1948-09-07 — Page 3

ENANCY TRIBUNAL APPEAL DISMISSED

The omission by a landlord to give a vital notice required under the Landlord and Tenant Or- dinance resulted in an appeal against the decision of a Tenancy Tribunal being, dis- missed by Mr. Justice Gould (Puisno Judge),' yesterday.

The appeal was brought by the landlord of 414 Queen's Rood West, 2nd floor, following the refusal of a Tenancy Tribunal to make an order for eviction of four sub-tenants of the premises, the principal tenant hoving been convicted by a Magistrate and fined for charging excessive rent.

. Mr. Justice Geld said that the four respasidents, all of whom by reason

Sub-Tenants

arc

were

given on behalf of the appellont with reference to section 12 of the Landlord' and Tenant 'Ordin rnce 1947,

by

Stops Token

"the steps requited to be laken landlord who desires to take advantage of the section are three in number. Furt, he must deter

of mine the contractual tenancy the principal tant by giving! [him a valid notice to quit unless

that hus niready been dune.

THE CHINA MAIL, TUESDAY, SEPTEMBER 7, `1048.'

Books Wanted Five PWD Men Charged

An apper! for

periodicals

and books 19: patients in the Mental Hospital --- been made by s", Government #okesman.

yes!

An official statement terday old tant books, old or new, in English or Chinese, are welcome. The gifts may be sent to the Medical Officer In charge of the Mental Hos pital,

Hong High Street Kong..

MORE

THAN

$8,000

.

In

Not

NOL-

Guilty Of Larceny

Five of the eight employees of the Public Works Department's electrical workshop at Hung Hom charged with larceny of Government- owned electrical materials were discharged by Mr. J. Wicks at Kowloon yesterday. applying for the discharge of the assistant wire- man and four electricians, Detective Sub- Inspector D. J. McPherson said that the Crown was not offering any evidence against them.

two that

Anya Leung King, the 48-year-old witnesses and

CIST Me. Pul. wireman, Ngau

Tong would be in ufficient.

Phermom added that the trial

take in probably

whole

being charge

May Kwak

5 and 6, In addition to with, Spury

18 also charged with Kwink urceny of electries) materials on or about December 1, 1947, ntul We theft of five electric motors I'm or about October 15, 1947.

"Secondly, he must after the. notice to quit has expired serve

Chuen, and Kam Wing, elec- worki fur- the principai tenent with 11

tricians, were charged with week.. ther notice calling for delivery of

Austin Spary, 4-year-old Hearing was 2xed for October possession at the expiration of

Grade 1 electrical engineer, to are occupiers of portions of None calester month. of the failure

save and

and Kwok Kwong, aged 48. Dremises the srent the

G give notice as required by the 415 Queen's Road West, 2nd floor.

Letained for his own use. It is

foreman of the workshop, with Ordinance, the principal tenant

Inrecny on of about Apen 19, remained #statutory "ternat

jubligatory that this second notier

Nanu and Tong were additions should give the principal tenunt the option of giving up possession

has ally charged with being involved, f such part of the premises or been and one

John with Spary ni Kwok, In etaming it a tenant of the lands

thell betwees. March 1 and July and

24, while Kam was also accu-ed *.rd.

landlord must Brigade following its. appeal Thirdly, C

Spar of being connected with Don giving that for public contributions. Among and Kwok in the farers Timesliately

ceund notice, give notice to the the first to contribule was the about Jun 20. D

ub-tenants that he had done en | Governor, Sir Alexander Gron. and culling upon the sub-tenants ham.

pay their rent after the x- stration of the talonder month to he landlord d'reet.

t-mural.

e. Theis in brief

that the respondents

sulz- of the whole promisis,

Jespective por- The Hon. Mr. Lac d'Almada e tenants of their Castro, K. C. madhugled by Mr.tions of this rope ty

Pak Chong WHE prtheipal Messrs. Hast Kwok A.S.C. Cumber of

On May 24, 1947, the ings & Co. Ergersenter the ape (

Enve pellant, Ts Ip: ht Who asked appellant by her solicitar for a seversal of the Tribunal's this ja invigal teint notier to quit derti un the wonende

on or before June 30, 1947, that it war against the weight of evi-, on May 31, 1847, gave notice to

the respondents under section. dence and we wrong in law.

