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CHINA MAIL

No. 34777A

Establishod 1845 ·

FRIDAY, DECEMBER 22, 1950.

Price 20 Cents

Adenauer Important New Provisions

Makes Important Decision

Bonn, Dec. 21.

The German Chancellor, Dr Konrad Adenauer, agreed today to appoint Germans to serve on joint Allied-German committees to negotiate details of plac- ng German units in Gen- eral Dwight Eisenhower's

forcee,

Russians Charter British Ship To Carry

Rubber To Odessa

OUR OWN CORRESPONDENT

London, Dec. 21.

Pressure on the British Government from the Western European defence United States to ban shipments of raw materials to Iron Curtain countries is expected to increase as a result of a report today that a cargo of 9,000 tons of Malayan rubber is now on its way to the Black Sea port of Odessa in a British ship.

1. The door is wide open for German units to march with the Atlantic Army, the Allied High Commissioners told Dr

Adenauer today.

ners

This cargo is said to be worth £3,500,000.

MORE RATIONING

London, Dec. 21.

announced The Government

No details were given, but it gas believed Dr Adenauer In-

The chartering of a British umed the Western Commis

that

wan ship by the Russians to trans- the price ality for Germany among the port vital raw material

Soviet Union will undoubtedly today the rationing of sulphur West

estern Atlantic nations and at least much greater control over provide ammunition for the and sulphuric acid because the of Britain's United States curtailed sulphur American critics

ment

to the

her own affairs,

effective on January 1- The

US, British and French trade policy. The US Govern- exports to Britain. The order

has already forbidden is High Commissioners came here

American ships and aircraft to United Press, Brussels conference, from the where measures drawn up for carry cargoes destined for Iron the defence of the West stress- Curtain countries.

ed the need for German troops. -United Press.

The British ship concerned,

it was revealed in Lloyds List [Other references on page 2). today is the Stranrealm which, unloading at Odessa, is after

of feeding bringing a cargo stuffs to the United Kingdom."

Peking Turns

To Pakistan

For Cotton

ORDINARY DEAL

JUDY LEAVES HER HUSBAND

For Landlords

And Tenants

ASSISTANCE FOR ONE,

ALL KINDS OF PORTABLES

Typewriters

Calculators

AT REASONABLE PRICES Hong Kong Typewriter Exchange

9, D'Agullar St.

Tak 21433.

Sensational Start To The Second Test

Morris Out At 6, But Harvey

And Archer Dig In

PROTECTION FOR OTHER Test match, which commenced at Melbourne today,

A new Bill (the Tenancy Prolonged Duration Ordinanco, 1950) and amendments to the existing Landlord and Tenant Ordinance of 1947 contain provisions of the highest importance

Both measures to both tenants and property owners, gazetted today.

.are

The new Ordinance is designed to protect tenants who have paid premiums from being ejected before a substantiaľ period or to have his rent being raised.

premium for a

Melbourne, Dec. 22. There was a sensational start to the Second

Arthur Morris, Australia's opening bat being dis- missed after scoring two runs. He was out to a Hutton in the slips off Alec brilliant catch

Bedser.

When play stopped for lunch, the Australians had brought the score up to 67. for one, Archer

tively. There were four extras. and Harvey being not out with 19 and 42 respec-

Compton, who was unable to was re- pass the fitness test, placed by Parkhouse.

There was a slight rain in the

of

(Mel- to make an order for the recovery morning and play did not com- ment of "a tenant Whore rent or monce until 12.10 p.m. ony part thereof, in so far as the bourne Time). At the same accrued due after

the fat mencement of play there was a October, 1045, is in arrears for

from or the elect

com-

resent won the toss and

more then thirty days". The Provi: mantle of mist, but as play pro-

conditions improved. Blan quoted, however, makes no stipulation that there abali jinve been demand for payment before elected to bat fræt, **

Ppilcation to a Tenancy Tribunal

Morris was dismissed for two posed (clause ?) to provide for the with the score standing at six repeal and replacement of section runs, Archer having then four to include such stipulation

While

I made. Accordingly it is pro

STOP PRESS

Dramatic Test Cricket

Cricket of a dramatic nature" ARCHER NERVOUS

the between featured play lent his first Test, appeared to be lunch and tea Intervals on the Melbourne ground today in the be

(d) that a landlord have power to on the application of the landlord In the objects and reasons it is stated that attention has been treffect necessary repak

to premises: directed to cases where tenants (e) that amendment of section 8 of the principal Ordinance be made of new buildings have paid a

defect in, that tenency on the to cure drafting

(f) that it be made lawful in cer- they would section: understanding that not be evicted but without any ta circumstances to contract our legally binding agreement secur- of the Ordinance

tg) that amendment to section 16le of the principal Ordinance ba ing them against eviction for a

include the aituation made to

stipulation Hollywood, Dec. 21.

definite period. This Judy Garland, who gashed has in a number of cases been that an order by a Tenancy Tri-

a expiolled by both the original | bunal for ejection of a tenant for 10 (c) of the principal Ordinance runs to his credit.

