1923-08-18 — Page 2

NOTICE

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SATURDAY, AUGUST

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showed that the portion was in. faet first let" within the meaning of when the wbüle floor W let. It was common rentsense of considerable in-grount that the whole floor was leg terest and importance came before on the 31st December, 1990, and the Puisto Judge (Mr. Justics H. Wherefore this portion. straining J. Gompertz) in the Summary Court the true fiess in order not to dri yesterday afternoon. It

feas the object of the Aeth» Courts hearing of an action tried last at one had held that although month, when His Honour gave not the subject of a separate let judgment in favour of the plaintif ting, nor a separate sent, nor even for $77. It was shown evidenceeenpied by some Body independ that the plaintiff (the tenant) palantly of the person occupying the *17 a month for the ground floor whole floor, the portion must be af 134 Peel Street and sub-let a treated as having been let as part portion of it to the defendant for of an undivided whole if there had So a month. In his judgment Mr. not been any substantial strdetural

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The difficulty which His Honour Mr. F. Jenkin, instructed by had on more than one dccasion Mr. M. A. Lo, yesterday appeared voiced with regard to the Rents

apporting for the subtenant, and Mr. M. M. Ordinance was that of Watson, of Mesars Johnston, Stokesment by reason of the absence of any machinery for apportioning the and Master for the tenant.

Mr. Jenkin explained at the out exact value of the standard rent of set of his spacch that this was a the portion That difficulty waS review granted on a "judgment"de.one, Mr. Jenkin thought, which accu livered by This Honour on the 10th not exercise His Honour's wind July last, for which application had very much, for the reason that so beca made in Chambers. He inlong as he (Mr. Jenkin) could es.. tended to proceed very mach upstablish a maximain beyond which the same authorites as Mr. Lo diu the plaintiff could not recover, the When the east first came on, but fact that they could not, for want should travel along a slightly dif of some machinery, ascertain, the ereat line of argument. Although exact fractional part of that maxi- the question before His Honour un fuum, was immaterial for the pur the original bearing was whether pose. of deciding whether he could, or not 87 was the standard rent recover $77. He submitted that it et portion of the ground floor of would be, reducing the Ordinance 13 A Peel Street, be desired in the to an absurdity, which was a result roview to put it this way: Is 87, always to be avoided, tit, because by virtue of the Rents Ordinance, they could not ascertain the frac recoverable as ront by the plaintifftional part, the landlord should be fîn 'respect" of the portion of the permitted to "recover any excess of door, the rent of the whole floor the maximum. His Honour WILS at the time of such sub-letting being precluded by the Ordinance from $37 only.

allowing the plaintiff to recover any excess of the standard rent of the portion they could not ascertain The key to the maximum amount the exact figure of the standard reat recoverable in all cases coming

of that portion, but what they did within the ambi; of the Rents Or- dinance, was to be found, Mr. Jen-certain was the figure which it could not exceed, which was $37: kin proceeded, in the definition of

Therefore the plaintiff. could not standard reut in section 2 of the recover 7 because the maximumn dinance. It had to do with what was described as the "letting dato." There were four dates specified in the Ordinance, although it appear ed to him there were only three reality. There was the date Decem ber, 31st, 1920, there Wils ante- December 31st, 1920, there was post-December 31st 1920, and therë was post the commencement of the Ordinance, which was poul-16th June, 1922 The last two appeared

Mr. Watson point out the dis to him to be really one date, and

the status of having been let within tinction in regard to apportionmen! that was post-ist Depember the meaning of the Act. He sub of standard rent between the Home

The Letting Date.

was $37.

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which were different from the was an omission which the Legis HEUNG HAN AFFAIR. three considered judgments deliver say what the standard rentur. not for the Court to do so.

Jr. Jenkin proceeded to refer tu Home Acts, that the Court could lature should remedy and it was at Homupon the point. The If the Ordinance allowed the Mr. Jenkin having replied. His Courts had sistently held that Court to say that the standard rent Honour reserved judgmont..

Jue Chock-Man Explains hi hetirement.

