1946-01-15 — Page 2

THE

OHINA MAIL

Registered Ofers: Windsor 11ouso,

1st floor.

The Voens Road, C. Han Kang.

Telephonts 32312, 24364 & 33923.

Managing Edo: W J. Koalen.

Subription Rates:

it mouth.

natha

TEK. 9.00 it $18.00

The yea

Down Under

A

3 alertsting, it wrong ly estatendiary, state 1 The large nuabers of Citizens in the Pacifi alid have expressed a

THE CHINA MAIL, TUESDAY, JANUARY 16, 1940..

Allegations In Tenancy ESS WITH MEELES Food Situation In Canton

Tribunal Case Appeal

STATING THAT THE APPEAL FAILED SO FAR AS IT WAS BASED UPON THE EVIDENCE BEFORE THE TRIBUNAL, MR. LEO D'ALMADA DELIVERED OF APPEAL YES. JUDGMENT IN THE COURT TERDAY IN THE CASE IN WHICH THE SHUI HING COMPANY APPEALED AGAINST THE DE CISION OF THE TENANCY TRIBUNAL IN REFUS- ING AN APPLICATION OF EVICTIONS AGAINST CHAN KWAL, WONG RUL-MING AND OTHERS OF NO. 189 DES VOEUX ROAD CENTRAL, THIRD FLOOR.

The appellant was represent ed by Mr. M. A. da Silva, ia structed by Mr. B. S. C. Brooker, while the respondents appeared In person,

Before Judgment was deliver. ed, a statement was made by Mr. Silyn, who said he would like to draw atteplan to w Aner Aspects of the frat hearing.

od area that hearing, he stated that Mr. deine to Brooks, Anding no record of the It would exact round for the decision of the Tribunal, had, after giving notice of appeal, applied for the hurman'n derision in writing. "It is regrettable that I was ft structed that at the tri bunal hearing the chairman of ford to give the dosion is writing and that Mr Bredene Take thin de gale, Euro to Dvadese

emigrate to Australia, have been masuri tis unde totood it they hot ahrady been

Ja, a good want priete iron

thong Keg

selva Ph

t

w!

1-4412

JA

our a

of the war are leve goat at All, with whataret and Dirty

1

R. M. Wher,

a de ser

Crishti with He saw tygrafie wil be que ashle not at appterrarie area. 18

In the ung vil matter.

statement

1

Later na apparention ww m. le gesi,for the decision in writing

ESSENCE OF COMPLAINT and detour, wand Abs The Silva, was that reparin first bearing have give the

toon that the last two par ixed, by Mr. Caldveet, fed of graphs of the decision by P

of Inayout. tribunal were inerted me 10 the Depararni

waitten decision in bad foth by the tritanni

presise

ely

it as made fanly dea that Aas, 11that task will be to i seite bei demolukord sessmen and winnen and to make gemi ibe

skortagra lations, it

1

1.11

and

mode

"I want to make it else that

T

there was no auggestion of i Faith

nupropraty. erience of his entplaint wild pumably the two paragraphos, vomituma

iwir Mr. Silva.

was whether here , statt i be agained in any had been evidence to justify the hamediate steps well, as tribunal mentioning the potnes

TWO OU the

الا

4 can be gathered, be banned jin the paragraphs.

to the aceptance of

The decision not be make n

i

of

colloquialism, he could be said to be making the best of a bad job, and therefore with subsection 6- (b). But the moment there is n demand for higher rent acceded to by the tenant, then there is that "something more", in this case an agreement to accept him as much. which takes the case out of the subsection.

ย

I am well aware that the section douls with a person who became a tenant solely stc, wherefore it argood that in any event may be by the present occupiers, or "aub

the tenant in this chac in not pro meaning tenans" within the Artiele & (b) of Proclamation No. Lecter, his tenancy in the first case 1. They claim an order under having arisen solely by the accop- Such an argument of rent is (b), alternatively under (a).

