1924-06-14 — Page 5

Page

WORK AMONGST SAILORS

AT HONGKONG.

ADDRESS BY THE REV.

WALDEGRAVE

T.

The Rev. A. T. Waldegrave, Vissions

to Segmen Chaplain at Hongkong, was

of the Society held at the Church House,

RENT LAW.

THE HONGKONG DAILY PRESS, SATURDAY, JUNE

WHAT THE SOLICITORS HAVE BEEN WAITING FOR IMPORTANT SUMMARY COURT RULINGS.

14TH, 1924

JUNK EXPLOSION ENQUIRY. NEMAZEE STEAMER ASHORE. 8.S. SEISTAN”, STRANDED NEAR

JURY'S FINDING.

RONGKONG.

NO IMMEDIATE DANGER.

Word was received in Hongkong

NEGLIGENCE IN STORING. The enquiry into the circumstances attending the deaths of Chung So Tai and Ng Yeung as the result of an ex-yesterday morning that the xa. Spistan,

For some little time past there has one of the speakers at the annual meetiDF | Lech, much speculation in locsi soheitäre ( plosión on a junk off the praya nt shuni belonging to Mr. 11. M. H. Nemazee, olives as to what Mr. Justice Dyer Balls Shui Po on March 13th last, was con- had gons nshore on Hongkong Chay, one Lomion. He said that when be reaches ruling would be regarding a certain base cluded before Mr.-E. W. Hamilton and of the Sa Man group of Islands, between i

old shellhacks"

Hongkong in 1910 he found the finances in a sound position. They had a splen- did tastitate due to the work of the laty beloved Wes. J. 11. Fraurs of whom the in Hongkong spoke with real affection and respect, also with respect anil love et Mr. Goldsmith. He was benefitting by their tremenilous work, by the apathy they, bai evoked, and as a result of which the Institute was built largely owing to the generosity of the late Sir Harmusjee Mody, who gave 30,000 dollars towards the building The found no launch there because the te hat had to be sehf, hit within auth they Had a new one known as the Dagspring, one of the best known launches in the Far "Eust because she

went out to all the ships. The Missions to Seamen did not wait for the men to womir ashore hat went out to meet then in their ships and brought them to land aid what they could for them. In

estion with the social work" of the Missions to Seamen, Mr. Waldegrave said those who had been to Hongkong knew how splendid their bathing picnics were, Fancy working in a hot stifling hole and

• 1715

-

of the len Rents Ordinance. The point at issue in several recent claims for

a jury at the Kowinon Magistracy 'ges terday

It may be remembered that bags of chemicals were being tailed from a go- down into the junk. when an explosion occurred suddenly on the latter.

J

sassion for the purpose of re-building was whether or not the motives served on the tenants have been framed in

Before His Worship summed up. Mr. accordance with the requirements of the Ordinance. The paint has been argued Leo Almid, who had been watching at great bugth over many days and over the case on behalf of the Kwong Wah many cases. For the tenant it has beening Company, owners of the "gudowe, contended that the exact, nature of the asked leave to address the jury on a tow proposed reconstruction to be enrried out points... should be stated otherwise the notice invalid. For the landlord it has been submitted that the words "pulling down and reconstructing were sufficient to make it a good notice.

Yesterday afternoon Mr. Fustice Dyer Ball gave a decision on the point. The case was one in which the landlord sued for possession of 48, Shanghai Street

Ilis Lordship said the point in the case for decision was whether the notice to quit was valid and if it entitled the

lord to an order for possession There were two points in the case upon which he had some doubt:

(1) The question of the notice, it being "current notice" (i.... not expired when the Rents Ordinance, 1991, came into operation), und

exact nature

(2) The question of the of reconstruction.

His Lordship was of the opinion that the notice was valid in these two TT-

here and Gap Hoek. Diretly the news was received by the owners the Kowlo Dyck tug Henry Elariei, was despatched despatched to the seene of the stranding. This was at 9:30 am.

•

ILS

Up to yesterday at noon the owners had received very little information to the vessel, apart from the fact that she was ashore and that he Nu) and 2 holds were "salty." At the time our representative called, the impression was that the damage was caly slight.

