1923-09-15 — Page 5

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LANDLORD AND TENANT,

THE LAW AS; TO LANDLORD'S CLAIM FOR POSSESSION.

Jodgnient was given yesterday morning | in the Suminary Court by his Honour the' Puisné Judge: (Mr. H. H. J. Gompertz) in the ear in which Chin Fun and an ather sued the Ching Ent Bank for the passion of the ground for of 78, Wing Lak Street, with mesne profits.

THE HONGKONG. DAILY PRESS, SATURDAY, SEPTEMBER 15TL 1923.

PICTURES ON OIGARETTE

CASES.

MAGISTRATE FINDS SOME THAT

ARE INDECENT.

The case in which a Chinese hawkey

was charged with selling cigarette cases hearing pictures of an obscene, indecent, and revolting mature, ene before 34. J. R. Wood Again at the Magistrary

yesterday morning.

|

SPORT..

LAWN BOWLS.

DOCKS R.C

.

KOWLOON CRICKET CLUB.

ANNUAL GENERAL MEETING.

The vannha meeting of the Karkon

SHANGHAI DEFEATED AT KOWLOON | Cricket Club was held yesterday evening. Mr. R.. E. Lindsell. Vice-President, was in the chair, supported by the ed their third reverse yesterday afterHou. Treasurer, Mr. H. E. Stevens, Th

The Shanghai Interport howlers suffor Seerstary, Mr. P. Heathcote, and the noon at the hands of the Kowhun Docks Recreation Club. Since they com

meeting was well attendel. menced their programme of friendly

Mr. LINDSELL commented at House

length on the profits made by the Club.

Hi, Lordship quid the facts of the case!

mateles last Tuesday they have only one A were simple. Hy an agreement dated

20th February, 1922, the plaintiffs agreed; Mr. M. H. Turner appeared for the game out of four to their credit and that compared the $1,000 made on the past ne Cagainst the Civil Service, Cricket year with the 83,120 made the previous to purchase the permises, No. 75. Wing defense, and remarked that there was no Lok Street, for the sum of 41,000, where: "question as to possession. The defendant Chili) was won only by the narrow mar year, and pointed out that the decrease of 4 was paid as it depesit, Comple was aloubtedly selling the cases, fut sin of one point. But one cannot rely as the result of increased, wages to the tion was to be in or before 17th Jane the question did arise as to whether then inch in these results when trying to staff, and, more important still, to the forreaat - the outcome of the Interport drastic way in which they had written 1999. By elas 10 of the agreement the pictures on the cases could really one "vender was to remain on as a monthly, within the definition of any of the words alch, which is booked to be played this down the value of the Club pavilion and teant. He was to pay, as from the date which pude the subject of the charge afternoon at the Kowloon Boating tireen furniture. At the last general meeting of completion of purchase, a monthly rent He would ask Mr. King in what way he Club, as much depertis on the run of the Dr. Forsyth had criticised the snailness

thought the pictures

of the har profits, which were then about green at Kowloon which may be very were intervent The purchase was duly com. of $250.

favourable to the Shanghai bowlers, 20 per cent, of the putehases. The Herr obscene, ete, pleted and the vendor remained on as

Then again one has to remember that tary then projused that a bar, committee to the plaintiffs. On the 1st) Mr. King intimated that he was quite the shanghai men during the last four be formed, and Mr. Herridge was up- tenant September, 1922, the defendants, who had willing to abide by the decision of the days have beer changing their Skips for painted convener. This committee entire

notice of the ngrement, became shagistrate on this point.

each match "and this, as in yesterday's ly, revolutionised the methods by which tenants, of the ground floor, and they Mr. Turner went on to outline his muteh, did not appear to meet with the the bar was run, and a bar manager was aimed to le statutory tenants of the defence. He submittel that there was best results. The matches already played engaged at a high wage. They certainly plaintiffs.