Can Twoun The answer alleges that the On would not impress nie. Lnk Cu, have been the sub-tenants treanosser be ousted or the ground ving of his original trespass, when his all along. The Application having been refused by a Tenancy Tri- title is founded on an agreemen;

with the landlord arr:vod bunal, this appeal is now brought

sequent to the tort? in view of the last paragraph of the Writen Decision (which for convenience I wi rofer ta here- after as the Findings), it is neces who is now the sub tenant, ie, who uary to decide in the first place * in ecupation of the premises

н

prewar pot in

thu concerned. tenant, the ta Lok ta.. or their a Opponents 7

1 nevus to me on

V

sub

U.S.S. LOS ANGELES HERE NEW

ADMIRAL

now

Serious

Additional units of the United Statas Seventh Fleet and a South Chins Fleet commander THE FOOD SITUATION IN CANTON APPEARS TO

came into Hong Kong harbour yesterday

:

HE GROWING MORE-ACUTE. THE ADVANCE IN PRICES CONTINUES UNCHECKED. TO-DAY Tha cruiser, U.3.8. Los Angeles, the heaviest American warship to RICE 19 C.N.$18,000-A- PICUL, A RECORD JHIGH,

the put into Hong Kong since

AND IT IS STILL ON THE UP-GRADE. The riso is, of courue, not war's end, came from Shanghai with two destroyota-the U.S.S.

confined to rice, but it takes Metcalf and the U.S.S. Shields.

The Los Angeles is the flagship the lead and other things fol- Closest on its heels. of Rear-Admiral C. Turnor Joy, low suit. who will succeed Rear-Admiralis peanut oil which has been in- Elliott Buckmaster as commandering at the rate of $40 to 50 per of American Ploot Units in Hong catty a day until it is noly re Konx. Admiral Buckmaster tailed at C.N.$800 a catty.

force to than three

brought the American Hong Kong more months ago.

subsellon 5 (b) it must be so also of which are

Firewood is C.N.$2,500 picul; and pork, beef, fish, poul- try and vegetables havo

Illegal Export Attempt Alleged

The master of the

Tak Kes

goared.

Hardest hit are, of course, the Lung Firm. No. 48, Den Voeux AGOVERNMENT TENDERS safarled class and those who live Read West, Mr. Tam Pul, and his on their daily earnings. No in-foki, uo Kau, were charged be- Government is calling for ten- crease in pay or service charges fore Mr. C. Y. Kwan at the Bummary Military Court poster- attempting ders for repairs to Taipo Tunnel, can keep pace with the riscs in

to export day, with (details food prices.

800 enttien of sheet rubber at the If is in for the murposes of for miscellaneous cargu

published in the

Even Government servanta Cheung Chau Wharf on January "(inzolle") for renwall repairs, under subsection 6 (8).

who are best paid among the 13. for Water Police capa, fur re

It was stated that accused wore BONA FIDE CLAIM Subsection (a) provides formoval of debris, for repairs talarind class find themarives at

their wils end, so the lot of sending 14 packages astensibly of dates, pepper, mush- of a person who "does padded rooms, for repairs

of roads, and for their less fortunate fellow work-preserved the eviction

bona fide claims pessession untenance

ers in the shops, the artisana, cooms, vermicelli and black dates. landford".

A bona de "back-fillin" works.

the school-teachers and the daily on board the Tai Lee Junk lying alongside the Choung Chap Wharf. cl.1100 means a claim honestly

inbourers can easily be imagin which dug to leave for Taiping. A careful made. rnd, but for the existence

On examination, Ave of the 14 packages were found to contain action in th) by which such claim must be taken to be excluded

eating-sheal rubber.

reading of the Findings that the Tabunal arcived at a fading of Tact that Chan Kwai and not the is the cupler or party at session

THAN AWAL ACCEPTED Referring to the whor of

follow.g the

passage evasione, ccurs:

even 21

A

subsection 5 (a). elaios bared on the acceptance of rent solely would in most cases de roasi lured a bona file olalın based on an agreement to a higher rent after some time Day

jཎྜ uch bosa file one,

This appen! therefore fatin far as it is based upon the evid

Tribunal. ence before the

12

X

ants are

an!

You see endless crowdn mill-

the cheap

J

allegation that the Respondent. v. Chan Kwai, is not Chan Kwai, but an loposter; that the alleged iming round

At the requr of Revenue Of- poster is not in occupation of the houses, enger to get a bowl of

mentcer Ward. the case was adjourned rice with premises; and that the mole occup cheap cooked

a week, and hearing was fixed for at C.N.$50 Wong Kin Wan. The and vegetables

his family. second Respondent, and his

These places user to be January 23, 1 230 p.m. Accused bowl. pe This imposture first became known

patronised by pale-faced, under-were on ball of $1,000 each. to Applicants at the hearing when.