Air. Hamilton assenting, Mr. d'Almada At the Harbour Office a message was in his address submitted that as soon as received from the blaster of the vessel the chlorate of potassium left the (Captain. Thomas) stating that the down of the Kwong Wah Hing Company Seiten was ashore on Hongkong Chan. the responsibility of that firm ceased.

The message farther stated that ther There was, he added, no regulation, intere 68 es passengers on board aut a Hongkong to the effect that sulphur and live stock cargo consisting of su hillocks and 190 Figs. Leaking in Nos. 1 and chlorate of potassium must not be kept together in the same godown. He main

at present. No imediate, danger." tained that on the evidence the jure helds. No. 1 hold, seven feet of wätze At the time of the stranding the 5.5. could not find a verdict of negligence against any person whatever.

His Worship, in summing up, said that Sristan' was nearing the completion of the general trend of the evidence seemed her voyage from Singapore, i Heikow, in his mind to point to the same thing to Hongkong. As there had been, heavy namely that the fire started on the wharf..

rain during a right it is sarmised that The mixture of sulphur and potassium the vessel went ashore during fog, proo chloente undoubtedly caused the explorably between 6 and 7am. sion. With regard to the question of

The s

mas formerly the 9.5. Innamineva she ma huilt in 1999 and responsibility, they had heard a very able speech from Mr. d'Almada, but her toune gross and teamets, d'Almada had, of course, addressed them her lengt by wo feet. The fact that from one point of view.

Late afternoon we were in" there was no definite regulation against formed r. Nenasce's blice that ne the keeping of sulphur and chlorate of potassium is the same godown did not further news ocen receiving concern, appear to His Worship to be of any greating the s, Sidan. The Back Compaay results of their salvage investigations, importance. He invited the jury to End had promised to inform them as to the

but so far nothing had come to hand their verdict.

RAVO

The foreman (3r. K. M. Fetterly) the jury's finding as follows:-

"We find that the deaths of Chung Se Tai and Ng Yeung were caused by an explosion of chlorate of potassium

LAUNCH PIRATED.

then a lannel went alongside and took them off for two or three or more. hours to some lovely lay where they could go over the side.and perhaps ride on a surf Iard; and then to return to the ship in the evening refreshed outwardly and as to the inner man. The loneliness of the seamen's life was, he was perfectly certain, the greatest difficulty with which spects. Regarding "current notices" be ahey hail to contend. A man went to a had already, delivered a written judgment place where vive abounds not because he on thic point, showing that he was pre- wanted to, not perhaps because he was looking for it, but, heenuse he wanted pared to hold that "current notices " sonucurie to talk to. ile wanted to know of this type were not invalidated by the sume ducent person, to get into touch 1921 Ordinañed Regarding reconstruc-combined with sulphur and saltpetre in

A WEST RIVER CAPTURE with some decent lady it was not men struction he was satisfied that, when the lighter which had loaded these com- hubwinnenfolk that the men wanted to

A steain launch, Cher fin, firing the wort. They got a little

with intention of the lessor was to pull down modities on March 13th last."

Two riders were added:-

British flag. has been pirated on the the men on board ship no matter what the whole house, and build another one. "(a.) That the explosion would have West River, according to information to good friends they weret and when they

ne shore after a long trip they liked vu the site, it was sufficicut for the lesser been avoided had either the vendors or hand from Kongmoon. The launch was the buyers taken the precaution to ascer engaged in towing two lighters manned to talk to someone of the other sex. to say in his notice that he intended to

thin the cature of the commodities in with 2 coolies who were to load firewood That was why the tensis parties and the pull down and reconstruct. Pull down which they were truding, and exercised at Wushow for Hongkong. Shortly after alber social gatherings they arranged were of such tremendous influence. They and reconstruct" in the ordinary sense the proper care such knowledge would leaving Sui Nam on her way up the river Near Sai were held in people's private homes, and of the words would seem to wean Com-have prompted. That this procaation she was followed by two small boats,

was not takes, and the fact that the go-ench manner by four men. titat was what counted.

pletely pulling down and re-building.”

down used for storing was not licensed Ma Ling one of these small boats came He would never forget the splendid

The other smeli. lead given by Bishop and Mrs, Landerride that there was information as for the storage of chlorate of potassium alongside and commenced Grieg aut during his first Christus in Hongkong well in the notice that the proposed work manifests negligence on the part of the maties into the air.

bout closed with the launch at eight They searehol when he hardly knew muyune, It was would make a new building. The exnet vendors and also of the buyers.

