1952-04-02 — Page 10

Brayshaw Furnaces & Tools Ltd. All Types of Furnaces for heat treatment of Steel and Small Tools,

ENGINEERINGEBO CIPMENT CO. ETD UK. & Shanghai Bank B[a] TA, 27719

Pinay's Tunisian Policy Given Approval

Paris, Apr. 1.

French Premier Antoine Pinay told the Na- tional Assembly today that if France had not taken strong action in Tunisia there would have been grave consequences for the whole of North Africa. He was speaking in favour of a Government motion to postpone a debate on Tunisin until May 20, and he won, in effect, a vote for the Government's Tunisian policy when the National Assembly passed the motion. It was a Parliamentary victory for the Premier's Tunisian policy.

The Gaullists, Moderute Con- survatives. Radicals, Near Radicals and most Popular Re- publieras unted for the motion. The Socialists, Communisti, about 25 Popular Resibilcans and four or five Moderate Con- norvatives voted against it.

All there voting against

the disapproved of

ment's

The Premier tonight 2071- nounced to the Tunisian people the French eform plan for the Protectorate.

were:

|

it

Govern- to suppress nationali agitation in Tunisa

measures

The main points of the plan

Firstly, increased indepe:- dence for Tunisian Ministers,

Secondly, a Franco-Tunisia Administrative Tribunal,

sided over by a Frenchman, will give opinions on the legality

except the few Moderate Conf all measures taken and will servatives who disapproved of have unrestricted

the concessions Tunisians.

mude

the vets. 10

power

[

A

be ap- at a

Thirdly, the Boy will relal In his Statement Premier the solu legislative power Pinny sald

that a party or exercised through deerees. To ganbed on a world scale" had assist him in this function led the Nationalis: Neo Destour purely

Tunisian Legislative Party in

dangerous paths,

Council will be created, its M. Pinay

aid the Chenik embers will at first Governicht had never de pointed by the Bey but nounced the Nationalist

later stage will be elected. orders in Tunisia

and

Fourthly, a Flanncial Council always refused to appeal for aude_up

equally of chim. Chenik and not called

Frenchmen Cabinet meeting

Tunisines will exercise a for months jeta allative function on before hir

bud- hmisral. Hietary and Bnancial matters. Ministers had held up #! deerves which should harf-members will be in principle "The method of designation

is had

und

hat

election,"

the com-

been forwarded to the Bey, and bad not drawe up a budget munique said.

! Fifthly, loval assemblies'

vate purely local

bill.

M

COMPLEMENTARY

Pinay said: Today as yesterday the choice is not be tween policy of emness and

of policy reform: the two are complementary."

He asked the House continue the debate

not to

will

expenditure.

The number of French members on town councils will be fixed according to local circumstances. in large towns the principle of parity is insisted.

IN STAGES

of the

nt present; It proposed a full debate on Tunisia on May 20 after the The statement said that the recess,

refouns agreed between the Earlier, two left-wing mem-Dry and the French Resident hers of the Popular Republican General last Friday would be Parly Finet huply

attacked submitted to a meeting French acilans in Tunisia.

M. Maurice Foniupl-Espera-mission on April 24 for working mixed French-Tunisian Com- her, who was in the Protectorate out in detall." during last week's arrests, rald he had experienced

The communique said that the days" umiliating for a French. cts would be carried out by

stages, the

first

ກໄດ້ 1,

"painful

ne M5

He claimed that during quickly

10 begin as Felice operations on Cape Bon reforms were envisaged to begin possible. Further early this year, acts of brutality five years after the first of the had been committed and there Initial changes take effect. has been systematic destruc-; tion" after the rioting ceased there.

had

M. Andre, Denis maintained that men who freely criticised French policy in Tunisia should not have been removed,

He

The statement said that the remict for the Bey's sovereignty was formally recognised in th reform plan.

"Asp result of this principle the French Government admits. asti has always done, that the also spoke of indescrib-rights of France and the French able things happening on Cape in Tunisia can only result from a Bon and said France could not bilateral agreement between the tolerate being dishonoured by two countries." It added. such actions.