nothing, conspicuous about the pictures were, only friendly games, and for this kept a eltxe.eye on the issues from the to condemn then, as being obscene or afternoon, with, the Shanghai men nu stores, and.

as a result of their super- revolting. Pictures were sold in Earnered off to the best advantage, a good vision, the bar profits were this year pean shops in Hongkong which were no tussle may be expected with a slight about 30 per cent, of the total of the pur- less suggestive than the photos on these advantage bir the Hongkong men,

He thought, the Bar Sub-Com- cigarette cases, and they were not con uidered indecent. Although the figures Docks was witnessed by a fair gathering (Applause.)

Yesterday's match at the Kowloon mittee was worthy of special mention- were almost nude, there was nothing of!

suggestive nature in any of the pos.

Out of these figures, continued' Mr. of spectators al, amingst those presept |

It was agreed that two questions arise: 1.) Could the plaintiffs have obtained order for possesion igainst the Vendor, hul the latter remained in posses.

1|1

sion

(2.) And, assuming the first question to

be answered in the aßirmativescan an under for possessini be made against the defendants?

tures and attituules. Had the figures His Lordship wint on to say that in been half slothef he would have con. the present case there was so question ofsidered them infinitely wore suggestive « notice to quit, What was relied on was Then, again. bis Worship should not! the provision in clause, is of the agres allow himself to be influence in the ment that the tenant should quit and question of nationality of the figures, give up possession or a given date. It which were undoubtedly Fauropean. Was obfreted that is agreement of this] His Worship said he could not find that kind, made prior to the tenaney, was not the figures were either obscene or revolt within the scope of the suberetioning, but he did find that a number of the which contemplates un agreement by pictures were indecent, and the defen- pergon who was already a tenant, and dust would be fined $5. na by one who would beebine tenant,

Mr. King applied for an order of con- at some future date. His Lordship con scation of the whole of the eases seized.. fessed that he was unable to see the foreuating to about 'hve thousand. of the objection.

It was contended that the plaintiffs had Mr. Turner objected to this. He joint paid over the fulk purchase money—a step |

ed out that only some of the pictures had they would not have taken had they not

been found indecent, and therefore it was believed that in consequence of that fair that they should all be conßa agreement they would get passession inated. His client would be perfectij due course. No other ground was willing to withdraw from sale"such of the -aloged... In his opinion, the mere payouts as were considered by his Warship

יך

muit of money was not sufficient.

The as indecent, but not the others.

The

The goods were imported into Hong kong by a local European firm thraigh a London agency, and they had their cagin in Germany.

S

TO-NIGHTS OPEN AIR

CONCERT.

paint WAS ccncluded, his Lordship Mr. King agreed to defer the applict thought, by a decision in the Court off tion in order that they should be somed. Appent in England on a gretion of the ns Mr. Turner asked, English Act of 1930, which was substaй-| tally idention with the provisions of the Hongkong Ordinaner. In that use his Lordship, said, as in this, the landlord had paid money in consideration of the promise to quit. But this was not held sufficient--the landlord was not "wriously prejudiced " "within the meaning of the section, and there was no jurisdiction to make an order. In the case before him the plaintiff had his sympathy, As Mr. Watson had pointed out, if they were -dishonest they might have brought them- "selves under the subsection by a collusive contract to sell or lease. They would then have succeeded on the first point argued before him. A it was he had no2. opticú but to give judguai for the de fendants ou the daing for possession.

His Lordship informed the, solicitors

Following is the programme for the Open Air Concert tonight it 9.15 on the Hongkong Volunteer Defence Corps parale ground:-

PART F

1. Quick Step...." Pompadour "Stanley The Band of the King's Regiment. Tenor Solo

(a)Passing By"

Purcell

(b) O' Mistress Mine"...R. Quilter

Mr. H. ANNIS

that he had heard no argument on the 3. Contralto Solo

questing of missne profits, But if this

could not be arranged between the parties

hệ would hear argument.in Chantixers,

Mr. M. M. Watson appeared for the plainti and Mr. M. K. Lo represented the defendant.