(h) The Jury recommends that im pirates cuae on board.

to stern and! not easy to work up a party of friends to nature of reconstruction did not, in his mediate effect be given to a regulation the launch from stens come on Christmas night to entertain the Lordship's opinion, mean more than an prohibiting the import, export, storage, Enally. left with plumler valued" at be-) sailors. Just after dinner a large party

or transport of chlorate of potassiumtween 800 and $30. The coxswain nal of people tromped into the Wall. Bishop

barrels or other protection equally by the pirates, whole of their house part from their

On arriving at Sammi a report was Christmas dinner to lead a band with the taken. If it was a complete. pulling down effeiezt., prohibiting the storage of

chlorate of potassium in the same go made to the Chinese authorities anul two. Ears at the fostitute. [ have never und re-building it seemed to him all the down with powdered commodities of any of the crew were despatched to Hous forgotten that and I know what a tremen- lesser need say was that he was pulling description or fqiuids or solids of an kong to inform the owners. The is this dous encouragement it was and how often the men spoke of it with real grate down and re-building, as that was the inflammable nature, prohibiting the sound occasion recently that the Chen

storage of chlorate of potassium, within has been attacked by pirates. fulness. It is often said that seamen do normal interpretation of the words.

dangerous distance of dwelling houses, April 30th she was boarded by u gang not want to go to Church. They do and

The object of the Legislature in pro-ard making it compulsory to obtain on the West River and command ered. what is more they love the old services, These men have the seed of religion in riding in Ordinance No. 25 of 1921 that permit from the proper authority for the the pirates using the launch to pirate a

junk the lanach was released their lives which wants the opportunity the lessor must inform the tenant of the transfer of chlorate of potassium from passenger junk. After the pirney of the

place to place within the Colony." for growth." We were called upon to exact Enture of the reconstruction, was give it that opportunity by seeing that doubtless to enable the tenant to decide the men have the right influence when abroad.

whether the work done would make the building a new building The tenant was entitled to this information appareatly in order that he should know whether to dispute the landlord's claim for posses-

accurate description of the farm of re-

and Mrs. Lander: had roht down the construction which was going to be underexcept in bats contained within casks or the compradore were also taken away

THE YEAR'S WORK AT HONGKONG. The annual report of the Society in comumenting upon the past year's work at Ilongkong, says :---

The past year has been marked by various items of considerable interest and importance as far as the work of the Mis- sions to Seanen in Hongkong is con cerned." At the beginning of the year the old, Seamen's Institute in Kowloon was re-opened, after being closed as such for suthe twelve years, This re-opening re- quired an Assistant Chaplain for the work. and an appeal for funds for this purpose resulted in, the manificent gift of $50,000 by Sir C. P. Chater, C.M.G. The Rev. N. A Peel was appointed to the past..

sion or not.. If it was the lessor's inten- tion unly to demolished a portion of his house and re-new that portion only, then

His Worship said he would see that the jury riders were forwarded to the proper quarter, and thanked them for their close attention to what had been a' long but very important enquiry.

ANOTHER POSSESSION CASE JUDGMENT.

A LANDLORD'S COMMON LAW

RIGHTS.

bo should state exactly the kind of re His Lordship then proceeded to de- construction he contemplated for the pur-liver a judgcient en another claim for pose of enaiding the tenant to see whether possession relating to No. 2, Wing Lok the proposal would make the building a Street. This was a case in which the tenant brought a counter-claim for alleged new building.

trespass on the part of the landlord

Taking the claim for possession first, his Lordship, said he had already decided in an earlier judgment that the current notice," which the landlord, gave, was nance of 1924.

The other point in the case was whe

+

On

U.S. FLIER'S MISHAP. LIEUT. SMITH FORCED TO COME

DOWN..

Bad Fortune ha befallen Lieut.. Lowell H. Smith, the leader of the party of S. airmen who are flying round the world..

While engaged on the flight between Haiphong and Tourase, the aviator was forced to come down owing to engine trouble. He is at prescut awaiting the

new engine from Saigon. arrival of

The other two machines, one piloted by

Lieut. Leigh Wade and the other by Lieut. Nelson, reached Tourans success- fully, and are remaining there until their leader joins them.

The spot where Lieut. Smith landed

and Tourane.

