1938-05-26 — Page 2

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APPLICATION BY SUB-TENANT FOR RELEASE OF DISTRAINT

Action In Summary Court Sustained

GENERAL

NOISY DANCE

BAND ALLEGED BAND ALLEGED BY PROSECUTION

Majestic Ballroom Summoned

WITNESSES TELL OF

EXECUTORS OF WILL DISAPPEAR

Beneficiary Asks Court For Relief

An action asking for the re- placement of the trustees and executors of her husband's estalo,

The reasons for his giving judgCOMMUNITY SINGING for the impounding of benefits

ment in favour of petitioner in

the application brought recently'

held by one of them, under the The management of the New will in order to enver alleged de

Ballroom, Des Voeux by Wong Hon-sing, sub-tenant of Majestic No. 5 Shelley Street, second floor, Road Central, was yesterday sum for the discharge of a warrant moned before Mr. Edwards at the

noise to disturb the

faications and for accounts taken

of them, brought by Mrs. Au Cho- shi, was sustained by the Chief

of distraint, were delivered in Central Court for creating Justice, Sir Atholl MacGregor; at writing by the Pulsne Judge, Mr.necessary Justice R. E. Lindsell, in Summary peace. Court yesterday. ·

the Supreme Court yesterday..

Defendants were Au Wing-ki and Au Wing-yun.

It was alleged that between the of 0.30 p.m. On May The Judgr at affected the ques-hours

For the plaintiff, Mr. H. C. Maç- tion of whether goods of a sub-14 and 2 a.m., on May 15, and tenant of an ordinary Chinese 11.30 p.m. on May 16 and 1 a.m. namara, lnstructed by Mr. H. K. tenement floor were distrainable on May 17. F. Gray the Bcensee Woo, of Messrs. Woo and Woo. because of nonpayment of rent by of the Ball Room, permitted to be said his client was a benendary the principal tenant.

made or caused noter, the laying under the will of her husband, Au Wong's goods, it was stated at of musical instruments by a dance Taak, alias Au Cheuk-man who the hearing, were seized by the band and singing in the New Ma-died on September 21, 1920, Plain- ballif in carrying out a warrant Jestit Ballroom, calculated to dia- tiff was a concubine and there was for distraint against the principal turb or annoy the complainant, another concubine, who was also tenant, Kan Chak, on behalf of Mr. Douglas Fitches, or other per- entitled to a hair share of the

property. the landlords, the Hong Kong Fire sons.

Mr. Abbott. Assistant Crown Insurance Co., Ltd.

..

Defendants, together with one The judgment, in part, is as Solicitor, appeared to conduct the Cheung Sum-woo, who had since prosecution. while Mr. M. A. da died, were the trustees and execu. follows:-

Silva was for the defence.

tors of the estate, and as far as HIS LORDSHIP'S FINDINGS

Mr. Fitches, of the General Post was known they had disappeared "It is quite clear that under{Omce, "said that his residential and could not be found. the Common Law rule governing quarters were on the top floor of distress for rent in arrear the the Post once building, facing the

MISAPPROPRIATED MONEY landlord had the right to seize New Majestic Ballroom diagonally.

Under the will defendants, as whatever moveables he found on On the evening of May 14, he trustees, were entrusted with the the premises out of which the reached home about 9.30 o'clock administration of $34,000 and two As far rent issued: and that this general and the cance band of the Bull houses in On Lan. Street. power, remained unimpaired, save Room was playing rather noisily. as the money was concerned, it 111 so far as certain classes, of A ittle later the players began to did not exist as the defendants moveable and those of Jodgers sing, and the visitors joined in. had misappropriated it. were exempted from seizure by The community singing continued The second defendant was en- Statute, down to 1908 when by the every few minutes and he could titled to extensive benefits under Law of Distress Amendment Act not fall asleep although he had the will "and plaintiff now asked of that year the moveables of most of the windows closed. He the Court that his interests" in under tenants were protected. found conversation was difficult.

The right to distrain as it exists in Hong kong is set out in Sections

B. 11 and 15 of the Distress for Rent Ordinance, 1883.

TWO CONDITIONS

EFFECT ON SLEEP

On the evening of May 16, about 11.30 when he returned home from

the property be impounded in order to cover the defalcations:

Defendants had failed to fur- nish accounts. despite repeated

his

a cinema, he found that the noise requests, although there was an and the singing had been going arrangement whereby plaintif re- "To make goods distrainable in on full swing, and had the same ceived from them $200 a month,

subject to certain deductions. Hong Kong two conditions must effects on his sleep.

Under cross-examination by Mr. Continuing. Counsel sald be satisfed: they must be found 71 on the premises: (2) in the Silva, Mr. Fitches said, that since client asked the Court to have de- apparent possession of the debtor he had moved in to the quarters fendants replaced as trustees and This seems to suggest by..implica on April 13, he found that the executors of the estate by Mr. 8. tion that there may be goods on noise had been most unbearable Hampden, Ross and Mr. W. L to have accounts of the premises which are, not in the on these two occasions as mention. Alexander;

defendants taken in connection apparent possession of the debtored in the summons.

from the messuages: and consequently

Mr. Silva:- 1.auggest it's an with rent trainable.

exaggeration w you disagree? and to have the interests in the Mr. Silva. I am here on nath. 1 property of second defendant im- do disagree it is an exaggeration.

not are

dis.

