PAGE 4-HONGKONG DAILY PRESS
CLAIM FOR POSSESSION OF PREMISES FAILS
Full Text Of Judgment By
р
The Chief Justice
FASCIST PARTY, ARMY
DISCORD
MANY EXECUTIONS
REPORTED
GENERAL
VICIOUS AIR ATTACK ON MERSEYSIDE TOWN
LONDON. Deo, %# (Router)—A German, bomber was brought down at dawn in Lincolnshire on Friday, after the first night ralds of any sise on England since the beginning of the week, The Luftwaffe's attention wa A few bombs are reported in NEW YORK, Dec. 2 (Reuter)-directed mainly against Liverpool other parts of Britain, mainly in Friction between the Fascist party and Merseyside, where houses were the Badlands, but reports indicate increas-demolished and fires started which these caused little damage, sid ing, according to a report ap-were soon brought under control. very few carnaltice. pearing in the New York Times Casualties were not expected to yesterday."
be heavy in Liverpool, where re- The report says there are per- įports state deaths were, probably sistent rumours in Italy that less than half a dozen. high Fascist leaders are about to: fall
and the Italian army is JUDGMENT FOR THE DEFENDANT was delivered by the Chief Justice, Sir "Atholl MacGregor, in the Supreme Court on Friday in the action in which CHUNG YEE DAI," administrator. of the estate of the late Chung Man Ein, claimed possession of No. 297. Queen's Road West, of which the defendant, the LUEN FONG Him. has 'been tenant for many years, and for mesne profit
Plaintiff was represented by the Hor. Mr. Leo D'almada, jun.. in- structed by the Hon. Mr. M. K. Lo, while Mr. Eldon Potter, K.C.. instructed by Mr. B. C. Hobbs, wax for the defendant. ·
THE JUDGMENT
common in England, but is certain the exception here.
NOT STRANGE
It a business is carried
on in
un-
Other reports put killed at less than a score. A few people were There are widespread com-injured to a hotel which was plaints
about damaged by blast. among Italians the lack of all and coal and
Houses, shops and commercial buildings were also damaged and satisfactory "food conditions, premises in Hongkong those who
Posters appeared in the black-the low casualties must be at- tributed to the care of the public reside on the premises will after out Inscribed "Down with business hours set up a bed in any Hitler!" and it is reported that of Liverpool-which has been rald- Giving Judgment, his Lordship convenient place in the office, several executions. have been said:--
counting house or factory, or wilcarried out on those responsible. The plaintiff's claim is for pos- it necessary sleep on or under the The New York Times says the session of the premises known as counter, though they will prob- German troops who have arrived 297, Queen's Road West, of which ably have small portions of the in Italy were sent to co-ordinate the defendant firm has beer premises set aside for such domes-the Italian war services, which tenant for many years and for the purposes as cooking, eating of are in danger of breaking down mesne profits. The defence on the bathrooms. In these circumstances pleadings is twofold: (1) that the it is not strange that direct gul-owing to sabotage, defendant firm in consideration įdance from English authorities is to find, but fortunately
of loans amounting to $430 made hard
ed almost as many times as Lon don to take shelter.
INTENSE BARRAGE
Heved to have been damaged by Several Nagi planes are be
YESTERDAY'S BAIDS London had its first day alert yesterday for nine days but the alarm only lasted a few minutes.
The alert was also sontided to the Midlands, the North of Eng- land and South Wales but no in- cidents were reported.
ANGLICAN, FREE CHURCHES ACCEPT POPE'S PEACE PLAN
LONDON, Dec. 22 (Reuter)-The churches have accepted the Pope's anglican church and the free the intense barrage put up by ave peace points. Liverpool's anti-aircraft guns.
1/
The heads of the Churches state In another Merseyside town the raid was described as vicious and their acceptance in a letter to the London Times" yesterday signed indiscriminate. Fires started, were
all put out within a comparative-by the Archbishops of Canterbury and York, the Moderator of the.
by them to the plaintiff was ver- there is one case winch in my ground ana first floors of thosely short time
bally promised a lease for a term judgment conclusively covers 'the premises within the protection of
was also attacked heavily. the Prevention of Eviction Ordin- of two years at the present rental very point I have to decide.
