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THE CHINA MAIL, SATURDAY, FEBRUARY 14, 1948.
ELLIS APPEAL DISMISSED Tenancy Tribunal's Decision Upheld. Bowen Road House
Eviction
Road-Hog's Licence Suspended
Case
An appeal by Mr. Fred Ellis against the decision of a Tenancy Tribunal in favour of Mrs. Mun-
EVICTION ORDER
slow (Mme. Kovach), was yesterday dismissed MADE
by Mr. Justice T. J. Gould (Puisne Judge), who said that it had been held that Section 5
An order for eviction (1) (a) of the Proclamation was wide enough
was made yesterday by to give a Tribunal power to evict trespassers Mr. Justice F. H. Wil
SNATCHING CASES AT HAW PAR MANSION
"It's so crowded here there must be plenty of pick- pockets, Let me do something to get some money, 30-year-old L. Yau, ex-worker at Taikoo Dockyard, is alleged to have remarked when he and 24-year-old Li Pui visited the Haw Par Mansion last Thursday afternoon.
This was revealed at Central) of a man while travelling in the
Саня епmpartmerst Magistracy, yesterday when both 3rd.
of a appeared before Mr. 1.6. Con- tram on Thursday. kin charged with stealing from Teung Kwai, and aiding and abetting.
months hard labour for the lat
Det PC 71 who was behind the vletim. hearing the alarmt, seized defendant, near whose feet the purae was found lying on the floor.
Girls In ไก
the 12-year-old grandson in Fight
de
A road-hog who was
Convicted by Mr. Ccaklin, Li Yau
WIN Acht meed to Kix "trying to save a cyclist from an accident" was
and the fact that the trespasser was the owner
liams (Chief did not deprive the Tribunal of that power.
Justice), ceny of a gold ring, and Li Pul fined $100 and had his
against Cheng Yuk-muito four months for aiding and
abetting. licence suspended for
The appeal was the outcome He quoted several auth:rities and other occupiers of three months by Mr. W. of a Tenancy Tribunal granting in support of his arguments and 263 Hennessy Road, 1st that she was walking with her Taang Kwai told the Court Dec. 15, 1047, an H. Latimer at Kowloon
cviction nid Bat a landlord must con- rder against Mr. Fred Ellis tr
fol with
rights floor: comm'n law yesterday.
respect of Bowen Road, Ground The motorist, whose
story Flour, on the application of Mr. must give notice determin-
ing the tenancy. WAS ΠΟΣ believed, was Chan Munslow, of Salan de Mode,
Mr. Griffiths said that the op- Kam-put of 11 Hunau Lane. Alexandra Building
pellant did not enter second floor.
the pre- a
mises by stealth, by force or by Khreat. Seeing the premises vacant, appellant toolt possession and that was not unreasonable.
The appellant claimed posses- whole slom as landlord and the cntention was that the tenancy had been abandoned.
*
by
Describing the incident as
Mr. P. J. Griffiths of Messrs. dangerous practice and sheer Wilkinson & Grist appeared on road-hogging, Traffic Sub-In- behalf of Mr. Ellis (appellant). spector Donald Brown Informed
Mr. Munslow (respondent). the Court that about 4.15 p.m.
was represented
Mr. J. M. on Jan. 14 when defendont was
D'Almada Remedios driving his car stong Talpo Rond towards Kowloon,
Mr. Griffiths and that his first motor-cycllst. Lam Kwok-keung contentin was that the Tribunal attempted to overtake, Trce had no Jurisdiction to make the attempts were frustrated by
under under the Proclamaticini, defendant moving his car over
The appellant, who was land- to the right, said TSI Brown.
On the fourth try. Lam man-
lord the premises and the re
the tenant, aged to scrape through a space spondent, who was of 18 inches left by defendant's | paid her
advance und rent in
Colony car. After passing the car, Lam then left the
for some attempted to stop Chan but considerable tline. The exact failed.
termination of ber stay away was open to dispute and had been disputed.
Before going away, respondent thene of entry by appellant. He let the premises to a sub-tenant theref.re trespassed by his en with the consent nf the thenry, even if he was unaware of inndlords (China Underwriters) that efftel.
Mr. A. L. Fisher of the Hong Kong Telephone Co., who WAS in a car behind and witnessed the whole incident, managed to overtake defendant, at the bot- tom of Taipo Hill, reported the matter to a traffic Inspector.
TS Brown went on to say that defendant explained his action as an attempt to "save the cyclist from an accident." **Thla." said TSI Brown," clear ly showed that Chan knew per- fectly well that he was stopping Lam from passing."