A telegram is circulated by Mr. Jue Chock-mon, former magistrale of

any portion of a house shall be of the premises was $77, then the "devaned to be first let if it had been Court must say so. The cazer a portion previously of a house quoted by the other side all dealt which had been lot as a whole. with apportionment and had no re- THE LINCHING AFFAIR. Heungshan district who was driven. That was to say, that the letting ference to determining the stand.

of a house on any date would in-ard rent at any particular time.

art to every portion or that house

Peking Acknowledges Receipt of Note.

oot of his position by Yunnanosa troops some time ago, explaining that he bud on band. more than 5000 troops at the time the Yun- aaneso troops arrived and firmly

justify His Honour in bolding that mitted that the learned judges in Act and the Hongkong Ordinance Peking, Aug. 17-An acknow-believes that the Yunnanese troops 877 was recoverable in respect of the portion of the door he would gland would and that this por- The Home Act spoke about a dwell-ledgmont of the Lincheng note sent there were no match for him a fight. The reason why he have to hold that the portion, was tion of the ground floor bad in facting house let, and the Ordinance to was sent by the Waichiaopu te in

been let on the 31st December, 1920,

the rent recoverable from a tenant the Dean of the Diplomatic Body retreated and avoided a conflict "first let when it was, in fact, first and was not first let at 57 in May, in actual occupation a very mate on Thursday. Dr. Wellington Koo, was that the Yunnanese troops

trial difference. The Ordinance.

was in fact first separately

separately let in May, 1993. If the jug. To say that man ander the clearly laid it down that the firs: replying, to correspondents' ques-claimed that they had come by or meaning of the Ordinance when it portion was not "frs: let" within the Ordinance could recover any excess letting should be the standard ren:tions today, said that the Govern-der of the authorities in Canton..

of the mazimum which the law at went further and said the ratement would do its utmost to ex-Whon the Yunnanese troops were ei

Mr. Jenkin said, of rent first let to a tenant in ar.pedite a reply. Chang-hu has approaching Sheki, the capital of lead wo grave absurdity. He taal occupation." could not see how His Honour could construe the Ordinance as to allow

in May, 1921, then 577 was not

m

coverable. In order to find that il was "first." Jet" when it was first

lowed, would,

It appeared to him that the

separately letin May 1939-HI* the recovery of an excess above the Legislature had overlooked this

things:

Honour had to find two first, that the portion was a domes

tic tonement in Inw, which was not

aximum.

point, and so, he submitted it

returned to Peking and assumes the district, several launches be his post to-morrow-Reuter,

longing to the Police Department at Canton, were soon with many Yun- nanese troops on board. Believing that the Yunganese troops really

was far them to amend the Ordin- YOU ARE JUST AS OLD Mr. Watson's Reply,

unce and not for His Honour to * you feel. A pair of correctly come by order of the authorities in in dispute because it came within Mr. Watson, replying, suggested do so. His friend had said that fitted glasses is a powerful factor Canton Mt. Jue led his own troope

Mr. Jenkin His Honour's interpretation was in making you the definition of a domestic tene that the Home cases

feel young.way and ordered them not to open. ment in the Ordinarice, and second-had quoted did not apply to Hong. against the spirit of the Ordin Efficiency demands that you fire pending further investigation."

wat wear glasses if your eyes are ont His troops were fired upon, how.. UNPACKED!y, that it was a domestic tenement korg and that the standard ret:ance. He submitted that it

was perfect. Fully fifty per cent. of fever, and he himself was slightly in fact by virtue of a substantial must be decided in reference not, because the Ordinance

not wear wounded by a stray bullet-Fearing the Ordinance alone. It had beer brought in to protect tenants in the people who do structural alteration.

the tíme. The glosses should do so. A great that serious trouble would result,, Mr. Jenkin said he was not going laid down by a learned judge a occupation at to assume what he believed to be a Home that no statute must be cer whole idea of the Ordinance was many are unaware of the real followed by subsequent disturb fact, that the portion when it was strued which would lead to an ab to prevent people fleeing from Can condition of their eyes until the

surdity. His friend had, agreg. ton to buy out tenants, who had examination is made. 1.be Honances everywhere, Mr. Jue con- first sub-let in May, 1925 had not with that, but Mr. Watson can been in cccupation here for years. kong Optical Co., successors to sidered it best to leave Heungshan *been the subject of substantial struc tended that that was exactly what The Legislature, having that idea Clark & Co., refracting and manu.with his troops for the time being. Lural alteration, but bad been mere would follow if it was construed before them, did not mind very facturing opticians, located in 53. In the meantime, he is waiting for ly the subject of the most super the way in which Mr. Jenkin wish much whether the people from Queen's Road Central, have the an explanation of the coming of ficial, sub-division. If there was noted. The Ordinance laid dow Canton paid more than the tenants equipment to teet your eyes ac- the Yunnanese troops to Heungshan, substantial structural lteration rules under which the standard of Hongkong. He submitted that curately. Testing the sight and the decision in the English Courts rent was to be determined, acd-it was not against the spirit of the fitting glasses is their exclusive on the Acts at Home so far as the was saly by applying those gales. Ordinance, but even if it was, it business.,

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