1948-05-11 — Page 4

Pago 1

CLASSIFIED ADVERTISING

[20 WORDS $2 FOR ONE INSERTION PREPAID. -$1 FOR EACH ADDITIONAL INSERTION, ADDITIONAL WORDS in CTS, PER WORD PEI INSERTION.

$2

so

WANTED, KNOWN SALE?-It will not inst hurry to Bond Street W1, fot Clothes and Accessories Distinction. Suite 302. Hony Kong Hotel. Telephone 30281 Ex. 302.

<[

MEN's Hardwearing Medium Trousers at Flannel Gry

1$4.50. 22/6 Bargail Price. Rs 15-7, S.1.9.42) Post Free. full Waistband. Extended

LAMMERT BROS.

Auctioneers, Burveyors and Appraisers,

Podder Building. Telephone. No, 20234.

PUBLIC AUCTION

POLICE NOTICE

The attention of all Learner Motor Drivers Is directed to the following condition which, is to substitute paragraph.3 of the conditions al Learner's | Licences:—

3. The Learner may drive only on the roads and at the

stuted below:-

The Undersigned have receiv-times ed instructions from The Suptg. Naval Store Officer, H. M. Naval Dockyard, Hong Kong to sell by Public Auc tion on

THURSDAY, 13th May, 1948

commencing'ut 9.30 a.m,

at their SALES ROOMS, Pedder Bldg. Basement.

HONG KONG:

THE CHINA MAIL, TUESDAY, MAY 11, 1948.

ST. FRANCIS HOTEL CASE

Appeal Against Eviction Dismissed By Court

No Reasonably Arguable Defence

(a) King's Road between Elec-

tric Road and Taikoo West The appeal by the St. Francis Hotel (1933) Ltd., up-

Gate between the hours of

a.m..and 8 p.m.

(b) All

the between ronds hours of 6 am and 8 a.m and p.m. and i p.m.

KOWLOON:

Rond (a). Clear Water Bay

from Tam Kung. Rond to Kun Tong Road, Kun Clear from Tong Road Water Bay Road to the Royal Air Force Main Gate Kai Tok Aerodrome at between the hours of 81 a.m. and 8 pm.

A LARGE QUANTITY OF SURPLUS STORES. FURNITURE, W/T SETS, VEHICLES, AND VEHICLE PARTS, ETC: comprising; Old Canvis, Old itubber, Old Leather, Asbestos, Lamps (various), Tools, Elect- ronic Scrap, Binoculars, Plat- Wireless Tele- Torsing Paper, (11.22.raphy Unis, Motors, Blowers,

Drillers, (b) Generators, Electric Reflectors, Electric Hot Plate Electrical Waggons, Various

With

Pats, slanting side pockets,

Side straps neu 11ip Pocket

tive waist r belt loops. and, inside menstrements, Mary Back Guarantee. 1051) Orders, send 57- depawit. FEARS Wholesale

1846) (Estel. Bod 8. England.

Dept.

REGULAR supplies of Ameri- can leading magazines: --Ea

Look. Mademoiselle, quice. Glamour, Vogue. Life (Domes

Write PO. Box 1481 11), l. for ervation, CARPETS & RUGS-Genulrue king and Tientsin, lovely drags and sokarins, varlis sizes. Come and inspect at 'The Rug Co.. Kayamally

• China Building, 4th Floor (Opposite

Queen' Hong Kong Hotell Road, (*.

PX-

HUGS mamífacturers and

Tientsin porters 14king and Curt and Itons, Onders taken Carpet repairs, Pohai, Hu

Sales OI- Temporary fice Room No. 8 Lucky Apart- ment, corner of Hankuw Priking-Road-Kawulous.

Cu.

Ointit.

Summer FOR YOUR

evening HOWS, aftorturen

In MISS NAYLOR, consull her attractive new salom frocks NATURAL by scen DAYLIGHT. ROOM 500, 11

TIN CHUNG FLOOR BUILDING. Des Vorux Road

Opposite Dairy Farm).

FITN

ENTIRE WARDROBE require. ments in the latest shades and distinctive fashions, very al- Hollywood -priced. tractively Store, 106. Melbourne Hotel.

