1948-09-21 — Page 3

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Page

APPEAL

FAINTS ON HEARING SHE HAD WON

AGAINST EVICTION

A dramatic scene took place at the Supreme Court yesterday when Mrs. D. Kovach of Salon de

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1

Modo fainted in the First Court on hearing that she had won her appeal against the ovic- tion order granted in favour of Mackintosh's Limited.

After first aid had been rendered by Mr. F. W. Reis, Supreme Court Bailiff, Mrs. Kovach re- covered and later left the Court unassisted. The appeal, which was based on grounds of mixed low and facts, was against the decision of Mr. D. L. Strollatt who, sitting as a Magistrate in Tenancy Tribunal "A"; ordered the eviction of Mrs. Kovach and Mr. L. Mercado from Shop 7C Alexandra Building,

Correspondence

Musical Criticism

see that

SrI am pleased to the general publle ure in support of the aims of the Hong Kong Light Orchestra.

was

cer-

Ever since the Orchestra formed in the early part of this "your" they have unc

stant unjust criticlan frum tala quarters in Hong Kong n apparently musical world, who only want to hour music of n Classic nature to be played for the

elected fow.

THE CHINA MAIL, TUESD AY, SEPTEMBER 21, 1948,

Fast Service

ATTEMPT TO GET

To S. America BACK KEY MONEY Drink..

Now.. faptor between

connections

and

Hồng Kash Bolith Americk werb an nounced by the local office of Philippine Air Lines yester

day.

Ona can travel on Douglas DC-6 alfernt from Manila to Havana, Panario, Guayaquil, Ecuador and Lima, Peru. The travel time has been reduced 48 hours over existing com. petitive routes.

con.

PAL offers daily

nections from Havana to

Caracas, Venezuela.

PAL faces are from Hong Cube, Kong to Havana, US$918; to Caracas, Venezuela, U811,060; to Balbos, Panama, US$962: '10 Guayaquil, Eelindor, US$1,088; to Lima, Peru, US$1,171.

Another Concert

FROM EX-TENANT

An action for recovery of koy money was heate

by Mr. Hin-shing Lo at Central yesterday. The complainant was Ting Wan-hap, a Shanghai merchant, of 203, Victory House, who until early this year was owner of No. 32, Blue Pool Road, which he sold in January for HK$270,000.

the

*

It was alleged that he pald the intended to contest the case the teeral and legal to the tenant of the ground on botti floor,

defendant ShenIssue.

The case was adjoined to Soong-fong, of the "Sing Tao Saturday. Octaller 39, at 12 toon. Jih Pao" the sun of HK$30,000 for as consideration money him to move out of the pre- imises.

The paymentsof thirskog money):

was made because the purchaser

of the house wanted yacont pos- session.

of China.

Personalia

Among those who left the Pen;

of $24,800 ou Mr. and Mrs.

M. D. W. Morrison, Mr.

antl Ruff, Mr.

Mrs.

The payment wts made in two insula Hotel during the week-end sums, one of $1,000 on January.2,were Mr. and Mrs. A. Aranaz,

and one 1940, January 14 through Cheng Hin-unct

A. B. "That A. Bernacchi, in~

the learned Magistrate

popular man Mr. B.

Generally speuiting it must be

The next concert of

the Munufacturers Bank Mrs, V. Hall,

H: Orme, Mrs. MrB. I. Rowe, structed by Mr. Y. K. Kan of was wrong in holding that sec

Morgan, R.J.

Mra, Ann Shwartz, Mr. Percy Chen, Instructed by Messrs. Land Lo, represent-tion 18 (1) of the Landlord and an arduous job to sclcut u. pro

gramme to suit everyone, (specint-music to be given by the long Ed Mrs. Kovach and Mr. Mer-Tenant Ordinance can apply to a from lepleted stocks, as Music Kong Light Orchestra will take

limited company."

over will place on November 4 at the China Mr. G.B. Ford, who represented Mears, A. B. Bowler, J.H. Mars Endo, appellants.

