1924-06-17 — Page 5

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TENANTS APPEAL AGAINST BENTS ORDINANCE DECISION

WRONG JUDGMENT CLAIMED.

THE QUESTION OF NOTICE TO QUIT.

THE HONGKONG DAILY PRESS, TUESDAY, JUNE 17TH, 1924

THE "UNIVERSITY OF HONGKONG.

CONGREGATION „FOR THE CON

FERRING OF DEGREES.

THE "TAI LEE'S" PIRACY/ REGULATIONS BOND. CROWS SEEKS FORFEITURE OF

$5,000

Echoes of the tragic piracy of the sac Tai Led on January 20th last were heard cho small guart at the Central Magis tracy, yesterday.

A fourt of Appeal, comprising of the

The fifteenth congregation of the acting Chief Justice (35e. Justice Gom University of Hongkong was held in the (pertz) and the acting Puisne Julge (Mr. | Great Hall of the University yesterday Justive Uyer Hall), sat 'yesterday' for afternoon, when His Excellency the the purpose of hearing au appeat against Governor (Sir R. E. Stablis,, K. C.M.G, ), the written judgment of Mr. Justice in bis, capacity

as Chancellor of the Gipperts delivered in May last, which | Païversity, conferred a manber of deaf 33,000 secured in a band under the was in favour of the landlords in a claim greesupion-grarinares presenteil from the for possession, frua a number of tenants Faculties of Medicine. Engineering and

ia First Street,

Arts.

|

the

The Captain Superintendent of Police, acting on behalf of the Crown, sainmned the Sze Yap Steamship Company, owners of the vessel, to show cause why the Magistrate should not order that the sum

Prevention of Piracy Aut, 1914, in res

ext of the Tar fer be forefited.

+

CANTON NEWS.

CHINESE

WORTHY ENTÈRPRISES,

CORRESPONDENT.}

The ton cumunity is not indiffers ent to worthy enterprbes When the Young Men's Christmn Aouation thers called for 1-300 nenibers and $15.000 recently, the citizens respondet with more than 2,000 members and nearly 4000

Some public-spirited

citizens of

of Canton are han-

that a public library will be erected in that eity in the form of a memorial

the late Dr. Wu Tang fang, the wed known Chinese diplomat who was a native of Canton, and was tied Governor of Kwangtung, when he died sotte-two yours A movement "is on foest to patie $130,000 for this purpose.

BRIDES AND CHAIR SOULJEN. There had been no more embarrassing Mr. T M. Hazlerigg, Acting Crowin Solicitor, prosecuted, and Mr. Leuba certain Enaionese gets than ine recent chair coole strikey in that etty. d'Almada appeared for the defence

Mr. Hazlerigg, opening his oase, sub to be welcomes to their future Hones

It is still the cukiom in Cautöngtor trates mitted that the company had contraven

nct, in that

Mr. C. D. Melbourne sit to hear the application.

11

The ease. was one in which "Messrs.

The Congregation was of short dira. Young Chik fook and Ho Shingyi, own- tion, the proceedings in the Great Hali ers of a row of houses in First Street, Jasting not more than fifteen minutes sought to obtain possession of cleven | Prior to the ceremony, which was carried Ehts-out" a total of 25. Fourteen of through with its usual impressive dignity.ed three of the regulations under the grous wedding processions and in the corted dan chairs, enrried by four the tenants, who were arved with tea was served in the University refoc

ght. or

welve coolles as their social (a) T. Fletcher, J. Dywer, and Joseph motives, best, but the remaining it refused tory, „Promptly at

wealth may a pim., the pro- Lewis, certicated officers on board the

may, permit. Early in the propeletups alny Tast Te Ler, did not every a revolver alasticles and chairs for wedding and other Turnishing to give up possession on a point of law. cession, comprising members of

25 rounds of ammunition rich while the res "The notice is quit was served in Detpher Court, the Council, the Senate and. Staff ship was in the danger zone.

