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THE CHINA MAIL, FRIDAY, APRIL 8, 1940,
Full Court Hears Tenancy Appeal
The Full Court, comprising the Chief Justice Sir Leslie Gibson, and the Puisnè Judge, Mr. Justice Williams, yesterday heard an appeal on a coto stated, in connection with the tenancy disputo over No. 34- Caine Road. The appellants were Ping Shek and Karet Weiss, tenants of the ground and second floors, and the respondent was the Mother Superioress of the Conossian Institute, owners of the pre- mises.
An order exempting the premises from the provisions of the Landlord and Tenant Proclamation
1945 WDS
of
"It is apparent from that o- dinauce that the appellants, were fully protected, and remained w
when until September 4, 1946, T granted by the Governor in her Goverument in Coupell under Council on August 1, 1047, and section of this ordinance issued an orter setting up a new body. on August 21 and 22 the ap-an 0))
or rather that It provided that Tpellants were given notice in
certain body, the Tenancy Com- Tmove. They refused to commit WAS then already Ir
mittee ply with the order, and the existence, should have the power Issue before the Court was to to recommend that any property to to test the validity of the order. should be exempted
from the Plag Shek and Kiel Weiss operation of the ordinanec. an were Topresented by Mr. Eklon that the Governor In Council Petter N.C.. Instructed by Mr. should have
If it is power, to confirm such Mareus do Silva: and Mr. D. A. L. thought t T Wright, nstructed by Mr. B.N. exemption," said Mr. Potter.
Comper. was for the Canossian T
Institute.
T
T
'T
T
Principles Of Procedure
In the motion of appeal, it was stated that because the procedure which led to the granting of the Tes smption dir not follow
the of procedure for er quasi-ludicint
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de-
cision, the surd order for exemp- tion
It
an
It's An Amendment
"Clearly the order Is amendment of the ordinance," went on Mr. Potter. "It adds new power and creates
new bolles which can do certain things: and the Mother Superiores, not sur- prisingly appiled for exemption to the Tenancy Committee wich
at all material times recommended the exemption.
null and void and of no effect. which the Governor In Counell #lated that the pro-granted, and which Mr. Justier reare loding to the granting of Reynolds enforced." the exemption did not follow the pririples of
of natural justice.
exemption
event the order of
Bion from the provisions of
the Proclamation was not of all material times operative to de-
the appellants of their rights of protection as statutory tenants under the Landlord and Tevant Ordinance 1947.
enact-
Mr. Potter said the amendment
ultra
inasmuch vires
was
no
Section &, if the learned judge was correct, conferred upon the Governor in Council legislative He could go no further power. and if judgment was granted. then section 8 of the ordinance was wholly ultra vices.
of
Reviewing the Judgment Mr. Justice Reynolds, Mr. Fotter and the effect of that Judgment was to give complete legislative validity to the Governor in Council in respect of any matters mentioned in the ordinance.
Mr. Victoriano 1 Torre, Argentine Consul at Hong Kong provisionally recognised by the Hong Kong Government. Branding on 'Mr. Torre's right is Mr. A.J. da Bouza, Secretary of the Argentine Consulato-"China Mall" Photo.
Argentine Consul Here
To Establish Office
In order to encourage and increase the develop- ment of cultural and commercial ties betwcon the Argentine and Hong Kong, an Argentine Consulata, with Mr. Vitoriano de la Torre os the Consul, will soon be established in the Colony.
Mr.
1
Torre, Argentine's ex-delegate of labour to China, told the "China Mail", during an interview yesterday that he is deeply impress- ed by the peaceful conditions prevailing in the Colony.
And furthermore inasmuch as the deb gated power of legislation of the Governne in Council did not permit of legislative
nents by the Governor in Coun- ell of the relevant terms and pro- visions of Larraph 3 of Govern-
"Though there are only a ment notification No. 308 of Sep- tember 6, 1948, the order
Mr. Potter submitted that by few Argentine citizens in the Laws Colony, it is the Consulate's exemption mirle
ní All reason of the Colonial material dates ultra vires the Validity Act. no such
to bring them power! intention powers of the Governor in Coun- could be given the Governor in touch with the community at cil.
