Page
WALKING ALONE.
A TRIP TO HEBE HAVEN.
AND A FEW REFLECTIONS ON ROAD BUILDING.
(DY A CORRESPONDENT. ]
The trouble with many people is that they won't take their pleasure in their
may say so, to be driven in Qadareno herds to places 'where they do not really
THE HONGKONG DAILY PRESS, WEDNESDAY, DECEMBER 2380, 1925
SUNDAY IN MACAO,
A PLEASANT DAY'S OUTING.
EFFECT OF AN ANCIENT LAW.
SUMMARY COURT JUDGMENT.
THE WING ON CO - THÌ CHÚNG
YUEN HOTEL C00) --
[BY A LADY CORLESPONDENT.}
It is a general ground of complaint that Hongkong, while being the Island of Mr. Justice Wood has delivered judg. Fragrant Waters, is at the same timement in the case in which the Wing On bounded so securely by them that escape Co., Ltd., sued the Chung Yuen Hotel elsewhere is difficult. Hence it is often Co., Ltd., Wu Sung Street, Yaumsti, for
ANTI-CHRISTIAN CAMPAIGN. AN INCIDENT AT WONGSHA.
[FROM OUR CHINESE CORRESPONDENT. )
The first anti-Christian outrage inco the formal inauguration of the movement at Kwangtung University, Canton, on December 18th, took place at the Church of the Covenant in Wongaba, near the Railway, on the afternoon of the fist inst, when certain railway werkers at tempted to interfere with a clergyman. officiating at a meeting. Upon the police arresting some of them there was an encounter between the workers and the
own way, but suffer themselves, if one considered one of the narrowest corners/breach of a lease convenant and claimed Canton terminal of the Canton-Hankaw of the world. "Fanling may be the possession of the premises. Plaintiffs retort, and a very good retort it is. But contended that by subletting a part of the premises defendants had broken a covenant of the lease, and therefore, they, as lessors, claimed possession.
wish to be, to do things they do not really enjoy doing. Také golf, that curious modern cult. At one time a for people played golf because they liked to hit a bali about in the course of a gentle walk; and very nice too. for those that like it. But now everyone must needs go out twice a week to the same piece of ground, and go through a ritual as exotic as the haggis. And as at one time people here were not considered respectable unless they had a pow in the Cathedral, so now they are out of it unless they have the right to stand in the queue at the first
tee.
JJ
....
THE JUDGMENT.
there, with such varied delights as all, swimming, motoring (and recently drag hunting) often it seems only a con- tinuation from what che has fled, namely, a larger Hongkong. Fanling is not an In the course of his judgment His police and injury was caused, to seven integral part of China, but more the park Honour said the premises were used persons The workers overpowered the or pleasure ground of Hongkong residents, mainly as an hotel and they constituted police and seized six policemen. "Now Until recently there were two distinct domestic tecement within the the workers of all the three railways in
menning of the Hongkong. Rents Ordi
Canton are demanding the punishment of nance of 1993.
Plaintiffs acquired them the police, and threatening to strike in by purchase in August 1029. company was then tenant of the whole case the authorities do not decide in premises under a lease granted by a pre- their favour.. vious owner. It was for a period of fre Chinese years from November 12th, 1923, At the date of the issue of the writ in
remedies for this need of complete change (at the moment unhappily there is only for Canton and Macao were the Meccas for those who would see some thing of the mainland, and yet could only spare a day or so for the project.
anteed tonic.
