Page
WHEN
RENTS - ORDINANCE
- LITIGATION.
ARE ALTERNATIVE PRE- MISES AVAILABLE ↑ "
A great deal of litigation," arising
THE HONGKONG DAILY PRESS MONDAY, AUGUST ÆTH 1991.
HONGKONG DAILY PRESS." EUROPEAN FINED FOR A PAWNBROKING PROBLEM.
AN APOLOGY AND A FOOTNOTE.
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[CANTON INFORMATION BURBAU.]
CANTON, August 19th. ' The Canton Information Bureau bega
ASSAULTING A POLICE
SERGEANT.
1
HOW MUCH MAY A PAWNBROKER ASSUME1
D
Mr. M. K. Lo defended the proprietor of the Sui Cheong, pawnshop, Yannati, who attended before Mr. E. E. Lindscil, on Saturday, on a
W
CROSS-SUMMONS DISMISSED. The hearing took place, before. Mr. Guth of the Renta Ordinance. was anti-to withdraw, with apologies, the charge R. Lindsell, on Saturday morning, of
charge of neglecting sipated by Mr. Alabaster in his address made against the Hongkong Daily Press the adjourned summonses against Jeha to the Legislative Council, last month, it a statement issued under date of Thompson, muster mariner, staying at the to seize or detaip a Chinese who' pawned bobalf of petitioners against the Bill yesterday, alleging the suppression of & Carlton Hotel, alleging disorderly conduct European-made rain coat, worth $3. and the prophecy Appens to be in prostateasent prepared by Mr. Eugene Chen outside the Hongkong Hotel on the night for $3.
The raincoat was part of property ces of fulfilment. Some cases will be beard for the Bureau. The latter statement was of August 5th, and än gestole upon an
stolen from the house of Mr. H. C. Page. in the Summary Court, in the present published in yesterday's issue of the Indians police sergent,
The defendant, who was represented by of Chatham Rond, Kowloon, by the hous week, and others are foreshadowed.
paper which reached the Bureat this
The houseboy was enaght and If there is going to be a great number
morning, As the statement appeared in Mr. D. H. Blake (of Messrs. Wilkinson | boy, of these cases it looks as though it will
& Grist), cross-summoned the police ser- sentenced; the pawnticket of the rain- be convenient to use algebraical symbols another Hongkong morning paper ou
language. for the parties. When the litigants are Weducaday and had been released in timeant for assault and using abusive cont was found in his possession, and Chinese, as in a case at present before for publication on that day, the Burcau the Puisue Judge, inwyers and shorthand inferred from its non-publication in the Wednesday issus of the Daily Press that' writers had their tongues (or pencils, the latter had decided to suppress is as the case may be) skidding hopelessly Responsible circles here are gratified to songst unpronounceable names. There learn from this mistaken inference of the Bureau that no British paper in Hong- is the tenant whom it is desired to wject; kong would think of interfering with the the new owner of the premises, why.legitininta rights of freedom of speech on desires to eject him; the landlord of the a matter of public interest. "alternative premises "" to 'which it is
"
N
Mr. T. H. King, the Deputy Super intendent of Police, conducted the casu for the prosecution.
this led to the present procedings.
Sgt. Murphy, in reply to the Magis trate expressed the opinion that very fey middle and lower class Chinene would wear an overcont such as this.
Mr.
of raincoats were on sale at beans, however, suggested that the large Chinese stores in De Vieux Road add that many middle class people wore them.
It was elicited that, when arrested the house boy was wearing singlet and trousers only, but Mr. Lo said the ac-
dressed nicely and he took him for one of the merchant class.
Police Sorgeant Nabi Bux, B946, said hit had been 2 years in the force, and was now on.. traffic daty On August 25th, at 8.45 p.m., lie was ou general patrol duty near the Hongkong Hotel, The sergent on duty there, L/S B135. asked him to stand by his post for minute, and he did so. While there, he under the Hongkong Hotel verandah. It was running after, and barking at peo- ple; he saw it do this four times. After wards it stood by two Europeaus-the He went up to defendant and another.
Mr. Lo also made the suggestion that the two Europeans and said, in English:
Please catch this dog: biting any pas hard up European might send his
hoy to pawn things for him. sengers. The answer he received was
Inspector Aris thought such a ----blitek Cet away, you
The language is scarcely printable; therence was very rare.
noun was an aspersion upon the policenau's parentage.]
