1948-09-15 — Page 3

JUSTICE REFUSES LANDLORD APPEAL

HOTEL RATES

(Continued from Page 1)

that

Where a tenant offers, according to law, to pay rent to his landlord before an application for eviction is filed, a Tenancy Tribunal has no power to make an eviction order.

*

Your or your client's."vigorou, This view was expressed by Mr. Justice Gould contest" of the proposition only a 24-hour notice iséquired takes no cognisance of the hotel trade usage that a permanent re-. 'aldent in a hotel must enter into a dellnite arrangement 10 ex- eludo the true basis of the hotel trade, e, that the name is in- tended for the accommodation of transients able to louve at short notice, this definite arrangement being:--

(Puisne Judge) yesterday, when he refused on appeal by Samuel Macomber Churn (appellant), against a refusal by a Tenancy Tribunal to evict The To ́ Sou. Girls' School (respondents) from No. 102, Argyle Street, Kowloon.

repre-

The appellant was sented by the Hon. Mr. Leo Castro, K. C.. In-

That the "permanent resident" d'Almada e will reside, for a animum periodstructed by Mr. F. Zimmern of of 8 months and is uny entitled Messrs. F.. Zimmern &

to vocate on whereupon

montir's antire: 0

cloes your contention take cognisance of the fact that for as long as hotels have curriest on so long has it been the estol- Hshed custom (us enn de festßed ta by expert and reconly that daily rates (even if billed for monthly for the conveulence of

guest) Import

|

Com-

makes a

the case

Jew

THE CHINA - MAIL," WEDNESDAY, SEPTEMBER, 15, 19;10.

Law Victim Of Larceny

The law fell victim to larceny on Monday morning in Market Strast.

. But within a few minutes after the diazovery of the loss Detective Police Constabla Wong

Kam

his recovered fountain pen and also arrest ed the culprit.

At Kowinan yesterday be fors Mr. Latimer, a 19-your- old foki of a shoe repair shop, Mak Chl, charged with lar

WIE sen. ceny by finding, tenced to two months' hard

labour.

DPC Wong Kam was carry- exhibits to hlo Ing Court

the

station from Kowtean Maple- trasy at 11.35 m. with an- other constabin. reached

When they

Kong

Theatre DOC Wong

dents say that a tenant even though upwards of 30 days in la pro. arrears with his rent tected. from eviction

he

Ming tender at any

Kam time before

an application da

found that his fountain pen, similar month's Dany.

lodged for his eviction. notice is equlier uf the hotel In Mr. A.J Chford, instructed "Counsel for the respondents kept in his left breast upper He was of Messrs.]relles upon termination of the

of Bird v Armagenval

m.taxing. y Mr. Peter H. Sin

pocket, Neither

defendant hav. Peter Sin & Co,, represented the Likdage (1947) 2

remembered A.E.R. 7 in

rather respondénk)</

by him which tender was made a

ing passed In the course of kis judgement.days before the netlun was (71.

closely. Mr. Justice Gould said in part:leted in Court. In that case.

He returned to the spot and "They application for eviction tender was followed by, payment

defendant, who at his originally brought before the into Court, a proceedhut which i approach ran to a shoe repair Tribunal on the ground that the not provided

for in the Hone stall and busled himself with appellant required the premises Kong Tenancy Tilbunal Rules.

some shoes. Arhed about the A a residence for himself and

The decro1 in Bird v. 2- pea, defendant denied, know- amily, but when

The master re- it came on for dage, so far as I is relevant to

ledge of it,

DPC case, was based on turned and permitted hearing, the applicani saked for the present leave to aid the further ground the wording

Wong Kam-to search his pre- of the section of

mises. The pon, valued at $5, that the

was in arrears for the English Statule corresponding run!

was discovered inside a shoe La section 18 e of the Landlord more than 30 days. "This amendment

box. Defendant when arrested was subse

and Tenant Ordinance 1947.

admitted taking the pen. ently allowed, but it in com-

"Section 18 (2) gives jurisdic before it was mon ground that

Ulon to a Tribunal to evict allowed, a tender of the amount

cant whose

notice on either side.

24-hour

I have emphasised the word "ither for dolly (und currently quests billed monthly on <laily rates BTC giving up their hotel bccommodation

00 24-hour notices and have not been asked for a month's nottre, which last. if asked for. would probably

dicht howls vif protest.

