1938-08-12 — Page 7

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HONG KONG. DAILY PRESS

GENERAL

CLAIM BY NATIONAL CITY BANK

BANK FOR POSSESSION OF

OF TWO HOUSES REFUSED

Judge Rules Hardship On Tenants Is

Is Greater

A claim was brought by the National City Bank of New York for possession of two houses, on morttage."of which they had loaned a sum of $55,000 about six years ago. in the Summary Court resterday. The Acting Pulsne Judre, Mr. Justice E. H. Williams, ruled that one party or the other would have to suffer hardship in this case. but that the hardship on the tenants was greater, and, therefore, under the Prevention of Evictions Ordinance. the claim had to be refused- Defendants were M. C. Chul, Lee Man-hing, the Pal Ying School and Yeung Män-kip, residing on the floors that made up Nos. I and 2 Chuk Kut Terrace, Wanchal,

Mr. G S Hugh-Jones, of Messrs Wilkinson and Grist appeared for the Bank.

H

Mr. Hugh-Jones said that in - November, 1932; the Bank had lent a" sum of $55,000, at interest of six per cent to a man named Kwok. A year later the ability was taken over by one Tso Moo-sum, who, amongst other things. covenanted to reduce the indebtedness due by a sum of $50 per month. These payments, in fact, were never made. Plaintifs instituted "pro- ceedings against him for the first two instalments but he disappear ed and the money could not be. recovered.'

31

His Lordship: This bank has branches all over the world?-Yes Would you agree with me it is a fairly wealthy bank?—Yes."

There is no question of its going bankrupt on account

Mr. Church familing) No, I don't think so.

NO FREMISES AVAILABLE

halfs one by one, the sum total of Civing evidence on their own be defendants statements was to the effect that they had all tried to And

thing that was at all suitable being new premises but could not, any offered at rentals they could not

afford.

Cross-examining the representa In December 1933 notice Wasive of M. C. Chu, who," it was served calling up the mortgage stated, in Kuala Lumpur, Mr. and in January 1934 the property Hugh-Jones asked it he would be was put up for sale by auction, but willing to pay rent increased to no bid was received.

could not afford it. 570, to which defendant replied he

Combined

Operations In

November

G.O.C. APPEALS FOR "CO-OPERATION FROM

HEADS OF FIRMS The following is an official com- munique Issued by Command Headquarters yesterday:-

Operations

this

warning, the following notice of In order to give the public early

Combined Operations to be car ried out this year is given.

Combined year will be held during the period November 21 to 38. The first phase. November 21 to 23, will affect the Regular Defence Force only. During the second phase,, November 24 to 28, 30 percent of the Volunteers as well, will be required to be on duty each night with the ex- ception that during one period of approximately 36 hours all the Defence Forces of the Co- lony, lucluding the Volunteers, will be carrying out active operations.

|RENT COLLECTOR GAOLED FOR EMBEZZLEMENT

Maximum Term

Imposed

The maximum penalty of six months' hard labour, without the option of a fine, was imposed on a rent collector, Li Han, aged 30

the who pleaded guilty to a charge of embezzlement of $3,585.19 when he appeared before Mr. Ed- wards at the Central Court yester. day.

Mr. F. G. Nigel appeared for the prosecution on behalf of the com- plainant, Mr. Li Wing-loonK.

It was stated that defendant had collected the sum of 88.325 for the complainant and spent for his own use the amount stated in the charge.

Defendant had been employed as a rent collector for 10 years. Sometime at the beginning of last year he had been in arrears in his rent accounts.

When asked by his employer to submit his accounts for Inspection." he gave the

excuse that the tenants had been ip arrears in their payments.

The exact 36 hour period will not be made public until the day on which it will commence. The premises then fell into dis-

It is hoped that all Volunteers. will be released to take their part began to sense something curious Early this year, complainant use and in July 1931 a caretaker was installed. In September the taken as a threat, Mr. Hugh-Jones? tioned above? The effect will be fendant to give an explanation in

His Lordship: Is this to be as required by the timings men-

in his excuses and summoned de- same year the first fat was rented and both houses were

Mr. Hugh-Jones: No, my Lord, that for the period November 24 fully ecfar from it. cupled by September of

We have been tenta- to 28, half the Volunteers will be person. This he failed to do and the

a lease for tively offered

$400 a required for duty every night and. On July 8 a warrant was issued refused to see the complainant. next year. The original tenants were still there. The rentals were some to about $70.

month: taken by each flat it would therefore, with the exception of for his arrest. very low, being $30, $32, $56. and $33 per month.

Ever since that time plaintiffs had been seeking a purchase, but the only offer received was a verbal

After So Chi-kon, headmaster of dant) had stated his the Ful Ying School, third defen- Lordship asked him whether he case. His

reckoned the rent he was paying

the 36 hour period, no dislocation i of day business should result.

