1957-11-29 — Page 10

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Sub-Tenant Appeals Against Decision In Favour Of Landlord

An appeal against a decision of District Judge James Wicks in awarding judgment in favour of a landlord in an action for recovery of possession of No. 159 Wongneichong Road, ground floor, was heard before the Full Court yesterday.

The Chief Justice, Mr Justice M. J. Hogan, and the Semur Pulse Judge, Mr Justice T. J. Gould, comprised the Full Court. The appellant was Tang Yau- ab, a sub-tenant of the premises ,in questku.

He is represented by Mr

Brook Bernacchi, in sirueled by Mr W. 1. Cheong, of P. II. Sin and Co.

of

Mr Lawrence Leong, Instruci- ed by Mr G. Hampton, Hastings and Co., is represent- ing the landlord, Chan KII- ching.

ARGUMENTS

or

CHINA MAIL

FRIDAY, NOVEMBER 29, -1957,

Crown Land | SIDE GLANCES

Up For Auction

Inland Lot No. 163, a plot

of Crown land located on Island Road, Aberdeen, is to be sold at a public auction to be held at the PWD on December 2. December 2.

The

which comprised

an area of about 20,950 equate

feel, is suitable for a factory for processing marine life. The premises, Part of it to purchaser is required to spend $200,000 in rateable improve- defendant.

ments within 18 months. The upset price for the lot is $101,- 200 and the annual crown rent Ju $402.

Mr

Bernacchi

Bald

the

evidence showed that the land lord was aware of this alleged parting with possession by November 1050. The stalement of claim mentioned that notices to quit were served on Sze aml the defendant and led on December 31, 1056.

·

WAIVER

Counsel submitted that if the landlord knew of the alleged parting In November 1960, bul chose not to terminate the leste unil December 31, that was the clearest possible waiver known to law.

Mr Bernacchi told the Court he was auging on the follow- ing points: (1) that the pre-

Mr Bernacchi went on to say business pre- that the Trial Judge also con- mises were aut Inises and that, therefore the sidered a preliminary point, District Court could not make namely whether the premises nu, order for possesion again were excluded from the operation his clients; (2) at the whole of the Landlord and Tenant of the premises, fet to one Sze | Ordinance.

this purpose For -Loung-chau, were not business | evidence was called.

Premises on the evidence; (3) that the plaintif (the present respondent) did not prove her ee; he haut pleated certain important faclu, but had nut to prove them; (4) attempted

on the plaintiff's own evidence, 10 forfeiture of Sze Leung- chau's teruincy was waived; (3) that a judgment by consent ob- talned in proceedings between the plaintiff and Sze was a sur- render of the head lease thereby barreci subsequent ne- tion against the defendant, sub-tenant.

a

A second lot, Aberdeen Inland Lot No. 104, is also being fold at the same public auction. This lot comprises an area of about 2,040 square feet. The land is also for the erection of a factory for the processing of marine life,

IMPROVEMENT

Rateable improvements are fixed at $30,000, to be experated within 12 months. The upsel price is $14,700 and the annual rental is $08

A third lot of Crown land that is to be sold at a public auction to be held on December is situated at Kun Tong, Kowloon. Known as Kun Tous inland. La No. 97, the plot square feet. comprises 4,030

only.

The plaindir, Mr Bernacchi The land is for residential pur- said, relied only on a covenant

poses establishing for the purpose of that the premises was used for business purposes, but admitted that she actually knew nothing of what went on there, opart from what she had been told.

Mr Leong Interposed,

saying that the appellant was stopped from

the question bringing up

A condition of sale supulates that. The buyer must spend 15 | $173,000 on rateable Improve- ment within 18 months. The upset price is $49,300 and the annual rental $114.

of jurisdiction, because this point and already been decided by Judge Wicks at a previous hearing, on June 4, and the appellants had

not chosen

15

Referring to the statement of appeal against that ruling with- cloim, Mr Bernacci said in the statutory-time limit. alleged that the plaintir leased the premises 10 Sze for five years from January 1, 1958. and that Sze, without plaintiff's consent. subjet or parted with possession of the

Re-Appointed

Today's Government Gazelle announced that Mr R. C. Lee had been re-appointed a Member of the Air Advisory Board for a further period of two years,

The Full Court directed Mr Bernacchi to deal with the matter of jurisdiction separately

grounds of appeat A Advisory the from the

proper.

Hearing is proceeding.

The same announcement and that Mr C. H. W. Robertson had been appointed a Member of the Board as from December 5 during the absence of Mr R. J. Sheppard.