Oversight

your

The third paragraph of Jelter appears to be joi atteing! to take advantage of a technicht oversight. Administratively, the whule of Hong Kong understood from an official statement marle in the newspapers on August 4 lost that rates were being frozen

|

due for rent was made by the solleltor for the respondents.

Refused To Evict

rent or any part

thereof, ต so far as the sum

cerned due after October 1, 1945. is du arremes 10 more than 30

Personalia

$12 MILLION IN INCOME TAX COLLECTED HERE

་

More than HK$12,000,000 in income tax has been collected since April 1 by the Inland Revenue Department for the current assessment year. This was disclosed at a Press conference yester- day by Mr. W. F. Watson, Acting Commis- sioner of Inland Revenue. He said that the estimated revenue, of HK$40,000,000 is expected to be collected by March 31, 1949.

Mr.

the Watson sald that Department's biggest handicap recruit ex- Is its inability to perienced assessors. At present the Department' has two assis» tant commissioners, one grade assessor and seven grade 2

russesers.

Two additional assessora #re expected here before the middle of October from Australia. Four lindro pre nosited,

He added thn the filing of In- cune returns by the general public Is satisfactory. There have not been many Tikes exf evnsion.

Details of the rollertions income tax from April to Sup- (ember

follow:

Corporation Profits

Tax Business Profits Tax Saluries & Annuities

Tax Personat Assessment Interest Tax... Property Tax

*KS

5,154,152.28 2,534,568.12

490,497.83

205,105,44

51.207.35

3.252,493.87

HK$12,137,836 49

Considerable Misunderstanding.

"The Telbrand refused to evict,nys". The important words are whose rent. is in arrears for giving as its rensons:

more than 30 days". "(a) Section 19 (1): The Tri-

Mrs. Maria Philip Kochubey of that

Counsel's Contention greater considers hunal

to Mr.

Mr. Watson said that consider Pardship would be on opponents

"Counsel for the appellant con-Shanghat, was married

Vladimir Anatole Bachtin, (sub-

misunderstanding still thms on the applicant.

Lends that her words, differing

nanager, Repulse Bay Hotel, at able

basis period adopted for the pur- English provision, create a furtegistry yesterday in the presence pose of assessing Salaries diction ITL The Tribunal int Mr. Michnal Illyich Kourton- Annuities Tax. nedintely the rent is in arrears

ky and Mr. Eugene Alexis Tsen-

"(b) Section 18 (c): The Tri-ubstantially in form trom the The Supreme Court Marriage appears to exist concerning the

on the

as extant on July 31, 1948 anni is satisfied that there was that the Quartering Authority's never any unwillingness Axtures has been cancellra. Du

opponent's part to pay the rent. you, your Assortation und Mr. Lee contend that the defect of a

tering

resident to say: rufes fixed by

the

renders

instant, at which time my clients will also render him

extras suppilet up in expiry of this notice.

In any event it is

untrue to

made from time to time,

п.

Assessment for when tax

od

In the first place, a "Year of The forthcoming wedding of Mr.enorges is a period of 12 mouths George White, Clerk. 41 Ashley commencing un April 1 and cim- Road, Kowloon, and Miss Patriein ing on watch 31 of the following Therese Wilkinson, Sales Girl, 37 calentar year. Nathan Road, Kowloon, has been announced.

"Mrs,"

among

of

Thus ine Year ut Assessment 1948, 49 covers n person's tax liability up to Merch 31, 1949.

iL

"yard.

for

1948/40,

MR. W. F. WATSON

11

in

nol

nre subject to Business Pronta Tax,

Employers are therefore

Em- required to include salaries, etc.

the but ployer's Return

such paid to partners in

salaries, ele._ should be added back in the Business Profits Tax Return.

from the Colony from any office or employment or from a pension for gnnuliy.

His total Income must exceed the allowances to which he Is entitled before he becomes Hable. Any person who thinks he may "The present mypeal is brought for over 30 days and that the

liable to Salaries and Annul lies Tux. and who was not

yel nly in respect of the second of jurisdiction remains, even though, cancellation urder by the Quarnese Buddings on the ground that the breach of the tenant's. obfign

*

Return Form for received 1948:49 should apply immediate- Authority

inports the exercise of a dis-tion is cured actore netion. The technically possible for a Intel cretion which the Tribunal (on same argument was put forward

since if he is luble the onus 1 will pay the !?!

