1949-04-23 — Page 2

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SOLE AGENTS FOR HONG KONG & CHINA

POLICE AMBUSH TOLD IN COURT

Evidence on police ambush hi Clearwater Bay Road that re- sulted in the arrest of two men alleged to be connected with the Diamond Hill Store armed robbery on March 24. Wan heard by Mr. Blair-Kerr at the last session of magisterial pro- credings against eight mun.

Defendants committed were Tee Tim-yim, aged 25, Ty Chu-dg Kwai, aged 27, Law Chol, aged 30. Chung Sum, aged 25. Wong Yuk-tun, #god- 41, HoKwal Cheung, oged 22 and Chung Yee, ared 23.

They faced respective "charges of robbery in the Dumond Hill

Store, Kowloon City, during

which the proprietor Bin Konr and his wife Fong Chutm. wore wounded by gun fire: They were also charged with being in posses- ston of arms without ifcence and

properly. Prosecution witnesses brought DSI D. H. Taylor, OC, CID Kowloon City. conducting The

receiving fo

Atolen

by

stated that the first two de- ed were o

slopped by polico are found! ninbush and on them" were packages of cigarettes affeged to to the loss suffered by Filter

the robbery.. the store during the

police investigation re Further sulted in the arrest of the

various parts of the

fro

ity.

Ngau Chi Wan" in Kowloon to Pokfulam on the Island. The defendants then brought pollee to where three guna were: found hidden. One of these wea- pons we slated by an expert to The Fart of commission hit Cha others had been fired recently,

nid the same expert.

All through the hearing. the defendinin declined from crews examboing the witnesses, electing to reserve thch defences for the Qual.

Charged With Taking Bicycle

A student of the Ifseung Wei

Viddle School

who rented a

hievele from the So Kee Bicy cle Shop in February and did not return it, was charged at Kowloon yesterday with stea- ing the bicycle by bailee.

Mak Hang-ming, aged 19, was arrested when he was seen by Chan Ki shop-keeper · of the bicycle shop, on Thursday ut Wellington Street,

the

As

Defendant said that he had solri ibleycle which was valued at $100.

for $50,

defendant's sisters were present in court, Mr. J. Wicks ordered them to pay the shop kepper $100 as compensatioh.. ·

Defendant was ordered to be banished from the Colony for ive years.

Brothel Keeper Sentenced

For keeping a brothel while principal tenant of No. 32 Tang Street, second floor, Chan Yen, a woman, aged 32, was sentenced to three months and fined $250

another two months by Mr. F. X. d'Almada at Central yesterday.

or

The premises was rirtel on April 22 and the police found six girls and 19 men.

Leung Mel-li, another woman, was similarly sentenced for being the keeper of a brothel and at

|

THE CHINA MAIL, SATURDAY, APRIL 23, 1949,

Get Vaccinated First

6

30424

Because of smallpox epidemics in various parts of Interior China at this time of the year, passengers leaving Hong Kong by, the Canton-Kowloon Railway are required to be vaccinated, Picture shows people queuing up

station in Kowloon. ("China Mall"

Reminders

Today

Scottish Dance, European YMCA,

8 p.m. to 11 p.m. Tasigue soccer matches Garrison Players present Teni Little Ningers" Misalong Seamen Institute, 8.30 p.m. China Provident Loans and Mor-

Lake Co., annual meeting, Jacobean Room, 12 noon.

e. the rallway photo).

Judge Scholes Welcomed At Supreme Court

that

Judgment Delivered In Tenancy Case

Judgment was delivered yesterday in favour of the Mother Superioress of the Canossian Institute, respondent in a possession dispute, by the Full Court comprisingatho Chħf JúzHề, Siv Leslie Gibson, and Mr. Justice Williams, Puitna Judge. ›

Mr. Eldon Potter, KC, counsel for the appellants, Ping Shek and Karel Weiss of the ground and second floor respectively of 34. Caine Rodd, announcedi after the judgment that he 'might apply for leave to appeal to the Privy Council.