Moderate Conservatives and Gaullists protested at this state- Inent,

IN AGREEMENT M. Raymond Laurent, official Popular Hepublican spokesman. sald kit party agreed with the proposed reforms in Tunisia, He called for an investigation of the Cape Be happenings and for the lifting of all specisi security measures in Tunisin.

above,

In addition to the Civil Service posis will be open to Tunisians. Up to now they A three-quarters of the lower and middle posts and half the higher ones,

To give the to: theis forms to take ront further changes will be made for the

ve years, Reuter.

-

The Gaullist chairman, M. Radio Hongkong

Fouchet, suid that his party, the

Fed

of French Peuple,

"weak

the

To-

3.K.T.

cnil 6, Programme Summary; French policy in

5.02. Children's Half Hour"Toytown" by and, upproved the dis-S, G. Hulme Draman (BBCTS) missal of the Chenik Ministry town: 0.30, Bongs of England: 7, "How the Wireless came to Tay-

recent weeks."

and

-the

policy Inscovery of French Tos Signal, World Nawa and New

He suid

if the Neo Destour gained power, it would be the death of Democracy in Tunisio.

Socialist Robert Verdler said the Shelalsts disapproved the French policy in Tunisia as one of brutality.

Anslys London Helay): 7.15. Lucky Teen Halliday (Studio); 7.5D, Weather Dip-Variety Requests presented by Report: 0, From the Editorials Fie corded Relay): 8.10. Interlude: 8.15, Drheatre of the Week-The Sym- Sunta Crella, Rome: 8.15. Vanessa phony Orchestra of the Academy of Lee sings Ivor Novelle Succrises: 0. Plano Neeltat by Irene Yuen M. Francois Quilici, Moderate bean-by

Studio): 9.20. Muxte from the Carib- Conservative Deputy for Algerin. Canterbury Tales No. 12 (BBCTS)

Arthur Benjamin; Ñ,30, aid the Government was mak-The Squire's Tale-Chaucer's Poem ing too many concessions.-Reu-Coahal: 10.16, Queen's Hall Light adapted for broadcasting by Nevill Orchestra: 10.30. Time for Musle REFORM PLAN ·

(BACTS)-The BBC Scottish Variety Tunis, Apr. 1.

Orchestra conducted by. Kemla The

Stephen with Ian Gourlay: 15. Radio Tunisian Premier Newerrel thecorded Relay 11.15. designate. Salah

Edding Goodnight Muale 11.20, Weather Baccouche, was tonight still Report: God Save The Queen: 11,35

Close down. foria Tunisian replace the Government of

ter,

trying to Cabinet

to

.4

Chenlic, which the CRASH

Bey dismissed last week

usually

French request.

According to

LANDING

ut

AT KAI TAK Yeliable source, M. Baccouche told, the An RAF Vampire #ghter made Bev that he did not think he a crash landing at Kai Tak could form Government in this morning. The pilot way the absence of co-operation uninjured, from

Tunisian representative

A spokesman described the lenders, but agreed to the Boy's accident as being

of a very request to continue his efforts. mino, nature,

Printed and published by. STEWART ARTHUR GRAY for and on behalf of "South. Chină Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong.

CHINA MAIL

Established: 1845

WEDNESDAY, APRIL 2, 1952,

Scene Of Shocking Air Disaster

Forty-three people perished when a KLM air liner Queen Juliana crashed in flames into the forest while trying to make an instrument landing in bad weather at Frankfurt airport. The scene of the disaster in the forest near Frankfurl.

London Express.

APPEAL AGAINST EVICTION ORDER

An appeal against the decision of the Chair- man of the Tenancy Tribunal, when he granted an other occupiers of No. 37, Connaught Road Cen- application for the eviction of the appellant-and-

tral, second floor, on the ground of arrears in rent, was brought before the Puisne Judge, Mr Justice Gould, in the Supreme Court this morning,

Appellant was Ah Pong and

he was represented by Mr Brook

A. Bernacchi, on the instructions of Mr Y. H. Chan.

If the

Chairman was right In holding that these rent re- ceipts constituted a change in tenancy, then

it must follow, Mr P. A. L. Vine appeared for argued Counsel, that there was the respondents, Yeung Yam-not one variation bút a varia hoo and Chow Wing-kl, of No. ion each time a landlord 37. Connaught Road Central. bought a new book of rent re-

ceipts.

the

The grounds of the appeal were that the decision of the Chairman of the Tenancy Tri- evidener and was wrong in law, bunal was against the weight of

Mr Bernacchi said that

based on appeal was feet and law. He wanted make it clear that he did not Rispute a single basic anding of fact. What he disputes the inferences whether of fact or of law that the Chairman had drawn from his basic find ings of fact.

