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HONGKONG DAILY_PRESS
GENERAL
COMMON LAW RIGHTS ROUND THE POLICE COURTS
OF TENANT, LANDLORD
Interesting Argument In Summary Court Action
The question regarding the common law rights of the tenant and the landlord "was raised at the Summary Court yesterday when a claim for possession of a house for the purpose of reconstruction, was brought before Mr. Justice Williams,
The parties werẸ LÀM CHUN-FAI, of No. 4. First Lane, first floor. Tai Hang, (plaintiff) and POON KIU, of No. 9 School Street, ground floor, Tai Hang, (defendant), They were represented, respectively, by Mr. P. C. Woo and Mr. D. McCallum."
QUIET ENJOYMENT
*
AT CENTRAL
WIDOW. FINED
Wong Ng, 33, widow, was fined
AT KOWLOON
LARCENY OF EGGS. Convicted of larceny of 270 eggs $5 or 14 days' hard labour" by Mr. by trick, Li Shum, 21, was seri- E. G. Sheldon "yesterday for pos-tenced to a month's hard labour session of 55 cattles of tręewood by Major A. N. Macfadyen yester...... in Morrison, Hill Road, near Tin day. Lok Lane.
Sgt. R. Mackenzle prosecutea.
STOLE FROM FATHER
his father was complainant.
It was stated that complainant, Chan Tai, a woman, and defendant were fellow tenants. They agreed
ASSAULT CHARGE
him, Kwong Ki, 20, of No. 13, 8am The father, Mr. A. B. Ablong. Dor Lane, was charged befora who was present' in Court, said Major Macfadyen yesterday. that he did not wish to press for the case.
A 20-year-old unemployed youth that Chan support the stock for was defendant in a case in which sale and defendant do the hawk-
ing, the profit to be divided.
On April 14, they obtained 270 The premises' were
Defendant "was Marques Ablong. let to de- ! Defendant also claimed, in the fendant at $10 per month on a alternative, $1,000 damages for who was sentenced by Mr. Lowry eggs. Defendant asked Chan to monthly tenancy which was duly breach of the implied covenant yesterday to three months hard wait for him at Tak Shing Street
labour. on charges of stealing his while he went away. Chan walt determined by writing to quit: for quiet enjoyment.
father's radio set from No. 454, led there for five hours and fulled dated Nov. 18. 1940. and expiring! DEFENDANT'S EVIDENCE
King's Road, top floor, on Apr. 7 to see accused. on Dec. 17, 1940.
Giving evidence. defendant
and illegal pawning.
On Bunday last complainant met Plaintiff claimed possession as stated that he had lived in the
For giving false information in him in Temple Street and had vacant possession was necessary premises with his family since the register of the Mee Chow him arrested for reconstruction in compliance 1938. He did not leave at the ex-Hotel. Des Voeux Road Central, with requirements of the Building piration of the notice because he which formed the third chuge Authority; mesne profits at the could not and other accommoda- į against him, he was fined $20, in Alleged to have assaulted Na rate of $10 per month as from Dec. tion. In answer to a question by default, another 21 days hard(Gee-wo, clerk, with intent to rob 18; and costs of the action. Mr. Woo witness admitted that labour.
his eight sub-tenants had re- moved and had found accommoda- Defendant. instituted a counter-tion elsewhere... claim which stated that it was, Mr. McCallum submitted that inter alia, an implied term of the the object of taking the roof off tenancy that the defendant should was to make the house absolutely be entitled to quiet enjoyment of untenable and calculated to force
"A VERY BAD RECORD" the premises, but on or about Dec. the tenant out. He pointed out
This boy has a very bad record 24 plaintiff by His servants, work-that plaintiff could have taken at $115, to the Leung Yick pawn, having seven previous convictions. men of others authorised by him, action in Court to show the bona shop in Wellington Street and He was sent to prison since he entered the premises and removed Ade of the project instead of pawned it for $20. Next he went was 12 years of age and had spent a portion of the roof and the taking the law into his own hands to the hotel and registered as more time in prison than in his wooden flooring on the frst floor Mr. Woo argued that Mr. Mc-Chan Ki-fung.
home," said Sgt. F. Roberts" before forming the celling to the ground Callum had not proved what the
Defendant admitted three pre- Major Macfadyen yesterday when floor.
common law rights were and vlous convictions.
