1954-07-02 — Page 10

I

WHITEHEAD & CO., LTD.

WOODWORKING MACHINERY,

| ENGINEERING EQUIPMENT CO., LTD. H.M. & Shanghal Bank Bldg. Tel. 27788

Rating Ordinance To Be Revised

An Ordinance amending the Rating Ordin- ance, Chapter 116 will shortly be introduced before the Legislative Council, it was announced in the Government Gazette today.

The objects and reusons of this Bill are as follows:

The main object of this Bill Is to extend the method of de- termining rateable value in force at present in Hongkong Island, Kowloon and New Kowloon to the remainder of the New Terri-

feries.

Court to the newly created Dis- trict Court,

Clause 13 menda section 28 to enable any point of Irw arising in a rating appeal to be reserved for the consideration of the Supreme Court.

taken to clarity minor points in The opportunity is also being

The Ordinance. The more im- In its application to the New portant of these are as follows: Territories (other than New the dolnition of the word "lene- Kuvioon) the Rating Ordinancement," clause 2; the date trom at present contains modifications, which the assessment of tene- enacted in 1935, whereby only ments able to ats interim areas declared to be urban areas valuation becomes effective, Buildings in these clause 11; the division of labour are rated, areas are classifed according to between the Commissioner of their

value, the annual rales

les Rating and Valuation and the charged being graded according Accountant General in the mot- to such classifications. It is con-

ter of making refunds on rates sidered that

the development, under section 3D, clause 15; and Particularly

of the urbanised the delineation and describing in areas of the New Territories, is regulations of those parts of the

uniform system

Colony wherein a valuation system of valuation should be applied, tenements may be ordered under 7, thus enabling the Clause 10 repeals section 31 section of the Ordinance with

effect annual order under that section from the end of the financial published in the Gazette to be year

thus permitting the concise by making reference to Governor in Counell to urder, these regulations,

Buch that

under sertion

ance,

7 of the Odin-

valuation of the tene-

nichts 1} such parts of the

of

Colony as he may direct, New Situation

clause 14

Dut

provides that rates charged in the New Territories (other than New

Kowloon In Indo-China

shall be at lower percentages of ratouble value than those at prosent appileable in' Hongkong Island, Kowloon and New How loon. Clause 10 provides that "agricultural lund" shell not be raicable.

EXEMPTIONS

(Continued from Page 1)

throughout

country the

to terminate United States member- ship in that organisation and Aur financial support to it," Mr Knowland declared.

Mr Knowland said: "For the moinent, the free nations of the world reem to be faced with

This incrlla.

Is bound further

to

At present, under section 40 of the Ordinance, certain tene- ments are exempt from rates so long as they are not occupied in any way for gain or pecuniary

Communis profit, and it is also provided Sourage that any educational, charitable adventures in Asia or elsewhere. "Where do we go from here? How

victories must many

be gained in Asia before the free

or welfare institution may be exempted from pasessment by

not

the Governor in Council. Those world recognises is danger?" provisions conflict with Govern-

"Will the

be argument ment's policy to avoid hicken repented to a dozen times that subsidies wherever possible; the the danger of atomic destruction situation frequently

is not worth the risk of involve- where for example a school ment in far off places?, he in- may receive a direct cash sub-

arises

quired, "Where is the line to be

constqueDres

re

vention from Government and drawn? la the American public may in addition receive a hidden to first fully realise the grave cubsidy in being exempted from to

the chain paying rates. It is proposed action now In progress only therefore

to conline automatic exemption from rates to agricul.. when future demands are made

tural land places of worship on us for Alaska and Hewall?" A State Department spoken-

and Government premises, and

to give the Governor in Council man, Mr Henry Suydnom, aald our Government is watching the situation in Indo-China carefully,

to exempt power

discretionary in other suitable cases. A further we were not informed of French Justification of the proposed Intentions but we assume that as change is the provision

under the French plans unfold, we shall acction 29 whereby a proportion be informed of them." of the rates payable is in respect

..

Reports reaching Washington of water, this proportion being say that 32 Americans were in taken into account in the costing the withdrawal area in the Red of the water undertaking. River Delta.

are Seventeen The District Court Ordinance, Government officials, one holds 1953, transferred the summary military rank, and the rest are jurisdiction of the Supreme missionaries.---Reuter.

Here in Hong Kong, fashion-wise women do: Shop Mode Elite

money

where a little buys a world of fashion!

CHINA MAIL

Gets Benefit

Of Doubt

A conviction against To Kam-hung, who

WAR DZ- tenood to nine months on charge of receiving stolen property, was quashed by

Mr Justice O. W. Reede. Pulsne Judge, at the Ap- peal Court this morniSK, when appellant was given the benefit of the doubt.