A collision between a tram and saw the nourished. ragged coolies who they are, they first "On the evidence, the Tribunal

A public rickala occurred at olut Lymanent

next who claimed to be Chan could not afford to go to dearer

now the 3.17 m. vesterday in Den Voeux that there had bren a Ten

wai, and was not disclosed to the establishmanis: but ancy Agreement with the Uppon-

Mr. Silva has asked leave in the solicitor for the Applicants until scene has changed. You see mix-Road Central arar Cleverly Street. Chan Rwni, during the Jus

after the hearing. Involving as ted with them a large propertion The riskshe was ndly stanched. It WRA not event of his arguments Bot beine atrese eeupation.

fraud of men and women, respectably but the paller escaped with alight tu nduge farther evid Applicants accepted. tho thne

does grave allegations and because th Thi evid surented

the discovery was not dressed, elbowing one another in were compelled or forest un accept care before this Court.

Appellant's solici Kwai, asence falls under six heads. Chan the #pponent.

willi argues that the function of this or until after the benzine 1 an endeavour not to be too late tenut

It is clear to me from the above Court being to ensure a determina hear this evidence, but only after for the bowl of rice. They are of the real an adjournment which will enable the salaried class, vainly trying that the Tribunal decided that the tion on the merits

In particular this to cut down the family budget controversy between | this LA

judgment, tenent or occupier was Chan hwaestion

the

parties, all the

thra evidence

Just paragraph. to be translated to by taking meals at one of there and mut the Un lak Co.

should he admitted. On five of the Kenpondents who are not re-enting-houses.

the whom presented. these heads the evidence is such as could by groper dingeter have seriousness of the allegations may been obtained and produced at the not be aparent until they have hearing. In the eirenmstances had ums fully to consider 1. do not think 1 ought to admit Further bearing of the cake WOH

On the sixth bend the nosi-

allourned to Tuesday, Jan. 22, at tion is different: this involves on 230 p.m.

What is the real ground for the Ewant by the Tribunal to make the order sought? It is this: that a teganey agreement was entered

phun sulien from Britan and order was on the dura puntate between the parties.

devastated

of

and Mr. Brooks was lul to the was the sole this belief that

If he (Mr. Brooks? ground. said Mr. Silva, bad thought that the tribunal based its decision also on sa alternative ground, Mr. Brook' attention

been drawn to

I urope, though in vettai cream- Janers, free passages may be ut tered to members of the British arsad futves and their depend A thrid soutie of new um. migrants is expected from an ins have vitation to Britat manuiactuarts tunal's consideration of this at

Chis

At this point, it would be con- viment to menting the position of an Appellate Court on questions of fact.

"

Dow

to And

Readers' Letters

Freedom Of

to transfer plant to Australia and ternative, and should have been Where the question at issue in the given as opportunity to argue the matter fully before a deri sion was given

On an appeal from the decislun

without of the Judge sitting

18 Jury where the matter in question should war of fact, the Court

exerele its jurisdiction as a Tri the tri- PAN

bunal of Appeal on matter of fact

of law 4 well as on matters uroper inference to be drawn from in doubt, the LITE DOL fauls which are Apela Court is in as good position to dreide the question as

Engash caflengue and in the in- Powell

V. teret of sne of the four freedoms The abuse. from the Juden at the trial is.

1035 for which we fought, namely, the Nursing Home, Streatham

of

you Wili speech. A.C. p. 243. is n sufficient enuncla- freedom

the isting

operatives with proposals illustrate the These spot which Australia is tran

The stress is on ing her pulicy. chidien who will readily assing late Australian ways and, saul taneously, every provision will be

This. Mr. Silva argued, was ainoat invariably the practice of the court pre-war and he sul mitred that it was highly desie-

necessary that able and

This D.

B

The Press

Sir. We trust

ttt,

AK Our

1941 Rents!

Eviction Order Granted

An application for evlotion was Tribanal granted by a tenancy vesterday to Tsang Kwong-cheune Drains the Koo Shing Goldsmithe shop. of No. 106 Main

Ground floor,

Applicant's o-manent.

Street.

that the casz was

to appear.. who failed

rent during the Fut Day

made for broadening the base of practive should be adopted lizun of the principles to be sopiled | publish this letter in your columns to abandon my home on December | Li Tung and -Tung Chungmai,

NOT HAPPY

report of

where, as in this case, the findings do not depend on any question a Lo the veracity of witnesses.

And

123

SirThe point raised in your dis loader on the moratorium can be Jacanese occupation and no renta had been paid since the reoccupa- multiplied a thousand times.

For

[ ne thing, I have been tion. An order for eviction was

made, effetive from January 21. presented with a demand for pay-

Hearing was before a Tribunal

a in George She, ment of rent for December. 19411

George lived in Kowloon, was compelled comprising Messrs.