Chan Yin-hong. 17, was charged Defendant claimed that the which, as far as he knew, con-
with larceny of 94 cents from an entry was in contravention of the cerned actual re-entry or. in other
18-year-old boy. provision of Section 3 sub-section words to eject the tenant forth- 1 of the Prevention of Eviction with. He submitted that, in this fined $100, or two months' hard. Consolidation and Amendment case, plaintif had. committed no labour, by Mr. Sheldon yesterday Ordinance of 1939 which suspend-ire-entry as the pulling down of for driving car No. 2337 without a
JUDGMENT RESERVED
In reserving his judgment his
Det. Sgt. J. MacDonald said that defendant went to the house and stole the set during complainant's absence. He took the set, valued
DROVE WITHOUT LICENCE
Kwok Tal, 21, cat cleaner, was
Accused was alleged to have held up the complainant with a knife. He was remanded for one week,
Sgt. Roberts said that about 2.4b p.m. on Saturday while complain-
was standing at Laichikok
Road, defendant took the money
19 and driving without the per- mission of the owner, Mrs. Lama hawker who arrested him.
Accused was sentenced Kam-ling of No. 81, Jaffe Road, first floor.
months' hard labour.
to Blx
ed the common law rights of re-the roof of the first floor and the licence in Hennessy Road on "Aporn his pocket. This was seen by entry of premises of a landlord putting up of two planks could -except where the tenant had not be construed as a re-entry.
abandoned possession and provid- ing for an injunction and damages against the landlord, in case of Lordship said he would like to office, said that on the morning such entry, either peaceably or visit the premises and would not forcibly, without prejudice to any give his decision for a few days statutory flability of the landlord as he wished to consider the point to any criminal proceedings. on common law rights.
UNUSUAL CASE Mongkok Riot
HEARD
Selling Food On
Board Junk
Has Court Sequel
A most unusual case, stated to be HAWKER CONVICTED
the second of its kind to be brought
up in Court, was heard before Mr.
ON TWO COUNTS
H. G. Sheldon, KC., yesterday, when Wong Cheung, of Class II boat
The story of a riot in Mongkok No. 1655W, was summoned for sell-district on Sunday evening when ing cooked food without a licence an Indian Police Reservist
was
Sgt. T. Mcinnes, of the Traffic
SNATCHER CONVICTED
Mr. Edward Kay, of the Wink
of the day in question, defendant was asked by complainant to clean Insurance Company, Nathan the car, Instead he took it for a Road appeared before Major Mac- ride with a friend. Near Ewo Hill fadyen yesterday as a witness in a Road, he knocked against sorge snatching incident. metal pipes being carried by a Accused -- Was Wong She, 20, coolle. Fun Wan, who was slightly charged with snatching a woollen injured. Later he crashed into a jacket containing 80 cents from a tram travelling from west to east. woman
Pleading guilty, defendant said The incident occurred at Nathan that he was driving his friend to Road near Hamilton Street. Mr. the Tung Wah Hospital, where the Kay gave, chase and arrested de- latter's friend was seriously fendant.
In
Mr. sentencing defendant.
Accused was fined $10 or 14 days Sheldon ordered that $2 compen-hard labour sation to be given to Pun Wah from the Poor Bax.
POSSESSION OF WARD
STOWAWAYS FINED
Ulbrary, Supreme Cos
TUESDAY, APRIL 22, 1941. -PAGE
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YOU'D FIND
66
A
Buxton
KEY-TAINER Locked Loops
LOCK YOUR KEYS
BUXTON"
USEFUL!
TO HOLD 6 OR 8 KEYS
IN
VARIOUS COLOURED LEATHERS
FROM $500 EACH
MADE IN
ENGLAND
LANE CRAWFORD LTD.