Personalia
•
אי
The sub-tenancy created pired previous to the return of he rep ndent to the Colony and the landlord (appeliant), entered Into possessiun,
The nid of the Tribunal was
under Secalon
then sought, (1) (a) of the Proclamation, for an order for eviction against the landlord.
Right To Enter
Chung Yuet-kin, administratrix fendants snatched hold of her Kowloon
between a
Chinese
Mr. A.S.K. Lau appeared for How Par Mansion when of the estate cf 11 Wan-on de- hatid and took away the ring on She caught hold of ceased, plaintif. The defendant her finger.
A fight Cheng Yuk-mul, was not legally Yau who took off the ring girl, a Spanish giri and an In- represented.
and attempted to pass it to Lidian girl outside the Red Lion Pui when held,
| Inn, Hankow Rond, at 4.10 pan. on Feb. 12, had, as Its sequel, Not Enough Money the appearance of Bung Hing (21) and Rosita Santos (18) be- 1 Pai sald he was badly as- fore Mr. W. H. Latimer yester- saulled by the woman and some day on a charge of disorderly
He denied
any behaviour. pedestriana,
The third girl, Chetu Blbl (22) knowledge of the theft and ask.
The plaintiff claimed that the defendant committed a trespase on the 1st floor of 263 Hennessy Read, without the consent of the plaintiff. On Dec. 15, 1947, the plaintiff, through her solici- tors, write to defendant requir. ing her to quit and deliver up
Dimissing the appeal, Mr. Justice Gould suid in part:
"This appeal against an evic tion order made by a Tenancyssession of the said premises. the Magistrate to investigated not appear and had her ball
The defendant failed to comply with the request contained in his Ietter and had refused to movi put of the premises.
Tribunal grounds.
is
"As to the first ground, I hid that on the facts as accepted by the Tribunal, there wis a com mon law tenuncy existing in ta
the respondent at the
insed on four
vostr of
"It has been held in this Cour. that Section 5 (1) (a) of the proclamation is wide enough to Tribunal power t evict give trespassers. The fact that the trespasser in the owner does not deprive the Tribunal that power.
The second ground of appeal has been aband ned.
The defendant claimed that she was a co-tenant of the pre- mises with one Robert Young, Who had left for South America.
ketown.
the matter thoroughly before convicting.
LA Yau, zaying that be used to work at Talkoo Dork hajore
that he had the war, asserted enough
hin money family.
Two teen-agers, charged with were given
not
for
The other two of. $50 estreated. defendants were fined $25 or fon days imprisonment each.
At 4.10 p.m. on Feb. 12, said Inspector J. Orem, Pellee Laner Cpls. 678 and 1382 saw Hupg Hing and Rosita Santos fighting tell them to "pack up." outside the Red Lion Inn. They which The exact date of Young's re-similar offences.
they did. turn to Hong Kong was not eight strokes and four months'
Chetu Blb then came on the hard labour each.
scene and, according to Hung Nineteen year-old Mr Justice Williams made au
Kwon Hing, begun to use obscene lan- order for evictions on or before Chuen, who snatched a handling, guage. There was a grand melee
articles and cash and the Apr. 1. 1947, and awarded the containing plaintiff, by way
of damages, worth $20, from So Wai-hang a girls to Tsimtsatsui Police Sta- the sum of 3000 such sum to be she was walking at Chung Santion, paid by the defendant by Mar, Street East, at 3.50 p.m. last 1, 1947. In the event of the de- Thursday. fendant falling to make suchyards away.
| payment by the time stipulatesi. the plaintiff will be. at liberty to apply.
Defendant was also ordered
Waa arrested 200
Potice took all three
U.S. Air Interest In Lisbon
Tram Case
Siventeen-your-olg Chan Yuen
Lisbon, Feb. 12. to pay a sum of $50 per month hatched a gold ring, valued at to the plaintiff by way of rental No. 116 Electric Road, but was
$20, from Tung Slo-lin, of Lieutenant. General Hcyt up to date of vacating the pre-en and arrested by PC 248, Staff of
Vandenberg, Assistant Chief.of- mises, as well us costs of the
the American Army near the Haw Par Mansion at Force, who arrived in Portugal action.
3 p.m. last Thursday.
this week on an official vlait, to- Another teenager, Yip Kwan- day had a long talk with Dr. nan, was remanded for 34 hours Aulonio Salazar, the Premier. ponding further inquiries after General Vandenberg is the Mr.the arrest of two more persons, second high American air oilleer place for allegedly attempting to steal' to visit Portugal within the last a purse from the trouser pocket three weeks. On January 21,
Funeral
"As to the third ground, up The following have arrived
The only question was whether pellant cannot avail himself af by BOAC "Speedbird" flying
landlord should have the added rights under the Ordin bout from the United Kingdom: the
possession;nce and at the same time deny Messrs. A. J. Goodman,
right to enter into H. Langstreth, D. E. Murphy. E. S. if it was a question of trespass.ded rights to respondent. If Faure, C. F. Most, D. E. Grey, the respondent should have sued he wished to take advantage of those rights, he should have dis W: M. Emsile. Miss P. West, at law.
was bona fide continued proctedings under the The appellant Also aboard the aircraft from
of his own Proclamation and started again Bangkok were Mr. R. T. Relf claiming possession
promics and the case must be under the Ordinance, a course and Mr. D. Th, Sherard.
distinguished from that of une which is still open to him.