"Under section 30 of the Inter-Publishers the world

and under Flect Club,

The programme selected will the complainant, said his client man, J. M. Lamont, A. A, Smith,

bought 32,

Blue Pool Road In H. B. Rogle, M. E, Morriman, C.H. The respondenta.. Mackintosh's pretation Ordinance, 1011, the bastily inform you)

theso circumstances I consider the

Include the Overture "Lustspiel". fluted were

represented by ward 'person' is to include bolles rchestra is doing a

Lima job of

Keler Bela, OP.79, Suite from the 4030 and lived there until 1940 Hall, H.D. Teters, R.B. Hoyne, when he left for Chungking. In G.15. Sisson, G. J. Brittingham. Mr. D.A.1. Wright, instructed by corporate unless otherwise pro work.

Alexandre his absence he entrusted the care H. W. Carter, R. II. Webb, D. San- "Ballet Egyptien" by J, G. Str. 3. T. Prior of Messrs. Wlkin-videl or unless the context other-

Luigini, "Procession of the

of the house to Mr. T.M. King, tos, M. Ross, J. Duinont, S. Varma. ft and Christ.

wise requires. A somewhat simi-

of the China Insurance A. Lyman, and I. Corvilt. Allowing the appeal and setting lar definition 14 contained in

Arrivals at the Peninsula Hotel Interpretation aside the order of the Tennney

19 of the section

King was in Meeno during the Tribunal, Sur

·

Gibson Act 1800. Late (Chief Justler, raid in port:

"I must approach the dimeult

Cistus This is an appeal from an orquestion of whether I am to adopt der for the recovery of possession Mr. Wright's construction of ber-some points on Hong Kong's new of certain prenies known

deton B ()-applying it neces-dwellings vis-a-vis the Building

sary the principle of beneficial'

Jiold that construction-or

by

Building Authority Sir, I would like to

Authority.

the

No. 7C Alexandra Building, made

n Magistrate sitting N Tenary Telbuint under Section context requires that section 18 The most interesting aspect, to 21 of the Landlord and Tenant er) is not applicable to companies as of the lesser stratum who trave

(1)

to pay outrageous prices for the privilege of living in deuotiu! these Jerry-built structures, is what is the Junction and purpose

Ordinance 1947,

"The Indijk:: of the learned Magistrite. It so far as they are relevant to this appen), ore briefly

fallowe

at all.

General Scope

Sur-

lar from the "Caucasian Skemanar

Claringt

ches" by M. M. Ippolitov-Ivanov,

Count -The

of Luxembourg" Frunz-Lehar and "Glanerous Nights Ivor Novello. The Or.occupation, and when he return-during the week-end included Mr. ed after the liberation he entered and Mrs. A. Wueste, Mr. and Mrs. chestra will be supported by four into an agreement with Shen for P. A. Ricker, Mr. and Mrs renting him/ the ground floor. Belcher, Mr. and Mrs. 1. Farbox, Captain and Mrs. A. F. Donnelly. solo artists including a Concerto by H Woods.

Shen paid $2,000 for repairs

and Dr. and Mrs. H. H. Preston, Mr. to the premises, effected

and Mrs. H. M. Cumine, Mis. Marina Morell, Messrs. J.. Niin- rental was fixed ut $200 a month.

Stopped Payments mons, A. Lyman, Mark iluss, M. Shen paid not up to December Jeun, G.C. Bayu, E. S. Heller, 1847, when owing to a disagree-L. D. M. Battoc, H., Hosti and G. E. ment with King, he stopped fur-Stockley. ther payment

The Orchestra will be under the conductorship of William Apps and the Orchestra will be led by the well known local violinist Victor Orloff.

The next rehearsal for the "I stort with the presumption

Arrivals from Indo-China oni under the interpretation Ordin of the Building Authority? Is he Hong Kong Light Orchestra will

In June 1947, complainant re- take place on Friday at 273 Ro- philanthropic, retired muster. "Messrs. Machintel's Limited,auce. I find this presumption is

turned to his fierbinson Road, at 6 pm.