THREE POINTS

were

reuson

no

Jay Walker Pays The Penalty

In Ste-chung, 40, an un- emplayed Shanghallander.. appeared in Kowloon court fhla morning_with_a_dis- located left arm.

Ip was charged before Ir Oswald Cheung with Jay-walking.

Insp. Jones said that Ip dashed from Shanghal Street Isto Jordan

Read and collided with a motor cycle yesterday afternoon.

"You are lucky that your packet is not hurt too," Mr Cheung told the defendant. "You are cautioned and discharged."

Police Raid

Produces

Results

WATSON'S

Tenancy Tribunal

Decision

Upheld By

Judge

An appeal against the decision of a Tenancy Tribunal in refusing to grant an application for eviction on the grounds of alleged sub-letting was dismissed by Mr Justice Reece in the Appeal Court this morning.

The original application before the Tenancy Tribunal. was brought by Tam Chin-ping (ap- pellant) against Ip Siu-hong and Chan Ng-shi for the recovery of possession of 215 Queen's Road Central, first floor.

Mr

V.L..J. D'Alton, structed by Hastings and Co., Chairman was wrong in relying OR in-1 follows the applicant was not Hally represented, the ⚫learned

appeared for the appellant, and,

Mr D.A.L. Wright, Instructed tien and baking for evet'on for

any technical wording of the applica by Brution and Co., represented not the words or parking with

eeting without permission

of, the

FOUR CIRCUMSTANCES

and

the respondents. In a written Justice Recce said, in part:

Judgment, MrJoin". The appellant is the principal first floor of

To understand this ground clearly, 216

Queen's Road. nccessary to reler again to Central, and the

section 20 of the Landlord and opponent'

is Tenant Ordinance. It is to be the subienant of the front observed that the Ordinance makes cubicle and verandah. The proviale for four sets of circum

Tatances nature of the

in which a landlord can Tenancy

is not

not apply to the Court for permission to clear from the evidence, but recover possession. It, the tenant

rented

ent ST-hong transfers, signs, sublets or paris premises In 1945 at

TUMED THE DAtthereof without the permission

with possession of the premise or

a rent which

was ultimately of the landlord, then the Court eAn Axed nt $70. On October 30, make on order against him, I have 1951, about noon, Ip Slu-hong the application before the Tenancy already observed that the bars of

nt

201

109

bunal

WAR the

the Tribunal,

moved out and went into re- Tribunal was subletting. There was Sicense

Hollywood no other ground on which the Road, second floor. This fact applicant relied and the Ti-

found that admitted by the

there respondent. no subletting and dianiased The appellant alleges that the application. But in the course of respondent In Siu-hong moved it was stated by the appliesnt and

the evidence before all of his furniture and his witnesses, and admitted by the that Chang Ng-shi moved in solicitor for the defendants/respon along with a woman and dane dents and by the wiincas Chan Mo- Ing girl. While the respondents the respondent In Bushong had tak, called for the responder 's, that. Jp Slu-hong

has

moved out of the premises, This removed tq 199, Hollywood fact was seized upon by the appel-

.out

admit that

the

獎

Beverages

ASWATSON & ER, tis

THE POPULAR CHOICE

Living Language

Why wo say Lumber-room

A "lumber-room” is really a pawnbroker's room where unredeem- ed pledges are stored, because the bankers and pawnbrokers of the middle ages were the Lombards (that is, lang-bards or "long- beards") who came from northern Italy.

Mail Notices

Latest times of pasting C.P.D. and at Kowloon Post

artietes amea, rezistered

and parca mais clota ona hour earlier that the ordinary mall times shown below;

WEDNESDAY, APRIL 2 By Air U.S.A.. 2 p.m., PA.A. Malaya, Indonesia, Australia, New Zealand. p. C.P.A

Japan, Korea, 6 p.m.. 3.0.A.c. Formais, 5 p.m., II.K. Airways. Okinawa. U.S.A... Canada, 5 p.m. N.W.A.L.

