Jurisdiction Of A Magistrate Contested
A motion for leave to issue a summons for prohibition directed against Mr J. Wicks, Police Magistrate at Kowloon, George Victor King and George Edwin Coster, both of No. 4 Knight Street, to prohibit them from proceeding further on a summons against Bertha Pears under the Landlords and Tenants Ordinance, alleging rent overcharges, was heard by the Chief Justice, Sir Leslie Gibson, in the Supreme Court this morning.
The application was made by Mr Brook A.. Bernacchi, Instructed by Mr M. A. da Silva.
case.
On November 11, Mr Wicks re- ques- jected a submission which tloned the jurisdiction of a Magis- His trate's Court in Uits Worship held that it was within his right
to preside over the proceedings. Bertha Pears is summoned on 28 counts alleging rent overcharges and failing to supply to the sub-tenants, Li-Cmdr G. V. King and Mr G. E. Coster, a notice of their portion of
THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 24, 1948.
Squirrel Cage Latest For The Jeep
not be heard until the could magistrate heart preliminary orgy- ments as to whether the premises that section of the were under Ordinance. ONLY AUTHORISED TRIBUNAL Mr Bernacchl spid it was not suggested that the magistrate had
A new device for use WOR but it
conTM no jurisdiction under Section 8 of
with the military jeep for the Ordinance,
pot travel over · swamps, tended that he could not exercise his furisdiction under the section where t was elear, either in the
holes, bogs, soft beaches Ince of the evidence or in the
and heavy underbrush is there face of the morning Wan The motion this
summons, that
being tested by the Marine the was a dispute under Section 3 of
It brought upon the ground that
10 that
corps at Quantico, Va. Ordinance as to whether or Magistrate has no Jurisdiction
Is a continuous road mal- scar or determine the case and for not the premises came within the
a dispute must ting on rollers which runs an order that all further proceedings Ordinance. Such
under the wheels of the in the Kowloon Magistracy be stayed until the further hearing of the
vehicle AP Picture. summons or further order.
the rent.
Mr Bernacchi said that all the summonses were laken out under Section 8 and obviously there was a clear issue as to whether or not the premises were within the Or dinance. The question of whether any offence against the Ordinance had been carmitted under Section
Bridge House Trial
Closing
Addresses By Defence
The Bridge House trial. In which Lieut-Gen. Kinoshita Eiichi, and Sgt Yoshida Bunzo
that
be referred to n Tenancy Tribunal being the only tribunal authorised under that Ordinance to hear much a dispute.
Tenancy was n contract between landlord and tenant, maid Mr Ber- nacchi, and therefore if the tenant was not disputing it was a boord- ing-house, then there was no claim- ing to be a tenant at all. He woN a mere licensee so that the Police should not attempt to say he was not a licenseo but a tenant. Ten- ancy being a contract, if the tenant did not dispute he
not n Was tenant, and it was the end of the matter. If he did dispute he was not a tenant, then he should pro- reet under Section 3 (ii) of the
Ordinance.
EVACUEES
ARRIVE IN CANTON
40
Canton, Nov. 24.-About European and American re- fugees are due to arrive from Hankow by railway today in the Arat organised evacuation of Westerners from war-threatened arcus to come 'to Canton.
NO TENANCY QUESTION Mr Bernacchl submitted that in framing section 8 of the Ordinance,
Most of the people, according to whilst not neccessarily excluding local sources, are dependants of Police summons, the legislature had
business representatives and mis mainly in view, the tenant taking ionaries in the Hankow area. The about 25, summonses as complainant before n magistrate. If the tenant admitted larger part of the group. the premises were a boarding house, are British subjects. Family heads are charged with being concernins in the present case, then there are remaining in Hankow. ed in the ill-treatment of civilian was no question of a tenancy arising. The evacuation is not an emer residents of Shanghai between
On the present evidence there was-gency measure, it was July, 1942, and November, 1944, a dispute between the parties as to here, but is a safety measure in the Ferise. General living drew to its close with the de- whether the premises were a board-long-range
chance that Hankow livering of closing addresses by ing house or not, therefore, the case conditions in Honkow are deteriora- the defence before the War came under section 3 (2) and shoulding, and the
not come before a magistrate as the may be cut off from the south has Crimes Court at Lyemun Bar-legislature provided means for such caused the present steps to be taken. racks this morning.
a dispute to be determined by tenancy tribunal.
on
1
Mr Bernacchi said there was Making his closing address
the Defence behalf of Kinoshita,
prima
facle case that the legislature, said having chosen to designate Counsel (Mr Kakelil Masno)
who that
dispute, the that while he did not deny William Hutton
death. would decide such a (whose
the il-magistrate must wait that decision allegedly resulted from
whether to treatment received at the hands of before he could consider convict under section 8. the-Shanghai Gendarmerie) was in fact ill-treated, he considered that On-the-question-of suggested.
emphasised
of
Australia Backs 1947
Palestine Plan
Paris, Nov. 23-Australia today joined Russia and the United States in backing a Palestine peace plan based on the original 1947 partition proposal, differing from last week's British proposals, which are in line with the late Count Bernadotte's report.
