1924-07-25 — Page 8

SAFE S

NO FIRE

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bave destroyed

re contents of a

#JOHN TANN Fire-

resisting SAFE. *

JOHN NA BURGLAR

TANN

LTD., LONDON.

has ever succeeded.

in opening a,JOHN TANN Thief-resist..

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SOLE AGENTS-CHINA & HONGKONG: ARNHOLD & CO, LTD.,

7. QUEEN'S ROAD CENTRAL, 1ST FLOOR. 'PHONE CENTRAL 1500...

PROMOTER CHARGED.

SENTEMENT IN PROSPECTUS. SAID TO BE FALSE,

WICKERSOANE IN 199 RF,

the Central Police Station...

Be

APPELATE COURT.

THE CHINA MAIL.

THE RENTS ORDINANCE.

POINTS OF INTEREST.

ILLICIT ARMS.

SEIZED TV SHANGHAT,

A Shanghai cable to the "Daily Bulletin states that the Cistons More than half of the legal officials izd 50 automatic re profession. were present at thevolvers and 500 rounds of ammuni- Supreme Court this morning when tion on hour! the Franch steam the Full Court gave its decision in Angkor" on Wednesday, which an appeal case concerning the con- struction of the Rents Ordinance.makes the sixth seizure recently on That the questions to be decided board French mail boats. were of great interest was evident from the number of "property men" who waited in the Court precincts and eagerly discussed the decision given.

13

H. K. V. D..C.

LATEST PROMOTIONS.

1924!

Hongkong Volunteer Defence Corps orders state that His Es pleased to make the following cellency The Governor has been

promotions and appointments fri the Hongkong Volunteer Defence Corps, with effect from July 19 Lieutenant Hugh Blackwell Layard Dowbiggin to be Captain.

Second

Donald The Acting Police Commis

Lieutenant sioner, in his June report, referring Clement Logan, M. C., to be to armed rubbery, says thus the

Second Lieutenant Wilfrid illicit arms traffic at Shanghai is a Brackenridge, M. C., to be Lieuten-

ant

ment of Mr. Justice McCardie in

Lieutenant.

Pipe-Major John Black Ross to be Lieutenant.

Lieutenant J. B. Ross is appoint- ed acting O. C. of the Scottish Company, as well as Band Presi

ENTERPRISE.

To advertise the attractions of

An appeal had been made thriving business conducted on a against the Judgment of the large scale. Ho deprecates the in- Pulsne Judge in an action between significance of the penalties, and Yeung Chik-fook and Ho Shung-kibe says that until the punishments cantioned defendant, who tw (landlords) and Lun Ho-U, one of inflicted on foreign arms smuggler made a staternent which he signed the tenants of a block of houses are made really deterrent, abooting dent. as being correct. He was fonally

affrays will continue, endangering charged at 9 pm, on the same day (Nos. 102 to 116) at Firat Street the lives of the public. He then made a further statement.Actions were pending between the after being cautioned, and signed landlords and the other tenants it. On the same day withes but these cases were allowed to Bare, Mr. Lindall, at the searched defendant's luggage in his await the decision of the present tive operation unless it is express-Canada as the centre of the world's at the Central Policy action, which is considered as a fly so stated.' And see the judg- greatest out of doors playground Central Magistracy yesterday after presence

Station. Witness found, among test case, mur, Hvid Bellump Wickerahasın,

In the Summary Court judg-Henshaw w. Porter 'in my opinion and to stimulate interest in the an American subpet of 2. Tramway other things, a nounted photograph

possibilities. of Path, apparat na renmad, charged China Bank Building, alsment had been given for the land- the act of 1922 must be considered country, the Canadian National with publishing a false statement six mounted photographs. A box lords (plaintiffs) and the tenant in the light of the settled, recog- Railways have extended

connection with the Americanf unmounted photographs (defendant) was the appellant in nised and beneficent rule of law, radio broadcasting points to New Usistic Cortineteial Company, Estil.

handed to him when he searched the Full Court case. The appeal that existing rights are not to be York, and Chicago. This rallway & Queen's Head: Central, of which the oflice premises on July 9,

Mr. Brewer: When you searched was ordered to be dismissed with deemed to be destroyed by a already is broadcasting from Regina, Saskatoon, Statute, unless there be express Montreal, So he is President,

Mr. d. I. B. "Silill prosecuted 2, Triway Path, were you alone?

