1947-01-29 — Page 2

Page

Paga

WOOL

THE CHINA MAIL WEDNESDAY, JANUARY 29, 1947.

EMPLOYEE'S FREE LODGING

BAUTIFUL Tenancy Ends With Finish Of Employment

has natural elasticity

Ruling By Court Of Appeal

fi

ROTARY MEETING Queen's

Hong Kong Rotarians and their friends were yesterday treated to an exhibition of miniature paintings by Mr. Alexander D.

professionals.

It does not, however, necessari-

live in by liis employer, Mr. that appellant was that

B. R. Iranee, under an employ- ment contract: "

never

When his employment ter 1-is argued that the of saying that a person can reme

have

Theatre Threat Case

de-

by!

В

The question of whether an employee who was ruskea at their weekly luncheon,

"given free lodging by his employer under an and to a talk on the history, : employment agreement could continue to oc- growth and technique of the art. cupy the premises upon the termination of his The speaker was thanked by Dr.- employment, was decided by Sir Henry Black-Herklots who said the subject was

Charged with all, Chief Justice, and Mr. Justice T. J. Gould appealing to both amateurs and at the Full Court of Appeal yesterday when

manding $15,000 written judgments were delivered in favour those services, the possession is menaces through of the employer.

that of the servant, and he is in threatening letter sent The appen was lodged by the opinion of the Tribunal, dogs the position of tenant".

by post to the manage- Mr. J. P. Mahuvawalla after not bona-fide claim" possessinu Important Words ment of the "Queen's Mr. Justice E. H. Williams had under a landford or his predeces-

For in title. earlier afarmed a decision of enquiry into the existence of the lant was a tenant at common law, kee, unemployed, was As this involves any follow that because the appel-Theatre Chau Chung Tenancy Tribunal ordering him relationship of landlord and ten- to leave the premises, No. 52, ant between respondent and ap- templated by the proclamation, yesterday committed to

he was a tenant of a kind con- Wyndham Street, second floor, pellant, it will be convenient first The important words are "under a the Sessions by Mr. H. G. which was provided for him to to examine the contention of the Landlord" which make it ear Sheldon at the Central

more than a more consee.

resiit Magistracy. This is on the use, in

based

Inspector Sell said that on Nov. eviction under the subsection pro- agreement, of the word

vided it is shown that the rela-15, 1945, Mr. Lam Ming, manager tion of landlord and tenant does of the Queen's Theatre received minated, Mr. Mahuvawalla re of the respondent would fused to leave, contending that been fulfiled by the provision of (or at a material time did) exista letter demanding $15,000 or suf-

between the his occupation of the flat was a mere room in a boarding house landlord is not a party, then be by bombs. The money was to be the fer damage to life and properly Parties or, if

or even a bed not necessarily for the purpose adging" could have been chanki ponent. This relations iad con the main entrance of the Nathan

space; that the

tween the landlord and the 98 handed over on Nov. 17 to a per-

1 con- of his employment.

ed from time to time at

the

sen holding a bunch of flowers, at of the respondent. It is, I think, sider, must be one of n. probable

and recognised by the

involves could. within the terms of the study of the Iroclamation with a agreement, have provided lodging view to ascertaining whether the which would have been no more landlord and the tenant are of a than 2 licence, but what it is

skind so contemplated.

tha A party of police, en. Dec. 1, clearly within the de- went to Room No. 310 Tal Tung landlord is did do. If he interpreted finition of that term, it remains Hotel, and there found defendant. H. Loseby, appeared for Mactual o look at is what hel Iranee.

his obligations more favourably only to examine the position of During the search a threatening Terminology

towards the appellant than he

the tenant,

letter addressed to the Queen's definition need have done, that does not

of "the

word Theatre was found under a pillow. after the fact that he

provided

"tonant" appears in Article 1 of

Defendant was taken to the A number of authorities under premises in the nature of a fat, the Proclamation which, however Central Police station and subse- the English Rent Restriction Acts and it has not been contended, on does include definitions of the equently requested to write a let-

part of the respondent, that pressions "Principal tenant" and the cited by counsel .but assive

possess an WER not "Sab-tenant". The word is never-ter which he did. The writing tion 15 of 1945 differ in some given. As the existance of ex-theless used in several places by the manager of the Queen's 1

in was compared with that received material respects from the Eng clusive possession is the general the Proclamation, generally in a Siah Acts, these decisions have and acknowledged test applied to context which shows that it was and Prof. Mr Kiam and Inspector

a limited application. The distinguish

lease or tenancy regarded as equivalent to "Prin-Morrison, of the Finger Print estion

before

Court is a licence, it follows that (so tenant"