Mr John Hood presented an elements of the Bernadotte Report. Dr Philip Jessup told the Com- Australian resolution to the United Nations Political Committee that, contrary to the British resolution, the conciliation commis- mittee advocating a five-member sion should not be tied down conciliation commission the the Bernadotte plan in advance. British plan suggested a three- member commission-and also differing from the British reso- lution on these points:
1. It gives the conciliation com- mission no clear mandate to settle the boundaries in conformity with Bernadotte Report
the
In
2. It wants boundaries Arab areas to be determined in con- formity
of "with the wishes the people."
It urges the Security Council to 3. It give "sympathetic consideration" to any application Israel might make the United for membership of Nations
The American stand on Palestine was outlined on Saturday in a pre- liminary statement, declaring that any change in the 1947, plan, sp- bly, should be made only if accept- proved then by the General Assem able by Iarnel.
1
SOVIET SUPPORT
the
U.S. AMENDMENTS The United States amendments can be summed up in the following three points:
1. The Assembly should not at- tempt to endorse outright Count Bernadotte's plan to give Western Galilee to the Jews and the Negev area to the Ambɛ.
2. Possible exchange of territory should, however, be taken into ne- count in the negotiations.
3. Tho
conciliation should "facilitate" the payment of compensation to persons who In-
committed
curred less in the war-Reuter.
King's Leg Trouble
(Continued from Page 1) At the beginning of the Assem-
Johannesburg: South Africa was radio British Consular oficials said yes-bly the United States supported the
Bernadotte Plan.
by early morning in the shocked terday that they were making or
debate In yesterday's
broadcasts giving the first news of Soviet Committee,
the King's illness. rangements to move their nationals Political
The King. the
and the Queen out of Canton as quickly as possible delegate reaffirmed support for the Count
Princesses had made a deep Impres- to Hongkong, where a number
sion on South Africans during the Bernadotte's scheme. evacuees have already been taken. original plan and rejected About 30 reservations on the ship
In the Political Committee today,
warm liking for their homeliness Falshan are being held for them. Mr Aubrey Eban, spokesman of the royal four last year and left behind
Provisional Government, and a profound respect for the de The other nationals in the group. larael
out their long tour, cared for by the mission
The United States, in a statement
Capetown's
cobled mayor ther the f-treatment did actually it was four months since the Arst Canton for the time, being and are States policy outlined.
hearing there were only three heat being
Atgroups which they represent.
omending the British resolution,
Buckingham Palace today: "Tic ings totalling six hours in all.
Silva in-
proposed that the projected con-
citizens of Capetown are deeply con- Counsel reminded the Court that the initial hearing Mr
OTHERS ARRIVE
ciliation
given a commission be Dr S. Sturton (medical officer in dicated that he was proposing to
to negotiato territorial cerned in learning of His Majesty's. free hund adjustments, but that it should also indispositions and on their behalf 1 be speedily restored to complete health take into account several important express hope that His Majesty will
grave doubts must be cast on whe-delay, Mr Bernacchi said although mostly Americans.-will-remain-lai-packed-the-Australian-and United-termination-with-which-they-carried!
cause Hutton's death.
com-
become apparent on the face of the 1118ld that he
proceedings until the evidence of the two complainants at least had been taken.
the Haiphong Road civilian intern-object to the magistrate's jurisdic- Though this is the first organised ment camp at Shanghal) had said tion and at the last hearing, after group to arrive here from the north, the cause of Hutton's emaciation the evidence of the second could have due
to dehydration plainant had been taken, he raised other refugees have been dribbling Counsel submitted into Canton for several weeks. One and lack of food..
his objection. There was also that the evidence, he submitted,
that in the present case it did not stateless person, who arrived with family from Hankow early in the got rid of his medical treatment given Hutton on his return from Bridge House gaol
quarters at in- to the Camp was completely
household effects and fire-sale prices in order to get away, adequate for one in his condition,
to settle in although Dr Sturton had agreed that On the face of the proceedings at He is now attempting he thought there sufficient present and not when they were South Chinn.
was medical supplies and apparatus in rst started there was an apparent the Camp to treat a patient such want of jurisdiction which entitled this Court to stop the lower Court as Hution.
from proceeding.
