A
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LANDLORD AND TENANT. IMPORTANT - JUDGMENT BY THE
ACTING CHIEF JUSTICE. THE POSITION OF STATUTORY TENANTS.
case
THE HONGKONG DAILY PRESS,
was
LAW AND LOCAL "CONDITIONS. Again the common law right of the landlord was cut down in a further ces-
F peet. One mouth's notice to whisk at tommon law the tenant was entitled,
not_suEcient!" Ünder this sub-section Judgment was delivery yesterday after the statutory period of three months was noon by the Acting Chief Justice (Mr. substituted.
It seemed to him to be Justice Gumpertz)' in n posses clearly indicated that the statutory no a number of tice was all that was required, and that claimed W
·W'ila tetentent houses. The case was the oneno notice at common law was necessary in which an interesting point was arguid] The expression, "natice of" quit," was as to whetheran offer in the Secretariat term of art and must be given its could be called upon to give evidence onį proper value, and he should not be doing matters which come before him in his this if he held it to be merely one among official capacity.
several conditions precedent. Nor was it necessary, he thought, that it should expire with a term of tenancy,
sinu
Mr. H. C. Mactpimara appeared for the fungibirds and Mr. C. A. S: Russ for
the tenants.
SATURDAY. - MAY
10TH, 1924
PHILIPPINE INDEPENDENCE EUROPEAN POLICE SERGEANT.
QUESTION,
VIEWS OF THE GOVERNOR-
·A· BETRAYAL OF OUR TRUST.""
Following is the text of Governor.
CHARGED.
ALLEGED INSUBORDINATION
REFUSED TO SALUTE "
INSPECTOR.
AN
General Wood's recent cable to the Sergt. Nelson Roberta of the Hong- Secretary of War, in which he stated that kang Police, was charged before Mr. immediate independence would be a "be-R. E. Lindsell at the Central Magistracy.] trayal of our trust as regards the people yesterday morning, with being guilty of of the Philippices :---
insubordination in that he refused to
salute 丸 superior officer (Inspector Walter Kent) on May 8th.
"I sympathize deeply with the desire of the Filipino people for independence. but know they are not yet prepared to
The case has aroused considerable in- assume ita responsibility, either from the terest and the Court was erowded with standpoint of instructed public opinion, members of the Police amongst whom preparedocas for defense, a common lan
were the Hon. Mr. E. D. C... Wolfe. guage or economic resources, I am con- Captain-Superintendent, of Felice. le was true that the words "which vinced that the President's letter to
Sergt. Roberts pleaded "Not Guilty af delivering judgment His Lordship was expire at any time we're not found Speaker Roxas voices the true interests to the charge and asked that the charge sauk it, was a claim for possession of cer- in the sub-section after the work of the Filipino people and indicates the amended as the original charge had tain premises held on a gunthly tenancy tice to quit," but they might reasonably sound, aine, humante policy which should been amended to bring him within the
which was alleged to have been duly be implied. Chinese tenement building be followed. The present. Organie, Aerjurisdiction of the Court. He was not, be determined by notice to quit. There were traancies often run, not from the first with certain amendments is adequate to šak, the same curge as was read out to q manber of similar chahas by the same or the 13th of the lunar" month; they party out this policy until such time as him in the Superintendent's office. plaintiffs and as the outstanding, question usually commenced from the day on which the final relations which are to exist Sergt. Roberts also asked for a remand sof hy was the sums it was agreed that the tenant went into occupation. If a
between the United States and the people in order to give bird time to segure legal they heard together.