(n) "If in the Great Bazaars” (b) "Allah be With Us". (From "A Lover in Dainageus"}

|

Į

b

as noticed the Hon. Mr. A. O Lang | Lindsell, the question arose of racing The play on the whole was blessed with the price of drinks (Hear, hear.) He a certain amount of "joss to both sides thought, they would all agree that the and if any one player is to be given Kowloon Cricket Club should not really No. 1 for the back men, should be given had now a rash balance, to their credit. prominence, without doubt Gourlay, agbe run as a money-making, concern. They the premier plass. Time and again he of something more than 825,000, and he got his "wood "right up against the jack thought that that entitled them to adopt. and throughout he had his opponent somewhat more lihern policy. Shaw-who also played consistently-well were several directions in which increased There

held. Of the middlemen-the Nos was expenditure might benefit the Cluk If and threes-they were at tinies not alle tyent down the profits of the har, they to get the run of the green, the green could still have a Fair balaner in hand. being a little on the heavy side and the! It would be remembered that in 1965 and Lewis running short of the jack. Lapsley. 1905' their reserve was only $1,500, and now anil then, got in a good wood. He their profits in 190s avers only $1,000. guaged the ports with confidence in the Oh the previons year their profits were earlier stages but towards the caul his only $87. Al that time membership was opponent Veitch seemed to get his mea-only 193, as compared with 447 10-thy. sure and to be holding him conifortably. They had had quite a successful rear, As to the Skips a wond of praise is continued Mr. Lindse both financially due to dry for the masterly way in and in the world of sport. He proposed which he controlled the run of the game that the report and account he adopted. for his sidg. He was in good form and kept his opponent Skip (Poignand) well in hund. Perhaps the brightest hit of plny, which was received with applause, was at the 16th head when both Skips gotein some good shots. iray got in through a difficult port and lay close to the jack; then Poigaand, with an equally clever shot, improved on his opponent's position. Gray, "uct to be defeated, got thringh again and claimed the shot-for his men with n very good "woul Poignand has been seen to better advun tage than he was yesterday but any little failures were uply covered by his clos- ing performance at the last how with ዚ very line lastwood" he was. means of getting three more pourts for his men and thus reducing the suverse score considerably,

The teams were:-

SHANGHAL

KOWLOON DOCKS

Gourlay Keith

Lapsley

Cheetham Shaw

Veitch Poignand

10 Gray The progressive scores werezie.

Amy Woodferde Finden Mrs. N. MATHESON.

Weher

No. of

head.

"Oberon" 4. Overture

The Band of the King's Regiment, 5. More Impersonations

Mr. 1. Zallonsky."

MOTOR-BUS CRASHES INTO Three Dances from "Nell Gwyn "

A TREE.

PASSENGER SLIGHTLY INJURED,

A ptor-buk, with amber of passen- gera on heart, crashed into a tree'nt the corner of Natha-Rond and Salisbury Road, Kowloon...yesteriny, afternoon, One Chinese passenger was badly eut Cabout the hend by splintered glass.

The bus. No. 85. belonged to the Kai Tack Motor-bus Company. According to

Edward German

The Band of the King's Regiment Interval.

Oriental Scene..."Dervish Chorus”...Kibek The Band of the King's Regiment,

/

PART 11.

Mascagni,

Excepts from "Cavallerid Rusticana

The Band of the King's Regimenti 2. Baritone Solo

Devonshire Cream and Cide""

Willed Sanderson |.. Mr. A. S. Ex

the driver's own story he was taking the a. Suite..."Ballet Egyptien"......Luiginí corner at the ordinary speed when he Contralto Solu heard a sureeching noise which he thinks(n)"From the Land of the Sky-blue was caused by the right hand mud guard - coming into contact with the wheel. He then found that the steering gear would

not control the 'bus and a few seconds later it crashed into a tree at the side. of the road. The passengers were all thrown out of their seats. result of

the impact, but only one was injured.

