1949-06-17 — Page 2

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THE CHINA MAIL, FRIDAY, JUNE 17, 1949.

COURT DISMISSES A SECOND APPEAL

The decisions of Mr. Justice' Reynolds and of a

· Tenancy Tribunal on a dispute over tenancy was upheld by a Full Appeal Court yesterday. The appeal against the said decisions was dis- missed with costs.

The appeal, made by T. T. Kong of 2-4 Pau Cheung Street, Kowloon, was based on the grounds that the Tribunal's decision was against the weight of evidence and was wrong in law.

A cross-appeal lodged by the re- spondent, Ding Gow, of 301 Prince Edward Road, was allowed by the Full Court. The appellant was also ordered to pay the costs of the previous hearing before Mr. Justice Reynolds.

In December 1918, Kong had appealed against the decision of the Tribunal which ordered his eviction. The uppeal was dismiss- 1 મા March 11, 1949, by Mr. Justice Hoynokls.

Kong was represented by Mr. V.J.L. D'Alton instructed by Mr. M.A. da Silva.

Hon.

"The respondent must also have his costs of the appeal and cross- appeal to Mr. Reynolds, which we allow in the sum of $200,"

The Full Court also made ar order for possession of the pre- mises within 30 days against the appollants and my other accu pirs, and cenimel the order for mesne profis made on June 4. 1049.

Correspondence

Mr. Eldon Potter KC. and the

The Editor takes no respon Leo d'Almada, KC, op-

expressed in peared on behalf of the responsibility for views dent, instructed by Mr. P.L. Lam. lettera by correspondents, and hu no means necessarily opreat with them,

The Full Court comprised tie Chief Justico, Sir Leslie Gibson. Civil Service Pensions

and Mr. Justice Willams, Pulsne lucleo.

Justice salt in part:

Sir-You will no doubt be

FAREWELL

TO FIRE CHIEF

Personnel of the Fire Bri- gade turned up in full force at

farewell tea party given at Central Station yesterday in honour of Chief Oficer W. M. retiring after Smith, who is

23 years of service.

Accompanied by Deputy Chief Officer C.W. Brand and Divisional OBeer R.H.J. Brooks, CO Smith Fire Inspected units of the Brigade, headed by Siation Om- cers C.W. Browne, V.C. Seymour, P.K. Yeung, S. T.

1.W. Shipway and Mechun-

Chak, W.T.

cal Engincer E. Brown..

Inscribed A red silk scroll, "Happy Memories from Members er the Hong Kong Fire Brigude." and a cabinet of

cutlery, were presented to the out-going Chief Officer by Mr. Lee Ping-darosz. Secretary and Executiva Office, on behalf of thr members..

In his address to the gathering Mr. Lee recalled

the Fire that

rehabili- In Living his decision, the Chier surprised to receive this lotler, as Brigade was completely due

the civil servant has not been tated after the

the charges principally to the untiring, effort given to answering "This appeal and cross-appel frequently levelled against him and hurd work of Mr. Smit

in the correspondence columns. "Mr. Smith is not only always arize out of an uiler for eviction However when a regular con- very considerate towards his sul made by Tenancy Tribunal in

tributer such is "W," by quoting ordinates but also afforde Vireal respect of premises 2-4 Pau

a number of supposed facts, en-hai

help to the widows or drphans Chung Street, The Tribunal sound that T.T. Kung was a tenant of devours to show that the pension members of the department. After bill is too big, that it will be big- the war when the price of rice the prcraises tail that, since he

ger, and that it could be re- was celling high, Mr. Smith used did not pay pecuniary rent, beduced to everybody's benefit, I his

to persuade the his good offices was not protected by the Fro confter that in all fairness to the civil servant, the public should be informed of the inaccuracies in his assumptions.

clamation and could be evicted.

"T.C. Konk uppruled to the

"It is from that decision that the parties now appeal and cross- appeal to this Court."

Argument

the grument Mr. D'Alton forward and his contention that since the Tribung) had found tha thi the appellant was a tenant, appellant Was # person who cinimed possession under a land- lord

on

top, ol

Farewell To Brigade Chief

Chief Officer W. M. Smith addressing members of the Fire party given in his honour at Central Station yesterday. Sitting Are Mr. Lee Ping-cheong, Secretary and Executive Officer, and Brand. ("China Mall" photo).