in Bureau, would' give evidence" SYDNEY (AUSTRALIA), MANELA (PHILIPPINE ISLANDS), the fact that the spinel- fan at least as this distinction is Article 6, it obviously includes that, in their opinion, bout letters lant was provided with free lodg- concerned) a tenancy of some sort both "Principal and "Sub-were written by the same hand. SHANGHAI CHINA) and LONDON (UNITED KINGDOM), ing as part of his remuneration did exist. The fact that it might tenant"." I think that the only Evidence was given by So TIDE. gives him profection under the have been terminated and re-inference that can be drawn is who stated that he came to know Landlord and Tenant Proclama-placed by some thing less at any that the draftsmen considered for accused on Nov. 19. By arrange- tion and the answer to this de- time does not affect the position. the purposes of the Proclamation. ment, he went to Room No. 310 pends upon the terminology

that every tenant must fall into that enactment

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INSPECTION CORDIALLY INVITED.

In the Full Court of Appeal, Mr. Mahuvawalla, was repre- sented by Mr. Leo d'Almada e Castro, instructed by Mr. M. A. da Silva, while Mr. B. A Bernacchi, instructed by Mr. F.

In his judgment, the Chief Justice said:

have

relevant parts of Proclama-

the term

that the respondent prmation, which

*

As

Hotel, Kowloon.

The police were informed and party lay in ambush, but no person turned up.

and

one or other of these two classes, at the Tai Tung Hotel on Dec. 1 point to be considered The argument for the appellant each of which is, by definition, at 12.30 p.m. and waited for him is whether or not "rent" in Arti- was that he did bona-fide claim composed of persons

When accused came who pay till I p.m. cle 1 and other Articles refers under a landlord; that the worl] rent,

he was told to go and purchase only to money was not restrici in the proch nation, it must be

At Common Lawtenant not having been defined Payable In Money writing paper and an envelope, letter to the Queen's ed to pecuniary rent; tenancies given the meaning it had at com-Inetude services, it has been held and that, defendant, was going to

While rent at common law may write a by way of services were formerly mon law; that the words "hona that in the English statute which Theatre. On his return .accused very common. It has been held. fide" must relate back to his ori- most nearly approximates the proceeded to write on the paper however, that under the Rent

Rent ginal possession and not to the Proclamation, namely the In- with a pencil. Accused placed Restriction Act 1920, the

the term breach of any express or implied eren "rent" applied only to pecuniary undertaking to quit the premises/crease of Rent and Mortgage In- the letter in the envelope

terest (Restrictions) Act, 1920, was about to seal it, but there was tenancies (Harnsby v.

upon his employment being ter the term rent means rent payable no paste. Witness suggested that (1325) 1 K.B. 5141 and I I think minated. I am in full agreement in money and money alone. accused ring for the boy to bring that having regard to the provi- with

this Inst contention-any Furthermore, the

essential ob-some. This he did but the police sions of Proclamation 15 of 1946, other construction would render ject of the Proclamation is to pre- came in instead That was a pre- the term rent in the Proclama any tenant liable to eviction after vent general increases in rent arranged signal." tion should be so interpreted.

due notice to quit. that upon the facts of this case, sidiary to this and is provided for, agree also the prevention of eviction is sub- appellant was in the position of in my view, because it would a tenant at common law. I do not the taeaning of Article 1, and think it necessary to recapitulate differit, if not impossible, to other formal evidence, aerused.

object of the Proclams was committed for trial the mout the authorities quoted upon this tion

But the inten- point--they are, I think. accur- tion of the Proclamation

jon would

2100

As then the appellant paid no rent, he is neither

Principal Tenant nor a sub-tenant within

since every lenant must fall with in one or other of these categories, It follows that he not a tenant. How then can be "buna-fide claim possession under a landlord”?

"Too Wide"

ager of the Queen's Theatre, and

After the evidence of the man-

1

ately summarised in Hailsham not be defeated by eviction in the High Cost

Vol, 20 p. 13, para. 8. "The test few cases parallel to the present,

to

is whether the occupation is sub-particularly as in most of them servient and necessary.

the the likelihood is that the evicted As to this Mr. d'Almada urged service.... Bai where the eccu- tenant will be relaced by another that the object of the Preclama-pation is allowed solely as re- employee of similar terms,

muneration for services, tion is to protect all persons who not related to the performance of and is entered lawfully into the posses sion of premises and he argued that since the ampellant's original possession of the premises Was by virtue of his employment and consequently lawful, he comes within its

ms. I think this terms. interpretation is too wide, for it gives no effect to the words "un- der s. landlord" in para, 1 (a) of 5. and those words, in my Article view, indicate that unless a person has a bona fide claim to posses sion arising out of the relation of landlord and tenant, he

may

by evicted. The fact that his pos Gession is lawful in the sense that he is not trespasser or even that he resided in the premises

At the conclusion of the in-she was questioned by both under the terms of his employ-quiry, the Coroner returned the husband and mother-in-law, ment, is not enough.

verdict that "Death was due to but said "Don't ask me" when

with costs to the responent,

The appeal should be dismissed

Fortune-Teller Told Her Of Death

The circumstances surrounding the death of a 27- year-old married woman at 11 a.m. on Dec. 20, four days after an abbrtive suicide attempt, were related to Mr. W. H. Latimer, sitting as Coroner, by S/I Sullivan of Ping Shan Police Station at an inquest held yesterday.

rision of the Tribunst was cor- direct result of an attempt to ed suicide.