Defendant
Now I like to ride abroad and see the country. At a pinch I will walk to see it: I will even walk with someone else if he is less talkative than I and not one of those pestilent fellows who has views about how long is ought to take to get anywhere and back. Such people should -walk on railway sleepers and count the Fentan Houses, must still contain a cer. in respect of this alleged breach waxudents were present. A number of
the case that lease had not expired. A POLITICAL DEMONSTRATION However, to those who want change This lease contained a covenant against
AT CANTON, and quiet, or change and thrill, Macac assignment. On May 2nd, 1924, the defendant company entered into a con-
{FECK OUR CHINESE CORRESPONDENT] may still be recommended as aguar-tract in writing by deed with the Hing Kee firm in respect of a part of the pre
A ma
meeting in Canton, under the The plaintiff company heard of mises.
way agreed that any forfeiture incurred stated that some 80,000 (1) workers and this contract in the following month and auspices of the Kuomintang Pontical then alleged a breach of covenant. It Party, was held on December 20th. It is
waived by the plaintiff company. In fact
steps.
No doubt most old resi dents have done the all-day trip numer. hours' sail, together with the lure of the ous times, but even to them, the three
taia charta.
41
་
In pursuit of such unsociable enjoyment
The three hours trip both ways, with I recently examined the map of Hong four hours in which to make one's fortune kong marked for official use only,”
orsee the sights," done in a cheerfu: never mind how I got it.-and found there party, makes a delightful expedition. four roads which march up to the top of During these four hours-up to the last hill, and go no farther, but like the moment of the ship's sailing-respectable famous Duke, march down again. There citizens of this Colony hang over upper they are, plain for anyone to see in railings on the second floor of a dingy Square V. One of them goes from the house." looking down on the long matted dam of the Kowloon Reservoir. up to tables below, where every description of Smuggler's Ridge below the Golden Hill, Chinese, from ragged children to withered and indes off into mere track. Another grey-beards, are watching in tense silence goes up to the Eagle's Nest and appar- the counting of the little brass-coins by ently never gets out again. The third croupier operating what looks like a climbs up to Shatin Pass, north of Oldchop-stick, inexorable as Fate. Kau Lun, east of the Lion Rock, and ends To satisfy other tastes there is Macao on Unicorn Ridge. And the fourth runs from Pak-uk-tani, the extreme corner of the Kau Lun reclamation, along the skirts of Kaa Lun Peak and Middle Hill,
to Tate's Cairn.
Now who was Tate, I wonder? From all of them there should be.. a wonderful view of Tide Cove and Tolo Harbour; but I don't suppose they were made just to enable this Tate to go up and look at the view, or even at the Inicom or the Eagle. Perhaps, they were military roads to the old frontier, and in that case, I thought, they should be roads on which a man might ride.
Some day I will try them all, on my own feet or my pony's, but I have tried the Shatin road, and that proved worse than a nuliah. When we got half way up Joy pony said to me,
"It's a goat you want!",
itself as the "Holy City." It has a charta difficult to describe, a quaint mingling of Occident and Orient, whose colours do not clash but blend artistic ally, so that it is hard to see where Portugal eads and China begins.
Some of the oldest streets retain an atmosphere of other days, and a few "land-marka" such as the Facade of St. Paolo remiad one of the departed glorics of the nation that produced Vasco da Gama
they began an action and then withdrew resolutions were passed. One demanded it after which the plaintiff company can the overthrow of the Provisional Covera- tinued to receive rent under the leake
Others called upon from the defendant company until June ment in Poking. 1st, 1925.
Generals Feng Yu Hsiang and Kuo Sung It then came to the knowledge of the plaintiff company that the Hing Kee firm Ling, the Northern warlords, clearly to the present bad by a contract dated November 1994 state their purposes in transferred the benefit of their contract struggle. One advised Hongkong to with defendants to the Wing Shing firm accept the terms of the Chinese strikers. Plaintiffs claimed that this contract was in order to reach an early settlement. entered into with the knowledge and Another resolution denounced certain consent of the defendant company, and former Kuomintang leaders for their further acquiesced in by the defendants withdrawal from the Left or Bolshevik by the receipt of rent from the Wing section of the party now exercising control Shing firm, which constituted a breach of Canton. of the covenant and resulted in a for feiture.