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SHEAFFER'S

ADMIRAL SNORKEL PEN

By Galbraith Programmes Are The ROYAL NAVY Life Blood Of Welfare Agencies

TH, 14 US. E. ON,

1) by NE Brace, 2..

"William wants five Indian pennios-hand the nice man your nickel, William?"

Commodore's Wife

Pays Visit To Baby Centre

Chubby, cuddly babies were being weighed at the Shaukiwan sub-centre of the Society for the Protection of Children, when Mrs G. D. A. Gregory, wife of the Commodore, made a visit there this morning, accompanied by Mrs K. C. Johnson-Hill, Chairman of the Women's Auxiliary.

blackcurant juice.

A paper on “How to Approach Programme Plan-

+

ning" was read by Mr S. H. Pang, General Secretary of the Chinese YMCA, at the third session of the Seminar on “Social Group Work Among Youth" at Morse House, Cox's Road, this morning.

TO SET UP SMALL REPAIR YARD

A RN spokesman, sald this morning that of the tolal number of employoos, affected by the closing of the Naval Yard here, the great majority belonged to what he described; de “in- dustrial oines."

Но 'elaborated, saying That this large' number of about 4,500 were workmBA possessing varying degrees

Dr F. I. Tseung, President gramme the group wishes to of United College and Deputy conduct.

of The Important thing Commissioner of St John Am-about organisation is its mean bulance Brigado, presided.

ing and vitality rather than, ils Nineteen social workers from form. five Commonwealth countries In South-East Asia are attend- ing the Seminar sponsored by the Standing Conference of Youth Organisations In Hong- kong.

Concern

Expressing concern for youth, Mr Pang said that the recent growth of populations nad created "vital implications" for on educational programme to meet.

"common Inima needs wäicht mitst be satisfied in a measure if we are to be happy and effective in social relationships."

The group worker does not organise the group as may have been the case with some workers in the past,

Rather the workers with the group at the point of creating a form of organisation thal

Tvill best Acive its purpose,

Enthusiasm

"In general, the detalls of functional organization of the group should take shape as a atural process, as needs arise.

be superimposed rather than

by workers and agereles.

"Any programme, to be uso- ourful, must capture the enthurian

of the whole group, whether the specific programme is designed to meet intellectual, emotional, spiritual or recreational needs.

"Any programme which will really help them, must grow out

Mr Pang sald that an agency or an organisation might have well-equipped building, and

Spacious playground, devoted leader, but if it did not have

was

a programme, it would

exert on Influence on the young of their expressed interests and people of the city in which needs. Only as their recognised located. On the other needs are met, can they become they have ather hand, an agency or organisation aware that might lack all of these essen-Reeds and learn to meet those

also." tals and yet be a major in-

afternoon The delegates this ituence in its clty because of the will

the go on a field trip to Juvenile programine that it conducted.

Remand Home, tho Mr Pang said: "A programme Good Shepherd Home for Girls' is the means through which expresses its per- the agency sonality. A programme is also the life blood of an

agency: the programme is rich and varied, the agency or organisa- tion will be strong and effec- If the programme is tive. stereotyped and has no relation the interests and needs of youth,

will the agency

to

Everything

Continuing, Mr Panz said

that programme was every-

Upstairs in the creche tiny milk powder, cod liver oil and weak and ineffective.” Infants suffering com mal- nutrition and seriously under-

On her arrival weight, were receiving special

at the sub- core. Babies in this cordillon centre, Mrs Gregory was met by remain in the

Menkins, creche dally Mrs M. A.

General from 8 a.m. until 5 pan, when See, of the Auxiliary, Col F. E. their mothers take them back Jewkes, Chairman of the Society. to the pavement shelter, hut and Mrs B. L. L. Jones, Hon. or bedspaco which they call Branch Sec. home:.

They

MILK POWDER

and the School for the Deat

MURDER TRIAL ADJOURNED

The trial of Leo Kam-lelu, 43-year-old former, charged with the murder of his foki, was adjourned by Mr Justice A. D. Scholes at the Criminal Sessions thing a club or group did with this morning until 10 am. on in the framework of the club | Monday, orgausation. "Programme is a Mr D. F. O. Mayne, Crown tool to be used to further the Counsel, told the Judge at the of individual growth outset that Mr V. L. J. D'Alton. process Szw mothers in the

Crown waiting room-about 70 cases at through co-operative thinking Defence Counsel, and

Simply stated,

tated, witness were not feeling well.

