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HONG KONG DAILY PRESS, THURSDAY, JULY 27, 1933

THE CASANOVA DANCING

INSTITUTE

RESIDENT TAKES OUT SUMMONS AGAINST PROPRIETOR

."

DRIVEN OUT OF HIS HOUSE BY THE NOISE!

At Kowloon Magistracy yesterday, Mr. M. da. Silva, proprietor of the Casanova Dancing Institute was summoned for causing or permitting to be caused a noise calculated to disturb Mr. H. J. Lubring of 32, Han. kow Road between the hours of sunset and sunrise on July 8, last.

After the case for the prosecution had closed, Mr. Leo D'Almada sur, appearing for the defence, asked for an adjournment. This was duly granted, the next hearing be ing fixed for the afternoon of Thursday, August 3.

In the course of the hearing, Mr. D'Almada brought up many points of law in support of his submission that "there was no case for him to answer, but the Magistrate;

however, ruled otherwise.

WHAT DOES THE LAW SAY?

.

CAMERON'S OFFICER

CHARGED

POSTPONEMENT OF SINGA PORE CASE.

"Singapore, July 82-Captain E. P. B. Cameron, of the Queen's Own. Cameron Highlanders, who is now A staff officer attached to the local forces at Fort Canning, mado an ether appearance before the fourth magistrate, Mr. L. R. F. Earl, yes- terday morning, in the arrest case in which ha is charged 'with causing grievous hurt to a police constable hy a rash act and with failing to stop after an accident.

When the case was mentioned Mr. C. P. Burke, his counsel, :ap plied for another week's postpone- ment, which was granted, the next mention being fixed on July 28.· ̈

The indictment against Captain Cameron alleges, that on the night of July be way driving a car along Orchard Road and that trashed into the traffic policeman's plat form at the junction with "Tank Road, knocking the constable down and driving on without stopping to investigate the accident.

The constable was taken to hos- pital with a fractured arm, and other injuries. In the meanwhile the police had secured the number of the car, as a result of which Captain Cameron was arrested.— Singapore Free Press.

Yes.

Do you suggest that this music is bad music I cannot say,

How long have you been staying in these premises?-Since the be ginning of February,

dancing Have you ever been to a hall -No.

Are you fond of the cinema ?- I go. about twice a week.

I put it to you that somebody induced you to take out this sum- mons.I can't remember.

Nobody suggested that you should take out this summons -I also

Mr. D'Almada: Very "poor. me mory.

In returning a ples of not guilty,, hours of sunset and sunrise but Mr. D'Almada. asked to be allow prohibition was qualified in the ed to make certain submissions cases of marriages and funerals. before the complainant went into Under sub-section 5, power was re- the box. This being granted, he served for the Governor-in-Council went on to say that his Client to exempt any district or stee, and was charged under Section 13 of notification of any exemptions Ordinance 40 (1832). Reading that must be published in the Govern- section as an ordinary individual, ment Gazette. But so far as his Mr. D'Almada said that one would Worship was aware no such discanriot remember. and must assume that any noise trict or area had been exempted. made by any person so long as it disturbed any neighbour, would go under this section and would rend er this person liable to be pro- secuted before any magistrate be cause there was no definition of the word "noise" in this Ordinance.lony.

Mr. D'Almada continued that when he read this section he went very deeply into the criminal laws of England to see whether there was any analogous position, but he could find nothing.

Baby's Cries,

be

Witness re

Cases Quoted.

Continuing, Mr. D'Almada ask Furthermore, a section was noted witness if it was not true that a bye-law. Its validity could be when he issued the summons, questioned but it was of squal just pat down July 8, without any validity with other laws of the Co- serious thought because the band

However, one might look for want on every day. guidance under the bye-laws replied in the affirmative.

