1954-03-09 — Page 10

THE BEESTON BOILER CO., LTD. HEATING EQUIPMENT, BOILERS, RADIATORS, ETC.

ENGINEERING EQUIPMENT CO., LTD. HK. & Shungkal Bank Bldg. Tel. 27789

Urban Council

Elections

By Boo

to

today,

25 per

cent of thone entitled to register

vole AL the Urban Conwell electionis on March 24 had done no.

The total number of re- gistradons then stood at 2.300. an increase b. 103 on the overnight figure.

No further personal re- gistrations will be accepted at the Registration Office in the Supreme Court building After 5 p.n.. today.

Man's Ear Cut Off

(Continued from Page 1)

fell

One of the Lance-Corporals fived and the prisoner down," Segal went on.

told

10

"Innes-Walter hoot the man which I did. The Lance-Corporal fired once

bullets fired several Duboise was killed.

1

Segat

said another subaltern-Lieutenant

and The

CHINA MAIL

Next

New Ferry Piers

Within

21/2 Years

The new piers to be used by the Star ferries will come into operation within the next two and a half years, it was disclosed at the annual general meeting of the Star Ferry Co., Ltd., held this morning in the Board Room of Jardine, Matheson & Co.

The piers will be constructed in two stages and work will be simultaneously carried out on both sides of the harbour.

Reconstruction of the ferry fleet is also planned, with one new vessel, similar to the Elec- tric Star, already on order.

tained!

British June Howard, now sald to be in England-was also present during the shoot- Ing. but #t was Innes-Walker who had given orders to shoot the suspect,

Corporni Harun Kipura, L member of B Company. 51 Battalion, King's African Rifles. Grlf- formerly commanded by

Mau Mau fiths, snad he saw suspect in The company cunip

Putting on his trousers.

He noticed there was

bloco on the muz's por

Thur

Luc in the forest the sazu prisouer was ordered by tunes- Walker to run and then the Troops were ordered to åre.

HIS OPINION

some-

as quickly

Offeer, denud that Griffiths had told him a prisonce's

var had!

10

Lo

DI

1843

TUESDAY, MARCH 9, 1954.

SIDE GLANCES By Galbraith

for

Cope, 1964 by NEA Bervice. Ins.

1-19

aro

Share, Tax

free, The statement by the Chat: $5.50 per 20an, Mr Robert Gordon, vir-absorbing $440,000 and making culated beforehand share the total return for the year Folders, and presented at today's $0.00 per Share, a transfer

Reserve of Reconstruction meeting read

During the year 1953, despite $250,000 which, in view of our the depression in business in the fleet robu programme, is Coluny, our traffic was main most

most essential and the necessary carried and we again

of $160,105,23 provision over 36 million passengers in a Corporation Profits Tax. I trust

130,804 total of

Our that Shareholders will approve crossings

which bassort perion was, of course, fh of these proposals

Coronation incorporated during The

in the Accounts | celebrations and on the first day new presented,

we transported 150,506 passen -

The Balance Sheet shows gers, an all lame record for our

The our sound position.

existing during the ድሮ and service,

now stands mainder of Coronation week the fleet of alx vessels

conservative passenger toad exceeden 130,000 $2,873,000,

Agure. persons daily, the normal load $2.989.000.

These being just under 100,000

and Bgures are impressive wish to pay tribute to the

for cast. the stall, oshore and afloat. for

The proposed transfer to the excellent

done work

by

Reconstruction Reserve, if ap- thent. hort only during

this particular period, but through proved, will bring that reserve In no less degree $3,300,000, ut the year.

would like

The commitments 1፡ thank the travelling public who have the Balance Sheet are the cost shewn appreciation of the efforts of the new vessel previously of our staff by co-operating so mentioned and the cost of in-

during stalling diesel engines courteously. specialty

Lounch "Golden Star".

rusti hours when queuing, always irksome, is unavoidable. The lack of major incidents on bur premises is proof of this m.tual understanding between our employees and the passen-

13

In two

operate

PIERS

Current

It

Asscia Lotal

At 31st December share investments had ap- value by $467,000 preciated in which is 58% of the

original

noted

on

A scheme has been approved your Board of Directors for

of

пос

on

"I'm only visiting the doctor every six months now-- always find several new ailments sitting here waiting

so long!"