PROPER TEST OF DEFENCE

on

A proper test of the defence is dependent on the attack the fortress being carried

PASSENGERS ARRIVED

The following passengers arrived

Empress of Canada from Canada. Japan and Shanghai:-

one for $30.000, which was later at present was cheap. He said out by surprise, and this would in the Colony yesterday, by the was. and that he was prepared to not be possible if the attack had Pay any increase up to $10.

to be launched during a week-end only in order to meet the con- venience of Volunteers)..

increased to $35.000. Early this year better offers were received one of which was for $50,000, but it was a sine' qua non of the offer that they could give possession There was also the offer of a lease at $400 a month.

וי

Mr. C. Mayer, Mr. E. R. Elch- holzer. Dr. and Mrs. J. P. Fenily. His Excellency, The" General Mrs. H. A... Frederichs, Mrs. M. H. E. Hopkins, Mr. W, Robertson, Mr. and Mrs. F. Schaap,

OFFER TO PAY INCREASE Speaking on behalf of nunsel and the other defendants, Bu said. "We are prepared to pay a ttle omcer Commanding, will appre- RENT'S NEVER INCREASED

increase in rent, but we beg your clate it if all employers of Volun- Lordship if you give judgment teers will realise the necessity of Mr. Hugh-Jones went on to point out that ever since the tenants against us, but to give us an ex-

against us, not

to order costs releasing their men had entered into possession their tension of time to enable us to re

far the 36 hour period whenever it may occur rents had not been increased. The

within the prescribed limits.

present position was this. The ori- move our goods and move back to As usual. normal precautions

ginal capital was reduced to $53. 000-odd. to which had to be rdded interest in arrears of $16,000-odd, making

a total of $70,450 still ewing. What they received from the tenants. after Crown rent taxes, etc, had been deducted. came only to two per cent, which was.

of course, not enough to cover the mortgage.

In those circumstances notice to cult was given on June 29, to take effect on July 31. The four de- fendants had notified their inten- tion not to quit before the issue of the writs.,

"This is the position," Mr. Hugh-Jones went on.. "Plain- tiffs say that the particular circumstances surrounding this matter are so disadvantageous to them that to refuse an order

the country. We are willing to pay will be taken to inconvenience the a 25 per cent increase on the pre-public as little as possible, but it sunt rent."

Mr. D. C. Venezia, Mrs. J. C. Wilson, Master Wilson. Mr. A. J. avramow, Mr. G. W. Heath, Mr. blash, Mr. B. Z.. A. Quiziblush, A. Assanmal, Mr. H. Z. A.Quizi-

Mr. N. Brandel, Mr. G. J. Brawn,

is inevitable that some "disturbance Mr. O. Gilpin, Master: 0. Gilpin

FRIDAY, AUGUST 12, 1938.-PAGE

י וי

WE HAVE JUST RECEIVED A CONSIGNMENT OF

THE NEW

"BOBBY JONES"

REGISTERED GOLF CLUBS.

IN SETS OF SIX,

SEVEN

EIGHT OR NINE, IRONS.

WOODS-DRIVER, BRASSIE

& SPOON.

INSPECTION CORDIALLY INVITED

$25,00

PRICES

14

per IRON NETT

$27.00 WOOD,

J

LANE CRAWFORD • LTD.

ון

The House of Quality & Service

252252525252525

THE WEATHER

With very little relief afforded by the few showers of rain, Hong Kong again sweltered in the heat yesterday.

The maximum temperature was, however, 0.2 degree lower than on Wednesday, the comparisons being 29.8 and 90.

The minimards were 79.0 and

In his final address to the court.must result due either to noise of Mr. N. D. Mahtani, Mr. W. Ziegler, 78,0. Mr. Hugh-Jones stressed that none firing or movement of troops and Mr. T. D. W. Bannister, Mr. J. C. of the defendants had shown that vehicles.

Clavering.

and other premises but had relled fed in due course. they had made any real effort to Further notices will be publish-

protection. If by any chance His on the Ordinance to give them full

N

order. he suggested that forship should decide to refuse the CHOLERA CASES

an in-

crease of 25 per cent only was ridiculous...

Giving judgment, His Lordship

MOUNTING

Mr. C. H. Foulger, Mr. and Mrs. R. King. Miss E. King. Mr. F. A. Krummecher, Mr. H. McKenzie, Mr. C. D. Reich, Mr. J. F. Steed..

MV. G. Taussig. Mr. S. H. Wau.

If I refused to make that order. case of cerebro-spinal meningitis. Yip Cho, Mr. Fung Sul Cheong, there would be hardship to, plain-

-FORTHCOMING MARRIAGES

Two forthcoming marriages are announced:-

Mr. Percival

Carnac, electrical engineer, of No. Sidney. Rivett-

Miss Elsa Johanna Holz, nurse, of 49B, Peking Road, Kowloon, and

No. 8 Bayview Mansions.

ነነ

Mr. Yang Pao Ling, Mr. and Mrs. Ki Chun Mr. J. Y. Pan, Mr. aid: Having heard the evidence fed to the local health authorities Salvesen,

Ten cases of cholera were noti-K Lin, Mr. H. C. Tai, Mr. A. E. N. Y. Chang, Mr. C. S. Lu, Mr. S.

both sides, I am satisfied that on Wednesday, bringing the pre- if I were to give an order for sent year's total to 206 cases.

