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COURTS
IMPORTANT JUDGMENT DELIVERED IN THE SUMMARY COURT
Coal Merchant Wins Claim For Possession Of House
"NOT A GRASPING LANDLORD"
Delivering judgment for plaintiff at the Summary. Court yesterday morning in an action brought by Chan Wing-sang, coal merchant. against M. Ramxan, timekeeper of Holt's Wharf, for possession of Not 23 Jordan Road, third floor, Mr. Justice. E. H. Williams, Acting Pulsne Judge, said that his reasons for the decision were that he was satisfied plaintiff was not a grasping landlord wha desired the evic- tion of tenants merely in order to get higher rent from new tenants.
Contending that evicting would impose: great hardships, défen dant stated that he and his fellow-lodgers 'used the fat as a mess. and that being strict Muslims, they required their food to be pre- pared in a special manner. If they moved they would require a flat In which the cooking arrangements were quite separate from those of the other occupants of the place.
THE WEATHER
A temperature of 83 degrees, us compared with 88 degrees on Sun- day, was "recorded by the. Royal Observatory yesterday.
Humidity was 78.
· Rainfall for the twenty-four hours was 0.02 inches...
In Court they did consider this DOME
Plaintif alleges that one of the members told him he could get single accommodation but that the problem of preparing food was the difficulty. This member denied he had made such a statement. An- other member claimed, it was es- sential for them to ilve in a mess Jon account of the food problem: that even if he could find a flat for himself, the 'expense of run- ning it would be too great.
This witness admitted to me that
Plaintiff was "represented by Mr. members of his family (in the H. N. Chau of Messrs. Johnson. wider meaning associated with the Stokes and Master and Mr. F. Hword by the Chinese), they were in he had not tried to find any pre- Loseby of Messrs. Russ and Com-his employment in Canton and mises for himself and that, all pany appeared for the defendants. were now entirely dependant on their efforts were concentrated on him. It was obvious indeed that finding a suitable place for the THE JUDGMENT
any suggestion that he should re-mess. Delivering judgment. His Lord-fuse to shelter them would not be Evidence Wha giver that the
entertained by him for a moment
PURCHASED HOUSE
J
ship said:
This is a claim "for an order for possession of the third floor of No.
of Indians resident in |number
Hong Kong professing the Muslim mostly in messes or married quar- falth was about 200, who live
ters. I and it very dimcult to be- lleve that the five occupants, i driven to break up as a mass, could
not And Individual accommodation among the other members of their religious community
*
POINTS URGED
23 Jordan Road, which defendant This sudden descent on him of occuples 15 a monthly tenant. so many relatives combined with Plaintiff has recently become the the previous "notice to quit made owner of the whole house under him determined to secure a house circumstances which I shall refer for his own occupation and taking to later in greater detail. Defen- early steps, he purchased No. 23 dant's tenancy was determined by Jordan Road for about $29,000 on a valid notice to quit, given by the April 19, 1938. i.e. some x weeks plaintif and expiring on May 31, before the date of the coming.Into 1938, but defendant has invoked forge of the Ordinance. He next
It was urged on me by Counsel the ald of the Prevention of Evic-caused notices to quit expiring on for the "d
"defence that it would be tion Ordinance which came into May 31 to be served on the tenants a greater hardship the tenants force on June 3, 1938, and asks the of the second and third Hoors. had to leave No. 23 rstly because. Court to refuse the Order under The tenants of the second floor being Muslims, they would find the powers conferred on it by Sec-vacated on May 16, having found great difficulty in getting accom- tion 3 of the Ordinance.
accommodation in Nathan Road,modation, owing
to their being
has power to refuse to make an third floor.
whilst property is largely in the order for possession if it should Plaintiff was able to move part hands of the Chinese, and, second- appear that the proceedings are of his family into the vacant flat. 1y because plaintiff had two flats harsh or oppressive or that ex-which they used for sleeping pur and whlist it might be incon- ceptional hardship would be caused poses but retumed to No. 35 for venient for his family to be divid- to the sitting tenant by the mak-meals. He has stated that, as he ed it, was not a hardship. ing of such order but the Court was under notice to leave No. 35
Counsel for plaintiff in reply urged
Under that section the Court Defendant did not vacate the members of a small community
is prohibited from granting and as his landlord was pressing on me that his client was being where it is satisfied greater hard-him daily to leave. he was most pressed daily by his landlord to ship would be caused to the land-anxious for defendant to vacate vacate No. 35; that he had in fact lord by the exercise of the power the third floor. It was suggested given up part of his fiat; that he than would be caused to the tenant early in the case by the defence had had purchsed No. 23 for the by the refusal to exercize it.
that plaintiff did not really need specific purpose of moving there.