"In regard to the tenant claiming against another
furth The funeral of the Inte Two promotions were an
ground of appeal, I hold that the Lytton Bevis Wood took: Cenant, unced recently by President-
On the evidence, it was quite grounds of opposition were nt before a large gathering at the George Killica of American clear that the respondent went sufficient to constitute a valid Col.nial Cemetery yesterday President Lines.
for a considerable time notice to quit. Leland
Christensen, after paying P.
"The appeal is therefore dis- veteran of 20 years with the but she left no proper represen-missed with costs at $150." Company has been appointedtative.
"Mr. Justice Gould also made General Agent at Seattle,
Under Section 91 of the Land- an order for possession within Henry L. Becker, who joined tord and Tenant Ordinance, the 30 days from yesterday. APL in 1939, has been promot Tribunal
to empowered
awby
advance, rent in
ed to Assistant Operating make an order in favour of a Manager in charge of mallandlord where #he premises Lenance and repair.
were required for his own usc and occupation, In the grounds The wedding of Claro Larry of opposition, It was stated that Hernandez, musiclun, 12 Gran- the landlord required the pre- ville Road, Kewloon, to Marina mises for his OWA use and Ignacio, 11A Granville Road, occupation. Kowloon, touk place at the Supreme Court Registry yester
J.
day in the presence of Mr. Babida and Mrs. Lorenza Vilela.
He Picked February
Evening.
Typewriter Theft
The Bishop of Hong Kong, the Rt. Rev. R.O. Hall, assisted by the Dean, conducted the funeral
Three months' hard labour service at St. John's Cathedral.
Wreaths sent included thos: was imprsed on Chen Ching- from Mr. & Mrs. G. R. Riss, Mrs. |ching, 21-year-old
R.
clerk at
Lieutenant General Curtis Le May, Chief of the United States Army Air Force in Europe, ar- rived in Lisbon-Reuter.
WOUNDED ON BORDER
►
G. M. Strather, Rac & Ronhle Kluge and Co., when he appear- Ross, Mr. H. da Luz, Mr. & Mrs. ed at the Central Magistracy G. W. Behrman, Mr. & Mrs. R. yesterday before Mr. F. X.
Allegedly shot at by a Chinese Chairman Pearson, The
& l'Almada on
charge of Customs patrol in Chinese ter Members of the Canton Club, larceny of a portable Royal ritory near the frontier, two men' Mr. & Mrs. M. Hodjash, The typewriter, the property of his were admitted to the K:wloon American President Lines, Ltd, employer.
Hospital on Thursday for treat- Mr. & Mrs. P. H. Rathsani, the Inap. H. Moran, prosecuting, ment to bullet wounds. Foreign Community of Canton, Raid defendant had asked for Glinan &
Co., Ltd., The Cor money for the New Year Hell- reached the hospital at 4.40 p.m. Twenty-eight-year-old Lo Hing whporation of Lloyd's, The Canton day and on receiving $50, left with a bullet wound in the right Club, and Mr. & Mrs. E. D. Law-the office and did not return un- forearm, Wong Ju-ku, 35, follow- rence, Staff of Deacons & Ltd., til January 11 and in the meaned later with a Mr. & Mrs. Luoong Slu Chor, Mr. time the typewriter was found arch between and Mrs. E. A. Stanton, Mr. and to be missing. Mrs. H. Staple Smith.
The Danish Consul and the Norwegian Consul were among those present.
"He seems to choose February for his activities," commerted Although the grounds of Mr. W. H. Latimer when inform opposition were filed before the ed by Inspetor J. Orem that passing of the Landlord and Weng
Koon-ying (37), Tenant Ordinance, it was in force pleaded guilty to snatching at the time of the hearing before purse from Lily Poon, was con- the Tribunal.
victed for a similar offence in It was therafore contendeil, Feb. 1946 and Feb, 1947.
Readers' Letters
Well, Well
Gloucester Hotel arrivals yes terday included Mr. R. Lemoult.
