1948-12-02 — Page 3

THE CHINA MAIL, THURSDAY, DECEMBER 2, 1948.

JUDGMENT HANDED DOWN

DOWN Freighter Uses Freighter Uses DISPUTE

Bean Fuel

IN. TENANCY

Jüdgment was delivered by Sir Leslie Gibson, Chiof Justice, at the Supreme Court yesterday on an appeal concerning a tenancy disputo in con- nection with promises at 66 Kennedy Road, The appellant, 'Lau Chi-chal.. (d) That alternatively the push- premises were Wan represented by Mr. C. ton is that the Loseby, while the respondents divided into and let a separate alomestic premises after Velo-

Ho Kau-cheung and Ho Kalber, 22 1945, with the consent of choy by Mr. D. A. L. Wright the applicants and that, in these instructed by Mr. P. C. Woo. [eireamaitances, the provise to sezs Ulon 20 must operate in favour of

The gist of the judgment is the third opponent. as follows:

In the first place. It was no part of the third opponent's visa In November, 1047, the owners before the Tribunus that there of the premises, the applicants, had been a sub-letting applled to a Tenancy Tribunal for (with comment but, on the contrary, The eviction fees the premises his cate was that there hỉ biến of the principal tenent of the no sub-letting to him at all stree preinles and two ather per- the wIS a co-tenant of the first sons who were residing in the opponent, In the second place

house.

In the "Reasons for Applica *** 11 WIK stated, that the applicants had let the premises to

there be unt, in the grounds of the present appeal, bn v allegation that the Tenancy Tribunal ought ha have found as a fact that hers That been a sub-letting lo the

The Panansian freighter Cauopbar which atṛlved here yesterday from North Koren, using part of her bean cargo as fuel to enable her to survive the heavy seas en route.

Panamanian Freighter's Exciting Voyage

the Arst opponent oti the ist day third opponent with the comment of April, 1958, Thi! the irat

485 of the landlord. However, since opponent had sub-let the ground we heard belli Mr. Lereby chri without the consent in writing of Me. Weight on the merits of the the applicants on or about the our ease and since our deden on thUsing

Noor to

Vie

disponent

devision or Di

appeal is in favour of the appti- day of October, 1946, and that cants, we hase the fat opponent had sub-let the (the shevils, first floor to the third opponent

on or about July, 25 1847

| 12+

F

that

¡Exclusive To The "China Mail”)

soya beans as part of her fuel, another vic- tim of the prevailing bad weather in the China Seas limped into the harbour yestärday.

ominion aut She is the Panamanian freighter | clear trom the gvidester talten Chonbur, arriving from Shingisu, that her Kurth Korea, after successfully in the "Grounds of Opposition" before the Tribu lec on behalf of the third - Was a sub-letting from the protating seven days of stormy seas

en route to the Colony. trinesl

it this opponent to this third pellant

are rupadiy caar), it was stated that the nest but we

10 evidence whatever and third opponenta

"en-there was were tenants of the premises", tha The that ech sub-letting was with thed opponent was occupying the the consent of the applicants.

This appea) must Therefore he was occupying the ground for refused with custs. The vittim Will 12 and that the co-tenancy between of the third appament the first and third oppiment was

stayed for 30 days a matter of grace subject to pay pent if rent known to the landlord),

The Tenancy Tribunal held that up to expiration of the 39 day the second opament had become with 7 days from today."

first door while the first opponent

to asub-tenna! without the written comment of the landlord and innile an order for the reevery of the ground floor by the picants and for the eviction of the second oppement. The Tribunal upbell) the submission made on behalf of the third opponent that he was an swiginal en-lesant of

Dr. Temple Laid

To Rest

Personalia

Madam Wu Teschen, wife of General Wa Terben, Secretary General of the Kunanang, hus arrived in Hong Kong by air, ac

snpaniext by her son.

Madan Sun Fo, wife of China's present Premier. Dr. Sun Fo, has also arrived.

inspector 4.

First Court on The funeral of Dr. John R.

Orem, who has hen on two weeks' real leave, 110 Kowloon resumed duty at

Sub- Tuesday,

who Br51 (Temple who died at the Queen

Inspector J. Halden, pulisert for him, has been trans- Ivered to Kiauben City. at the Protestant

•pponent and, efairing to exercise Mary Hospital on Tuesday. al discret ronterred by the zee- tion, declined to make a ler took place

for the eviction

oppuneet.

of the thin cemetery yesterday afternoon.

