1921-10-25 — Page 7

THE HARBOUR RACE.

LL THE WOMEN COMPETITORS

STAY THE COURSE

A great crowd "amsembled yesterday see the Harbour Race, or, rather, the art and finish, for unless öne ovped a aft of some sort, or had friends who wned-one,-it-wus impossible-to- see much

the progress of the contest. This year, such a large number of omen competitors entered that the race akes place on two days instead of one, nd the men swim to-day.

The eight competitors, yesterday, were: Ars. L. Richmond, Mrs. Clemo, the fisses. Nora Pile, Daisy Witchell, Dorothy May, Thelma May, M. Hamsay,

cd G. Ramsay.

|

A BENT CASE.

THE HONGKUNG DAILY PRESS,

A DIFFICULT POINT OF CON... STRUCTION.

His Honour Mr. Justice Gampärts gave judgment for defendant with costs yesterday in the case of La Troi Man 7. Mak Kan alia, Mak Yip Fän. -

His Honour said:

--This is a claim by the owner of pres mises for possession and mesna profts.

~~The facts which are agreed are ex- tremely simple

One Tang Tay who was tenant to the plaintiff on a monthly tenancy” of the 3rd Boor of No. 37 D'Aguilar Street gave. notice terminating the tenancy.

The plaintiff then contracted to let The the premises to another person. defendant however, had been in posses- sion as tenant to Tang Tay of a room. in the premises before the notice to quit was given.

They were taken from Murray Pier to Kowloon, just outside the station by a aunch lant by the Kowloon Jock Com any and made the start at 5.20 p.m., ̈) Accompanied by a number of craft of all izes. Miss G. Ramsay gained a con.him. siderable lead at the beginning and maintained it for the greater part of the why. In the last quarter of the distance dise G. Ramsay was carried by the tide somewhat to the south; she probably lost a minute or two in her time and cer- mainly several yards of the lead she had acquired.

11

Miss D. Witchell at a very early stage day second and maintained that position throughout. The other competitors kept more or less in a banch at first but, about midway," some of them straggled” north- wards a good deal and were gently reminded that the finishing point was not in Wanchai,

*After the first four competitors touched | the Prays Wall, launches began to move across the course and and it was sup- posed that this indicated that the other competitors had given up. Not a bit of it! When the launches passed on, having

motion, heads could be descried, bab-

He is still in possession and declines to remove and this claim is made against The plaintiff's case is put as follows: the lessor and he has in consequence con- Notice to quit has been received by

tracted to let to a new tenant. -". He is then entitled to recover possession Sec tion 4 (1) (d) of the Renta Ordinance, 1521. The notice contemplated by the Rection, can of course only be given by the lessee. There is no privity of con- tract between the lessor and sub-lessee.

Again--by section 3 (9) -(9) "of the }, Ordinance a lesse who himself occupies part of the tenement, and sublets part;

shall be deemed to be the tenant in actual occupation of such domestic tane- ment as regards his immediate lessor.”

The intention clearly is that for the purposes of section 4 the lessor has to deal only with his lessee.

Section 2 (g) ii. is intended to give sub-leasee protection only against his own immediate lessor Otherwise when

lessee becomes liable to an order under section 4 he could at once mblet and the lessor would bare Do effectual remedy and could not recover possession thrashed the water into considerable comthink I have fairly set out the sub-

against the sub-lesses. bing in the waves. It was soon clear stance of Mr. Nash's argument. My that the other competitors were still difficuy in accepting his position is struggling gamely and in the end they that if he is right it becomes necessary all Baished, thus setting a standard for whether standing alone or in conjunc to construe the expression "tenant" the men in their race to-day.

tion with the words "in actual occupa The competitors in the order of their tion" in section 4 (1) in two different arrival at the finishing point were as follows:-

senses and this I am unwilling to do if it can be avoided. Cf. Beal Principles of Legal Interpretation 2nd edition page

1. Miss G. Ramsay

2. Miss D. Witchell

-Mina 38.02 $2.38

3. Mrs. Richmond... 40.84

4. Mrs. Olemo

45.28

5. Miss M.. Ramsay...... 47.34

6. Miss Thelma May

52.34

7. Miss Nora Pile

14.31

£0.26

8. Miss Dorothy May

The first prize was given by "An Admirer of their Phuck," and the second was presented by Mr. McKirdy and Mr. J. Oxberry. Every competitor who com. pleted the course. receives a souvenir given by the V.R.C.