This was tend the centre dally. Outside and activity.

confirmed by Mr on the verandah an

propamme in social D'Alton. orderly group of children was squatung Wo

workt means anything and

The farmer is alleged to have and waiting patiently for the everything that the group does

Hong chopped Lee

to death to satisfy its own Interests,

and left him among some rocks specially Programme

a concept which,

on the seashore in Ping Shan When broadly conceived, in-

district. The body was found cludes the entire range

on August 1.

conger which is issued at noon.

congee

The majority of bables make splendid and astonishing pro- gress when they are admitted to the care of the SPC. Their mothers are trained to wash The them thoroughly, they are vitaminised and 150 bowls are weighed regularly-Mrs J. N. given out daily. Lonk supervises the weighing of the babies brought in every Friday-and fed properly.

Babies requiring supplemen« tary or artificial feeding receive

}

One of the annual functions at which funds are raised for this work, the SPC Ball, which will be held this year at the Repulse Bay Hotel on December G.

of activities, relationships, inter- actions and experiences-in- dividual and group-which have been deliberately planned and carried out with the help of the group worker to meet the needs of individuals and the group. Programme is thus a process rather than the periodile, cul- mination of the proces3. For instance, the festival that the group members have been work- ing on for many weeks is a part of programme but everything that they have done in getting ready for it should be considered as the programme of the group for that period of lime.

"Any discussion of programme in social group work must take Into account such items as con- tent and area, media of expres- sion and method of conducting 11."

Expression

Me Pang went to discuss pro- gramme area, content, enedia of expression and method of con- ducting it for a sound pro- gramme.

Referring to programme aree or content, Mr Fang said that this "refer to a segment of life experience that has general meaning for the Individuala at their specife point of develop- inent. Every boy or young man wants to understand Almself. He Is concerned about why he feels na he does, why he acts, as he does, why he thinks about cer- tain things when he would much better forget them. He is also concerned about his physical well-being. Ho wants to bo strong; he wants to be active; mid- ho wants to enjoy good heplth. These physical interests especially during la Inter adolescence and early manhood, encourago him to develop skills in games and in various forms' of athletics. Theoo concerns are, shared by young people every- The Governor in Council has | where and in overy ogo. Should nounced today that HM the made the prders exempting the wo or should wo not include

properties Queen had not been advised to following

"from them in our discussion of a pro- exercise tier power of disallow further application of the Land, fgramme for the young people? ance in respect of Ordinance 38 land and Tenant Ordinance "It is a part of the group of 1907—en Ordinance to validato No. 6, Shelley Street, first and worker's job to help tho stampinat by franiting second floors; No. 1, lumina crento, the type of functional machines of certain." Instruments | Lion Terrace, ground, first and organisation chargeable with stamp duly, second floors.

Men G, D. A, Gregory, (centro) pointing to some of the children at the Shaukiwan sub-centre of the Society for the Protection of Chlidren, which she visited this morning. Beside her is Níés 13. 1. 1. Jones, Hanurary Branch Secretary of Women's Auxillary-clana Mall Photo,

Disallowance

The Government Gazette on-

EXEMPTION

that

possible the

surt

Purse Snatched

་

akili in their own ephere of employment.

Of the total number of Naval Yard employees, about 230 are European or "home" staff.". And thora, the spokesman said, would be repatriatod to the United Kingdom or sent 10 placas of their own shaon. Ing if their services were no longer needed.

The others, who make up the staff of the yard, are About 280 non-industria? workers, or clerk.

The spokesman said that the naval authority here was "looking around" for a quitable place to establish a small repair yard.

However, he said, a alte had not yet bean located. He added that the new ro pair base could absorb or retain a small number of the present staff.

Conditions were normal at the dockyarde this morning.

Government

Appointments Gazetted

The following appointments, promotions, transfers were announced in the Government Gazette · f0. day:-

Medical and Health Dr Kao Wei-yu to be Medical Officer, Misa M. A. Maughan and Miss Margaret J. Brey to bo Nursing Sisters, Dr Ho Wing-ho, lo be a Health Officer, Education

Mr A. J. Brayley to be an Inspector of

M

Mr M. J. Alexander to be a Marine Officer.

Inland Revenue Mr Lim Tuck-lions, Assistant Assessor, fo bo Acting Assessor. Secretariat

Mr E. P. Ho, Assessor, to be Cadet Officer, Class 11.

P.W.D.

Mr G. Thomson, Building Surveyor, to be Acting Assistant Chief Building Surveyor.

Stores

Be FT. Winterton, Storg A Chinese woman reported Officer, to be Acting Sentor to the Police that a

Officer man Stores

during the snatched her purse whilst she absence of Mr G. A. Lemay, was walking in Queen's Road

Legal West, near First Street at about Mr Anthony Lawrence Leath- 5.39 pm. yesterday,

1ean to be a magistrate.

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