Counsel, in conclusion, submitted that William Hutton was ill-treated that he had raised a prima focle in the Kempeitai Hendquarters
case for prohibition and asked for Jessfeld Road," continued the De- fence Counsel, "but much regret his untimely death and deep As my sympathy is for Mrs Hutton, I must insist upon my opinion that a tragic error of Judgment regarding
"Not for a moment would, I deny
*15
al
T
the order on the ground stated.
His Lordship will give his decision this. afternoon.
VENEZUELAN
his medical treatment on the part VENEZUELAN
of Dr Dunn, cost William Hutton his ifo."
"FLIMSY" EVIDENCE
Dealing with the second chargo Kinoshita, the Defence .against
REVOLT
Willemstad,
Curacao,
Nov.
north of Caracas, who, said he was
Democratica,
evacuation
Canton
is also supposed to become the the centre of operations for Lutheran plane, St Paul, which, has been engaged in missionaries in threatened areas and supplying others in isolated parts of China, Formerly, the headquarters for the plane and its three-man crew was Shanghai.-United Press.
Mail Moving Despite Strike
to
German Police
Wounded
to
Bombay: The people, of Bombay heard of the King's illness through emergency news sheets circulated in the absence of newspapers and radio, silenced by yesterday's cyclone.
The man in the street showed greater concern at the 'King's all- ment than at the cancellation of the Frankfurt. Nov. 23-American tour, and there was a general wish soldiers shot and wounded one of for his speedy recovery.
Princess Elizabeth's husband, tho two Russlan-employed German po- icemen who crossed into the United Duke of Edinburgh, may undertake States occupation zone, the American in the next few months some of Military Government reported today. the public engagements which had
been planned for the King. a German Duke 1s at present on "half pay" Ometal reports
another and
policeman leave from the Royal Navy. sergeant
This arrangement was made so crossed the border from Thuringin Hesse, into: American-occupied
that he would be free to assist the troops or
in Princess while she remained American constabulary dered the Germans to halt and fired Britain during the Royal tour- warning shots over their heads when Reuter.
started
theu
they sit
sild
The
MUST TAKE GREAT CARE running back. The then pointed a German sergeant
London, Nov. 23-Buckingham rifle, at the Palace sources today. said
that so weapon, presumably
troopers, American
and they
far as could be seen King George wounded him, the reports said.
would have to take great care for aver- A constabulary patrol happened to the rest of his life not to
near the exert himself. manoeuvrCS be on field
Informants said that even if the which His circulatory condition, arrested, United
announced Majesty's physicians carly today, cleared up his illness bo no was zuch that there could question of a long and strenuous visit to Australia and New Zealand
were
13-day-old Atrike.
Presumably the same prac-
It Was
New York, Nov. 23.-A large proportion of civilian mail bound 23.-Caracas Radio reported for overseas is being diverted Counsel declared the evidence pro- duced by the Prosecution in support today that the Army had over- porte unaffected by the East Coast
Mall Germans was both flimsy and highly contro- thrown the Venezuelan Govern- longshoremen's strike, the New York border town of Huenfeld, where the
revealed. versial. The conduct of affairs inment and had proclaimed the Fost office today
ordinary routed through New York Press, the cells of Bridge House was the situation to be under control.
is being shunted to New Orleans, responsibility, of Major. Nagula, the
The Radio said the Army was fed Charleston, and other ports 'not in- section commander, sald Counsel, and to charge Kinoshita with being by Major Mendoza, Chief of the volved in he
with bring Army Corps. at La Guaira, Just However, it was emphasised that the 400 MACAO BOYS such as he had planned. A shorter visit might be possible in a year's concerned in the death
time DUE HERE was most unreasonable. Respon-obliged" to overthrow the Govern-Fost Office is only using ships regu-
The King had his right foot in an elbility for that death, he sub-
points. clon mitted, must be placed squarely onment as its party, the Liberal Ac-larly scheduled to sail from these WOL "taking tipe is being followed on mall for-
Four hundred boys. from Yuot electrically-heated cradle this even- ing when the Prime Minister, Mr. the shoulders of Naguts.
Venezuela to bankruptcy."
No special mention was made of merly routed through other ted-up Wah College. Macae, operated by
are arriving Attlee, visited him on routine diffciat Hutton
business. the
understood Referring again to
President Romulo Gallegos, elected ports.
A spokesman for the Postmaster the Salesian Fathers,
His Majesty's Blness is extremely Incident, Counsel suggested that a
by popular vote on December 14,
said this today by the ss Cheung Hing on a Robert Golban,
will require many cloak of secrecy was thrown ov
months of constant treatment. the whole incident to keep it from 1947 In the Arst direct election la General, no with the Post Once three-day visit to the Colony. In
Buckinghom Palace remained Kinoshila's ears. That object, Coun- the history of Venezuela,
Major Mendoza, the Radio sald, policy of keeping the mail moving charge of the party is Rev. Fr. J. Painful and
silent on the exact nature of the sel further suggested, was success-
guaranteed all private propertica by overy proper means possible.
