1949-05-12 — Page 3

1

COURT SETS ASIDE HOTEL CONVICTIONS

Holding that the appellants had no guilty intent

ger.

when they submitted the Return to the Quar- toring Authority, the Full. Court of Appep! yesterday sat aside convictions against the Hong Kong Hotel, Mr. F. C. Barry, Managing Director and Mr. J. H. Ehrlich, Hotel Mana-

The appellants had been found guilty on Febru- ory 10 by Mr. Hin-shing Lo of Central on summonses alleging that they had made a- false Return to the Competent Authority under the Price Control (Hotel Services Re- gulations), 1946.

The Hong Kong Hotel and Kong Hotel Both were at the Mr. Barry at the Lower Courte permanent residents in Hong had been sued $1,000 each, Kong and Government servants. ond Mr. Ehrlich $500,

The Agpent Court comprised Str Leslie Gibson, Chief Justice, and Mr. Justice Willluns, Puline Jucife

Mr. Elton Potter, KC, and Mr. 11.G. Sheldon, KC, were for the Rents the instructions of Apa

|

"The Crown_submits that the whole of the Crown's case turns upon the trite position of Dr. and Mes, Davis," Potter said "I

entirely isotrec.".

He went on to declare that t was clearly

fnet stashed in thal 1. and Mrs. and in law

The

transient Aravellers.

Mr. H. A. Wadegon, of Deacons, Lavis ble plea for accom-

Mr. A. Heaton, Clown Counsel. assisted by

by Mr. J. Moore, Assistant Super attendent of Police, was for the Crewn

Opening he Case, Mr. Polier mentioned

that r

Barry an Mc. Curlich garded the charges bud magistrate's fadings as

የኔ utmost gravity". Counsel state Who was found guilty of mak

fulse statement or if he -ryusutiable

that any

one

| modation in February, Counsel euntinued In April, 1848, Mr. Hurdley what meting es Quarteting Authority. On May, 30, Mr. Potter salt, Mr. Ehrlich was manager of the Peninsula Hotel, but was moved to the tiong Kong Hotel 19 from June

etc.

HK Dollars Recognised

Canton, May 11, * The municipal govern- ment today nolly got brounds to recognising the Hong Kong dollar as on acceptable medium of ex- changé in South China.

It announced 'n subsidy of JIK$30 per month pay- able to all government em- ployees to help offset the increasing cost of living. United Press.

THE CHINA MAIL, THURSDAY, MAY 12, 1949.

Shanghai Filipinos Calmly Stay Put

| Filipinos în Shanghai are taking the looming war threat with Oriental stoicism and thus far very fow have left the Chinese metropolis.

'my wito

Those who were born and playee at the United States Navy, brought up in China and with who was bom there. business or properties there

re reluctant to leave in the town-Mantis--with

"I am returning to my honc face of the Communist mili-and two sets to start afresh." tary advance. They harbour the 40-year-old Filipino declared. hopes of Red recognition of

Mr. Mendoza their neutrality.

remarked that he regretted having to leave Shanghal where he had Boryed to the futernational,Corps and auction in different military risc, including the Japanese oc-

Two families, totalling 10-per- ons arrived bere yesterday abourd the Filipino motorship Turk's Hend in route to Manila, where they will have .10 start Supation,

from scratch again,"

"Food can be obtained now it "The Philippine Consulate at you have the Gold Yuan, notes Shanghai has has so far mado to dish out. But there is a no plan for the mass evacuation Yumour that food would be very of Filipinos," salu Mr.N.S.unicult to procurt in the very Mendoza, former" "civilfanı

em- near future," the evacuee said.

Town Planning For HK

(Continued from Page 17'.

The result would probably be that the comprehensive de- tvelopment plan would finally be approved, with a proviso that it should tre brought up for review every five years to see for future conditions would warrant amendments or alterations.

On Juar 4, Mr. Eardley, actink) on insinu finns from the Colonial Sovetary, sent letters to 91 hotels

ithin was quite a new around for knowing. Cełny, malung for partien- that the statement was false most lars regarding the number of rearus in Cavk hotel, the prices for view such a charge with the ut- must concern.

cavit.