Mens Wear
Department
The House of Quality & Service
Mr. Southard Leaving On Furlough
Mr. Addison E. Southard, Ame- Fourteen persons were charged (rican Consul-General in Hong- befoze Mr. D. J. N. Augersha yes-kong, accompanied by his wife, Wong Fat, 45, unemployed miner, terday with slowing away from will be leaving for the United and Ng Tai, 40, kept woman, were the Colony. They were found on States today on three months' fur- charged before Major Macfadyen board R British ship without lough Mr. Southard expects to be yesterday for possession of a ward tickets
without notifying the S.CA.
1:
Accused were each fined $25. Sgt. MacCarthy was in charge of the case
Insp. H. W. Fraser, of the S.C.A., on board the boat while lying in stoned by a hostile crowd was re-
iated before Mr. D.J.N. Anderson said that on Apr. 18 a man went Aberdeen Harbour on March 8.
at the Kowloon Magistracy yes- to the Shamshuipo Police Station Mr. H. L. Lockhart, Senior Interday when So Kai, 21, unlicensed and said that he had previously STOREHOUSE BURGLED pectof of the Urban Council, a hawker, was charged with hawk- agreed to take a girl, Cheung Ping, peared for the prosecution, assisted ing without a licence and inclting 12, as his daughter-in-law, but he
For breaking into a storehouse at No. 338, Portland Street and by Health Insp. Ching Wing-kwan, persons to assault a Police Officer had now changed his mind. while defendant was represented
Investigations showed that the stealing therein seven cattles of by Mr. F. B. Loseby,,.
back in the Colony by August.
While in the United States, Mr.
•
and Mrs, southard will visit San Francisco and plan to spend some time in New Orleans, Cincinnati, Washington, D.O., and Louisville, ✦ Kentucky, which is Mr. Southard's
home town.
As from today, the United States
of Mr. charge
Complainant, Hakan Khan. P. girl had been presented to defen-coal, Cheung On, 35, was sentences/Consulate General here will be in
C. R. 274, testided that
John Herman
about dants last year and she was quite to one month's hard labour by X-Bruins, Senior Consul.
Anderson yesterday
Sgt. B. Ross said that about 6.30
First accused was fined $10, or
Insp. Ching, in evidence, said that 8.50 p.m. on Sunday he saw haw- well treated. as a result of various complaints kers selling congee in Sai Yeung from the Urban Council and the Chol Street and he chased outbreak of cholera, he was. in- structed to investigate. Going on
sway.
11
CAUTIONED
them 14 days in prison, while second am on April 19 defendant broke |¦ ̈* D. O. SOUTH
defendant was fined $5 or one a hole on the wooden door and week..
thereby removed the coal. He was arrested by a chinese detective who saw him carrying the sack of → Icoal
board at 7.30 p.m. on March 8, he He came back later and found saw five Chinese males and three the hawkers still there and arrest- females partaking of their food, ed defendant. 2
He then ordered things to eat. After finishing, be asked to see the proprietor, who was the defendant.
DEFENCE SUBMISSION
POLICEMAN STONED
On the way to the Mongkok Police Station accused allegedly shouted to some on-lookers tá as- were
SUPREME COURT WEDDING
So Shen, 71-year-old unemployed, was cautioned by Mr. 8. F. Balfour yesterday when he pleaded guilty Įtó thể charge" of cutting a wid tree at Tai Shek Hau, Cheung Chau an April 20.
THEFT OF IRON Kwok But, 25, was charged before Mr. Anderson yesterday with steal-
ROBBERY ALLEGED Mr. Loseby said that the food sault the Reservist, Stones
Ing 60 pounds of "iron from the On the application of Acting section of the Health Ordinance re-throws at the complainant and merchant, of No. 173 Wing Lok Hunghom.
The marriage of Mr. Lui Ping, Green Island Cement Company, Sub-Insp. Á. F. Estall, Lam Ying- garding the licensing of eating one hit him on the head. How Street, and Miss Leung Kin-hing.
fat, Lain onoi-yau and Lam Kun- Defendani, who was arrested tái were remanded for 48 hours houses and restaurants described ever Khan succeeded in bringing of No. 17 King Street, took place when he came out with the fron, when they were charged before Mr, them as a building. A Junk not accused to the station. being a building, could not get a
at the Registry, Supreme Court, was fined $15 or two months' hard Balfour yesterday with having rob- licence for selling food.