*

11

MADE COMPLAINT

pounded.

Mr. K. Woo gave corroborative

"in my judgment where baille goes into a house and the Ands cubicles which, from

Mr. Pitches went on to say that evidence of Mr. Mr. Macnamara's evidence of his eyes or from state- ments made to him, he has every he had brought this matter to the outline. reason to believe are sublet, the attention of the police on May 8 In such cubicles cannot and on May 9 he had put in a goods

complaint to the Post-Master be said to be in the apparent pos- session of the debtor. To take an General. He was given to under extreme case, if a cubicle bears stand that the noise would be re-

¡duced after midriight. the name of John Smith, it seems to me that the goods therein are not in any sense of the word in the apparent possession of Wii, liam Brown, the debtor."

DOUBTFUL POSSESSION

POPULAR TUNES

HANDBAGS STOLEN FROM WOMEN

Three Chinese males, Luk Tok- fung, Chu Shing and Lam Kau, before Mr. Macfad-

Mr. N. V. A. Croucher, whose re-appeared sidence is "exactly opposite the yen at the Kowloon Court yester- Majestic Ball Room" said that, on day charged with robbery, May 14 he left home about 9,30

Det.-Sergt. Nolan, said that at pm. He returned about 1.45 a..about nine o'clock on the morning "Furthermore, this view is sup and while passing Blake Per he of May, seven women and a small ported by French v. Gething. (1922 heard the band play. On that boy went on a picnic to Wa Tip

I KB. 236) and Ramsay v. Mariaght he could not go to sleep in Kok near Lis. Chi Kok Women's grett (1894. II Q.B. 18) in which spite of having all the windows prison.

a meaning had to be placed on closed, as community singing was

They saw three men approach-

the words 'apparent possession going on at intervals whenever a ing when they were coming down appearing in the Bills of Sale Act.

popular tune was played.

noise.

the hillside, they got suspicious It was decided in these cases that

Two days later he heard simila1 and packed up their things, where possession is doubtful it' is

It is alleged that the men stole attached by law to the title, and

NOTHING COULD BE DONE four handbags belonging to Wong that where husband and wife are

-Witness said that he had beeu Shung-ki, Shu Yuk-wai, La Lo-wan. living together what is in fact the wife's property is not in the ap-occupying the premises for 12 years, and Lin Yuen-ping, members of parent possession of her husband. and had been intending to make the party.

sub-tenant complaints two or three years ago ย

The position of

tiori.

Defendants admitted the charge would appear to me to be a for, and occasionally to his landlord, at the Police Station.

[He made inquiries regarding the After evidence was given by two leffectiveness of any complaints of the party. the case

was ad- and was told that nothing could journed to Monday May 30. be done since the Ball Room was

"In my opinion, therefore, on the true construction of the words in the apparent possession etc. goods of a sub-tenant on an or- dinary Chinese tenement door are

not distrainable. »

کرد

ARGUMENT FAILS

a licensed concerni

bad during the winter season as in The noise, he said, was not so

MACAO SALESIAN

INSTITUTE

Celebrates Feast Of Patroneas

the summer, but recently it had become a little more unbearable. In the present case the point F. Gray, in the witness stand, was also taken for the respondent dented that there had been any that since the tenant, Kan Chak, community singing. He had taken on whose moveables he sought to steps to stop some Spanish дum- distrain was not an Individual but bera in which nearly the whole of what I may call a class, te. the the band would join in the sing (From Our Own Correspondent) members of. Kan's household, the ing. For the past month, there bailiff was entitled to assume that had not been more than one per- all persons on the floor were son singing during the dance...He members of that household and did not observe any patrons join-which threatened to mar the pro- gramme arranged for the cele- to distrain accordingly on all ing in any of the singing. moveables there..

This argument does not Impress Friday. me for two reasons, Firstly, the [”,

Maçao, May 24... Inclement Despite

weather,

The hearing was adjourned to brations in honour of Our Lady of the Help.. of Christians, the pá- troness of the Institution, teachers. and students of" the Salesian In-

bailiff had no. notice that the ALIEN FINED stitute here today commemorated

tenant of the premises was a clase

of persons when he entered the

Mr. Frederick Willam Albert the festival. fluor he was looking for an in- Timm, 34, a German subject, was At 8.45 am. a Students Mass was dividual tenant named Kan Chak yesterday fined $15 by Mr. Edwards conducted by the Vicar-Apostolic Secondly, even if he had been at the Central Police Court for fall-of Kongmoon, the Most Rev. Mons notified that the tenancy, was in to notify the Police within 12 Pashan, while at 10 am a Pontl- the name of Kan's household, the hours of his arrival in the Colony cial evidence of his own eyes would from Hankow obviously have told him that here

High Mass was also solemnised in "the Chapel.

Devotional exercises were includ- was no single Chinese household in could not be in the possession of ed in the afternoon's programme, Chye which concluded with the presen- cluding possibly lodgers and guests, the Kan family but a number of different familles "For these reasons I hold that itation in the evening of a medieval occupying each its own cubicle as the sub-tenant herein is entitled melodramatic operetta ny members 1 of the faculty, body and students- sub-tenants whose moveables to succeed in his

THURSDAY, MAY 26 1938.

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