1924-03-28 — Page 5

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POSITION OF THE S.CA. LEGAL QUERY IN THE SUMMARY COURT.

THE BRITISH LEGION,

ANNUAL MEETING.

THE HONGKONG DAILY PRESS, FRIDAY, MARCH

Last year's attendance at the manual" In the Summary Court yesterday, be- meeting of the local branch of the British fore Mr. Justier Gompertz (Puisne Legion was described at the time as being Jadge), Messrs. Young Chik Fook and "poor," but this year's annual meeting. Ho Shang Ki, owners of & row of houses held last evening at the offices of Messrs. in First Street, sued for the possession Jardine, Matheson and Co., can only be of eleven of them. There were a differ- described as being very poor. Out of a got tenants altogether, but 14 had already total membership of 10 there were four Kiven up possession, the remaining members of the Conunittes and seven refusing to leave on a point of law subordinary teachers present. There was mitted by their solicitor. Notice to quit was given in October last, on the grounds doubt expressed before the meeting that the premises were to be pulled down as to what number constituted a quorum and re-erreted. The zweemary certificate but it was finally decided to “carry on.” from the Building Authority, and heen 31r. In G. Bird, President of the loent Branch of the Legion, presided and other Committee men present were Jr. R. Cable (Hon. Secretary), Mr. A. H. K. Colb and Mr. P. W. James.

obtained.

In stating plaintiffs' ease. Me. 11. C. Macnamara said that three months' notice was given on October 27th last It was mitted that such notice was quite in order so far as the Rents Ordi- nry was concerned. The only defence was that notice, as required by Cannon Lak, was not given, it being contended that the antiers did not expire on a date of espation. The effect of that defence was to claim that two notices should have Tery give, we conforming to the fients Urilius ad conforming to Com- anon Law lg which, the defence, would ¿plend, & notice to quit must feminate on a date enrresponding to that on which the tenancy would normally have ex- pired. All the tenants went into possey- in different dates and it was claim- ed that different notices, expiring on 23 different dates, should have been served. He (Mr. Macnamara) would con- ful that such notices were not required by Cotton Law.

The renauts, when given notice, went to the flier of the Secretary for Chinese "Affairs, and there arranged for a little extension of time. They verbally agreed to move mat on March th, and the plain ziffs afterwards signed contracts whereby the work of demolition was to have been started on March 3th. By the refusal of the tenants to go, the plaintiffs had suf- Jered injury and would, certainly have to pay dahinges to the contractors. Even if the notice to quit was not in conform ity with what was required by Common Law, he contended that the agreement reached in the office of the Secretary for Chinese Affairs was binding, although nothing was signed. fle had subpoenaed Dr. Nihill, of the Secretariat, to come and give evidence, but Mr. Nihil had objected and his Lordship would have to rule whether Mr. Nihil could be asked to give evidence or not,

His Lordship: it rather lessons the usefulness of the SCA. if he is liable the hauled into Court to vive evidence on disputes which he has previously settled by way of compromise.

Mr. Macnamara said the answer to that was that it also diminished the useful ness of the S.C.A., if people male agres ments before bint and did not carry them out, s had happened in this case.

Mr: C. A. S. Russ (who appeared for defendants) said his position on this point was that, when the notice to quit was given, some of the tenants went to the S.C.A, not having consulted a soli citor, to see if the notice was a good one and to ask for an extension of time. It wus possible some arrangement was made there. There were, however, some, ten- Bats who did not go.

Ir. G. Bo, in presenting the re port and accounts, said the balance sheet showed cash in hand at the bank was 83,170, and since the accounts had een closed they had received $1,587 from Sir Paul Chater's find and subscriptions amounting to ss. They had therefore 85.114 to their credit. It was gratifying to announce that there had been lewer applicants for relief and they hoped it was indicative of improvement of ex- service men here and elsewhere,

The Chairman connuented on the sue- cess of Poppy Day when £1,007 was collected and forwarded to the Headquar ters of the Legion. He real a letter of thanks from the Secretary of the Appeal Department, which had already been pub shell. He was sure they would agree a D. Ralph, his sub-committee, the ladies who sold poppies and all who assisted on "Poppy Day."