Left Repulse Bay Hotel yes-on the authority of Section 14 Wong was sten by a detective terday.
of the Interpretation Ordinance, taking the purse out of com Mrs. T. M. Milne and her non, that the Landlord and Tenant plainant's pocket while she was Hong Kong Holel arrivals | Ordinance
must be read and waiting, with a lady friend, for yesterday were Mr. Arther construed as forming part of the bus at Nathan Road. Parry. The departures included | Proclamatio
The purse was found in his Mr. and Mrs. Y. C. Wang and Even if the Landlord and Ten-jacket pocket, and identified by Mr. D. Cumming.
ant Ordinance was not available complainant who, until then, Mr. Roy Farrell Mr. Yu Po and the question was solely to
was unaware of her ks3, Hus Capt. L. Moore Mr. Yu be considered under
Sir, in today's paper I noticed the Pro, Defendant was sentenced to
that, a Chinese Was Kumironed in Slong Ngo Mr. Chua Poh left clamation, then the Tribunal year's hard labour and recom-Court for for Manila by C.P.A. plane on failed to direct its mind to the mended for banishment.
(a) driving withouficence, Thursday.
claim of the landlord for posses-
(b) dilving without due care and sion for himself.
A meeting of the Council and Question Of Law Executive Committee cf the (e) Replying. Mr. Remedics said Hong Kong Anti-Tuberculosis to possession that on a question of law, the Association will be held on Fri- of 17 taels of raw oplum, Chan appellant wos precluded from day, Feb. 20, at 8.30 p.m. at Yang (20) was Aned $1,700 for
point of want of Medical Headquarters, five months' hard labour) by Mr. Taling the
jurisdiction by the Tribunal in Kong and Shanghai Bank W, H. Latimer yesterday.
The drug was found in rubber deciding the case, shoes accused was carrying when
OPIUM IN SHOES Picading guilty
he arrived by train at 9:16 ́ pro.j on Feb. 12.
Reminders
Today
HK. Football Ansociation Dinner
In hontur of Shanghai Inter- port Football Team, Roof Gardos, H.K. Hotel, 4 p.m. Chinese New Year Party, Chi- noso YWCA, Duddell Street, a pan.
St. Valentine's Day Dance, Po-
L
lice Gymnasiten, Central Palice Station, 8 p.m.
Film Shows, “European YMCA,,
8.30 p.m.
Coming Events
TOMORROW
Ing.
(d)
a vehicle without the permission of the owner, and
falling to
to report an accident.
The last charge seemed
4o be the
most serious, because the Magistrate. Hong Mr. d'Almada, after fining the per- bulld-ven concerned $630 remarked "Failing
to report an accident is #erinu offence."
WELL, WELL, WELL-
„SHIP ACCIDENT
Janne Hoakdenson' of the 88. “Nagara" lying alongajße: Kowloon Wharf, was admitted to the Kowloon Hospital at 4.15
JUDGMENT GIVEN AGAINST F.E.A.T.I. Judgment was entered yesterday by Mr. Justice pt, yesterday suffering from E. H. Williams (Chief Justice), in favour of what is believed to be a fractur. The Hong Kong and Canton Export Co., Ltd., sustained when Hankdenson fell (plaintiffs), in their action for damages on an engine block on board the against The Far Eastern Air Transport Inc., steamer. (defendants).
As to the amount of damages, that deferidants be heard on the the defendants were granted ↑lasve, of damages. The applica-, Joave by Mr. Justtier-Williamstion was granted,
to be heard on this igauo at The plaintiffs, who are repro 2.30 p.m. on Mar. 3, 1948, Jaented by Mr. H.G. Sheldon; K.C. instructed by Mr. F.S.C.
ed left thigh. The injury won
WHAT? WHEN? WHERE?
the haut.
Memorial Service, for Gandhi,i When the case was com Brcoks of Herara. Hhatings & Sikh Temple, Gap Road. menced on Thursday, defen-] [Co., elalshed dumingés to the ex- America Mixed Doubles Tennis, danta were not present Intent of $187,072 for breach 677 Tournament, Kowkton Crie Court or legally represented, an agreement dated Jan. 41 ket Club, & pan. ***
hut yesterday the Hồn, Mr. Leo| 1047, whereby, plaintifs were: Extranodinary General Mesing, d'Alinada a f tô, KC, in appointed defendant's agöhla ip: of Islami pulon, Kphams Wireisid - by Ma. T. Zlemmern, Hồng Kong "in equinection" with; meday. Cemetery.
opretted on their behalf, and an af, line, oporuten berthe defi 32312 0824354 appólód, in chambers, for leave | Condants.
"Valley,"10,20′′ air.
1.
wound
the
in the
thumb and first finger of the right hand. On the Police making lu-He was not detained. quiries, defendant admitted tak- The alleged shooting cccurred ing the machine.
Jut‚0 pm, on Wednesday,
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