The Judge Bald accord- ing to the evidence, the Court was satisfied that the Crown had not proved qulity knowledge on the part of the accused and the magistrate on the evidence before him was not justi- filed in convicing the ap- pellant.

COURT

REJECTS APPEAL

An appeal against con- viction by Cheung Ching- kai, who was bound over in $250 for one year on a charge of causing

mali- cious damage, WAS dia- missed by Mr Justice C.W. Reece, Pulsno Judge, at Appeal Court this

the morning.

Mr Justice Reece said every- thing the appellant had said lo the Magistrate and all be had told the Court this morning showed quile clearly that he had been very properly convicted,

Not satisfied with the Judge's appellant remained ruling, the

In the dock demanding further audience and hud to be led down to the coll by Prison warders

In his appeal, the appellant said that the Kung Sheung Dally Press had libelled him and he

lodged had

complaints al various Government departments but was totally ignored. He said was forced to commit be

the offence because they (the long- kong Government) had

that his complaint. He added before hia committing the offence, he had informed the various departments, including the Police, of what he was going to do, but they did not stop him. At this stage, the judge told the appellant not to stout In Court. He added he wanted to know why appellant claimed the conviction was wrong.

Appellant replied that as he In Hongkong, the Hongkong was in Government had a right to pre- vent him from doing anything umlawful,

They

were also responsible for protecting any citizen in

in this Colony. By pro- Section, he said, he meant that they should not only protect one's life and property, but also his reputation,

Established 1845 -

FRIDAY, JULY 2, 1954.

SIDE GLANCES By Galbraith

J. M. Mog

3-24

Caer, 1994 by KEA Barres, Ima

.

"There! I hope you're satisfied, listening like sples to overy word I said-George thinks I'm mad at him!"

Court Action Over Rate Of Exchange And Interest

Argument by Counsel regarding rate of exchange and interest in respect of a judgment sum of US$449,504.43 which was awarded the China Mutual Trading Co. against the Banque Belge Pour L'Etranger was heard before Mr Justice J. Reynolds in the Supreme Court this morning.

*CLICKBR

BALLPOINT PIN

RUBY tip

SHEAFFER'S

NEW

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All Good Stores

Important Court Ruling On What Constitutes A New Building

The view that six shops built on a bombed site in Landale Street, originally occupied by a four-storey building, must be for the purposes of the Ordinance regarded as an entirely new building, as the old edifice had gone out of existence and past all repair, was expressed by the Full Court this morning when it allowed an appeal by a landlord against a judgment of a District Judge J. Wicks,

The Full Court, comprising Mr T. J. Gould, Acting Chief Justice, and Mr Justice J. R. Gregg, Puísne Judge, held that the District Judge had not applied the correct test, which was whether the old building was so far beyond repair that it could no longer be said to exist as a building.

The appellant was Ma Kam- For the reasons Indicated chan, who was represented by above, I think that the District My Patrick Yu, Instructed by Judge did not apply the correct Mr F. Zimmern. Ho had asked test which I believe to bo whe- that the decision of Judge Wicks, ther the old building was so far who had refused him possession beyond repair that it could no of the premises, be reversed with longer be said to exist as A costa,

buliding.

The respondents were the oc- cuplers of the shop premises, Kai Nam, of 1 Landale Street; Pang Chuen, of 6 Landale Sheet, Kam Shing, of 7 Landalo Street, and Hop

The original four-storey domestic building in the present case was reduced to a found- ation, a concrete floor, some drains, and the bases of walls to Landale S of 13, 14 and 14 They were re-

the height of three bricks. Surely presented

Mr Brook A. what remained was not a build- Bernacchi, instructed by Hastings ing (a word which for the pur-

of the Landlord

ond and Company.

poses In the District Court, the Tenant Ordinance must be closely landlord claimed possession on linked with the idea of human the ground that the shops were habitation); surely whai new premises and the tenancies done on the site could not pro- had been ended by a month's porly be described as repairs.

notice in writing.

The Full Court had reserved their decision on the appeal on June 8.

THE JUDGMENT The Judgment stated in part: The respondents olalm the protection of the Landlord and

Wos

A NEW BUILDING

In my opinion, the old edifice had gone out of existence and past all repair; therefore lis suc- cessor must be for the purposes of the Ordinance an entirely new building.