Is on him to say so, Persona who are Quartering the appellant's submission)

partners o! Authority and not the rates ev-rot possess. Apart from the mat-ditidage, but was re-

frins (not limited companies) "Counsel for the appellant now ter of the existence or otherwise ected by the Court. tant on July 31, 1840

and why are paid a salary In the meantime, as a matter of a miser

of a discretion in the Tribunal. anbimits that the word in arrears of further Krie Mr. Lar was argued co-behalf of the for more than 20-days'---has-c

Sompong Bunnng, wife The basis on which fax is addition to their share of profits ure--not-liable to-Salaries--and that its discretion in stellar effect to the insertion of the Siameac Consul General at assessed is normally on the las Annuities Tax, art their salaries respondents given notler that his contract as

with the evidence the A guest with my eltems in their conjunction

the come of the preceding year; etc. are considered to form part punctually in the Hong Kong, were word hotel is to be terminater! by 12 implied Andings of fnet by the noon on Monday next. the 13th † Tribunal that lender had bvon Inglish provision. Punctually is unssengers who left yesterday by ftcome for the year ended March of the partnership profits which

provision as to time just as the Sinmese Airways for

Bang 1948 is taken as and within 30 days." This is an at-kok. Mrs. Bunnag will return to stick" to gauge his income bill for at other times had been walved tractive orgutuent, but it is in my the Colony after

short vacation the year of assessment

But this is only the case where accommodation and fook and and

was not therefore the exer-view defective.

in Slam,

the preceding year covers a full cise of a the date of of a discretion at all.

I take the view that the prin "In ylew, however, of the ad-ciples underlying the decision in

Departures from the Peninsula Year's income, otherwise it will mitted tender of all arrears made Bird v. Hildage are equally ap Hotel on Monday included Messrs not sent a true yardstick ol

the current year's income. the presence of the Tribuni plicable to applications under W. K. Mackenzie, M. M. Thomas, Special provisions exist in the before leave was given to add section 18 (c)

a. Dimerie, C. Matlingby, F. G.

a person commences to earn In- Margin on, S.A. Gregory, S. A.

come subject to Saturies and Nichols and Mr. and Mrs. C. L. Annuities Tax either in the pre- Shoppe.

ceding your or in The assessment itself. In the former

taken case the "yond-stick" I am also instructed to com jurrent, but before any application for full and valid tender made Insttin Hotel on Monday were Mr.

gauge the income for the year of the Tri-Lefore the application for eviction ind Mrs. M. M. Estella, Mrs. A.K. assessment-is-the income for one ment that there is also no justin lodged, will deprive

bunal of jurisdiction to order has been lodged, one of the Dimond, Mr. and Mrs. D. L, Blan-year from the date of commence fleation for the glittering Utopia propounded whereby for an eviction on that ground

clements of being in arrears' ipton," Mrs. M. Morrison, Messrs. ment (Section 12(4)). perio whilst the appreciable

Opposing Views

missing; the rent is no longer P. H. Ericson, S. Varma, Hotel Advisory Committee is conducting investigations, Mr. Lee and relidents of all hotels"in" Hong Kong and Kowloon can

rent to fall 30 days in arrowr, Toard at hotels 'with- lodge and

no tender on the 31st or any out making any payment there- for

subsequent day will avall him; sweepingly whot cut,

you defne as, u ruse of a "properly

the landford' is entitled to ob tain his victlun. necessitating 'disputed bifl" not

payment save the deposit with you of an amount" not, defined or ascertained as to whether it totals $1.00

more.

Huggest that any actunt

dispute

had arisen at all as to rates pay

In the

able and that this was the sole { growtul under section 18 (c) and Tenant or the Landlord |. W. Grange, L. Mao, J. Fleming, | Ordinance to cover cases where

renson or even one of the rea- sona advance y Mr. Lee for non-payment,

No Justification

I am instructert to point out to you that your. fretuuf allegation that the sole reason for non-pay- ment was a dispute as_to_what_ my clients are entled in charge has no semblance to the truth. at all and that it is completely

xcrutants untrue that other Lyton House are withholding payment until this maller had been settled,

Again, any

1947.

the application, it is not neces-

"I hold that where time has not sary to go into the argument if

been made the Essence of the It is good lav that a valid ten-

contract, a Tribunal has no juris- der of rent macie after it has dicilors to make an order under fallen more than 30

days in that subsection where, by reason

the respondents Axed at $250,"

.