14rccessigns we

webt cr strike agaisnt an kitringat ni

of the loverment to further tax fast, expiring three months' later, on the | of the University, enterod the Great Hali (b) The grille over the hatchway lead then and the col rats to cares grxual that the landlord desireă to päll änd took their seats on the platform.ng from the bridge deck to the engine any more chairs unless the muntelys room was not kept locked while the ship authorities wonb! schp assessing a te down and reconstruct the premises. The subsequent ceremony of the TEL.

was in the danger zonë, and,

20 cents, annually from overy vuole, for was "Plainwed for the tenants when the ferring of degrees was witnessed by a

registration.. a ting many Cautopre anse was beard before Mr. Justier Gom large number of students, their relatives

avail-brides had to walk from her parents" to pertz that they went into dretpåtion on and friends as well as by a number of

her husband's bune at as many woad think, her supreme woment. This d'al nat alifferrut, days but the notice to quit in well-known local residents, European and

happen long, however, Tuc Calitun Lloy every rase expired on the same day and

Chinese

verument finally decided to withdraw the it was submitted that this was wrong and

the chair order taxing the procession furnisher, and spolies They Cantonese giris that aparate neticos expiring at the end

had still

further to shank the Something of the period of tenäney should" "have"

Government The propostas, un Jer served in each "ense.

cosmetics in other foruts than import duty and license sales was a withdrawn ou May 27th, when a general strike to pois everal obnoxious taxes was to have coni- mened, had not the authorities concerned drawn the measures on the eve of the gigastic prote

On that evasion Mr. H: C Macnamara spynered for the landlords and MY, C. A.

ass for the tenants. The case was que in which, the interesting point was mised as to whether a member of the staff of the S.C,A, could be called apen to give evince.

Mr. Justice Gompertz, reserved judg ment in the case anal later delivered" a lengthy written judgment on the points

at isak,

The cepans for appeal from that judy; ment are that the judgment was wrong in two resprets: (1) in holding that the three months' notice to quit could expire at any date; and (2) that the Ordinance of 1921, which refers to the date of the judgment or order, applies to expired notices 'whom the writ has not buen issued until after the date on which the Ordimiters was passed.

APPEAL JUDGE'S JUDGMENT.

The Hon. Mr. C. G. Alabaster, K.Ü.. instructed by Mr. C. A.-S. Rurs, appear. ed for the appellants, and år. Eldon Pattor, K., instructed by Mr. H. C. Manamaru appeared for the landlords (the respondents).

Counsel for the appellants briefly re- ferred to the notices to quit served" an the tenants by M. W. L. Weaser of October 25th last stating that the terauts were requireil to give up their tenancies. “St the expiration of three. calendar months for the purpose of pulle ing down and revonatriețión, It พม admitted by Mr. Mnenazera that the „notices did not expire at the end of the i pecials of the temacies and Conusel sule- mitted that for this reason they were: ineffectual

Counsel proceeded to read extracts from his Lordship's written" judgment and to quote a number of home cairt decisions in support of bis contention. He further submitted that a weekly or a mouthis tenancy (as in the present (use) was just as absolute and binding as a quarterly or a yearly tenancy where the notice to quit had to expire at the end of the period of tenancy,

Counsel went on to say that the Ordi nunee was restrospective as regards, cur- rent notices and contended that it had always been so right froin its inception

in 1021.

ז',

The order of the procession was Callows-

►

His Excellency The "Chancellor, The Maze-Bearer.

(c) Thats Vereg lights, rockets, arms and ammunition, were not readily uble for immediate se, in accordanto

with the Art,

The Verey lights and pistols, said Mr. Hazlerigg, were always kept in a box, ister on, whether he was on duty pr nut. the key being always on the Captain's The arms were kept in the Captain's cabin, and again the key was always in the latter's passession. 17. His Worship found one of the breaches proved, Mr. Hazlerigg contended, the band of the firm should be forfeited The latter expressly stipulateil that the shipowners would be responsible for any breaches of the regulations committed by the masters Fof ships or their subordinates.

The Vice-Chancellor and the Acting

Treasfeer.