Brigade at, the farawall tem on nither sido sf Mr. Smith

Deputy Chief Officer C. W.

New Equipment For Macao Electric Co. Modernising City Lighting System

Rice Controller to supply our men The Macao Electric Company Limited, at its 34th with additional quantities of rice 91 the

controlled price the clerical allowance which wn The first error is the statement found insufficient to meet the

men's daily quote. that the Dens no mention how-to 000. "W" does not mention how-

no stone

payer with a memory going bete

annual general meeting yesterday, announced that it has entered into commitments for new plant and equipment amounting to about HK$. 5,000,000, to be spent over the next three years. Business during 1948 showed an increase over that of the previous year, and there has been a steady growth in small industries connected to the Company's power service.

Personalia

Mr. K. Larard left for Amny yesterday by as. H. Jessum.

•

Departures for Saigon by Air France. yesterday:. Mrs. Elu Hong- rau, Miss Ho Hong-tak, Miss Hu Hong-yu, Met. Ho Hong-lok, Mr. Ho Ying-lo, Mr. Chung Hoa Trac, Mr. Sun Shui-fan, Mr. Chau Woot-yung.

Departures from the Peninsula Hotel on Wednesday included Mrs. C. V. Morton, Mrs. Amy Wang, Mro. G. M. Dickinson, Mrs. C. A. S. Rus, Mr. and Mrs. A. Maier,

Mr. F. J. Gellion, the chair- | ground. We anticipate that all Mesam, O. F. Leibu, Y. M. Fores-

ed. said: man of the Board, who presid- mains will be underground fler, S. Chan, M. AL. Crawshow,

next

year.

G. Ho, D. R. Hockett, M. Mac- "The Generating Plant is Donald, R. H. Hunt, B. J. Server, operating well and in the best and E. L. Troughton. of condition.

Pay a

be

$293,870

"With regard to the Claim, t

arrivals at the pleased to inform you that the Among the new on Wednesday negotiations have been recently ware Mr. and Mrs. E. Cran, Mrs. enncluded and naturally will be J. C. Carter, Dr. and Mrs. L vered in the accounts at the Ramond. Messrs. C. H. Lee Y. C. Wu, Kwok Chee-ho, T. Top- A study of the balance sheet ping, and H. C. Wang. will reveal that our fixed assets have been written down to value for below their present ro

Supreme Court on the ground that the Tency Tribunal had no jurisdiction to evict him under Article 5(1)(a) of the Proclama

unturned tion. Wing Dow cross-appealed ever that included in the actual when he made his appeurance against the Anding of the Tribuni tutal of $8,720,000 is $1,000,000 for before the Salaries Commesson

was a tenant. Widows and Orphans Pensions As a result we ew wee for pur that T.T Kong The appeal and cross-appeal camic and refunds, quite a separate sub- selves that we are well placed before Mr. Reynolds,

jeet, and which sum is in any case when and both

compared with other civil were dismissed.

off-set by on item under revenue

the Colony, of $1,000,000

for contributions servants of

"Mr. Smith introduced the day. from cflcera. Nor does he deduci day-off leave

on, the $450,000 for Volunteer Drank and fic and saw fit to im

cave system for the ability

Widows

Pensions and which have no

"Your Directors recommend the connection with prove the leave regulations of the he Civil Service as auch and would officer grade. He showed no racial following appropriations to

Lax-discrimination among his subor-made and these recommendations The Court went on to deal with not be begrudged by my wdinates in that he recommended have been incorporated in the ec-

to December 1941. The actual the promotion of four

Chin counts as presented:

a Dividend of $2 civil Pension Bill is therefore only meers to the tank of Station To $5,180,000 or less than 3 per cent Officers, which had hitterto been

per bure on 148,430 of the Annual Budget and, of held by Europeans only.

stures this, $250,000 is for temporary

"Only recently Mr. Smith har To pax the Govern cost of living additions.