CLASSIFIED ADVERTISEMENTS- --

MAY BE BOOKED AT THE SWINDON

STORE, BOOK

2 Nathan Road, Tel. 59327

ronds

between

the

pellants, against an order made by the Chief Justice in Chambers 'an Mar. 24, 1948, that the Hong Kong Land Investment and Agancy Co., Ltd., respondents, be at liberty to sign final judgment against appellants, was dismissed with costs yesterday by the Full Court compris ing Mr. Justice T. J. Gould (Puisne Judge) and Mr. Justice J; Reynolds (Appeal Judge), Under the final judgment to be signed, possession of No. 13 Queen's Road Central, now occupied by the appellants, is to be given up to the respon- -dents, who intend to pull down the existing bullding and to erect on the site a modern ten- storied structure.

The

which finished early on the socond day of hearing, he stated that he was willing and prepared to give a summary of the grounds in support of the application but counsel for the appellants stated thut such a summary would not the cure the patent defects of

It is difleult to see proceedings. Seven if there should have a potent defect, countal should have refused this offer The consider himself to be handi- the of 'capped for the appilention.

Ignorance by grounds Chairman of the Tribunal then initiated, very properly, that it be the Interest of the public rather than the

which would be one of the guld- the Tribunal. ing principles of The hearing

of the appileation scrupled seven days (or portions thereof) spread over approximate- ly one mouth; evidence was exiled by both respondents and appel- lants and counsel on both sides made lengthy submissions on the merits. The Tribunal decided to

subsequently made an exemption for and the Governor-in-Council The present, action was order. brought for possession of the pre-

Discovery

Now interest of either

EXPLORER'S SON.

ENGAGED

Boston, May 9, Senator and Mrs. Leverett Saltonstall, have announced the their daughter engagement of

Emily to Richard Evelyn Byrd, Jr., son of the Antarctic explorer. notice is prescribed but no ap- Mr. Byrd served as a lleutenant plication form is provided though with a special Naval aviation unit there is one for every other type in the Pacific during the war and of application. The latter refer is currently working in the fold.

variably to the "Grounds for of television. United Press, Application" but the notice un- der section 32 (3) does not. "Notural Justice"

were

14

31

Tribunal having been duly made,

be

l

10

quoted

Fup-

"The question next arises (and, was in the absolute discretion of

the. would It

Governor-in-Council In the view of the Court have arisen whatever conclusiori Without the necessity of hearing it reached upon the point lout any interested party. It is not cir imperiunt that at the same discussed) whether in the

the time that the request for a copy cumstances the failure of

of the reasorts, was refused formal respondents, to produce

in writing and the re-application by the appellants reasonk

to order heard by counsel was also re- fusal of the Tribunal them resulted in a breach of no-fused. That being the situation, nu perusal of the Tribunal's reasons tural justice. A number of

not have banelitted the this would thorities

quoted on ukpect o

of the matter to which uppallont in any way. The Gov

reurnor-in-Council made the Order is not deemed necessary to re- fer in detail, but from them it is in

Isi munner directed and under powers conferred by grace not no authority has clear that the Courts will

been the Court that would uphold the decisions of a Tribunal and na exercluba quasijudicial functions to

disregard of port an argument that the with- it there has been

of holding of the ""reasons" in such proper procedure amounting circumstances could be regarded breach

The of natural Justice.

a breach of natural juntien before the Tribymal s Proceedings

arguable zumcient to vitiate the Order in All

provhle no The appellants were repre-rency of the Landlord & Tenant

reasonably

That

Council. point.

the hours of 8 n.m. and 8 a.msented by Mr. H. G, Sheldon, Proclamation of 1045, and at- make the recommendation asked! | and p.m. and 11 p.m.

The Finding of bosis the application wus

ས K.C., and Mr. Charles Loseby, though the appellants re-Herated

defence on this

their willingness, to

well "The Coart is of opinion that WILT Gear, Clocks, Compassen, Logs,

reconstruction scheme Re-number the last sentence instructed by Mr. C. A. S. Rusa. In writing

known to the appellants, and upon the agreed facts, no Cameras, Copper Wire, Photo!