The question then for decision the premises for his fathily: that and that his present flat on the is whether the refusal to make the he told defendant No. 23 had been second floor of No. 23 was far too order would Inflict greater hard-purchased by a wealthy Chinese small; that the present arrange- ship on the plaintif than the official from Canton. The sugges ment whereby his family was grant of it would infilet on the tion was not persisted in and divided tenant. Obviously it is case deed I find there was no founda-fence. where little or no help can be ob-tion for it. tained from decided cases
2
caused great inconven-
I have come to the conclusion that the refusal to grant the order would cause, greater. hardship to the plaintiff My reasons for this decision are that.
NOT A GRASPING LANDLORD
unable
this
was
smaller than the fat at No. 35, 's
BREAKING UP OF MESS POSITION OF PLAINTIFF
Plaintiff made every effort to Plaintif is a coal merchant, be-assist defendant in anding alter ing proprietor of the Sam Vick Co. native quarters. Among possible Hong Kong. which firm has a premises brought to the notice of) branch in Canton, managed by his defendant were flats on Nathan two younger brothers. He lives at Road, Portland Street and Taipe
I am satisfied plaintif is not a No. 35 Jordan Road, third oor. Road. In the last case plaintif grasping landlord who desires to where he has resided for two years ever offered to pay half the shoe evict tenants' merely in order to The accommodation consists of one money." Obviously defendant and get a much higher rent from new large room, two bedrooms, front the other occupants of the mess tenants. Plaintiff acquired verandah, bathroom and servants as every reason to view with dis-house. for two reasons, viz., No. 35 quarters. Until 1937, he had with favour a departure from No. 23. had become too small for his him resident there. his wife, three particularly if it meant the break-augmented family and he sons and three daughters but the ing up of the mess. Four of them secured No. 23 he could not have under notice, to leave. When he two youngest daughters, aged had "messed" together for about and 7 then went to Canton to six years. The rent of the fat was expected that he would have been study.
to enjoy the ordinary very reasonable. It was most con rights of a houseowner. The sec- The defendant, who is an Indian.veniently situated for at least four ond floor of No. 23, which is much has been tenant of No. 23 Jordan of them. Road for over two years and pays The point. however, on which altogether too cramped for his re- a rent or $50 per month. He is
they laid the greatest stress was quirements: He must, of course, employed as a time-keeper at Holt's Wharf. The floor is run as that they are strict Muslims, re-face the possibility that he may a bachelor's mess occupied by de- quiring their food to be prepared have to give up No. 35-he has In a special manner and the already given up part. It is more wherever they moved to, they reasonable that members Would require a flat in which their family in the wider sense should cooking arrangements were quite live together rather than that five separate from those of the other persons unrelated should continue occupants of the place. They have to live in the same mess. stated in evidence that the var QUESTION OF HARDSHIP ous fläts considered were too small
for their The four members who have
mess or were already I am well aware, that it may be salaried positions earn from about booked
too expensive impossible for defendant to find $100 to $170 per month. The ac- Plaintif endeavoured to persuade suitable premises in which to con- commodation 19 similar to that of his own landlord to give them a tinue the mess, but I believe that No. 35 Jordan Road with the addi-vacant fat in No. 35 but without if genuine efforts are made sult- tion of a hall. but the rooma are success, apparently because the able accommodation can be found smaller by about one quarter. In other occupants of the house did to house defendant and the other deciding the question of relative not enre for the idea of having a members. If miny, however take |hardship I must therefore consider bachelors' mess there.
some time before defendant and what hardship would be caused not He has also said he took steps his frienda can make proper ar- merely to the defendant but to to inform defendant of a vacant rangements. I therefore make the the five occupants, as defendant flat in Woosung Street. The de-following-order:
Defendant is to vacate No., 23 on la merely their agent for the pur-fendant and his co-tenants deny pose of paying rent..
any knowledge of such premises or before September 30, 1938, with
fendant and four other Indians. Two of them are wireless operators
employed at Kai Tak Aerodrome. one is a postal official and one is a medical student at Hong Kong University.
or were
GENUINE EFFORTS..
of a
On March 28, 1938. plaintiff re-jand say, that in any case Woosing payment of rent up to the day on ceived notice to quit No. 35 Jordan Street is an unsuitable locality for which he vacates I have already Road by May. 13.a the landlord men of their station in fe. Tgiven direction under Section 3.(2) required the flat for his younger agree with their contention on this that the tenancy is still subsisting- brothers, refugees from Canton (point.
owing to the air raids: For the same reason a few days later plain- tima: two youngest daughters and
* COULD NOT GET SINGLE
ACCOMMODATION
his two younger brothers with Throughout the hearing of the their families left Canton and case, I was struck by the fact that came to stay with him, making the whilst making every effort to find number of occupants in the fat suitable premises for a mess thuj nearly twenty...
even though determined by the notice to quit).'-
Plaintif will have the costs of the action.
Hong Tong-lung; employed in the defence did not appear to me, to į servanta' quarters of the Sincere' He has stated in evidence that have given serious consideration to Company, was admitted to the he felt morally obliged to house his the possibility of breaking up the Queen Mary Hospital on Sunday younger brothers and their familles mess and finding individual se suffering from injuries received on the grounds that they were commodation, though they claimed when he fell off a ladder..
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