་་
FLOOKS PROTECTEN
It was further argued for the defence that the premises, so far as these two floors are concerned,
A third town in the same aseaFree Church Federal Council and by the Archbishop of Westminster, head of the Roman Catholic Church in Great Britain.
A few bombs were also dropped in other parts of the country bat ittle damage was done.
OFFICIAL COMMUNIQUE The attack on Liverpool and Merseyside lasted several hours, are protecten for the reason that states the official communique,
hand.
The five points, when first issued In the Pope's address to the, Col- on Christmas lege of Cardinals Eve last year, are:-
correct
MONDAY, DECEMBER 23; 1940.
Gifts
THAT PLEASE
Never was--the Man's Shop so inviting as it is with the finest choice of Gifts and just now, finest Values,
Sweaters, Dressing Gowns, Travelling Ruge, Slippers, Socks, Pyjamas, Shirts, Scarves, Gloves, Handkerchiefs, Braces & Suspenders, Dress Beta, Links, Hats and Cape.
"TIES
the ever popular present—in the largest assort- ment ever shown including handmade Maccles field silk.
WILLIAM POWELL, LTD.
The Man's Shop
10. ICE HOUSE STREET
KAIPING COAL
FOR HOME, FACTORY, & POWER HOUBE
inter-
of $230 a month, and that plain- That case is Haskins Lewis [ance, 1939. tiff when he obtained" Letters of (1931) 2 K.B. p.1 which was de Administration to the estate of cided by a strong Court of Appeal his deceased father confirmed that Scrutton, Romer and Greer promise; and (2) that the promises The facts of that case were these ape within the Prevention of quote from the judgment of
Firstly, the right of all nations Eviction Ordinance, 1939, and that Strutton LJ. at pages 10-11. J'A
the employees of the defendant' which adds that by early morning, to independent existence. the defendants are protected by Mr. Lewis with a family, lived in firm reside there to the know the position was already well in Secondly, disarmament. the provisions of that statute this particular house. Mr. Lewis ledge of the plaintiff
Thirdly, some juridical invita- During the hearing the defen. originally had a tallor's shop on
Mr. D'Almada in opening the A tannery and storage yardtion to guarantee and when neces- dants abandoned the former of the ground floor, and he had been case for the plaintiff stated that were set are these and a number sary revise and
the house for nearly his case was inese defences, and thereafter theving in
that no partner in of other fires were all soon extin-national agreements. defence confined itself to an at-thirty years. About ten years age the defendant firm used any part suished or brought under control. Fourthly, adjustment as requir- tempt to establish that the pre one of his sons started a betting of the premises for residential A considerable number of houses ed of the Just demands of nations,
on the first floor, and
were demolished
seriously populations and minorities. mises were used for residential business
purposes but added that the de- purposes. The premises consist of after three years that 'son
Fifthly, peoples and rulers to be fendant firm's fokis slept on the damaged but casualties are not lour floors; the second and third way to
guided by universal love. another sou who, at the ground floor, and the plaintiff in expected to be heavy. of which are exclusively residential time the case came on, had been cross-examination by Mr. Potter though no member of the family carrying on the betting business on this point, said "It is the regu- of either of the partners in de- on the first floor for seven years. lar practice of Chinese firms like tendant firm or any of their em- ployees lives there.
gave
Or
to
Threat Of Death Penalty
In Holland
for
"In 1927 the Lewis family, pe- the defendant's for the fokls eause of improved circumstances live on the shop premises. Every or for other reasons, moved to an- landlord knows that" The ground floor and first floor other nause, where Mr, Lewis and are primarily and predominantly his family resided. I do not say me to decide this point in view
It is not strictly necessary used for business purposes, the that deciding a particular of the conclusion to which I have
but there
*B
What
Of this
HEAVY HAND OF NAZI JUSTICE
́“PURGE” IN VICHY GOVERNMENT
first floor for the storage and question which is coming.