Plaintiffs' solicitors then wrote to the defendants informing them that unless they quitted the premises within a week, legal proceedings would be taken to en- force their rights under the lease. present proceedings then followed.
company.
The
The contract between the defendants and the Hing Kee had been produced It was described as a lease, but that description was without legal effect. The Hing Kee are described throughout as licenseos And the defendants as "the It contained provisions allow ing for the handing over of all furniture, fittings and utensils upon the premises with full rights for the "bicensees to use them during the continuance of their license. Also that the licensees should pay a monthly rent in respect of the licence and the furniture and fittings.
FANCY DRESS DANCE.
AN ENJOYABLE EVENING ÁT BRITISH SCHOOL.
The annual Christmas funcy dress dance and Headmaster's breaking up Christmas party at the British Central School, Kow loon, on Monday evening was very largely attended by scholars, parents and friends. The dance was held in the school hall, which was gaily decorated for the occa sion an
The dance was arranged by the Head- master, Mr. G. F. Nightingale, who was assisted by Mrs. Nightingale and Mesara, T. R. Rowell and G. Band..
Among those present were the Rev. G. R. Lindsay, vicar of St. Andrew's Church, Kowloon, the Rev. J. Horace Johnston, minister of the Union Church, Kowloon, and Misa. Holyoak as officer of the Girl Guides.
ܪ ܂
There was also a provision that they A delightful beur van be spent in should keep the premises properly fitted motoring round the peninsula. The bar-up and decorated and in good repair, bour might well be taken for a niniature damage by fire being alone excepted.
Under the contract the company were to At the conclusion of the dancing, Mrs. Bay of Naples Then cool gardens in-
be allowed the use of one floor for general R. IL Skelton presented the prizes (which rite a quiet halt. and old Churches and meetings of the company in the day time were the gift of Mr. Nightingale) to the Chinese temples tempt one to penetrate and a room for board meetings at night wearers of the four best fancy costumes- through dim doorways. If time allows free of charge. The company DI its They were:-Juniors, classes five and there should also te Ficksha ride agents were to be allowed to enter and six Miss Aileen Hynes (Paddy), and through Chinatown"
inspect at all reasonable times. The Eing Master A. Lewis (Indian). Seniors: Mise Kee were not allowed to assign or other Maude George (garden city), and Master wise dispose of the premises unless by H. Brown (parcel post). the consent of the defendants in writing, and ta, deliver up the premises at the end
A
and tried to sit down. This convinced hundreds of junks and fleets of sampana, At 4 p.m. the steamer slips away, past me that they are military roads, poss-out into the evening, skirting islands, ibly disused!
which later, as the onset deepens, look literally the Isles of the Bleased." of the licence.
As one comes back to the familiar waters, there is a comfortable feeling that the five dollar fare was not spent in
vain.
And so, on Tuesday last, I sneaked off on foot to look at a fifth road. A good road this, by the map, marked plainly in double lines, and leading fom Kau Lun through Ngau-che-wan, past Bennie's Farm, I do know who Rennie was, and. over Customs Pass to Hobe Haven. Clearly a road that knows its own mind, this one. Moreover it joins a road called Anderson's Road. Now who was but TWO CRASHES AT GARDEN ROAD never mind! It looks like a démented snake on the map, so it is probably "pratty level. And again my road crosses
MOTOR ACCIDENTS.
CORNER.
THE
WILKINSON'S SAFETY SHAVER.
THE IDEAL SAFETY RAZOR WITH HOLLOW GROUND BLADES.
3-DAY SET
י'
(3 BLADES)
$19.50
7-DAY SET
(as shown)
$22.50
7-DAY Presentation Set-GOLD PLATED... $35.00
NO NEW BLADES REQUIRED,
5/8-inch....$5.00
LASTS A LIFE TIME
THE CELEBRATED **
$.500 ...3/4-inch.
