· THE CHINA MAIL THURSDAY, DECEMBER 23, 1948,
COURT GRANTS Stalin's 69th TEN SUMMONSES
COWIE APPEAL
An order was made by the Full Court yesterday that
William Henry Cowie, in his action for dam- ages for wrongful dismissal, be at liberty to say that he was not guilty of misconduct. The order was contained in a judgment delivered by the Full Court comprising Sir Leslie Gibson (Chief Justice) and Mr. Justice Wicks (Act- ing Additional Judge), on the appeal by Cowie against the decision of Mr. Justice Gould that he, Cowie ought not to be allowed to say that he was not guilty of misconduct.
Cowie, who was formerly o
Force.
Birthday
Moscow, December 21.
Martial Josef Stalin is 99 years old today. From all recent reports he is hale and alert, despite his graying hair and arduous life.
The newspapers did not mention his birthday, Thero were no flags and no public observance. However, the front pager of newspapers made the annual display of letters to Stalin, pledging Increased Industrial and agricultural output.—Unit- ed Press.
Shanghai Gets Four
IN RENTS CASE
l'on summonses in respect of breach of the Land- lord and Tenants Ordinance were preferred against Mrs. Haia Bluostain by Mr. A. J. 'Clifford (instructed by Hastings & Co.) on behalf of threo sub-tonants of 102 Waterloo Road, ground floor, bofora Mr. W: A. Blair- Korr at Kowloon yesterday.
The summonses alleged that defendant, represent- ed by Mr. Percy Chen (instructed by Ford & Kwan), received $300 os' rent from William McBride on April 15 and September 15, and failed to give McBride notice in writing as to rent payable by him.
Man Years Bryan Ernest Pye on April 25
It was, also claimed that de- fendant received $300 from
Or- "Section 12 of the shine Sub-Insperior of the long dinonce authorised the Inspector Kong Police; has brought an General to make such regulations action against the Attorneys he might consider necessary tor the general government und dis- the General, as representing
elpline of the Force, Regulations Crown, for damages for wrong-were inde under the latter sec- ful dismissal from his employ- tion and were
and August 23 as rent, falled in force at the ment in the Hong Kong Polico time of Mr. Cowle's dismissal.
to give on June 25 notice to The argument
In the court Chan #lin-wan, an unemploy-Pye as to rent payable by him, below on the point of low under et man from Shanghai, was and failed
to affix a notice considerations was devoled entirely sentenced at the Criminal Ses-stating rental payable by her- to the question of whether the stons yesterday by Sir Leslie self to the landlord and rents Board's decision gave rise ko 4 plea of res judienta in matter Gibson (Chief Justice), lo four to be paid by the sub-tenants. Defendant was also alleged to which tus already been Judiciallyyeurs' hard labour.
have received $250 from Cornells determined) and the learned trial
Chan was found guilty by Johannes de Graaf on May 31 as Judge held that it did do so.
Jury of four
and three
rent for a small back room for Not Final Decision wonen, on a charge of having, on month from May 28, failed to "In his hedgment, he also de- August 18, unlawfully andex notice as to rent payable by voted himself to the question of malleously wounded his former her, and failed to give Graaf whether the matter Was res Dancee, Tsing Pul-ining, with in-notice in writing as to rental pay- judicata. From that judgment, the tent to do ter Krievous bodily able by him, present appent has been lodged-harin. Mr. Bernacchi contending that the
Mr. i, Brennechi, instructed by Mr. Y. 11. Chan of Mesars, Two and Hodgson, a representing Cowle The Attorney General, nmuiated representative of the Crown, i repreented by Mr. A. Lansdale, Crown Counsel, asiat ed by Mr. L. R. Andrewes, Crown Solleitor
The judgment of the Full Court rends, in part, as toflows: --
The rat judge ordered that ceriaia posts of law should be get down for hearing aid digual kantore the trial of the issues of
fact raised in Ups netion,
"The particular point of law with which we are concerned is this append is manji by paragraph 4.of the amended Stitement u Defence which remia:
refers
decislun of the Bourd
"A plex
n plea
the 11
of reg
יקוד!