signified hio willingness to

ment of Macno five allot us a room inside the Cen-

рет Secondly, fellrement at 45. This

cent on amount tral Fire Station to recommendation

carry opt Salaries Commission was quali-|

distributed as dividend tho activities of our irada

in the terms of Clause unlon," the speaker declared. fied by their inability to Bouge

Deputy Chief Officer Brand said

15 of the Extension the cost. The cost to Government

Contract has been found to be negligible, that Mr. Smith must be happy in સુપ for retirement earlier means a his retirement because his workt smaller pension and

smaller

rehabilitating the Brivade hai salary for the officer. filing the been a great achievement

43,0dz pany, I regret to state that we Thanking the speakers, Mr. The Town Council during the part of this logs before the next Z will be called upon to shoulder vacancy thus created. "W" paints

that et 46 Smith declared a picture of officers retiring st

year decided to modernise thr age on a $2,000 basic he been instrumental in raising the city's street lighting equipment years of might have carried

efficiency of the Brigade to the by installing "Osira" high pres- his researches

whien It further to find that there aro less high degree at

Sure Mercury vapour lamps the help throughout the main avenues and than 30 such officers with a pre-stands it was through sont salary of $2,000 per month and co-operation of the staff.

streets of the Colony, part of this basic, ond not all of these bre

installatier has already been com- pleted and in service, and th: balance will be completed before the end of this year.

Mr. D'Alton, the Court said, had also contended that although his client was a tenant who did not pay pecuniary rent, he was not Bab to eviction under Article 5(1)(a), and that paly tres-

asser was liable to eviction.

"Mr. D'Almada, Sir Leslic

"submitted that statect

Artel to any person })(a) appiled who was not a tenant for the pur- poses of the Proclamation.

Mr. D'AI

Alton submitted that the decl- sions in these two appeals did not bind us, though he did not sup port his attempt to differentiate

of the

a

recent

his proposition in the present case likely to retira immediately. It

by

19

of the judgments in is frequently overlooked that a the two appeals."

pension is based on two factors, various length of service and average in- After going through arguments raked by counsels, the come during the just three years. Chief Justice declared that Mr. The result is that whether an D'Alton's proposition was no officer retires at 45, 50 or 55 the longer open to argument In the net size of the pension bill is Courts of this Colony and the much the same, for the carlier he with retires, although he has longer to appeal must be dismissed

enjoy it, he has less to enjoy.

costs.

"This being so," he continuad. "the cross-appeal is really only of academic Interest, except at regards the question of cost Mr. Potter challenged the find ing that the appellant was tenant on various grounds, and bis first ground was that on Ding Loy, respondent's brother, who granted the tenancy in thi first place, had no power to de

$0.

Agent Of Necessity

"Mi. Potter advanced a number,

The picture af Police Officers retiring at 45 on two-thirds of basic salary might have been.com- pleted by visualising the new re- cruit of the tender age of 12 frat as he com- donning the bluc menced the 33 years service now required to quality for the maxl- mum two-thirds pension.

that the

"W" further

in

If he hat

na

DISTURBING THE PEACE

For playing muscial instrumenta 41 11 o'clock in the night, Tapi Kuen, merchant and Tam Kwah- chung, tallering worker, were fined $16 each at Central yesterday.

They were charged with dua turbing public seace,

To transfer to Plant Re

placement Reserve

To carry forward unap-

propriated

· placement costa.

Mesars. Tan su-how, L, C. Yeo, Victor A. Chen, Ma Ngok-kre and Goh Kah-chon arrived in the 14,043 inbility which is shown in the Colony yesterday by CPA from

Singapore and Bangkok,

400,000

Underground Mains

"The mains to supply theśc Jamps have all been put under around and at the same time certain localities the low tunsiór mais feeding consumers' mises have also been put under-

pre-

Judgment Reserved

In Silk Store Case

average life expectancy of a civil Mr. Justice Williams, Puisno Judgo, reserved his

am

wervant in England is 02. As I rellably inforhied that insurance companies quote' an average_life expectancy of 72 years In Eng- land and 69 years in the tropies, it seems that the poor civil ser-

of crguments in favour of his | vant succumbs, Worn out, some 10

decision at the Supreme Court yesterday in the dispute over occupation of promises, in which King's Silk Store, of 78 Queen's Road Central, is the defondant.