WILKINSONG
WARRANTED FULL." HOLLOW: `GROUND
SETS OF 2 RAZORS IN HARDWOOD CASE...$14.50
4
7
...$27.50 $45.00
HOURS during Christmas week from 8.30 AM to 6 P.M.
LANE, CRAWFORD, Ltd.
PHONE C. 4567.
HARDWARE DEPT.
FORMOSA
MACHINE MADE BRICKS
The most ideal BRICKS
unexcelled in
DURABILITY AND EFFICIENCY.
Stocks carried
LEUNG HON-CHI,
Agent.
80 and 31, Connaught Road Central. Tel C. 191.
CHRISTMAS
FRATERNITY PARTY."
LITTLE
The period named in that contract was identical with the balance of the term of the lease held by the defendant com- EXPECTED TO LEAVE HONGKONG
pany.
substantial
་
ON SATURDAY,
In His Honour's opinion there was no doubt that this contract involved a breach Members of the "Fraternity Party of the covenant with the plaintiffs. It are attending a general meeting this constituted an assignment of the balance afternoon at 2.30 at 188, Des Voeux Road of the term of the lease and was made Central, for the purpose of drafting & without the required consent.. It had been programme and making final strange- held, he added, that an owner giving up nents in connection with their visit to A tram-car and a motor car, driven by land for Burposes which required prac- Canton A large number of the party! the track of the mysterious Tate on his Mr. G. Be the Banreuung of the Hong. tically exclusive cecupation, did not re- will probably leave Hongkong on Satur way to his Cairn. I thought it must be kong Electric Co., came into collision at tain possession by reserving the right to day morning. Several boarding houses a good road, but I was wrong.
I surmise that the doubling of the lines the corner of Garden Road on Monday enter and inspect. In this case the pur in Canton are allowing a discount of 20 on the map represents the two dry con- evening at 6.30. Mr. Bannerman's car poses of an hotel did require an exclu- to 30 per cent to the members of the
conduct. The crete gutters.. The more essential parts proceeding along Queen's Road and sive occupation for its of the road in between is mostly rock overtook a tram-car when making the right to demand accommodation for board Party, while they are at Canton
Receiving the meetings and to do repairs did not in bis and four-foot gullies, until you come to turn for Garden Road. Custeras Pass, and get on an old Chinese brakes, and the tramcar crashed into his material to indicate an intention to retain the rule of Dumper's case, the 1603 deci
signal to stop, Mr. Bannerman applied his opinion make sufficiently in road of rough slaba set
In one grnas. on rear. The car was badly damaged, but possession.
sion, and find that the waiver by the place the summer torrents have scoured
This breach of the covenant the plain lessor of the earlier breach of the coveD- out six feet of made earth, and laid bare, no one was hurt.
art bad a general effect, and was not About 7.45 des in a deep gully, the pavement of a
driven by Mr. W,C The plaintiffs set up a further and sub- confided to a single broach. It was no picable road the effete Chinese built there cycle and yesterday morning, a motor tiffs had waived. about the time of Edward the First, and collision with a lorry. The accident relied upon it to gain possession of the upon the clause containing the covenant. Clark of the Telephone Co., came into sequent breach of the covenant and longer possible for the plaintiffs to rely on which our road is superposed. When the rest of that triumph of modern occurred at practically the same spot as premises. He considered the law applic- No forfeiture had occurred and the defen- His dants were still entitled to full benefits engineering has been washed down to that of the previous evening. Mr. Clarkable was English common law. Ngan-che-wan there will be some chance was coming towards the town from Wan- Honour quoted a case decided in 1603 and of its tenancy under the lease.
chat and the lorry was about to turn into which was followed in. England for 250 He therefore entered judgment for. the of walking in comparative comfort on Chardeh Read The side-car was very years in which the ground of the decision defendants. Honour remarked that these granite slabs again.