Cross-Examination Of Bank Manager

the

Mongkon

nor

al

LARGEST WRITING MILEAGE

GUARANTEED

SHEAFFERS

Fineline

500"

RETRACTABLE BALLPOINT PEN

POSSESSION OF PROPERTY ACTION

Full Court Upholds

Judge's

Decision

The expression "annual value” of premises was dealt with by the Full Court this morning when they upheld a decision of Judge James Wicks, given in the Kowloon District Court, that he had no jurisdiction to entertain an action for possession of the business and premises of the Great Shanghai Hairdressing Saloon, 10 Bowring Street, ground floor.

The Full Court, comprising Mr Justice C. W. Reece and Mr Justice J. R. Gregg, gave their decision in an appeal brought by a Chinese mer- chant, stated to be now in South Africa, against the decision of Judge Wicks.

Вп

the was ns-

Mr Brook A. Bernacchi, in- structed by P. C. Woo, was for

19

wo

those

and

with the argument that "annual value" means annual ront, but we are unable to agree that the $200 paid by the plaintiff to the superior landlord is the rent of the premises ns between the purtles to the detion. For the rent we must go to the Agrec- ment and there in Clause 3 it Is stated that "the rent paid for the said licence shall be the Bum of $860 per calendar

# month."

ac- that he had no jurisdiction to Judge Wicks found that

but cording to agreement be entertain the action, tween the plaintiff, Song Lam, come to this conclusion on dif alias Song

from Ling

grounds (appellant) ferent the defendant, given by the learned judge. merchant, and

In our view the first question ng Ki-chi (respondent), u

to be determined in whether the of the premises

Into be- sessed at $800 a month, there Agreement entered fore its annual value was $10,- tween the parties created the

landlord 820 and as a result the District relationship of

to tenant or that of "licensor" and Court had no Jurisdiction

icensee" as they are described hear the claim.

o the instrument itself.

That is the only figure mentioned between the parties its well settled that coll- stitute

and that is the a tenance

essential

consideration it is the appellant, and Mr R. W.. that there must be a grant of stated for the agreement. That

Ford, by

is the sum, which the exclusive

and that

plaintin possession the respon-is no lease where

is entitled to recover under the the grantor agreement and no retains possession of the

other, and The judgment of

that and no other sum is the perty or premises. Indeed this rent. But Mr Bernacchi con- Court read, in part:

1s the characteristic distinction

that This appeal has come before between a lease and a licence, 1s

tended

igure the Court by way of i

primarily the Life case which is merely a permission to rat stated by the parties arising out

of rate use the property in a particular formed no guide

the busines and of a decision by Wicks J. in the

being entilied to annual value of way without District Court on a submission exclusive possession. that the Dot Court had до It is Jurisdiction to entertain Action

dent,

instructed Winter, Kwan and Co, for

the

Full

(1) By

35 quite clear

look to the

DEFINITE

TERM

01

pra-

this

Court's lore of

hiring

of opinion

the that, for the reasons given, the

entertain it on the grounds that of the agreement that "nothing the agreement under which herein contained shall be con- (a)

strued as to create any relation- entered the

Into defendant The

and ship of landlord tenant be possession of the premises was tween the licensor and license" a lease and not a licence and twe

truo

that the District Court had no we are of the opinion that, have Jurisdiction in ejectment, and in regard to the substance of (b) assuming the document to the agreement, the

struction Is that it is a renung bo a licence, the value of the

for the subject matter claimed i.c. the of the premises solely

carrying on a hair- purpose of promises, fittings and fixtures,

dressing business and that these exceeds the annual value of

words are not sufficient to sɛVO $5,000.

the agreement from being con- strued as a lease and not as a ilcence.

