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HONGKONG EDUCATION

BOARD.

4

EMBERS GRANTED. "THE RIGHT

TO VISIT."

CONCERNING EDUCATIONAL

EXPENDITURE,

The second fortnightly meeting of the Hongkong Board of Education was held at Post Offices Buildings yesterday after

con The chair was taken by the Director of Education (Han. Mr. E

Dving).

TRIBUTE TO A FORMER MEMBER.

THE HONGKONG DAILY PRESS, THURSDAY, MAY SBD, 1938.

PIRATE SOARE AMONGST CANTON RIVER STĦAMERS.

TALE OF CAPTURED CUSTOMS CRUISER.

“A DOMESTIC DWELLING,”

WHAT, AND WHEN IS IT!

for China, mud the Paisne Jurlge YMv. Justice Gompertz).,

BROTHER-IN-LAWSATTITUDE

IN COURT.

PERSISTENTLY DENIES RESPON SIBILITY FOR ANOTHER'S AFFAIRS.

A KNOTTY LEGAL POINT FOR

OF APPEAL. COURT

1 ELABORATE PRECAUTIONS.

What is a "domestic tensment." within

A carious case was heard at the Magis Early on Tuesday night a startling ordinance of 19217

the meaning of the Rents Restriction

This is problemy sterday morning before Mr. C, D.. rumour was current on the river front in Hongkong and in the Hongkong shipping of Appeal in the Supreme Court, consist-Count to repeat his brother-in-law, a now engaging the attention of the Court Melbourne, Mr. E. 6. Elas appeared in offices that one of the fastest and largeting of the Chief Justice (Sir William M. A. L. Cato, who was summoned by of the Chinese Maritine Customs crais Rees Davies), presiding. Sip Skiner the Sanitary Hepartament for commiting ing launches operating at the Fear Turner. Judge of H. M. Sepreme Court a public nuisance by allowing the base River had been exptured by pirates. The

ment of No. 42. Elgin Street. to be used rumour in itself, thongh unconfirmed at!

for human habitation. . Before the businces of the meeting the time, was sufficiens to cause a ren! commenced the Chairman asked the scare in shipping circles as the idea of members to stand, while ha informed them a fast cruising lunch, mounted with Wat he had received a telegram from machine guns, equipped for any emer shop Pozzoni announcing the death in gongs and manned by a gang of pirates Italy of the Vory Rev. P. D. Maria, was to say the least disturbing. As the late member of the Board. The Chair-information was received from a fairly man said he felt he would be expressing reliable source-the syndicate responsible the wishes of the Baard when he proposed for the second and third elnas passenger this they record their deep regret at the death of Father Maria. Ever since he arrangements on the most of the river could remember, the deceased gentleman steamers plying between hers and Canton had been an arcent, enthusiastic, and and Macao-it was thought that there

self-sacrificing worker in the cause of education..

was something in it.

The ordinary business of the Board was launch Was then proceeded with.

•

THE RIGHT TO VISIT.

the

The appeal is the sequel to a ense heard

Mr. Elina to'd his Worship that the at the beginning of August last year, defendant left for Shanghai on April when the Procurrar General of the 19th. He added that directly the Sapf- Societe des Missions Etrangeres applied tary Board's notice of the nuisance was in the Supreme Court before the Chief recived. We gavo instructions to the Yan Yang Tobacco Company in respect of we found out afterwards that the servant Justice for an eviction ordas ágainst the servant not to sleep in the basement but certain premises at Caroline Hill Road. was sleeping downstairs." The Procureur (General obtained judgment with costs

Mr. J. A. Fraser, Secretary to the anitary Board, told the Court that the The case actually rested upon the hard was prosecuting the. tenant (Mr. construction to be placed on the provisions Cuno) for using the basement; and they of the Rents Restriction Ordinance. The were also prosecuting the owner for

not"

bo

evicted

ador that

The buildings were leased by the plaintiffs in 1916 to the Chartered Bank of India. Australia, mud China, at monthly rental of $1,800. A. option of renewal for a further period of two ar three years was granted, and by the agreement the lesser was empowered to sub-let. The lease restricted the use of the premises for factory and godown. purposes, or as a dwelling, and the option of renewal was exercised on same terms for a further period of three years from September 1st, 1918,

u notice."

teannt plenty of warning and "on" April. uth when a night visit was made the basement was found inhabited." The ce] boards in the day time," cupang was apparently moving his bed

籽

It was first said that the captured defendants claimed that the premises were allowing the basement to be used."We