Referring to the written judgment of Mr. Justice Gecmpertz which seemed to support this view, Mr. Justice Dyer Ball Baid the landlord in that case stated that he was completely pulling down and re- The Institutes were in as much use a building but it was proved that he was not invalidated by the amending Ordi. is reported to be quidway between Hue | over, taking into consideration the pro- longed absence of the ships of the China Ruing to leave the party walls standing and Mr. Justice: Gompertz held that he Squadron, largely owing to the Japanese had not sufficiently stated the exact ther the exact guture of reconstruction was received 'in n' cable by Mr. "J. A nature of the reconstruction in that he was sufficiently set out. He was satisfied had not mentioned the party walls which this was so and thought plaintiff was were going to be left standing. That entitled to succeed. He entered judg was a case of partial reconstruction and ment for him with costs, and payment of the lessor should have stated that the rents, and made an order for possession On the elaini for damages by the tea Party walls were to be left standing; in-

ante his Lordship remarked that he had stead of which he stated that he was completely pulling dows and reconstruel had an opportunity of inspecting the house and he had found that what was

apo.

earthquake. The type of seaman of every Tank now at sea in the British Mercantile Marino is far advanced in every-respect, is compared with the type of a few years The Social work has been proceeding A in past years, the Ludies Entertain ment Committee arranging tennis partics The 1811l bathing and AtHomes. parties and expeditions were again most in popular when the weather made it po sible for theo to be held. The Dering has proved, herself as invaluable as ever, Her work only being curtailed at times by bad weather. We again have to re cord with gratitude free refits given to the little vessel by the two big British shipyards here.

Grateful thanks are due to Mr. and Mra L. Forster, who have again render ed great assistance with the work gener- ally and to the Rev. J. T. Holman, re- eatly Assistant Chaplain at the Cathe dral, who, after his own Sunday duties were over, gave valuable, help at the In stitute. Many have helped in divers winners to give good cheer to the men and boys of the sea, and looking back an the year, tras gratitude to Almighty God la felt for the great blessings He has sent, and for the protection which He has Kiven in many and great dangoTS.

The news of the U.S. aviator's mishap shitw, of the Standard Oil Company, yesterday morning.

arresia.

BATTLE OF THE BAMBOOS. BIG COOLIE CANG EIGHT, There was a big coolie.sezzp" near In the present case from an inspection said to be scaffolding was not so. Cer Water Street on Thursday in which some of the plan, bis Lordship found that the tain scaffolding poles bad been placed 440 curge coolies uarticipated. Bamboo lessor's intention was to pull down en-

in front of the shop hat had been re- poles were freely used. The timely ar tirely and rebuild on the same site and moved and stackel alongside the house. rival of the police pat a stop to the out- he thought the wording of his notice was This partly atracted a doorway there. break and they succeeded in making a sufficient. He held, therefore, that his The sole question for decision was whe- number

ther the action amounted to a trespass. Four of the arrested men appeared potice was valid in that respect.

After dealing with further points of It was the law that the slightest cross-before Mr. R. E. Linduell, at the Magin argument regarling Section 22, his Lording of the boundary was a trespass. The tracy yesterday morning, on a charge of ship held that the plaintiff had complied landlord had contended that no landlord-creating a disturbance, and it was stated with this section and in view of this he would be trespassing in putting up scaf-that all four were seen to take a very as- was of the opinion that the notice was folding for the purpose of "painting a tive part. The third accused the fiercest good in, other respects. He would there house. The authorities opposed this view of them all. He had a bamboo pole, ona fore enter judgment for the lessor with A landlord had no common law right to end of which was clotted with blood, enter the premises for any purpose what where it had come into contact with the costs and an order for possession.

On the application of Mr. Prior a stay ever. Is therefore held that there had fourth accused's headerred to the fre

The Magistrate of execution for 14 days, pending the been trespass but as the tenant had decision in an appeal on a similar case suffered no material injury thereby he queney with which these gang-fights regarding current notices was granted, could only give him nominal damages were taking place, and imposed fines of

Mr. C. C. Woo appeared for the plain-310 and costa,

$10 each, at the same time binding all A stay of execution was also granted four men together in a surety of $100 tiff and Mr. Prior for the defendant.

to keep the punce for a year.

(enfinued on next column.)

in this case.

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