Tenant Ordinance (Capt. 155). The appellant's

It follows that in my view the contention is that the premises are taken out appeal must be allowed. By of the scope of

of that Ordinance agreement, the appeal in which by Section 3(1)

this judgment is fastituted was (a) thereof, about the essential facts. Before and it was also agreed that ali heard together with appeals There is little or no dispute Nos. 8-12 (Inclusive) of 1984.

and

The appeals in all the actions mentioned are therefore allowed, The judgment was read by Mr Justice Gould, Mr Gregg concurring.

Justice

LETTER TO

THE EDITOR

the Pacific War, the alte was occupied by a four-storey build- the

were Appeals

dependent Mr John McNeill, QC, Me P., to their agents in US regarding ing intended for residential pur-

the same facts Chen and Mr Brook Benacchi sums held by their customers,

During

ial pur-upon pones,

the War, in com- principles, and must succeed of (instructed by Mr Y. H. Chan) without consulting appeared

mon with or advising

adjoining premises, tall together. for China Mutual, the plaintifs.

they suffered damage amounting The difficulties plaintiffs in the original action they encountered in regard to

to almost complete demolition. which was for the retum

the De- of US legislation which balance of margins paid.

After the passing of the Land- fence might raise as an argu- lord and Tenant Ordinance, the the Hon. Leo d'Almude QC, ment against the award ΟΙ then owner obtained per and Mr A. J. Clifford, instructed interest could not be taken into

permission from the Public Works Depart- by Mr P. A. L. Vine, appeared consideration, Counsel main- ment 40

erect temporary one- for the defendant Bank. The | tained.

storey premises for use as shops. Defence was

that the margins,

In the new construction, almost converted into US dollars at

that the whole of the old foundation the request of the plaintiffs and had in the United States were blocked in December 1950.

by American legislation

The

The money was paid into plaintiffs' account in the United States which was also blocked, it was maintained. It was agreed by Counsel on both skdes

this mor

morning that if Interest were awarded it should date from April 7. 1931 when the plaintiffs wrote to defend Mr Justice Recco said if ants stating their demand for sive es to merit punishment by

grievances the return of the money. any

way of interest and. because against the newspaper, he could Mr McNeill advocated that in there was no evidence that the such a case where the plaintiffs Bank and earned interest from were not claiming interest as a the money after it was blocked, right, the Judge should use his Mr Justice Reynolds reserved discretion and award interest his decision. to the plaintiffs at a rate Axed by him (the Judge) as com-

withheld from them, or damages against the Bank for

appellant had

take civil action.

46 New Members Appointed To Tenancy Tribunal

Mr McNell contended the rate of exchange should be the open

market rate at the was retained, and also the lower date of default of payment, for part of the old walls to an aver that was what it cost the plain-age

height of throo bricka above ground level. The old tifs to buy the US dollars, and there was ample evidence that drains were used, the old con- such

crete

WI flooring

largely such a market existed.

After

had been retained and also most of the old arguments

Invatories. advanced by Mr d'Almada that interest should not be awarded claim, the Bank's conduct had because, apart from

the resisting not been vexatious and oppres-

pensation for the money being No

allure to pay the amount due.

The plaintiffs'

claim was

No Grounds

For Appeal

The Hon. Acting Chief Justico made in the letter on April 7, tras appointed the following 1951 and the basis of that claim persons to be Members of the

An was set out in the letter and Tenancy Tribunal Panel, it was

maintained through had been onnounced in the Government out. It was the bands on which Gazette today:

the Court gave judgment. # JUDGE'S DISCRETION

In addition to those 8 huge cartons of pretty clothes rushed from New York City last week, AGAIN air delivered this Tuesday afternoon is another huge air shipment of distinguished clothes for smart casual, vacation and party wear including a most fascinating collection of elegant midtimers in black and white to wear up till end of September. 20% cash discount on all elegant cotton Jacob Edgar, dresses and suitdresses of DISTINCTION. them all.

Come ..

. See

con-

been

case was heard beförs

to nine months.

BOT

District

COURT AGREES

Court, the

Str.

Plane Captured U-Boat

from

the

the

Mail

Notices

The Intest times of posting shown below are those for sh registered correspondenca posted at G.P.O. Hongkong. The latest posting times elsewhere which, in general, are enrlier than the G.P.O. times can be ascertained by enquiry at the local ames.

The latest posting Lines for registerad articles Men gotgrally one harur earlier than the times shown below, Particuiseu Pogged- ing parcel malis can be ascertain- ed by enquiry at any post dies,

FRIDAY, JULY 1. Formosa, Japan, Korea, a p.m. Indo-China, 6 pm.

Thailand, India. Ceylan, Pakistan, Middle East, Africa, Great Britain

Europe, p.m. Malaya, Indonesia, è p.m. North Borneo, Zealand. 6 p.m.

