1924-05-16 — Page 5

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LANDLORDS' ALLEGED RAMP.

RENTS ORDINANCE CASE

Serious allegations of pulling down five Far-old houses were made by Mr.

Bows in the Surapuury Court yesterday gainst the landlords of a number of tencuent houses in Second Street The enue, which came before Mr. Justice Dyer Hall, was one in which two of the tenants, TaeYum-Kan" (trading as Pun Kee) -and- - Chrung Kwar zued Tank Kang Fo and Wang Taztan fortexemplary-damages

a un injunction. The landiards were

represented by Mr. F. Davidson.

THE HONGKONG DAILY PRESS, FRIDAY, MAY ICTH, 1991

Cross | LOCAL TYPHOON WARNINGS,

The. second tenant, under examination, admitted that his wife was not present at the time of the occurrence" but his children were. Some of his furni- ture was moved at the time, but not all." The medical, damages claimed, he ad- mitted, were for medical attention to his wife-after her confuement. She was up set in the workinen but later be said she was not there as the time-

Mr. Bussanid in view of this statement he would not as for exemplary daniages in this plaintiff's case."

CORRESPONDENCE BETWEEN CHAMBER OF COMMERCE

* AND GOVERNMENT.

We have received from the Chamber of Commerro copies of further correspon, dences relative to typhoon warning to which the Chamber has devoted a great deal of attention since the typhoon which struck Swatow in August, 1900

The Chamber-on-the-Sith September Chish Andreased the following anquiries to Mr. Davidson, in opening in defence, the Casernment, arising out of a meet briefly stated that he proposed to calling with Mr. A. G. 3. Fletcher CARG.. at that time Acting Colonial Secretary. The Chamber wrote z——

„TELEPHONIC” ENQUIRIKI" ADDRESSED. TO THE

OSSERVATORY.

| the defendant, Fang Kang Po, to show My Russ, in opening-his-case-for-the that he gave instructions to the contrac "plaintif said the landlords had issued tor to pull down the houses as he was motives for the tenants to quit on April under the impression that the notice to th but the landlords, in their cagerness quit had expired. Obviously, AS 100D N to grisp every penny profit. did not even he realized that he hiul done wrong, and wait for the actions to expire. Some he was legally advised on that point,. time towards the end of the second moen he withdrew the workmen' and had the they sent a gang of workmen to erect scaffolding removed. Defendants admit- affolding outside the houses, and on ted liability Red had paid $30 into Court. April nl, five days before the notices Phsintide statutory tenancy had been expired, a regular army of workmen interfered with and it was a vase of tres- Jahont 2) forced their way into the pre-pass at counnon law”., mifey and commenreil pulling down the houses at the greatest possible rate. This was about 4 o'clock in the morning. The tenants protested, and consulted a

the landlords and their workmen lalt the

Mr. Buss: That is even worse.

CAME FOR TRÈS. LANDLORDS.

21

Mr. Davidson, addressing the Court, Solicitor da zone as the solicitors offices pointed out that the second defendant, apred. At 11.30 am the annic day the Cheung Kwai, had committed perjury by densing in cross-examination what he polícitor, hia interpreter and a detective

said in his evidence-in-chiet. Was this from the Central Station visited the pre- was, he asked, to be allowed to claim mises and, on the orders of the police, drages on a case when he had perjured reatises, "I don't think there will be himself? It was a reasonable inference day dispute,” continued Mr. Russ, that that the contractor took it for granted "when the police arrived there was very that the notice to quit had expired, but dearly a riot. There were crowds of the moment the landlord's position was #copic clamouring in the street, and thers pointed out to him he withdrew at once, is not the slightest doubt that if the police He was there for eight hours. There was had not turned up at the crucial moment obviously no case for exemplary damagea thens, would fire been a regular battle regarding Cheung Kwai, The claim for inthe, als he landlord is not exemplary damages against the ground serving of po sympathy as he very floor tenant was based precisely on the

early, caused a riot.”

same facts and it followed that this claim had also gone...

JA

SAMAGES CLAIMED,

He snitted in the case of Cheung

1. Is the staff on duty at the Royal Observatory prepared to answer at all times enquiries on the telephone by Masters of vessels, as to probabic weather conditions!!