The Dean, Faculty of Medicine and the

Dean, Faculty of Engineering.-- The Dean, Faculty of Arts and Regis.

trar.

His Honour Mr. Justies Gompertz and

the Hon. Sir Cland Severi. Hon. Mr. J. H. Kemp and ́Hon. 'Mr.

D. W. Tratnum.

Hon. Mr. A. R. Wood and Hon. Mr.

11. 7. Creasy,

Hon. Mr. P. II. Holyoak and Hon, Mr.

H. D. C. Wolte

Hon. Mr. R. H. Kotewall and Hon.

Mr. Chao Sia. Ki.

Hon. Mr. C. G. Alabaster and· Dr.-J.

B. Addison.

l'earce.

Mr. D. G. M. Bernard and Mr. G. M.

Young.

Mr. S.,W. To and Mr. Ho Kwong. Dr. R. M. Gibson and Mr. H. B. I.

Dowbiggin.

teate.

THE KW/NGTUNG UNIVERSITY.

31r.

The first regular year of the recenti CHIEF OFFICER'A· STORY.

formed Kwangtung La-versity in Can Mr. T. Fletcher was then called. ton will begin next September (1924), Witness said he was a merchant ship- when cours for art, selenor, law, agri- ping offer and held a master's certi-culture, and engineering will be offered On January 20th last he was Applications for admiston to these courses chief officer of the Tại Lee. The ship shall be filed before August 15th, accord- left Hongkong at about, 7 pm and ing to a recent announcement of the reached Wongmoon at about 11 p.m. the enterity. This institution is bring or same day. She left there for Konymoon | Banized out "of the former high normal about half an hour later, proceeding by chooi, law school, and agricultural school the usual route. Captain Willox was in Cantog, Dr. Sun Yat-sen has appoin Mr. G. N. Orne and Rev. T. When on duty, Witness went on to the ted Mr. Chau Lu, M.P., sometime Com bridge at about 12.18 a.m., and relieved missioner of Finane of Kwangtung, as the Captain, though technically the latter president of the new university, was still on duty, as the time for relief Chau has been a student in Japan.

The income of the new university will was not until 1 Shortly after wit

the

Biking

of news went on the bridge, the piracy took depend on the proceeds from place. Withess left the bridge to look the Kowloon and the Lappa Chinese Mari for the Captain in his cabin, but he was through the restaurants in Canton and Customs, the meal lux bring collected not there. When the piracy occured, be

vicinity, the sandfold tax in several Can- was not armed. His revolver was in a

There to Desa districts, and special drawer in his cabin, locked, up.

tions from the provincial and strict were go printed pirney instructions on aver the ship. Rockets were kept on the governments. The course in arts, inc

grounds formers knowi

FL The Mewheelhouse. They were in a locked

Nomad School at

at on Ming Moon wooden box, of which Captain Willox had outside the onetime Small East Gate in the key. All the rifles, apart from those Canton, while the law students will be issura tu the guards, were in a steel hoxhound at Tien Koon Li and the agricul

Witness could tarul students in Shaho. in the Captain's room, unt say whether the box was locked or not. He was unable to get at the rockets because he could not. &id the Captain. The piracy took place about eleven miles From Wongmoon.

Mr. M. P. Tainti and Mr. S. L. Smith. Mr. Mok Kou Sanz and Mr. Pang

Ping Shan.

Prof. H. G. Earle and Prof. J. L. Shell

shear.

Proi, J. Anderson and Prof. I. Forster,

time

Dr. C. Forsyth and Dr. W. Y. M-bridge. on the starboard side of the ingneering will be offered in brilh

Kuchi

Dr. G. Harston and Dr. C. W.

Kenny

Dr. G. H. Thomas and Dr. F. L.

Min.

Rev. B. Shani and Mr. D. w.

Morley

"

Mr. A. II. Fenwick and Mr. C.

Kerton.

Dr. Dai Hei Chinad Ma Au Tai Tin. Dr. J. Fenton and Mr. A. S. Hett.