Laiture to pay rent may be made during her throat in June spell of depression over career landlord and those becoming only in cases where demand for substituting a period of 14 for 30

chase,

(h) that upon an apparent change rent to increasO the J. A. Billmeir, agents of the troubles, has separated from her landlords by subsequent pur-payment has better

of occupancy of premises the pots originally agreed under a threat of proof to how that no parting | tenant the continued protection of cpected, and did not feel at all/Second Test match, company owning the Stranrealmhusband, director Vincente Min-

of evi

eviction which has been car-with possession has taken piečo said "It is just an ordinary nellt, hor agent said today.

"Miss Garland authorised me red

(1) that a tenant about to absent business deal. There is nothing

to pay the in-

hiraselt been unwilling

from the Colony for to stop Russia buying British to release an announcement of ried out where the tenant has shali ile on the tenant:

not at war her separation and said it was creased rent. Hardship has re-period of not less than 3 or more rubber. We аге

ulted

than D months may sub-let under usually they an amicable arrangement," her with them. But

It is not considered that it certam conditions; Do these agent, Ben Holzman, said, "Sho use their own ships,

(1) as transactions don't come to light said she has no plans for the would be justifiable or feasible that dont be resolved a 20

future. The separation is final" that legislation should in such order

of the Tenency Tribunal protection under section 20 of the principal Mion Garland was not available circumstances afford at Lloyds."

But Ordleance for the removal of an the with retrospective effect,

a measure

bocupler from premicos; for further

(k) that section 29 of the pri in separation, her home reported, it is considered that of and Minnelli refused to come to of protection is warranted

elpal Ordinance be amended for et procedure · m en- in cases where a tenant clarification

Tribunali have already nouncement.--United Press.

the Governor

Karachi, Dec. 21.

has China Communist ordered 40,000 bales of raw cotton from Pakistan since the United States imposed to on all exports la ban

China, Karachi trade circles said today.

Hongkong mills, now cut Loff from United States sup- plies, were all understood to be placing orders for Pakis-that tani cotton.--Reuter.

QUAKE SHAKES CHILEAN TOWN

Wils

La Serena, Chile, Dec. 21. A strong earth tremor elt here this morning, provoking pnsiderable alarm.

Many buildings were cracked, t no casualties have been reported-Ascociated Press

to

comment

on

More US Troops For Europe

has paid

of

2

or other premium for a tenancy such a new building and Turistavy: 18 now subsisting the protection being designed to secure that effect be given to original understanding that tenant would not for a substan- tial period be given notice to quit Washington, Dec 21. General J. Lawton Collins, US have his rent raised by the claiming Army Chief of Staff, said today landlord

additional under him; expecta

Gome

05

those

28 was to

Harissal of Morris, was another three

dayı but including the safeguard Archer, who was playing in that the Tribunal 'on' cause being shown may allow the

nervous, the Ordinance notwithstanding that,

At lunch the Australians in within 14 days after demand, rent comfortable against the bowling which has accrued due

their first innings had scored has not of Bedser. been paid.

who came in after 67. By tea time they had lost LANDLORD PROTECTED

wickets for an the As to (1), (1) and (1) It has

time and additional 28 runs. never been the intention that also given a hectic tenant should take advantage

times by Against an attack which was of was beaten several

hostile (apart from aiways the Ordinance to put others, with the Inswingers of Bedser. out consent of the landlord, into

Weight who could not strike a occupation

Bedser bowled magnificentlyW of tho

Aussies premises of throughout

battled. which he is the Lariant. Section 20..

his length) the the morning," proicotional Ordinance anords display being the best of the their way to 177 for 3 by ben

Against series.

minutes past three, Hongkong: prication this practice but experience has

time. shown

that section 20 does not

Hasselt was then 52 not out

landlord

Opening the bowling with he does not give exclusive posses up in knots, and it toolt the Aus- {md Lindwall was his partner (1) that a Tenancy Tribunal and slon to another, cannot be ejected talians 36 minutes to score 13f and had not opened his scorÈ.