:

The Canossian Institute, the owner of the premises' under dispute, were represented by Mr. D. A. L. Wright Instruct- éd by Mr. B. N. Cooper. Mr. Eldon Potter, KC, represented the appellants, on the instruc- tions of Mr. M. A. da Silva.

"The confering, by the Legis tufe on the Governur-in-Coun ell of a power in exceptional clr- cumstances, la deprive a statutory tchant of his rights by such unit leave bin to his contractual right:"

not a modification of the Land- kind which we can hold to have lord and Tenant Proclamations of bern outskie the contemplation of the Legislature, when it enacteri the Ordinatice and we are not

ut

prepared to read into the Ordin- thee words which would exelni!

The appeal was the result of an oriler exempting tite preinises from the provisions of the Land- lord and Tenants Proclamation of 1945, which was grunted by the

words which are not there. Govenor-in-Council on August }, 1947, Qut August 21 and 22, the ture may well have contemplated

"On, the contrary, the Legisl appellants were given Holke to qult. They refused to comply.

thut, in the conditions, prevailin D3 as the Colony got back to normal, before the Court the Proclamations of Ure British The Issue

Administration therefore was to test the validity Millery

which of the order.

were not repented would require Sir Leslie Kolfcations from time to time, and may well have been prepared,

Giving Judgmûnt, Gibson, said in port:,

"The defendants Wire monthly in those conditions, to entrust to tenants of the plaintiff and had the Governor-in-Council the task been given notice to quit.

"The Ismie in each betion which is helevant to these appeals was Order whether the premiyes were Ordinance, exempted from the protection of

of making much modifientions. We are therefore of opinion that the

was not ultra vires

follows that these appens

MOTHER PLEADS FOR HER SON

Mr. Justice A. D. Scholes, Acting- Puisno Judge, former First. Kowloon Magistrate, was wel- comed to the Bench by Mr.. B. A. Bernacchi at the Supreme Court yesterday before the the Landlord and Tenant Pro- must be refused with costs at commencement of a Tenancy Appeal.

cinnations of the British Military we so order." Adminstration which came into Mr. Bernacchi told the Court | grounds

the Tenancy being after the Japanese occupa that as it was his Brst occa- Tribual was wrong in ruling that tion of the Colony. The actions slon that he was appearing in under the circumstances existing were heard before Mr. Justice of the hearing in Reynolds who held that the pre- St. George's Day Wreath-lying a case before the new Judge, at the time

ceremony at Cemtaph, am. he would like to weleume the hardship was shown to have been mis

mises were so exempt and gave suffered by him. Opening of Chinese Catholic Club

Judge to the Bench und tu

After both Counsel had brought gent for the plaintiff in both by Mgr. Valtorta.

wish him alt success.

actions. It is from this decision Society of Hong

forward their cases and had sub-st the present appeals have Engineering

Mr. Join McNeill, who appear-mitted legal arguments in support been lodged. King, visit to the HK Rupeed for one of the parties in the of their contentions, hearing was Works and Chilna Can Com-ispute, associated himself with adjourned until June 10,

On the

restoration of civil pany. George's Dance at Hong Kong atter which Mr. Scholes express-

government in Hong Kong, the the remarka of Mr. Bernacchi,

Landlord and Tenant Proclama- Yacht Club, Kellet Island,

thanks to

siens were preserved by the Law ed his

Counsel,

Amendment Ordinance, 1946. The dispute before Mr. Scholes

"In pursuance of this the Gov-gil, Tsang Sum-mui, his fellow is an appeal against the decision of a Tenancy Tribunal

ernor-in-Council, on August 1, tenant, with a bowl. which Issued an evictión order ngains! the appellants, Chan Ying-fat and another occupier of 248 Cheung- shawan Road, first floor.

St.

Boy

Scouts St. George's Day Parade, Botanical Gardens, 3.15 p.m.

Coming Events

Root.

HOTEL CATERER CHARGED

1.

