1924-12-04 — Page 7

REBUILDING RESTAURANT.

APPEAL IN POSSESSION

CASE.

Anothor. interesting onse to decide whether a notice, in which It was stalad that the landlord

}

THE HONGKONG TELEGRAPH,

POSSESSION CASE.

A MISSING WITNESS.

CHIEF JUSTICE DISMISSES MAGISTRATE DOUBTS HIS

APPEAL.

the

Tocovery

EXISTENCE. ·

at

A Full Court judgment was

An oplum case which had boon delivered this -morning in an continuously romanded since the appeal from a decision by Mr. 8th November, when Fung Yuk, Justice Dyor Ball in a Summaryja fomalo, was arrested on an Court case. was going to pull down and re-order for possession granted by of 120 taels of raw opium, was It concerned an allegation of unlawful possession: build the houses whereas he was the judge in the case of a do- concluded before Mr. D. W. going to leave the party walls estic tenomont at 468, Shang-Hamilton tho Kowloon standing, was good or bad, was heard before the Full Court thin hai Strecct. Mr. HB. Fitzroy Magistracy this morning morning, consisting of the Chief. G. Alabaster, K. C., for the fine $2,400, with the alternativo Defendant was mulcted in the) appeared for appollants and Mr. Justice (Sir Honry Gollan, K.C.)

raspondents.

of six month's hard labour in and Pulano Judgo (Mr. Justico

His Lordship the Chief Justice default. Mr.. C. A. S. Russ ro- Gompertz).

Sald on Juno 13th, Mr. Justion presonted the defendant. The landlord, Lam Cho-yin, Dyer Ball make

ordor On defondant's first appear- servod a notice to quit on tho for

of once, the evidence of Rovenuol defendants, tho Kung Wo Re-posseeston by the plaintiffs of Officer Brown was that he enter- staurant Company, in respect of a certain domestic tonement, jed No. 562, Shanghai Street by the promises occupied by them at the ground floor of 468, Shangbai breaking down the door. In the West Point-six housce at Now. Stroot. Tho dofondants potition-rear cubicle he found accused 461 to 469a, Quoon's Road West,od the Govornor-in-Council to bonding down at the rear of the Tho notico atated. that exerclso his powore under Section [bed in the room. The revenue tho landlord

was going to 24 of the Ronts Ordinance to officer searched under the bad pull down and rebuild, but make an order that the provisions and found the opiam in an the defendant firm discovered of the Ordinance should not attacho caso. that it was intended to leave the apply in the case of the domestic Dofondant mado a statement two outer party walls standing, tonemont in question in the to the affect that the case wa and they declined to quit on the appeal. On July 3rd, the Governor left there by a man. The hearing ground that the notice was bad, made the order applied for. was adjourned for the man to bê An action for possession was thor Armed with this ordor, the produced by the defence, heard by Mr. Justice Dyer Ball,defondants applied to Mr. Justice in the Summary Court, who hold Dyer Ball in Chambers to rescind that when the case came before for the defendants on the ground or vary his order for recovery. Mr. N. L. Smith, that Magistrato that the notios to quit had failed In a judgment on Aug. 14th, Mr. arranged that a subpoona be to state "the exact naturo of Justice Dyor Ball refused to re-issued for the man to be brought

scind or very the order for possus-forward if he could be found. the plaintiff's intentions.

sion and the appeal was brought. His Worship-What has hap. The sction heard this morning Mr. Fitzroy appeared for the pened? was an appeal from Mr. Dyer appellants and a great deal of his Mr. Ruse I don't know what Ball's decision, Mr. Eldon Potter, argument was to attempt to has happened. It is usoloss now; K.C. (instructed by Mossrs.convince the Court that the caso he is probably gono. Deacons) appearing for the land-fall within tho discretionary His Worship-I prosonally do

This morning Mr. Ruse said

Mr. Russ-I do, because my cliont told me he oxsisted.

lord, and Mr. C. G. Alabastor, powers conferred on the Court, not believe in the existence of K.C. and Mr. F. C. Jenkin but when closing his reply he tho man. (instructed by Messrs. Hasting stated that he did not ask for any and Hastings. Donnye and action by the Court under Section Bowley) appearing for the tonant 4 (4) of the Ronts Ordinance and His Worship-I have not such, Company.

