John Hastio Co., Ltd. Ships Steering Gear,
JOHN CLARK
CASEBOOK
ONE LAW
THIS
THIS column concerns it- self as a rule with one thing at a time, but today it seems worth while consider-
CHINA MAIL
APPLICATION FOR EVICTION UPHELD
The question of whether an agreement was for a lease or only a licence was decided, by Mr W. H. Latimer, President of the Tenancy Tribunal, in a written judgment given this morning in an ap- plication for eviction brought by the landlord of ing the cases of Brenda and premises in Kowloon against the occupants on Bridget together, though the grounds of transfer of tenancy without con- the two women were tried sent. at Great Marlborough Street on separate days,
Both the women were caught shoplifting. both were first offenders, and there are other
similarities between the CILSCE.
That Bridget creature. than HJ
two
of Bridget came first. ia Irish, A port little
who looks
no older 10th-form schoolgirl, but is in fact 22, Sho was once a stewardess in the Wrens, but Tow she works as a chamber meist In a London hotel In return for £3 15s, a week and her keep.
She was caught stealing from a shop the other day. She was arrested and charged with steal- ing a cardigan priced at 188. 11. Next morning, at court. the pleaded guilty to the charge and asked that an earlier, un detected, theft should be taken into consideration.
From another branch of the store she hed, on the same Afternoon slulen some other articic, about -which details were not mention-
ed in court.
same Oxford Street
THE
that
magistrate sitting on! day was Mr H. W. Wightwick, and to Bridget he sald, when the case had been outlined to him:
"You
were
++
Mr Latimer dealt at length with the law in holding that the applicant had proved her case. He granted an order for eviction and ordered vacant possession of the premises 30 days from his order.
The applicant was Moy Shee, a woman, of 234 Tai Non Stroot, first floor, Kowloon. She sought the eviction of Chan Wing-lin, allas Chan Siu-lul, of 217 Tal Nan Street, ground floor, and Cheung Kle-kee, of 234 Tal Nan Street, ground floor.
"A disponation or licenco property parseth no interest, nor alters or transfers, property in any thing, but only makes an action lawful which without it had been lowful
Denning, 1 Ju then goes on los
tenancy and a Boence is therefore that in a tenancy an interest passer in the land, whereas in a licence li does not. If he was let into exclusive possession he was said to be a tenant albeit only a tenant at will; whereak was only a licensee. This fest has. however, often given rise to misgiv
follows he difference between a
if he had not exclusive possession he
to realities"
because it may not correspond
CONCLUSION
After giving examples to carnes to the following conclusion: "The re- ruit of all these cases is that althouga a petors who is let into exclusive possession is prima facie to be con-
o
sidered to be a tenant, nevertheless be will not be held to be so if the circumstances negative the intilon to create a tenancy. Words alone will
Partien connas turn tenency into leonce merely by coiling it one. But if the circum-
·stances and the conduct of the pay- fee show that all that was intended Was that the porupler thould be granted a personal privilege with no
only to be a leensqe."
In her application, Moy Shee sald she was the owner of tho premises at 234 Tal Nan Street, ground fieber, which she let to Chan Wing-lin, who carried on a business known as the Chung Yuen Cafe. She claimed that in or about May, 1051; Chan Wing-lin, without her consent nesigned or umnsferred the premises to Cheung Kie-kee, in the land, he will be held who conducted a similar busi ness known as the Chung Yuen Hop Kee Fan Dim. Applicant further claimed that rent at the rate of $285 per month had been in Arrears since March 1, 1952, and asked for. meshe profita lo that amount up to date of possession.
First opponent, in his grounds of opposition, claimed that the appleant or her vent collector had knowledge that he had per- mitted second opponent la cirry on the business. Alternatively,
he
The old common law doeting that a licence was niways revocable by
was altered at it is now clear
that by the fusion of law and equity a ilcensor will not be permitted to
tract to allow him to remain.
elect a licensee in breach of a con-
On the other hand is a case before the Court of Appeal and reported in the Legal Beater Gazette of Apeth 12, before Somervell, Denning aria Nomer, la, Ja, witli iko paint to be considered whether an agree mert was to be construed as Hornce or as a leate, Somerveli L. J salt the Court had to construin the agreement as a whole In this agree ment there were express words that
the agreement was not to create a QUOTATION
tentes.