The respondents, Chrung Yer-12) of the Landlord and Tenon. requiring them, Jets, Leung Shing, Cheung Fortinance 147,

expiation of one dalender and Tam Ming, sub-tenants of 4110t the Queen & Rent West, 2nd fluts,

mouth after service" to pay thei respretive ventals directly to the were present by person

Landlord!

In the ear of his judgment, Mr. Justice Goulet said in part "This is peal against the refusal of a teumey tribunał to make an order of eviction agdnat

Personalia

1:

"On Judy 31, 1997, letters wen seral to the respondents on behal uf "the appelimit referring to the

lice of May 3 and asking for payment of went for. July 1947 prine to flies nofires on April 30 1947, Kwok 1*ck-harist. ther principal tenant, ves Oned by Magshafe re cherring the sithe AU tha! lenonis excesive Font. True the Megetenie matte no or- Arnong die arrivals from Sinder for epesment of the principal gapore and Bangkok by CPA an

i tenant unit would

see that terday were

W A:སྐ༥」r

T whatever he belt on this subject Lalvani K. N. Hoop-file, M

has been relied Harett, Sundur

upon by the Sought. Wel Ho Slew Font. From Mana CPA, pondents an entitling them to con- brought Agasta Coman Sy that lov Ker, Rosari Ong at Yu H

A rektail party to immour of Admira Sir Dens Boyd, Cut- inander-in-Chief of a 13.35,0

1*

Notice To Tenant

"In the present case, there has

failure, preyamubly

*4*4-

More than HK$9,000

received by SL Ambulance Association

Cho was

charged

Arthur Frederick May, 41-year- oid electrical engincér mapector,

The list of contributors up to yesterdar.nl Kwok Kwong with larceny

Julowni

H.E. The Governor. Sie Ab antider

Fermetu, KCM.O Marking Markentin A te

tioned by a misreading of sectioa | The

2. to give the sevend notice to! he pricipal frauni.

ep has been

Yux

Brus Kanu • Shane has Banking Corporation

This vital The Daley Farm, den å L

Herrss XL

Therefore imately omitted.)

tenant re- Brnst Ke Tramways 151..

tenant of

con-

Hon Koner Elvetske ('s. Autol Janine Mathema. A ta Johnson, Mikya Master 1. Brady” & Do, 136, Charters flank Jadin The Mercantile Blush of Yodin Birke-h-American

nined the statutory he whole prenisės. ! પ્યારૢ

impossible to give a iently

to the sub-tenants zulut notice ander subsection 2 us it is obvious from the wording of that subs section that the lying of the seemed notier under "subsection A Wa ★ Ok Jul

Chemist General a conditioni

procedent,

Ltd It

cannot

be suggested that

to the the Legislative vantemplated the the is cent to pricipat lebant, even after re-perability of cagverting the subs. veving the polices above refer-tenants into deest tenants of the without divesting. thr red to. In this the tribunal found landloret

hin tentney, they had acter as goort fith ineipal tent

sfatulory, of apa refursant to make an order for even though only

the whole premises, všeton.

De the present ease, therefore, appeal against this res is on the south Bratly that the nonce to the sub-tenants, the Sir Deais is leaving is HMS | there was no ufficient evidence condition precedent Alert on Friday fur les beadquar|mitt the respondents

observed. alte 311 ters at Singapore

effect.

. Pacille Fleet, will be given at the Commxfore's residency to lay he Eween 6.30 and 8 pm.

fuent is

brow

Tolmeru

Amnient

1.

between July 23 and August in

the

וג?

Applying for Delete fixed for the hearing of The charges

rening defentiants, Mr. J. M. d'Almus Remedios, defending Kwok Kwejk. Bald that he had been informed

that Mr. P.J. Griffith,

ACT

رو الله

Correspondence

Spitting Campaign Sir.---About three months ago there was a cormigu against pitting carried out by the health authorities here, Public utilities. places of

place where large gatherings DE people were to be expected.

all aske. I believe, to en

were

entertainment, in fact

for Spary, would, be free from September 24 to the end of theperate in this campaign, which wos ahmed directly at tuberculosi< month, and from

prevention in Hong Kong,

October

Prepared To Proceed

JEWS

wards.