Lengtsing, which a domestic tenement" within the meau-are not compelled to serte cruises in and out of Macao. This informing of the ordinance, and therefore they added Mr. Fraser, but we gave the mation was forthcoming from the Chinese could Mr. BENJAMIN WYLIw asked whether the in charge of the Farming Syndicate's | ordinance. Chairman could say if replies bad been arrangements on board the s.5. Honan ➡ceived from the Government regarding which arrived from Canton that day the sub-rommittee's report on British They reported the matter to Mr. John education in Hongkong, und, the resolu-Arnold, Secretary of the Hongkong, tion passed at the lust meeting with Cantor and Macao Steamboat Company, reference to member's visiting schools in The officers of the same vessel reported, a othcini, rather then a privileged,

to bend office that they had no knowledge cupucity.

Not taking any undue The CHARMAN replied that he had of the affair. received no communication with regard to risks, Mr. Arnold at ones cabled to the the sub-committee's report, with the exception of an expression of thanks from the Company's Agent at Maeno for REc Government to its members. With further details, and the same evening he reference to the accond question, the received the following reply: False Government had already approved the resolution, and members could now visit news, the nogtsing has returned." schools officially. An amendment BQ- Although this quashed the rumour so #horising the right had been added to the far as Macao was concerned, it was Graas Code. He was having copies of the decided amongst the skippers of the river steamers leaving for Canton that night to take further precautions. The depar- Mr. WYLIE then proposed,

tare of the s.3. Tin Song and the RS. That a sub-committee of this Board King Sui was delayed from 9 p.. to be appointed to consider the proposals. p... and the ss. Falakna left her of the Hon Director of Education with berth at 10 p.m. sharp. This latter regard to the estimates of the Education steamer has the faster turu of speed of Department for the year 1024.”

the three and she would be able to catch up the other two steaners before they

amendment sent to the Board.

[4

EDUCATIONAL EXPENDITURE, “.

Mr. Wylie said his reason for putting

entered the river, All three were to steam up the river together and if anyone of the three was attacked she was to send up rockets for assistance and the other. two would come to her help.

}

the

The present occupiers of the premises are the Tobacco Company, though the lease is in the name of the Chartered Bank, who gave the defendants à letter of guarantee thereon.

Between two and three thousand hands are employed at the factory, and in a rubicla in one of the godowns is a man and his family,ten

Mr. Elias: But cannot keep watching "there all night. They go there after we have gone to bed. They (the Sanitary Board) should have told us

Mr. Fraser: We gave him every 'chance.

Mr. Elias: They came at 12.30 at night. when everyone else was in "bed.

The Magistrate: Did you receive the lettert-Yes, I have received a letter and we gavs instructions at the same time to the servante not to sleep in the basement.

The Magistrate found the case proved and imposed a fine of $10, and added

You are responsible for the acts of have given to the Board. You apparently your servante. Think of the trouble you gave your orders without seeing that they were carried out."

Mr. Elias: I have no money, I am paid hy the defendant. I am only sleep- not the defendant. It will have to he In re watching the premises while he is in Shanghai, Ki

They persons. occupy 375 square feet of the area, whilst the area of the floor is 25,505 square feet. The Tobarco Company are now the uppellants.

"The

the motion was that as the first meeting of the Board to attended when he was appointed last year, the estimates for the

The Magistrate: But I understood you year 1999 were laid on the table for their

The Company is represented by Mr. to say that you were representing him. permal. Needless to say they had

G. Alabaster, R.C. and Mr. Ebeley law, and I had to come to Court as I Mr. Elick: Yes, he is my brother-in- already been approved by the Government. Yesterday morning the rumour was He contended that if these estimates were still current about town and a. Daly Zeit ya (instructed by Messrs. C. K.kes I did not there would be to come before the Board at all, then Pre representative in an attempt to get Ha'l Brutto), whilst the respondents are trouble they should surely do so before being a definite confirmation or denial of the represented by Mr. Eldon Potter and Mr.The Magistrate: Well, you can give approved by the Cloverument. Members

the Board should have the opportunity story visited the s.8. Si Tai on her F.-C. Jenkin (instructed by Mears notice of appeal.

arrival from Macao and the s.8. Kishan of seeing them beforehand and considering which had come from Canton,

Mr. Elias: think the fine will have Deacus, Harston, and Shenton). * The the proposals, as they might well be able officers on both boats had heard of the The Tobacco Company are appealing to wait until he comes back from Shang- to offer useful advice. "When it

the judgment given by His hai realised what a large amount of money runpur and from the statements of those against