DI!! on a shoplifting, exped tion, weren't you?"
raised a defence of walver, He further pleaded that rent Bridget considered the ques had been tendered to either the Agreementship tion for moment, and then applicatu or her rent collectorh answered, rather
child but they had refused to accept. might, caught in the act of Mr P. C. Woo represented the robbing an orchard: Yes, I'applicant, while Mr Y. H. Chan
appeared 03 Buppose I was"
behalf of first opponent. Second opponent was present in person..
#s
There was possibly just a shade of insolence in her tone, but I doubt if it wan intended. You will go to prison for six
magistrato weeks" the said, and Bridget was led of 10 Holloway,
+
•
INTO the same dock, four days later, Brenda was led, She A: i tall and rather alately woman of 35, wife of a man who
works ir {un aircraft
mother of an
SOIL Нет
Elves her £6. a week for keeping, out of his £12 wage- packet, and Brenda herself adds 15. to that by going out to work on domestic chores for seven hours each week.
Brenda was caught stealing a pair of stockings and Bome underclothing priced at 238. 3d. And when they arrested her, she said: "I've got a lot of things here that I took from another shop." She produced a plastic muckinlash, a vest, three D'ouses and five boy's shints, the lot priced at £0 0s, Od,
*
this morning Mr Pauli Bennett, VC,
was on the bench, and when he had hoard the story of Brenda's thefts, he Bald to her: "What do you want
say
do
"I'm very sorry," Brenda answerkt, in as toneless a voice If the wire apologising for treading upon someone's toe.
"A what, stage did you be rame worry the magistrate When you stole from arked. the second shop? Or when the deteolive, stopped you?"
"When I was stopped, I sup- "Brenda said on it bored by a quibble,
"In there
any reason why you shouldn't go to prison? Bennet! asked,
Mr
"I see no sign of shame, except for your for mally saying "I'm sorry,"
Brenda regarded him calmly ard said, nothing.
*
THE JUDGMENT
I quote 's words. "Taking the
031
.whole. Raid would have 11 come to the conclusion that Was a lease. The Last two fine of clause 2 state that nothing in the agreement shall be construed 10 create a tenancy. In these days the. question whether an agreement is one for a lease or only a lleence has become of great importance since the passing of the Hent acts and it has been said more than once that it is not a mere question
tive clauze in an agreement, one
In his written judgment, Mr of words. If looking at the opera- Latimer said in part
comes to the conclusion that the rights of the occupiers are thoro
tempt to do what this Court has raid more than once cannot
Established 1845
TUESDAY, JULY 29, 1952.
Fighting For His Bride Puisne
Set John Brooman is fighting for the right to take his Japanese wife, Ildeko (pictured with him) home to Queen's
wife of Road, Walford. · Bbs and the Japantre
another Lakes British Kores war veteran were
off the troopship Devonshire before she sailed for England. Japanese officials gave Brooman a list of formalities to carry out though he married her seven weeks ago-before he can hope to leave
on the next ship; -- London' Express, photo.
Red Cross Convention
Seats Both Red China And Nationalist Delegates
..
Toronto, July 28.
The 18th International Red Cross convention today voted to seat both the Communist and Na- tionalist Chinese Red Cross and government dele- gations.
The 58-25 vote came after three hours of heated East-West debate. The Eastern bloc, led by Russia and Communist China, was supported by delegates from North Korea, Poland, Rumania, Hungary, Czechoslovakia and Bulgaria.-
you can taste the fruit
in WATSON'S
Judge Expresses Criticism
The practice of Counsel and solicitors coming into Court and making applications to file last- minute amendments just before the start of a case was frowned upon by the Puisne Judge, Mr Justice Reece, at the Supreme Court this morning.
"When I come into Court all the documents and pleadings should be in order and the case ready to start. I am a bit tired of this sort of thing; inability to get
·started because Councel or the solleitora on either side have not done what they should have done weeks ago before the day of the trial. If solicitors ignore letters from Counsel there is a remedy in Chambers."
