit
Canton, (Kowloon C.F.0.) 1.50 a.m.,Fax added that unlicenced hawk- Besides, apart from the written of July 26, 1946, did not super-
sede subsequent negotiations, He 10 Am, 12.30 pm. 3 p.m.; (G.P.O.Į ers had a "gang", and they were evidence, everything else WAB did not really
expect that op.m., 0.30a.m., Noon, 1.10 p.m. doing all in their power to get based upon memory of some
ponents would give up possession. Airmail for Shanghai, (Reg.) ́D a.m., some of
of the most émclent fokis years or so,
from the Health Department dis- The object of the notice to quit (Ord.) 0.80 a.m. It had been pointed out After
Almall for Manila P., Honolul missed by inventing a lot of the
relation-
U.S.A. and Canada, (Ret.) 0.33 a.m.. by Mr. Wright that Mr. Fleld had was to determine
cock-and-bull stories. to be called and that it could not ship between his Company and ord, Can
opponents.
Airmail for Aalgon and Paris, (Bez.) The man In question was Li be helped if Mr. Field's memory It was Intended to leave ap-11.20 .m., (Orl.) Noon.
Hing, who appeared at the Cen Agency Co., Ltd., and as a result, did not serve him the latter said plants to deal with the situa-
that the
Airmail for Hangkok, Rangoon, Catrat Magistracy yesterday on a a temporary monthly tenancy in that the prin tenants of the
principal respect of shop 7 was granted premises were actually Messrs.ion. Mr. Field said that he did culte. Karachi, Bahrein, Cairo (Nairobi, charge of hawking food for man
Watson & Co. Ltd.
not regard the notice to quit as Johannesburg and Marseilles via Caire). to opponents.
Augusta and London, Kowloon C ket in Wanchal. He pleaded
place other than the mar It would
the of Sham- transferring dulo or otherwise; (CK.) 2.36.p.m. ((r.).
Guilty and on hearing that he --be-established-- by
hu Which-to-
"opponents, statutory Or evidence that the opponents knew shupo Camp on Aug. 31, 1945, he and agreed that the
to applicants. He could not re- tenancy noticing
Mayo's that
Shoppe was
member if he had any converɛn- would terminate when the ap.
No. 7C, while
the tion with Mr. Meyer or with the pilcants returned to the Colony whole of No. 78 was locked up.
representatives of the applicants to commence
business. Mr. Meyer Mayo's Shoppe was on the p before notice to quit concerning would say that he had frequent mises without the previous know- | rutt conversations with Mr Mercade, ledge or permission of the land- future relationships between ap- with whom he was on friendly lords.
On Sept. 19, 1943, Mr. Mercado terms, and that he had made i quite clear that applicants were wrote to him, asking for permis- going to restart
to re-occupy his former pre- they would
require the entire mises in Gloucester Building. On preraises of 7B, and 7C.
Sept. 21, the landlords
repfied On Oct. 4, 1945, Mr. Meyer pointing out that they could not departed for England and did not give permission for the re-oceu- return until July 25, 1040. Before falion of the premises in Glau- Mr. Meyer Jaft, Mrs. Kovach op-cester Bulkling. ns there were proached him and alleged that certain difficulties in the way. Mr. Mackintosh had assured her Offer To Mayo's that she would be granted a
May Cheo-ching allas Arising out of a question by yhig, 36, and Chan Yuk-sim (35), tenancy of small portion in 7C.
op-bath, married women,
To of Mr. Meyer would any that he told Mr. Wright as to whether
ponents were good tenonis, Mr. Cheung Sha Wan Road, second Mrs. Kovach in no uncertain Field said that the tenancy ques- floor, were remanded for three terms that
Mr. Mackintosh reflon
not quite so simple. Įdays by Mr. W. A. Blair-Kerr at quired the whole of the premises There were all kinds of ind that she could not expect toxiderations. They might have been of procuring an abortion on March con- Kowloon yesterday on the charge acquire any portion of them.
On the day following the return good tenants as regards Alexan- 25.
Sept. 1, 1940.
Notices Affixed Lastly, opponents claimed that no hardship would tre caused to grooting the applicants by not
COMING TO THE ★ KING'S ★
DANNY
ARE YOU A MITTY?
SAMUEL GOLDWYN
*VIRGINIA
KAYE MAYO and the Goldwyn Girls
The Secret Life of Walter Mitty
BORIS KARLOFF
FAY BAINTER ANN RUTHERFORD „bound by SAMstbourne (20)
| Danent by recastādīY. MELROG ·
ball Phone due piezoksidermen manen
bates may be pada la banan Bucur' of Phnewgraphy LES CARMEL ALE.
Sdual antaŭ Bude Posen lan,
WATCH FOR THE MALS OPENING DATE
I
RIP KIRBY
later and that
sion
not
was
-came-
"Aut
Ap-
plicants and opponents. Plicants occupied more than 75 per cent of the total premises let. Hearing was then formally ad- journed until 10 a.m. on Friday, Apr. 23.