The Hon. Mr. Leo d'Almada abide by the provision referred)

was obvious that the publle in-sonably arguable defence in law Radiators, as puru. 4:- | Paper, Henters,

e Castra, K.C., and Mr. D. A. L. to above, they refused, after the

Importunt has been shown. The submission terest would "be an Mr. 1. proper notice had been given, 10 Valves, Hospital Furniture und

carry Wright, insiructed by 4. The holder must

factor. No request was made for of counsel for the appellants that Geur etc.

To deal now with the Arst of and securely fx front and rear Capstick of blessrs. Deacons, vacate the premises and claimed the protection of the Landlord & a white plate 10" x 10" with appeared for the respondents. Chrysler, Clardner,

The Tenant Ordinance, 1947 which the points of defence-power to case stated under section 28(5) they were entitled to have Gray

a red "L" inches in height The premises, subject of

fused to accept a summary of the Tribunal inquired into by Hudson & Marine,

conferred upon Tribunala by sec- Parsons

super-dispute, were exempted from the had by that time replaced the compel discover of documents is of the Ordinance and counsel re-fuhness of the hearing by

it Court, can only be sustained as respondents

grounds when it was offered at Winches, and I inch in width Engines, Roseberry

entitling him to leave to defendi, carly Chinese provisions of the Landlord and Proclamation. the

vers thereby

stage of the proceedings Tenant Ordnance, by ELE, the thereafter served notice under tien 28 (2) of the Ordinance.

is one of several

and ample oppatunity if it is shown that there are facts character "HOK" (AL) (學)

ព Governor-in-Council the re- Section 32 (3) of the Landlord mentioned and the

·which intairness ein Perfum Electric Winches, Purson Gen-imposed erator, Listard Diesel Engines,

shall was given to both sides to cil commendation of a Tenancy Tri & Tenant Ordinance, 1947 of in-words are:-"Every

Court Tara Crawler, Field Kitchens,

any of evidence and to make submis-souably be argued. The ΣΙ recum have and may exercise

spy holds bunal presided over by Mr. Hin- tention to apply for

that

the Aeting stons. The Court does not say ele.

following"These mendation by a Ishing L.

Tenancy Tri-

the powers..

that it is not desirable that writ-Justice bi the Court below Deliveing the judgment of the bunal that, the said premises be words are clearly discretionery

ten grounds should be supplied right in refusing leave to defend Court yesterday, Mr.

Justice exempted from

the application and the authorities supporting the

if in so doing it was neces- re-applications under section 32

no come to a Gould said in part:-

decision but that in the present case no sury "Counsel for the appellants con.of the Ordinance. In the course view that they should be so re-

resulted. Injustice of shadow

any minor

of law ive question tended that the order was wrong of subsequent correspondence be- gorded-viz Kent Cost Conces- solicitorsion Ltd. v. Duguki, 1010 1 K.B.

The case of Li Hong Mi v. A was correct in allowing himself ur law in that the defendants had tween the parties, the shown an arguable defence on the for the appellants wrote to the 904 at 910 and Attorney General torney, Ceneral For Hong Kong. to be guided by the dictum of by Jessel M. R. in Anglo-Italian solicitors for the respondents re-v. Emerson 24 Q.B.D. -were three points:—

case counsel for the appellant (u) That the Tribunal had requesting them to let him have unchallenged by counsel for the 1920 A. C. 735 relied upon by fused to make an order for dis the full particulars of the ground appellants. covery of documents,

TYPE.

:

UNDERWOOD WRITERS newly arrived, Inte mudel, wile carriage, in moder ate prices obtainable at The World Typewriter Company, 40 Wellington Street, Hongkong. Telephone: 20506.

FOR YOUR BREAKFAST Tiffin, Afternoon Tea & Dinner. You are welcome Prompt Ser. -vko Airy-and-Quiet Is Cate de Luxe, China Emporium Mezzanine Floor Tel. 28428.

FOR SALE

and

Various Vehicles and Vel cle Parts Locations, Time 1 Trupertion and Full Particules Cat})- Fron Catdogne. For

Inspection Permits and Conditions of Sale apply the Undersigned............. Tevine 505, of Purchase Money in Fall of Ilammer and Balance by the following day.