Andher application was muttled for public information.

11. and was looted, naturally, of

Tribunal ibofors

comprising Our paper is one of the low

every stick of property,

When

Tam "W. N. Thomas newspapera

Mesars. # independent Chinese

appronched the landlord in in this het ootany by an expansion of the tribunal.

the Appellate Court is is no worse circulating

Colony. By desire to take over the flat again, Kwok Lam-po and Dr. F

but Tseur On the applicant, Chau Mr. In the long run, M.

La d'Almada salt that

to with- industry.

agreeing Mr. Sika's position if this is to be treated as the word "independent we mean he said it was impossible, he welcomed Caldwell is planning far an a

n decision by a judge and jury: see that we receive no subsidy from

draw the nonlication for eviction. ber 1941, maal stake of 70,000 umúgtants planation because "en the writ

the the same case at p. 250 and 1839 an-body whatsoever and admits since sent his bill for Decem- Kwong-yan,

the opmanent, Weng Chekam, of no control of complete freedom

Of course, I know what to do He bases this figure ten newspaper anually.

THE EVIDENCE

of speech in our columns.

with it. But what In the legal agreed to pay the pre-war monthly $60, starting from the, the British in We are grateful to the

position?

rent of upon an increase of population by hearing of the appeal, it became Yearly Practice at p. 1243.

Now, what is the

Goverment in this British Colony

month of October. It is this: onthly two per cent. per aneum, abundantly obvious to me that

thin ca 07

Lam P'ing Flo's ovulence: "I was for the freedom of speech vouch. leal of which it is sought to your choice of words in dealing

в we desire The with this point was, to say the

to, bal not authorised to enter into tenan-anfod achieve by natural births.

cy agreement. But the tenancy of bring to the attention of the as- the "You suggested," weat on Mr.

to the public, policy outlined reveals a bradth least, not a happy one. of view differing sharply d'Almada, "that certain pertions than Kwai was agreed to by the thorities and

rocent attempt made to restrain "this self-some freedom of speech that of several previous adumais of the written decision were in- Manager, Ku Shui Ting."

Ku Shui Ting's evidence: Ad much projective

we have fought for 60 many anewers by Lam Pipg that trations, and there may be hope cluded an

padding, words which you know agree to the to the Americans yet.

are capable of unfortunate hi-fo in reply to questions put by years and at the cost of so many

the Chairman. Bpt under the cir-lives.

On the 8th of this current have I terpretation.

Bevorni in this cumstances, I thought I had better through the evidence

Chiasso officers in Chinese milit Pausing here for a moment,

OIL THIEVES CAUGHT

iba

Six Сһілевс caught by the case

sumiponed be-

gene

evidence

very carefully, rend the accept Y25.00 than nothing at all," | month, in the morning,

We feel certain

to

INTERESTED.

Government's Shop At Whiteaway's

the people, the Administration, with the co-operation of Messrs. Whiteaway, Laidlaw & Co. is this week offering for sale car- tain government stocks.

sale is being made at Whiteaway, Laidlaws, show rooms and 'consists of common-user goods, inclulling 'naniel' wäre, such

as wash basins, plates and mugi

On sale also. at

police with Ave drums of petrol reasons for the decision by the would remark that had the evid-ary uniforms patrolled the streets With the idea of trying to fill a gap in the household economy of

my of Kowloon seizing issues of our and a drum of lubricating-oll at tribunal and have no hesitationenca stopped chore, then in

other paper from newspaper stands and Teimshatoul, was

Applicants nowsboys and tore those nowe- in coming to the conclusion that opinion there could be no fore Mir, W. II. Latimer yester- those words of yours were an edgelusion than that

must succeed, for up to this point papers publicly. These self-semo to the affect All pleaded guilty and anid that called for and unjust."

Mr. d'Almada teld Coun..et there is nothing to show more than officers thon threatened the sellers The they had found the drums on a

solely because of hill-sions near Far Eastern Methat, he must have realised, as that Chan Kwai became a tenant of our newspapers

hibit our nowapaners any further, tons, Kowloon, St T. C. Hawks, much he did, that the Tenancy

Were it not for subsection 6 (5), falling which, harsher and more

reasonable by-passed was a selection of R.A.SC., testified that the petrol |Tribunal was made up of men the landlord of acceptance that they were not to sell or ex-

that this is prices, are washing and tollet adies' leather hand-bags. Prices and all were of the type issued to carefully chosen for their inte the acceptance of rant an shown drastic action would follow. the forces and were kent at thegrity and other qualities and by the evidence quoted would be

"any imputation, had it been abundant evidence, from which an being done without the authority soups, ladies dress material, were in some cases from 200 to notrof depot at Lai Chi Kok.