in Counell be e-

powered respectively to recommend

to vacate

under the provisions of the sec tion. In fact, this situation has led runs,

a tenant

Just when it seemed that Lot-

and kupose cùndhiana ŠESTOSPECK jˇto "abuse because persons tave if weight wasruikt in in tongod Hassett were set for a of an application for exordinarice.cat Ctalkera although cupator has place of Bailey and was punish-brought on to bowl and he had big partnership, Brian Close was the operation of such conditions being designed to no longer the intention of re-ed by Harvey, who scored at: Loxtom caught by Evans behind

Occupying

the premises. A "care much faster rate than

Archeron an order | taker" in fact, Indemnifies the

the stumpa for 32. tenant against payment of rent or and had brought his score up

Price to that, Bedser Had afford other consideration which to 42 when play stopped for Harvey caught by Evans, Miller makes 1 advantageous to

Cadean the lunch.

bowled by been tenant to leave the "caretaker" "in

Bedser, who took the wicket Freddie Brown for transaction i in substance a sub-icting in dis of Morris, had only given away Archer, playing to his arst test, guise. But without proof of this 17 runs out of the Australians laboriously collected 41 and was fact the landlord has no remedy, Accordingly, clause 3 of the Bili 07. proposes the addition of 3 sectiona

The

should

occupation. Such

1

as section 20A, 2013 and 30C to the read:board at lunch time

The whole question of ex- ports to Iron Curtain countries constant review in

shipments is under Whitehall and vital strategic raw materials to the telephone to discuss the an- apply a "construction money" forcement of orders of a Teraucy { sufice because a tenant, provided Bailey, he had the batsmen tied

countries these boen, banned,

But rubber can be bought in the free market. Suggestions. the Singapore

should be closed market

this down

climinate to

assist tenants required trade have been rejected on the

premises consequent on for exclusiort. that Russia cannot bo

MUST BE DEFINED obtaining her

As to (a)-It is considered that of the principal for the purposes requirements from other sources. have yet

Ordinance It should be declared by No representations

definition that all premises which PROTECTION been made by the British Gov-he

This ernment to the US Government troops to be sent to Europe

The object of, this Bill is to are not clearly domestic Crank as business prerrines. reconsider their recently im- before next July 1.

Gen Collins made that com-afford legislative protection, in view is urged because existing de- and to the fitions of "business" and "domes- are not necessarily posed restrictions on exports to Hongkong. The whole matter is ment to reporters on his retum the circumstances

in respect of tic" premises consideration at a here from the North Atlantic extent indicated,

is not rent- new buildings but subject to the exhaustive, e.. a club, a hospital

La or a schoot which

ed still under

for

purposes profit exceptions specified in clause 5

deemed to be business high level, a Foreign Ofice Treaty organisation meetings in spokesman told me this evening. London.-Associated Press.

of the Bill, and by provision not be

is of premixes. Clarification faltuse 9) whereby an agree-

because particular Importance for quiet enjoyment is the permitted increase in the stan implied in respect of new build- dard rent allowed by the Ordinance of promises to 100% for "business" as opposed ings (unless tenancy of has been expressed to be for at for "domestic premises,

than

As to (b)-Doubt has arisen as to definite period of not less the one year) until the Governor in whether or not the principal Ordin

vace dees in fact apply to a bulld-bound: by an order of the Tenancy Too Much For Him order (under clause ing on agricultural land. It con- Council

uncli by 4) declares that such implied sidered that doubt should be dis- agreement shall cease to apply. pelled and that, by amendment as provided by clauses 2 and 3 of the It is stressed that the Bill does it, the principal Ordinance should not seek to control the rent of expressly declare that the Ordinance than a new or extensively reconstructed has no application to any building before the 17th building erected buildings whether those already on agricultural land other let or those not yet let. But in August, 1945, with the written con- sent of some public officer authorised the former case the Bill will as to give auch consent on behalf of regards premises to which clause the Crown