COMPANY MEETING, HONGKONG FIRE INSURANCE CO., LTD.

SPORT.

TENNIS..

25TH, 1924.

NG SZE KWONG, IN THE FOURTH ROUND.

The fifty-fifth ordinary general meeting'

Sg Se Kwong decisively defeated N. of the Hongkong Fire Insurance Co., Ltd., was held at the offices of Messrs Trambitsky yesterday in the Open Cham- Jardine, Matheson and Co., Ltd., yester-pionship Singles by three straight sets. Mr. D. G. M. Bernard presided Trambitsky was obviously suffering from day. and there were also present Sir Paul Meerves," which affected his play consider. Chater, Q.M.G, Mr. T. E. Pearce, Mably. Ng Se Kwong now go into the II. P. White, Mr. C. Bernard' Brown, and fourth round and has to phy T. Honda. Mr. A. S. Gubbay (Consulting Commit. This gune zhould be one of the lust af tee), Mr. F. C. Hall (Secretary) and the the tournament. following shareholders:-The Hon, dir. Chau Siu-ki, Messrs. A. Deniso. Ho Leung, D. V. Steavenson, J. Arnold, W. E. L. Shenton, Felix 3. Ellis, 3. V. A. Croscher, R. L. Bridger. G..V. Osmund, A. HM da Silva and G. Savard Remedios,

a

The CHAIRMAN said: Gentlemen.-The report and accounts having now been in with your permission, these your permission, to follow usual procedure of taking them as read. It is a matter of great satisfaction to your General Managers and Consulting Con mittee that the account for the year 10, which they now present, shoukl again cun- stitute a record; the credit balance ex- ceeding that for the year 1921 by the sum of $92.609.30. Premium income and

interest show increases of approximately $10.000 and $19,000 respectively, and these increases are in spite of the higher rate of exchange, of rather more than one punny, as which the account for 1922

In the race for honours S. E. and D. S. Green are the first to reach the semi-final stage of any of the competitions the tourament. Yesterday they beat C. C. Stark and J. D. Humphreys by TWO straight

in the Handicap | Double

sets

YESTERDAY'S RESULTS, Orgy STOLES.-D. J. Allfree hent Hung Huai Chang, 6-1, 1-6, 851 9-5, 7-5; Ng Sze Kwong bent No Trambitsky, 6-1, 6-2.

11

FLANDICAP DOUBLES-S. E. and D. S.

Green (4/0) bent C. C. Stark and 4. D. Humphreys (2/6), 6-4, 6-4

TO-DAY'S PROGRAMME. OPEN SINCERS.-H. D. 2. A. A. Kum- jahn.

OPEN DOLLES-Ho Wei Hing and Ho Ka La e H. Owen. Hughes and G. R. More: S. A. and H. II. Famjahn v. N. Tramhitsky and I. Krebs.

hearty vote of thanks was due to is shown. The ratios for losses and ex- B. Cornaby (+5/6) », R. E. Worthington |

HANDICAP SINGLES "A."-D. J. Allfree (+976) 7. R. M. Henderson (+5/8); W. (-13/3); A Leach (+15) W7 L. Thomas (+13).

HANDICAP SINGLES "R.-G. D. Jillings

HANDICAP DOCIL.-G. Sewell and C. Blaker (-1/6). F 4. Redmond and M. Roffey (-3/6), A. B. Enworth and M. Mats (1/0) D. Burlingham and C. G. Eurdue.

perses work out at 31.00 per cout and 33.50 per cent. respectively, as against 38.3 per cent and 33.06 per cent. for the: working account for 1925 is $515,103.21, or $110,000 less than the carry forward for 19% after twelve months' working In considering this account, it must be remembered that 15 proved a record year in every way, but previous to that: year the carry-forward for 1923 has only twice been exceeded. It is early yet to

OF THE COLONY. hazard any opinion as to the ultimate result, but at present we see no reason why this account should not be in linex K. LEUNG BEATS MAJOR GANDY. with its immediate predecessors. The aur plus now to be dealt with is $633,749.89. We recommend the payment of a dividend