Mr Justice Rosco added, "Chambers is the place to put wrongs right.”
Anti-Gromyko
Display In London
Before his Lordship was claim by David Lynn and Com- pany, of Tai Ping Building, against the Lien Foo Company, of 307, Edinburgh House, for the return of $13,012.50 paid by the plaintifs to the defendants in respect of a sale of unused rub- ber tyres being money paid for a consideration which had fall- ed.
"There was also a claim for!
London, July 28, The arrival of Russia's Am- damages for breach by the de-
by bassador, Gromyko,
train fendants of contract to sell to touched off a "go home des the plaintiffs 50 sets of unused monstration at Victoria railway rubber tyres. station on Monday night.
Mr Brook A. Bernacchi, In-i Police went into action in a
structed by Mr M. A. da Silva, milling crowd which surrounded appeared for the plaintiffs and the new envoy as demonstrators defendants were represented by showered pamphlets on him and | Mr A. J. Clliford, instructed by cried "go home Gromyko.”
|J. C. Stewart and Co.
Cameramen, reporters, Iron Curtained commities' diplumals and Foreign Office officials were caught in the sudden melce as the train pulled in from Paris,
At least one demonstrator was arrested.
Mr Cluford asked leave to put in a substituted statement of defence alleging an attempt by the plaintiffs to increase damages by fraud.
His
did you Lordship: Why not make this application In That the normal Chambers? procedure. One man pressed a pamphlet. Mr Clifford replied that he did into Gromyka's hand as he was not then have sufficient evidence
and said: speaking to reporters
of fro
fraud and added that the don't want Communism
other party had refused give here, Gromykto,”
certain details.
Mr Bernacchi said that the Pamphlets distributed bore the words "Russia socks war. Korea fraud pleaded had nothing to do today-Britain tomorrow?" with sub-purchases. He asked
the Gromyko told reporters he had Court to say that there last- came to strengthen Anglo- minute allegations of fraud were Russian friendship and sald he completely out of order and thought that the two countries there was not sufficient ground be to deviate from the usual practice wartime friendship could revived.
that allegations of fraud must be raised at a very early stage.
Mr Clifford said that it was were written-up in order to in- alleged that the written contracts
The new Ambassador said the restoration of "good normal rela- tions between the Soviet and
Britain would "strengthen peace." and pointed out that in certain
There appears to me only one [are lessee, the parlos cannot turn point at issue here and that is into licenco by stating the whether one, OT any of the decument is deemed to be a licence,
These words seem to me to at agreements referred to, which the Arst opponent naively refers to
Pagreements for hire done." operate În fact as transfer of the premises and if there has been parting with possession on the part of the first opponent,
As the operative portions of all agreements are similar I think the last agreement should suffice for analysis.
Lord Justice Denning followed recent cases an occupier had been
He added that it is in Britain's crease damages. held to be a licensee but that d
"fundamental national interest"
His Lordship granted each case there bød been something
South Korea and Yugoslavia by their manifestation of respect to be on good terms with Russia. Clifford's application and in the circumstances to negativo
hearing is proceeding. any intention to create a tenancy. abstained from the vote, which for the humanitarian and non-Associated Press. He goes on further to my that the
confirmed action taken earlier political character of the Red 1 parties to a contract cannot by words change it into something in the conference by the Inter- Cross, the Chinese Nationalist else. "It is important that Wo national Red Cross Board of representatives here have elected on every hand."- This agreement recites that Chan should adhere to this principle or
Governors and cleared the way admiration Wing-in, the first opponent, is the we should find all the landlords
for the convention's detailed United Press. granting licences and not tepancies, business In the proprietor of the
And we should make in the Rent work on its agenda on Tuesday, round Mong Yuen Calo on the
No. 234, Tal, Nam Acts a hole through which tra one day late.
Emile Street, Kowloon (which are the pre- could drive, I will not say in these mises in this Application) and is "the days a coach and four, but an art- owner of the furniture, fixtures. fculated vehicle. tests tools and trade pet out in an annexed schedule in Chinese."
name of
It further reeltes an agreement has the right to carry on business her tutor at the hirer shall have heretofore carried on by tlie Proprie-
between the parties that the hirer
the right to use the sold premises And the firniture etc. for the said Purpose for his own beneill in terms iherrin set out.