It may be mentioned that in notes dated 10.1.23 the Directors of Observatory latest information from the signal mast, writes: " captains can obtafathe |

"Others, if they are not antished with what they see, can either make enquiries at the Observatory, or telephone as many

do."

GOVERNMENT'S REPLIES The Government has addressed the following replies to the Chamber-

Hongkong, March 25tby 1824- Su-Referring to pour letter of the 24th September, 1993, I am directed to inform you that the staff at the Royal answer enquiries or the telephone from Observatory is ready at all times to masters of vessels as to the probable weather conditions. Con

I would point out however that much ed if masters of vessels would consult the unnecessary telephoning might be avoid-

sigands on the storm signal.qust before making such enquiries, and would hear in mind that as good as observations are received at the Observatory and the in Lferences thorofron deduced, the result is notified to the public by signal on the

storm signal mast.

It is considered likely that on the occa- sion complained of, the Director/way-mis=" anderstood as the telephone was proh ably not too clear on account of the stormy conditions- nm, Sir,

Your obedient servant,

OLAUD SEVERS,

Colonial Secretary:

The Secretary.

Hongkong General Chamber of Commerce.

-Hongkong, March 95th, 1994. 24th September, 1923, which I regret has SIR-Referring to your letter of the remained so long unanswered, I am directed to inform you that this. Govern- Again, in the course of discussion at a the storm warnings issued by Zikawei ment has arranged for an exchange of meeting which he attended at the Cham and by the Royal Observatory in this her of Commerce Mr. Claxton said: Colony. I encloso a copy of Father. Froe's

There is always some one at the Obserter on the matter... vatory at any time of the day or night prepared to give information."

Nevertheless, complaint was recently made to the Chamber that a captain rang up the Observatory and asked for in- formation. The reply he got was "I am going to change the signals: watch the : signals." Once a captain goes to his The Secretary, ship he is cut off from communication with land so that there is every reason to ask that telephonic enquiries, should be answered by the Observatory Officials. |

In the cs of a 4", when the police Kwai that the baly damage he had wuf. for the purpose of giving advice to

arrived the hal». of heen taken off and

be included in the monthly Extract of The suggestion made that a note should

Meteorological Observations published in the Gazette of the lowest barometer read been carried out since last November. ings and the highest wind velocity has I am, dir,

Your obedient servant.

CLAUD SEVERN,

Comnial Secretary

Hongkong General Chamber of

Commerce, Hongkong

Father Froe's reply was that he would willingly co-operate in the exchange of warnings.

FURTHER LETTER FROM THE CHAMBER

The following is an extract from the Chamber's last letter to the Government

Mr. Claxton has expressed his dis agreement with the suggestion of the Chamber that, when a typhoon is expect ed; an Observatory Official should attendi at the Harbour Office or the Post Office

marinera. It is the more important, the furnits.ngs on the first floor fered was the cost of covering up the, therefore, that information should be on the subject, dated the 7th May:-

opening to keep the weather out to the readily available to mariners by tele- end of the month; or in the alternative phone. Brusque treatment, such as in- dicated in the complaint referred to, is the cost of getting the tenant acrominexplicable in view of the fact that the modation for the remaining five days. telephone Company has a standing in- He mentioned that $30 bad been paid struction to limit telephonic communica- tion with the Observatory to Masters-pf info Courtja sum which was ample.

yeasels when typhoon signals are up..

had been

Moler. T "As for

the street or else choked with debris, for tenant, add ed Mr. Bu z

s been living under mehrgondii Tuce can hardly con. Kerive how

sting, With such deliberate mala de conduct as 'this, it impossible to ask for small damages, But we have to confine ourselves to $1,000, unless my friend agrees to give is Lordship entered judgment for the Ms more.

plaintiff Cheung Kwai in the sum of $50, each party to pay its own costs.

Mr. Rass expressed willingness to accept this andunt in the case of Cheung, Kwai.

