1949-04-09 — Page 3

Page

THE CHINA MÀIL, SATURDAY, ` APRIL -9, · 1949."

Page #

CANOSSIAN INSTITUTE TENANCY CASE CLOSES

DAVID N. JONES

Advertising Executive Arrives

Submitting that the Governor in Council bad not

exceeded his power when he issued an order of exemption from the provisions of the Land- lord and Tenant Ordinance, Mr. D. A. L. Wright.addressed the Full Court yesterday on behalf of the Canossian Instituto. The Court, comprising the Chief Justice and the Puisne Judge, heard an appeal by two tenants of 34, Caine Road, belonging to the Canossian Institute, who contested the validity of on order issued by the Governor in Council exempting the premises from the provisions of the Landlord and Tenant Ordinance.

The tenants, Ping Shek and that much more accurate in Kure! Weiss, represented by dieation of the intention was to Mr. Eldon Potter, KC, instruct take Into account the circum- ed by Mr. Marcus da Silva, stances attending the passing of

the ordinance. had opened their case on Thursday.

The respondent in the

Superior Mother Canossian Institute, vented

WAR

the action, of the repre-

by Mr. D.A.1. Wright, structed by Mr. B.N. Cooper. Mr. David N. Jones, Vice-Pre- Opening his ease for the res sident of Grant Advertising, Inc., pondent yesterday, Mr.

Wrigh! arrived by Pan-American World; Always from, the United States yesferaay on world tour.

said delegated power did not in- volve my alteration in the con- stiutional practice of this Colony. In England they had gone even further to the extent that power is given even to ameul statules. It was quite inlen vires by the

Many of the new orders were passed In 147 unprecedented situation following the end of the (war, with no intention that they

shouk the statute book.

remain permanently

"Very Interesting Arguments"

on

Mr. Wright then cited varlowe measures promulgated after the reoccupation of the Colony.

One of the executive members of Grant's International Division stationed at New York, Mr. Jones Is 02 three-month Inspection stature to delegate this which about be placed on see-

of the branch offices of his company in the United Stutes. the United Kingdom, Europe and the Far East,

Chief object of Mr. Jones' tour is to strengthen the system of co-ordination of the many bran-

chyst

power,

Dealing with the interpretation

submitted Me, Wright,sion 8. Mr. Wright said the Court who added that they would have must construe it in the light of to do something for more drastic the circumstances of the situa

to say that they had contravened tion prevailing, and they should the constitution of this Colony. not go beyond the issue involved

"Even if the Court thought that in interpreting this section, section 8 was ultra vires, the The case concluded after Mr. King, by not exercising his Potter rephical to various pointy of disallowance, had, rulsed by Mr. Wright in his

arguments,

Mr. Jones has visited San validated the act," submitted Mr. Francisco, Honolulu and Manilo. Wright

since his departure from New York on March 18. lie is due tal lence on Monday to continue his world

four. He

expects to bei buck in New York by the mille of me.

Kowloon Roads

To Be Closed

runa

It was otherally and yes- terday that the Governor proposes to arder the closure of Campbell Road which

from Argyle Street to Shus Yuet Kung Rond: the portion of Shui Yuet Kung Road which runs from Mission to Campbell Road; and the por- tion of Rau Pui Loong Road whtel runs from Parku Rond to Shui Yul Kung Hond.

Counsel's View

"Assuming that section 8 uitre vires, did the Governor in! Counell, by the issue of notifea- tion 300, exceed the powers grant- ed him under section B?" Mr. Wright submitted that he had not, but had done only exactly what he was entitled to do.

Regarding the

interpretation; of the ordinance, Mr. Welght said one could not attempt to extend the meaning, and he argued that the order of the Governor In Council was with In the meaning Intended to

given to the ordinance by the legislature.

be

The two judges express their indebtedness to counsel for the very interesting arguments they had put forward, and said they would reserve Judginent.

Factory Proprietor Cautioned

Dr. J. Calvent Clarke, (second from left) of the Chine Children's Fund incorporated ar-

Dr. Clarke was met at the air. rived here yesterday by Pan American plana from Manila port by the Rev. E. W. Baetz, China Director of the organisation, and Mr. V. Milla, sentative for North China, Japan and Korea. ("China Mall” Photo).