LAMMERT BROS.

AuctioneerS.

THE HONG KONG JOCKEY CLUB.

NOTICE

OF

The MAY HALF-YEARLY GENERAL. MEETING VOTING MEMBERS will be held at the Club House, 'Happy' Valley, on Monday, 31st May 1948, at 5.30 p.m.

ALL MEMBERS are cordially

and

A. COMMISSIONER OF POLICE.

10th May, 1948.

The

mises.

{~~

an

re:-

the

the

Lize

เราล

Chilet - Whe

921

not funk v. Wells 38 L. T. N. S. 197

To the preEST smukiy-in-point-dom-view of (b) that the Rules of Proca-upon which the application was there is no suggestion that any the decision of the Court

the

an

pince between the partles between

und ourselves

your in

in the circumstances. clients are our

clichts

that

and the

counsel

hot boot

whe

1

THE CANTON INSURANCE OFFICE, LTD.

that

it wha suggested that, if it was a subject requiring eing failure to deliver written grounds NOTICE TO SHAREHOLDERS

based, The reply, dated the 13th document was withheld and

to make the order being for refusal to

didl the application

decision of this kind, it dure made under the Landlord & September, 1847, contained the provisional only. counsel could or

of a

pot it to be decides statutory

under tamount to disregard of Tenont

Ordinance, 1947, were ap.

the rule Ordinary

have renewed his application at requirement but insofar as

10 which reference The Sixty-third

Ample Time

stage if he felt himself ug-requ Yearly Meeting of Shareholders Plicable to the proceedings before following two paragraphs-

any

has been made. The answer is touches upon the matter of na-

is only He did not do so and We should have thought that grieved."

plain. The mere reading of necessary tural justice, It will be held at the Offices of the Tenancy Tribunal especially appointed to hear the application

been advanced to

short instrument like this, in- the Undersigned on Friday, the and that in spite of Rule 7 the it was apparent from the cor-nothing has

to say that there is all the dif- argument that the respuntence which has and discretion was wrongly exercised bringing of charges affecting t

volving no difficult considera- 14th May, 1948, at Noon, for respondents neglected and the

ference in the world between the

tlon as to the law, or really as the purpose of receiving the Tribunal refused to order

liberty of a person in an

to the construction, cau as well unfair Report of the General Agents respoartents to set out in writing of their

be deckled by a judge on the The second submission is that farm and the neglect, cured by together with a Statement of the reasons in support

subsequent proceedings, in hoaring of a summens as Accounts for the year ended application,

of property to put that they are proposing was disregarded by the Tribunal m matter

the hearing of a demurrer, or the 31st December, 1947.

upon the trial of an action. It a scheme for the when it refused to order that the lo carry out

proper form matters substantial- of the appli- 13 reasons in

ly

would be within the knowledge of both reconstruction of 11 and

be argued by counsel in the same way, and, considering Queen's Road, Central, the plans, cation be delivered in writing.

the amount and importance for which were originally pre- The Rules of Procedure are made

involved in this action, it would, pared before the war which under section 30 of the Ordinonee

be tried no doubt with the sume fact was within the knowledge which empowers the making of

deliberation and care, in which- of your clients pre-war and "general rules and orders." The

ever way it was heard by the hus since the date of the lease submission of Counsel for the res-

is that section 32

judge. There can be no reason been brought 10 their notice pondent is

Whatever why the judge should complete code for dealing -more-than-ance.

not decide it the first time it The notice to quit was given the

before him, contemplated thereby

was brought why he should impose on the parties the expense and delay

and

Register Transfer Books will be closed from the 30th April to the 14th May, 1948, both days, inclusive. JARDINE, MATHESON & CO., LTD.,

Central Agents, THE CANTON INSURANCE OFFICE,

LIMITED.

e) that after the Tribunal had made its recommendation and forwarded the same with the, reasons therefore in the Governor. In-Council, the Governor-in-Coun- cit refused an application by the

of appellants for reasons,

# copy

..

such

cuse,

The Facts "The brief facts in the which are-not-in-dispute, ore.tlust the respondents are the owners of a building at No. 13 Queen's Rond Central, which the appel- lants occupy and utilise for the purposes of a hotel business. The

invited to attend and particip. Hong Kong, 23rd April, 1940. appellants have been aware from

which

ate in any may ensue.

discussion

By Order of the Stewards.