"On receiving the letter, Counsel stated, Mr. Tarry not being quite clear as to what Mr. Eardley wanted, asked Mr. Ehrlich clarity the pusition. The matter was deu-sed, and Mr. Ehrlich eventually sent the necessary In- formation after consulting Barry.

Mr. Putter stated that not only rust such a statement be mute with criminal intent, but the Crown must prove guilty intent in this connection.

Counsel went on to say that the Magistracy, Mr. Sheldon hau

to entiere the felt constrained

nature and conduct of the pr?! evdings in so uberlain way. " shail do so here, my Lord," Mr. 1 utter declared, He went on

to say that the criticisim they were alistit to level was not netuated by the fact that 1hey were

representing a Inc

very

and Impurlant corporation.

Hopponings

|

causer loss to the curers and developere of good property in the slum arous, and bollave owners of decent properties will Le only too glad to co-operate with the planning authority in malataining property values in the Colony,"

Among the arrivals in Mirs, Magiolenn M. Garelo, Japanese wife of a Filipino, musician, who went there 10 years ago.

Born in Tokyo and speaking Buent English, Mrs. Garcin sald hat most of the leading dance hails and night clubs had beel requisitioned by the Government resulting in the

unemployment

of any Filipino musicians.

The requisitched premises pre cing used as military billets and headquarters by the Nationalisa troops.

She is going to Manila for the first time with her husband and four children.

Monter of the Turk's load is

skipper.

The Turk's Head in due to resume her journey tomorrow.

TwoDoctors Fined

Auken what he thought the people coulft' do about it, Mr. Dark lied they could interest ilea, themselves in, ghd support, any Mr. Parle uro, Insofar as effort for the publication-01-Sir Thomas, voterm Filiping.

long "Kong: was concerned, but Patrick Abercrombie's report and the the new planaing Jegisintion in Englaffe It had been standard practice for "Rome. 12 which Sir Patrick suggests. months, and by and inrgo liad

Mr. Dark then dwelt on how been running very smooltity.

Asked if this suggested plann-lern cities should be planned Mr. Dark salt today. He suid modern ideas had g was urgent,

Kong it was certainly Civen up the practice or zoning, lurge the which tended to sterilise urgen problem, because

areas and nd no Rexibility o Colony was

rapidly becoming a

The modern city with a population administration in practice. which had risen to two millions new thought calls for a proper On August 31, Mr. Ehrlien was less than three years and its grouping of all the functions of

society. with a development had become a mat- surprised to be servett

of theter for urgent consideration, He went on to explain who breach

unlis were. Mr Dark was optimistic of sup- neighbourhood summons Regulations No. 75 : that he hail

umit is a group al/mitted false

port from the people in any town neighbourhood statements,

within a town with all social The

tered falsity, which was planning schɩnie in Hong Kong. the subject matter of the charge,

the rates showed the

way

ቲ)1:43

Summons

to

Jor

an

Mr.

resent, they had put $20 for permanent residen?

Future Development

There is no lack of capital seeking investment here," he said, "but business men would like to

A.

Reminders

Today

Kowloon Rotary Club luncheon,

Peninsula Họtel, 12.30 pâin. V's Men's club of Hong Kong. fincheon Roof Garten, HK Hotel. 12.45 pm. RAK Association luncheon, Jaco-

cun Rooni, HK Hotel,' 12.451 Exhibition of paintings by Mr.

George Chann. St. John's Cathedral hall, 10 am. Kowloon Union Church Ladies'

Guild meeting, Helena May Inflitute 3 p..

Chinese Relorm Associations flirt Committeo meeting, Hulel Ceell. 7 p.m. Inter-Services Anal, boxing cum-

pionships. China Floel. Club.

Coming Events

TOMORROW

HK Football Association

.

Emef

gency Sub-Committee meet-! ing, Lo and Le 'office, Alex- andrin Bldg., 5.30 p.m. Women's Section Club Morning. European YMCA, 10 nm. BUNDAY

IIK Art Club Sketching Party, members to assemble at the Jordan Road, Vehicular Ferry wharf, 2.30 p.m.

Toc H Club, 'Classical Concert of Recorded Music, Taibot House, 50, MacDonnel Road, 8,30 pin.

Shanghai Now One Big Market

The streets of Shanghai have been converted into a market- place.