别

250

DSI McPhers

L'..

to proceed

Fata Meng Rubber Danufactury

Ital

F.A. Markwh

Chia

gr

How None Yauront Ferry S. 1,14 China Tug & (54

.

E

209

1 cam

194

200

26"

Zippy

fot

Victor Warde à t'a Thorsarn & Co. Lb.. Carmichael & Clarki

Best Low & Hu

E. O▲ C 101

Miz Mobert To Ta

not having Yang Zeng Penseeming Co.

uld have no legali, Randon & Co [8.K. Jad

Wiklomon ♬ Girôt

good, froth ex priying their reht to The result that the respon-Kis Trag Yen Ltd. The Combined Servus will the bemuspal tenant and secondly stage a farewell patade for Shat the re?,

pnyable to lents did a berome Bable to Denis at 11 pan de Friday at the the oppettant end not to the prin-Pay rent

ree to the hundlord Hong Kong Cricket Clif great epal bet, vas in arrests for aut were not able to eviction on At 11,45 mom, he will embark at

than 30 days and the tri- the application of the latter for Queen's Pier for HMS Alert

Final bet no discretion to refuse failure to do so. From Quemi's Pier he will be towed in a whifefte Alert Ave senior naval officers

TOPP

He order.

Necessary To Decide Week-end departures froin the "Before these matters arise for Pensula Hotel included Mr, nadonsideration, it is necessary first Mrs. Al, L. Lee, Ms. S. Sharp, I decide

whether the notiers Mrs. C. Sher. Mr. and Mest ever on behalf of the appellant E. M. Tosen, Mr. and Mrs: H. Whad the effort of creating in law Haurwitz, Mr. und MSW.E. Hlability on the respondents to Thomas, Mr. and

their rental direct to the api-

Titus, Me, L. Robson,

E.C

And

"This point

was

not taken The tenuncy Tribal

who respondents legally

represented

were

there

כויות

19.1

J

.D. S Haking Enhed National Forging & Pains Pro

slucts On, Jul, WI. Tantry & Co (China) Ltd 1ynt Interoceno 1.lus

14

1

J

tho

12

216

ነበ

I

The American Express Co. L "Heing of the opinton expressed | Pong Stm & Lo above, I do not consider it nices- Chen Yuk sary lo decide the other point of Lee Wa Yurn

The ap-

Li Mar low argued before me.

Tota! peal is refuzed."

FUNERAL

·OF

MR. BLYTH

HK,90

OVERLOADING BY BOAT MISTRESS

For currying. 38 persons more thon permitted, in her vessel,

My horror, therefore, when I saw the film which inuw show-

informed the ing in a Jending theatre here,

J

IN MANY

Sydney howking

court that the Crown is prepared was mere resigned than anything

with the case any else, am referring. Ume after October 1. This was people will know, to the scene in objected to by Mr. Remedios on "The Hucksters" when

hit Greenstreet spits, after the ground that his elirat dren in custody since his, arrest horribly, on to the table in frunt and would be In good until the fof_him. hearing' commences.

1 fie When the magistrate fixed undlence Orieber 4 and 5, Mr. Remedios what would be said that he was informed that howls of mirth. And

efice! on the Chinese of this scene was just expected-loud

I am sure

the Crown would have alot 100 that much of the mirth is directed

Ben Line

Flagship

In Port

of the The largest steamer Ben Line Far Eastern fleet is now in the harbour for the fth visit since the Liberation. She is the 12.123 ton 3. Ben vorlich, which arrived yesterday from London via the Strults with

200 tons of cables and general

cargo.

ogainst the Hong Kong Guveri ment, because they see. na

I

e it, that, after this extensive. anti-spitting campaige, there. Still ot sufficient en-operation between the department concern.