The Peenrictar shall pay all rents rates and taxes relating to the said premises.
The hirer shall have use of furni- ture and detures etc. having made A deposit of $10,000 to provide against. loss, damage etc. He shall pay the sum of 500 on the first day of each continuance of month during the
this agreement.
The hirer waives the protection of the Landlord and Tenant Ordinance.
1047 or any amendments and agrona
|
WAIVER QUESTION
Sandstrom, BOMBER
All of the League of Red
Cross Socletics, said
The question of waiver was raised Chinese delegations should be EXPLODES
by the first opponent in this case sented because the Nationalls! me an alterativo defence and must hero be denit with. As I under-
there are three elements to be
government territory Communist
the represented and the law relating to waiver
of Formosa and the the government proved before the defence of walver Chinese mainland. He said the can be substantiated and thay are (1) there maist bo a breach of con-
Formosan group had been invited pent by the learoa (2) there must to the conference to represent
Arthur, Nebraska, July 20. A B-20 Air Force bomber, its starboard engine ablaze, crashed and exploded late on Sunday in
sandhil this sparsely settled
Of the
be full knowloogs by the lessor and the Island only, and it is only of western Nebraska. (3) there must be some tunequivocal act by ho tenor by which the breach is condoned. This a clearly stated by Parker J, in Matthews V. bemallwood (1910) 1 Ch. 777 when he says "Watter of a right of re-entry knowledge of the facts upon which can only occur where the lessor with
his right to re-entry arises does some unequivocal act recognising the con. tinued existence of the lease,"
Surely tho whole
essctice of the defence of Live first
in that capacity that they are board, only eight persons
there
hon
not a sublet or part with the perses opponent.
that sion of the premises or any part, been no brouch of covenant with The Proprietor har accers of all the Applicant. In ylew of that reasonable times to the said premises, how can the landlord' be expected The clause, 19 is interesting in that to have knowledge of the breach provides in the event of bank- and to have condoned 11? I can tunley or the issue of a Bill of Sale ree' no basis at all for such a de- over any of the Proprietor's goods, fence.
or it ditress or execution be levied upon the premises, the Proprietor
The question to be decided sa I
"ahall be at liberty forthwith or ate is le whether a man holding any time afterwards to re-enter the the necessary licences to run said premies, and cancel the permis cafe business the essential furnish- to the hirer to use the said pro-ings, the good will and the premises 'mises" etc.
APPREHENSION
can hire out the business as a going
the latter.
here.
one, the pilot, sur- Mr Charles Marshall, United vived. He parachuted to safety. States government delegate who
The
co-pilot also tried to was sent to the convention as a parachute but the chute falled non-voting observer, said in a to open. His body was found and prepared slatement: "The attempt a half mile
away from the to derogate the sovereign status crash scene, six miles northeast of the Chinese Nationalist gov of this town of 170 people. ernment by excluding the Chinese
The plane was based Nationalist delegations from this Andrews Air Force-base near Red Cross conference has come Washington, DC., had refuelled.
at
Life Sentence
cordials.
Living Language
Why we say Sent to Coventry.
ᏞᏞ
of the and
,'
The phrase means "cut off from all friend- ship" and has two pos- sible explantions. Dur- ing the English Civil War the Midlands town of Coventry, was stronghold Roundheads Royalist prisoners were imprisoned in it. Another story tells how the people of Coventry came to dislike soldiers so much that nobody have would speak or
with anything to do them- they were therefore the first to be "sent to Coventry."
Notices
The latest times of posting shown below are those for un- registered correspondence posted The at G.P.O. Hong Kong.
isowhere latest posting tiisas which, in general, are eariler than the G.P.O. Ümes, can bo ascertained by enquiry' at the local office.
The latest peating times for registered aricles are generally one hour earlier than the times Particulars re- shown below. garding parcol malis can be as. certained by enquiry at any post omico.