Mr. Elias then left the Court, bút a was spent on oluction in this Colony on board the 5.3. Sui Tai it appears Lardship on the 2nd August on the ground very year it would be seen that there was pretty certain that no piracy of the kind that actually the premises do come under few minutes later he returned and had a evory reason why this Board should be in described had occurred in the Maens the Ordinance. They ask, also, that conversation with the interpreter, who

ition to offer information and advicovicinity. As: the ss, Heungshan the first the costs of the last action be given announced to the Magistrate;

the financial preparations for the officers heard of the ramour was on against the Procureur General, and that defendant in this case cannot pay the

costs of this appeal bo raid by the money.”: the coming year. He would so far as arrival in Hergkong.

The Magistrate (to Mr. Elias) Can't) to say that this opportunity should be The arrival of the ss. Heungshan from respondents also,

Mr. Alabaster opened the case yester you pay at all No, sir. their as a right, and not an e privilege. Canton yesterday afternoon brought no

The Rev. T. W. PEARCE seconded the fresh light to hear on the startling day morning with a long and "highly

The Magistrate: What application do

resolution.

rumour. The others on board the vessel technical address on the circumstances you want to make Can't you pay at

the appeal..

He took all-No, it will have to wait antil be Mr. SILVA NETTO, speaking in support, had heard nothing of the affair when they leading up to remarked that there had been a big volte left Canton in the early morning. sa various causes from the original agree comes back.

The Magistrate; $10 or fourteen face on the part of the official members that it seems fairly safe to state that the ment drawn up between the parties to of the Board since he moved a similar rumoured piracy was all a myth, though show that the

were actually days.

"domestic

Mr. Elids was not satisfied and con- resolution himself eighteen months ago.it leaves one puzzled as to how and why regarded by both sides as a

tenement. In That resolution was then thrown out, and

one clause there came tinued to argues, "You," he said, he hoped that this one would fare better. Interviewed yesterday afternoon Mr. the phrase "should the premises prove my brether-in-law will not be here until He was glad to see that the Board was Thorne, Commissioner of Customs for word habitable indicate, he said, The Magistrate: You can make an ap

uninhabitable. The vor use of the May 28th." making up a little, and dropping its old Kowloon District, said that he had ever that the premises were meant for human plication if you like for the fine to be attitude of inertness and inactivity. Ha good reason to suppose that the reported

habitation." Then again, in the first paid within 14 days. congratulated Mr. Wylie on putting the capture of one of the Customs launches

Mr. Elias: I don't think he will be agreement, there was the clause restricting and the Ecard on its new motion,

wen quite untrue.

the use of the premises as factories and back within that time, activity.

godowns, or for the purpom of a The Magistrate: All right, then, the The CHAIRMAN said he would like to

dwelling house." In the second agree order to stand. reply to the allegations of the last

ment drawn up this phrase was struck out speaker. There had been no volte face on the part of the official members of the Board at all. The fact that they had Burned down Mr. Silva Netto's motion

did not mean that the Board was inert,

auch umours are started.

LEFT OVEL

With reference to the appointment of a member to Ell the place of Mr. N. Teesdale. Mackintosh while he is on leave, the proposition of Mr. H. B. They had every right to turn that resolut DowBIGGIN, Boconded by Mr. WYLIE it tion down as they had every right to pass was decided to leave the matter open for this one. As to" slackness" alleged, there a time. Mr. Mackintosh is to return to had been only three meetings of the the Colony by next November. Board for the simple reason that members

CONCERNING CHEMISTRY

premisea

Mr. Elias again left the Court, but a and the phrase inserted that the buildings few moments later he was back again. were to be used for godown premises In reply to the Magistrate, Mr. Fraser only, and house in nerordance with the Rents tension of time for the paying of the

opinion

seven

are not domestic dwellinganid that be had no objection to an ex- ordinance. This was a point where the fine, say within seven or fourteen days. appellants differed greatly in

Seven days, be thought, was a reasonable. from the respondents, and the second time. agreement was never signed.