Each of the six accused was allowed to stand without correctement could be inferred which and conince of the British au including georgette and volle, 300 per cent below those pre-

very afforded protection against evic, thorities and we ask for the pro-artificial silks and satins, and vailing on the open market. been sentenced to three months hard

would have lon,

The stocks are limited to a Inbour.

much resented by these persons. tion to the tonant. By virtue of tection of a free Government for cheap crockery.

a free people.

There is one further factor to certain degree, but the sale will Arrested by the valles at the and would have been a matter the subsection, however, this is not

In effect, the subsection declares be noted in connection with this continue daily from 9 ain. to officers 12.30. p.m. and from 2 p.m. to Kowloon Ferry Wharf for having for thie court to take up."

乾 that an agreement such as would incident Thess in her possession 20 boxes

ent 4 pm, and on Saturdays from 9 "For these reasons," the confoat the landlord's right to an were armed.

As we understand the present scaling wax and 20 typewriter

Colony.

noon until the goode British am to ribbons, all marked H.M. property, cluded, "I am particularly happy arder for eviction does not arise Cheng Yau was summoned before to hear this explanation given from the acceptance of rent coldly, paition in the

carry In some cases yesterday, fris bir. Latimor vaterday. The ac

a duty are not allowed to be

sent along representatives to Fused said that she used to washby you and I trust the Presse without anything more. This and American officers when not on have been sold out.

The purchase in quantity on behalf for Brijsk soldiers who gave her will give that explanation and something more" may

of their staffa. In future any Why each ordera must be accom-

of "SPECIAL PLEADING"

FD.

athy

of things. It may for arms.

The reason is obvious: be that the landlord had to the tenant remaining in. War is over.

for a certain beriod; it

The question wo ask is;

the Brits au wages. She was the remarks I havė múdo unon stipulation

that the taro these ofDeers at!ll allowed, to paused by a chit sígród by tho,

fined $100 or three weeks.

it the same publicity they gave

to the first hearing.

„TRIED TO GET AWAY WITH MASSIVE DOOR

•

Mr. Silva added that by his

referenco Loprotective pad-may

For stealing six R.AD. waodon ding" he meant to convey what ant should offect cortain repairas carry arms and why, whilist carry-manager of the firm.

and it may be (us expressly pro

wo lawyers call special picvided in the subsection) sequin such arms are they allowed RUSH FOR SOAP-

judgmont

sign-nosta, fivh long poles and a tagu."

Chinedo, throa door. massivo Wong Kau, a juvenile, and Leo Giving Funz were charged before the d'Almada said, in part

THE JUDGMENT

conce by the continued acceptance

conduct themselves in the un- described?"

Bir. of ront after a certain, dato, The Hawful manner which has boon for tollat aoap and was-basins.

One moke?

Biggest rush yesterday was.

circumstance. la each caso would

We appeal to the Government enamel-ware for the kitchen and table also being in stendy de- have to be considered

"SOMETHING MORE and we appeal to the people,

We thank you for the use of mand. The queue was fairly Summary Military Court,la Kow The Judamont: in part, follow

Is there this "something more

your columne and subscribe our long one in the morning but ile- loan yesterday.

crensod toward the afternoon, Applicants In this case geck to

Belves gratefully. In It les Set Cook, R.A.0.0. made the

though a small number of would- In my view there'

The Editors arrest at noon on Jan. 12. near recover certain premises which in the present case

bo customers had finally to: bo they allege were vacated by the On Chatham Road

of the Hwa Shiang Pao turned away, at closing hour wore Lok Co. (to whom they had been the evidence that Chan wni's Firat and third nocused!

and inter still

IAU SZH MU sentenced to sit weeks thard la- let in 19701 some time after the rent was subsequently increanod to

afall of Hong Kong in 1941 An Y90.00 tior- hourouch icona accused,

LIAO MO BILA Juvenilo, Ryz3 non-Howlaga plicants claim that they are all 10-1180.00 Bad bear lon Hospital to Have lila tago ancor-titled to an ovkater order against continued to accapt the rest, of

the opponents when they alloge to Y26.00 per month them, to tainedy

There was only a slight do- mand for Chinoso curled and cronkery and almost completely

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