Continuing. Me. Ruas anid he believed that in the cases of other tenants the. Mr. Davidson went on to describe the workmen were on the premises hot had ekdim of the ground floor tenant as list int sausmenced operations. The scaffold as fantastic as that of Cheung Kwai, ing had since been taken down.

saying that the plaintif should have goue **This is a case of a pure ramp to get up to the roof and repaired it himself ver the Rents Ordinance," continued and chin the cost of repairs later, from Mr. Rass, "pulling down five-year-old † the landlord. He was not entitled to even houses and erecting new ones: Last 350 damage because he had not done this; night (when it rained very heavily) expect the tenant on the ground floor was practically drowned.".

Mr. Huss said the tenant on the first floor was claiming 200 damage to furai- ture and clothing; $300 for board and dodging $30 for coolie hire and for car pruters work, and 250 for medical ихрапкеч

5, he thought, was ample and sufficient, Mr. Ruse pointed out that if the plain tiff had gone up to the roof to repair it he would have been trespassing.

His Lordship reserved judgment so far as the ground floor tenant was concerned. THE LANDLORDS SUES THE

-

EXCHANGE OF STORM WARNINGS WITH-

ZIKAWEL

I have the honour to acknowledge re- ceipt of the Government's letters, Nos. 2512/1923 and No. 1 in 10110/1906, dated 25th March, in reply to the Chamber's letter of 24th September, 1923. g

I am directed to thank the Goverment for the information that the staff at the

·Royal Observatory is ready at all times' to answer enquiries on tho telephone from mästers ̋of versels as to probable weather At the meeting on September 4th, you, conditions. It is noted that unneces Sir, also invited an enquiry on this sub-ary telephoning is deprecated, hat the jeet. The information which the Cham Chamber considers that any inconveni ber realy has from the Director of the ence caused thereby would be avoided, Royal Observatory is as follows:- and mariners be greatly helped, if a

Observatory atheinl attended at a ventral place as do the oficials of Zikuwet, Jur ing typhoon weather-to advise uptain... in fuller detail than is possible in gen eral weather report. The Chamber asks the Goverumcat to consider the practic ability of arranging for an Observatory official to attend at the Harbour Office or the Post Office for this purpose

"No storm warnings are received from Shanghai by this Observatory, After a. and 5 p. Shanghai broadleasts, warnings which may perhaps he picked up by Cape D'Aguilar (Mr. Claxton's notes dated 10.11.2), "Exchange of storm warpings with Zikawei. This suggestion should be made through diplomatic channels (Para. 6 of Mr. Claxton's notes dnted 20.3.93).

In the report of Mr. Claxton's discus sion with the Chamber on February 3rd, 1923 (page 25), appears this passage---

"On (0) Exchange of Sturm warnings with Zikawei, Mr. Olaxton suggested that the Chamber should write to the Government and asked them to take the

The announcement that the Govern tient has arrangel for an exchange of etorin warnings between Zikawei and the Hongkong Olaervatory, a received with great satisfaction. An assurance Lige ing of the position and direction of a Bought, however, that the Zikawei find- typhoon will be broadcasted with the Hongkong Ending. Lasters of vessels consider that this would be of great assist ance, ne the two reports could be cou sidered by them in relation to the weather _conditions in their immediate vicinity. The Chamber trusts that the Government

andlords, Tang Kang Fe and Wong Tazer, Claxton: We do." another case was opened in which the Mr. Edkins: You exchange with will give defnite instructions for the broadcasting of Zikawei observationsTM and for the inclusion of the last weather re- Law (defendants in the above case) sued Shipping interesta here attach consider port received from Zikawer in the Hong- seven tenants, including the two plain able value to Zikawei warnings and would long morning and evening reports, dur proceeded to deal with the circumstances "tiffs in the above case, for possession and greatly appreciate having the latest, one ing the typhoon season.

J. Davidson objected to this stato. nient, pointing out that specific danages were not claimed.

Mr. Russ did not argue the point, but

if the cast when Mr. Davidson intér rupted, saying his friend had said he was

cute, and yet and possession. He

TENANTS:

matter up

The Hon. Mr. Parr: These gignals are not exchanged at presenti

At the conclusion of the above" ease. Mr. Claxton: No.

izine profits.

Manila 1

In view of the possibility of atmos pherica interfering with wireless during change of repor considered that the ex

reports between two Obel servatories should be made by cable as well as by wireless.

could not have it, both ways..