Mr. King: Who said that? Th witucas (pointing to the defen ant): This gentleman
a
The Magistrate said that was rather strange; the accountant told the police he could not recognise the pawner.
la publishing the statement prepared suggested the tenant air" reasonably be by Mr. Eugene Cher, the Daily Preta has noticed a yellow chow bitch running countant told him that the pawner was)
added the following editorial footnote asked to go, and there is, often, the manIt is essential to a complete under in possession of the alternative pstanding of this question to add that hy Treaty made between the Governments mises" who, usually, refuses to budge. of China and Japan, signed at Peking on When all these parties, have four May 25th. 1915, the Chinese Government engaged to recognise all shatters that Chinese names the tangle speakers get may be agreed upon between the Japanese "into can be better imagined that Government and the German Government respecting the disposition of the rights. interests and concessions which, in virtue of treaties op, otherwise, Germany po
the BCBSCR`vix-a-vis China in relation to Province of Shantung. We suppose that there are few Treaties with China which Chinese politicians would not say were extorted in circumstances of diplomatic force majeure."
described,
Why got agree upon a code thus: Let "T" be the tenant: Let E be the new muner desires to ejret;"
who
Let L be the landlord of
the
(instructed by Messrs. Johnson, Stokes Dentaids, which Japan centy-One
Final
occur
Mr. Le said he had members of the Portuguese community in mind.
The Magistrate thought the circum- stances placed the onus on the defendant to show that he took reasonable precaur tions.
in support of the claim that defendant had no case to answer, Mr. Lo said it was not unusual for an article to be The witness went on to say that. in pawned for much less than its value by weapons to this, he said, again, in Eaga person who only stood in need of a alternative premises," and
fish, Please
you not abuse me; you get small satt. No notier of theft of a rain- Let be the man in possession
defendant abused hiin. Froát had reached the pawnbrokers. Mr. Eugene Chen's comment on the this dog." who won't go.
foregoing footnote is appended: The again, with bad language. For the second These suggestions re respectfully
food of reference to the Treaty of May 25th, 1915, tim. he said. Why you nuse e submitted before the
is not quite clear in its learing on the please Defendant said. This is not oratory are opened for mother week.
The case in which Mr. F. C. Jenkins, I desired to on the
I desired to elucidate. The Treaty my dog." Witness said Not your dog?
ratch this dog and go police station." The accountant of the pawnshop gave the As he bent to catch the dog, and called evidence that, $3 was asked on the coat, Master) represents E (the Tai Tung Chinese Government to sign under gres- it to him, he received blow up his but he only advanced 83.10. The maa Witness gave a Hongkong address. The witness Firm) and Mr. C. G. Alabaster (instruct sure of an ultimatum delivered on May shoulders from the defendant.
My was on the roadway at the time; the admitted that the pawner gave the name. ed by Messes, d'Almada and Mason) re- 7th, 1915, threatening hostilities. presents T (the Fook Tung firm) was statement did not deal with the purely defendant came out from under the of a street which he knew did not exist, Defendant but it was, nevertheless, entered in the advanced a further stage, on Saturday formal agreement concluded between the verandah and struck him. morning. A new complication arose. Japanese Government and the German appeared to be about to strike another book.
hold of him and The accountant was asked by the Magis- L was called, and let down E rather Government." as embodied in Section blow, but witness took.
another constable came and also held him. trate to point out any other entry in badly. I was understood, at an inter- VIII. of the Treaty of Versailles relating anger, they took him to the police his books showing that someone had come view on August 3rd, between the parties, tout, I ventured to direct attention station. The dog-followed, still burking from Hongkong town things in Yan-
Shantung In the interests of that accommodation was available at L's
Defendant re-mati: He could point to no such entry, place to T, but I now stated, in the to a statement made by Mr. Lloyd George and running at people. witness box, that he would not accept T at a memorable meeting of the Council of aisted them most of the way to the station. and the Magistrate told him that the Four, when it was decided-not by the The witness said he did not, at any mention of Hougkong should, therefore,
time, German Government-but, by Mr
what he bad said, nor did he The Magistrate find the gener him Hindustani the onus lay upon E to satisfy the Court Geo
proved and fined the pawnbroker 821.. and President Wilson, to trans- abuse that alternative premises were vail-menceau
Mr. King During this altercation did, fer to Japan rights in Shantung which Mr. Alabaster submitted that, the had been leased to Germany but raverted the other European say or do anything
China on her ent to C
entry
the war into
the at all t I OD
Witness: No, he did not interfere. Ha plaintif (E) had failed. No. 98 waside of the Allies. And I desired to under the control of Chan Yue Ting and be had not offered it to the Fook Tung pillory Mr. Lloyd George's attempt, to took no part but came to the police
dragoon the British Empire inte firm (ie., L had not offered it to T.) Mr. of the Anglo-Japanese Alliance by exploit. Alabaster argued that alternative pre-ing the Englishman's sense of fair play mises were not available," within now that he realises that the goodă 'can- the meaning of the Ordinance, unless not be delivered by legitimate means. an order of the Court would put T in passession. After the evidence of L-just given to the Court-T would be ou the Street if His Honour gave judgment for the plaintiffs (E).