Among the arrivals at the Pen-

S. J.

year of COUNCIL REJECTS

APPLICATIONS

in

The Urban Council, at, is fortnightly session yesterday, re- jected three applications for food In the latter rase, where the shop licences, one food factory 12 roast meat shop "The opposing points of view lawfully due. The appeal is con- Burgess, E. Fossum, and M. C. person commences to earn dur licence,

cating-house and ing the year of assessment 11self, licences, one then are these. The appellant sequently refused with costs to Rajani.

the only possible "yard-stick is one bird shop ilcence. says that if, a tenant allows hia

The Chairman, the actual income for the year of

Mr. P.C.M. date assessment. from the

of Sedgwick, said The application in had been

the Investigated by commencement to Morrh 31 that year of assessment (Section | various seier! committees: who, 12(2)),

recommended refusal.

The reason for refusal in all cases was unsultability of pre- mises.

The rompen -

Reminders

SCM

5.30

p.m.

Today

9 Months For Theft

day

of H. H. The Dayang Muda Sarawak, wife of the Heir Pre- sumptive, Tuan Muda, and the An- mother of the Raja Muda,

Hong thony Brooke, arrived in Kong by the ss. Achilles on Mon- She is accompanied by Mrs. The suspicions of police con-Nell Thorpe, well-known resident of Singapore. The Dayang Muda atables 1888 and 1076 were responsible for Chan Bit-hang and Mrs. Thorpe are here for a

holiday and are staying at alias Chan Sau-yuen, aged 20 Gloucester Hotel. being sentenced to nine months hard labour and recommended for banishment by Mr. J. Wicks

专业

the

WARSHIPS FIRE SALUTE. Toc H Club meeting, Talbot at Kowloon yesterday

House, 50, Macdonnell Rond, According to Sub-Inspector J.H. 8.30 p.m.

Evans, the two constables were The flag of Rear-Admiral Mad- Aquatic so-called dispute Inter-School

Meeting on patrol duty at Waterloo Road dan wen hoisted yesterday in HMS to that of YMCA, Chinese

Bridges when they saw defendant wall Sussex in succession can only have pertinence to the

7 p.m.

ing in a suspicious manner and Rear-Admiral R. D. Oliver, who Street. amount in the bl accredited as

bundle at Boundary has relinquished the command of clue for accommodation, the H.K. Hockey Association meeting, carrying a amount in dispute even on your

Post Board Room, Struct.

the 5th Cruiser Squadron. As the hour was only 6.30 1 The flag of Rear-Admiral Mad. ewn showing being the yum of

de

ten wa saluted by the Commo $520. The remaining anjount H.K. Billiards Association meet the morning, the constabler

ng, Sports Club, 5.30 p.m. cidnt to stop the man and searchdore-in-Chargo, Hong Kong, Co.n-

found that b modore

Robertson, The Discussion &

C. L. Debating Group the bundle. They

was fired by mecting, discussion of "Kow. contained a quantity of clothing. alule of 13 guns

Tnquiries made by a

behalf of loon's Amenities" led by Mr.1

detective HMS Black Swan on revealed that defendant; with LWL the Commodore and was deknow- F.C. Clemo, European YMCA, other men, had climbed on in the ledged by HMS Sussex who re- 0.30

स roof of low building at 120 piled with 11 guns. Vit-Alexin (China)

Limited, Vaterloo Road and then ninea Today the tile, Brith Pacific David House. 4th fir.. annual entrance to the first floor flat of Sinton, tinue to boarıl and lodge a whole meeting, 12.30 p.m.

cannot Sino-British Orchestra rehearsal, that house. A bundle of clothes Station when Rear-Admiral Mod Litter of FlaR were also recovered from the den assumes the

Squadron and Second-CONT mand Far East Station,

due of $788,30 is made up of fuli board to Mr. Lee and family and extras ordered such as aerated waters which, if Mr. Lee's story is at all true should have been pald by him in any event.