An old woman pleaded before Mr, Hm-shing at Centrul yesterday to send her son to an asylum.

"My son is mentally dernug- ed." she said.

Tso To-wing, wus charged with assaulting a young

The son,

1947, purported to exempt the

On Thursday, when complain- premises which are the subject of art was cooking in the kitchen these appents.

:

Line Of Argument

A

Tsui Tam calèrer of the

at 400 Lockhart Rond, defendant Peninsula Hotel, Kowloon,

and his brother came in. TOMORROW

The appellants are represented stood before Mr. J. Wicks of

quarrel started regarding who Classical Concert, Toc II Club, by Mr. Bernacchi instructed by Kowloon

should use the fritchen, During yesterday on Tulbot House, 30, Macdonneli Mr. F.D. Hammond... The res

two "As regards Mr. Potter's first the quarrel Tse struck complain- summonses of falling to notify. Hne of argument, he originally ant with a bowl. Road, #30 pin.

pondents Law Mee-you: of 25 without reasonable excuse, the placed considerable reliance on

She was sent to Queen Mary Talic on "The Hentle Pharoak" and 250, Cheungshawan

where six cuts were by Miss M. J. Stuart,,Euro-second floor, the landlords of the Commissioner of the Inland section 5 of the Colonial Law Hospital pean YMCA, 8.30 p.m. appellants'

are repre- Revenue Office, that he was Validity Act, 1005, which enables found on her right eye. premises, HIK Art Club Sketching Party, sened by Mr. MeNelll. Instructed chargeable wihin 14 days after the Colonies to make faws re- she was ofrald that defendant "Representative Legislatures" in The victim said in court that members to assemble at the by Mr. Y.H. Chan.

the expiry dates of July 15, Kowicon Star Ferry, 10.30 The appeal is based on the 1948 and April 15, 1949, with specting

ther

constitutions, would beat her again. grounds that the tribunal had business profits tax for assess was that, by implication, the say anything, defendant replied:

powers and procedure.

are. His point Aslied whether he wanted to no jurisdiction to make an orment for

the years of 1947- der Section-20 of the Landlord 1948 and 1918-1949.

Legislature of Hong Kong did not "No, what else can I say." and Tenants Ordinance for un

this authority. In the course He WAS

sentenced to one Defendant was represented by of the hearing, however, authorised sub-letting when the

Mr. month's imprisonment, Mr. A. S. C. Comber and same was not asked for on the prosecution was conducted by Mr. decision of the Privy Council, as

the Wright drew attention to

tion to a recent grounds of application.

C.W. Norris, Acting Assistant to the construction of section 3. Appellants also claim that they

The decision of the Privy opportunity to Commissioner of the Inland Re were given no

Office. raise any defence thereto. They

Council was not entirely without further claim that they have a As the court considered that avall to Mr. Potter because he Food defence under Section 20 there was not sufficient evidence was able to point to the follow- and by acquiescence on the part against the defendant,

ing passage in the judgment of Lord Held.

B.ITI..

Y's Men's Club picnic, at Castle at Jordan Peuk, assemble

Road, Ferry Pler, 10.30 a.m. Reelial of Recorded Music, at St.

Andrew's Church, 9.30 p.m. George's Day Speetal Servico, St. John's Cathedral, 11 8.m.

St.

IT COSTS LESS

TO BUY TICKET

Corps

the some time belag the principat Sung: Kang, aged 40, of the tenant of No. 41 Lower Lascar Royal

of Signals wks Hoad. Eight girls and 19 men charged before Mr. Hin-shing Lo were found on the premises.

at Centrul yesterday with evad- Ing entertainment tax by oc- cupying a seat at the Shaukiwan Theatre without an admission ticket.

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vente

of the respondent to the sub-monses were dismissed." Tetting.

A cross-appeal was brought forward by the respondent on the

JARDINE,

MATHESON

DECLARES

DIVIDEND

On April 2, a party of police i Jardine, Mathieson and Com checked soldiers in uniform who pany, Limited, the General Agents altended the show without tle-of the Shanghal and Hongkow kets. The police spotted de Whart Company, Limited, "stated fendant.