Rev. J. E. Sandbach, ads test Fran this decision, the apply various clergy, oflrinted at cants appealed on the ground that the clapet and in the save lode, the Tenancy Tribunal had *> Among thuse that attended evidence on which to bunke Its were:

Bean A. P. Rose, Rev. finding that think opponent was Stevenson. Mrs. J. Minoni, Ren a co-lemant and that the Tribund and Mrs. Frank Short, Mr. R. was wrong in law in declining Mortenson, Canon S. P. 186, Rev to order the eviction of the first Wong Chunut, Me."J_ P. Ander and third opponents, The pre-son, Her. R. Koh, sent appeal has been tailged to this Court by the third appoint.Sabach, 12

Grounds Of Appeal

Mrs. and Mr. J. 11, Montgomery, Rev. R. Swam, itev. Findley, Mes. Pointing, itev. A. F. Elder, Mr. G. T. Padgett. Mr. Mr. W anel "The Grounds of Appeal argued 13oyd Jones by Mr. Loveby (for the third Sprague. opponent) may be summarised as follows:-

WEDDING

Mies M. M. Nichul, Mrs, R. U. Lopez, Messes. V. Lopez and J. M. Obeso felt Hong Kong for Mandla yesterday by Bu Hermelin

Departures frore the Peninsula

included Tuesday

Captain. and Mes. T. S. Behman, Me. and Mrs. C. Walton Koock, Mr. and Airs. 1. II. Kendall, Mrs. Alfred Loh, Mr. and Mrs. C. H. Woo, Hutchinson, II.; D. Messrs. M. Cledhill, P. Brewer, D.. Benson, and N. Silva.

.

Among the arrivals at the Peninsula on Tuesday were Mr. anil Mrs. D. M. Hoagland, Mr. and Mrs. H. E. Pratte, Mr. and M. Hallows, Me, and Mrs. Tom 0. Guston, Messrs. J. Todd, N. Ozman, P. Kreill, W. A. Moore, W. F. Barnes, J. C. Hurden, and R. Biong,

Leaving the Korean port on November 22. the vessel, which brought 500 tons of cargo, includ- ing soya beans and peanut oll, met batt weather when two days ut, rch.

Throughout the rolling and pitching over high sens, the Canenbar was shipping water all the time. Owing to poor Korean bunker coal, an officer told the "Chian Mail", ship steering was hod.

To gain speed, the master ot Inimest the permission of the owners to use some of the bes to be mixed with the coal as fuel. From November 27, beans were burned ng fuel until the arrival of the Canonbar here, he said.

Meeting strong Northerly gales, the ship, owing to low speed and

had to drift had steering, about an hour

speed,

CAL

i

Willis, Granted Stay, To Start Restaurant shall look round for suitable preshises to start

a restaurant whore I con sèrve tóftöälimönt and liquor, as well as have à danco band,” said John Willis, 57-year-old former American seaman, when sôón by the "China Mail” ybs- färday,

Grateful

Mr. Willis, whose continued Irunths ago for a restaurnut, but stay in the Colony on a tem-new he would inve to give it up porary permit had been sane. and tool for inolize site ku more ttoned by the Governor, was in suitable surroundings This empty shop at 51, Wal Ching Street. Youmati, busily

Asked for his reaction to the engaged in packing up furnt- ture and other belongings. decision of Gives Ament allowing He explained that had been [hips fo, stay, Mr. Willis sald hi unsuccrsatul in obfelping a liquor fwès grateful. Alter off. he said. licence for the premises which he was left on sltiig up in the were among. Chlaese tenements. restaurant Lusinosk In

Ilonk

Kons He had rented the place five which was something after, his heach, and it petpiltted to stay he would like to make his home here, "Shice 1924, whom I served on The President #lips, I hnd.bven ta Hong Kong one every 45 days, and when after the war deckten to nive up the sen ch need' ;' ihealth I simply came ashore here and wanted to regard it was Golden

y second home, and spend my China Fleet Club. 8.30 p.m.

remaining days in the catering business,” said Willis, Kowloon Rotary Club meeting,

John Willis, veteran of talk on "The Order of World Wors, landed here from the Jobn

Bunes, by Mr. L.

American ship John Harrington Peninsula Hofel, 12.30 p.m.

Men's Club of Hong Kong from the inmigration Authorities two years ago without permission meeting. talk on "Days, of Decision" by Dr. Katie Woo, and was expelled to Macno. He was subsequently allowed to re- Cosm

Club, 7 p.m.

Reminders

Y's

Today

Gloves Tournament,

H.K. Realty & Trust Co., Ltd.,enter on a six-month permit.

Extraordinary General Meet

ing, 11.18 a.in.

European YMCA Presents "Mr.

Faint Heart", West Lounge, 8.45 p.m.

Indian Education Welfare As50- elation meeting, Mr. A. R. H. Esmail's office, French Bank

dg., 5.80 p.m.

H.K.

Coming Events

TOMORROW

10

Sequel To House Collapse

There was another sequel to the house collapse at Austin Road in July last, at the Kow- Toon Magistracy yesterday.

OLI

25.

A1

Chinese Medien) Associa

Chan Kip of the Hop Shing tion Social Evening. Luk

|Buliding "Contractors, 128 Kilung Kwok Hotel, 7.30 pm.