Mr. W. V. Esia, Mrs. T. F. Yang.

Mr. Harold Francis Russell, mer- possession, greater hardship would Other diseases

Mr. Y. S. Chen, Mr. C. 8. Tungcantile assistant, arriving in the reported were ne caused defendants than the three

Mr. K. W. Zee, Mrs. C. Cheng, Mr. Colony on October 12 on board the cases of dysentery, seven P. T. Lee, Mr. L. P. Lee, Mr. Chan Empress of Canada, and Miss. Alice landlords otherwise in this case.

€35e3 Denteric fever and four

Elizabeth Brangwin, who is due on Mr. J C. Ellis. Misa C. D: Fer-the Potsdam on October 6. tiffs because they would lose their:

N.T. BENEVOLENT WORK

guson, Mr. A. L. Marchant, Mr. V. money... on the other hand. A total of 16.386 anti-cholera W. Purcell, Mr. J. Thomson, Mr. apart from what defendants have Inoculations were carried out by George A. Magill, Mr. Malcolm D. Presumably. he further subsaid, It is well-known that it is the St. John Ambulance New Shaw, Miss Carclyn Thayer, mitted, the Prevention of Evictions Practically impossible to find suit- Territories Medical Benevolent Ordinance would remain "in forcejable premises now.

Mrs. M. L. Lagus, Mr. R. Branch during the month of July. Melwami. Rev. H. Sanchel, Mr, here throughout the presen; con- Therefore I refuse to grant an Ninety-seven vaccinations ditions. From which It follows order in this case. Under, Bection also given.

was Allmchang. Mr. B. Andrian, Mr. 'that the Ordinance will not be re-13, sub-section 2. I have power to

and Mrs. H Chang. Misses The number of cases treated at Chang" (2), voked till the property market has unnul any notice to quit, and I the various centres was 12.912. slumped again, when, of course hereby set aside the notice to quit, the present offers received by the bank would not be repeated.

for possession would in fact work greater hardship on them than un defendants,"

Mr. B. 8. Church assistant manager of the National City

7 have. also power to determine what increase of rent is reasori- able........

Here, Mr. Hugh-Jones suggested

UNCLAIMED

TELEGRAMS

11

MF. Z. T. Chang, Mr. §. y. Cháng. Mr. Chen, Miss E. Chen, Mr. Chia Wel Chan, Mr. 1 L Cho Mr. H. M. Chow, Miss Y, Y. Chu, Mr. Y. T. Chin,

Mr. 8. H. Diao, Mrs. M. E. The following unclaimed 'tele-Fielder, Master L. G. Fielder. Miss

Li Pin Chao, Mr. K. Y. LA. Mr. Lag Foo Yu, Mrs. Liu. Mr. T. 5. Miao, Mr. S. W. Lau. Mr. Ou Tilen

Hwa,

il

Mr. M. S. Rostoff, Mrs. Sze. Miss 8. C. Tan, Mr. Tehong Pao King, Mr. S. D. Tong, Mr. Tseng Jeung Suen Mr. and Mrs. D. A. THEME Mr. and Mrs. H. 8. Tsang.

Mr. and Mrs. Wang Kai, Mr. and Mrs. C..C. Waynx. Master Waung, Mrs. Wong, Mrs. J. Woo, Mr. and Mrs. C. H. Yle, Mr. and Mrs. Cable and Wireless Ltd::-" C. M. Hwok, Miss N. Joseph Mr. Y T, Young, Mtr. Young, Mrs.

Aeltrax,”tröm: Bedapest: Yamane Kuo-Chin Liu,

Woodworth. Mr. Leo. Itkis, Mtr, Matsubara, from Hanol.

Mr and Mrs. Lansing Kwok, Mr. Kung Yie

Bank, gave evidence bearing out that the matter of rent should be Mr. Hugh-Jones' opening. He said adjourned sine die to see if the grams are lying at the offices of F. A Fielder. Mr. Harr Chan, Mr. that the bank had no interest in parties could come to an arrange the property market at all, only ment about it is Lordship

agreed with this.

in property as security on loans.

11

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DAY OF SUCCESS FOR

CHINESE AIR ARM

Hankow, August 11

The Chinese Air Force staged two raids on Ja- panese warships in the Yangtze River yesterday:

The first rate was carried out in the afternoon by an undisclosed number of planes on six large and 10, medium-sized Japanese vessels in the Yang tae between Matang and Hukow. Power-diving, the machine released their bombs Columns of black smoke rosekky-high from two of the vessels..

Over 10 Japanese planes new up to challenge. the raiders. The Chinese airmen, seeing that they had already completed their mission, did not gire rattle but returned to their base safely,

***Bhortly" "kiterwards another squadron of Chin ese bombers staged a second raid on a Beet of 15 Japanese warships in the vicinity of Hakow, Tont of high expidelves were unloaded on the vessels, in- dicting heavy damage. The Japanese opened tor- rine anti-aircraft gunfire without effect(Central News),