(x) p.m., (Ord.) 3.80 p.m.
Airmail for Shangbul, Nanking, Han-
in a
was to be sentenced to two
the
kow, Talnatas and Peiping, (Bax.) 3.m.,months' hard labour without the (Ord.) 3.80 p.m.
option d a fine he made allegation.
Closing Time My Bes and Train Macko, Tsinshan and Bhekki, -8 mm. Bwatow and Amay, 10 a.m. Swatow, ..
Marso, Tsinshan and Bhekkt, 2.p.mu Canton (2nd cluw mail only), 2 pm. Japan (Urd. teilers and cards only),
p.m.
Swatow, 3 p.m.
Bhanghai and Parcela only for Canade Tim Vanemuver £1.C., à p.m.
Formosa via Takno, 30.01. Helphone, p.m.
WOMEN ON GRAVET and Haiphong, I p.m.
CHARGE
a fairly serious condition.
Macao, Thinchan and öbelki, 4 p.m. USA, Canada, Central and Bouth American via San Francisco (Nn Farrela Li Pul. | for Canada), (Par, Reg, and (ed.) & p.m.
Kongmenn. Canton (Parcels and End clean mail). ap.m.
SUNDAY, APRIL JE Clean Times By Air Canton, (Kowloon C.P.D.) 10 cm., 13.50 am: (0.2.0.). 1,30 am.. Noon.
Airmail for Bangkok, Minaspora, Balas via, Colombo, Hydney and Auckland.
Be) 5 p.m. 17/4, (Ord)' 19 a.m. 18/4
Alymall for Amny, Bhanubal, Nanking,
of Mr. Meyer, notice to quit was dra Buliding and they might not Applying for the remand, Det.
have been good tenants in Glou Sub-Inspector D. S. Roberts said tankow Tsingtao and Feiping: Alrmall given to opponents by Mr. Field.
cester Building because it was that the woman concerned At the expiration of the period.
was
Yah | for Tainan, (Reg.) - 6 pim. 1776, (Ord.}" for their type of still in the Kowloon Hospital in 10 m. 18/4. rullable specified in the notice to quit,
business,
Airmail for Konming and Calentia; namely, Aug. 31, 1948, the op-
Resuming, Mr. Fleid said that
Dot, Sub-Inspector, C. Dowman Airmali for water and Woochaw, (lieg.) ponents became statutory tenants
prosecution,]3 p.m. 17/4, (Orš.) 10 am, 1874. and the case for the applicants en Oct. 1, 1045, he wrote to the will appear for the
us auch manager of Mayo's shop offering and Mr. C. A. Sutherton Russ for
Ciesing Timen Diy Ben and Train was that they remained
them a tenancy, at the same time the first defendant, said DSI Macuo. Tainahan and Bhekki. 8 sm. up to the present time.
painting out that the former Roberts.
Macao, Taloshat and Bhekki, 10 ̊um, Deadlock
Manila, 10 min Tenants did not wish to resume occupation for some months, Prior to this, he was quite aware that applicants wanted the pre- mises blok. He declded to be fair At its next Mocting, which to all parties concerned in the will be held on Tuesday, light of the conditions then pre- 20th April, the Rotary Club of
As a result of an agreement be- tween Mr. Field and Mr. Meyer, Mackintosh's took over the tenancy of the premises on a monthly basis from Sept. 1, 1948, subject to the statutory tenancy of the opponents. The reason for the agreement was that ap plicant's pre-war lenancy had ex- pired during the occupation and on re-occupation they had no
TALK ON FILMS
Canton (2nd class malt coly), ID a.m. Hiralis,, 10 a
Formosa via Takao, 10 am. Hofhow and Hangkok; 15 ́a.m.
MONDAY, APHIL. IN Closing Times By Als Canton, (Kowloon G.1.0.) 5.20 ...m..
vailing, irrespective as to what Hong Kong will hear Rotarian. 13.30. 15m 10.0.0.3 1¦ had happened before the war,
Harry Odell speak on The Film
0.80, Noon, 250 p.m..
Alemall for Shanghai, (Reg.) • «m..
When he offered the monthly Industry. The Meeting will take (ord.) 2.80 mm. tenancy to Mr. Mercado, ho did place in the Roof Garden of the Airmail for Manlig FX. (fleg.) 11 am. not know that there would be any 1 Hong Kong Hotel at 12.30 p.m.". | (Ord.) 11.10 0.
THAT WAS THE DICK
WHO PLANTED THE [ANTIQUE LAMPI
HOPE I GOT HIM!
BY ALEX RAYMOND
THE BOSS-CRASHED,
AN UPSTAIRS
WINDOW,
CAPTAIN?
THERE'S SHOOTING ON. THE ROOF!!
·COME ON, MEN! LET'S
GO!
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NOTICE
SATURDAY, the 17th APRIL
18
The OPENING NIGHT of our FLOOR SHOW with the appearance of the following Artists: PAUL and ANDREE
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TOM HENRY
Aurobatla Act.
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