LONDON, Dec. 22 (Reuter) manufacture of tobacco leaves was left then at the house which practical universality of the cus already come, but in view of the
Wholesale dismissals by the Vichy. and the ground Boor as a shop. is the subject-matter
Government were reported yester-. is abundant evidenc action? The father had apparent question to property owners in the Netherlanders in Holland who "-
tom and the Importance of the LONDON, DEC. 22 (Reuter) day, " that the managing partner of de- y ceased carrying on his tailor's Colony I think I am justified msult the Fuehrer or dishonour the four others and two deputies have A chter colonial administrátor, fendant firm and practically all business on the ground floor, and deciding the point in this the German army run the risk of been superseded, and two colonial the members of his large family his daughter instead carried on a first case rcalde on either the ground floor drapery business.
before me in which it death.
[officials retired. has been raised.
This threat, according to su- It is clear
the authorities thoritative Dutch circles in Lon- that she carried on the business, is not necessarily the residence of public prosecutor in the military that the residence of a servant don yesterday, was made by the but whether she paid any rent, the lessee, but if the teasor is court which regularly metes dut
or the first floor, and that the defendants employees also sleep
and have their meals on the Dre
mises. I find as a fact that both
"It is not clear on what terms ane was there; the ·évidence is
the managing partner and most or whether she was a tenant ataware that the leabee requires the punishment to Netherlanders con- of his family, and the employees will, or
whether the father had premises for u of defendant firm live on the
two-fold purpose|victed of such offences. any interest
in the business, is (whether he proposes to ground or the first floor in the
reside left quite obscure: but at any on the premises himself or sense that the premises are the
now rate the ground floor was used for business purposes only home which they have in
and as entirely for business purposes, residence for his employees, the Hongkong.
On the first floor the betting position is different. business was still being carried
In the Duke of Richmond and
the
.:
INGENIOUS SUBMISSION.
The death penalty threat was made at the end of a frial in which two men and three women were convicted of ·dis- tributing a poem about the bombing of Rotterdam,
*The poem, which has bếền wide-
Once I had come to that con- on; there was a large room which others v. Dewar and Others and clusion of fact I felt that on all would accommodate about twenty The Cadogan Hotel Co., Ltd., 38 SARCASTIC ANSWER ·
Authorities I was Bound or thirty people at a time, who TLR, 151, the Hotel Company find for the defencant firm, but itsed to come there with the in-were sub-tenants, one of the ly distributed throughout Holland. I took time for further considera- tention of betting and who used terms of the tenancy agreement was a sarcastic answer to German tion in view of Mr. D'Almada to make their bets and talk about being that the Hotel Company propaganda about merciless at ingenious submission that the use them there and carry on that would not permit the preinises to tacks by the RAF on Dutch of the phrase “part of a house particular form of mdustry. In be occupied or used in any other civillans." Indicated that the statute pro- addition there was a small room way than as sleeping apartments In demanding gaol sentences fected business premises only which is spoken of by one of the for their staff. where it was conclusively estab-witnesses as a small office, but lished that a part of them, mean- which is spoken of by the defen
NO DIFFERENCE
the prosecutor stated: "After the occupation the Germani army has conducted itself in a fashion unique in "history."
A Dutch dracial in London, com- menting on this, replied In three words: "Not only after."