Love-Sick Girl Swindled

woman

28 to tho the premises. We cannot accept the argument from the S the authorities that the Court must that the Court must deduct the value of furnishings and good- substance of the will and attribute the balance to The Writ which issued out agreement rather than the

view Somershield rent. In our Mr Marcel P. Ubaghs, manager of the Banque Agreement dated 1st September possession by itself is not sui- conclusive

recited inter alia:

mere words and that exclusive Robin (1946) 1 AER is conclusive against any such Belge Pour L'Etranger, was cross-examined by 1950, the Plaintiff hired to the clent to create the relationship argument for apportionment and

of his of landlord and tenant. Mr John McNeill QC, with regard to bills of Defendant the whole

business the Great

the figure $860 per month men- Shanghai

Boned in the agreement must be Company in the exchange at this morning's hearing of the Hairdressing Saloon

hild to be the rent. That being with ull the fittings $2,000,000 suit brought by China Mutual Trading

When we turn to the language so it is easy to see that the an and fixtures thereto appertain~ | Co., 13-27 Ice House Street, against the Banking Defendant was given of the agreement itself we find nual rent or value does excoed Major William Day, second in

the provision of Quarters for before Mr Justice.J. Reynolds in the Supreme weeney to occupy the premises that the draftsman has employ-$5,000 per year, the limit of the command of the bullation, said

Chints: Staff and I am con-

of the business namely, No. 10 ed terminology commonly found when he visited Grifths' head-

ndent

lenses. There is a definite We are floor, in Court. that Shareholders

Bowring Street, ground wiil endorse that move as essential quarters during the operation ne

Kowloon. The sold Agreement term for the duration of was told by Griffiths that a Mau

Twice during September the for the wr-being of the em- Mr McNeill is leading Counsel | shoots, If the sellers produced was for a period of three years so-called licence and this very answers to the questions sub- Mau suspect had attempted to

fact would in itself seem to be initied to the Court are:-1. The service had to be suspended be-ployees, particularly when hous- for the plaintiffs who are claim- | documents which covered 1,000 at a rental of $800 per month.

a denial of intention to create annual value has been shown to un away and had been shot

cause of typhoons. No damage g is at a premium in the

ing for the return from the tons of rubber to the Bank's (7) The annual value of the

a licence; for a licence ig re-

be over $6,000 and therefore the It hoped that this Bank of HK$2,590,171.90, being correspondent together with a said premises la under $5,000. was suffered to either the plers Coleny. Ite also mentioned

scheme

at the will will

The plaintiff claimed posses- vocable

the District Court has no jurisdic- the balance of margins paid in draft, the correspondent would implimented tung- must be honest

or our fleet. and

during this year.

connection with the

not

sion of the premises, ittings grantor, negotiate the draft,

whereas Axing a detion to entertain the action. 2. say I am very vague about this

term is ++ Anancial position of the

and fixtures and ejectment of Anite

dominant The agreement does create the The plans for the about ears,” Major Day stated The detailed

of certain goods into

would they negotiate if the bill

characterisile

and relationship of landlord and of a lease new piers have been completed Company is sound and we are Plaintiffs claim repayment of Jading

the defendant. -of of

shipment showed

tenant between the parties, He told Grafiths the

this sum with Interest thereon, which did matter

not confirm to pro- and the central reclamation in confident that the future pros

When the action came on for precludes revocation at will.

The appool is dismissed with must be reported.

Hongkong, where the new perpects are good.

or alternatively

for the equivalent visions for shipment contained hearing Mr H. L. Kwan

In spite of the express pro-costs, in Hongkong dollars of US$449,- in the document. If the Bank's the defendant objected that the vision contained in Clause 8(d) DIVIDENDS APPROVED situated, to be

1a weil ad-

A resolution that An interim

604.43, or vanced. We have been advised

Alternatively

amages.

did negotiate the correspondent

Court had no Jurisdiction to The Defence is that the draft, accompanied by wrong by the Hun. Director of Publi dividend of $3.50 per share, free Asked by d, tetive counsel, Mr

of tax, be confirmed, and that margins had, at the request of documents, and if the Bank did Works that we shall be able to Gledhill, What his opinion was

final dividend of

$5.50

plaintiffs,

correspondent, these new plers

been converted reimburse their operate from of Griffiths, Major Day replied "my opinion of him at that time probably in two years' time and share, free of tax, be paid, and into US dollars and that they then the Bank could not recover that the Report and Accounts certainly within two years and

were held by the defendants in their money from the plaintiffs was that he was an extreme y

as will presented be adopted Was US dollars in the United States. because the draft did not comply six months. Construction good operational company com-

af a result His one objejel

out simultaneously passed by the meeting, on the As mander,

the freezing wih requirements and would not IL be carried

Mr

under that un both sides was almost a juke was to try

of the harbour proposition

Gordon, regulations passed in December, be a draft drawn

had become credit. to pursue by every

and the plers will be constructed seconded by Ma). S. M. Chura. 1950, the monies means, In

The appointment of Mr Gor-blocked the first

and could not be re- his power, the method of finish-

two stages. When the

in draft turned

a sample Shown teddon, Mr H. Kadoorle and Mr ing this emergency

half of each pier is complete, B. T. Flanagan on the Board of

were the As possible."