Council without the assent of the large, and to promote the good King.
relationship between Argen- tine and the Colony,” Mr. Torre said.
was
of
Amplifying the points raised. Mr. Potter sald the appeal was against the decision of Mr. Justice Reynolds diction cases.
two summary juris-
in
was
"And even if such assent was given by the King, such power conferred on the Governor in In Argentine, Mr. Torre Council in this Colony is con-
lor many years a labour leader. trary to the express wording of
Mr. Terre, who was in Shang- hai for the past two years to the Colonial Laws Validity Art."
study inbaur conditions in China, submitted Mr. Potter.
sak he was surprised to find
No Such Power
In Council, Mr. Potter said if judgment was granted, it would be mest alarming
to
inost pi the labour leaders in Shanghai very advanced. Though the labour movement in China is
Murderer Sentenced To Die By Hanging
Found guilty of murdering his cousin, Ngai Pak- chuen, standing pale and gaunt, listened to -the sentence of death by hanging meted out by Sir Leslie Gibson, Chief Justice, at the Criminal Sessions yesterday.
The 26-year-old, shop, assistant was gonvicted of.
hoving murdered Lo Kin, his cousin and shop colleague, by stabbing him three times with a meat-knife as the outcome of a mahjong game on September. 29 last year.
The jury of six men and one Crown Counsel, conducted the woman deliberated for a little ense fde the prosecution assisted aver an hour before they returned by Detective Inspector T. Cash- the unanimous verdict.
Ngal Was defended Percy Chen Instructed A.S.K. Lau. Mr. A.
Gold Bars Seized
mali,
by Mr. The accused, on the early mor- by Mr.ning of September 29, was statedi Hootor, to have played a game of imah- Jong with Lo Kin, the deceased. and tivo
others at 20 Poltinger Street. where his father owned a shop. After the game, when it was time for debts incurred dur- ing the game to be payed a anall While Lo Kin argument ensued. spparently was owing some money to Ngal from the game, Ngal had previously owed Lo some money. Thus, it appeared that Lo had tried to set off tho money he owed the accused against the money the latter ready owed him.
However, the short argument The accused arose was settled.
from his seat and went to the rear of the premises.
Hong Kong's Preventive Service seized 124 bars of con- traband gold yesterday-suff- zient to cover more than one- teath of the whole Department's expenditure for the current financial year.
The gold seized yesterday 1 valued at HK$180,000,
Revenue inspectors making a routine search on board the 6. Poyang, about to leave for Swa- tow and Bangkok, found the gold hidden in false ceiling between the dining hall and the pantry. The searchers had to remove large electric lamp shade and break open the false ceiling to reach the gold.
No arrests were made.
LOITERER FINED
A fine of $250 or eight weeks imprisonment was imposed on a 19-year-old lad by Mr. AD. Scholes át Kowloon yesterday, for obstruction by loitering in front of the CNAC office.at to Pen- insula Hotel, Kowloon,
Chong Wing-lit, was observed by the police for about 20 min- utes before he was taken to the police station, where he noted in a peculiar mainer, buinping hia head against the walls.
Defendant hnd two previous convictions for similar offences,
Condition For Women
In UK Described
Conditions for women in England today are still hard, Mr. Walter Fletcher, Conservativo MP for Bury, Loncashire told members of the Hong Kong Women's Council at a meeting yesterday.
Food rationing and high | be discussed the very active part prices present real problems to played by women in Britain's
ments follow:
Failure To Comply The plaintiff In both cases was The Mother Superioress of the Canossian Institute who during the Japanese cecupation let por- tion of the premires to the ap- pellants on a monthly tenancy, Stressing that it was his argu-only in its infancy, he believes st After the excation the apment that no such power was that labour organisations in China Variety into the diet. pellants were given notice to meant to be given to the Governor have a very promising future. "I am not quite so convinced move. This was in October 1945.
The standard of living of the that it is a hardship to queue." However, both of them failed to
Shanghai labourer is, compared Mr. Fletcher said. comply with the notice.
most European countries and
queue has become a sort where choice bits They refused to move because
women's club the Colony, rather low. This is they were protected by virtue of1
"Two constructions can be put chiefly due to the abnormal poli- of gossip can be exchanged the on the learned judge's judgment,"
latest about Mrs. Jones and the Proclamation 15, the Landlord, said Mr. Potter. "One is that the tical situation in China.