Mr. d'Almada: How long have you H.E the Chancellor declared the Con-hern in the Mercantile Marine 1-Even gregation open, and the following grad since I was 17 and I am now 50, that is, Bates were presented by the Deans of years the respective Faculties:-

FACULTY OF Mamierne. Eugene Lionel de Soaza, Mustapa Bin Osman, Sheik Abdool Majid Sepher, Ji Txao You (in absentia).

Answering Mr. Almada, witaess went on to say that he took his master's certi- Rente in 1994. He had five years' ex- perience of the China Coast. The Ta Ze was his first ship on the river trade") He id been on the Ter fer six months before the piracy accurred, and was dis- missed, when master, on the trip after it.

FACPETY OF ENGINEERING.Fan Tweb P. Khou Ghee Lee, Kwok Tak Kung Li Chung Ching, Liew Peng Kong, Lim Che Seang, Ng Sai Kum, Thong Keat Cheong. Wang Wei, Wu Han Ching, Wu King Mr. d'Almada Do you swear that be Ching. James Laurence Young Saye,fore you joined the Tai Lee, you were Mr. Alabaster. continuing, said: The Rock Chye (in absentin).

not told by the owners to observe the notice to quit must state, so that it enuid- FACULTY OF Aars-Chek Kia Song. be understood by the tenust, what sort Chung Wai-San, Ho Lian En, Lau Bang regulations- do swear it, most

decidedly. of a house was going to be built, or, if kui, Li Chi wa, Kuo Ching, Lo Wai When you went on board, did not. Capt. "it was a partial reconstruction, exactly Kwan. Ting Sies Choon, Wei Tat, Yik Wilfox, as master of the ship, give you what parth were to be built and how. Kai Cheung, Edward Ho Tung (in any instructions as to piracyNo. He Not only might the tenant.object to the absentia), Lim Khong Ngino (in ab gave me a revolver. That is all.. Court, but he might even petition Hissentin). Minoru One (in absentia), Tan Excellency the Governor in Council and Teik Cuan (in absentia).

Have you read the regulations since? No. Finve not been on a river boat say the landlord was using this amend

since, and I do not intend to go on one mint to pull down the house in order

again. to get out of the Ordinance. It was stipulated that the, landlord must state how he intended to re-construct; to murely state that he intended to pull

H. the Chancellor then declared the Congregation dosed.

The Ordinance, he said was complic down was insufficient. Un these grounds ated enough as it was but why attach to be submitted that the notice was invalid. it greater complications by bringing in.

Mr. Putter explained at the outset of common law as well?

his reply that the notice had not been put joan documentary evidence in the Court

'AN IMAGINARY CAME.

CANTON'S FIRST LABOUR GOVERNOR."

[BY OUR CHINESE CORRESPONDENT. |

Liao Chang Hoi, re-appointed Civil Governor in Canton by Dr. Sun Yat Sen may claim American citizenship if he so desired. He was born in San Francisco nearly 50 years ago, when his father was a merchant there. Liao's father was a native of Warchow, the same as General Chen Chiung-ming, the principal rival of Dr. Sun for power in Canton. Besides San Francisco, Governor Lina has spent a considerable time in Japan.

Governor Liao has held several import- ant officers in Canton under the Kuo- mintang regime. In 1912 and 1913-he was Commissioner of Finance of Kwang- tang, and in 1917, acting, Minister of Finance of the Military Government of Dr. Sun in Canton. He held a similar position under Fr-Sug in 1991 and was concurrently Commissioner of Finance of the proviner. In May, 1923, Governor- Liao presided over the Government House at Canton for the first time, succeeding General Hsu Shão Tseng. Ho

retired in the early part of 1924 in order, to help in reorganizing the Kuomintang. or Nationalist Party, of which he is still, the chief of the Labour Department. It was through the influence of Governor Liao that the first Labour 'conference in Do you still deny that Captain Willor South China was held in Canton, May did not well you to keep the revolver 1st to 8th, when some 100 delegates, re- on you at all times?—I do. 'I sup not presenting more than 300,000 working in the twelve largest cities in Say it because the poor man is dead, but men

am sorry to have to ask you, but tended. According to some Canton news no such instructions were given me. South China, including Hongkong, at- have you had any other job since you left papers, Kwangtung, or rather about 28 of the 6 districts in this province, has the Tat Leet-No.

the first Labour" Governor in Mr. Liao Chung Hoi.