tenont had plenty of time to seek new of the Philippines may be determined. advice on the matter. The plaintiffs had an alternative claim yanrters it matter not on what day he
To grant immediate independener based on arrangements alleged so have was dispossessed, Again it would ch- would be a beartless betrayal of our trust been arrived at a meeting on Jungary viously be inconvenient for a landlord and result in turning over the twelve nil glad. The plaintiffs called evidence is to desiring reconstruction apt to get bosses- Lion people of these Islands to strife and whurt took place at this meeting at the sion of the whole building the same day. | disorder in the near future, for it would offers of the S.C.A., and Mr. Nihill at 1f the tenants' contention was sound he result in almost immediate, sérimis clastics
JUNK RUN DOWN. tended on subporne, but the S.C.A. obwould, have to wait for another month between the Moros and Christian Fili-
The master of the "cargo boat 31 ma jerted that for him to give evidenes as while the tenants went out. some on one picca, the former Being a unit against parts to the Harbour Once that he picked to what took place at his office would be day and some on another,
independence and desiring the continu-
wrecked up a crew of three men from a prejuicial and injurious to public in
aare of American sovereignty. It would junk off Ching Hui at 1 am. yesterday. terest.
defeat true independence, both economic and brought them to Hongkong. and political, ruin the sugar and tobacco The junk's crew state they were run industries, destroy coufidence in invest-down by a steamer at about 3 ani. yes. ments, with resulting wrecking of the terday. The steamer, they asaert, did finances of the Islands. with attendant
not stop. The junk owner puts the value idleness and disorder. It would be a ser of his vessel at $150. Personal effects to It had been objected that if the plainous blow to Westera civilization and to the value of 300 were also jest..
render unavailing or destroy lunch of our; the Christian effort in the Far East, and!
work here.
Thar question of Privilege was argued by the Crown Solicitor and the plaintiff's malicitarr. On looking into the case His Lordship said he considered that it would
The legislature was presumed to be cognisant of local conditions and in the absence of express cnactment to that effect he found it difficult to usstane that it was intended to lay this additional burden upon the landlord.
JUDGMENT FOR LANDLORD.
NOT YET READY,
The Magistrate adjourned the case until Wednesday toon on the defendant's. application and ixed buil at 250.
MACAO NOTES.
desirable for afidavit to be pre- pared explaining the position and func tions of the S.C.A. This was done and tiff's contention was correct it would be Mr. Macnamara objected on the ground possible for a landlord to get possession "that the argument, bed been closed and under three month notice against a that a dolge had no power in a civil
texalt from year, to year or even agaiust master to call a witness except by the
"I am convinced the true situation in
AMATEUR ACTORS VISIT CANTON. a tenant holding a lease for years. The the Philippines is not understood either.
The Portuguese community at Canton sousets of the parties. 2s to that objec-suggestion was hound to be inade, but by Congress or the American people, who having invited the members of this society tion is Lordship aid he was, not aware he thought it was more ingenious than heading propaganda and information to Canton to give a concert, it has been
have been misinformed and deceived by that this discretion of a dadge to suggest sound. It would be difficult to invoke the which has been circulate the Inde arranged that it elke place in the further evidene og farther arrument had provisions of a statute enacted in the pendence Mission's Press Burtis Canton Club Turatie ou Aandag, daug keli ever been questionedi
others and I urge that the fullest op- interests of a tenant to curtail the co-portunity for a hearing be given to those of the twenty-six items on the programmie tractual rights of a tenant as against his who have lived here long years, have had no fewer than thirtees will be Portuguese.
vide
experience and are thoroughly Lam
H
ESSENTIALS OF A NOTICE. His Lordship then read the affidavit
PUETCOAL'S FAMOUS PORT...
landlord. He had no doubt that the liar with existing conditions. The people About thirty-five members of the Society, He had carefully considered, he said, question would be adequately deals with are contented and public order is excel accompanied by a number of friends, will the, cases that had been cited thin should it ever arise.
lest, except for occasional clashes in the be proceeding to Canton from Macno. -and had come to the conclusion, that the
Moro country and disturbances arising MP Ruw had also pointed out that from fanaticni religions outbreaks against. true principl of them was that officers of the Rents Amendment Ordin- the authorities, such as
the recent Luia de Canoes, the great Portuguese of a department when reporting to their
Colorum disturbances. ance, 1924, required in addition of Cer-
poet and historian, is believed to hu officin-chief hould be rige to express tain words to the certificate of the Build
#1 am convinced that the people as a been born in 1324. (four hundred yearə whole in their hearts appreciate the bene their opinion freely, unhampered by the ing Authority which was to be attached) ft which have come to them under our ago, this rear)... A., suitable celebration |
taowledge that what thy, write muy afterwards be given to the world. Fur
(P).
