1948-12-23 — Page 5

· THE CHINA MAIL THURSDAY, DECEMBER 23, 1948,

COURT GRANTS Stalin's 69th TEN SUMMONSES

COWIE APPEAL

An order was made by the Full Court yesterday that

William Henry Cowie, in his action for dam- ages for wrongful dismissal, be at liberty to say that he was not guilty of misconduct. The order was contained in a judgment delivered by the Full Court comprising Sir Leslie Gibson (Chief Justice) and Mr. Justice Wicks (Act- ing Additional Judge), on the appeal by Cowie against the decision of Mr. Justice Gould that he, Cowie ought not to be allowed to say that he was not guilty of misconduct.

Cowie, who was formerly o

Force.

Birthday

Moscow, December 21.

Martial Josef Stalin is 99 years old today. From all recent reports he is hale and alert, despite his graying hair and arduous life.

The newspapers did not mention his birthday, Thero were no flags and no public observance. However, the front pager of newspapers made the annual display of letters to Stalin, pledging Increased Industrial and agricultural output.—Unit- ed Press.

Shanghai Gets Four

IN RENTS CASE

l'on summonses in respect of breach of the Land- lord and Tenants Ordinance were preferred against Mrs. Haia Bluostain by Mr. A. J. 'Clifford (instructed by Hastings & Co.) on behalf of threo sub-tonants of 102 Waterloo Road, ground floor, bofora Mr. W: A. Blair- Korr at Kowloon yesterday.

The summonses alleged that defendant, represent- ed by Mr. Percy Chen (instructed by Ford & Kwan), received $300 os' rent from William McBride on April 15 and September 15, and failed to give McBride notice in writing as to rent payable by him.

Man Years Bryan Ernest Pye on April 25

It was, also claimed that de- fendant received $300 from

Or- "Section 12 of the shine Sub-Insperior of the long dinonce authorised the Inspector Kong Police; has brought an General to make such regulations action against the Attorneys he might consider necessary tor the general government und dis- the General, as representing

elpline of the Force, Regulations Crown, for damages for wrong-were inde under the latter sec- ful dismissal from his employ- tion and were

and August 23 as rent, falled in force at the ment in the Hong Kong Polico time of Mr. Cowle's dismissal.

to give on June 25 notice to The argument

In the court Chan #lin-wan, an unemploy-Pye as to rent payable by him, below on the point of low under et man from Shanghai, was and failed

to affix a notice considerations was devoled entirely sentenced at the Criminal Ses-stating rental payable by her- to the question of whether the stons yesterday by Sir Leslie self to the landlord and rents Board's decision gave rise ko 4 plea of res judienta in matter Gibson (Chief Justice), lo four to be paid by the sub-tenants. Defendant was also alleged to which tus already been Judiciallyyeurs' hard labour.

have received $250 from Cornells determined) and the learned trial

Chan was found guilty by Johannes de Graaf on May 31 as Judge held that it did do so.

Jury of four

and three

rent for a small back room for Not Final Decision wonen, on a charge of having, on month from May 28, failed to "In his hedgment, he also de- August 18, unlawfully andex notice as to rent payable by voted himself to the question of malleously wounded his former her, and failed to give Graaf whether the matter Was res Dancee, Tsing Pul-ining, with in-notice in writing as to rental pay- judicata. From that judgment, the tent to do ter Krievous bodily able by him, present appent has been lodged-harin. Mr. Bernacchi contending that the

Mr. i, Brennechi, instructed by Mr. Y. 11. Chan of Mesars, Two and Hodgson, a representing Cowle The Attorney General, nmuiated representative of the Crown, i repreented by Mr. A. Lansdale, Crown Counsel, asiat ed by Mr. L. R. Andrewes, Crown Solleitor

The judgment of the Full Court rends, in part, as toflows: --

The rat judge ordered that ceriaia posts of law should be get down for hearing aid digual kantore the trial of the issues of

fact raised in Ups netion,

"The particular point of law with which we are concerned is this append is manji by paragraph 4.of the amended Stitement u Defence which remia:

refers

decislun of the Bourd

"A plex

n plea

the 11

of reg

יקוד!

us ren

Before

there were three sub-tenants who paid the following rent:

Mr. and Mrs. McBelde occupied. for the amah, at $300 a month. En beri-sittingroom, with a room inclusive of electielty, gas, water, and all Roor charges,

Mr. Pye and a bod-slithroom and paid $300 a month. Inclusive. His room was titled by defen- she told Mr. Byron. dant's amah, according to what

Mr. Gratif bad a bed-sitting- room and paid $230 a month. In- up the room and also clusive. Defendant's amah cleaned laundry.

dki the

Correct Rants

Dead Man Ate Breakfast

A Hearty

I'escara, December 21..

An Italian,” 48-year-old Vencento Filolog, cerilfled dead 48 hours before and about to be buried, sat up at his funeral today and then collapsed at the sight of the coffin and candles,

Some mourners fled in panic.

WAS

Filotco

found ap- parently dead in a lonely mountain farmhouse near Pescara.

After 0 massage and medical attention he joined the doctor and mourners of what was lo have been his funeral breakfast,

Filoteo sald that he had dreamt ho WAS going through a beautiful garden to the gate of Paradise, but an unknown person turned him away-Router.

PRISON FOR BROTHELKEEPERS

SHOWING

A

TODAY

For keeping a brothel on the roof of No, 93 Lockhart tond, o woinan, Chan Mul aged 26 was

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At 2.30, 5.15

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the hearing of the summonses, Mr. Clifford applied for the complainants, Inspector day.