According to reports reaching here yesterday, tlie elty's streets are thronged with people trying to borter or sell merchandise. Many factory employers,

un-

to pay their workeers in

mpney owing to the cash, shortage at the cid of the mouth paid them in the commodities which they

Now

the were manufacturing. workers are trying to rid them- selves of the excess merchan- dise.

A large number Anding conditions have closed down.

The charge room of the Pullçe Station, could not haveable been very important to two Chinese doctors. For the two medicos continued their qubb- ble there even after the Police facilities for its from 6.000 had said that they could go.

It would contain Before Mr. Blair.Kerr yester- 12,000 people.

Yan-kong, aged 22. lequate playing fields for childby; Man

with disorderly dren; open spaces, schools, shops'ud Tanng Wal-man, aged 32, cinemes thestre perhaps, were charged civle centre, and a certain amountchiduct."

imdustry-in fact They were each fined $23, and service de of the lines of future At the time the letter was geni

for six over In $125 everything which go to provide bound Mr. Eardley, Mr. Faller con-

velprent before they invest hy tinued, neither Mr. Barry nor Mr.

-lustrialists are ning to a full social life to the habitants months.

Inspector J.. Evans, told the Ehrlich was aware of the exist-the Colony From all over Chinnur this group).

the court that defendants ence of Dr. and Mrs. Davis.

bry muse of the order and stability

arrested while fighting on Pht- which reigns here. They are also

Linger Street.. anxious to prepare for the flood of orders which they hope will result from the present visit of, contain residential units, that is the long long delegates to the units for residential purposes from which industry was barred, ond BIF.

which would not be subjected to heavy traffic, thus cuting down

14r. Folter then made referistead of the daily charge of $24 rence to happenings between Ja day for a room for a permanent September 1 Inst

Mr. when Fartley, Quartering Authority a the time, sent a hotel inspector to the interview Mr. Ehrlich after ས་་ Zatter had already been server with the summons. Counsel als raentioned subsequent visits by the inspector, and two plain clothes Police ofllcers.

Mr. Potter asked in this con nection as to what authority 11. Eardley had in bringing

two plain clothes policemen into the matter.

Despite the fact that only this

ene authority was quoted, M. Potter declared, the mugistrate

hotelr were only "gentlemen's

After" further submissions, Crown Counsel arose and put forward his case, in the course of which he submitted that it was clear distinction between tran stent and permanent local resi dence. He dether submitted that

Kisw

"There is also a question of the

Residential Units Esch neighbourhood unit would

were

"All the way to the station they argued in a noisy" squanei and continued in the charge room.

When the police decided that they could settle their own dis- civilion the men pute by

the position was the same when public utilities such as the electric celdents and danger to children were discontinued to be noisy

permanent

turn

F

were

realdanto In

By

of

facfors

In the

But they from

so the Police had then arrested and charged. "That quieted' thôi, for only one of théik could pro- duce the bail money. The other was detained.

Fined $500 For Careless Driving

A fine of $500 was imposed,

on Chan Tim-sung, aged 21, for care- less driving which resulted in

to express the death of op unidentified

"All this"may seem án

Mr. Putter referred to Mr. Shelton's numerous quotations of

the sak letter was written.

light and power companies whe

to or returning going authorities in sitpport of his con-

fransient. that meant possibly to not want to embark upon any tentions that, the Crown hurt made

hore who were passing through supply schemes until they have school. It would also enable the residential unit to be quieter, a The Colony. no case at all in the Magistracy

some indicatiers of the lines of

least as regards traffic. In spite of these he added, the

This M. Hoezon continut, this development plan.

There is a necessity for proper Crown had quoted no authority was brought out by some of Mr.

Wharfage and duck facilities at all, except an Oxford Diction-Ehrlich's evidence, showing that need expansion. And there is the grouping of these neish arhad ary on the question of position he had understood it.