HK Businessmen Visiting BIF

Twenty Hong Kong industrialists and 13 local businessmen and visitors to the British Indus- tries Fair will leave for the United Kingdom on April 20, it was officially stated last night. The industrial and commercial delegates from the

Colony will fly to Southampton by the special BOAC Solent aircraft which is expected here during the coming week.

Two of the Colony's 22 in- dustrini delegates have already left for the United Kingdom by other aircraft. They are Messrs. T. S. Wong and Teh Chi-kuen of the Amoy Can- ning Corporation.

The industrialists, all members the Hong Kong Chinese Manu- facturers Union, who are due to leave on April 20 are Messrs. U Tat-chee, Managing Director of the Hong Kong Preserved Ginger Distributors, Limited,

who will head the Hong Kong Delegation the is also vice-chairman of the

fong Kong BIF Committee), Ip | Ping-huen, S.C.

finted

Tang of the Rubber

Works, Lai King- yon of the World Light Factory, bow Chung-ting of the Chow ស័ក្ក Ngai Hing Wearing Factory,

Cho-kon and Chang-ling, Chiu Chlu Kaiman of the Nam Jam

The proprietor of the Hong Kong

and Textile Supply Manufacturing Company of NKIL 2797 Un Chau Street was cautioned and dismissed by Mr. A. D. Scholes at Kow- Mr. Wright further submitted loon yesterday when he stood that section 8 could not be the before the court in answer to subject of Investigation by the two summonses of falling to Any person objecting w the Court. It was definitely the inten- proposed arder must send in the tion of the

have railed off dangerous parts legislature to grant

of factory machinery and with Factory, Lee Chi-hua of the New objections in writing to the Ce-such power under that section. lonial Secretariat.

The preamble of the ordinance operating an unregistered fac- Asiatic Chemical Compitny, C.C. Objections must reach the lid not give a reliable guide as

Yin and Miss Florence Tung of ufflec of the Colonial Secretariat to the intention of the legislature,

The proprietor was represented the Dah Chung Industrial Com- not inter fum April 23.

P.J. went on Mr. Wright who added by Mr.

Griffiths and the puny. Mrs. Yu and Me, V.M. Ku prosecution

conducted by of the South China Ten Corpora- Labour Office Factory Inspector tion, Hsieh Ku-cho and Wong Ti- 5. Gellatly.

sen of the China Casing Com- Mr. Grifiths said that his client putty. T.C. Cheong, T.H. Edgar had applied to the Labour Offee and Mrs. Edgar of the Garden for a permit to operate his fac- Compare, H. Tsang and Y.Y. tory and the permit was granted Chan of the Union Metal Works. provided that the factory ob- served the conditions Laid down by the Labour Office.

Judgment Reserved

In Tenancy Case

tory.

WAH

As his client intended to alter

His

cx-

Judgment was reserved by Mr. Justice Reynolds, his factory for domestic purposes, Additional Judge, yesterday on an appeal continued Mr. Grithe, he harl against the decision of a Tenancy Tribunal with the plans which both parties approached the Labou Ofice with regard to promises at 522, 524, 526 and were studying. 528 Queen's Road West,

client has showed operation in order to comply with Appellants

the Chik bunal, Mr. C.Y. Kwan had taken Offee. The prosecution had pre the requiremonts of the Labour Yip Construction Company of the case up for his clients. 522-4 Queen's Road West, and before the

hearing.

Mr. Kwan ceeded with the case while dis had notlited them that he would cussions were still going on.

"This is purely a technical case not not

}

welc

pany, represented by Mr. B.

But

Impressive Ceremony

At Sai Wan

the Lap Fong Industrial Cum- be appearing for their as he and the defendant did not wilful D. W. Groos, DSC, held a.) A. Bernacchi 'instructed by Mr. had not received any further in- ly neglect to comply with the re-

M. A. da Silva.

HMCS Crescent,. destroyer of A contingent from the

the Royal Canadian. Navy, under Lieutenant-Commander

ceremony at the Sai Wan Mili-

memory of their comrades in the Royal Rifles of Canada and the Winnipeg Grenadiers who died in the defence of 'Hang Kong.

structions. His clients therefore gulation or register," concluded tary Cemetery yesterday, In applied for

adjourranent. Mr. Griffiths. an Tenancy Magistrate.

The Hon. Leo d'Aknada which was overruled by the Castro, KC, instructed by Mr. P

ents.