As tenant.
Lloyd
This led to a discussion as to, how far with the acquiescence of M. Cle. dant by other words to the deien have made him. suspicious.
able to T.
renewal
"He says to-day that the Anglo-Japan- ese Alliance enabled England to secure Japanese assistance during the war, whereas he stated at Paris on April 22nd, 1019, at 4.30 p.m. that it was the Secret Mr. Jenkin The Court has to be Agreement relating to Shantung. dated satisfied that the same aineunt of accom- 16th February, 1917, which enabled Eng. modation, in a domestic tenement, island to secure the assistance of Japan. available to T as they had in their There is a short. ugly word in the former premises, where they only used Sassenach vernacular for that sort of two floors for domestic purposes.
inexactitude.'
station with un
Before the defendant struck you that blow did you touch him at all?No.
In cross-examination, the witness denied that he threatened to shoot the dog or that he used objectionable language to
the defendant.
"
Mr. Blake: I put it to you that you did more than once and used other words such as "wine."
Witness: No, I do not abuse Chinese. Should I use such language to an Eng lish gentleman
SPORT..
WATER POLO.
UNITED. V.R.C
the
The following will represent United in the above League Water-polo match to lay at 5.30 p.m. sharp-A. E Simmons, W. Gerrard and J. Leonard; D. Laing IC. Finch, J. Rodger E. W
·Railton.'
COMPANY
The Judge: But what does. "avail The only comment which it seems neces-and the defendant struck him, a blow, The Board of Commissaries in their able" mean, that the defendants (T) have the right to a possession order, and can get it?
No, I don't think it
Mr. Jenkin: means that..
it?
The Judge:
Then how do you put
Mr. Jenkin: That they can have " two floors there.
The Judge: Can have"-in what
sence i
Mr. Jenkin: In the sense that any statement to the contrary is a "bluff." The two doors, available on August 3rd,
are available now.
1
The Judge:In face of the landlord's statement that he is not prepared to grant a tenancy to the defendant and that the Court cannot, therefore, grant possession?
sary to make on this statement is that Japan had been assisting in the war more than two years before February, 1917. Ep. H..F
MOTOR BOATS.
A NEW REGULATION.
station.
Cross-examined: He bad met the defen. dant before. The latter accompanied him to the station, a few days ago, and accuse ed him of assaulting a coolie whom he had arrested.
shares.
31
P. B24, aw the beginning of the inci- ROYAL DUTCH PETROLEUM dent The Indian sergeant spoke to the Europeans and pointed to the dog. Then he saw the sergeant bend down to the dog The sergeant caught hold of his arm and report to the shareholders submitted the witness went up and took bold of the balance-abeet and profit and loss account other arm. They took him to the police for the year ending 31st December, 1920, from which it appeared that a dividend f per cent could be paid to the share holders. In accordance with Article: of the statutes a dividend of 41 per cent. had already been paid on the priority An interin dividend of 13 per Inspector Grant said that, on arrival cent, was paid on the ordinary shares in The regulations made by the Governor at the police station, the defendant was January of this year, so that 23 per cent. very excited" but did not appear to could still be paid. They therefore re- Therecommended that. after payment of 4 per Council under Section 37 of the Mer be under the influence of drinks, chant Shipping Ordinance, 1500. Ordin: was no indication that he had been cent. on the preference shares and 4 ance No. 10 of 1990, on the 5th day of roughly handled by the police; his cloth-per cent. as mentioned above on the April, 1017, and published in the Gazette ing was not disarranged.
priority shares, the dividend for 100 an the said 5th day of April, 1917, as Mr. King: Did he make any remarks be fixed at 40 per cent, on the ordinary Government Notification No. 11 as to the Indian sergeant in the charge shares of f100-pez share of 1.1.000.- amended by the regulation made by
and 10 per subshare of £100- Officer Administering the Government in Witness: He called him several, very The recommendation was approved. Council on the 3rd day of October, 1918, fichy names, several times; I had to speak and published in the Gazette on the 4th to him about it, day of October, 1913. as Government Mr. King: Call & apade a spade and three or four times. He denied striking Notification No. 381 are amended by the tell us what he said.
Mr. Jenkin: If you believe that is true; of course, that's the end of it.
The Judge: I may doubt his bond files. but is it not essential that the plaintif must call the landlord to say he is will-tion- ing to grant the tenancy?
