1938-12-13 — Page 4

KING S

TO-DAY

ONLY

TO-MORROW United Artists Release

4 SHOWS

DAILY

2.30-5.15

7.15-9.30

At 2.30, 5.10, 7.15 & 9.30 P.M.

DAVID O. SELZNICK'S greatest bicture

MARK TWAIN'S BELOVED STORY

THE

Adventures

OF...

TOM SAWYER

In Technicolor Directed by Nerman Tanreg Released shen United Artists

PADEREWSKI in

'MOONLIGHT SONATA”

with Charles Farrell-Marie Tempest.

TAKE ANY TRAM OR HAPPY VALLEY BUS

ORIENTAL

FLEMING ROAD

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⚫LAST 4 TIMES TO-DAY•

WONDERFULLY EXCITING AND GLORIOUSLY THRILLING An amazing, thrilling story of modern romance and high adventure that brings new glory to the screen.

vlinick International presonte

RONALD

COLMAN

The

PRISONER

OF

with

ZENDA

MADELEINE CARBOLL

DOUGLAS FAIRBANKS, Jr.

sx Rupert of Henivan

Produced by DAVID O. SELŽNICK

Released thre United Artists

THE CHINA MAIL, DECEMBER 13, 1938

MR. LI TSE-FONG WINS APPEAL IN URBAN COUNCIL SUMMONS CASE

An appeal from a decision of the appellant was rightly convicted.

It is clear that the offence for Magistrate, Mr. K. M. A. Barnett, when he convicted Mr. Li Tse-which the conviction was recorded fong, Manager of the Bank of was that of failing to comply, with- East Asia, for an offence against in the time limited, with the terms the Public Health and Buildings of the Urban Council's notice · of ground Ordinance, was successfully made May 6, and it is common - before the Acting Chief Justice, that appellant did not comply with Mr. Justice R. E. Lindsell, at the those terms until the ninth day

after the service of the notice.* Supreme Court this morning.

Appellant was represented by Mr. H. C. Macnamara, instructed by Mr. M. W. Lo.

It is submitted, however, by Mr. Macnamara that the only offences created by Section 24 are those (a) Mr. Justice Lindsell, giving of allowing the continuance of a judgment, said the Magistrate held nuisance after the time limited, by that since the Urban Council no-the abatement notice right up to tice had not been complied with in the time when a summons is ap- point of time the defendant must lied for; and (b) of having creat- be convicted. He also made an or-ed or allowed the existence of a der under Section 25 (1) (b) of nuisance which though abated time the Ordinance that the defendant since the expiration of the

of limited by the notice is shown to should prevent the recurrence the nuisance at the premises in fu- be likely to recur. ture, and under Section 25 (2) im- posed a fine of $15.

NOT CRUCIAL

COURT JURISDICTION

He argued that this is the natur- "At the hearing of this appeal al and reasonable interpretation of myself raised the preliminary point, the Section and that to attempt to which was not raised in the notice read into it by implication a provi- of appeal, whether under the pro- sion that failure to comply with an visions of Sectión 24 and 25, which abatement notice within the time seem to limit the magisterial juris- limited thereby is "per se" an of- diction to the making of an order fence is to place an unnatural con- a penal provision in one or more of certain forms, it struction upon

to the cardinal was within his power to record a which, according

be he had conviction, since, if

no rule of interpretation, should such power, and if the words of read, so far as may be, in favour defendant must of the accused. his, finding "the

With this agreement.

submission I am

in

be convicted" were not more sur- the plusage, it was obvious that

I think that the very words of the conviction recorded against the ap-

Section "or, in the case of a nui- pellant could not-stand.

Mr. Macnamara, however, satis-sance, if the same though abated a since the service of the notice is fied me that the imposition of fine, such as a Magistrate is em- in the opinion of the Council like- powered to order by Section 25 (2) |ly to recur" make it obvious that of the Ordinance, carried with it the time limited by the notice for by necessary implication a convic-compliance with its requirements

of is not crucial. tion of the offence in respect which the fine is imposed.

TIME LIMIT

The question I have to determine

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The legislature having obvious- ly intended, that the defence that he have since service of the notice shall not be open to a defendant on is abated the nuisance complained of

the nuisance DANCING IN 6 HRS. whose premises Rapid easy lessons. Be likely to recur, i.e. a previous and ginners A speciality maybe persistent offender, the im- Advanced courses. Mo-plication that this defence shall be dern Ballroom Tango. available to what I may call a first Tap. Expert Tuition. TONY'S DANCE STUDIO offender seems to be inevitable. 6th Fl, China Bldg., 12-A Tel. 30993,

230 520 *

720 9.20

TO-MORROW

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The conviction must be set aside and the fine of $15 refunded to the appellant.

HANKOW

STARE

TO-DAY ONLY

William

KOWLOON

57795

POWELL Myrna LOY "EVELYN PRENTICE"

MELVYN DOUGLAS VIRGINIA BRUCE

‘ARSENE LUPIN RETURNS” ·