Continuing, His This road is not disused. There are badly damaged, and Mr. Clark had to be was that the lessors of certain land had two teashops on the summit, so there removed to the Government Civil Hos- dispensed with an alienation which was Mr. Alabaster had questioned the juris contrary to the covenant in the lease and diction of the Summary Court to enter- must be traffic, and indeed. I met some pital, owing to an injured knee.
that they had dispensed with all alienatain the claim, but it seemed to him that balf dozen Hakks women, groaning as
tions, thereafter.
Section V. of the Ordinance from which their heavy burdens pressed their bare
the Summary Court derived its jurisdic feet into the abarp.rocks. Also two men should be one in authority over us who
tion had conferred on the Court an ex- carrying a bridal chair, of whom one will repair that road, with a good camber, The law so stated operated in England clusive jurisdiction to decide in the Arst slipped as he passed, giving me an op- and turf it, so that the rains will run until 1888 when the Law of Property instance the dispute between the parties
By portunity to recognise almost the only down the hillside where they belong in- Amendment Act was passed in 1859 1 on this point. Cantonese phrase I know, but I hope stead of washing sway his handiwark), that act restriction was placed on the. He also added that many points arose and believe there was no bride inside. making at the side a smooth path of effect of a licence to alienate. Future for consideration and he would venture de to what I found over the pass, and stone or concrete blocks grateful to bare licences to assign or sub-let were held to to add that if the plaintiff company were whether Hebe Haven is as lovely as the feet, then the gods of the mountain will extend only to the permission actually to succeed in establishing a accond breach name that drew me there. I will say no-bless him. His poor people certainly will given. This statutory provision of the covenant involving a forfeiture of thing, lest some evilly disposed person bless him too, and I myself will put up adopted in Hongkong in 1873. After its the lease held by the defendant company, build a motor road. Let those that like a tablet, extolling his virtues. It shall passing in England the effect of the 1603 the defendants would no longer be able to step out of the modern sham-Chinese contain his name and titles, and shall case upon questions of waiver atill re to rely upon the waiver as a basis for world of Hongkong, go and see for them- stand as a pillar at Ngau-che van or mained. The effect of a waiver by a claiming the protection of the Renta
But if the District Officer of some more fortunately named place. And lessor of a covenant not to assign with those parts, or the man who is developing on it I will engrave the following notice, out permission was restricted by a Law Ordinance of 1902
Argument followed on the question of
question the New Territory, there be any such, which may be seen at this very day on of Property, Amendment Act in 1860 but or any roadmaker of them all goes there, the gates of a certain garden of pavilions the section of it which had bearing had cost and at the conclusion His Honour I advise him first to burn a joas stick at | theres ha
not been adopted in any of the Ordi. entered judgment for the defendants with the local skrīns, for, if the gods are just, All motor ver mus
must know, that nances of the Colony. The result was Mr. F. C. Jenkin appeared for the plain. he will surely break his leg. And if there every can not allowed forward to pass that be found himself bound to follow tiffs, and Mr. O. G. Alabaster, K.C., for
by, because this is own place."
(Continued on next columnly
#elves..
(Continued at foot of nest Column.)
AN OLD ENGLISH CASE
costs.
the defendants.
FOR THE KIDDIES
TOTS'
GIFTS
NURSERY TUNES
9 DIFFERENT BOOKS
51
3 D/SIDED RECORDS IN EACH BOOK,
AP
ANDERSON'S.
WM. POWELL, LTD.
PHONE 4578.
XMAS PRESENTS.
SILVER MOUNTED
ART POTTERY.
ELECTRO PLATE, everything for the Table and Dainty Sets, Bpoons, Forks, Tea Knives in cases.
TEA SET
· DESSERT SETS,
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all sold by the piece and replaced immediately from stock when broken.
CUSHIONS, DOWN QUILTS, and Everything for the Home.. DURING THIS WEEK OIL STORE WILL REMAIN OPEN TILL 6P.M