The tour is cultural and educa King's lilacss. His physicians sald fully achieved, and Kinoshita, as a
the King was suffering from an result, had no knowledge of the and respect of international treaties. The spokesman said 493,000 bags of
He called on all Army and Navy mall have been dispatched by New tional. The boys are from various
circulation through Incident. In the same way, Kino- officers and mon to unite with him York Post Office so far, this month, parts of China and are keen
with a total of 075,000 seeing this model city of which obstruction to chita was entirely unaware of the
The the arteries of his leg and that a Illegal methods employed in extract and the people to stay quiet and compared
bare dispatched in October. maintain law and order.
they have heard so much.
to his right to defective blood
supply Includes from suspects, ing "confessioris".
This showed, he said, that a good programume Plots of planes arriving today
foot was causing anxiety." The despite the
Institutions, publie King's liness through widespread conspiracy from La Guaira reported that Pro-now is being maintained
is generally spoken. on the part of his subordinates sident Gallegos, was now a prisoner longshoremen' walkout. From the buildings, the aerodrome, warships, of as having been caused by a blood which went as far as the deliberate of the Army there.
start of the strike the Post Office has etc.
clot, but sources close to the concealment of all evidence of the An official communique listed to been taking up available space on
The trip was mado possible Palace said it was not necessarily employment of these methods before night in Caracas said that the whole overseas planes. No army mall has tours of Inspection carried out by Venezuelan: Cabinet handed in their been tied up by the stoppage. Army through the generosity of Dr Pedro a clots AMAT
Director of Economies, It was noticed that the physicians. Kinoshita,
resignations to the President shortly mail is carried on army transports, Lobo,
well-known bulletin emphasised that the King® Counsel, aninderthe Court to and after midday todo, MEER and the longshoremen have made no Macao. Dr Lobo, a Kinoshka non "13700 all, the thres They would remain at their posts, attempt to interfere with the loading philanthropist, pinned this tirp for general health, including the con-
for comoarn Urilted Press, obarga agad sihin koska however, unul A new Cabbat was operations on these ships United the boys who are being looked after dition of his heart, gavo ne reION.
by the Rev. P. Lappin. installed---Reuter. (The, trial: Ja proceeding
=
was
Buchta
government
Vizita
on
SHOWING Queen's
TO-DAY
HE
CRASIL DIVES ON A GERMAN AIRCRAFT CARMER
! SHE
ONE
"OF THE
BEST TEN!
At 2.30, 5.15. 7.15-&-9.15 p.fl.
BONES A JAPANESE MUNITION DUMP
A GUY NAMED JOE
Hear Glorious Music by
Rudolf Friml
'KIN
DUNNE
Melto: Solluyn
WILLIAMS JOHNSON
Made
NEXT CHANGE
NELSON EDDY. ILONA MASSEY
NORTHWEST OUTPOST
A REPUBLIC PICTURE
ADDED ATTRACTION →→
World's Middleweight Championship Bout! ROCKY GRAZIANO vs. TONY ZALE
(Champion)
(Former Champion)
TWO REELS INCLUDING SLOW MOTION SHOTS!
ALHAMBRANDTHEATRE
SHOWING TO-DAY AT 2.30, 5.15. 7.15 & 9.15 P.M.
TET SCRATCLI
THEY DO
FREX AIST!
[Luhatest cot.fight slaven "The Wotton");
Lana TURNER
LARAINE SUSAN
DAY. PETERS
IN ALOM'S
KEEP YOUR BED POWDER DRY.
Proded by KOWARD BUZZÁ
Produced by GEORGE MAN
"ADDED! Latest NEWS OF THE DAY!!
SHOWING
TO-DAY
MAJESTIC
Meet
me at
Dawn
starring
WILLIAM EYTHE
and
HAZEL COURT MARGARET RUTHERFORD BASIL SYDNEY STANLEY HOLLOWAY
Produced by MARCEL HELLMAN
!
AT 2.30, 5.20,,
7.20 &.9.20 P.M..
Am Esnalalar
· Flu Production
Ražaused by 20th Centery-Pex
FRIDAY: "THUNDERHEAD" COLOR BY
SHOWING
TO-DAY
Cathay
TECHNICOLOR
AT 2.30, 5.20,
7.30 & 9.30P.M.
It's the Biggest Bogart Thrilll More Than Ever Before! Ho Fired the Shot Heard Round the Underworld!
THE ONLY ONE YOU HAVE TO SEET DON'T MISS ITIS
NEXT CHAN
Big Shot
The FRENE MANNING PAY
MAR
Page 5Page 6