When defendant care yesterday that the Board of out of the Theatre he ran away. Directors, have declared a finu He was later arrested at the bar-dividend of liK$2 a share for the racks.

year 1940, subject to confrma- Captain Crods of the Royalton at the Amual General Meot- Corps of Signals, testifying, sald Ing to be held In Shanghai on that defendant had always been May. 20. 1949. a good soldier.'

The Shure Transfer Books will Sung WITH

or Ained HK$15 seven days imprisonment.

us ‘eforest from May 9 to May 20

· 1940, inclusive.

the sum

TO RE-EXPEL ALMS-SEEKER

A woman, aged 78, chargod with begging for alms,, was ordered to be re-expelled by Mr. J. Wicks at Kowloon yes- terday,

have

St. George's Day Celebrated

St. George's Day, which falls today, was celebrated in Hong Kong with a dinner party "Mr. Pofter, putting his case

given by Colonel E. J. R. Mit- at its highest, contended that, chell. President of the Hong

1

by section 3 of the Orphance, the Legislature had turned the Kong St. George's Society, at Proclamations

Jacobean in the First, the

Room, Hong Schedule Into Ordinance, and Kong Hotel, last evening. that any attempt by the Lépik- Among the official guest, was fature to provide for any the Governor, Sir Alexander amendment whatever of an Grantham, Ordinance by the "Governor-in- Altor dinner the party repaireri Wong Lau, born in 1871 In Council must be bad.

to the Lee Theatre, which had China, was arrested on Thursday

been reserved for the occasion, to at Nathan Rond near Austin "We find it unnecessary to ex- listen to half an hour of band Road

Dress any opinion on this pro- musle provided by the Band of the Inspector J. Orem said that deposition because, in our views, it Buffs, followed by the screening fendant had a previous record is founded on a mliconception, of | of the film "Spring Song", and was ordered to be expelled the position. The Proclamations from the Colony,

in their origin, were something "It was thought that because of very different from Ordinances, her age she would not return to They were Proclamations of a the Colony that appartsally she milllary admistration called did," concluded Inspector Orem: into being in the turmoil, follow at St John's Cathedral at 11 am.. Defendant claimed that she was ing the re-occupation-a type of fut which Colonel, Afftchell i wll! not begging but was asking

from n read the first lesson, and Colonel man to give her an orange. Legislature under civil govern Dowbiggin the second Jenson."

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"We turn now, to Mr. Potter's of argument which is second The of that the

Thin morning" Colonel ". Mit- chail and members of the Com mitted will lay a wreath at the Cenotaph.

Tomorrow a service will be held

ST. GEORGE'S

DAY PARADE.

The St.

corge's Day Parade of Boy Scouts will take place at the Botanical Garden (South West of is ultra vires the Albany Rood) at 3.15 p.m. today. The Governor will arrive at that we 98 pan, Turing the Parade the scope of Scouts will re-affirm the Scouts' ("

Orargued, that'

not

regant

the

+

section, 8 restricted by the long Promise.

title because the Ordinance dedi: with a number of matters and the Legiplaturo could not hope to cover them all, in the long titjo. We agree that the long title docs not strictly cover all matters deált with in the Ordinance...

Contention

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Potter's Next contention *Wón that, the effect “ör: the-loha

limit the scope of Hec- "Lace

(atióni kepti njivo jas

query for the new yummer shirts, blouses. Falliga men mus thear wall as skirts and dresses,

the comfy Profet Panting, 12.50 pair up. the Oranianed. When ou Beriala iure enacted, the Or Pedal Pushers dinger, arpathos, presomed

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had decided which Prdelenitions

Mr. Potter's construction of thei

wished to keep alive, THE EVERGREEN

*jusdalida~to: "wet “des foncé) and for Fall:the modification; of the Pro- clamations 'which were necessary.

300 Nathan Road, Kowloon

V