¡

The membership of the Legion was now Fear, 1927. The balance at credit of the! (+2/6) » Fowle (+3/6). 119 and he hoped new incibers "worldl join. He was sure there were a large number of Indies in the Colony eligible for membership. The Legion was open to all ladies who were mysing, driving cars, or doing other war work. It was with regret that he hail to announce the resignation of the Hon. Secretary (Mr. R. E. Cable) and the Tor. Treasurer (31r. W. J. Hawker) who were both going Home. Their thanks were dine to them and to the Hon. Mr. A. R.. Lowe and Mr. A. Pierey for auditing the accounts,

OPEN BILLIARDS

↑

OHAMPIONSHIP

The contest for the Open Billiards

The CHAIRMAN then formally proposed of. $35 per share, absorbing $230,000; the Championship of the Colony was adj

the adoption of the report and accounts. Mr. F. C. HALL seconded and the motion was carried unanimously.

Mr. L. G. Bird was unanimously elected President and Mr. G. K. Had Brutton Chairman. Some difenity was experi enced in the appointment of a new Hon. Secretary and Mr. Cable willingly agreed Lu carry on the duties until such time as a relief had been found,

The Committee was elected as follows: The Rev. Clouston Porri, Mr. FW James, Mr. A. II: K. Cobb, Mr. FC

Hall and Mr. II. Glanville.

This was all the business before the meeting.

ALLEGED ASSAULT ON A

"MUI TSAL."

appropriation of 8200.000 to the Reserve and the balance of $153,749.99 at 2/3= £17.557 88. 2d. to ie placed to the eredit of Reinsurance. Fund. The Reserve Fund £188,820 65. Od will then stand at $2,000,000 and the Reinsurance Fund at The lavestiment and Exchange Fluctua tion Account again shows na increase of approximately $185,000: this is due to the further appreciation in the value of securities held by the Company. will I trust, approve of the usual bonus of 13 per cent. on their salaries being granted to the staff

You

Fire losses in the Far East during the period ander review have not been numerous or severe, hut you will, per haps, wish me to say a few words with regard to the effect upon the Company of the two disasters in our local field last year, viz., the earthquake in Japan in September and the typhoon in Hongkong of the 18th August. In connection with A married woman named Cheng, Yu the former, we only had on our books one Mr. III. B. Nihili, stating tire objeesh, and her daughter, Yip Shiu Mut, small insurance in Yokohama against tions held by the S.C.A. to his giving were charged at the Magistracy yester-risk of fire arising from earthquake, and evidence, said he was instructed by ME

TWO WOMEN CHARGED.

the

Tha

vanced a stage further last night when K. K. Leung defeated Major Candy by 113 points in a game of 800 up. highest breaks were: K. K. Leung, 68, 34, Gandy, 20, 35, 21, 20, 25, 49. 21, 24.33, 20, 20, 30, 25, 21, 45: Major

FOOTBALL KOWLOON F.C. r. H.M.S. "AMUROSE.”

The following have been selected to re present the Kewloon F.C. in their 1st division, match 2 HMS. Ambrose at Kowloob, on Saturday kick-off at 1.30 T. L. Knight; A. Turner, J. McKelvie and H. G. K. Wheeler: A. Latham, K Mason, H. Roberts, H. H. Nash and. W. Walls. Reserves: M. Howarth, S. G. Hayes and J. Morton,

p.m.-A. Duncan;

YACHTING.

Next Saturday the Warren Memorial ard Belitics Cupe will be sailed for by the Racing Yachts of the Club

MACAO NOTES. [гzok oca OWN CORRESPONDEST.}

Wood to lodge an objection to giving lay before Mr. R. Endsell with asas subsequent investigations have revealand at the same time the race for the Con evidence of proceedings or conversationsaulting a must. The mother was also ed that the insured property withstood in the office of the S.CA on the ground charged with treating another servant the shocks but was bitinately destroyed solution Cup will be stiled off. On Sun girl. Doctor's certificates showed that by fire; liability for the loss was admitted day the La Cigale and Niobe Cups will that it would he prejudicial and injurious

and settlement authorised. Liability for be competed for by the cruisers. to the public interests and service. Mr. the girl was badly khocked about.