Mr. Eldon Potter. K.C., instruct-words, or the plainest implication Calgary and Edmonton. for the Crown and Mr. N. 1. -No.

Who was with you?-Witnessed by Mr. H. C. Macnamara, to that effect. The learned Judge. mentioned several members of the appeared for the landlords (res- proceeds 'I see nothing in the Act Police force and e mais named Lipondents) and the tenant (appel- of 1922 which compels me to give

lant) was represented by Mr. C. G. it a retrospective operation.' Chun-tang.

Alabaster, K.C., instructed by Mr. C. A, S. Russ.

Bresser de fended.

1.

Was Di Co-tang there with your permission?Yes.

After subafninga lights and charge. Mr. Null out sed his - the said that the defendanth (was curged under Section 74 at Lareny Jet The statement complained of

Are you aware that the warrant which was printed in English in empowers only the polite to sench? pink book for which was trans-Yes, and I carefully told

Chinese, read

STORY OF COMPANY.

Chau-tang not to touch anything. IR Witness added that he was pre- pared to testify that Li Chau-taug had touched nothing except letter in Chinese. Witness had his thick turned at the moment, and cold not say where or how the letter was found.

costs.

After the decision had been given. Mr. Alabaster applied for time for the tenants to move out and a fortnight was allowed.

Text Of Judgment. Mr. Justice H. H. J. Gompertz Acting Chief Justice) read the following judgment:-

industrial

the

their

The inauguration of these two new broadcasting centres for the

any Canadian. Company has system marks the first time that

contracted with United States broadcasting stations to transmit their message over the air.

Amendment Of 1924. Applying this test to the Rents Ordinance of the Colony, does it In New York the first broadcast appear by express words or neces-was made by the Radio Station of sary, implication that the amend the American Telephone and ment of 1924 is to have effect Telegraph. Company on May 13. News" retrospectively? In my opinion, it At Chicago, over the does not. As I read the opening Radio Station, May 7. words of Sec. 4 (I) which are found in the first Rents Ordinance of 1921. they do not apply at all to a notice given under the Ordinance which

notice purporting to be statutory which did not comply with the existing law, that is to say, with the enactment in force at the time the notice was given; they cannot be deemed to govern a notice, good initially, so as to render it subse- quently Invalid. If the legislative body had desired such a result it would have been a simple matter to make its intention clear in unequivocal.language

#

TO-DAY'S ADVERTISEMENTS.

on

Saturday the 26th inst. Com-

Cat Band in attendance. Admission:-

Members and H.M. Services 50 cts. Non Members Reserved Seats Members

$1.00

$1.50, $1.00.

R. C. WITCHELL,

Hon. Secretary.

latest. Elbow : ""The Aderiran Asiatie Commercial Compete, Lid., is the Jessure for a 500 mér estate in Basthorn Sian and further leases Bave been applied for.**

The date

"This is an appeal from a deci- of the pibliation of this book

sion of my own on the construction (that was when the draft returned

of the Rents Ordinance, An interpreter from the Scree f the printers) was March 20 Basr. On June 9 a search wartariat of Chinese Affairs said that) "On the point first taken before is a good statutory netice at the VICTORIA RECREATION CLUB.

They may, signed by his Worship, was he had compared the English and us that the notice to quit is bad time when it was given. esented at the Tramway Path, and Chinese versions of the pink bikk berause it does not expire with a appear to me to be directed pri-NIGHT SWIMMING FETE at the office of the firm, Queen's In the Chinese version, the monthly term. I have nothing to narily to common law or con- Beta Central. At both places the spoke of the estate as being already add to what I have said at some tractual notices of whatever date.mencing at 9 o'clock. Sharp--Black podria apizadzamy devagents, leased by the Compary. The delvidänt" was arrested on Sergt. Vincent, official phoength in my judgment below. They would, of course, cover a

"The next point requires careful June 10 as he was landing from a grapher to the Hongkong Police.