Formosa, pjn.

Austraila,

By Burface

Macho. 0 pm.

New

SATURDAY, JULY 1 By Ar Japan, Korea. U.S.A. & Canada. 8 a.m.

BUTT, B a.m.

Philippines, 9 ...

Japan, Korro, USA.,

By Burface

p..

China, People's Napsibile, 6.30 am. Thailand. 11 KATI.

Indo-China, 14 0.20.

Cshade, p.m.

India, Pakistan, 1 p.m. FORTIORS, p.m.

Macro, 1.500,00

Philippines, 2 p.m.

China, People's Republic, 6 pm. Macao, p.m.

SUNDAY, JULY 4 BY ALE Formosa, Naša, Cortada, i p.m. Philippines, Guam, Hirauti, UBA 2 p.m.

Indo-China, Malaya bsdonesia Australia, New Zealand, 8 p.m.

Pippines, North Borneo, & p.m. Thailand, Burma, India, Clayton, Pakistan. Middle East, Africa, Gross Britain & Europe, 6 p.

Macro,

By Burface p.id.

HKRNVR

Promotions

H. E. the Governor has ap- proved the following promotions and confirmations in rank in the

The new walls were not ma thick as the old, being of the pian of the floor was the same dated June 30 a report to

I am indeed very hurt to see thickness of one brick only. The in your issue of the China Mail as the old ground floor, though effect that the Americans were Hongkong Royal Naval Volun there was a slight increase of the only people who captured Internal

area owing to the

B German thinner walls.

submarine on the teer Reserve. It was announced High Seat,

In the Government Gazette to. It so happened that when I day. During the hearing in the was in the Royal Air Forca an. P. Goodfellow to be Cóm

Promotions: Lt Commander aircraft operating District

serodrome where I was mander; Sub-Lieutenants J. P. Judge ruled that the granting stationed, carried out the only Aserappa, I. H. G. Thom

the permit

P Bulidings Ordinance (Capt. 123) capturing a

V. Shawe, A. D. Scholes and recorded instance of an aircraft

submarine on the B. G. W. Weldon to be Acling mentioned in Section 3(1)(a)

High Seas.

Lieutenants, not decisive of whether the "I therefore cannot help but

Confirmations in rnnic: Proba- building was an entirely now feel that the report carried in donery Sub-Leutenava HM.A. bulling for the purpoets of the your China Mall le trot strictly Bristow, A.G. Inglis, J. Smalt, Landlord and Tenant Ordinance, occurate,

P.A.L · Vine.........to ́ be Sub- and with this ruling the Court

Lieutenants with their original is in agreement.

Mr W. Kelly, Acting What

confirmed in

of

Was

in

samo

the Linder

on

"entirely

o site

A. W. W.

6. Vinent of Police, to be Aldo-die- |

cornmissioned Gun-

ner (T. A/8) to ba

Radio Hongkong

appeal against viction on three charges of dis- orderly conduct. malicious damage and resisting by Mr Albert Stanley Abbott, Mr

Ng Chung-wat, was arrest or new building? Obviously it by Omar

el Areul, Mr Harold

the rank as Temporary com- Dudley Benham, Mr

As to the rate of interest, Mr by Mr Justice C. W.. Reece at cludes its primary meaning. Gazetted Pedro

the Appeal Court this morning, pointed that in practice McNeill

erected Vicente Botelho Jr., Mr Andrew

noves previously built upon it Appointments

missioned Gunner (T. A/B); Me Mr Justice Recce said he could never in Hongkong it was about 8 per se no grounds dor, the Walter Brown. Mr Chan Hing cent per annum and in England He remarked that the appellant the legislature did not intend to

W.S. Taylor, Acting Temporacy obvious, equally

I think, that

Commissioned. Writer Oficer to Mr Chau Iu-nin, Tin-sang, Mr

Mr Cheng it was lower, about five per cent

be com

confirmed in rank as Tem- Edgar Ronald

1150 the word "new" in relation

His Excellency the Governor pozury: Commissioned Writer Childe, Mr Chung Kwan ling. per annum, but it was entirely id pleaded guilty to the charges

to tho materials of which a has appointed Mr M. C. Ming- dicer. Edmund Joseph Mr John Richard Collis. Mr the

discretion Judge's

to fix when the on

building was constructed, but in worth, Assistant Superlatend- Mr Aubrey Kieran Dimond, Mr

Ceell Cowell, whatever rate he thought right. duly

theme and had He contended that it was a

relation to the building Alistair Drummond, Mr Joseph matter for the Judge's discretion tence by Lul Man-chung,