Hong Kong and through sunday by Air France included who were the applicants before helped rather thon rebutted by builder who alts in

Transport will leave the Star his, solicitors wrote to Shen ask-Messrs. G. F. Miller, La Gla Vong. the Tenaney Tribunal and are the general scope of the Ordin-rendy with gratuitous advice for

ing him

to vgente, as he wanted M, Keay, La Fang-nan, and Chew tes this appeal, arce and of Section 18 in particu-such inexperienced or perplexed Ferry at 60 p.m.

the the respondents

for his premises

own Wel. were, of De cimber 25, 1941, the lar. Even paragraph 18 (1) itself foremen of works that care to

occupation. TC nu of Nos. 13 and

appears to suppert the presump-it? Or he a servant of the pub- tpants

where they tion because, Alexandra BuildMS.

when it uses the lie whose duly it is, aided by his had for many years carried on word *person'

connection with ntulons, to ensure that buildings constructed the business of Tutors and Men's the temporary tenancy, the con- once approved, are Wear Specialists

text does not ropear to require The landlords were the Hong the exclusion at companies and it Kong Land Livesinient Company, would be strange indeed if the Liitel.

word 'person' is used in different seases in the same paragraph.

During Occupation

the

of the approved materials and tu was them as safe and fit for habitation? I stand to be correcteil, out rather Inney the latter.

mote

or дге

r

Reminders

Today

Kowloon Union Church Women's

Guild meeting, 10 nm.

St., 11.30 a.m. Garden Lecture, YWCA, Duddell

Theu followed

Ammong those who left by Air series of ปี parleys between both parties at France yesterday for Indo-China Which Shen agreed to move out were Mra, Gisele Petit, Miss Peilt, If the landlord would find him Messrs. B. Winer, M. de Rozarlo, suitable alternativp accommoda-M. Degrond, M. Wong, and M. Uon. A Dat was found which Martin, Shen sald was multable, but later

not satisfactory. he told the complainant it was

•

1

The following weddings have been announced:

Mr. Edward Francis Hicks, In Nothing happened until Octo-

39A. Condult ber, when the two partier again urance Agent, of Shen was alleged to have asked Jeanne Alice Dahlem, en route met, and through an Intermediary Road, Hong Kong, and Mins Claire for a monetary consideration, into Hong Kong by ss. Andre Lebon. Mr. Eduardo Hugo Cruz, Tele Caroline Hill Road addition to alternative accomme- dation, before he would agree to graphist, 23

Waived Rent

move out..

ong Kong and Mis! Margaret Mary How, Telephonist, of 9 Taing Fang Street, Hong Kong.

It seems, then, not a little dis- "I find no words of express concering that people are living "During the Japanese Occupa-

of the presumption in houses which are in imminent - ilon, M. Mercado and Mrs. exclusion

Kovach, who were the opponents which the legislature could have danger of collapsing (and some of before the Tribunal and are the inserted if it hay desired. I car which have collapsed

12.30 the adopt a beneficial construction by collegsing) before the Building H. K. Rotary Club luncheon, Root

Garden, H. K. Hotel, present appelitals, became

that such ilscovers with the Authority drawing Alexandra

analogy tenonls of No. 7C Building

under the Lands De-case of an individual and den-bulldlegs were not erected to his Lecture on "Birds In the Garden"

of the Com-satisfaction! But perhaps it is no

Clarke, YWCA, partment of the Japanese Gov- Utying the return

by Mra. surprising than that many

Duddell St, 11.30 am. pany's officers for the Company's

newly-erected dwellings aro uch ernment.