Tenant and
Mr. Torre said he is personally now curtains in Number 5." Proclamation, Governor's power under Sect interested in labour conditions in
For old people, however, published by the Military
Mr. is unlimited: and the other is 8 ministration. This was later em- that the real intention of Sectione Kong. borted into the laws of the Colony was to give powers to make
Chinese comununity in tioning presented serious pro-
told the blems. A ration for one person is like a rockel and came down further amendments to the Pro- "China Mail," is very small, and so slim that it is difficult to our-ike a stick." Mr. Fletcher attri
Argentine, Mr. Torre clamation in the letter and spirit consists mainly of merchants, chase.
"They are very prosperous and
lead a comfortable life.
by Ordinance 2 of 1940.
PAINTS, ENAMELS, VARNISHES
AND
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of that Proclamation for the pur- pose of fitting it into the laws of the Colony."
He went on to say that assum-
ing that the intention of the legis-
lative was to give the
Governor
in Council power of legislation, with the King's assent, then It was crystal clear that the ordin ance was ultra vires.
to
Mr. Torre said that he and his secretary Mr. AJ. da Souza, are very grateful
for the attention and courtesy given them by Bri- tigit authorities in Hong Kong as well as by the community at large.
The Consulate will be opened "Not even the King had such in the near future. At present power of assent. The Court has Mr. Torre is looking for a sult- complete jurdisction over this able locality for the consulate's
Mr. sald point,"
Fotter, who ofces. quated Section 5 of the Colonial Laws Validity Act, under which he said, the King had no such power unless there was a repre- sentative assembly,
"And Hong Kong has no repre- sentative assembly," continued
Mr.
assent
TWO STREET WALKERS FINED
Two street walkers were charg-
is only one way ined at Kowloon yesterday with the King could give his loitering.
to Legislation in Hong Lai Wal-lim, uged 23, was fined Kong this being ceded territory, $25 for one week's imprisonment and that is by letters patent, pro and Leung Ying, aged clamation or by charter." sald
Mr. Potter, who went on to quote from various authorities in sup- port of his arguments,
28, who
had two previous convictions, for the some offence, was ined $50 or two weeks Imprisonment.
Defendants were arrested for
Further hearing will continue loltering on Shanghai Street near today.
Saigon Street on Wednesday.
Cleaner
Teeth
Shortly after, Lo Kin followed. A few moments had elapsed when Le Kin staggered out of the back of the house holding his stomach, followed by the accused Ngal who was holding a knife in his hand, The police were then summoned arul Ñgal was taken into custody.
After thanking the jury yester- day, Sir Leslie Gibson announced
that they would be exempted from jury service for two years,
Spalding.
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the average housewife. who public life today, Mr. Fletcher somehow introduce answered a number of questions from his audience. Some of the and his com- subjects covered
Question And Answers PARCELS HOME TO BRITAIN |
evening and day wear. FROM
HONG
KONG-They beautiful combinations of colored make on enormolta difference." rhinestones, mather - of-pearls,
GROUND NUTS (Britain's So-
pastel pearls, gold and clalist
tr Government planned
LA!! naw, just arrived alleviate the shortage of fats by
America) ground-nuts in East
went up BARRETTEG—for girls & ladies
of
Fletcher sold the queue ani rache scheme
buted the failure of the schem
For
COMBS & TUCK COMBS
to inadequate investigation and RING COMBS (plain) planning beforehand.
In
liver: from
Although clothing is no longer rationed by coupon, it remains ralioned by purse, the visitor de- ARGENTINE MEAT-Mr. Flet- EARRINGS (clip, screw, pierced-
ear) clared. The heavy purchase tax cher said Argentina was holding on textiles is the cause.
out for 10 unfair price and that "The shops contain a great deal Britain had been forced to sell of stuff which people just can't the Argenthe railway at a ridicu- afford," he explained'
lous gure, considering all the
NECKLACES
After a lively speech in which work and expense that she had SCATTER PING
MR. WALTER FLETCHER
put into it
(pastal pearls, pikaki shell)
BRITAIN'S WEALTHY "There THE EVERGREEN
ain't any rich. There has been a redistribution of
BRITISH HoWealth.tual-
they've built less than after the 'last war.” The many pre- fabricated houses mushrooming over the countryside are an eye- sore. He attributed the continued
housing pinch to lack of labour (diverted to productive, export
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