Dy Burface Macao, 11.30 p.m.; @ p.m. as Lee Hang Tak Shing.

Canada. 3 p... Peter Maerik. Japan. U.S.A., Central & South America. 2 p., es Pres. Grant,

Formota, 2 p.in.. e Shengking.

THURSDAY, APRIL 3

Siam, Beiru

· By Alt ----

Burma, Pakistan,

Bhors.

Creat Britain, Eurose,. via B.O.A.C.

Rond, they deny that he re-lant and is now advanced. moved all of his furniture round of appeal, Counsel for the Indo-China, 3 p... Air Vişinam.

are appellant has from the premises

argued that and claim Chairman never applied

Philippines, N. Barnco, p... that he is still in control of the to this aspect.

C.P.A. hly mad That may well be

for the that the

1

remarked that

By Bariace Macao, 12.30 p.m.; 8 p.m., sa Lee

Honk Tak Sho

China, People's Republic, 8.30 am. train via Canton.

Malayo, Middle Ensi, 10 R... 55 Tarifa.

Philippines, 9. Morella, Indo-China, Mauritius, 2 p.m.. as Lumi.

,

FRIDAY, APRIL. 4

By Air

Japon. Canada, U.8.A., BA... via C.P.A.LV

premises having put one Chan 10, although Miu in occupation free of rent point was present to the mind of

retpondents subrensel to hold the premises for

Ip the Chairman of the Tribunal. Slu-hong's sister who is com ing from Canton, The second CAN'T TAKE POINT respondent, Chan Ng-shi, denied

I have already being a tenant of the premises there are no findings of fact in the and said she lived at 21, Cooke decision of the Chairman of the Street, Kowloon.

Tenary Tribunal, and so it is im The reas

reason given for the posible for this Court to say what the Chairman may or may not have application to recover posses had in his mind other than that there Bion was that the tenant was no subletting established. But the had sublet

question for me premises the appellant can take a point on now is whether without the permission of the appeal which he did landlord, contrary

Airways. to the pro- the Court below, In my opinion, visions

its not open to the appellant to Landlord

take a point on appeal which he did not take at the trial.

Under dinance.

rection

20 of, the Landlord Tenant Ordinance, 1 was opes. to the applicant to rely on any or all of the four grounde

the

of section 20 of the

and Tenant

Or-

5-WORD

In his submission there was nothing, to show that there was the parties and there was a new tenaney created between

that tchant to say mixed should read the printed con- to ditions on a receipt and should become hound by them, which wer were not in accordance with when, as in the the terms of tenancy, particularly, such

present case, ~ terms contents of cach

varied with the rent receipt bock that might be purchased.

Counsel submitted that it was R. H. Woodhead, Assistant | Andings of fact and no reasons clear from the judgment that n was solely on the ground of the rent receipt and nothing else that the Chairman based his decision that there was a vortation, of new Tenancy in 1940,

asked the

sald that he would the Court on three

Counsel Address points, namely:

1. That the Anding that rome time in 1940 the tenancy was varied and a new tenancy that rent payable in advance created cannot be supported..

2.--That in a case of this nature it is sufficient to be ready and willing to tender on the premises.

3-That

tender

Referring to General

At about 1 o'clock this morning, 4 large party of Police detectives under Mr

Director of Criminal Inves- tigation, Hongkong, and DSI R. G. Laurel, in charge of the Anti-Robbery Squad, raided various addresses in Bay View districts.

not take in

and

violation of which prescribed.:

Sam, India, Pakistan. Middle East, Africa, Great Britain, Europe, & a.m.. 3.0.A.C.

Durnia,

India, 10:30 a.m., Thal Formosa, Japan. Neon C.A.T. N.W.A.L.

Formosa, Okinawa, & p.m., H.K.A./.

Atalaya, Indonesia, Ceylan, India, 5 p.m.. 3.0.A.C.

Philippines, Guam, Hawaii, USA, Conado, & p.m., F.A.L.