TO-DAY'S HACE.

316.

There is no doubt on the agreed facts that this defendant is a tenant in actual cocupation. See section 2 (d) and (s) (ii) of the Ordinance

Section 4 (1) is as follows:-

"Notwithstanding any notice to. quit, whether given before or after the commencement of this Ordinance, and notwithstanding the terms of any agreement whatsoever, whether made before or after, the caramencement of this Ordinance, and whether oral or in writing, an order or judgment against any tenant in actual occupai tion for the recovery of possession of any domestic tenement, or for the eject ment of a tenant therefrom, shall be made or given only if

The following are the competitors for the men's race to-day:-E. P. Sousa, E. W. Railton, E. Busschaert, E. A. Noronha, S. H. Garrod, Ples Le Hurey, Pitchou, Alderman and Perry; W. Ger rard, G. A, Jack, D. Ogilvie, „P. J. O'Brien, R. W. Smith, D. Laing, OE

"It seems to me difficult to construa the Milliard, T. Simmons, K. A. Mason, Wexpression the tenant in section 4

Section (1) (d)"the tenant has or shall have given notice, in" "writ ing to quit," etc

וו'

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SDAY, OCTOREM 25TH,

THE ARMY OF A DREAM ***

To play upon the bagpipes is a superhuman art, Which aronam awe and wonder in my Sassenachian boart; But, though I hate admitting it, to my surprise I fnd The resulting noise arouses martial ardour in my mind.

“The diem of Scotland, also, has a similar effeot,

And I sometimes long to wear it, though not one of the Elect; Hut, ̈provided · Elt and bagpipes are included in the show, You get recruits in plenty as the Hongkong. Scottish- know,

And so a brilliant notion to my mind has just occurred, (I trust that if I mention it I shall not got "the bird !?), "Just think how very nice if on parade the world could see

The first platoon appearing as a "British Company.”

เท

*

The Officer in charge of it, with sickle în his hand, "Attired in "Ancient Druids' robes would lead his gallant band;

While the Sergeant there behind them would look martial past compare With a lovely wreath of mistletoe twined all about his hair.

The privates, gallant lads, would look particularly sweet < In an Ancient British tribesman's warlike outft all complete. How grand would seem each warrior as he marched along the road Profusely decorated in * modish shade of wond!'

The Scots may scorn my notion (bud next Sunday when they hit A certain bit of hill-side they will yearn for such a kit); It has only got one drawback-it's a big one, I'm afraid- With a force so constituted-what about our Church Parade!

CRIMINAL SESSIONS,

(BEFORE THE CRIKY JUSTICE (BIE WILLIAM XES DAVIES K.C.)].

POISONING CHARGÉ.

1

E. W. E.

STRONG LANGUAGE NOT STRONG ENOUGH,

MAGISTRATE FINDS CHARGE NOT SUBSTANTIATED.

So Kun was indicted on three counts; the Magistracy, yesterday, in the Mr. R. E. Lindsell gave his decision, at giving poison with intent to murder, with intent to endanger life, and with intent to injure.

The case for the Crown was conducted by Mr. G. H. Wakeman, the Crown Solicitor, and prisoner was undefended H. W. Page (foreman), F. M. R. Pereira, The members of the jury were:-Messrs.

M. Reis, W. Fox, V. Benjamin, J. S. Agassiz, and H. S. dos Remedios.

case which he postponed in order to con. sider whether strong language, which it. was alleged had been used to a police officer, amounted to threatening and abusive language" which might have

the defendant Kan Kam Ching, for whom caused a breach of the peace. The com plainant was sub-Inspector Reynolds and Mr. M. K. Lo appeared. Mr. E. D. O. Wolle, the Captain Superintendent of Police, had conducted the complainant's

case.

The case had resolved itself into a

said that the nine men who narrowly Mr. Wakeman, in opening the case,

scapod poisoning were the accountant of conflict of evidence as to actual language the Tuk Lim Tong medicine" shop in used. Queen's Road Central, six fokis, and into the facts, he had decided to dismiss The Magistrate said that, without going three friends who were invited to join the summons on the ground that the evi in the evening meal. The prisoner was dence had not sufficiently substantiated invited, too, but though he had accepted the charge. In Stone's Justice Manual, similar invitations with unfailing re- at 8.1200, he found a dictum to the follow

ing effect: gularity before, on this occasion he de-

There is really no law by which) clined. Earlier in the day So, Kim was the offender can be summarily dealt seen taking a special interest in a pot with for mere insulting and gross of stewed paddy worms which, when par

language untccompanied by threats" taken of by the fokis and their friends,There was a case of a rather similar made everybody sick-including the cook.kind en p1190,-Philips . Gateshead. Nobody died, but one or two, notably the Antex constable who had been dismissed accountant, were seriously ill for two or the force seized every opportunity three days afterwards

of using insulting and injurious language The evilence already given in the police about and towards the Chief. Constable court hearing was then repeated.

