1933-09-21 — Page 11

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HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 21, 1933.

CASANOVA DANCING

INSTITUTE

Conviction For Disturbing A Neighbour Upheld

Supreme Court yesterday, pears from its preamble, though, the Acting Chief Justice, Mr. J. R. the terms of the section itself are Wood, delivered judgment in the wide, was passed to suppress the appeal of the Casanova Dancingnuisance of noise made by private Iristitute against a conviction by watchmen and for that oblect Mr. H. R. Butters, the Kowloon alone. Magistrate, for causing a noise calculated to disturb a resident nearby.

THE HOTEL NATHAN The leading Chinese Hotel in South China

The Tel. 56600-56603

Nathan Road

Kowloon's Most Select Private Dancing Academy.

וול

Every Night

till Midnight.

8 p.m.

We respectfully beg to announce that through unavoidable circumstances, we have been reluctantly compelled to reduce the number of musicians in our Orchestra.

The music, nevertheless, continues excellent, but in a far more subdued tone.

CASANOVA

PRIVATE DANCING ACADEMY 30, Hankow Rd. (Ground Floor), Kowloon.

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Well Boring, Flush Water Installations

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REMOVAL NOTICE. Colombo Jewellery Stores "Punounce removal to Kowloon Hotel Arcade, Entrance on Hankow Road.

TAK LUNG

DEALER IN........

Curios, Porcelain, Chinese Paintings, Bronze and Jade. RARE CHINESI ART RELICS." 38, Nathan Road.

JOHN LO & CO; HIGH CLASE BEOR-VAKERS 222, Nathan Road, Kowzoo. Latest design, beat workmanship at very reasonable prices.

We have for sale Imported Portuguese Sausages, Salad Oil, Olives.........Home made. Portuguese Sausages... ..Smoked Eels, Italian and Australian Cheese etc.

The Variety

Cake Shop, Tea Room,

and Restaurant.

Wine and Liquors Served with Meals

28, Hankow Road TEL. 58807.

Fraternity Book Room 216, Nathan Road, Kowloon,

The first consignment of Christmas Cards and Calendars bas just arrived

SALLEH RADIO SERVICE

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appellant, Mr. Filomeno Eca da Silva, proprietor of the Dancing Institute, who was fined $25 at the Police Court hearing, represented by Mr. Leo was D'Almada, junior, instructed by Mr. Leo D'Almada, senior.

The appeal was heard ex parte in the absence of Mr. Hans J. Luhring, a merchant, Hving at 30, Hankow Road, next door to the Casanova Institute.

Mr. Justice Lindsell was absent

from the Full Court when judg- ment was delivered, but the Chief Justice informed Counsel, that his learned brother had asked him to say that he concurred with the Chief Justice's, judgment.

"Outside Its Scope."

outside

It has been submitted here for the Appellant that more recent legislation by the correct rules of legal construction succeeds to this limitation and that the present charge which relates to the music of an orchestra is

its scope. The Magistrate rejected this submission at the trial and rejected it. in my view, rightly The scope of the section was ex- tended by amenument of the law in Ordinance No. 28 of 1901 which' took effect upon the 31st October 1901. The preamble of the original Ordinance was thereby repealed. The words of the sec tion thus became general in their operation and were no longer con- fined to noise made by night watchmen.

Appeal Dismissed.

It has been submitted here for Appellant that evidence in order

|

ANNUAL ARMY AQUATICS

First Heats At V.R.C. Yesterday

The first of the two-day heats of the Hongkong Area Annual Aquatic Sports were swum off at the VR,C. Bath yesterday after- noon. in the presence of a large gathering of officers.

The following are the events and those who qualified for the

Anak:— 61 1-Inter-Bly. Coy. Betay.

20th Bty. RA. "C" Coy,, 8.W.B.; 12th Bty. R.A.; HQ. Wing. 8.W B 2-Army Boys' Handicap Race. -

T. Gilmartin: E. Clarke n Burns; R."Burns. -- 350 Yards Free Style Indian). "D" Coy. 3/8 Jat Regiment; 4th (H.K.S.). Heavy Battery, R.A.; 15 (HK8.) Mountain Battery,· R.A.¡ 5th (EKS) Heavy Battery, R.A.. 4-Army Championship."

Gunners Selley, Gower, Ellington and Scott (all R.A,) 5—Officers' Race (100 Yards), (\-

Lieut. A G. Martin (S.W.D.); Lieut. P. de N. Ramus (RA)); 2/Lieut. D. Roissler (Lincs.); Lieut. F. W. Webb (R.A.)"

(Two heats were run for this

to support this conviction must event)...... be sumcient also by itself to sup-6-Army Boys' Handicap. port an application in tort for az injunction. This objection also E. Penton; N. Vincent; D. 'WII-. seems to me to be unsound. Tlams and N. Williants, agree that the evidence must be (Two heats were run for this of such a character that it would, event).

THE JUDGMENT.