L. Lam, represented the Ip Tak

Mr. d'Almudia told the Court Company Limited, of Prince's

that the Tenancy Magistrate wos. Building, second floor, respond- right in using his discretion in cofusing the application for nd- Jourment. Only in every rare. drcunstances, he submitted, should the Court of Appeal rule out that discretion,

Appellants, who had been 69-| ponents at the Tenancy hearing, are appealing against the deci- sion of the Tenancy Magistrale en the grounds that it was against the weight of evidence and was wrong in law.

After legal submissions by both aides, Mr. Justice Reynolds re- Borved his decision,

CONSERVANCY CHARGES

Rosary Church

Fund Donations

ropre.

Aberdeen Residents Hold Meeting

Tenants of 14 bulidings in Tang Shing Street, Aberdeen, orderad to move out within three weeks on the pround that the principal tanant had violated the sanitation galations, ard considering

what action they can take,

was A meeting

hold on Thursday night at which it was stated that if they fail to settle the matter an appeal * will be made.

Police Coup In The N.T.

The others will include Mr. JB, Kite, Secretary of the Hong Kong General Chamber of Com- merer, Mr. and Mrs. Lambert Livol and Flap W. Yung and Swing Yu of Tonley and Com- pany. Alex Kwong of Alexandra James and Company, W. Bailey pany, Y.M. of Roy Farroli and Company, Vu of Yung Zung Peppermahit, Dankel Ku of Shai Hing Company, Chang Yiu-ching of Shun Kee Company, Shum Chuy-sang of the Overseas Chinese News, Chend Tsi-man of the United Publicity and Advertising Bureau out to be a big armed robbery and Miss Diann Kan artist.

Colony's Youngest Film Star

The youngest, leading star in Yung Hwa Studio's latest filmi The officers and man paraded on the Lolo tribes in Western from the ship to the Cemetery.|China is 13-year-old · Niu Pengi The ceremony, which lasted about an orphan.

20 minutes, involved the laying of two wreaths, of which one was The boy was described by Mr. presented by the Captain, and Otto Preminger Hollywood direc the other by the Junior ratings, were ro-

tors, as a "natural actor". Before

A number of donations to the Rosary Church Parochial Hall Fund from members of the general public seived during the week by the Honorary Treasurer, Mr. H. A. Silva.

Patronas

to

wał

Appellants claim that the hear- ing at the Tribunal was not a

A short but impressive service coming to Hong Kong the lad proper Judicial test of merits, an

was conducted by an Army padre.took part in four films at Pelping. that the Tribunal was wrong n

A guard of honour was main-

A native of Tlentein, Niu Peng holding that by an agreement of

The estimated cost for the con- tained in the Candlery with arms

lost both his parents and June 6, 1047 appellants had in-

struction of the hall is HK$75,000. reversed until the Canadian flag brought up by his eldest brother. tended to deprive themselves of

Contributions received date was lowered at 7p.m.

Possessing an amazing memory, the protection of the Landlord and The new conservaney charges amount to HK$39,389 09. Detalls

Niu Beng learni to act by watch Tenants Ordinance of 1947. fixed by the Urban Council of the donations follow:

They claim in addition that the recently are now enforced. The Paris Foreign Miacions Bociety.15,000.00 Tribunal was wrong in holding now rates, published in the #perlat Benifactor that a case for eviction had been Government Gazetle yesterday Spanish Domiulean Procication... mude out, and had not considered follow: the legal points involved of active asseta und estoppel. The Tri-foot contour): HK$15 à monti bunal, they doctore, was wrong payable in advance (pro rata for in holding that the grounds of any number of pane in excess of Dossible forfeiture were goodthico).. grounds for eviction,

Hill District (above the

Urban

Mr. LE. de Lys

700.

His Ellisbeth. Wong

Dr. Y., Tarix

300.00 600.00 100.00 T00.00

Bendry Dow

the Glimte de Rousa (2nd Inet.) Bir Robert Ho Tank

100,00

240.00

100.00

Districts (The Island, Mr. and Mrs. C.M. da Bilen

50.00

100.00

50.00

10:00

25,00

*

Mr. and Mri; CJ, da Newm

Mr. Jorge V, Ribeiro Mew, Griselin,. Remedion

Yesterday, Mr. Barnecchi, told Mainland): HK$40 a year for a the Court that at the hearing of dar (Domestic pramison); and Victor MATTIAK the dispute at the Tenancy Tri-HK$48 a year for a pan (non-do Mr. P.R. Alwa

mestic premiss). The charges be.” V.M. Atlanin are payable in advance,

The Yu Ping P. A charge of IIK$4 a month will | W,^G.TGV, Nišvirs he made In respect of domestic Anonymo

"SPEED" 10% DDT

INSECTICIDE",

POWDER

killa roaches, waterbugs, ants, black carpet beetles, bedbugs. fleas, lles, silverfält,

Obtain.

direct, from

1-lb., cannister

and non-domestic premises pro- vided the Urban Council's mervies is for a period of not more than six months.

