HONGKONG DAILY PRESS
WHITE AND COLOURED CÌMENT
MIXTURES.
FOR EXTERNAL AND INTERNAL
DECORATIVE WORK.
We are wow in a position to offer these well-known Associated Portland Cement Manufacturers products ready mixed with the proper proportion of specially prepared sand. This sand is uniform in colour and has been washed und si ved to the correct degree of fineness.
The extra cost of these mixtures in very small compared "with the advantages of being able to obtain a waterial that
is ready for use.
NO WASTE..... UNIFORMITY IN COLOUR
Prices on application to
GREEN ISLAND CEMENT
CO., LTD.
Exchange Builing. Hong Kong.
ENSIGN
Films
Tel. 21463.
ENS
ENSIGN
BRITISH AND
PANCHROMATIC
BEST.
Prices are very low. Ask for your size at
S FECER ST
For Fit! For Style! For Quality! You Can't Beat An Emporium Tailormade!
A.SUIT THAT IS COMPLETELY YOURS... FITTED PERFECTLY FOR YOU ALONE A CHINA EMPORIUM SUIT GIVES YOU. DISTINCTION YET COSTS NO MORE THAN A READY-MADE SUIT. NEW AUTUMN STYLES !..
CHINA EMPORIUM
TAILORING DEPT.
1ST FLR.
Claim For Possession of Of Premises
FURTHER REASONS
FOR DECISION-
Further reasons for his decision made a fortnight ago that a notice to quilt with the words "on or before" was valid were given in writing by Mr. Justice R. E Lindsell in the Summary Court yesterday.
The point was raised by Mr. C. A. Sutherton Russ, who appeared for Chin Suk-cho, Leung Chan- pong. Ho Kwai-ying and Un Hak- yeung, defendants in an action for possession of premises brought by Fung Fook-tier and Tsang Yau-
mul
GENERAL
YOUTH ACCUSED ON CHARGE OF WOUNDING
Argument Which Led To Street Fight
An 18-year-old youth, named Tse Chuen-lam, appeared before Mr. R. Edwards at the Central Court yesterday charged with maliciously wounding So Chun- wing with intent to malm, dis- Agure or disable him on Septem- ber 7. The defendant was alleged to have stabbed. So with a knife during a fight, and as a result so was sent to hospital for about
three weeks.
Inspector A. L. Hopkins said that the complainant and the 'de- fendants were friends before the incident.
On the night of September 5, complainant was in à mahjong school. During the game someone got up, leaving a vacancy at a table. The complainant was about to sit down to play, when he was pushed aside by the defendant. An argument ensued and they were asked to leave the school. They had a night in the street after having left the school.
Mr. Justice Lindsell said:- The point for decision is a very simple one and It is curious that It appears never to have been an thoritatively decided. The point Is this is a notice to quit address ed to his tenant by the landlord and requiring him to quit "on or before" a specified date invalid for ambiguity merely on account of the inclusion of the words "or before?" Mr. Russ for the tenant has based his submission that such a
A SHARP WEAPON notice is invalid mainly on the
About 9 am, the next day the statement in the footnote (2) on complainant was walking near the page 136 of" Halsbury's Laws of Kau U Fong Theatre when the England 2nd Edition Vol. 20:-It defendant came up to him, is doubtful whether a notice together with three or four men. quit "on or before" a certain date and there was a fight. The de- is valid.
fendant was alleged to have drawn a sharp weapon and attacked the complainant.
Hospital.
to-
The defendant, in the witness-" of stabbing the complainant. box, said that he had no intention.
The hearing WIJ until this morning.
"
adjourned
JUDGEMENT CITED This statement is founded on a dictum of Lush J. in his judgment. Y. Lien. of the Queen Mary Medical evidence given by Dr. in Queens Club Garden Estates v. Bignell (1924) 1 K.B. 177 at pages 122-3. In that case the notice to quit was in the following terms "The Company hereby give you the requisite week's notice for the ter imination of your tenancy one week from. Monday next, on or before which date they will require v- cant possession.". And the material part of the Judgment of Lush J. reads: "I may say that I very greatly doubt whether a notice to quit, assuming it to be free from objections in other respects, can be said to be valid in which the landlord mentions a specific date for the termination of the tenancy and adds that "on or before" that date they will require possession
NOTICE TO QUIT
ALLEGATIONS
DENIED
Remedios Gives
Evidence
Appearing on remand yesterday before Mr. R. A D. Forrest at the Central Court on a charge of A notice to quit must be certain malicious damage to a car belong. and definite, and I am by ho ing to Mr. Howard Torr on July means sure that a notice to quit in 30, F. X. Remedics, in the wit- that form is a certain and definiteness-box, denied the allegations notice to quit on the date specified, made against him
Almada e
Castro, Jnr.. instructed by Mr. B A. de B. Botelho, appeared for the complainant, while Mr. M. A, da Stiva was for the defence. Reme dios was alleged to have inflicted damage to the car to the extent of $416.