stramer and formally said that he had been through a consideration. Section 4 (1) of charged later in the day.

course of instruction in photo-the Rents Ordinance, 1922, is as graphy at Scotland Yard, and bad follows:—

Notwithstanding any notice The Company, proceeded Mr.been interested in the subject for

'to quit, whether given before Niall, was incorporated in Dela many years. Shown two photo

-or-after the commencement of wwen in 1922, and was registered in graphs, the sergeant said that he

... an the Hongkong. Registry as a for was satisfied that they were both this Ordinance ekot campur. It was in every taken from the same negative, but

'order or judgment against any *tenant in actual occupation for setum a body corporate. It ap

that, on one, certain alterations pend to have begun to function in had been made after the process of

'the recovery of possession of Hongkong in 1923, its principals printing.

́any domestic tenement for the Be the defendant and Mr.

'ejectment of a tenant there- Shofer. In 1923 a large ambum

from shall be made or given of shares were sold, almost entirely

'only if: Mr. Theodoro Max Robo, « to Chinese, » Early in 1924 defen.

"The sub-sections which follow, dant and Mr. Shaffer appeared to German subject, living at Carnar- have thought the time ha come von Road, Kowloon, said that he six in number, lettered a to f, før an enlargment-of-their-busi-had lived in Jongkong before the enumerate the conditions 'pre- Jcedent to the making of an order nes. They got into touch with a war, and came back in 1922. Mr. Rohn, & Gerun business man would be correct to describe him as for possession.

Vice- Manager and with big terests in Europe. Genera!

"In the case of each of the first About the idle of March last. President of the American Asiatic five of these sections (a to e) if action in Mr. Rohu agreed to coalesce his Commercial Company. Defendant the specified condition be fulfilled Although a common law notice to business with theirs. It was sug was President of the Company, no doubt a common law notice to quit was necessary in paragraphs gested that some sort of book, or Witness first met him in August quit would be sufficient.

Defendant first made last year. business overtures to him last

Prospectam, shuanld be published: and at defendant's suggestion, Mr. Roba drafted me out.

Believing implicity in the estute

On one of the photo- graphs letters had been put in very crudely, probably with a Chines pen.

Mr.

"In the present case the land- lord had duly proceeded under section 4 (1) (f), and had served upon his tenant a statutory notice to quit, good and sufficient under the existing law.

"After the expiry of the notice and before issue of the writ the law was amended.

New Requirement.

"On a reasonable construction of the Ordinance I think that the appellant's contention fails and the appeal should be dismissed with costs."

Puisne Judge's View, Mr. Justice Dyer Ball; assenting, said he saw no reason to differ from the judgment given in this

the Court

below,

STRUTHERS & BARRY.

NOTICE TO CONSIGNEES.

From SAN FRANCISCO and LOS ANGELES via PORTS.

THE Steamship

1

માં

Surveyors.

34

-ERIDAY, JULY 25

DAIRY FARM NEWS.

BETTER BACON

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So quietly and smoothly does the New V-63 operate that owners say they are scarcely aware that there is a motor beneath the hood

HONGKONG HOTEL GARAGE. SOLE AGENTS:

CA D

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THE HONGKONG & SHANGHAI HOTELS, LTD.

The Bird-like strut of her silkened legs- The Brazen lure of her stencilled face- The Seductive spell of her lithe, young body-selling her ankles and her soul for. what?

SEE

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CH Y

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New Bonon. Fremrend Glingené Equality Prompt attention to Exportars Office-115 Bonham Strand Fast, 3rd floor. Tel. Gen. 2539. Pactory 101-156, Ganton Road Yaameti Tel. K809.

“ OVERLAND CHINA

MAIL"

Contains all the News of the Week.

PRICE

25 cts. PER COPY.