GOLD SEIZED

A total of 620 taals of gold was

from your drugslares today, or ordered by Mr. Hovskine ko to be confiscated at Centralvestari day, ou, the application of Ravanaud Inicacior Hun planey C almately HK$100,000 was found

RELY CHEMICALS

Bala. Helbutars

Ryan: Itt Dational Bank

do

<l>

de

+10.

do.

Collected byt

• C¦ˆ Y, Z. ́ ́A.

Mr. Haris Domes

Mian Elzabeth "Wóng

Prosside of mBig Trer's Danes, - Chlível Bag Colletiseta-

The gold, valted at approprial of Fanden 29.3.49-

Rayang on TWINE

在多

Thu

MASTER FINED

What may well have turned

somewhere in the New Terri- lories was neatly nipped in the bud when the Police effected the arrest of one man at Talpo Road on April 2, and found a German Luger pistol on him.

Before Mr. Blair Korr at Kow- loon yesterday, Chu Yan, aged 28 was charged and convicted on the count of being in possession of arms and ammunition.

Detective Sub-inspector Tyler, prosecuting, told the court thai)

de- Information obtained,

was stopped at Taipo Road on April 2,

rom

fendant

He was carrying n Back of charcoal at the time. After a search by the Police, the pistol was found wrapped up in a piece of cloth. Dut upon examination, the gun was loaded with Avc rounds of ammunition, ready fo Bistant use.

Chu pleaded that he was given the gun by a friend of his and tld to sell it to persons Just out- side the border.

Inspector Tyler said that in- quiries have been made but the man could not be traced,

In- formation also indicated that de- fendant was to meet a number of aimed men "and there is rou- to believe that something on

Bon

a big scale may have happebad

in the New Territories," added

Wake Up Sleepy?

SMOKIES

AT

BREAKFAST ·

WILL BRING YOU

ΤΟ

LIFE!

SMOKIES ARE WONDERFUL FISH

YOU TRY SOME!

THE DAIRY FARM ICE & COLD STORAGE CO.LTD.

HONG KONG

KOWLOON

HONG KONG SCHOOLS MUSICAL ASSN. FIRST FESTIVAL COMPETITION

at

DIOCESAN GIRLS' SCHOOL

(By kind permisalon of the Headmistress)

on

FRIDAY, APRIL 8th, 1949

(9 a.m.-12.30 p.m. and 2 p.m.--4 p.m.)

and

SATURDAY, APRIL 9th, 1949 (9-1) a.m.)

OPEN TO THE PUBLIC

D. B. M. BOARD,

Hon. Secretary.

Guard your eyes well -at the first sign of the eye strain, get right glasses, if neces- sary, from the expert opticians

CHINESE OPTICAL CO.

67 Queen's Road, C.

Tel. 23366

THE HONG KONG JOCKEY CLUB

NOTICE TO MEMBERS

Easter Race Meeting,

Saturday, 16th and Monday, 18th April, 1949

There are twelve races cabhi day..

The First Bell wit hei

Mr. Tyler, when pressing for a very serious view to be faken of | rung at 11:30 a.m. and' the first zace will be run at 12.00 Nankr the case.

each day. The tin interval, is' after the fourth race (1303 1.2.)

Through Numbers 124 Kaces-$48) may be obtained at fliek Office of the Treasures. lat Floor, Exchange Building, King, tickets for the special Castí Sweep on the last race of the second? day, as well as those for the "Landau Handicap" to be run' al the 6th Race Meeting on 21st May 1949: Tickets in ilas Spe=fal} Gash Sweep on the last race and those for the "Lantas Handi-, cap" may be purchased 'sho at; the club's Brunch Office, Noz 382 Nathan Road, Kowloon,

Addressing defendant Mr. Blair-Kerr expressed the opinion that some evil- use was to be made of the gu He sentenced Chu to the maximum penalty of three years hard labour and re- commended him to be departed.