The only available access from the engine mud boiler rooms to the bridge deck would in the engine room skylight companion -No. The stoke holy open ing was on the same deck as the bridge Were the rockets readily available The box was, but not the contents.

low. It had merely been mentioned in It had been suggested that the three that Court. He went on to say that when raonths' notice should have expired on the Amended Ordinance of 1921 was a day at the end of the period of tenancy. passed necount was undoubtedly taken There was no Statute saying that its of what was known as Chinese lunar must be done. The Legislature never monthly tenancies. A rent uumber of even thought of it, for the simple reasoni eases had come before both their Loni- that in that period of three months before ships and he thought that in every case the notice expired the end of the period the tennncy was a Cluese lunar monthly of tenaney had gone. For the sake of me. They all knew that Europeans had argument he would imagine a case 'in leases, but in the case of Chinese it was which a tenancy commenced on the first avariably a monthly tenancy and not of the month. The landlord at the even a calentar monthly tenancy. Thth of the "ninath. Hnd he to wait a Alabaster had told the Court that the fortnight before giving his three months it yet. Tights of the tenants must not be taken notice, or had he to give a three and a Oficers Guild No. nway. He echoed that Mr. Alabaster half months' notice. So that it expired had farther said the Ordinance was not at the end of the period of the tenancy t passed to affect contracts. So far as the In his opinion that was something the fandlord was concerned it very materially legislature never thought of and never affected his contrast, All it did was to intended to happen. give the tenant a longer ustice than that

In fact, you threatened to bring a tion against the company, but you have not brought it yet-I do not see thing that has anything to do with this case, I have been threatened with a broken. head many times but no one has broken Are you a members of the China Coast

THE SECOND ENGINEER

be possible to unlock the grille after a person had passed. It was quite pom- ble to unlock it to let the greater, Tass through, lock it after him, and unlock it again when he came back,

To answer to Mr. Almada, witnessi Mr. J. Lewis, 2nd Engineer of the said he did not know the piracy regula- Tui Lee on January 20th, in answer totions. Capt. Willox gare him a revolver, Mr. Hazlerigg, said he was on board when but did not give him any instructione in What was the three mouths' notice to the vessel left Hongkong on that date- doing so. When witness went on duty, to which he was formerly entitled. It put an end to asked Mr. Potter. CounHe relieved the Chief Engineer at mid-be went every time by the entrance from gave Chinese tonauts groter protection sel for the other side had said it was tonight. He was in the engine room when the bridge deck. If the opening were and something, they could never get at end a statutory tenancy. If there was the firney took place. Six of the pirates locked, it would not be possible to get common law. He agreed with Mr. no statutory tenancy until the contract came into the cogine-soom from the on to the bridge deck from the engine- Alaluster when he very properly, stated between the parties, bad been terminated bridge deck through the skylight. There reom. that the Ordinance was to help the ton he, supposed that frat the contrnét must was an overhead grille to that entrance Mr. d'Almada, outlining the defence, ant. It came to this, that the landlord he ended by a common law notice and which could be scenred with a padlock said that he would show that his clients could get possession of his own property when that came to an end the landlord It was not locked." The grille was always had done all that was humanly possible only by giving the tenant more than he would have to give a three months kept unlocked to allow the greaser to to cry out the thres regulations which could ever get at common law, hamisiyentice to put an end to the statutory attend to the steering engine on the formed the subject of the charge. three month notice,

tenndey thus created..

bridge deck every half hour. It would

At this point. He Worship adjourned (Continued at foot of next column). the case until this afternoon.

(Continued ut foot of next column), The case will be continued this morning

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