CONTENTS,

"WEST SEQUANA, " having arrived from the above men toned ports Friday, 25th July) 1924, consignees are hereby notified that their cargo is being landed at their risk into the hazardous and/or extra-hazardous godowas, of the Hongkong, & Kowloon Wharf & Godown Co., Ltd., Kowloon, and (-e), yet there did not appear | stored at consignees' risk. "The last sub-section (f) is to be anything from which the Consignees of Cargo must produce March. The Grin wanted to ex-somewhat elaborate-thus (1) the necessity for such a notice could an Import Permit signed by the tend its scope and connections, lessor must bona fide require be inferred under paragraph (f), Superintendent of Imports and Ex in SouthereSlam.. Mr. Bolus very, and as the Company then, had only possession for a specified purpose, particularly because there was ports, Hongkong, before, Bills of maturally put it in, said ounsel, Aruerican connections, and witness (2) he shall have given three provision made for a statutory Lading will be countersigned or The next thing, of huportunes was possessed European ones, he was months' notice to quit-stating in three months' notice which is Delivery Orders issued. the defendant's visit to Bangkok. invited to join the business on a writing certain matters, (3) prior three times as long as the ordin-All broken, chafed and damaged On April 22 last; he left long. equal, footing. Witness agreed, to the giving of the notice heary common law notice. The cargo is to be left in, the Godown g with Mr. Rohn, who, on He felt confidence in defendant by must obtain from the Building statutory notice was of a peculiar where it will be examined at 10 wing the coupany, had been, reason of a photograph of a letter Authority a certificate to a certain kind and one which afforded for a 30th July, 1924, Wednesday, General Manager and the first from Senator Borah which the de effect, (4) a copy of this certificate ther-protection for the tenant inby Messrs. Anderson & Ashe, Marins Vice-President. After a while cor fendant showed him. The defen

accordance with the intention of All claims must be presented within tain things gave rise to uneasiness dant told in the company and is to be attached to the notice.

the Ordinance. In his opinion, the ten days of the steamer's arrival Mr. Rohn's uind regarding the leased a 5,000 acre estate in Southi- existence of the Southern Siam orn Siam, Witness prepared a prds

intention of the Legislature was bere, after which they cannot be estate, and he had the matter ou pectus from data provided by the

clearly that the statutory notice recognised should override and take the place No claim will be, recognised after with the defondant, The tatter defendunt. them said, "We have not got one

His Worship: Who actually

of the usual common law notice the goods have left the Godown and There was no reason to assume in cargo undelivered after 31st July, but we can very easily get one, ordered the printing Mr. Shoffer

Mr. Rohn was in a very diffivalti On April 29, continted the

the absence of express wording to 1924, will be subject to rent.

No Fire Insurance whatever will position, having rumitted him witness, he went to Bangkok with

that effect that it should terminate Zo a great extent. After careful the defendant. They took a house

on any particular day or date. be effected.. Gimmalleration' he came to the con- for the firm on May 8.

The Legislature must be presumed *Consignees are requested to send clusion that the best thing he could Wickershan told the witness that "By Ordinance 1 of 1924 the to be cognisant with local condi. in their Bill of Lading in exchangy

le was to stay where he was, and he had not brought very much certificate of the Building tions and he thought that Mr. for Delivery Orders Immediately. By to put the company on a good and money with him, so the furniture Authority is to contain the words Potter's argument that the land-

Progerous footing. However, he was obtained on hire. Witness

the defendant that the pub became suspicious and asked point and that such intended recon- ford who is required to begin operations within a month would

Local and Geneesk ication of the little pink bock must blank what the firm's capital was

It is argued that the Rents be hard put to it to do so in a case,

Social and Person The defendant agreed. Whereas defendant had previously

Charga Withdrawn Counsel proceeded to describe how told him it was hetween $70,000 Ordinances having been ab initio of that type, possessed force....

pics of this book were afterwards and $80,000, said witness, he then retrospective in effect, this new Whether the Ordinance waS

Tug Company Police Attacked! en by defendant to different confessed that it ammmted only to requirement can only be read retrospective or not was a matter about $2,000.- Witness asked, retroactively, and that notices of greater difficulty. There was

Sport THE Undervigned hard received Stelan Clothes .. PRESIDENT'S STATEMENT.