Kowloon Land Sale

A piece of crown:land, .7,307

MEMBERS' BADGES AND ENCLOSURE. Members and guests are reminded that they and Chaltă indian MUST wear their badges PROMINENTLY. DIEPLAYED, througout the Meeting.

NO ONE WITHOUT A BADGE- WILL- SE- ADMITTED TO THE MEMBERS' ENCLOSURE. ¦

Badges admitting 'noa-members to the Mesohárs' Sudiosüné and Club Rooms at $10 each day including tax are obdalary Ing others. He would stand, for square feet in area went to Mr. able through the Secretary on the written or Srsonal data-d hours in the Peiping film studies. Howarth for $737 In an duction of Member, sdels Member, to be responsalia fun, at and imitate the atjors and auction sale at the Kowloon hits to,

Badges admitting to Membèrit Kinciozura» will' actresses as they paraded before Magistracy Building by Mr. Jate as the RACE COURSE the catadras,

Barrow, District Commissioneri 4

New Territories.

A fine of HK320 for every pas- senger carried- in- excess wnd-im- posted on the anaster of motor At the age of ulne, Nu Peng Launch, Tal Wy (M52T), owned made his first film appearaned and by Mr. F. Baker.

bis Jast, before joining. Yüily Hava, "In addition, the master was or- in dered to pay a fine of HK$100 for almed in Pelping.

"The Holy City," which was carrying 19 more passengers than | ***

is allowed by his licence, Total He says he is happy in Hong fines amounted to HK$280.

Kong and wants to stay here, Hi Fang Chuen, the master, WH ambition' in 'life? To be a star: 50.00 charged with the offence at the Nol He wants to be a plott

100,00

100,00

Marina Court yesterday.

180.00

190,00

10.00

100.00

$0.00

100.00

A reward of HK8500 is being

QUARRY THEFT

40,00 offered by Mr. R.A, Webb of the

180,00

Tald

17.06

MADAME LI IN HỒNG KONG

·BOT 'bé"

The Treasurers' Compradore (Office and the Secretary's of will close at 10 am, elelf' dày...... 'The land is situated at the six- Both Offices' al. 1st Floor, Exchange Building: mile stone on Trip Road, near A limited number of titilos! will be obtainable at the the Kowloon reservoir. The con- House provided, they are ordered' in advance from the dition, of the sale requires the Bay (Tel. 21818. land, to be used for housing pur- NO CHILDREN WILL BE ADMITTED TO THE ́OLI poses.

: PREMISES DURING THE MEETING,

PUBLIO ENCLOSURE. Mr. Howarth, who -architect, is planning to build .c self-designed

cottage:

TICKET SCALPER

For

unauthorised selling

cik back to the Kwanging ongilta) { Wentor

1.

of

The price of admission to the Fubile Eticlorure- each day including tax for all persons Including ladied, payable of the Gats,

Booklisters. Tie Tac men, etc. will not be përpiti sperate Within the precincis of The Hong: Kang Jadh during the Rhon Meeting.

Refemiments will be obízikable in the Restaurant in rublia. Enclosure,

{ SEMJANTS' FASSES, Bezvania, saates: will be inged to Private ONLE, WHERE Frequested to attribute them with

China Supply. Company Limited Madame, L. Tuong-fen; wife of two third class raliway tickets af: for the recovery of equipment re- the Acting Prvaldurt of China $18.00, Chou Ping-shing, aged 20 140.04 moved from a compressor on the strived la Hong Kong from Can was fined $250 or two months

21.00 nits of his quinjry, lust above Kal ton on Thursday and is due id ay imprisonment at Kowloon yes- tion and to endorse their names en niet paa

KULÁŠ, DANICE. ROUNDË mermilled – in the Members On Thursday ev

evening, unknown today, says Associated Prima

J. Orem said that copt for systów, drown" on ühelerdeki "ATENS 12 Persons carried off 16-liorae-

stands. defendant had twe previous con-;] in their employsit ............ 10,019.29. DÓWIĄ carbilnétior, a magnato, e Madame. La is reporter to have victions for the same, offence.

call and an oil muge from the tried to filli Exile elements, fa the| Deferidanti wie

arrested on 129.235.00 | nite InvestigationsTM are pro- Colony beaind hot bahd' | Thursday in front of the Kowloon

coding,

"peace programme

|THITWay""StatiON":