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the notice to quit under sulmection fag and that our Government here is con- is to take place at Macso on June fois THE CHINA DISPENSARY
as the soldier poet was resident at one
ther His Lordship said Mr. Macnunata | March 6th and the writ issued in this Governor-General I have received but one time in 3lacao, and a bust of the poeti
laimed only a limited disclosure but he thought he must be entitled to all or
The ordinance, was passed on
action on March 10th. It was agreed that the notice in this action had expired before the law was amended. That was
of action: he had a vested right to ask to say the plaintif had nequired a cause
for an order for ejectment and this right had accrued to him before the law
Wus altered.
ti
There must be judgment for the plain
with costs.
In his opinion no definite agreement was me to in the v-ce of the SC. It remained to consider whether the notice was good and sufficient. The case had been argued with much learning, both sides finally concentrating on two recent cuses, Simmons . Grossley and Queen's Club Gardens Estate, Ltd. . Bignell.
AN APPEAL. For the purposes of his judgment he as- shined that the Queen's Club, case had A stay of 14 days of allowed, the rent iwen rightly decided end that, as a cor.and meme profits to the date of the rollary, a monthly teaancy could only be judgment to be paid into court within 7 termicated at common law by a mouth's plication of Str. Rass pending appeal
days. The stay was granted on the ap
notice expiring at the end of a monthly term. Did it follow that the statutory three months' notics Section 4 (1) (1)})\ of the Rents Ordinance, 1922, was bad
anless it expired with a term of tenancy
ur unless a notice that was good at com
·
LOCAL SPORT.
REGIMENTAL BOXING.
21 FIGHTS FUR TO-NIGHT.
9 o'clock. Judging from the displays.
SOCIAL
ducted for their best interests. In the two and a half years Eave been here as petition from the people on the subject may be seen in the gardens which bear called crisis during which agitators—and of independence, and during all this so his name. I am sorry to say some of its leaders-
the United States, I have not received a has been posted to Macao, where his have tried to line up the Filiipnos against the Government and representatives. of officers of the Chinese Maritime Customs, single signed or unsigned communication
afr. Carlos Cabral, one of the senior
of an unfriendly character from any one popularity makes the transfer "very wel- of the twelve million inhabitants of the come to the, community. Ialsada. -
CINEMA" NOTES.
This tells the story. The bulk of the people want independence at some future time, and generally speaking under our protection. Those who understand pre-
Jazz songs, classical bailada and clas sent conditions know that they are not sical dancing will be presented by the yet ready for independence. This, most Olympia Follies who will commence of the political lenders-indeed all of the short season at the Queen's Theatre proguiment ones-have admitted to me, to-night and will perform twice daily, at some of the mrepeatedly and very recent 3.15 and 0. 15. At these two performances, ly. They admit freely that a considerable the programme also includes 'Slim number of years will be required before Shoulders" featuring beautiful Irene the people will be prepared for inderen Castle and at the other performances will dence, either from the standpoint of Le seen The Unfortunate Girl," a top- national defense of resources. They all ping Chinese production. labour under the impression that" what ever trouble they may get into, troubles" which are certain to occur with neigh bouring powers due to racial, immigration and other problems, we will come to their assistance; and they do not realize that
are we leave here we cannot return,
mon law was also served on the tenant?}.. The semi-final and final bouts in the it, had been suggested, said His Lord-Inter-Company Boxing Championship of aki, that when the ordinance had been the East Surrey Regiment will take place
S TO CARRY-ON. *- Fulfilled, the common law rights of the the City Hall to night, commencing at tenant still remained and that he could given in the eliminating rounds on Wedditions are known to the American people "I am are that once the actual con uly ejected after a notice to quit nesday and Thursday, some close conteste and to Congress it will not be the policy shall be witnessed. The programige of either to abandon these people until that was good at common law.
they are prepared to maintain stable government and. meet the obligations of Ordinance concerned (Sec. 4)," were Pte. MeGreavy (R) r. Pte. Barthropan independent national existence. grouped as they were for convenience (B.); Pte. Squiré (0) », Le Collyer Agitators of false and misleading pro- And with a view to symmetry. It was (D.).