N. Borneo, Australia, New Zealand, 6 p.m., Q.Z.A.

By Surface Macao, 12.30 p.m.; 6 p.m., a 'Lee Honkrak Sh

DECISION The decision of the President

would entitle of the Tenancy Tribunal is him to given in five

recover possession, Ho and failed to words, viz, "Norelled on one only subletting proved. Application that it is the duty of the Chairman, Cantart.

establish it. I do not conceive dismissed" There

le make a case for the applicant; he ta there to despense fustice at Noreverell. between the parties on the facts before him.

In the circumstances. I

of

serond point. the Police found two Chinese | ground must therefore. Arst before me and not to what might

argued

surrendered occupation to Chan Ng-shi,

this amounts to a parting

have been or what might get ba before me.

Yar the reasons given, the appeal a dismissed with costs.

SIDE GLANCES

China, People's Republic, 8.30 am. Malaya. Burma, India, 10 .m., 55 Philippines, 10 a.m., ay Mindanao, Japan, 10 am.. Strant Makaszor,

SATURDAY, APRIL-3 By Air Burma, India, Pakistan, Bahrein. Great Britain, Europe, 11,30 a.m., via B.D.A.C.

U.S.A, Canada, 2 p... P.A.A. Japan. 6 p.m., B.Q.A.C. Indo-China, France. Fredeh North & West Africa, 5 p.m., Air France.

Slem, p... Thai Airways.

Tly. Surface Macao, 13.30 p.m.; 0 9.m., « Lee Hong Yal Shành.

China, Peopic's Hoppuhlte, 920 a.tn. 5. p.m., train via Canton.

By Galbraith

from the Anding that

hoting of that kind, in fact, the Chair: oplum, about four taels of raw

are given for the decision.

Four grounds of appeal have been set out. The first ground opinion that it is unnecessary to the weight of the evidence. The evidence that was before him the is that the decision is against decide the point whether on the Court on this aspect to reverse ine

decision was that no subleting the respondent Ip Blu-hong had in decision and to hold that since tent

Slain, Chalemon ought to have found that was clearly not payable in advanca

was proved and I originally that the mere lender or

um satisfied

fact parted with possession of the these forme of

utleient to say that

recelpix was not

that there was no evidence to gramines and thereby committed

breach of section 20 above-named It was ow

support the claim of subletting, enilling the appellant to recover payable in advance,

On entering the premises at. and the decision is in accordance possession. I contine myself to what SECOND POINT · Dealing with us

No. 66, Java Street, second floor, with the evidence. The Mr Barnacchi before there was a tenancy agreement in

said that normally males preparing oplum.

fall, Grounds 2 and 4 were scavice of application is suffi-

The which was proved that one or place was scattered with chattles, elent.

the terms of agreement was con-

together. Ground 2 is that dition is 10 postgent of art, pots, pans, filters and other since the respondents admit that 300 of Woodfall, 24th edition,

that case the question of tender on articles. The men were detain the tenent, Ip Slu-hong, has Lardierd

the property did and Tenant, Mr

not arise but ed. A further search of the pre- moved out of the premises and where, as in the present care, there Bernacchi said that one could

mises enabled the Police to seize was nothing established except the soy xith confidence that the tenancy at a certain rental, then opium pipes, pipe heads, lamps General Rule was rent was not good today as it always had been

the old common law rule was as and other smoking gears.

with possession sufficient for the rayable in advance unless it that it was sumicient to be ready

Chairman to order the eviction was expressty reserved to be and willing to tender rent on the

In the premises downstairs, of the respondents. Ground 4 is cayable in advance.

property.

the Police found one oplum pipe. that by living away from the After reading a portion After referring to the judg-Judgment, Mr Bernacchi arid that it

of the pipe heads and a quantity of premises

nises Ip Siu-hong is no long-* ment which dealt with the prin was clear that the Charman did and Prepared oplum on a tray in er: a protected tenint entitled fo cipal point (was rept payable in that appellant was ready and willing one of the beds. Hidden in a advance or in arrears), Counse

to tender en the land.

the protection of the Landlord secret Mr Vine Interposed

compartment of a drawer and Tenant Ordinance. cald that it

to say that was a large far of prepared say

was impossible to he did not think there was an find-

Counsel

the appellant contended that aut man dismissed the whole idea. originally rent was not payable