At the request of the solicitors F. X. d'Almada at Central yester- for further set of summonses to Byron visited the premises on or

Another woman, Tao Ping, aged be served on defendant.

Bince about June 25 tast and measured 42, was similarly sentenced the last set of summonses wer lasued. he said, defendant had testified Inspector

the floor. From his measurements, keeping a brothel at the roof adopted bullying

Byron, he No. 16 Ship's Street, tactice against his client by cutting off the gas should have been McBride $141, would say that the currect rents altogether, stepping the amah Pye $166, and Grauf $100. a grand total of $542 expenses u

fuspector Byron explained that month. he came to the figures by adding In reply to Mr. Chen, witness ($475), agreed that houses in that distric! Pthe principal rent

ielephone (817) and gas (390) and that scarcely anything more than electricity power and water ($45), lug the Japanese occupation and coolie's

wages ($10), average for had been extensively looted dur

the 20 per cent and the eight per the bare shells were left standing. cent on the amount expended on Further hearing was provision-

from working for him, and re-

moving the keys, and so mak- Ing the position Intolerable. Opening his case, Mr. Clifford

He was found not guilty on a question of misconduct Is

jcharge of having, on the not a

Name final decision on that question, date, unlawfully and maliciously binding on his client and that it wounded Wong Fuk with Intent cannot therefore give rise to resto do her grievous bodily harm. Judicuta, and Mr. Lonsdale con- The case for the prosecutinui 4. The defendant Ruys that tending that the Board's decision was conducted by Mr. A. Hootan, the plaintif ught not to b1! admitted to say that he was not and at, therefore, which is aut-15, Taylor.

is final and binding on the parties assisted by Detective Inspector D.

guilty of misconduct as set out ficlent to fumd In paragraph 7 of the Statement Judicala, of Claim beenuse of the Furt of the finding of the Board of En-only arise when more than one porting to achieve this effect were 102 Waterloo Road, ground noor, of res Juullents can be ousted If the regulations pursaid that the principal tenant of quiry which is fint as a motter Court has jurisdiction to decide entirely free froin ambiguity and was Mrs. Blustein. Her son. judicially determined and not the the particular issue but the effect were consistent with the statute Robert Bluestone, first moved into subject of apparel."

of Mr. Lonsdale's construction under which they were made. This paragraph

The premises in 1046 when the to would be, that the law bas de paragraph 7 of the Statement of carest that the Board, and only aro

"The regulations in this case place needed a certain amount of Clain whlets rends:

not free from ambiguity. repairs. the Board, S to have power to There is no provision which ex- Outline Of Offence produce on

Signed Agreement the question of pressly states that the verdict of **2. On August 12, 1947, the misconduct and has

given

Bluestone signed an agreement no the Board is to be binding plaint was held by a

ppeal from its decision Depart-

to the gards the issue of fact. There are 1047 on the basis that if he re- with the landlords in February mental Board of Enquiry to have rdinary courts,

sonic features int the committed the offence of conduct

regulations "IL is stated in Maxwell, Pth which, it might be argued, give paired the premises he would be cafculated to bring the public

elition at page 303 that if the rise to an inference that the decliven the tenancy at a monthly service into disrepute by whilst subject is deprived of his right

sion was intended to be binding rental of $175. a duly receiving She from Chantresort to the Courts of Law of

there are other features According to what Mrs. Blues- Yu-tong, a person with whom he his country, it must be by x-which suggest an inference to the tein tok! Inspector T.J. Byron of had come into contact the press ennetinent and not by by-contrary, but at least it cannot the Secretariat for Chinese Affairs,

law.***

be said that the provisions clearly said Mr. Clifford, the repairs After referring to the cases of create an exclusive

Jurisdiction were completed in May at the Paul y The Wheat Commission. in the Board;

cost of $24,009 at which late tie- 1037 A.C. 130

and

Chester v

fendant moved in. Although Mrs. Baterem, 1920 1 K. B. 29, the

Bluestein claimed to be in posses- judgment continued:

sion of receipta for the unly the right of access to the "These carer show how Jeal

spent, she did not produce any

In August, 1047, Robert Blues- dismissal from the Police Faree of England, and be it noted that, in decision of the learned trial judge the tenancy to defendant who be

ordinary Courts is guarded in "We are of opinion that the lore moved out and handed over

considering emergency legislation thereof, it is ordered the second case, the Court was, must be set aside and, instead came, to all intent and purposes, made in ume of war when the plaintiff be at liberty to say that receipts were still Issued in the that the the principal tenant although rent people may be called upon the he was not guilty of misconduct named of her so th

course of his duty requiring him

to apret vehicles that they were

in a roadworthy condition

"In order to

appreciate the significance of these two

para- graphs, it is necessary reter. bricly to the law which related, at the time in question, to the

officers of Mr. Cowie's rank.

"Section 16 of the Police Force Ordinance 1932 pied that it should be lawful fng the Governor, on the representation of the In- spector General, to dismiss any sherifice of their

more readily to make subordinate police officer for any llberties. refusal or neglect of duty or in-

Home

und

"Nor, in our opinion, are the regulations caristent with the Ordinance if they are to be taken ordinary courts. as ousting the jurisdiction of the

as set out in paragraph 7 of the constitutional Statement of Claim.""

sukordination or bronch of dix- Free From Ambiguity

cipline or misconduct or for any "Notwithstanding these contraventing of any of the pro-slons, the jurisdiction

decl of th

visions of the Ordinance or of any ordinary courts could, no doubt. revulalian or depurimental order made thereunder.

STAR

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