In 1950, we shall change

Mr McNeill, Mr Percy Chen which the drawers

Mr and Mr Brook A. Bernacchi, all raghs agreed with Mr Mc- over to the new premises and the Hon. Sir Man-kam Lo, CBE, Directors was confirmed, while

in Hongkong. plaintiffs

A love sick young Lieutenant-Colonel Leopold

therefrom while the

Instructed by Mr Y. H. Chan, of Neill that the only place

JUDGE'S OBSERVATIONS

who confded in a fortune-teller Evony. Grufiths' Commanding second portions are being built. and Mr H. D. Benham were re-

Meaars Lau, Chan and Ko, ́are

and sought from him the return which that draft could be pre- the appearing for the plaintifs. This intermediate change-over is elected to the Board.

The learned district judge,

of her wayward boyfriend was of Mr proposition

G. B. S. The defendants

sented for acceptance and pay-

ADMITTED GRANT the present Kow- Thompson (Secretary), seconded

are repre- ment was Hongkong.

|awindled of $90 for 3,000 prayers necessary

in his Judgment, after setting It was loon Pier must be demolished by Mal, Churn.

sented by the Hon.

drawn up in Brussels outside out the jurisdiction of the Court

which he purported to have In the case before the Court said, for her at $18 a 1,000 before the new Kowloon Fler

d'Almado, QC, and Mr D. A. Lathe Colony and payable inside by reference to Section 5 of the Messrs Peat, Marwick, Mit-

there is an admitted grant of prayers. The extra money sho can be completed. On compic-chell and Company, Chartered

Wright, both instructed by Mr the Colony and in the Colony Supreme Court (Summary exclusive possession and a tion there will be four opera-Accountants, were re-appointed

H. J. Armstrong, of Messrs only, he agreed.

Jurisdiction) Ordinance went stricted use

respald was used by the enterpris of the premizes tional berths

cach terminal auditors, on the proposition of

to state:-

the ing bohemian for the purchases for the purpose of He agreed with Counsel that EXPLANATION

only ** Bernacchi's with ample waiting room space Mr E. Grant Smith, seconded by

of toss sticks and joss paper, or argument business of

hairdressing Me all the drafts concerned were amenities and

Mr Ubaghs agreed with queuing

such Mr J. Kerr.

in assessing. "rent"

saloon.

There are no circum- he said. McNeill that

draft drawn in a currency expressed will

the

The should cease as the

items as tenant's Axtures and stances that we can and, which

·LI fortune teller, be considerably

which the Bank expected from which was not the currency of

fittings and goodwill inust be negat

be negative the prima facle pre-all of Bee Lan Street near ran a little Cheung, 40, who the sellers of the goods in due the Colony, but denied that the

assessed and excluded is

per- sumption to create tonancy the of

cource was to be drawn upon obligation of the drawee In

suasive, but it

Hollywood Road, pleaded guilty in seen that the contained in the grant of Ex- the plaintiffs who were then respect of a draft drawn in for-

was to pay in wording is "annual rent or value clusive possession.

to a charge of arceny by trick Wo are the drawees,

the cign currency

thereof

and awers being the sellers.

surely the Hongkong currency at the rate

the "value" satisfied that the real intention and three counts of, unlawful Mr Hin-shing of "possession" includes such of the parties was to create a pawning before When the Bank,

through tts of the day. In the absence of

items DS tenant's fixtures

lease of the premises for the Lo at Central this morning. A fire of unknown origin | corrependent

the any stipulation the right was to negotiated

and fittings and goodwill. Mr

I planned to make restitu... the of carrying on. Mpurpose broke out about 5 a.m. today in bill the seller produced to the receive Hongkong money of

Bernacch!