"Referring to the

balance slice

contingent

sheet in connection wi

Waterworks Com-

the Macau

accounts ore presented to you.

New Plant

year-old daughter Jatt Hong Kong Mr. L. L. Loes and her ex- for Swalow yesterday by the sa Tainan.

I

*

Arrivals from Canton yesterday "The Company has entered into by the ss, Fatshan included Mr. commitments for now plant and H. E Tiliman, Mr. R. E.:Hodger, equipment amounting to about the Reverend Mr. P. Wm. Jones, $5,000,000, to be spent over the Mrs. M. E. Jones, Mr. J. Kettle- next three years and in order in wall. Mr. Win, J. Duncan, Dr. J. assist in this expenditure, it will Miss Ethel R. Grace, the Rever- Grossitt, Mrs. M. K. Gressitt, be necessary share

end Fr. M. T. Martin, Mr. Pierre "It w

wit be seen from the balance Jourdan, Mr. Sonan Egerol, Mr. David J. Gahtan and Mrs. H. het in your hands that our Pre-A. B. Eichholzer. sent Ruancial condilian is sune that We

can take care of the nitial payments from pur existing funds."

to make Issue next year.

น

new

Mr. W. P. Montgomery, United.

Commissioner, Kingdean. Trade

On the proposal of the chair-returned here yesterday from the seconded by Mr. N. United Kingdom by BÓAC. Benic,

the report and accounts:

Others arrived hero by BOAC were unanimously adopted.

from the United Kingdom yoster- Mr. Chung Kwang's op day were Miss, A. King, Mr. and pointment to the Board was en-Mix C. M. Tingle, Miss. J. Tingle, armed, and Mr. N.G. Reala wis Mr. D. F. Allen and Mr. and Mrs. re-elected as a Director.

Lowe Bingham and Matthewc F. Fronthal.

were re-appoints auditors of Air arrivals from Bangkok by the Company for the envirg PAR

Mr. Michael xestordavi усаг.

Kluge, Mr. "Clifford Baldwin, Mr. The meeting was held in the Charles Hand, Mr. Bernard Na- board room of Sowe Binghain and deah, Mr. Don Bartell, Miss. Ger- Matthews, Mercanille Bank trude Bartell, Mr. Irving Snyder, Building.

Mre, Luele Snyder and Mr. John Boyle.

contention, one of them being years sooner than his more for- The Court adjourned only The King's 8k Store occupies employee. Why not let the few sions had been delivered by Road Central, the premises under who can afford to, slip away, at counsel.

dispute. The Eastern halt is oc- 457.

Plaintiff, Leung trading cupied by the plaintiff.

"fijate average non-government after long legal closing subrais- the Western portion of 78 Admiral Badger

that Ding Loy was ap agent ol necessity of um owner to create the tenancy, as the Tribunal and Mr. Reynolds had held."

be

Jeft

that

•Fretempled in the conditions but not of the expense of a pering the plaintiff. The King's Blik Commission review cent Salaries Store is represented by Mr. D. A

In Hong Kong

•

Leaving for San Francisco yes- terday by PAA were Mr. and Mrs. C. V. Starr, -Bresident of Arneri- It must also be remembered as the Sul Fong Company, is suing The case for the defance is that

· Underwritters The Chief Justice went on to

can International Mr. and Mrs, Starr were sent off say that there was no evidence that Government con for are Dowardas Partabral, proprietor or no tonancy existed between plain- before the Tribunal that Bing "ciency call upon an officer to the silk store, for damages alleged Uff and defendant, who received Commander of

Admiral Oscar C. Badger, by Mr. Harold Dlaby of the PAA Tre hud any authority to cicle- fetire at 45, so it is not by any to have been caused in effect no rent from plaintiff,. Loung. It States Fleet, Western Pacific,

the United office here. Late to Ding Loy any of his a one-sided affair.

the latter is further contended that if De- arrived here yesterday in the Manila by PAA: Miss Amelle Lee, *****"W" "then proceeds to suggest by obstruction in