ing thereby certain cubicles, rooms įdant's son as the place where he In delivering judgment Bankes or spaces, was set aside for real slept Two other tenancies were L. said that he thought it could Bential use su that the bulk of apparently then created by Mr not reasonably be said that these the premises was exclusively used Lewis, a residential tenancy In premises were not occupied as a fur business purposes and the the basement to one sub-tenant, dwelling house because the Hotel: remaining part as exclusively for and a residential tenancy in the Company used them for the pur domestic and residential purposes, attic to another sub-tenant. poses of their business, namely As
the evidence on behalf of the The material provisions of the "The position therefore is this: the sleeping accommodation for Prevention of Eviction Consolida The house was originally let to their waters. He could see no plaintiff it transpired that the. tion and Amendment Ordinance, the tenant as a dwelling house difference between this-case-and a plaintiff in anticipation of getting with a shop, and the tenant had case where the Hotel Company Tacant possession of the premises,
1939 are as follows:
Provided that
Section 2 (2). (This Ordinance ceased to reside there at all, and took outside accommodation for had entered into an agreement shall apply to a house or a part two of the floors were being used one of their managers and bly for a lesse of the premises at a of a house, including a bed-Purely as business premises the wife. The house so taken would monthly rental of $400 a month, space, let as a separate dwelling: landlord, thereupon, sought to not cease to be a dwelling-house whereas the rent paid by the de
terminate the contractual tenancy because as between the Company fendant firm is now $230 a month, which had existed for thirty years and their manager such occupar having in the past been consider (1) the application of this and which could be terminated by tion was for the purposes of the ably more. Bection 3 (3) of the Ordinance to any house or part notice to quit, and sought to re- Company's business.
Ordinance empowers me to déter- of a house shall not be exclud-stst the attempt of the tenant to The ratio decidendi in that case mine what increase of rent is fair ed by reason only that part of stay on the ground that be was was that to the knowledge of both and reasonable, and having ....re- the premises is used as a shop protected by the Rent Restriction leasor and leasee the premises gard to all the circumstances and or office or for business, trade
were to be used as a residence for to all the relevant evidence. In- or professional purposes.
Scrutton L. then continues to employers. In the present case cluding the Asessor's certificate, The wording of this proviso is these words "The defendant's son we have a letting of premises with armine that an increase of identical, mutatis mutandis with who carries on the betting bust the knowledge on the part of the rent by $50 a month to $280 -la-fair · that of the second provisútness there says in his evidence lessor that whatever other use and reasonable section 12 (2) of the Increase of that he has a bed in the shall the premises might be put to they ANO COSTS ORDER » Bent and Mortgage Interest (Re-office in which he sleeps, which it would be used as a residence for The defence of an agreement strictions) Act, 1920, but unhappily true would be anfficient to make the employees of the leased, and for a lease for good consideration English authorities are not really that room residential, and he sup in my judgment that knowledge, was not only pleaded but was helpful for my present purpose for ports that evidence by saying and that user is sufficient to ex-persisted in throughout all the the reason that prevalling condi-"When I go to my father's house tend to the premises the protec- plaintiff's case and was abandon- tlana in England differ so radically I sleep in the sitting-room, so I tion of the Ordinance.
ed only in the later stages of the from those woich obtain in Hops- may as well sleep in an office as The plaintiff has no utegea hearing. In these circumstances kong. Almost without exception in a sitting-room. Coming from any "greater hardship within I think that fustice will be done the cases in England are concern such a judge that passage gives the meaning of Section 3 (2) of 1 I make no order as to costa, ed with premises which though me ampry sufficient justification the Ordinance and there will here will be judgment for the primarily used as business pre- for holding that in the present therefore be judgment, for the de- defendant firm on the claim, and mises contain a room or rooms case the bobupation by#Ma†Wing tendant firme
Aeclaration that an increase of which, afe used for domestic creal-Bhin and the membêts of this There remain for consideration rent for the premises to 1280 a 8x cence. That state of things is family is sufficient to bring Ene two questione. In the course of month is fair and reasonable.
HOME, FACTORY
AND
BUIKERS
POWER HOUSE,
TUGS &
LOCOS.
THE KAILAN MINING ADMINISTRATION
DODWELL & 00., LTD., Agurts, Hoir Kong.-
MOTORISTS!!
A little absent mindedness may lead to your entire absence.
YOUR FENDERS NEED
REPAINTING?
DODWELL'S DO IT
FOR YOU
DO
LET
Kowloon.
SERVICE STATIONS;
Russell St., Wanchai & 55, Nathan Rd. Kow!
Tel. 23711
Tel.