Star Ferry Company

which has units around the main city centre wh.ch should be carefully planned between an inn-keeper and his

There was no doubt, he sold. had to holl up its plans for ex-. Ruests.

that Dr. and Mrs. Davis wore pansion because it wanted guld-Uy experts in layers, in value of tance as to the policy of Govern-property, in architecture and in so that the city centre, sociology Cotony. He therefore submitted ment. that it followed that the Re- "And we have also the trame would reflect the full dignity and found the defendants guilty as

submitted to the Quar problem which is making the prosperity of the city as a whole, 'charged and delivered a 34-page

centre of the city almost impass- and would thus give opportunity by Mr. Blaf Kerr tering Authority was false. Judgment. It was his contention

It was his

Crown able at certain hours of the day for the best talents of the elty submission,

be divorced to be various arts trad that

was Counsel declared, that one must Fhis proch development which the said Judgment wholly erroneous.

give

transience its normal die from the fresh Continuing, Mr. Pater tid the Lonary meanings. Taking into is taking place continuously with-

tie dream to you, but nevertheless Chinese. Court that throughout the whole material times, the ratcy for the consideration the fact that they in our urban area.

were living

"Therefore, in the Colony,

these it is actually taking place in Lon-Sub Inspector Howarth, prose- taking all

caling, fed that a car driven le consideration I am of don liday," said Mr. Dark, who, bs Flying Officer Fennell, RAF, and the shortage continued, agreement." This agreement, he accommodation, and the lice, Mr. the pinion that the time added that on the South bank or said, was that, for ersons who Hooten suzmitted that it did not considered reton on town plan the Thames at Westminster there with two other passengers in se were treated by the Hong Kong malter whether Dr. and Mrs. uing for Hong Kong is ripe," were now the beginnings, of is were witnesses of the accident.

Reading out a statement made very far-sighted, plan to Hotel management is permanent Davis, were travellers or way-added Dark.

the rates charged

"And whal about housing?" the centre of London one of the by a witness, Inspector Howarth guests.

said that defendant's car, a baby. Gull rooms were $10 a

show places of the world. For day.

Mr. Dark was asked. luger 100ms the rate was $21 a

This would be done. in time for Ford, was rounding a bend com- "Housing," replied Mr. Dark, day.

a Intimately connected with the 051 exhibition in the Festivo Kowloon from the direc duy

In the case of transient

suberculose. The known death Britain, said Mr. backup

In Fuplar and Stepney. rgely travelling guests, he continued,

rate la 60 persons a week, but the matter was treated different

nobody knows how many pro- blitzed slum areas of Londo e ly. The rates, in addition to being In the course of his judgment,

had contracted the idential units Have been planned ple who different, also depended on, the Sir Leslic referred to the letter

disease wers perhaps Lingering and are being built in time for visitors from overseas to see them Jocations of the room or special of June 14 written to the Hong

Dowhero. Kont

management, Hotel

had left Hong Kong and

In 1051. died! services required.

charges made concerning the case

"If this can be done in a time -Isiduo in many cases to

of The charges themselves, he said,

after tremendous Austerity, It was thus clear, Mr. Potter did not allege falsity, in editions, and town

malnutrition and to housing con-

planning is losses suffered during the war in wast on. that there was no legal clearness, and as a result, concerned with housing

..the

condi- Britain, I firmly believe that n oblation on the hotel to take in

Crown was

pseud

to supply ony particular person or persons partiqulars.

particularly in the slum similar effort would meet with tions, areas of Wanchal, Konnéty Town, Lecess in Home Kong wherelle at any particular rate

It seemed the Chief Justice

recovery is envious to all Counsel stated that, unti

continued.. that the only possible and parts or Kowloon. All these rate of happy proceedings, basis of the allegations of falsity places are breeding pots for TR comers," said Mr. Dark. they had not the slightest in the Retuin turned on the exact Therefore think that proper dility with any Government Interpretation of the word "trange the under-privileged

No Legal Obligation

thoso

4

for farers.

Decision

an-

concluded After Counsel had hm case, Sir Leslie Gibson sounced that he proposed to give his derision ut, chce.

and

Mr.

le absolutely. essential if. Th officials in any way, Quartering lent" in the letter of June 14 Authority or otherwise,

Bir Leslie, continuing,

sald Colony is to become ha prosperoun that in the Court below there and healthy as it should be

made certain chalgia cinta. Couridel in this cour

'court had refrained

In Feliciary. 1938, Counsel stated, Dr. and Mrs. Davis appiled. for accommodation at the Hong

SUMMER STRAW

Just received from Americh,

nire

were

them.

frem

mentioning||

Conditions

"Although, housing conditions

make

Refugee Kids In Tsingtao

Fifteen thousand refugee

tion of Clearwater

When

The Ford was fat fast speed and on the wrong side, continued the statement. defendant saw witness's car, he cut to the right sid An old mon walking in the same direc-

defendant's chr

พลัง travelling was knocked down.. Witness stopped his, car and with his friends, went to give help.