4
the
room?
4.
addition thereto of the following regula Inspector Grant repeated expresssions the policeman; he had more sense thaa similar to those already given by the to do that, though be had great provoca- 33. The master of every launch or Indian Sergeant.
tion. He admitted using bad language to Defendant also said Mr. Jenkins. No, I don't think it is. motor boat when conveying passengers that if he got a chasice at the Indian the otheer, after the latter had abused They are trying to hide from you that shall be responsible that such launch or sergeant, outside, he would kill him. He him. He had remonstrated with both there are these available premises. motor boat is carefully steered and travels mentioned that he wanted to make a police officers. before, for harsh treatment
The Judge: Are you not asking me with reasonable expedition and shall per charge against the police sergeant but he to act on suspicion, and not on evimit any passenger travelling on such did not specify it.
Jaunch or motor boat not being a ferry to disembark at ady place where such pas senger can lawfully disembark without risk when requested by such passenger ta
dence?
#
Mr. Jenkin: You have more than suspicion.
The Judge: There is his evidence, today, that be warts the premises Tor his co-related firms. I don't see how I can get over that.
is i
do so."
THE DEFENCE.
of Chinese...
to
Cross-examined: The-list ship he com manded was the Chefon; ha bad nov.com- manded a ship for 2 years; had been Mr. Blake called the defendant.
staying at the Carlton Hotel since April Defendant said he was a master mari- 28th; before that in England for two He could have had employment He years. ger, staying at the Carlton Hotel had been on the China Coast for 16 or hut would not accept the positions going. years. On Thursday evening, at 8.30 As a white station by Indians; in India he objected to bring o'clock, when standing outside the Hong take Mr. Jenkin: If you, accept that, you Mr. Jenkin I can show it was his kong Hotel, in Des Voeux Road, he noticed only European officers were allowed to agirding policeman he had taken to the arrest European Foods, ship's mate, have no alternative."
intention o let, on August 3rd and, ex-
police
Alex Livingston The Judge: 1 have as many suspiccept for his evidence, to-day, that bas station a few days previously. The ops as “you have,"
never been gone back on. Ought his man pointed him out to a police sergeant staying at the Carlton Hotel, said he was Mr. Jenkin: Yes, I am sure the thing mental attitude to be the pivot of the and both of them came over and pointed with the defendant at the time of the "ramp" of the first order. Mr. case? I say it in not fit to be the pivot and laughed. They hailed another Indian incident. He drew away, some paces Jenkin went on to say that accommoda- of any cas
and all three stood near him and when the sergeant spoke, not wishing to tion was available if it was in the
give the exact words used. The first bad which usually followed him, was market. It was a question of' avail- Mr. Jenkin: I quite agren. But the
Tanguage he heard was used by the sor- ability in fact, and not in law. He landlord has only to keep mum," and attracted by a piec
He called geant. Defendant did not strike the quoted a Kensington case. in which no say or do nothing, for his intention to string by a Chinese carried on a commodation on the books of house be entirely a matter of conjecture. That the dog to his feet. The police sergeant officer, he walked up to him to get a closer agenta was bald to be available" to a makes things impossible. Then he goes said to him. Is that your damn dog?" view of his number and the sergeant then
he replied, tenant whoso premiscy were wanted by into the box: there are only two alter your own damn business.
No, get away from me; seized him and shook him.
The Mr. Blake, addressing the Magistrato, his landlord.
natives, to let, or not to let When he police porgeant then said he would shoot and that there was absence of motive on The Judge said it would help him it says he does not intend to let he must the dama dog and he rejoined If the defendant's part, but the police might Mr. Jenkin could show that it had been be lying and the truth must be that he
Defendant added that be
their conduct made by ruled that premises were proved avail tends to let. You cannot penalise me, you do. I will shoot your damn head off," have acted out of spite, on account of
the defendant...
The Magistrate: I find both charges against John Thompson proved. I fine him $15 on the first summons, and $25 on the second I and the charges against the police sergeant not proved and dismis them both.
The Judge: Still, the onus is on YOU a dog belonging to the Carlton be involved in the matter. He could pot
of
ablo if they were vacant" and if the if all possible evidence is adduced; as a joke thad said that more protests:
owner did not intend to occupy them both sides, and that portion of it which
hunny sort of
commented, the
himself At present, he felt one had to would defeat me is not worthy of cred-made that the police rors:
go further and not only prove those two encó, things," "but a third, intention by the His Honour intimated that he would landlord to let a
comidor his judgment and notify counsel Inter
(Continued n't foot of next colkmu.);
witness
geant used offensive language to him and lifted him off his feet and kicked him (Continued at foot of next column.).
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