It may be that it is a notice that The Hon. Mr. Leo the landlord will require possession before that day, and, if so, it seems obvious that it must be a bad notice to quit. That views, no doubt, somewhat technical, and it may be that the more reasonable interpretation of the notice is to read it as meaning merely that if ASKED FOR COMPLAINANT the tenant likes to give up posses- Remedios said that he went alon before the date specified. the with a few friends to Mr. Torr's landlord is willing to take it; but house on the night in question. I have great doubt whether is He asked for the complainant. right to put g favourable an - but was refused admission by the terpretation as that upon this servant who said that Mr. Torr, notice to quit. I am not going to was not at home. rest my judgment upon these list words of the notice, but leave the question of their interpretation without expressing my defnite opinion with regard to it, because "in my view, apart altogether from these words, this notice to quit la invalid."
PRINCIPLE AFFIRM
During this time, his friends were waiting for hi in the street, and when he descended, he went with them to Village Road to look for friends, and later took a car to town.
He admitted that he had created. some noise, by speaking loudly, but denied that he had ever kick- Mr. Russ also relied on certained the door as alleged. statements contained in Wood-
The bearing was adjourned to
NO CASES OF CHOLERA ON THURSDAY
all's, For's and Redman's text October 24 at 230 p.m. books on the law of Landlord and Tenant, and on the case of Gard- ner. Ingram, (1889) 61 LT.R. P. 729--but these go no further, in my view, than to affirm the prin- ciple, which cannot be and is not here disputed, that every notice to quit must be clear and unambig-cases of entere fever and 24 cases uous and such as to leave the tea of tuberculosis were notified to ant given notice in no possible the Health Department on Thurs, doubt as to what is required of him day.
and when.
He also dealt with the case of Ahearn vs Bellman, (1879) 4 E. D. 201, which at first sight was en- tirely against him, itressing that to quit was also an "on or before notice, the question of the validity of a notice in that form was never raised and the decision in favour of the landlord was based on quite another ground
(With the submission that an "on f or before" notice is necessarily in- Talld I am not in agreement.
Nine cases of dysentery, five
There were no cases of cholers on that day.
or before the 1st day of May next, 1878. Nobody can doubt that if the notice had stopped there it was efectual to determine the tenancy and was a good notice to quit.”
UNEQUIVOCAL STATEMENT
I find it hard to believe that so eminent a lawyer sala J. Bramy well, even though his mind was It is true that in Ahearn vs. Bell-
not directed to the on or before* man (supra) the ratio decidendi was point, would have committed him. not concerned with the inclusion self to such an unequivocal state- of the words "or before in a noticement of the law had there been to quit but the mere fact that the any real doubt about it, and It 1s tenants' counsel, did not take the noteworthy that neither of the point is somewhat algnificant another two members of the Court in has fudgment Bramwell L of Appeal (L J. J. Brett and Cot says this (p.203) The notice is, ton) expressed any degreement I hereby ziven you notice to quit with that statement, Brett L and deliver up, possesion of the finding his dissenting judgment shop, premises and howroom now on quite other grounds. held by you as tenant from the on
Continued on Back Page
SATURDAY, OCTOBER 7, 1939. -PAGE 5
LANECRAFT UPHOLSTERY
IN A HARD WORLD A LANEOBAFT CHAIR IS VERY SOFT. AMID ALL THE NOISE IT IS PERFECTLY SILENT. IN A SHALLOW AGE IT IS VERY DEEP, BUILT NOT FOR SPEED BUT FOR COMFORT.
17 BALANCES THE GREATER PACE BY GIVING YOU GREATER IT HAS NOTHING TO DO WITH FAST LIVING. IT PRE- PEACE, FERS TO STAY AT HOME.
· LET
US BUBMIT DESIGNS AND
QUOTATIONS, WE HAVE A VERY
LARGE RANGE OF MATERIALS. IN
STOCK SUITABLE FOR COVERING
PURPOSES, QUALITY TAPESTRIES
LINENS AND FINE HIDES."
LANE • CRAWFORD • LTD.
The House of Quality & Service
SATURDAY
Jurnishing
Department
Tel. 28151.
7th OCTOBER
IN THE
"GRIPPS" HONGKONG HOTEL
A Colourful CABARET Entertainment
U.
FEATURING
S. THOMPSON
THE MAN WITH THE EDUCATED FEET FAST AND FURIOUS
THE ORMONDE SISTERS
GRACEFUL AND ARTISTIC DANCERS
WITH
NICK KORIN and HIS BAND
WITH ALL THE LATEST SWINGIEST & JAZZIEST CREATIONS
EXTENDED NIGHT TILL 2 AM. DINNER $5 NO EXTRA COVER CHARGE EARLY RESERVATIONS SUGGESTED PHONE 30281
THE HONGKONG & SHANGHAI HOTELS LTD
Page 5Page 6