us ren
Before
there were three sub-tenants who paid the following rent:
Mr. and Mrs. McBelde occupied. for the amah, at $300 a month. En beri-sittingroom, with a room inclusive of electielty, gas, water, and all Roor charges,
Mr. Pye and a bod-slithroom and paid $300 a month. Inclusive. His room was titled by defen- she told Mr. Byron. dant's amah, according to what
Mr. Gratif bad a bed-sitting- room and paid $230 a month. In- up the room and also clusive. Defendant's amah cleaned laundry.
dki the
Correct Rants
Dead Man Ate Breakfast
A Hearty
I'escara, December 21..
An Italian,” 48-year-old Vencento Filolog, cerilfled dead 48 hours before and about to be buried, sat up at his funeral today and then collapsed at the sight of the coffin and candles,
Some mourners fled in panic.
WAS
Filotco
found ap- parently dead in a lonely mountain farmhouse near Pescara.
After 0 massage and medical attention he joined the doctor and mourners of what was lo have been his funeral breakfast,
Filoteo sald that he had dreamt ho WAS going through a beautiful garden to the gate of Paradise, but an unknown person turned him away-Router.
PRISON FOR BROTHELKEEPERS
SHOWING
A
TODAY
For keeping a brothel on the roof of No, 93 Lockhart tond, o woinan, Chan Mul aged 26 was
Queen's
Pago 5
At 2.30, 5.15
7.16.& 9.16 P.M.
KAGNEYS.RAET.
CAGNEWS.RAFT
RAFT
EACH DAWN I DIE
WARNER BRO21 stankerketevalled dynamba, with
Directed by
JANE BRYAN. GEORGE BANCROFT - WILLIAM KEIGHLEY LATEST NEWS OF THE DAY-
ADDED!
U.S. MARINES IN CHINA— EVACUATION FROM SHANGHAI-ETC:
GRAND
sentenced to three months by Mr. XMAS ATTRACTION QUEEN'S ALHAMBRA
-At
for
THE
HAPPIEST MUSICAL
EVER
the hearing of the summonses, Mr. Clifford applied for the complainants, Inspector day.
At the request of the solicitors F. X. d'Almada at Central yester- for further set of summonses to Byron visited the premises on or
Another woman, Tao Ping, aged be served on defendant.
Bince about June 25 tast and measured 42, was similarly sentenced the last set of summonses wer lasued. he said, defendant had testified Inspector
the floor. From his measurements, keeping a brothel at the roof adopted bullying
Byron, he No. 16 Ship's Street, tactice against his client by cutting off the gas should have been McBride $141, would say that the currect rents altogether, stepping the amah Pye $166, and Grauf $100. a grand total of $542 expenses u
fuspector Byron explained that month. he came to the figures by adding In reply to Mr. Chen, witness ($475), agreed that houses in that distric! Pthe principal rent
ielephone (817) and gas (390) and that scarcely anything more than electricity power and water ($45), lug the Japanese occupation and coolie's
wages ($10), average for had been extensively looted dur
the 20 per cent and the eight per the bare shells were left standing. cent on the amount expended on Further hearing was provision-
from working for him, and re-
moving the keys, and so mak- Ing the position Intolerable. Opening his case, Mr. Clifford
He was found not guilty on a question of misconduct Is
jcharge of having, on the not a
Name final decision on that question, date, unlawfully and maliciously binding on his client and that it wounded Wong Fuk with Intent cannot therefore give rise to resto do her grievous bodily harm. Judicuta, and Mr. Lonsdale con- The case for the prosecutinui 4. The defendant Ruys that tending that the Board's decision was conducted by Mr. A. Hootan, the plaintif ught not to b1! admitted to say that he was not and at, therefore, which is aut-15, Taylor.
is final and binding on the parties assisted by Detective Inspector D.