And I think you read about the garding noises.

summons taken out against the His Worship held that, this ec tion coveted the noises made by an Cathay Dancing Academy-Yes,

As a matter of fact you were at orchestra and then went on to the cinema on the night in ques quote some cases from Stone's Justion, weren't yout Witness repli tices Manual

Driven Out.

ed that he went to the King's not because the programme attracted him but he went in order to get &Way from the noise that the or- chestra' was making.

Chist Grouser!

Mr.. D'Almada: And I put it to. you that you went because of the particular picture, that was on I was driven out

If it was the intention of the

In the witness box, Mr. Hans legislature to rule that no man might make a noise at all between Jocquim Lahring, stated that he the hours of sunset and sunrise, was a merchant, residing on the without, in a legel sense, disturb first floor of No. 32, Hankow Road. ing the tranquillity of his neigh-On the night of July 8, he got bour, then if one had a farewell home at about 7.30 p.m. and at or birthday party in the house 8.40 p.m. the music from the Casa! with an orchestra or a piano nova Dancing Institute started. It going, one would at once be liable was just the gas poise of You have read the correspondence to be prosecuted under this section, Again if ons had a newborn baby and it kept on crying during the alght this would also be noise and the neighbour could take out

another summons.

orchestra playing but later on some people started to sing

in the Press for and against these In order to avoid the noise, wit. cabarets. Have you been influenced Dess said he left the house abortly been a correspondent myself.

by this correspondence I have after 8 o'clock but when he return. You are one of the chief growsers ed at about 11.30 pm the orches against the cabarets?—I don't tra was still playing, and went of know.

"Mr. D'Almads went on to say that this section, did not apply to all midnight. As result, he Mr. Hamil Carcars gave svidence the present case at all. Defendant could not get to sleep all about bearing out the complainant's re- Fadmitted that he had an orchestram. Witness added that he was mark, and under cross-examina

going at the time of the night driven out of his own house praction agreed that there were seven stated by the complainant in thetically every night by this noise liquor licences in that partien la summons, and for the sake of argu- and said that if it was only astrict, but denied that all the ment, that it did actually disturb have taken any notice of it at all Witness said that although it was occasional affair, he would not noies came from the establishments. him. Even so; he contended this and let it pass | did not come within the law.

The Real Intention.

you

Mr. Buttons: When do true that soldiers and exilors fre usually go to sleep? My bed time quented these places, one did not is between "10 p.m. and 10.30 pm. expect soldier to make a noise for

thres hours Mr. D'Almada then submitted because I have to wake up at 5 Witness went on to say that the that Section 13 of Ordinance 401 o'clock every morning

ricksha,coolies in that district mado. You were prevented on this par-lot of noise, but they were par of 1932 was not la' new, low. fact it was drafted as far hack ticular night from going to bed ticularly noisy when they collect at the usual hour Yes. NOTHING

In

& Poor Memory. Cross-examining witness, Mr D'Almada asked-

the

AR 1844 and he would attempt to show that it was the intention of is the proprietor of the Institute?

How do you know that Mr. Silva outside the Camanova at closing

time, the legislature then to suppress the first made a report to the Police Station then went into the Inspector Lane of the Water: noises made by watchmen at night Police and they gave me the par box to give evidence of ownership by beating their googs. He cited

ticulars, 6 an authority to prove this point.

of the Institute, and when cross- His Worship thanked Mr.

oxamined by Mr. Almada, he D'Almada, for the trouble he had

agreed that the band was not un taken in 'going over the history of

duly noisy and that from all ap this section of the Ordinance, and

pearances, the propristor had taken said that since 1844 some very im—26,

overy posible measure to eliminate. portant changes had been made, I take it you are fond of music, the noised t Defendant was charged under Bec aren't you?-I-am fond of certain tion 13 of Ordinance 40 of 1932 music I which stated that no noise may be mida by any person between the

Mr. Luhring, how old are you?

This closed the case for the pro- escution and hearing was adjouru- Do you know music atalied until, Thursday, August 3, at

Continued on next, column),

2.30 p.m.

11

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