Mr. R. E. A. Weheter, who defendes, loss or damage from both earthquake We had asked him to say that in his opinion the usefulness of his department asked for n reduction of the bhil, and shock nod from fire arising from earth- ventually his Worship fixed the amount quake is expressly excluded from the would be impaired if his position as con. fidential counsellor to the Chinese publicat $1,000 each, half of this being in cash risks covered under the universal policy was broken through either himself or his and the remainder in a personal surety conditions adopted by all the leading

THE RACE COURSE. assistants baving to publish what went His Worship observed that if he found British and foreign offices, and these two fisks can only be covered at an additional on in his office. Mr. Nihill said the objec the gas proved, a fine would not be

premium, which in Japan is exception,

The promoters of this project signed the tin was one of principle and Mr. Wood sufficient.

ally heavy, Consequently, only an in agreement with the Macao Government on lexired, if necessary, to instruct the law

finitesimal proportion of the owners of Tuesday, March 9th, for an exclusive beers to argue the matter,

destroyed properties in Yokohama and

concession to conduct race meetings in Tokyo had protected themselves' against Macao during a period of thirty years. luas from either of these causes, so that The signatories were Mr. Rullo Chun the liability of the various Insurance

and Mr. Lon Lim Yuk, attorney for Mr. Companies under their ordinary fire Wong Wo Ching. The Company, which earth paid a deposit of 810,000 to the Macao policies is and under special

Government, is formed of Portuguese and quake

rich Macao Chinese merchants as well as Chiacze millionaries from Shanghai. All the promoters are citizens of the Portu- guese Republic.

täving evidence, one of the two plain- tifs produced a contract showing that the premises were to be pulled down and re-uilt at a cost of $40,000. Subsequent to what happened at the offices of the Secretary for Chinese Affairs, he was in- duced to enter into this contract and the tenants agreed to quit on March 4th.

Me. Buss cross-examined the witness, who denied that he signed the contract Lefore, the interview with the S.CA. He said it was signed en January 31st, and that interview was on January 23rd.

This was all the evidence offered for The plaintif

Xis Lordship said he would let the case proceed, and if he found on certain. fxets for the plaintifs it would be un- Accessary for the argument regarding Mr. Nihill's evidence." "If he was against plaintiffs Mr. Macnamara would be ready

to argue it.

MARINE COURT CASES.

The master of the .s. Kiruny Fat was fined $19 yesterday for failing to observe the rule of the road.

The owner of mptar-bout Wing Cheong No. 3 was fined $10 for being under way without having 1 certified coxswain

aboard.

The coxswain of motor boating Cheng No. 4 was fined $5 for being under way without exhibiting regulation lights

Masters of five small craft were each fined for obstructing the Government Pirr at Yapmati Bay.

1

Rules and Regulations of the Associa- tion will be furnished within three months. The Association will conduct on

It is expected that the first meeting will be conducted within a year.

A'NEW HOTEL.“

policies, it must also be com paratively trifling. As regards the long kong typhoon, although the volume of the Company's insurances against typhoon risks has shown a steady increase in re- cent years, I am glad to be able to state that, in spite of our being substantially interested by insurance on much of the property which suffered damage, the loss was considerably less than we had at the site of the Race Course, a restaurant as well as a social club. Three small meet first anticipated and was no more than ings and one big meeting will be held the Company might normally expect to each year, COURT MARTIAL.

bear in a calamity of this nature. After Pte. Reginald George Baker of the 2nd the resolution which I am about to pro- Battalion The King's Regt. was charged pose, has beca seconded, I shall be before & District Court Martial yesterday pleased to answer, to the best of my

In conjunction with the Race Course Mr. Macnamara assented to this. Mr. Ruse, opening his case for the morning with: (1) deserting H.M. Forces; ability, any questions arising out of the defence, replied to the legal points raised (2) escaping from confinemens until ar-accounts which shareholders may wish to scheme, a syndicats of Chinese, with ho rested in plain clothes; and (3), losing ask. I now propose the following resolu- assistance of Mr. L. P. de V. Soares of Jy. Mr. Macnamara. He said it was

as presented including the payment of a to be run for the convenience of guests decided as far back as 1874 that in the by neglect his regimental clothes and necestion:That the Report and Accounts Hongkong, will construct a modern Botel

suries. The prisoner pleaded "Guilty" case of a quarterly tenancy a quarter's to all three charges. The evidenco. Kuw dividend of $35 per share, an addition who will be expected in great numbers

to the Reserve Fund of $200,000, the

when the race meetings commence. notice was sufficient, the notice being that accused was confined at the De