TUESDAY, JULY 29 By Aur
Fornos 2p.m, GAT, Japan, 430 pm, Thai Airways. FormCAR, Okinawa, New York, Beattle, Canada, 4.30 pm., NW.A.L. Mulaya Ceylon, 4.50 p.m., .B.O.A.C.
Leg
Bam, Blurina, Z. India, W. Pakistan, Middia East, Africa, Great Britain, Europe, 4,30, p.m., B.O.A.C
By Surface Macao, 1 pan. 8 pm, Hong/Kwong Tung.
Malaya, 2 p.m., & Soudan WEDNESDAY, JULY 30 By Air
Fhlippines. Guam, Iławaii, V.S.A., Canada, 8 a.m., via P.A.L.
Formosa, 11 an.. C.A.T. Malaya, Indonesia, Australia, New Zealerul, 4,50 p.m. C.F.A.
Slam, E. Indio, W. Pakistan, Middle East, Africă, Great Britain.
8.0.A.C Europe, 4.40 p.m., B.O.A.C.
Japan,
Κατος, 4.30 p.m..
6,30 p.m., .. Att.
By Surface Macao, 1 pm: 0 pang #Les Hong/kwan Trung
Mr | 'ways,*******
the
Broadcast Talk On Exhibition
For Torturers Hongkong Art Club was formally
The summer exhibition of the
oponed this morning by Mrs R. B. Black.
Tampa, Florida, July 28. John and Allee Cliffe were
This evening, at 8.10 Austin sentenced to life imprisonment Coates will broadcast from Radio today for torturing their four-Hongkong a short talk on the year-old son and hanging him
exhibits now on view at St from a bathroom refter in their
John's Cathedral' hal), shoddy suburban home until
dled.
he
We hope everyone in the country has learned something SIDE GLANCES
from this case and never has the urge to treat a child like we did,” said the 20-year-old step- father of little Wayne Dolham.
Ciffe and his attractive, dark- hatred wife were found guilty of severely beating and hanging the child in the bathroom each night
a three-day period. during a because be misbehaved".
"The boy was led so that he was forced to stand on the tips
to a well-deserved failure. By at the Lincoln, Nebraska, Naval of his toes to avoid being their moderation in conduct and Air Station and
Handing Back Steel Industry
A
London, July 28.
White Paper said that the
A Primo Minister, Mr Winston
was en route strangled by the rope. Ho died to Mountain Home, Idaho, Air en April 30-United Press. Force base.
Border Incident
211
Radio Hongkong
HIT.
Three bodies were found the wreckage and another was found about 15 feet dway. Other small parts of a body or bodies also were found.
The crash location is in one допоет without interferint with
The Government announced of Nebraska's least accessible his tease, of the premises;
9. Programme Summary: 0.00, Lon- Although the second opponent is on Monday that it will set about area. Ranches are for apart
don Studio Melodies-Erla obinon given exclusive banding the nationalisel stee! and most reads are de mere
and His Orchestra with Diana Coup- by the agreement admit approaching a decision in
land and Ronald Chesney (Bjudio); use of the premises, the first oppon-industry back to private enter than balls-Associated Presɛ.020, Cantonese by Radio given by WILL give you one chance this with a considerable amount of
ent #11 has the Beances In his "I
apprehension in view of the cares name sad owns the tumiture etc. prise soon after the two months'
·Miss Loo Wat Lon, and 8. K. Læs to escape prison." the recently decided in England. For
(Studio); 0.50. Interlude; 7. Orchestra In the time of the premises anty summer recess beginning next magistrate said. “You will pay distance in Errington y. Errington incidental to the agreement or is it week-end.