Street, was stimmoned before M). Diocesan for

Girls School Speech W, H. Latimer for having. Day and Prize Giving. ut various dates between July without steaming

School hall, 5.30 p.m.

1847, and January 15, 1948, Exbibition of Painting by Mr. M. 41-57 Austin Road carried out

G.

Wong, Hotel Cecil. work which was not in ассог- Chaler Rd., 10 a.m. to 1 p.m. dance with plans by, not

for Bishop Hall, St.structing the walls with comment

Recep's Cathedral Hall, 4 p.m. inorlar, or time mortar.

The master took two chances route and succeeded in bring- Ing the Canonbar safely to long Before Kong, the officer sokf reaching Anoy, they decided to call at the Chinese port for bunker gual, Bit when off the port, they took a chance for Swalow. They St. Look

another chance for Hong Kong and by-passed Swatow,

At one time the Canonbar was thrown abreast of the gates for nearly 30 minutes without steer- ing speed.

[19

The sen, however, grow cabner sho approached Hong Kong waters, the informant told the "China Mail."

No damage was sustained, anel none of the crew was injured.

During the rough voyage,

the fortunate ship was

to have the winds

behind her, and the Canon- vns making

an average of eight knots officer sald.

and third opponents but that, ot been anneninced of Mr. Douglas Mrs. 11, Vogel, Mr. and Mrs. R. bar was most of the time, an

(a) that there was no evidence of a co-tenancy between the first the other hand, the third oppon- ent became a sub-tenant of the first opponent with the consent of the inndlord.

(b) That the third opponent was no party to the illegal sub- letting by the first opponent to the second apponent.

The forthcoming wedding has Gerald Hewitt, of Asiatic Petro Jeum Company, Ltd.. of Lython House, Kowloon, and Miss Marie- Antoinette Francoise Dubuis, i 5 Qoogn's Road Central, top floor.

Mr. C. G. S. Follows, Financial Secretary, and Mr. J.B. Grifin, (e) That under section 20, the Attorney General, resumed their Tenancy Tribunal has an unfet- seats at Legislative Council yes- tered discretion in making an terday on their return from leave. order of eviction and that it Also bark at Council was Mr. rightly exercised the discretion in M.M. Watson, unofficial member favour of the third opponent In representing - the the circumstances indicated in Justices of the Peace, (a) and (b) above,

been on holiday.

NOW THAT

YOU HAVE NOTED

THE DATE

MAKE YOUR

Unofficial

who had

RESERVATIONS AT

Mrs, M. J. Boylis, Messrs. L. A. Tipton and A. C. L. Gasper lett for Amoy and Keelung yea terday by the s. Szechucn.

Mr. and Mrs. J. Scott, Messrs. F. G. M. du Costa and E. J. Nelson arrived in the Colony from Japan on Tuesday by the ss. Changle.

DECEMBER 1948

10

X

FRIDAY

SENNET FRERES

PEDDER STREET

LE BAL DES VOLEURS

By JEAN ANOUILH ·

CHINA FLEET CLUB

Bola

UNIVERSAL LANDIS BROTHERS & CO, CTO.

f5, Quoon's Road Tol. 38609-

Built in 1910 at Ardrossan, the 706-1on freighter originally be- longed to Australian owners.

She measures 185 feet long with a 32-foot beam.

Mr. A. Berg is in command pf D crew of two Norwegions, a Dane, a Portuguese and 31 Chin-

csc.

271

(01-

H.. Light Orchestra rehearsal, Mr, George Fish of the BuiR-

Robinson

son Road, 6 p.nting Authorities Oes said stat a very important Patrick's Society of Hong the case was Kong, annual

inual general meet one, and that the offence occurred

Itoom, ing, Jacobean

HK in July during the rainy season. The houses collopred, and we Hotel, 5.30

are bringing up the contractors Diocesan, Girls School Bazhar for using inferior materia's."

p.m. SATURDAY

by

formal opening Matthews, 2.15

2.13 p.m. Exhibition of paintings by

Mrs.

At the request of Mr. Marcus du Stiva, hearing was cert Joy Mr. Wednesday, January 18, 1949.

M. G. Wong, Hotel Cecil,! Chater Rd, 10. a.m. to 6 p.m. Ex-Gunners Roll of Hong Konga St. Barbara's Day. Cocktail Party 60 to B p.m. H.M. Dockyard Recreation Club Supper Dance, China Fleet

Club.

BUNDAY

HK. Art Club Sketching Party, in New Territories, assemble at Kowloon Star Ferry, 10.36

Exhibition of paintings by Mr. M.G.Wong,--Hotel---Cecil, Rond, 10 a.m., to 6 p.m. Classical Concert, Toe H Club, Talbot House, 50 Maclennell Road, 8.45 p.n.

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