and was committed « for, six months in The Court adjourned until 10.30 o'clock default of finding sureties to be of good this morning and the Judge intimated to | behaviour. When the case came up in the jury that he expected the hearing Common, Fleas, Lord Coleridge, Chief would bnish by the mid-day adjournment Justice, held that a condition precedent

·

J. Howard, A. A. Botelho, F. M. B.) (d) as indicating some other person EMPLOYEE SUES HIS FIRM. Pereira, A May, Wong Po Sam, Gnr than the words Lewis, G. W. Sewell, V. Ramsay, F. M. ida Cruz, W. de Hoog and J. Johnstone,

pation (1).

was an oath by the applicant that he went in bodily fear. The applicant swore that he apprehended a breach of the peace, by himself unless the defend tenant in actual occu

ent was bound over, but the converse nt in section 4 JUDGMENT FOR THE DEFENDANTS, was the condition necessary and "a tenant.

The pro- The normal construction of the Tangu Damages of $1,000 were claimed from

ceedings were ordered to be quashed.. The last named, whose entry form went age used is that the tenant" whose R. Negre, general merchant, of Queen's present case was rather similar to the The Magistrato remarked that the astray, was admitted to the race after a ejectment can be claimed is the tentint Road, in the Summary Court, yester ane he had quoted meeting of the V.B.O. Committee, last. who has given notice to quit and no one day, before His Honour Mr. Justice argued that a breach of the peace might Mr. Wolfe had night. The first prize is given by Mr. else. The plaintiff asks me to say that Gompertz, by a Chinese assistant, Lam have been occasioned by the Inspector Raptis and the second and third by if the tenant-the lessee has given notice Pat Nam. who alleged, wrongful dis losing his temper, That had been held

to quit then the ejectment of a different missal. After the race there will be a Carnival person the sub-tenant can be ordered.

not to be sufficient grounds for binding at the V.B.C., to which it is asked that This is I think not an ordinary and

Mr. H. L. Dennys was for the plaintiff a person over for breach of the peace. reasonable construction to put upon the and Mr. A. H. Crew for the defendant. He imagined that that applied also in For fancy dress,

section. It may be that I am bound to entered defendant's employ under

The plaintiff said that last March he this case. Ho dismissed the summons on an exceptional construction here in view year's agreement. He was to be assistant

that ground, without expressing any of the terms of section 2 (2) (1.). But in charge of the Chinese end of the bust opinion on the facts. I think that the words there used" shall ness On September 15th he did not

3

Mr. R. E. Belilios.

visitors will come either in evening dress

CORRESPONDENCE.

THE TRAGEDY ABOVE

KINGKOW.

[TO THE EDITOR OF THE “HOSGKONG DAILY PRESS."]

above Kingkow....

this

that he could easily have returned to the Mr. Crew suggested to the plaintiff olies if he had been no minded.

I would go back there to meet my death

The witness replied:"Do you think For the defence, it was alleged that the

MISSING DIAMOND RINGS..

AN ALLEGED PLOT.

theft of two-diamond rings, worth $450. G. N. Orme, yesterday morning, with the A mui-trai was charged before Mr.

the property of her mistress, who lives

aya East. An elderly womed The stolen property. also charged with having reversed the

be deemed to be the tenant in actual arrive at the office until 9.30 am and occupation of such domestic tenement as Mr. Negre who was annoyed with him regards his immediate lessor "-have not the force contended for by the plaintiff. for being late, seized him by the arm and azid Get out." He was very frighten, They man, I think, no necessed, he said, and thought the defendant

the protection extended by the sec tion to the occupation of a lessee covers would kill him, him not only in his occupation by him wolf, his family sad his servants: but -SIE-I have secured confirmation of extends also to his occupation by a sub- the Yangtze tragedy above Ringkow from tenant. It leaves him the landlord of General Chiang Teo-ping, who has re- his sub-lessce. Otherwise a lessor could cently arrived in Canton as Chief of a get possession as against the lessee of delegation to the Government here. The any part of the tenement not actually plaintiff was of no use to the business.