selections Concert Waltzen: 7.30. fine of £10 on cach, charge, and 11 All E. R. 1052, 146) the Court of a matter which goes to the root of
**Down Memory Lane” presented by £4 49. costs. The alternative Appeal (consisting of Somervell, the agreement? Surely, it must be
·Alleen Woods (Studio); 700, Weather Athens, July 28, will be at month in either case." a decision that there was a medium Denning and Modson, L. JJ.) came to
"Repòrt: & Time Signal, and World Three Greek soldiers have News London Balay)) *#10, The Brenda was led off to pay the around between team at will out and the law as I understand it introduce
In view of the facts as above set Churchill's Government would been killed and four wounded Summer Exhibition of the Hongkong and a licence and that in that case | hold that the agreement of May
a Denationalisation in new Incidents on the island of (studiol) 8.15,
Art, Gubia Talk by Austin, Costes \"íòx209"Bert Bill in Parliament to transfer As I suggested earlier, there the daughter-in-law and her husband: 21. 1001. betwewa Chan Wina-lin and Were similarities in the two short of tenancy, but for the purpose of this Application
occupation art or nesive Cheung Hie-kre must be considered the sock of Government-held pho, in the Evros territory in Gillette at the Conanie: 0.30, Rustl
Thrace, the Greek Gentral Staff Laugh (BBOTS) with Ted Ray. .cnser. Their endings nvero) with an equitable right to remain in to be a faso oven though there are
companies to a special agency announced
Fitty Bluett and Peter Bollers; tonlight different..
petreson by naylam certain instal, terms.in it other than those unually for sale,
the Strictly off
Record-flecent ients which world grow into a good
Ho said that on Saturday.
Populag Rosenver; 0.30, «Musical Note: 'equitable title when such instalments possession was given to the second The Agency would start Greck militia patrol repulsed a book prosented by the Rev. Father were paid.
Denning 1. 3, refers to the classic with powersion under Section 20 of
opponent which consututes a parting selling as soon as possible after group of Bulgarian soldiers and.. Ryan, 67, (Slidin): 10, Olymple „Report (Recorded London - Helsyj--- INTELLIGENCE TEST SOLUTION Retinition of a teence propounded by
the passage of the But, the peasants who tried to land on Including the Landlord and Tenant Ordinance
Eys-Wies Arcotints, Vaughn C. J. In the › @eventeenth (Chaptar (255) of Revised Ordin Paper sold, and where practical the islet. -There were **Commentaries and Interviews re- century in Thomida v Borrell (3) | anees of Hongkong.
would
carded from Helsinki: 19.30. At the give priority to former changes. Vaughan 338 :'
Under these circumstances I must shareholders. Present shares.
(Joliann dive the "erders for. eviction" sought,
Yesterday another party of Ballet Graduation Ba
iStrausk)---Dəlisə Annphory Orchi and order. (1). Vacant possesion of of iron and, steel stock in the Bulgarian soldiers disembarked | cond: by Antal Dorau; 1040, Dancing tha promises 30 days from the dale | nationalised company would on the laland and ambushed Timur. 11) Radio Newsreel (London hereof; Megte profits in the become Treasury sock-United Greete gendarmes and militia- 11.15. Goodnight Music:.1152. amorjat of 83 per month rent unti
Washer nepostr God: Bave The the date of possession sa given.
mer-Router.
QUERE)-1150, CIOBO, GOWDA
fine.
1
the three namen are: Dentrice imogen, Rosalind
London Kyorras Service
Printed and published by Bawant" ARTHUR GRAT for and on behalf of South China Moming Post Limited si 1- Wyndham Street, City of Victoria, in the Colony, of Hongkong.
found m'a desene erud that exclusive
PROBU
.
China
People's Republic,
9.30
a. train via Canton.
Burma, 10a.m., 65 Lepeverett. U.B.A., Canada, Central & South America, 1 D.10. # Jeppesen Maersk. L
Hawall,
Formosa, 2 p.m., is Sheng King. Japan, 2 p.m. is Foochow
THURSDAY, JULY 31 By Air Philippines, Guam San Francisco, Noon, via P.A.A.
Indo-China. Franos, French North & West Africa, 4.30 p.m., Air Vietnam.
Philippines, N.
p.m.
C.P.A.
Bornes, 4.30
sim. B. & W, Paxletan, Middle
Great Britain, East, Africa. rope. 4.30 p.m., D.O.A.C.
Eu-
By Galbraith
5-26
Cạện. 1968 by NEA Dərvice, ina.
"I've never had any lessons or, Instructions and that's why I like golf-overy other game my wife tells me how to play!"!