As to (b)-Living accommodation 3 applies have the effect that the

at this date to be in- Yi-

COMMENT OF THE DAY

An Unfortunate Declaration

MR Herbert Hoover,

опе 8B

of America's Elder Statesmen com- mands respect when he airs his views on world as well as domestic affairs. But respect does not connote agree- ment and we cannot do anything else- but disagree profoundly with Mr Hoover's appreciation of the current International situation and his isola- tionist policy which was contained, at "least by implication, in his public state- ment. The speaker may have believed he was endeavouring to be realistic when he declared that the "United States has lost the war in Korea," but to most people it is a sentiment savour- Cing more of defeatism, United States . forces, forming the spearhead of the United Nations armies in Korea havé, it is true, been forced to retreat after a victorious campaign initiating against insurgent North Koreans, and they have, unhappily, suffered grievous But -losses in manpower as a result. neither the United States troops nor the other forces of the United Nations are defeated to the extent of having. lost the war. It is an uncomplimentary and somewhat demoralising suggestion to make to those gallant men in Korea

who are fighting to uphold the best principles of democracy. Beyond that, Mr Hoover adopts the traditional isola- tionist attitude the United States should pull out of every overseas com→ mitment and remain content to defend her own shores. It is a dangerous doctrine, just as much for America as for the rest of the free world. Sacrifice of the boundaries of Western Europe and the North Pacific without the United States making any attempt to prevent it must quickly compromise the safety of the American continent. This is recognised equally by the American and British chiefs of staff and the political leaders of the two nations. The North Atlantic pact is on appreciation founded very largely

Is A Change Of

PPARENTLY it is now the convic

tion of the majority of the UN General Assembly that only a change df heart by the Chinese Communists can bring about a cease-fire in Koren. It is not an encouraging expectation if. the pone struck by Mr Wu Halu-chuan, chief Peking delegate, before He left arNow-York ingans, anything. Ono might freaden hopeful sign in his observation made at London Airport on Wednesday that he and his didesaro willing to bitry and advise our. Chinese, volunteers so bring an early conclusion to the but this operations in Kot

of this strategical consideration and anything done now to weaken either the conception, or the practical applica- tion of the North Atlantic defence plan would be disastrous to the cause of the free world. We believe that this is fully understood by the mass of Americans who will have no genuine sympathy for Mr Hoover's idens even certain though they may evoke a

from amount of emotional responso superficially-thinking people.

Heart Possible?

either that the "volunteers" will be ordered to cease-fire, or instructed to try and end hostilitles by further mili- tary action. A more regrettable. sign 18 the failure of Peking to make any sort of acknowledgment, let alone ro ply, to the UN three-man cease-firo commission's suggestion that they visit Poking for talks on the subject. Truly a change of heart is essential if there is to be any prospect of fighting. being brought to a halt in Korea, but at the moment, it must be Badly ad- mitted, there is not a single hint that Poking in contemplating any such gen

ment

(Clause 2 provides.)

existing rent may not be augue, therefore,.

principal Ordinance.

As to section 20A, provision would Morris o Hatton b Bedser thus ba medo, might

whereby upon an Archer not out”. apparent change of occupancy of Harvey not ont premises the onus of proof would be ahifted to a tenant to satisfy the Tenancy Tribunal that he has not in fact parted with the possCS- sion of the premises or any part thereof.

Extras

Total (for one wkt)

1

the

Á to the proposed 200 provision seeks to resolve a doubt A to wheiker a tenant may be Tribunal made

under section 20

of the principal Ordinance which is directed against an "occupier" of premises. The section upon enact- ment would

make it clear

shall cease and determina.

that,

1

had

17. and

then taken by Bedser off Bailey,

The score board at 2.50 p.m. read:

2 Archer, c Bedser, b. Bailey

19 Morris, e Hutton, b Bedser

42 Harvey, c Evans, b Bedser

Miller, b Brown Hassett, not out

67 Loxion, e Evans, b Close

Lindwall, not out

Extras

Total (for 5 wkto)

HASSETT OUT

then 177 for 0.

Durban Dec. 21.

Jack Twenty-nine-year-old

At 3.17(Hongkong time) and provided a tenant has been made Nun stowed away in the funnel a party to an application

under of the Australia Star until the about 45 minutes before clock- section 20, an order under section 20

heat became too much for him of play, Hassett was clean shall bind the tenant and to the 12 hours out of Fremantle, Auss bowled by. Balloy with his score extent that the tenaney of the pre- nises to which an order relates tralla, and he gave himself up. still at 62 and Australia were:

Reuter. As to section 208, experience, has shown that while there, bes beca abuse of the protection to tenants provided by the Ordinance of the nature above described, it is also the case that hardship is imposed un tenants by inability, without re- course to clandestine methods, to vocate actual occupation of domes tid premises for a short period nacessitated by abrence from the Colony on business or vacation.

mented without a tenant's con- dered that there should not as yet be tenant would how further permitted increase in rent sent. Such a

principal Ordinance applies. I ever only be protected so longo domestic premises to which the in the interest of both as he performs the terms con- however

his landlord and tenant as well as in by tained or implied

B

the public interest that promises should be kept in a proper stato of tenancy agreement,