UFO

You will agree, if I many your own word, that it is "bar-

barous" to expect hotels to con-

family, who will not or

pay for boarding and lodging.

p.m.

changes to Far

East)

St. John's Cathedrai Huli, anrden of the St. Tere-n's Church. Officer Commanding Fifth Cruiser Your Last two paragraphs 0 p.m.

considera- Schools Seven-a-Side Knockout

merit tion:

: You

more

serious

clalm as "unorthodox" the one procedure open to and perenially used by hotels from time immemorial as their usual method of getting rid of guests who will not or cannot pay, nnit You unwarrantably Barrie's malicious and ulterior motives to 'my clients in the conduct of their business without the slightest foundation or basis for such an allegation.

STROLL LEADS TO AMMUNITION

Soccer Tournament, Navy REUNION DINNER Ground, Causeway Bay, 3 p.m.

Coming Events

TOMORROW

Kowloon Rotary Club luncheon,

Peninsula Hotel, 17.30 p.m.

Men's Club luncheon, Roo! Garden, H... Hotel, 12.45 p.m. Inter-School

Aqualic

Meet, Chinese YMCA. 7 pat.

·FRIDAY - Hong Kong Light Orchestra re- horsal, 27b Robinson Rd., 3.p.m.

Inter-School Aquatic Meeting,

Chinese YMCA, 7-p.mɛ/

SATURDAY RELA

leading to the Kowloon Docks St. Joseph's Old Boys Association

An evening stroll in a linnat bowling green in Kowloon Docks last Monday resulted in the con fiscation by police of 86 roiinds al .22 rifle ammunition and alx rounds of An revolver amnunl

Mr. Monument, an employée ol Kowloon Docks, discovered the ammunition

walking while through the tunnel at 630 p.m. on Monday.

Mr. 54 Wicks moce the colle Kleonlions «bzderat Kowloon you! Serday)

Annual Reunion Diriner, Ying King Restaurant à p.m. Inter-School Aquatic · · Mesting,

Chiffono YMCA, 7. p.m. BUSTY BUNDAY Claustdal Concer foc H Club, Talbot House, 60, Macdonñoli Rd., 8.30 p

MONDAY but Kinir, George V ¡School", Parenta" Association poeting; European YMCA, 9.30pm, qu Inter School Aquatic Meeting

CHUVDO: YMCA,S? IDEAAL

The annust reunian dinner at

REQUIEM MÄSS

the St. Joseph's College 'Old Boys A Requiem Mass will be cate. Association will be held on Sat-brated In memory of Mr. Fred A urday at the Ving King Restaurant Xavier at the Catholic Cathedral

tomorrow at 7.30 am,>{

nt & pun.

HONG KONG AUTOMOBILE DIRECTORY

1948

$5.- Per

copy

1949

[(COPYRIGHT)

', Lista all'Impártere; manufac turare, retallers and workshops in. the Colony, handling Automobiles, Motor Cycles, Bicycles and Motor- boats, Engines, Tyres and Tubes, Fuels - andTM“Lubricants, · Batteries,

Accessories and Insurance

and therewith. 19th Edition, goes to press on 1st October 1948 Order forma" have been posted to all known Hangs and Firma the Trade: Pladen' rétúrn them sarly, or welts for information, to the publishers

TRADE NEWS PRESS

Reid, Hong Hàng

-Thirty /paples" only remaining lathin

special redhead rate of $4,- €äähin

Ordar Noseo Mitom

1948

Order yours now

1949

4

Principal Conditions

The principal conditions unier which a person can be liable to Salaries and Annuities Tax can

TOCH TALK

be summarised as follows:

The first requirement is re. aidence in the Colony. A-person- is not liable for

At the meeting of Toc:H" to- year of any assessment unless he has been night, Mr. Geoffrey Coxhead and resident in the Colony for over Mr. Charles Lowe will relate some 180 days in that year or 300 of their experiences and pres- consecutive ions gained during a recent.tour days in

in which China.

Toc ' meets at Talbot House, years of assessment,

so he will be liable for both

50, Macdonnell Road, Hong Kong | years.

receipt otai 8.30 p.m. and all men interested Incoine arising in or derived are Inviled to attend...

any two

He has to ha th

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