Yesterday's departures for pwere as Ding Dow's attorne but that the Tribunal apparently that a superannuation fund would business. Leung also acoka wause business partner, ono held that Ding Dow was be preferable and more economic declaration of the Court that he Moham, bail received any, rest in USS St. Paul on an informal Miss. Alice Lee, Miss. Jean Or-

visit from Okinawa...

kney, Miss. Edith Netcalf and Mr. agent of necessity to fel the pre-al Mony oflears would no doubt is a rightful tenant of the pre- that respect then it was donp

the welcome such a move, they might mises.

without Dowandas-knowledge or can cruiser 1 will be a Ave-day

To the personnel of the Ameri, Federic A. Netcalf. bring nises, the salty

Mr. B. A. Bernacchi instruelet authority. then be able to resign before 45 danced of

premises would

recreational stay before they leave were without sacrificing, their pension by Mr. Peter IT. Sin is represen..

Arrivals from Bingapore you- damaged

they were

Son's Story

port for the North on Sunday. terday by ROAC: Cabtain P. R. Before egunsol commenced their Mr. George D. Hopper, Hong G. Young. Mr. C. t. Holmes, Cap- tell og during the Capanese cent of salary. The

letal

submissions, defendant's Kong Us Consul General, paldita, R. B. Tapp. Mr. R. B. Mar- We are pot 10 Casumo that of a comparision with non-govern Mr, A., M. La Suarry of Bruttos son, Roma Dowandes Daryana, a call on the Admiral aboard the la. Mr. Trigona Randerson, Lav-

anid. In ́øvidence that durink crulber

tanent Colonel. G. C. Richards, all times what fang Kong was ent appointments and made it and Company.

recommedation having "If any.

(945 ho was in the Colony

*been planned.

vani and Mr. T. Dalanal. lion that there was grata danger alde in making our general recom- { the same respect and treatment Hudying shortbaud, and typewrit" / how far no official receptiony Captain. S. Payne. Mrs. S. J. Mel-

Sng and did not work.

It was officially stated last of uneccupied houses being looted mendations for revised basic as any employed of the most - He, sometimes went to the shop is not here to confer with any day by Australian National Air-

evening that. Admicul. Badger Paisongors arriving here yester or damaged. Nor are we toest furios: These salaries of lightened employer, and thist in hawayer where he Loung rume that, if thata way danger. In couras allow for the non-contri, cludes security for his retirement:

officials regarding tie Chiap way from Melbourne were: Mr. Every month, when his father

situation.

and Mrs. R. Gollashah and threa flou, the danger continued un sussertion of a contributors sub-hope to get the best type of man

children, Mr... Halph, Alfred. Ed- aunted until the ant of 1943,

erannuation fund could only be to fold the civil services ballen from

Arriving from Mogila Jelerday wurde, dir. Edward Harold #roj- Mohan, basic salary alone will never attract the time

by BOAC Man Loidlaw, berg and Mr. Willion Neil Nor«, blaz

L JACKSON

Den in the abooned of his father: Levering. Me. F. V. Stromve Jang

He did not, however,

Arriving here yesterday after PRESIDENT

•16%] 11 Ciroco, M. T. Marun

„noon from Capt

the Hong FOR AND ON TIKHALF OF

Kang's panid at the place, thʻinid, debit

Mohan bought

Dar,

cupation

unular. Japanese military, occupa-

all salaries Wright on the instructions

of

efted on the conservative

ho received some

ho stated,

waht on,

the anciler, Bare of, VO VEFUDA? | bulary Hansion factor so that any for only if this is so, can youn Chovory friendly with | Mrm; Eilan Levering, Miss. Klaine manu

heró

W no evidence marovided by the

which the dost: Ine of roster off salaries to over the necoarity could be founded, and

arid in our opinion Dink Logout

agyar had the right to trutal the encha

tenāŋi in

appellappellent was

† före technically never doreTM ther

a trespasser und that crime-appeal

«must be allowed with costs,di" | of Use può

.... THE ASSOCIATION GE

YUNGPRANĶĪCIVASTA NSERVANTEODO

ZELTONG KONU.

amined

ing wedding, bak]

Hold, and M

Melond

roo and