tion, cald L when asked if he concedes

the business that

of

hairdressing the officers' the piers have been Bnalised we 2,824-toth Norwegian freighter, together with the bill of

quarters of the catrespondent certain documents Hongkong, he agreed.

to agreement produced

say in milga The case is proceeding.

saloon and that the

had anything" grantee was are in a position to plan He also warned the court that construction of

Court may be a licence, and to have the use of the fixtures, tion, but I was swindled of my 59 Апле One

Reed. at the Talkoochonge and the documents

which

money as, incidental to the purpose of

*Police Station," In the ls agreed between the parties ler Dock drydocks. Second Lieutenant Innes-Walker new vessel is already on order.

the buyer required were those

that the Plaintiff has possession, the renting of the premises,

PRISON SENTENCE was a witness whose evidence similar to the

the "Electric Star", The fire, which lasted about se: out in the authority to

consequently he. has possession the words of Lord Justice As his victim looked on, Li should be treated with care. Further building is to be carried half an hour before it was put negotiate, said the witnesa. Ho

of the premises, tenant's fix= |Somervell In

Facchinfa

ase was sentenced to six months He was a young officer who out on a regular programme out, extensively damaged three added that the documents form-

tures and attings and goodwill, above, the parties cannot turn hard labour by the magistrate, the value whereal has been the agreement into a licence by alleged that he had on February ed part of the contract between

The first charge against ILK.T. the buyer and the seller of the

6. Time Signal and Programme under the agreement assessed at saying at the end: "nothing goods because the seile: sold. Summary: 603, Apanish

10 stolen #90 from $880 a month, that is, in this herein contained shall

be con- under certain conditions and if Chrice Montoys presented by Linds

case the "annual value" of "the strued to create any relationship plainant, Kong Kel-kuen, at his the letter of credit or authority

Salvation Army Band gossession has been expressly of landlord and tenant between fortune-telling to negotiate did not conform to

Kettering

Within the next three days agreed between the parties as the conditions

by Albert E. Munn (BBCTS);

the licensor and the licensee." of the contract | d59. Weather Report; 7. Tune

being 910820 and as A result

he unlawfully pawned a gold then it would be refused.

Bignal and Work Now (London

no jurisdiction Having come to the conclusion, ring, a metal watch, a winter Witness agreed, however, that Relay: 7.10, News Talk London this Court has

and it not necessary for me that the Instrument Relay or Special Announcements:

is to be jacket and a gold bracelet which until the seller had been notit, Interlude for Music with Elton to decide on Mr Kwan's first takon

It remains, complainant had given him in 730, (EDCTB):

Forces ed by the correspondent bank Hayes-

however, to determine whether zu of money. the credit, there was no Demi-Heure Francaise (Studio): 8.30,

Favourites London Bely); argument."

From this judgment two thinga

How the

The fortune-teller had spiced. contract between him and the "First ' Hearing presented

tenement does not exceed the his prayers and swindling with correspondent bank.

sum of five thousand dollars, a deal of intrigue. On his first

the so as to fall outside the Juria- meeting with

girl, ho welcome in- Wal Mui, 點 27-year-old When the correspondent bank by the Rev. Father T. T. Han, S.. what was meant by the ex- crease of nearly $100,000. This butcher of the slaughter house negotiated the draft by payment story of Pierre Clostermann, D.F.C. distric

(Studio) 9.30, Fighter Pilot

pression

"anmial

the diction of value"

for we are charged her $1 for his services the con- satisfied that the is due to a substantial decrease at Smithfield Road, Kennedy to the seller then the draft was adapted from: His Book The_Big

district judge came Area he would have caused a In the cost of fuel which is a Town, stood before Me Hin- transferred to tho defendant Show Produced by Alan Burge clusion that it meant the value has otherwise got the jurisdic could bring about the renewed lot of destruction, Mr Lawrence

Mon to our operating shing Lo

Leffort for affection B entertain.

her boyfriend auch. rtain an action fo many "happy dagra, strragende Long at Central this morning major item in.

thic Bank who bocamo the holders ECTS) E050, AL the Ballet the of

Princes. (Tchaikovsky)

dxtured fittings restrict Jug af and morning charged with attempt of the bill, said Mr Ubaghis. The Profit expenditure.

and

ejectment. sentencodi 27-year-old Chan

In the proces he made com Hing to

three

month hard Loss Account is straightforward.ed murder.