M East Bit the defendant is not On the 18th September respondents here. I only enme here to see about it. intimated their intention of applying in The Magistrate: But you told me you ac not enlied for more. He had held The CHAIBMAN remarked, for the infor the Summary Court for an ejectment represented him and you are looking and called meetings whenever members mation of the Board, that he had received order against the Tobacco Company. The after his affairs-Yes, I think seren days had intimated that they had any business applications from St. Joseph's College, appellants could only counter this by a bom transact. Ho thought Mr. Wylie's

ia time enough. proposal

a perfectly sound one, but and the Diocesan School for grants for claim for specific performance of the

His Worship then made the formal pare his their physical and chemistry laboratories, lease, and as the lease had then expired. suggested that if he had to prepare

He had recommended these applications the only thing they could do was to take order.gin to be paid within which included estimates,

the salaries of

to the Government, and they had been the case to the Supreme Court, which days" hundreds of officials and involved a

be they dd.. The Renta Ordinance was considerable amount of derical work, he approved, St. Joseph's' School would would not be helped to any great axtont if benches, and $3,800 in respect of semi-uch casca to be taken to the Supro If those manufacturing premises were tan granted $2,000, half the estimated cost of amended towards the end of 1023, allowing His Honour Mr. Justice Gompertz: ho had to circularise them and put all

Mr. Alabaster believed this the details before a Committee. Ho permanent apparatus for chemistry. For Court belived that this was not Mr. Wylie's the Date to comated cost of benches, order that this particular to role in person happened to live in them. in the Diocesan School he had recanaesided amcilment was brought about directly in times as large as they are, and if ons intention, and that that gentleman really

The trial toolr addition to the two watchmen, then the wanted to make sure that any important $1,250 for semi-permanent apparatus for proceeded with somehow.

алей the samo

domestio Bum for place and judgment was delivered on the tenements" nccording to your argument?

whole premises would b changes concerning education in the chemistry,

of $3,500. 31st July. Colony should be discussed by the Board, physics, making a total

Returning to the subset of the Rents thought of that particular ventuality, Mr.--- Alabaster: "Well, I had 'not before going before the Government. To (Applause). He went on to say that there this there could be no possible objection. was also a very heavy annual expenditure

would be so, yes. Mr. 9. W. 180, said he thought that in respect of things that could not even

In support of this statement - Mr. when the Board was appointed it was be described as semi-permanent, such as as to leave room for no interpretation Alabaster remarked that he know of a

except tho litoral one.. With mix

case in England where a bank manngor. same procedure with regard to the only reasonable that schools taking these

more expensive subjects should be given upon to none of which these particular countes na the Sanitary Board and bigger grants. This was provided for by buildings applied, a dwelling house was result in a Court ensa which rogo, the ha amendment that, The whole of the the Government, and the recommendations defined in the Ordinance as a building whole banking premises were held to be

had referred to had been embodied in "in whole or in part" used for human had not a record of the ease

domestic tenement. ho tntimates be submitted to the Board."

Unfortunately he Mr. Too lator withdrew this,

the Grant Code,

habitation. The phrase was not in

to produce. The CHARMAN suggested that the sub-

Counsel went on to support his conten- The meeting then terminated,

whale or mainly," or even in whole or tion by reference to a number of caSER committeo should consist of the Inspector

Those present at the niceting, were; the partically, he Ordinance farther half and legal opinion... One of these relateri

**; it simply stated in whole Irving), in the chair, the Inspector of that, a building was a domestic dwelling day time as a Church, was a refuge Hon Director of Education (Hon. Mr. or in part."

I Church in Lonion which, need in the English Schools, (Mr. E. Ralphs), the if ccupied by any porses ether than two for the destituto at night. Though there. Inspector of Vernacular Schools (Mr. Rahmen. In this particular caso

man and his family were sleeping on the news and benches to sleep un, the premises A. D. Forrest), the Rev. T. W. Pearce, the Ray, Fr. H. Valiorta, Messrs. B. B. premises, and, therefore, bo contended,

were no beds of any sort, and simply the

Dowbiggin, B. Wylio, B. W. Too, A F. the definition must apply to

had yét been termed ሲ

*** domestic these dwelling." B. Silva. Notta. Rumishn, and the particular premises,

Mr. Alabaster continued his addrees in Secretary (Mr. Y. P. Law.)

(Continued as foot of next column.) the afternoon.

Ordinance, Mr. Alabaster submitted that but: the definition of a "dwolling" was such

"understood that they should adopt the chemicals and test tubes, and it Cecmedcoptions (which he had already dilatodiyed on the premises of his bank, and as)

considor detail. He moved as

of Vernacular Schools, the Inspector of English School, and two members from the Board

Mr. Wylie's resolution was carried, and the Chairman's suggestion adopted More Wylie and Tao being the two members appointed."

(Continued at foot of next column,).

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