that his real ground of appeal a childliko belief in your client Mr. Eldon Potter, in addressing was that Section 4 (1) () of the as you have, Mr. Russ, the Court, said that the facts wero Ordinance was repealed by the In imposing the abova sentence, not in dispute. It was admittedly Govornor's Order-in-Council of his Worship said he would have the intention of the landlord to July 3rd and that the Court could sent defondant to prison for one pull down the houses with the not on appeal uphold the order for year, but oxception of the party walls at recovery of possession of June

13th. oach end. Everything else was coming down and it was

In his opinion, there were entirely now building in every noither express words nor a conso of the term. The landlords plain implication in Section 24 of were leaving the party walls for tho Rents Ordinance that an the very good reason that they Order-in-Council made by the

an

ho had an idoa that there might be some ono elso in the caso and he was also taking into consideration the fact that she was a lady.

could not pull them down except Governor is to divest a person in FURTHER ROBBERIES. by virture of certain provisions whose

LE

favour an

order for

PICKPOCKETS VICTIMISE

LADY.

of the Public Health and Build-recovery of possession has boon ing Ordinanco--such as the walls made of his rights under such being defective or not of sufficient order. It was also to he noted width. Mr. Justico Dyer Ball that Section 12 of the Interpret- had held that the notice to quitation Ordinance prosorved rights

Miss Patterson, of the Blind was bad, but he (Mr. Potter) and obligations which arise under Home at Kowloon City, was contouded that when the notice repealed Ordinance unless

painfully aware of the enterpriso stated that they wero "going to

the contrary intention appears in of pickpockate, when walking in the repealing Ordinaco. pull down and robuild” it was a

He Wallington Street yesterday. A suficiently clear statement of the therefore dismissed the appeal wrist watch which she kept in a nature of the reconstruction.

Mr. Justice Gompertz coneur-reported the occurrence at the wrist bag. was stolen. She Tho plain noaning of the language used was obvious to

Contral Police Station. Mr. Alabaster, for the re- any normal person and thoro

Miss Wong Yin-hoong, living had been no attempt to deceive or pondente, asked the Court to at No. 21 Old Bailey, has reported mislead the tenant. The tenants certify for two counsel.

The Chief Justico:-If your understood perfectly that the old houses were coming, down and clients luxuriated in the employ, mont of two such eminent new ones going up. That was

with Goste.

rad.

precisely what was going to hap-counsel, I'm afraid, they must pen, except that two party walls pay for one. (Laughter.) supporting neighbouring houses

were going to remain because they could not pull them down by law.

Mr. Potter proceeded to argue

on the words "exact nature"

CRICKET:

H.K.C.C. TEAMS,

required by Ordinanco, contend- The H.K.C.C. teams for Satur- Ing that to pull down and day, matches commencing at 2 robuild" was in conformity with p.m., are that zoquirement.

The case is proceeding.

EMPTY CARTRIDGES,

to the Police the theft of a diamond ring valued at $800, she left on a wash-stand at the

To To Sin Rostaurant whilst

washing her hands, yesterday."

HERO OF TAKU FORTS.

Will Of Officer Who Hoisted Union Jack.

"A" v. East Surrey Ragimont, Gonoral Sir John Hart Dunne, on Club ground.-R. E. A. Webs K.C... of Fortfield-terrace, tor (Capt.), C. Blaker, J. D, Sidmouth, Devon, who fought Humphroys, Col E. D. Matthews through the Crimean War and G. H. Piorcy, Rev T. B. Powell, boisted the Union Jack at the Capt. R. F. Walker, F. N. Young, capture of Taku Forts in China, M. M. Maas, J. 11. Crutch and

left unsettled property valued at L. P. Ralph.

£17,384.

THURSDAY, DECEMBER

MAC'S CAFETERIA

FINEST IMPORTED FRESH FRUITS including special

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AND AN ASSORTMENT OF

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Just Arrived

IN

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Also a Choice Assortment of FOSTER AND O'REAS AMERICAN CHOCOLATES FRENCH MIXED CARAMELS AND MARSHMALLOWS

Hot and Cold Dishes served from 12 Noon to Midnight. PRICES MODERATE.

The Hongkong & Shanghai Hotels Ltd.

WRIST WATCHES

FOR

CHRISTMAS GIFTS.

102

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*Prices of application.

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Ring up

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and

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JEWELLERY DEPARTMENT

HONGKONG HOTEL BUILDINGS.

'PHONE C. 4567,

EARLIER TELEGRAMS.

ANGLO-GERMAN COMMERCIAL TREATY.