Bir. Russ: I was using the term ejected u the common sense of being kicked | which was given in Docenifier of last year, to take to bring about the closest will be taken of making similar arrange

Mr. Davidson, for the Sandlords, said the only contention between the parties was whether the amended Rents Orui ace of March, 1924, made the notice had

When the Court rose Mr. Davidson and not lost my tenaney but I have lost a barely commenced his argament, and the comfortable house.

case was adjourned."

down stairs or into the street. 'I have

"LIABILITY":

ADMITTED.

Continuing. Me I 13 "said the cluim so that Court must be imited to $1,000 which was morally paltry damages in this case. If only paltry damages could be obtained and no injunction the landlords all over the Colony would be sending agents round pulling down houses, pay ing a little money into Court..

The ground floor tenant gave evidence bearing out the story outlined by Mr. Burus

Mr. Russ: Did you sleep last nightt The witness; I did not sleep at t Have you any family -Yes, When the water comes in does it ip- prove your health i—No, when the rain comes down all night my body is wet all bight.

Have you suffered in temper and Herves(No answer).."

Which would you rather that this had "never happened or get $2,000 compensa

tion? would rather that this had never hoppened than have $2,000,

COOLIE PICKPOCKET

issued broadcasted regularly with the Hongkong Tramings. It is to be presum ed, alan, that Zikawei observatious would be of great value to the Director of the Observatory in drawing up his reports, and the Chamber would welcome any steps which the Government may be able operation between the twg Observatories. Coordination of Observatories through ant the Far East is highly desirable and my Committee considers that, as between Shanghai and Hongkong, should be readily attainable.,

** GAZETTE*' SUMMARY OF METEOROLOGICAL OBSERVATIONS.

It is hoped that an carly optiortunity menta with the Manila Observatory. "For its part, the Chamber is addressing a vir cular letter to shipping companies arging that the masters of all ships fitted with wireless bo instructed to communiente weather reports regularly to the "Obser vatory. With regular, interchange of reports between Hongkong, Zikawei, 1 bag recently been brought to the Manila, and ships at sen, it is believed notice of the Chamber that the form in furnishing satisfactory weather forecaste that the admittedly difficult task of which the Extract of Meterological Ob servations made at the Royal Observa will be materially lightened and shipping or as published in the Government and other interests greatly benefited. Gastite does not bring out clearly the sen, third ongineer of the as. Il est Cer.sbaqnual barometrical readings and great mono, with stealing 419. 4

SENTENCED. RICKSHA RIDE SEQUEL.

A ricksha "coolic was charged at the Magistracy this morning by T. O. Gunder

A CURIOUS WILL CASE.

20.50 is and the wind velocity 4.2

.p.h., whereas the lowest barograph APPLICATION FOR PROBATE TO reading at the Observatory is stated to

BE REVOKED. be 28.86 in., and the highest squall velo city 130 mp. if the entries noted are

wind velocity which accompany typhoons. Gondersen's evidence was that he eple, shows the barometer reading to be

The entry for August 18th last, for exam

gaged a ricksha early in the morning for a ride. He admitted that he had had some drinks. After some time, the coolie took him to an unnumbered house at Douglas Lane. Conderan got out of the averages, and not ruxxima or minima, jit A case in which * son applied for ricksha Lud started to go up the stairs is suggesterf that an explanatory note at probate of a will, granted to his whereupon the defendant, who had for the foot of the table recording the lowest mother, to be revoked came before Br. lowed him all the time by running along harometer zuja iga and the highest wind Justice Compertz at the Supreme Court side the ricksha, deftly put a band into velocities of the typhoons of the month yesterday, Applicant, Kwen Ping Kau, his trousers, pocket and extracted the would be useful for purposes of record was represented by Mr. N. 1. Brewor money. Defendant halted, but was inter. Insurance Companies, particularly, would and made his application on the ground

upted by a detective,

value an official record of typhoons in that the will was forged› Respondent, regnest of which they may be paying Kan Lau Ehf, was not represented and claims for damage,

on the application of Mr Brewer the The Chamber would welcoms the comcase was adjourned a week to consider

New UTEKANAN DE via subject, i the questiud ka PIOLLAKUTI

The Magistrate (Mr. R. Lindsell) sonitenced the defendant to six months lard labour.

Defendant protested innocence.

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