TOBACCO AND WINE DUTIES. terminable on quarto day. In the matter teation Barracks and he contrived with transfer of £17,857 85. 2d. at exchange

The Legislative and Executive Councils of monthly and weekly tenancies it had another prisener to escape on November 2/34-133.7-160 to the credit of Reinsur- sever been definitely settled what length pub, 1023 On February 1ith this year, ance Fund, and the payment to the staff of time was necessary It bind never

Tabases and Wine. The now, duties are adopted and passed." been suggested or thought possible that he was arrested at the Seamen's Institute, of 15 per cent. upon their salaries, behave passed the new schedule of taxes on

Kowloon, by Sergt. Puttock

The resolution was seconded by Mr. about twenty-five per cent. of the duties any person should terminate a tenancy -The Court was presided over by Major

kong. in the middle of a period, the reason being that it was certain no one ever AL Cruickshank, D.E.O., R.G.A., and Denison and agreed to without discus-being levied on similar goods in Horg

the other members were Capt, A. 8. Hey, doubted it. In their wildest nightmares Judges of the middle 19th century never /4th Bombay Grenadiers (K.EO) and For granted that these tenancies should Surrey Regiment.

Licut. A. Sutton, 1st East Surrey's, not end in the middle of a period. If

prosecuted... his Lordship admitted the notice termin-

Sertence will be promulgated in due

sion.

M

OTHER BUSINESS.

thought of it. It had always been taken Lieut, F. W. Richards, 1st Battalion East SIL-KL, 'seconded by Mr. STEAVENSON, the ment is created to control all the prot

ating the tenancy in the middle of a course.

period it would be just as logical to hold that it could. terminate at a certain hour. From 1864 onwards it had been held by all text-books that a monthly tenancy required some notice to quit, probably month and did not have the smallest loubt that it must relate to the month and war to end at the end of the month. (Continued at foot of next column.)

Mr. Russ proceeded to quote many cases over a long period of years, relying mainly on a recent judgment by Mr Justice Lush in the Divisional Court.

EXCLUSIVE MONOPOLIES' DEPARTMENT. On the motion of the Hon. Mr. CHAC Under the Treasury a new sub-depart Hon. Sir Paul Chater, Sir Robert Hoducts for which exclusive monopolies are Tang, and Measts. C. Bernard Brown, A. granted in Macao. At present the m L Compton. A. S. Gubbay, T, E Pearce portation of the various monopolies is and H. P. White were re-elected the Con-under the control different depart solting Committee.

menta. The now sub-department will be under the control of the Superintendent of Exclusive. Monopolies, Mong

Mr. IL Percy Smith and the Hon. Mr. A. R. Love were re-elected auditors at a remuneration of $750 each, on the.

The commodities to come under the hd- motion of Mr. Ho Luxe, seconded by ministration of this sub-department are: Mr. ARSOLD

Opium, spirits and wines, arms and im- This was all the businces, the Cur-munition, dynamite and gan-power, fier Fis Lordship adjourned the case pro-MAN announcing that dividend warrants fumers, petroleum, and tobacco of for- visionally to April 7th.

could be had on application.

eign origin.

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TENNIS SHIRT

DAY SHIRTS

UNDER-SHIRTS

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PURE FRUIT ESSENCE MAKES REFRESHING SUMMER DRINKS 35 cents will make 35 ozs. Syrup

LEMON CHERRY

BANANA PINEAPPLE

RASPBERRIES POMEGRANATE

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STRAWBERRY APRICOTS

ORANGEADE

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THE CHINA DISPENSARY

82, QUEEN'S ROAD CENTRAL, HONGKONG.

ENGLISH RECORDS

(COLUMBIA NEW-PROCESS)

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