guilty of misconduct as set out ficlent to fumd In paragraph 7 of the Statement Judicala, of Claim beenuse of the Furt of the finding of the Board of En-only arise when more than one porting to achieve this effect were 102 Waterloo Road, ground noor, of res Juullents can be ousted If the regulations pursaid that the principal tenant of quiry which is fint as a motter Court has jurisdiction to decide entirely free froin ambiguity and was Mrs. Blustein. Her son. judicially determined and not the the particular issue but the effect were consistent with the statute Robert Bluestone, first moved into subject of apparel."
of Mr. Lonsdale's construction under which they were made. This paragraph
The premises in 1046 when the to would be, that the law bas de paragraph 7 of the Statement of carest that the Board, and only aro
"The regulations in this case place needed a certain amount of Clain whlets rends:
not free from ambiguity. repairs. the Board, S to have power to There is no provision which ex- Outline Of Offence produce on
Signed Agreement the question of pressly states that the verdict of **2. On August 12, 1947, the misconduct and has
given
Bluestone signed an agreement no the Board is to be binding plaint was held by a
ppeal from its decision Depart-
to the gards the issue of fact. There are 1047 on the basis that if he re- with the landlords in February mental Board of Enquiry to have rdinary courts,
sonic features int the committed the offence of conduct
regulations "IL is stated in Maxwell, Pth which, it might be argued, give paired the premises he would be cafculated to bring the public
elition at page 303 that if the rise to an inference that the decliven the tenancy at a monthly service into disrepute by whilst subject is deprived of his right
sion was intended to be binding rental of $175. a duly receiving She from Chantresort to the Courts of Law of
there are other features According to what Mrs. Blues- Yu-tong, a person with whom he his country, it must be by x-which suggest an inference to the tein tok! Inspector T.J. Byron of had come into contact the press ennetinent and not by by-contrary, but at least it cannot the Secretariat for Chinese Affairs,
law.***
be said that the provisions clearly said Mr. Clifford, the repairs After referring to the cases of create an exclusive
Jurisdiction were completed in May at the Paul y The Wheat Commission. in the Board;
cost of $24,009 at which late tie- 1037 A.C. 130
and
Chester v
fendant moved in. Although Mrs. Baterem, 1920 1 K. B. 29, the
Bluestein claimed to be in posses- judgment continued:
sion of receipta for the unly the right of access to the "These carer show how Jeal
spent, she did not produce any
In August, 1047, Robert Blues- dismissal from the Police Faree of England, and be it noted that, in decision of the learned trial judge the tenancy to defendant who be
ordinary Courts is guarded in "We are of opinion that the lore moved out and handed over
considering emergency legislation thereof, it is ordered the second case, the Court was, must be set aside and, instead came, to all intent and purposes, made in ume of war when the plaintiff be at liberty to say that receipts were still Issued in the that the the principal tenant although rent people may be called upon the he was not guilty of misconduct named of her so th
course of his duty requiring him
to apret vehicles that they were
in a roadworthy condition
"In order to
appreciate the significance of these two
para- graphs, it is necessary reter. bricly to the law which related, at the time in question, to the
officers of Mr. Cowie's rank.
"Section 16 of the Police Force Ordinance 1932 pied that it should be lawful fng the Governor, on the representation of the In- spector General, to dismiss any sherifice of their
more readily to make subordinate police officer for any llberties. refusal or neglect of duty or in-
Home
und
"Nor, in our opinion, are the regulations caristent with the Ordinance if they are to be taken ordinary courts. as ousting the jurisdiction of the
as set out in paragraph 7 of the constitutional Statement of Claim.""
sukordination or bronch of dix- Free From Ambiguity
cipline or misconduct or for any "Notwithstanding these contraventing of any of the pro-slons, the jurisdiction
decl of th
visions of the Ordinance or of any ordinary courts could, no doubt. revulalian or depurimental order made thereunder.
STAR
Phone 58335
17 Harlen Road: Kowloom.
- TODAY ONLY -- 2.30, 5,10, 7.20 & 9.30. P.M.
A Regiment of FOURS!
A Corps of COMICS! A Battalion of BEAUTIES!
YOURE IN THE ARMY
NOW!
10 THE MUY BLURES
SEXKÉTTEL
DURANTE SILVERS "WYMAN |
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STARRING
CHARLES JENNIFER
BOYER
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MAJESTIC
SHOWING TODAY
AT 2.30, 5.20, 7.20 & 9.20 P.M.