In my view, therefore, the de-natural causes, which were the they inquired why she attempt rect in law-and, I might add, con- commit suicide while of un- sonant with reason and good sound mind.",

Bense.

I think the appeal should be dismissed with costs,

"Lodging"

Mr. Justice Gould, who concur-

red, in his judgment said:The

order for eviction

Man Ping-lia, the deceased, Tang Kam-yau, husband of

awoke at about 8 am, on Dec.

Allowance Lowered

A reduction in the Rehabilita- Lion Allowance for February and March, 1947, is announced by the Labour Officer.

The average of the Food and: Fuel figures for the nine weeke ended January 25, 1947 WAN $11.0752

The Rehabilitation Allowance,

day;

says the statement, will therefore for, the months of February and March 1947, being on the scale of 1 and less than $13, be: Daily Paid Artisans $2.60 per}

Coolics $2.10 per day: Females $150 per day.

Monthly Paid Male $72 per month, Female 151 per month

The food and fuel costs for the week ended January 25 was $13.1330, an increase attributed to the Chinese New Year period.

At about 1p.in. on Dec. 19, Dr. Tang was again sent for wife sweating freely. when the husband found his was no evidence of disease.

Her The neck was not fractured. temperature was 102, and her Sections of the internal or

the bed. In the kitchen, he camphor injection was 16 to find his wife missing from pulse was very weak. Another gans were sent to the Govern

gives, ment Chemist for possible.

found her hanging by a piece and the family was again asked poisons, said Dr. Alvares, and

Para. 1 (4), of Article 5 of the

is of red cloth, her feet about to refer the case to the Un the report received from that Landlord and Tenant Proclama eighteen Inches from

the Long Public Dispensary for official stated that "no identifi- tion, No. 15 of 1945, which give: ground. He untied her, went further treatment. Half an able poison could be detected in. power to evict any person who, in next door to call his mother, hour later, Dr. Tang was in the post-mortem materials."

tyho gave the wife a cup of hot formed that the woman had Whether death was due to tea, while the busband ran to regained, consciousness." Hang Mei Village to samman

Readers' Letters

Invites To The Troops

kelp:

roma, cyncope or shock due to No Polson

exhaustion could not be des The husband, sald B/I Sull-termined, said witness. It would Here he saw a Dr. Tang Chi-yan, consulted a Chinese her. not have been inconsistent with wal, graduate of Sun Yat Sen ballat

who prescribed tree natural causes.” University, Canton, in western roots water, which the husband In his testimony, Tang Kam- medicine but not registered. In dulyboffed. At 11 am. on Yau stated that he married Hong Kong. He implored the Dec. 20 she died.

about seven years ago, and, that doctor to save his wife. Dr. Dr. RE. Alvares testified the relations between his wife Tang' accompanied the distract thut, at an autopsy on the and himself were very good. Bir In reply to Britished husband to Hang Tau and; body, showed the woman to be about two years ago his wife Captain's letter

in today's after examining the woman, well developed and well nourish complained of pains in the "China Mail" there are civilians gave her an injection of cam ed. The lips and nails were chest and would at times, be In this Colony who are pleased her in water (1 amp.) told cyanosed. Counter-irritation of colour for a couple of days.

to have troops to their homes the Inmates to get another marks were over both angles of recently, however, she appear- If your correspondent cares to doctor and to notify the Police, the lower jaw, left side of the cd in good health. visit the Cheero Club in Queen's as he was not a locally regischet, and the buttocks. The Also about two years ago, Road Central any morning betered practitioner, de mo faint mark of a ligature was witness went on, his wife con twoen 11 and 12.30 o'clock he Deceased's husband, on present on the nec, carving up sulted a fortune-teller who said will find a Tady there who will tinted 8/1-Sullivan, Tollowed both sides. The organs were she would die by hanging at willingly, try to make arrange the doctor home and was given congested and the left, ling the age of 21. At the begigolag ment for any of his men to two grammes of Caffien-cit and showed signs of old-standing of last year she asked his pers visit homesi sono one dose or digitalis. On the neurlay" Lound worms were | miesign; to enter a pungery,

--BRITISH CIVILIAN. Woman recovering conciousn Tound in the Intestines. There This he refused,

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