London, Dec. 3., Manufacturing interests are anticipating. a welcome Increase of trude from the Anglo-German treaty which, according to published i forecasts grants Great Britain the lowest German tariffs on all essential British products, notably textiles and motors, and gives. freedom and opportunity to British services like shipping, bank- ing and Insurance,

"B" v. Civil Servico, at Happy

The will of Sir John, who died FIVE CASES CONFISCATED.

Valley--R. Hancock (Capt.), A, aged eighty-nine, on April 20, is Vory interesting disclosures C. I. Bowker, H. J. Armstrong, G. voluminous documout of 140 wore mado at the Kowloon B. Ilett, L. D. McNicoll, G. R. folios, and to most of the night. Magistracy this morning when More, W. W."Mackenzie, D. E. G. codicils is prefixed a signed state- Sergeant A. Birby applied for the Nicholson, H. Owen Hughes, mont by two medical officers that confiscation of five cases of empty E. F. Stowart and A. K. Mackon-they had examined the testator cartridges found on board the a..zie.

immediately before its execution, Phranang. The cases wore found 2nd Eleven v. Police, at Happy and that he was of tostamentary in the No. 1 hold, on the in- Valley. R. Macalpina (Capt.), capacity and fully understood the formation of the Chief Officer, M. M. Watson, H. Griffin, H. M. provisions of the codicil, on the 14 November. They Howoll, G. R. Vallack, J. P. Taking into considoration the word put on board

in Bridger, H. J. Stevenson, C. Tgreat uncertainty now attached

The Inst named is regarded particularly valuable in view of Τουρκοκ and boro the Fowlo, R. K. Hopburn, H. Sploor to the possession of privato

the precarious condition of many German Insurance concerns, . rosidential.castles and mansions mark of the Kwong Yuon, marine and J. R. Way.

In return Germany secures from Britain a promise to repeal; doalore. The cases had bean

in this country," the testator left all ex-oremy discriminatory logisintion involving substantial moral his Grand Cordon

passed by the export department}

of the and material advantages, and incidentally permitting the employ

as old brass and a certificate to CATCHING THE FERRY. Hedidiah and Stars, bis Knightment of Germans on British ships, against which sime protests are

that offoot was in the Import and Export Office. Enquiries wore mado at the Kwong Yuen firm

and they denied all knowledge of the goods.

In answer to his Worship, tho Sargeant said that some one had forged the Kwong Yuon mark.

An order of conflecation was

DANGEROUS PRACTICE ENDS IN INJURY.

Commandorship of the Bath already audiblo,

Paria, Dec. 3.

and Star, Ürimoan and China' medals, Gonoral's aword and sash,] ·

The Matin understands that Franco-German. commercial nego- Infantry sword, and an oil paint; tiations are proceeding towards a European entente concerning the log of a Chinese Sleeve dog Just as a launch was drawing "Prosented by Queen Victoria to production of conl, iron and stool and their distribution among the away from the old Yaumsti Ferry Captain Dunno in 1862," subject markete, and taking into consideration the necessity firstly of giving a duo share to the English coal Industry. Secondly of avoiding wharf at the Praya Control yes to his wife's life intorost, to his terday, a Chineso sought to covor son Franois and his heirs in tall, under and over-production. Thirdly respecting the rights of coun the increasing space between the but in the event of his son dying tries not producing coal and iron-Reuter Iaunch and the wharf in one without issue, he loft those ANOTHER SEIZURE, loop. He missed; and, falling in articles to the Tower of London Thirty-three automatio ro- between was badly orushed about" as the property of formor volvere, fiva Mauder pistols and the legs.

Libutenant of the Tower," or to 5,600 rounds of ammunition found The man, who is a fish-monger, the United Services Institution, on board the s.s. Rosandra on was taken to the Government the United Services Club, or such Tuesday by Bergt, Simpson were Civil Hospital in an almost un- other military institution as ejedordared to be confiscated, consplous statafimedita

would scoopt them.

made.

U. 8. SOLDIERS BONUS..........

Washington, Dec. 9, . The Sonate has passed as urgent the Deliciency Bill, which in- cluded provision of first your payments of soldiers' bonus.-- Router's Americas Service.

1924.

-Porren

Telephone C. 3146

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NOTICE

THE ADMIRAL ORIENTAL LINE

Announces that the

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Voyage 68-H

will sail from Hongkong for Victoria and Seattle via Shanghai Kobe and Yokohama

DECEMBER 5th at 6.00

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