Men
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COLUMBIA PICTURES proven
Rita Oroon HAYWORTH WELLES The Lady from Shanghai
- win Execuit SLOARE and Diem ANDERS.
—— NEXT CHANGE --- "THE VIGILANTES RETURNS in Cinecolor!
BELMAC
Announces with pleasure.
the arrival of a shipment of EXCLUSIVE
SHEILANA FABRICS
Those lovely light-weight British Woollens are, we assure you; quite out of the ordinary,
Room 110, Peninsula Hotel
summonses
At the time the Iwere taken out, continued counsel,
LEE THEATRE
ADVANCE BOOKING OFFICE CHINA TRAVEL SERVICE 4. QUEEN'S AD
BOOKING HOUS 11:00 am to 3500. daily
Final Showing Today: 2.30, 5.15, 7.15, & 9.20 P.M.
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Rough, touply terrific in
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A SPECIAL CHRISTMAS PRESENTATION
FROM WARNER BROS.
"STAR IN THE NIGHT"
STARRING
J. CARROLL NAISH · · ·DONALD WOODS
CENTRAL
270, Queen's Rd. Central.
L
Phone 25720.
TODAY AT 2.30; 5.15; 7.15 &.9.15 P.M.
PHYLLIS CALVERT ERIC PORTMAN
THOROLD DICKINSON'S
MEN OF TWO WORLDS
DREAMTWO - CITIES' FILMBR
pairs permitted by law, making ally adjourned for a month
THREE SHOWS
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KINGS
MADE!
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AT 2.30, 5.15 AND 7.00 P.M. ONLY
A screen-scream of GHOSTS: GAGS. and HAUNTING GALS!
OLSEN & JOHNSON GHOST CATCHERS
with LEO CARRILLO ANDY DEVINE LON CHANEY GLORIA JEAN MARTHA O'DRISCOLL
WALTER CATLETT
KIRBY GRANT and his QRCH.
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MORTON DOWNEY ELLA MAE MORSE
Sing
Produced and Witten by EDMUND T. HARTMANN Directed by EDWARD P, CUNE A UNIVERSAL PICTURE
-COMMENCING SATURDAY-
GRAND X'MAS ATTRACTION
甫
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Rest
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MAUREEN
TODAY...
TOMORROW...
ALWAYS! for it's Laughter,
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JOHN
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Miracle on
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TODAY Cathay
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BATIRE COMEDYI ROMANCE
Weltlander The Berwa
and Directed by GEORGE SEATÓN Produced by WILLIAM PEELBERO
20
Kisariatum &iroty i
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7:10789.30 p.m.
OF CHINESE SUPEROFINE PRODUCTIONI
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COLOR BY TECHNICOLOR
PETER LAWFORD ANN MILLER :
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Extra Performance at 11.30 A,M. on:--
SATURDAY, Dec. 25th
SUNDAY, Dec. 26th
EASTER PARADE
BOOKINGS NOW OPEN!
ALHAMBRANATHEATRE
Showing Today At 2.30; 5.15; 7.15 & 9.15. P.M.
$. ARTHUR BANK BYNCONTO
Grita
Eric PORTMAN GYNT
Jack
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Maxwell
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COURT
Dear MURDERER
Friduced of BETTY É BOX Executive Producer, SYDNEY BOX Directed by ARTHUR CRABTREE A GAINSBOROUGH PICTURE
-ADDED: LATÉST NEWS OF THE DAY
FIRST FILMS FROM HSUCHOW WAR FRONT Mme. CHIANG ARRIVES IN AMERICA, ETC!
ORIENTAL
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Take Any Eastorn Tram Car or Happy Valley Bun
Special for Today Only: 2.30, 5.15, 7.20 € 9.20 p.m.
RETURN ENGAGEMENT BY SPECIAL REQUEST:
Randolph SCOTT-Barbara BRITION)
in Columbia's Cine Color.Film
“THE GUN FIGHTERS
Commencing Tomorrow: "ROAD TO RIO"