"After the liberation of Hong purposes with the return of the

so obviously jerry-built and un-Football Referees necting, Fool

In December complainant ball Association Office, Prince's Kong, Messrs. Mackintosh's Limit-Company.

untutored eye. of a company as safe, even to the

The wedding of Miss Florence "To speak

wanted to dispose of the house Bldg. 8.30 p.m. ed were unable at once to resume

buyer wanted vacon! Marjorie Catherine Hoare to Mr.. having returned to the Colony myself saw a second-floor, veran- their business.

with no

general meeting, 601-600 possession and be accordingly Edward Maria Soares took place "The eviderte established, and when its officers have returned dah collapse in one of these new Tanah Merah Estates, Ltd., annual but the

came to an agreement with Shen at Rosary Church yesterday morn challenged. that they through whom it can re-open its structures-fortunately was not were without cock and all the business does no such violence to loss of ille and limb though un-

Reverend Father J. Merino, Q.P.. language in this fortunately without the attendant H.K. Rotary Club Lndles Day, to pay him, HK$30,000 and waived ing. hid

year's rent amounting to been the English European staff, who

officiated. publicity that such a phenomenon

$2,400. interned duting The occupation, particular context would

the pre-merited, Another new flat near

Mr. Percy Chen sald ho claimed and hurl to be re-ille me to hold that were unfi

Road which 1 created by the Inter-Prince Edward.

for the return of the $30,000 bald, umption

a. huge patriated.

the pretation Ordinance is rebutted. I viewed last week had circumstances

court for the roturn of the $2,400 Appellants were allowed to can hold that section 18 (1) is applica- cruck extending partly around two

and will take action in the clyli

my the first of its rooms. In response to ble-to companies and t

rent. tinue in occupation of No. 7C:---

exclamations of surprise the The learned Aingistrate found

und ground of appeal faits.

There

bullder blithely rejoined "Oh, you Lawn Bowls Open Fairs Quarter various

Finals, KBGC, 5 p.m. that the tenary of No. 7C by the appellants was placed on a regu- grounds of appeal, but it seems can get that repaired".

that many that Jugically the

I feel. therefore, Lar monthly basis by the Land to me

are aking Coming Events Investment Company in October ground to consider is that set out people like myself

"What function and purpose docs

TOMORROW 2945, but a cendition of the type la paragraph #namely:

ta contemplated by section 10 (1)

**I these

org

+3

on-

other

noxt

Marina House, 12 noon.

Hotel Root Garden, H.K. 13.30 pm. Bridge Drive, European YMCA,

West Lounge,, 8 p.m. heats, Victoria Recreation Colony Swimming Championship

-Club,-6 p.m.-

H Vacation Conditions (1) of

the Landlord and Tenant Ordin

Or-

JERRY,

+

Club meeting, Talbot House, 50, Macdonnell Road, 8.30 pmO THURSDAY

Y's Men's Club 1 menting, Roof Garden, H., Hole!, 12.45

the Building Authority serve?". Toe and it would be enlightening That there was no evidence on hear more about the activities of ance was attached to this tenancy, which the learned Magistrate namely, that they should vacate the premises when Messrs. Mac-could have found that the appel-that august personage

Floats, became tenants on the con- kintosh's Limited were ready to dition regarding vacation required resume business on the return of

officers to the by section 18 (1) of the their executive

dinance. Colony.

"In this case. the tenancy is Notice To Quit

alleged to have been partly ver- "When, on the return of Mr. bal and partly in writing-the

of a Director Meyer,

Messrs. part in writing being contained Mackintosh's Limited, that come in letters 3, 6 and 7 of the bundle parfy was in position to resume of

the Land Investment

to review the Jusiness. Company by letter dated July 26, evidence given by Mr. B.C. Fleid, 2046, gave notice to quit to the Secretary of the Land Investment appellants. That notice was held Company, and Mr. Mercado be by the learned Megistrate to be a fore the Tenthey Tribunal, Sir

ro-Lesile said: hotico complying with the quirements of section

18

(0.

Cert

"I think it may well be that, "He held that thereafter the in coves such ex this, the legisla

became statutory ture would have wished to assist Appellants. lenante, first of the Land Invest- the former tenants if it had been ment Company and subsequently

landlords creating realised that

ut Messrs. Mackintosh's Limited, temporary fentficles at allme who later obtained from the Land when there was low for the of tenants and when Investment Compony a monthly Tenancy of both No. 73 and 7 we landlords could certainly hipt] and thereby, became landlords of anticipato

that section 18 (7)

the appellan's and so entitled to would be enacted in its prepent take proceedings

under section

forth

might well be content to create the tenancies on a votatbly The first ground of Appeal taste and rely simply on the con- of the situation which a Faises, a preliminary point of law trol

give would

Willch it is necessary to decide monthly tenancy

the law and thềm. belorg considering

Tacts applicable to this particular "But however this may be, ad

caso. It Is

whatever vlows I may hold

CLEARANCE SALE

AMERICAN DRESSES ·

IN

COTTON,

RAYON & BILKB

From $40

-Algo

upwards.