to get this scene cut out, Censorship is delicate pro- ülern,

resis),

01

because

be of

but in all publie disputes usually bolts down to a plain query-should the minority punished for the obtuseness the unnjority? But this argument cannot apply hare (and it is the ran only argument on which censor- the It is end of the majority that is a stake. What Chinese, after seeing this well-publicised, gitteringly en at a sumptuous board table American film portraying a "ty. Flagship of the Ben Line Far spitting on that table, will feel Eastern feet, she was originally that spitting in a gutter is come

punishment is built at Port Glasgow for special thing for which Mr. E. Randall, Mis. J. Eichen-

duty with the Royal Navy,

rue? baum, Mrs, E. E. Marmuley, Mrs, betare

Her erew, mostly Scotsmen, are" That scene could have been to the A. King, Messts. 1. Mao, Paire by the

John cut with little damage recruited us far is from

in this Lannan, C. Sith, David W. not

part of O'Croats, Scoiland, to the border, story-in fact, MeMullen, W. Gerald Shey, DR. [or in this Court.

A large gathering attended the 20-year-old boat *mistress" -was Mr. W.-F. Riddle-- commodore-the-world,--it-definitely ought to

and no

bones Braddoch, R. 13. Goodwin, Mur the fnet that #t great funeral af Mr. Henry . Blyth, Maxwell, L. G. Plant, M. it. Nis-mony of the tribunals have no formerly of the Hong Kong Elec-ined $200 by Mr. D.G. Cairns at captain of the Ben Line Far East have been cut,

the Marine Court yesterday. Fleet, is master of the vessel, about it. What was the censor R. Bracken, W. R. Los legally qualified members, it has tife Company, at the Catholle Ho Thi-so, charged with carry- The 65-year-old skipper is also doing-being broadminded?

yesterday When the practice of this Court, Cemetery U.P. Lynn, MA. Radik.

passengers, pleaded the oldest on board, while Charlie so, he should be instructed that Martis, E. W. Wiget, J.E. Mar where a party has appeared he- The Rev. Father R. Ramaccioting excess

guilty. She had a previous con- Jamieson, the 15-year-old cabin-nny broadmindedness He

boy

like Indulging eus. F. Cule. 3.0 Declerck, fore a tribunil in person, to per- conducted the graveside service.

Is the youngest.

111 should be curbe... viction on a similar charge. The ebler mourners were Mr.

conditions-for the G. E. M. Bailey, W. Krivine, E. C.mi point of law to be inken

Sub-Inspector Nippard told the The Ben Line feet has 14 ves-by Eastern Read, and H.C. Hudsmith,

on his behalf ou appeal even Blyth's son and daughter, lietry though not taken before the iri-art Rosy, Mr. J. W. Grant, H. R. Court that defendant was arrested sels. Three new ships, the Ben- good of the minority, if he care for having 35 persons on board: rleuch, Benavon and Benaidler, little for the moral effect of this Tappenden, Mr. A. B. Blyth, Mr.

on the majority. JAN. Pretul Mrs. punal concession would not, of R. Blyth Others present were She has a licence for 17 persons are at present undergoing struction at Port Glasgow.

IMPERSONAL. V. Campos, Mr. and Mrs. Gilley, course, he maste in favour of a Messrs. Langston, Lunny Craw-anly,

ford, Dunton. Barrow, de Rome, Mrs. Holme Brown, My, and Mr. person whose conduci had in Mini, Matter, Silva, Maycock ari E. Peterson, Mr and Mrs. C.E. some way disentitled him to it, many members of both loent and Davies, Mr. and Mrs. Adamson, but I see nothing which would inEuropean statt of the Hong Kong Mr. and Mrs, L. Chen, Mr. any way incline me towards that Electric Company. Mrs. H. 1. Hannah, Mr. and Mrs view in the present case. From Flowers were sent by Henry John Choy Mears. P. Lee what I have seen and heard of and Rosy, Baby and Family, P.M. Elliott, C. O, Pang, J. Raper the respondients, I agree with the Hong-Kong Electric Company. W.J. Muggs, F. F Stone, H. Wat, Tribunal's opinion of their bona Annie and Family, Wille, Girlie Selwyn Jones. T. Weiner, T.S.

and Dick, J. Mayeock, Chan Sou Lin, J. Gang, H. T. Kwong, and

It is therefore necessary to Kee, Chan Sou-yan and many CA. Grisword.

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