5. A. Sleap.

Actg. Secretary,

HONG KONG, 10th May 1940.

所刷印门金

THE GOLDEN GATE PRINTING PRESS

The BEST name in job printing. Specille to Copperplate and Die Stamping, Letterheads. FOR SALE 2 suites dining | Visiting Cards, Booklets, room furniture, one consisting Balance Sheets, Envelopes. Alsa of table with one extension 4 Copper, Rubber, Horn & Ivory dairs and sideboard and the Stamps Makers, All kinds of other consisting of table with stationery and printing of every two extensions chairs and description. sideboard. Write PO. Box 3 44 D'Agullar Street, Central for appointment to view, giving

Hong Kong. Telephone 33485. Telephone Number.

STOCK of Ladies' Gatments. for sale at The Shanghai

Fashion School; Victory House, Wyndhum Street.

5th floor,

THE HONGKONG & WHAMPOA DOCK

CO., LTD.

app for exemption on the Rule 7 of the Rules of Procedure

slov

No-Duty-

+

Ini

"The Inst point raised is one affected by similar principles.

The Governor-in-Council refused to provide a copy of the reasons given by the Tribunal for its

as long ago as the 27th June coil type of SHS

commendation. The Governor |

type

its

and

of

that i-Council was under no statu-. tury duty to do so. The recom- the wilbin was last, and the reasons why our the Rules of Procedure are in-

The applicable thereto.

section on clients

the of absolute required

discretion possession were

deals with a very special given therein. The application

Tribunal and no 'appeal lles frain for-exemptoin was filed on the of application-not one de-

the making of the Exemption the commencement of their 'len- 25th July and it seems to us signed to effectuate my of the its decision. By section 32 (1) that you have had ample time purposes of the Ordinance, hul Order, the recommendation of the ancy that, the respondents in-

of particular to prepare your case and in-one for exemption tended to demolish the building

from its properly struct Counsel.

provisions. embar and replace it with a new build-

which is previded "The hearing of the application Machinery Ing and provision' was made in

the

case of the tenancy agreement giving the commenced on the 18th Septern- does not apply in

any of the other types respondents the right to deter-her, 1947 when Counsel for the any

application application. Whether or not it is three appellants made an mine the tenancy by

for the grounds to be given in correct that none of the Rules is

the Court does

110: months notice for this purpose, writing and also asked for an or- applicable,

The former feel it necessary to decide, that the Telephone No. of the Although the tenancy agreement der for discovery.

was entered inte during the cur application was refused and with that no Rule can apply which what it deems to bo unarguable

in conflict the Tribunal reads:

with the machinery 32: Rules There is no necessity for any direction of general discovery of 6-8 under the sub-heading "Pre- documents at this stage before paration of applications" Bruni- for respondent disclosed their de-doubtedly in this category

under section 58 the proceed- ings must be

be cominenced by "Patent Defects"

notice, not by an application, and Counsel for the respondents special provision is made then opened his case outlining the bearing the persons served with history of negotiations and giving or affected by the notice. This is the grounds upon which he re-quita inconsistent with the

At the end of his opening dinary procedure. The form bi

It is notified for information Hongkong Office is 26349.

THE CHINA LACE CO.LTD.

REMOVED TO NO. 5 ARCADE GLOUCESTER BLDG

GUNNY-BAGS

THE DOUGLAS STEAMSHIP COMPANY

LIMITED.

Notice to Shareholders.

regard to the latter, the note provided by nection

fence.