What about that estate?" Defen-under the old law are thereby con-[abundant authority for saying instructions to sell by Public! When defendant was arrested dant replied, "We have none; but stituted invalid, and no order or that no statute is to be construcd

Auction seven mounted photographs were wo can easily get one." The judgment for the recovery of retrospectively unless it is ex- Lend in his bag. The name of the witness asked why the defendant possession can be made on them (pressly stated or clearly implied Company was printed Above the had not told him the truth from the The result of course, will be suffi- He failed to see any implication in photos in Chinese characters, and very first, .and Wickersham ciently startling. A landlord hav-the 1924 Ordinance. The only dermenth, also in Chiness, were answered, Well, now you are ing served his statutory notice words which could possibly be ech explanatory legends so with us, you may as well know the may have entered into binding construed that way were "Not

"This is the rubber factory of truth."

neefold Mr. contracts for the pulling down and withstanding any such notice to this Company".

Witness at once told These Workmen are employed Wickersham to write to Hong rebuilding of the premises. He quit." These words he thought this Company tapping kong to have the firm's invest they have covenanted to sell with must be read as a whole and their ments realized immediately as the vacant possession on the expiry of meaning was clear as regards This rubber plantation is pro- business would

to be the notice, Clearly if the appek paragraphs, (a-e.) but reading party bought by this Company" reorganized. on a different basis. lant's contention is accepted the them in conjunction with para. Detective Sub-Inspector Tey. Witness also said that the publica landlord might be put to great (1), which required a special form side aid that he executedo sonraition of the prospectus must. cease, hardship..

of notice to quit. He thought that Momcsart af No. 2, Tramway, Path, and defondant agrded. Defendant "The general principle is stated the meaning of the words was *** rendence of defendant and Mr. returned to Hongkong - two days by Mr. Justice Fry In Hickson v. “Notwithstanding any notice to ker on July 9, and the same later. Witness afterwards went to Darlow it is a well known prin- quit other than a notice, under afternson executed a further one at the Land Office at Bangkok, "and, ciple of law on the construction of Para. (f)" Otherwise they were 6, Queen's Road Central. At asked if an estate had been teased Acts of Parliament, and especially meaningless. The Ordinance could h place he seized a number of in the name of the Company when the rights and liabilities of not he construed retrospectively

e certificates, letters, and other received an answer in the negative, ments. He first saw the de- The Hearing was adjourned until persons are altered thereby, that and flerefore he thought tast the

they are not to have a retrospeci!appoal should be dismissed. in the Detention Room at this afternoon. And

Inve

struction is desirable.'

1.

STRUTHERS & BARRY, Y Agent Corporation,

USB. Emergency

Hongkong, 24th July;1924,

· PUBLIC AUCTION.

MOTUESDAY, THEY): 1816,"

-comsoonsing-at-11-30-am. their Bales Boom, Duddell Street 255 Dioptric Lenses

"

32 Rolls Belting

20 Drums Anti-Corrosive Com

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Also

A Quantity of Motor Boat's and

Ship's Fitting and Accessories. Form--Cash on delivery,

LAMMERT BROS.

dnokomaars.

ROXOR

Donostic Opparences Leading Articles Oplum Posession ...

Correspondence Landlord Sped

Magistrate Paint Colony's Finances. Police Burgling Queen's College Paddy's Market

Rey EH Carnu.

There' Lack...

Sunday Labour

Dramatio, Escitalo 3.8. "Bat Qa Jaly. Fourth Good Work -Criorizial Benzler

Too Bad... Cheung Chan Chatoo Notes Kwangtung Arsenal Shamorn Strika A, Pomibly Rumont Mouldsen Skrike, ******

B-10 Barracks Tragedy

Chauffers Quarre!

Azmɛ from Europs

Flood Belief.

Cantor Striker

9

Wedding

9

Obituary

-10

.11

11

Bye Treatment.

11

Drainage of Happy Valley

12

12

18

18.HM.A. 96.

Armed Robbery

Treatment!

MV/cf}+\"thiel”: Allmännition Find

441310: Matder Plot .............. Maritime Chatima

18

15

A Ford Tour

13 Alleged Kidnapping

Buyers' Guide

Had A Bacana Typhoid Bangle Sustober A Bine Chroor Commander Hola

Murder Charge Kellet Lodge British Flier

| Ugly Bunsours

18-19 | Motory vir Rick -

Loonl Bhare Mar