Defendant's car then returned and the moh was taken to hos- pital in it. The man died from head injuries suffered in the cident.

The youth had his licence suk- pended for one, year as additional penalty in the convictioți.

No Inquiry Yet On Ship Mishap

The -Chinese passenger

ustvetten' ` uf · · Inezpenalra! · but practkä, covering very extensive powers are tho chances of securing bat- } food and ciglume “representative to the sinking--of`:the Portu

aliww 'hats forc

'Chlidren

ut the law," He added. Whether or times of comparative prosper for Taingwo, was obliged to closesterday for the".fltst":"Urbo. |

in the slum areas aro Bad, and Children in Tsingtao today This it mentioned, would be the problem, may seem Insoluble face starvation." "STRAW HATS for Summer Shadegdist the Interest of justite, Sirint limen, it should be remembered Unil recently the Children's steamer Helang Hsing, Which Leslie declared "The regulationstat many of the houses are Emergency. Fund of the United was involved in a collision,

provider with the Masbate off Foo Erniete or obsolescan. ThersNations Organisation

for them. How chow last February, which led: Goverment

ont officials must-

conditions in sed in accordance with the spiritter irving

these over, the'

Wand

guese freighter, arrived here Iklown' the office proceed to not they were to feed in this are not tool dim

Except for the nexty, "painted care, Sir Lalla said,

"I believe that under new legts-Shangtial last) "Intion along the lines of the 1947

what will happenplates off her port,bow, whird in, "I don't know day. Leslie concluded by storing it would pay. Olla fold the Chips Mail when to collision, there is no longer any English Act it would pay, finan-to thom now the reppresentative four foot-hole was made is the eren cua modern lines, AT, de pussed through Hong Kongites- Indication of the damage, formerly

think tha

any terday en route to a new astm ficted on the Chindro ship.

"There har Deon no to death

Ladies (wide, hr{m}

Teenagers (ewwboy)). Men

Als for Rammer, the picomary

Hand” Düchsk mad · Bgadký

'all' aliów, from $1,29,

Ktryč, Aleve (Upade, Fish, plc,)

Band Bout and Spadi

3-1 Garden. Hos and„Jake.Bet Kakkar Beach. Dalšu (U.), A.).

Paper maps A slita ja apsora. Pisatié šlamé Ter“Beach; Une

THE EVERGREEN 800 Nathan Road, Kowloon Phone 09042

would

that large companies lindin

eyes of the Court the same rights:|: Bha abilities as lidividilo)s," He ordered the convičtion', Fotpaluc

HK ART CLUB PARTY

bele af tapfikihi: "Pe-f} menti gi tenantika But the fo regarding the Incident utyl

development. Th

**** plus! milin' thingala" („quitess of SA

to convince the bufills that continuation of these slum sundi- tions is not only unnecessary but"|

ATO

Mahy are

North Arani.wo hayo.

actually wastefùji, ¡I much of the Prese.astima-

aland is not boľng'utiliséʊ tɔ'iù

The weekly sketching party, of tho on Kong Art Club Will BEJ held on Sunday Members Are Lo-Amunblo... at the Jordan Road, Vehicular. · Ferry whart at. 2.00

it

Bitogether

there

Hf" thờ

But

already made of the Hypot authorities "Chiler "Office" "P.P. “Yu wald" yesterday.

The "krling" riking had about 200 passengers aboard

Kimo the question 100,000 people brain to try audition ward the arid koties Ceth to prevent any los etengely depraelation which rational Refusee Organisa Hoyf of life li, the ship in the event Baheule CHPAWillyjarkan hijabkijis (not „JapyYTI AADAT DIE URO of her hiking pan and pa 'Blum conditions depreciate pro har, been able, to continue is re- The Haling Hốing brought a perties in the vicinity, Thillet operatioris for these people. large quantity of colton yarn,

of factories, Impossible,

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