Accused was fined $5 on the yesterday, with Mr.
Reynolds, labour.
bed, with others not in custody, coming into the harbour, he said, arst oharge and $15 or one month Deputy Registrar, ottelating. Li Fat, 55, who was charged with Lam Gang of HK$152 and two stealing 50 pounds of coal from the chickens, and Lam Fuk-sang of an Game Company, was remanded for electric, torch at an unnumbered 24 hours
Accused, who had three previous April 19.:
stat at Nam Kok Trl, Mui Wo, on convictions, only admitted one.
Ships
sold food to its passengera for money without a licence and a junk must come in the same category.
"It is one of the most unreason-
on the second charge.
able and foolish bye-laws I have HUGE LOCAL ESTATE
ever seen," said Mr. Loseby reter- ring to that particular section.
Mr. Sheldon disagreed and sald that in the case of liners it was a technical offence,
PREVIOUS CASE
LEFT BY MERCHANT
Large local estate, valued at
Mr. Loseby then cited a previous Tung, alias Wong Bia Kwong, etc., case in which Mak "Bai-king was general merchant, who died at the
ANNOUNCEMENTS
Mr. Peredur Wanam Jones, minister of religion, of the Motho dist Missioni, Fatehan, Canton, and clerk, of No. 438 Green Lane, New Mias Muriel Eileen Looseby, bank Eltham, London, England;
•
•
Mr. Ko Ngok Lag, office assig
GAMBLERS FINED
MARINE COURT
Man Wan, 40, mason, of No. 36, Bulkelay Street, was charged be-
PROHIBITED AREA Fines of 330, in default a month "Mr. Wong Tat-chuen, building fore Mr. Anderson: yesterday with $1,127,800 (provisionally), had been contractor, of No. 194 Johriston keeping gaming house at the the Magistrate, Cmdr. I. c. with Hard labour, were imposed left by the late Mr. Wong Wing. Road, and Miss Ting Tux-chan above address allas Wong Yiu (or In, or Yew) of No. 9 Hing Hon, Road"
Twelve others were charged with terday on three masters of junka |Stiff, at the Marine Court ́ ́yes- gambling.
charged with having anchored Pleading not gulity. Man said their craft in a prohibited area. summoned before Mr. Sheldon on age of 76 years at his residence, tant, of No. 481 Reclamation that they were all fellow workers the Tahong Channel Minefield.
No. 142. Taipo Road, Kowloon, on Street, thira noor, and Miss Biu having a game of Fai Kau and he Aug, 16, 1940.
Kit-cheung, school mistress, of was not the keeper.
Two sanipan men, charged with Probate of the will has been No. 422 Reclamation" Street Sgt. Moss accepted the state- having laltered within a 100 yards granted on the petition of Wong second Hoor;
ment. He said that a rald was of the seawall of the Naval Dock- After further submissions by Mr. Kam-pun, allas Wong Parkin, alias
carried out about 10.40 p.m. on yard, were aped $10 each, Loseby, a formal conviction and Parkin Wong, alfas Wong Pak-kart, Mr. Bun Wen-pet, staff of the Baturday and $2,70 table, money a caution was registered against de-compradore, of No. 10 Pelho Street, Commercial Press, of No. 95 Leign
FINES IMPORED fendant.
and Wang Kam-chow, alias Wong ton Hill Road," and Mika Obeng Mr. Sheldon said that he would Chow, merchant, of No. 102 Apllu Kam-fong, of No. 114 Lockhart give his reasons in writing,
Streat, two of the executors.
Road
Oct. 6 last for selling cooked food on hoard the same boat without a licence: The summutig was dis- missed.
*
LOTTERING CHARGE
was picked us Three Campan men, chargen Defendants were exch fined $5: with having unitvfully moored The table money was ordered to be their craft inside the Causeway placed in the Poor Bor
Bay Typhoon Shelter, were fined
$5 each.
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Tel. 28151.
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