His view was that the sections of the
follows:
LIGHTĚRKAVJES.
'a matter of draftsmanship but the argu- Pte. Maxwell (B). L. Humberstana went for symmetry could be carried too (W.); Ptr. Faton (A.). Pte. Shepperd far as he thought the argument for the (C.). defendant was being carriedig 14
Under sub-section (f) of the Rents Or finance the necessary conditions preoc dent we ere the existence of certain facts. Ponsension must be required for a cer tain purpose. Having enunciated the conditions precedent,
"WELTER-WEIGHTS,
LIGHT-WEIGHTS
L. c. Williamson r. Bdsm Wareham; Pre: Simmonds (B.). L. Smith (C.).
Having won instant success as a novel, Fonjola," which comes to the Cervact Theatre as the icature attraction this evening, is likely to prove even more popular as a film, since the producer has not only the author's streg individual note but has alig invested the whole story with the finest realism, Picturesque and Eafie villages make the atmosphere backgrounds of night camps, caravans vivid and real in this wholly admirable picture which is sure to delight Hongkong cinemas-goera to the atmort.
paganda have thus far very largely hnd We must not be swept off our feet by the floor, and with the exception of state the purely local sad artificial agitation ments contained in the letter of the Fresi-produced by a small group fanning the dent, and those of the Secretary of War very natural desire of the people for in- nod a few others, the American people dependence has absolutely failing to en- have been misled and befuddled as to lighten them as to existing conditions or Philippine conditions and sentiments to the costs and responsibilities which in- Pte. Mann (A.). Pie. Barber.
Pte. Pooley (2) Pte. A:: Brunt (D.);wards the United States. He should go dependence involves,
ahend courageously, patiently and kindly "Most of the serious defects pointed in the discharge of our clear duty to these out by the Wood-Forbes report are in people and to the world. No greater or process of being corrected but under great more brutal injustice could be done theso difficulties and will require years for people than to abandon them under the accomplishment, such as development of guise of granting them immediate inde natural resources, properation for econ- pendence when they are not ready for it omic and national independence, and and I-nin convinced that such procedure preparation for national defense, and the would in the end be not only destructive building up of individual civic courage- to Philippine hopes nud aspirations, but The people are too often afraid to express most unfortunate to those responsible for themselves openly and frankly, In-con- such a policy, once the American people clusion, 48 scoit, the responsibility understand the real conditions and see resta squarely upon us to continue our Pte. Blonke (D.) » Pto- Brenner (A); the results of such a policy We have work bere until we ourselves are satisfied to contain certain partimlars. It must Pte. Mahey (C). Pte. Savoy (W.) put our hands to the plow and this is not these people are prepared to maintam an also be accompanied by a certificate from The winners of the foregoing bouts will the time to turn back.
independent national existence. the Building Authority
Fineet in the finals,
night have stoppede enactment
FESTİJER-WELGEZH.
Pte. S. A. Smith (C.) r. Pte. J. Grant leaving the Cpl. Enden (R.), L.-c. Halcombe landlord to proceed at common law that
Pte. Blake (A.) P. Ptc. Butt (1.); Pte. was to say by a month's notice in the
Joy (W)
KASTAM-WEIUCTS.
for the interest of the tenant the legis. Chik Major (W..
Appropriate form. But in its solicitude
Jature had gone further, the notice had
FLY-WEIGTS
(Continued av foot of next column.)
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