AMERICAN SHOES & SANDALS

From $20 upwards.

PAQUERETTE

18-GLOUCESTER" BLDO

the strength of Messrs. Mackin-Kowloon Hotary Club luncheon, lash's moral claim, I must take the law mind it. Accordingly St.

of appeal succeeds this ground and the appeal must be allowed. with costs and the order of the Trūjugal set pside,"

On the application of Mr. Kan, in the absence, of Mr. Bernacchi, who is op holiday, Sir Leslie awarded costs to the appelants in the sum of $350.

Peninsula Hotel, 12,30 p.m.

Thomas Moro Association meeting, lecture, on "Ala gonish The Co-operative and Adult Education Movement" by Rev. Fr. Kevli O'Dwyer, Sat.

FRIDAY

Hong Kong Light Orchestra, ro- hearsal, 37B, Robinson Rd,

p.m.

"I think I'd like

a White Horse better than anything

WHITE HORSE Scotch Whisky

*A pleasure

one

Mr. Alfred Y. Hun, for the de- fendant, asked, for an adjourn nient for him to brief counsel, 'as

The bride, who was given away by Mr. Charles George Jack, wore of the same material, a dress of brown lace and a bat

After the ceremony, a reception was held at the Peninsula Hotel --- The couple will spend their honeymoon in Macao,

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mouth Made to At thin

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PRAWE

Dr. West Mirade Tooth Paste

MIRACLE-TUFT

Faup 3

Green Spot ORANGE-ADE

The Colony's Favourite Thirst Quencher !

Per 40 Cts. Bottle

It's A DÁIRY FARM Product!

THE HONG KONG JOCKEY CLUB

NOTICE TO MEMBERS Seventh Extra Race Meeting

Saturday, 25th September, 1048.

The First Bell will be rung at 1.30 pm. and the first race will be run at 2.00 pm,

MEMBERS' BADGES AND ENCLOSURE,

Members and guests are reminded that they and their ladies MUST wear their badges PROMINENTLY DISPLAYED throughout the Meeting.

NO ONE WITHOUT A BADGE WILL BE ADMITTED TO THE MEMBERS ENCLOSURE.

Badges admitting non-members to the Members. Enclosure and Club Rooms at $10. including tax are obtainable through the Secretary on the written or personal introduction of a Member, such Member to be responsible for all chills, sto,

Badges admitting to Members Enclosure will NOT be on ssie at the RACE COURSE

The Treasurers' Compradore Qilies will close at 11 am. Both and the Secretary's Office will close at 11.45 am. Offices at 1st Floor, Exchange Building,

A limited number of tiffius will be obtainable as the Club House provided they are ordered in advance from the No. 1 Boy (Tel. 27818)...

NO CHILDREN WILL BE ADMITTED TO THE CLUB'S PREMISES DURING THE MEETING.

PUBLIC ENCLOSURE.,

The price of admission to the Public Enclosure is $3 including tax for all persons including ladies, and is payable at the Gate.

Bookmakers, Tic Tac mop, etc. will not be permitted to operate within the precincts of The Hong Kong Jockey Clgh during the Race Meeting..

Refreshments will be obtainable in the Bestaurant in the Public Enclosure,

SERVANTS' PASSES.

Servants' passes will be issued to: Private Box holders ONLY, who are requested to distribute them with discriminä- Holders.pt tion and to endorse their names on, the passes. such passes are not permitted in the Morphers' Enclosure except for passing through on their duties but must remain In their employer stands

BY ORDER,

8. A. SLRAP.

Acts. Secretary.

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