"The driver had only commenced duty on the run that morning, after undergoing in ten days' driving teat" ↑ kich; he prased successfully

Water"

(b) The Moon drops Low

12

(Omaha Tribal Melodies, from Four.

American Indian Songs ")

C. Wakefield Cadman Mrs. N. MATHIEŻON.

Selected Mr. O. Eur.

Song

the

Mr. ABRAHAM weanded. and the molu- tion was carried,

OFFICERS.

The following Officers were elected:- President: Dr. C. Forsyth (re-elected). re-elected).

Vice-President: Mr. R. E. Lindsell

Hon. Secretary: Mr. S. G. Green (in) the place of Mr. P. Heathcote who re- signed the offer).

Hon. Treasurer: Mr. H. E. Stevens, neglected.

Captain:, Mr. J. P. Robinson (re- elected).

Committe: Messrs. E. Abraham, A. Overy, V. C. Labrum, J. Hyde, J. Corn, GW. Avenell, W.-Goldenburg, J. C.

Fletcher.

Balloting Committee; Messrs. W. J. Edwards, B. D. Evans, E' J. Trechi, A. W. E. Davidson, R. E. Nichols, H. Davies, T. Monaghan, G. H. Spilde. R. Pestonji, and E. J. Edwards.

On the proposition of Mr. NicHOLLS, C seconded by Mr. J. FRASEN, Messrs. J. „Spistles, J. P. Robinson, and W. J

Edwards were elected life members.

25

SBANGHAL KOWLOON, 14.B.C.

Shots Total Shots. Total.

GARRISON TENNIS,

3

10

12

12

13

13

10

It was decided to grant honorariams of $350 each to the Hon. Secretary, and the Hon. Treasurer.

The RA.O.C. soon established in lead and at the end of the third set the games were 16 to 11 in their favour. The Engineers, through Best and Treagrove, made the scores 27 all at the end of the sixth got. The R.A.0.C. again took the lend at the seventh, Gillow and Randall winning byta 2. but Best and Tren- grave in the eighth won by a doilar margin and the scores were called 3 all, The last R.A.0.C pair, Col Hill and Q.M.S. Foster male certain of the match. and during the final set were masters of the game, giving their opponents wo chance and running out winners by mino games to love, Scores -

Col. Hill and Q.M.S. Foster (R.A0.0) beat Major Gandy, núd "S.S." Hamblin (RE) '84, bent 80. Smith and QMS. (PLE) 0-0, boat 8.8. Best and Corp. Trengrose (B.E.) 6-4.

4

S.S. Gillow and Pie. K (R.A.O.C.) beat Candy and Hamblin 17-2, bent Smith and Lenghottom 72,-lost-

to Best and Trengrove, 3-4,

- A match to decide the Garrison Longue Championship was played on the Garries to Gandy and Hamblin 27, lost to S.S. Wright and Pte. Collie (R.A.0.C.) son courts at Sookunpoo on Thursday Sraith and Longbottom 4-5, lost to Best afternoon between the R.A.O.C. and the and Trengrove 2-7. Royal Engineers, resulting in a win for the former by 45 games to 36. ::

.

F

R.E. "A

A large number, including General. Sir R.A.O.C Selection... "Iolanthe". Sullivan John Fowler, G.O.C., and Col, Butter Small Units

The Band of the King's Regiment, Regimental March

"' Here's 'to' the Maiden,” "God Save The King."

worth, R., attended to witness the R.E. "R" match. Prior to this, neither team had E.G.A. "A"

R.G.B. "B Jost a match in the league this season. R.A.M.O

(Continued at font of next column.)

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FOX-TROT AND 4. SONG.

‘MUSIC BOX” REVUE

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