One of the principal amend repair. Furthermore, repairs have ments to the Land and Tenant to be paid for at present day prices.

a provision that /Accordingly it is proposed (clauso 4 Accordingly it is proposed by the

at the Bh by the addition of a Ordinance is landlords who have to spend section as section GA to empoyer a landlord to enter and effect nacés. sary repairs and in certain cases to money on keeping premise in a

recover recover a percentage. (0%) et, the may state of repair

"af" "increased cast from cost thereof by way eight percent of the

rent. The section however affords the tenant by way of increased a safeguard by recourse to the Ten- ency Tribunal to which application rent.

may be made by landlord or tenant

It is not proposed, however, to permit further increases in the rent of domestic premiges.

Another condition

ed to eliminate "caretaking" of domestic premises.

to determine disputes as regards the necessity for or cost of repairs Furthermore, the proposed section SA would provide that a tenant who is design-in required to vacate premises in fect repair. shall not be deemed order to permit the landlord to ef thereby to have lost possession un less the Tribunal has ordered evic- tion under sub-paragraph_{f} af paragraph 7 of the proposed section, Lo.. where in the opinion of Tr~ bumal a tenant has unreasonably re- fured to allow a landlord to enter the premises for the purpose effecting necessary repalim:~

MUTUAL CONTRACTS

of

inclusion of provision se section 203 in the principal Ordinance to pro- vida that a tenant of domestic promises shall not be deemed to have assigned, transferred, sub-let or parted with his possession for the purposes of section 2) of the princi-

the pal Ordinance

Tenancy, Tribunal is satisfied that the con ditions specified in paragraphs (a), (b), (c), and (d) of the proposed seétion 2013 (1) are present. The alleviation of the hardship proposed

by the section is proposed however to be subject to the safeguards specified in subsections (2) and (3) of the proposed section zú - EXPULSION CONDITION

As to (1)-Section 33 of the princi pal Ordinance empowers the Gover- nor in Council by order to exclude from the further application of the Ordinance any premises or any claia of promises. This power is subject, in the case of particular premises,

THE AMENDMENTS. The objects and reasons of the amended Ordinance alates to make that this Bill secka further amendment to the Land. lord and Tenant Ordinance, 1947 (the principal Ordinance). As summarised, the amend

an order of exclusion fr ments proposed arc

empower the Governor in Council (n) that premises which are

mide. Section 3 however do not not included in the definition of

or Tenancy Tribunal respectively in

to embody jiwr an order or any "domestic. premises! be

recommendation, conditions subject duded within the definition

is proposed (clansa, é of the ro=" would be operativo. "bunince premises"

pealing and repincing section 10 of

has shown that it may en pocastan (b) that a building on agri the principal Ordinancs relating to cultural land be specifically ex-agreed increase of rent) to empower be desirable that an order of exe Tenancy Tribunal upon joint apclusion be made but that at the eluded from application of the plication to declare that an agree same time, the circumstances aro Ordinance unless it be a build-ment which fulfils the conditions such that, by the imposition of con- (1), paene | ditions,, amistance..can be afforded specified in subsection ing erected before the 1761 rits (a), (b), (d), (d)- and Rej to tenants frequired to vacate pra August, 1945, with the consent of the proposed section, shall during mises consequent on an order of the currency of the agreement have «xojusion being made. Accordingly, of the Crowning

effect notwithstanding tila mprovt="""fciatura:210)| μ id proposed to amend (e) that a definition of puldios one of the Ordinance. It how section 12 of the principal Ordinance Authority, in insorted, there sver further provided that a desto empower the Governor in Counci alon osing to defined loansble cloralton go made by Tenancy or the Twaancy Tribunal, ari the verfifiskter" netbasury for the pur- Tribunal shall not affect any tenancy cers may be, to impres conditiona Vows of the Ordinance to be dived slating the date when the in relation to any order of axell don ndi) only by, thin, Berlin, Authorti”, sgreement / comes, into: estagi mother made, but subjoni to the supuim Lens *Day by anyi oficeri dipertandi kɔy « thíd, thanurther tanol, to achich th

As to (1)-It has from time to time to the requirement that recommen been urged that it should be lawfui dation of a Tocancy Tribunal be for persons to contract out of the made to the Governor in Counci Ordinance. In the case of a tenant before ferent to make att agreement with in possession it is often to tie in the landlord on lines which they both consider economic and salfa- flory and to do so without furtive

of evasion of the law. Consequently to which the order of exclusion

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