Delivering Judgment, Mr. Justice Wood said:-

The Appellant was convicted summarily by a Magistrate in respect of noise permitted by him at 30 Hankow Road, Kowloon, on the 8th July, between, 8.45 p.m. and 12 midnight, of an offence committed contrary to section 13 5.5.1 of the Summary Offences Ordinance (Ordinance No. 40 of 1933). The main contention sub- mitted for bim is that the lan- guage of the first four lines of this sub-section (upon which portion of the sub-section the conviction is founded) is "derived historically through various con- solidations and revisions of the law from Ordinance No. 17 of 1844 which came into operation upon the 11th "Eeptember, 1844.

The Court has taken time to consider the course of legislation: This Appeal must, in my opin- The original Ordinance 25 ap-on, be dismissed.

(8.W.B.);

L/Cpl Fullagher L/Cpl Jenkins (RAMO); L/Cpl. lington (RA): Gunner Walker. "Campbell (8.W.B.); Gunner El-

(F); Fte. Marsh (8.WB.)

be material in a claim for an 8-150 Yards Championship. injunction for a nuisarice. But that it must be sumclent without other evidence to establish 霹 right to an injunction before conviction can be recorded is a contention which I do not accept. The Mägistrate has directed him- self rightly, upon this point,

The suggestion made", that the 10-100 Yards Free Style (Indian) existence of a remedy by injune- tion precludes an aggrieved citizen RAA Coy. 3/9 Jats: "B" Coy, 2nd (HK.8.) Heavy Battery. from prosecuting for a nuisance Jats: "C" Coy. 3/9. Juts. of noise under this section is not worthy of serious consideration.

12-Enlisted B

|-Boys' Race (8) Yds.)

SIR JAMES BARRIE'S CANARY

And A Charming Tale Of Princess Margaret

(Special Air-Mail Service).

London, August 30. Sir James Barrie opened. a bazaar on behalf of the town band

another "Adam has said

since

about many another Eve, since I was tied to this creature I can

neither live with her nor without

hér. (Laughter.) My canary is a male, but he is so inquisitive that he need not be."""

In appealing for support for the town' Band. Bir James said: "I would suggest the example of the (ma near here, a Northmutrian I

(Three heats were run for this event).

: 4 ་

- Typt... Stanford (RA) Boy Allison (Linca); Trpt. Nicklin (R.AY: Trot, Gorder (R.AY "(Two beats).

13.-25 -Yards · Dash.

Pte. Adams (RAM.C.); Gunner Gardner. (RA); Pte. Martin (6.W.B.) Gunner Belley (RA)

AN OVERWORKED DEFENCE

Continued from pag8-10

in his native town of Kirriemuir think he was, who sent his little Everton'. W. Bromwich A

on Saturday I shall tell you," he said, "of a compliment that was paid to me about a week ago by & person whom I will describe as the most gracious lady in the land. The occasion was of "her birthday, her third, birthday, not very far from here, and she was sitting gazing with entranced de- light at one of her birthday pre- Rents. It was a little toy table,

as far as I could see, with two painted dower-pots on it about the size of a thimblé. I said to her. Is that really yours?' And she said at once,It is yours and mine,. (Applause,) I may be al- lowed to borrow Princess Mar- garet's phrate, and say of Kirrie muir, “If there is any grace in me that is worth sharing it is all yours and mine (applause)

daughter into the town to buy a sheep's head, and she said to the butcher, Father told me to ask you to cut it off as near the tail as you can. On that principal our bazaar is to be constructed to-day. Every article is to be sold nearer to the tall than ever was heard of before."

40,000 35,000

35,000 35,000

Aston Villa . Leicester Manchester C. v. Sheffield

W, Stoke Chelses Wolverhampton v. Liverpool 30,000 Blackpool . Preston N.E. 30,000 West Ham v. Bolton 30,000

Manchester Plymouth United

27,000 Eristal · City v. Bristol Later Sir James said: “What I

Rover

3,000 keep looking at is an empty chair Fulham v. Port Vale 24,000 down here. In it there should be Blackburn Leeds United 20,000 sitting, if she were alive, the wo Sheffield United #. Totten man of all women outside my own. }・ ham family whom I most cared for: Coventry .. Gillingham 17,000. who was the friends of my life Middlesbrough Derby. from my infancy, known to some County

14,000 of you by the name of Belle Norwich, «. Clapton Orient 14,000 Lundz.

Queen's Park Rangers to

Brightor

14,000 Bradford v Oldham ...... 13,000 Nottingham Forest v. Brent

ford Fl

13,000 Charlton v. Bournemouth

excopt perhaps ⠀⠀ my ́ canary. Two midor trafic accidents" "00- (Laughter.) "Adme of you may curred yesterday Lao Yung, living remember that when I was here at a hut in Kowloon City, was bent Grimsby v. Burnier v last I told you about the canary to the Kowloon Hospital after Bs-Hall. Notts County that Mr. Robb had presented to ing knocked down by a lotor has Reading v. Exter me a canary from this place in Saikung Road Knocked down Watford v. Cardiff which has been giving me some by tramcar in the Wanchai de Bury v. Swansea trouble. I sometimes think that,trict, another Chinese, Bhi Chi Lincoln 6, Mill@All 28 Adam must have sometimes ming, was removed to the Govern Newport in Swindon

Bouthend Crystal, Pali said to himself and was many mehr Civil Hospital,

11

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Hong Kong Weekly Press

Colony's Water Supply

- Yellow Hiver in Flood

Reds Defeated in Fukien The Bowls Championship

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