Another appeal against sen bulding." Second-hand

Camp, vice Mr A. E. Shave, not detract from

the ASP., and Mr R. While, Hong- Beyanng to the amount and rate of fenced to eight months for entirely Mr

"new"" nature of the kong Police, to be an Honorary Clarence Field, M.B.E., Mr interest regarding the

perled up wounding and breach of a bont building as such, and I cannot Aldeyde Camp, it was announced Finnie, Mr Brien Thomas' Flan-

lan-to the date of Judgment, but for was also dismissed. Lui pleaca see that it would make any in the Government Gazette to agan. My

Richard Yarworth

6. Time Bimal and Progrnímajs orth the period after the date of that he had to support his difference if the bricks were day

Shumenary, sminkeys at Lobo NEW SHIPMENT OF Frost, Mr Lawrence Goldman, judgment until the money was mother, wife and children, from demolished

Mr Robert Gordon, Mr. Frank paid, it was not a matter for

building Other appointments gazettedendigto the Restu LaDCTS)

by Anthony. Bukakeri "HAYMAKERS”.

the Grose, Mr Edward Sai-kim Ho- Court's discretion except in re-

previously on the site.

were: Messrs T. R. Ingram and dr. Preparodies by

#20, Chatonem hy VALLEY''

It does not seen appropriate, B. I. Bickford to be Senteradabad- und Dinle, big and in view of these opinions, to Executive *"CAPEZIO”, "MADE- Keneim Clifton Johnson-Hill, iffs were entitled to recover

Officers, Class ady that when a person erecta Mesars D. T. Smith, J. V. G. Summer Ei kyphon

1; Wollan (Recorded); MOISELLE","JOYCE" Me Kan Yuet-hing. Mr Laf Im- interest from the date of Judg

building which is quite new Mitchell and W. D. Orchard to endham Just unpacked. White Lo Min-hung. Mr. Willam Sul-

long, Mr Li Chung-ching, Mr ment.

except for a part of an old It was notified in the Govern foundation, that he is doing Class, If: Mr. Li Yun-gun for not

old be McNeill said that the ment Gazette today that the "extensive

Executive Oncers, Dellalobare and other colours. Com inic Louey, Mr Raymond Pierre plaintiffs had been kept out of

repairs."

nean Assistant Controller of Fameri plete "eizes and Most Mardulyn, Mr Thomas Addis their money; the defendant Bank Queen's Exequaturs empowering Mr William Leslie, had use of the Hongkong dollars Hirsts. John H. Holdridge and

"It is plain that this is not the Rosta; Mir D. 8. Robb, to be a Intention of the Ordinance, nor Member of the Board. Inland ABSOLUTELY THE BEST FOOT- Odell, Mr Thomas Scott Figh, part the Bank had

O.B.E., Mr. Fernando Eduardo changed, the

Interpretation of its provisiona

Governor has ap The District Judge gavo carne poin llam

ful consideration to the Wefarth Renaldo Allister William

Tung, Mr Michael Jebsen, Mr spéct of the rate. The plain US Vice-Consuls

Ermest

Mr

For Hongkong

Robert A. Aylward to act a

Benior

Widths., THEY'RE · UNRIVALLED IN BEAUTY, STYLE, Mortiiter, Mr Harry Oscar all the time since 1950, on their Vice-Cónsul of the United in my opinion, is it the correc*Han 1-Vico; zar A, Bitonie:

AND COMFORT.

WEAR FOR YOUR MONEY

~

MODE ELITE

22 Queen's Rd., C

Printed and púb and on behalf of s >Wyndhari. 23ireet: «Cit

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Tel: 24032..

D'Almada.JOR POTTER /ke!

Tam Gordon

always Siples of

plaintiffs":"Intovezi.

Wil on money,

plaintifs. da Silva Mr the mercentile

of America of

loaded by them to have roonivad Herod came to the conclusion; that}} | SIDECUNDA Age the building:

SAME WIE

Fere conalderations, it was

Thereford in view.ct

proction

nol

Stanton, Mr-untair that the plaintlits should

The

that instructions from the Secretary

Mr Alexander have some intermed for their of State for the Colonies has

Stotrar, Mr William Arthur money.

the word throu

excluded

wxamption:"

from SAUNO KEBIHBLANG "On the "faétu, in, the

Welch Me Wand Ching-yang Mene ROODEN formal recollen to ease on a buliding CRO

Monellalarid that all Mr George E. Belcher

Post Limited at:13 Weng To-on, Mr Young, Tru- trouble" inresa: because the Consul for the United States of under Kink one

Colony of Hongking à

| Bank, berig. Caleriana America Bat Hón Mo

the inyout of the wound Bobený

the