$100,000 by $10 Jabour Loy attempted larceny and Revento malicious damage to property exceeding $25.

been cut off,

He agreed he told Grimtha "for God's sake don't lose them (the

prisoners) whatever you

do".

more men

About 24 or Griffiths' company were Joter arrested for alleged acts milled during the operation, he sald

com-

and

at

auemented

most courteous

wish to express Fire On Ship

Co-

Mr Hobson, the prosecutor, warned the court that Private operation we have received from the Director of Public Works and his Staff throughout

Segat was "an accumplice

the fuets alleged" and that it would be dangerous to convict discussions on the project.

on the evidence of

plice.

But he

evidence in

would

an accom-

submit other corroboration.

FLEET

Now that detalled pings

and to a

our Acct.

[ew

yours!

our

In Drydock

had already been severely re-

cabins. There were no casual- time we

ties. primanded by the Commander- shall have a modern and en- in-Chief,

Four fire engines and two General Sir George larged fleet capable of meeling

fire floats were rushed to the Erskine for committing perjury. ali traffic demands,

The court

scene, and, under the super- adjourned,China

The existing fleet has been vision of Mr W. J. Gorman, well maintained

the Chief Fire Officer, quenched the year

and we have been free fames before they could seri- from

mechanical failures, ously spread. any 312 apart from normal minor wear

Mall Special.

Chopped Phone Cable

and tear troubles.

during

ACCOUNTS

You will see in the Prost and

Attempt To

Loss Account now in your hands Murder Charge

PREKA | that the Balance of Working Remarking that if the defend- ant had broken the telephone Account shows a cable in the Mount Dayls

L

up

Central at

Debeons.

known

of

аз

CX-

In

Radio Hongkong

Gullar

on

that

to

the

U

Bernard Hicks (Studio): 9. Time | Serge crystal clear and the annual rent or value of the

consueting Societe Des COLDET Du Conservatoire De Pun

Mr Ubagha agreed that upon dretestry De Le

the

the com-

10istrict Court and lod her to bellove that he

while expenditure has niso in-plained to the accused, but, no in the claim the only party, to condurin BACTER

The charge was'ized and ex- the bills of oxchange concerned) - Bourges (Delibes) 24: Victor Olor* R.

Jeale or losion | De Bernacchi" for the op- plainantā tie "adopted Vaistbe.~

grease by $20,000. There, was plen was taken.

dotdamking whether.

It was on March 3 that an

argued that the annual Wal was re- whom the Bank could look for Romandoo weather and thereby escaped the neces-value' meant nothing more unknown Chinese told com a marked drop in the cost of manded three days for further payment of the drafts was the large

Panda sity of reaching a decision on than annual rant and

{

stated plainant, Paheli was so being On Sunday the defendant was caught chopping some telephone pier repairs but this is still a investigations,plaining arms fish) Gooma unor do the first argument advanced by that the only rent for the windled. Thereupon she made mians before the Court is $160 s report to Central Police accused is alleged to

IN CONFOERTY 2000 Barazhen Girbent 1.36, Close Down, Mr Kwan mat the document cable of the Hongkong Tele very costly item. Royally pay-

Government Ins,

paid by plaintiff to the superior Blations which led of have wounded Leung Yiu at the Mr Ubagha^{\also agreed. that'

being a lease the Court had phone Company in Mount Davis able to

Jurisdiction in ejectment as a

landlord. We have no quarrel | Eventual arrest. Road with a sharp stone.

course, increased in relation to slaughter house on March 81 the draft drawn under ) the k When he was discovered the the better financial results. with the intention of murdering authority were drafie drawn (in

Tho defendant had only half-cut the

appropriations recom- | him. || Sub-Insp; - 8.8. Chan 301, conformity with the ni

Teapacy Tribut

Printed and publi Western' is in charge of mente in that doesmeni kë worth cable, causing. $60

of mended by your Board are the C.LD.

Ives ir sarees andton÷behalf of Bout storament, concerned multa

district, Judge: „Wyndham «Mireet @City damage.

payment of a anal dividend of the cáme, Cas

“What's Har Linë 724 Solution SUB-EDITOR