Notice is hereby given that the Sixtieth Ordinary Yearly Meeting of the Company will be held at the Registered Offices of lied. the Company, 5th Floor, P. & O. Building, Hongkong, on Mon- day, 24th May, 1948, at 11 am.

bul

for

01

for the purpose of receiving NEW PROCESS METALS CORP.

the General the Report of Managels, together with the Statement of Accounts for the year

December, ended 31st

of BUYING and Selling on narrow 1947, to re-elect Members margin of Commission only. the Consulting Committee and

Open on Tuesdays, Thursday PEIPING & TIENTSIN Please apply Mr. DICKMAN to re-appoint Auditors.

SCRIBBLING · PADS -- 100

and Saturdays only.

WOOL CARPETS

pages at 60 cents onch,

On

Bolo at "China Mall" office,

WHOLESALE

CHI HING HONG

Windsor House, Tel: 32312.

OR RETAIL

Beton's Beauty Salons 85 Queen's Road C. 1st Floor,

You can trust your personal Beauty Problems — your Per- -manent Waves Shampoo, Sela Tintiue, Facials Manicure Pedicure to Betan's expert operator.

Door), above Lane Crawford's. Tel. 33181.

Mr. NG CHIK PAK NBA BGM MORRISON & ́GO.

UNDERTAKERS "Granite-&-Marble Works-

Monumental Masons,

Head Office: 4-0. Morrison Rd... Happy Valley-Tel.84502

faf Branch:--- 560-501' Nathan Road, Kankon Tol, 80023.

Telephone 24850

HONGKONG

SERVICE TO OFFER DENNIS & CO., LTD.

(White Ants Extermina- tion Dept.) offers service in White Ant Treatment. Just make a call on the telephone and our TECH- NICIAN will be at your service for Eras Inspection. Tel. 32913, 33324.

LEUNG, 101 Jervois Stroet, 1st Floor. Or phone 20068,

Service Auction` Rooms

Auctioneers, Burveyors, sta Basement, French Bank Bldg. A.E.B. de Souss, Auctioneer Telephone 81897.

'

The Share. Register ard Transfer Books will be closed from the 18th May, 1948, to the 24th May, 1948, both days in- clusive:...

·DOUGLAS, LAFRAIK & CO.,

General Managers. Hongkong, 8th May, 1948.

WANTED

TALENTED ARTISTS

Such as Ballroom Dancers (performing

`in pairs or single), Singers and/or performer on various musical instrument First instance,

please apply Box No. 382 c/o “China Maik

NEW ARK, NEW JERBEY, U.S.A. ·

ESTABLISHED OVER 35 YEARS

Manufacturers of World Famous Highest Quality:

LIBERTY BRAND FLINTS

INTERESTED CONCERNS CONTACT

MR. LEO GOLDENBERG,

Room -717, Gloucester · Hotel, - Hongkong.

YOUR OWN

FILM NEWS

NOW ON SALE

30sta

JANE

GATESI="THIS LOOKS LIKE A TOUR OF INSPECTIONI

"WHO, IS IT' NOW A FAMOUS NOVELIST,

OR AKOTHER

сп

or

of a second hearing of such a question.'

The appeal in dismissed with

costs.'

BUB

Bubble Gum

Made in U.S.A.

by

BOWMAN GUM INC.

Children enjoy it and you too!

It is FUN to blow. It is GOOD to taste.

•On sale at grocery stores. Sole Agents:

KAI YUE CHEONG LIMITED.

607 Marina House, Queen's Rd, C.

Tel: 20749.

HARRIMAN REALTY CO., LTD.

REAL ESTATE BROKERS AND VALUERS *FREE* *COME TO UB. ROB ADVICE? •

ALL TYPES INDUSTRIAL & DOMESTIC PROPERTIES. "AVAILABLE 201 Victory House, Wyndham Street, Tel. 33602, Telegrams "Harriman"

I'M WANTED AT BYOUN, JANE, BUT TONY PANDY THE PATROLMAN, WILL LOOK AFTER YOU.. "DON'T TELL HIM WHO YOU AREX

MAHEM!-ÖVER 6000 MEH

WORK HERE "DAY AND NIGHT, MISS. THE PLANT) COVERS AN ESTIMATED

AREA OF

COME OFF IT, TONY!-- SHOW ME THE CHAPS AND

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I'M HO, GOOD AT

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¿PRAPS YOUT BE GOOD ENKKIGH TO AUTOORAI

.