Ip Siu-hong is a oplum, and two tins of opiunt non-occupying tenant and. that Mr Bernacchi zaid list if he wax dross. in advance but that as from right on that point, in such types

One of the Inmates was a statutory tenant some time in 1949 a new tenancy

Is only en D tenancy the landlord would have arrested by Police.

titled to protection to u anay to his tenont

when..In was created on the terms that your rent" and if the latter refused "PAY

residence. In support of bla Brought before Mr Poon Yan-contention, Counsel cited the rent was payable in

to take out proceedings. advance. The reason

Appellant ind been a contractual

hol at Central this why the Chairman tenual for a large number of year

morning, case of Brown v. Brash, (1048) heid that a

three men were new tenancy was

Na monthly basis, 10 that any possession of opium and opium presupposes in the first place

charged with 1 A.E.R.

This argument 022. because of the terms of the rent cause the question of common Law created, Counsel submitted, wa question of what would be the post-pipes.

tion of a mero statutory tenant, receipts that

that the tenant Ip Stu-hong was were given as

rights night or night, not come from 1940.

did not arise where he was in fact Soochow, He said that the phraseology

a contractual tenant, Counsel said.

He submitted that it was clear Street, Arst floor, and Chan uned by the Chairman admitted that the position was the landlord Ping-yueng, 47,. native of no other Interpretation. It and therefore a readiness and wisi vore

was due to be paid on the land, Shanghai,. of the second, floar was impossible to read inta ingness to pay on the land was A respectively when

fined $1,350 and

$850 those words

of finding "rent sufficient tender and diete was no

they both leane or other contractual always payable in ad- obligation for the tenant in a case ploaded guilty to the changes. tenancy, of premises within the

Chaw Kam-kwan, 33, native when he pleaded not guilty and of Shanghai, Was discharged

offered no evidenco

particularly, when

for

a statutory tenant Lou Pun-kong, 51, native of

of No. 05. Java

Of

sear

tas vance"

of this nature to And out his land- he lord and used the phrase "new tenany."

pay him wherever the landlord might be. POSITION CLEAR

This was a most important point, Counsel' added, In view of the fact Counsel submitted that the that I could not be dented the Police position was quite clear that numerous casca were coming before against him, these printed terms on real these Courte where there was a The oplum and oplum

strong suspicion that landlords made mere ordered to be confiscated. receipts varied, although

themselves dificult to find so is to true that in all of them avoid a tender within 30 days. the

"rent

payable 10 The hearing is continuing, advanco" was to be found.

The appellant's evidence, sald Counsel,

was that he, never CHECK YOUR KNOWLEDGE bothered

about, these printed.

· ANSWEIS provisions on the receipts and it 1, Dragon: 2. Detroit, Michigan.

was

term

arcmed from

the respondents' | 3. ) Aretic Circle, Antarctic. own evidence that the rent was Circle, Tropic of Cancer, and in fact very often paid in ar- Tropic of Capricorn, 4, Shigeru rcara.

Yoshida. 5. Venus. 0. French,

INTELLIGENCE TEST SOLUTION

e quite simple, really. After Penny arean train'there's

an interval of three minutes before Shillingatone train comes in. The next Penny Dreen train appears after an interval of a quarter of an hour,

London Express. Barvice,"

DEFINITION

What is a statutory fenant? Meganry dth Edition at p.142 skys: "A statutory arises when a tenant

Arts hilds over,

tenancy under a

Le., remains in possession after the expira- tion of the contractual tenancy," In Drown v. Brash cited by Coun sol for the Appellant notice to quit was given to the tenant. In the cass before me, 'Counsel for the

cits denies that the tenan statutory tenant while agreeing that Brown v. Brash would apply if the tenant In Stu-hong were a statutory tenant. From the record of evidence taken before the Tenancy Tribunal, there is no evidence whatever that the tenancy of Ap Bahang wat determined by any nazee and I had myself compelled to and that on such evidence no statutory tenancy has ein and so the principles allid down in Brown v. Brash cannot apply to this case. That being s grounds i shd.4 must also full,

I now come to ground of the 'grounds 'ož appeal which renda

动醬

T 36, 14, 11, 8, Pul QM,

"Romember now, let's not talk about the nut and bolt. business tonight! Did you ever finish that art book I gave you for Christmas?”