Inspector Blackman said that about General commanded the Hupeh-Hunan occupied by the lessee himself, his family. He was never there when wanted and "force whose resistance at Ting Shihor servante.

brought in no trade. On the day in

noon on Friday, the complainant missed Chiao led Wu Pei-fu to flood the country It nzeserves in short not merely the question he came to the office at 9.45 am the rings from her room. The girl first occupational, but also the contractual had when Mr. Negre spoke to him about denied all knowledge of the rings bat afterward admitted, having taken them. The dyke was cut at a point 'known as righta of a lessoq. Tea Chi. It was constructed during the tion, I think, fails to reconcile 2 (1) (*) afterwards been turned out of, and when defendant as the person to whom she had Any other construc- felt he got very sulky. He went to a room She took the police to a house in Burrowi which he had occupied at first but had Street where the pointed out the second Yuank dynasty and was so powerfully with 3 (g) (4).... built that the floods of six centuries lett This leaves me free to construe see the defendant went in there he saw the handed the ring, co mi dafontlast it undamaged. The area socied is a tion 4 (1)-8 I think ez facie it ought plaintiff lying down on a sofa, reading a denied the allegation, her effects were large saucer like tract of country, where to be construed as meaning that reaper. He declined to answer when searched. The rings were not recovered, Four Hupeh biens or districts meet, covery of possession can only be ordered spoken to and Mt. Negre told him to get but the detective found 286 in notes in

up. He refused to do so and Mr. Negre inclined to believe that the military of section 4 (1) against the tenant him him to the compradore's room where he the fact that woman was employed as an While General Chiang Tso-ping was under cub-sections (a), (b); (c) and (d) then caught him by the arm and took rattan basket, which she claimed. This was & suspicious circumstance in view of object of the inundation was achieved, default: not grainst his sub- quit or has be was not prepared to say that the made

properly belonged.

amah at a wage of $4 month measure was a military necessity in view tenants. If the provisions of 4 (1) (9) not dismissed and said that what actual The girl, in evidence, said she met the

Mr. Crew argued that the plaintiff was have been complied with, the lessor can

The woman promised to take her to the country and adopt her as a daughter if she would steal her mistress's rings and stole the rings and handed then to hand them to her. The witness duly

of the great loss of lives and of property deal with the rights of hia. immediately ocurred was that he was turned out second accused in the street on Thursday.

involved.

another.

The Judge said that on the evidence he was unable to find that the plaintiff was mem for the defondant diamissed and must therefore give-judg.

It may be added that Hsiao Yao-nan, lessee and the new lessee succeeds to of one room, where he had no right, into Wa Pei-fa's nominee as Tuchun of leaseca I have considered very carefully

those rights only, as against the sub Hupeh, has petitioned Peking for funds the cren of Hylton Heal, 1981 2 K.B. to repair the damaged, embankment as 138. That is a decision on the English **ANCKE

Act of 1920 In these circumstances, it is not

I little puzzling to account for the prone construction of the local Ordinance is appreciate the arrument that if my Loss of the foreign mind to believe this right the consequences apprehended by

The

case was well argued, but I can-

second accused who told her to come another day when she would take her away.

Second accused I did not see the

fact

at Tzu Chi to be naught but a Rowlatt J. in his judgment at page 446 not pretend that I should not have been malicious tale." A mere Chiness mind may fallow For instance a lessee who

The Magistrate: She says she gave xay be tempted to ask whether this is in default with his rent may at the glad to have had the assistance of Coun them to you.

The woman: If she paraints in the dubitation is the sort of marvel which last moment defeat the lessor's claim to and one of general interest to the com- allegation, let her buy the candles, and

sel on a difficult point of construction the Caliph in the Thousand and One neration by cizing & ab-locce,

That

Can I will visit ten temples with her. Then Wights was wont to describe as worthy is a matter that will have to be dealt unity “to be recorded in a book ––Yours, etc., with by the Court when it arises; in the Meanwhile it seems to me that the con- you shall know who is speaking the

wonntima it may be provided for bystruction I have felt bound to put apan truth

these sections is in harmony with the législation.

general policy of the Ordinance,

** EUGENE CHEN,

Government House,

October 23rd, 1921:

Continued-at-foot of next column:)

Both accused were remanded in police custody until to-day.

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