1929-05-28 — Page 7

PROPERTY LEASE DISPUTE.

WRONGFUL SUB-LETTING TO CINEMA ALLEGED.

LAW ON MONEY- LENDING.

THE DATE OF A LOAN,

"

THE HONGKONG TELEGRAPH,

SPURIOUS CHINESE

BANKNOTES.

NORTHERN CHINESE CHARGED WITH POSSESSION.

Mr. Justice Humphreys In the King's Bench Division recently *gave judgment in the action

Bonde, THREE MEN & WOMAN. moneylenders, of Old Bond-street, | against Lord Askwith, of Cadogan- gardens.

POINTED QUESTIONS. brought by

An action in which the posses- sion of land and meane profits are claimed, was commenced before the Chief Justice (Sir Henry Gollan) in the Supreme Court this morning. The plaintiff is Ip Shai- shan, No. 183, Latchikok, Road, Shamshuipo, and the defendants are Li La-chuen, of Laichikok Rond, and the Ming Sing Cinema.

Mr. Hin-shing Lo, instrueled by Mr. F. X. D'Almuda, senior, in for the plaintiff, while Mr. Eldon Potter, R.C., together with Mr. F. X. D'Almada, junior, Instructed by Mr. G. K. Hall Brutton, is de- fonding the owners of the cinema. Li Lai-chuen did not appear."

The plaintiff's case is that he is entitled to possession of ground re- gistered at the Land Office as New Kowloon Inland Lot No. 992. He alleges that by an indenture dated September 21, 1926, the plaintiff demised the ground to Li Lat chuen for the term of 12 Chinese years, from December. 20, 1026. By the indenture L Lai-chuen agreed that he would not assign or part with possession without first obtaining the plaintiff's consent in writing.

Mesars. Gaskell claimed £550 alleged to be due to them under a guarantee signed by Lord Askwith, whereby he guaranteed the pay ment to them by a Mr. Thomas Jackson of a promissory note for £550. They advanced, Mr. Jackson £475 upon the note find he had de- faulted. They were not asking for interest.

Mr. Justice Humphreys said that Lord Asicwith took up the position that, he as surely, ought not to be required to pay unless Jackson were Hable.

between Jackson and the plaintiff's The defence was raised that as the transaction did not comply with Section 6 of the Moneylenders. Act. A loan could not be said to be made antil the money borrower, and it was quite clear in was paid to the this case that the money was hand- e over on August 17 and

the August 3. S stated in memorandum.

not

"In my view the loan was not made until August 17, and I there- fore hold that in the memorandum the date on which the loan was made is wrongly stated," said 1 lordship.

Бін

According to the plaintiff, Li Lai-chuen has committed a breach Moneylending tranactions (le of the agreement, inasmuck as he continued) were hedged · round; has parted with possession to the with restrictions and importanço Ming Sing Cinema and other per- † was attached to the accuracy of the B003 unknown. without first date upon which it loan was made. obtaining the plaintiff's consent. The transaction, in his view, wna In opening his case, Mr. in- not therefore one which complied Shing Lo stated that the plaintift with the terms of Section 6 and the owned two lots of land, Nos. 092 surety was not enforceable. The and 1,006. It was his intention to action failed and there must be build eight houses and four had judgment for Lord Askwith. already been erected on, the latter Judgment was accordingly enter- lot. No houses, however, haded for Lord Askwith with costs.. been built on lot No. 992.

Land Lensed.

BRIGHTER DRAPERY

STORES.

THE VALUE OF NEWSPAPER

ADVERTISING,

Counsel continued that Li Lai- chuen approached the plaintiff. and asked him to lease the lant for the purpose of building a viueina on R. After some discussion, the plaintif agreed to lease the lamt to Li Lalchuen. Both parties

The need for better and bright- Signed a preliminary agreement, er stores, and the value of newa- *4 document upon which the

advertising, defence would largely rely phasised at the Conference of the Later the actual agreement was National Chamber of Trade. executed in Mr Brutton's office.

WAS the plaintiff's intention

paper

were

Mr. James Stanworth, the retir. Spanking with regard to the ing president, stated: "We must draft agreement, Mr. La said redouble mur efforts to improve throughout to leise the ground to shopping facilities in our towns Li Lai-chner, In the fatter had and cities. We must have better committed a breach of the lease and brighter stores, and by pub- herause he had sub-let the ground licity in local newspapers impress to the Ming Sing Cinema, who had upon the pallie the value

and been permitted to defend the acervice we have to offer, striving tion as second defendants at their all the time to reduce costs and own request

charges to the producer and the

Aldernîn H. M. Lawin, of Ox-

Asked Forgiveness.

The trial was commenced before Mr. E. W. Hamilton, at the Central Magistracy this morning, of three Northern Chinese men and a woman on a charge of being in possession of spurious Chinese banknotes,

TUESDAY, MAY 28, 1929.

PRINCESS AND SOLICITOR

REFEREE'S STRONG

CRITICISM.

The hearing was conclugod re cently before the Oficial Referee,

A STOWAWAY IN A COFFIN.

CAUGHT WHEN CHANGING QUARTERS.

FILIPINO "EMIGRANT."

wns

Mr. E. W. Hansell, EC, of the action brought by Mr. George Stanley Brighten, a solicitor, of princess Paleologue, now living at dent Jefferson at Manila, Iverna-court, Kensington. against detection after boarding the Presi

An ingenious method of avoiding Pollards-hill, West Norwood, to adopted by a young Filipino who cover £770 as the balance of cash stowed away to Hongkong. It tions said to have been carried out conceal himself in a life boat after this to him upoi a series of trade-was while the man was trying to having previously been hiding in a coffin that he was discovered and placed under arrest.

her behalf.

The Princeen pleqded that Mr. The table was littered with a Brighten, who was her trustee

When brought before Mr. T. S. vast quantity of notes which the under the will of her mother, had police exhibited as forgeries saized not rendered her any account and Whyte Smith at the Kowloon on the accused and in their bag that he owed her £4,345. This Mr. Magistracy this morning the de-

Brighten denied.

fendant told his Worship. that Hage at the time of their arrest.

Hongkong was not his destination The prosecuting police officer The Official Referee, giving judg-as he had hoped to reach America. not pressing for a mentioned that the police were mint, said that the defendant from . Detective Sergeant Humphrey, committal, onwards was constantly asking who pinsecuted, said that there being convinced that the accused Mr. Brighten for advances beentis must have been some one on the were merely passing through the tradesmen were pressing her, and ship who had assisted the defendant Colony, without any definite ob-it was only when he, in 1927, found as it was difficult for him to have circulation here. jeet of placing the forgeries into flat he was considerably out of got on board in a coflin unaided.

parket and began to think that it His Worship imposed a fine of was time ho was paid that tho $50 or one month's hard labour In Princess turned against him.

default.

fi

Detailing the circumstances through which the accused came. to be arrested, he said that n When he brought his action sho Chinese detective saw the woman authorisin defence which he (the

Official Referee) could only describe WAR ON WORDS IN THE nan disgrace to legal proceedings, Many charges of the grossest fraud were made against Mr. Brighten without a job of evidence to sup- polt them. Accordingly that de fence was struck out.

FOR EAST RIVER,

General Man Hung- yan, who has succeeded General Tang Ying-wah- as Commander of the new 2nd Division and has been ordered to exterminato General Hau King-tong's troops on the East River.,

TICINO...

A TAX ON FOREIGN INSCRIPTION?

Dealing with the Princess's claim

Zurich, Apr. 25. for expenditure in connexion with

Though Lugano and Locarno and the dog breeding Imsiness entered many other places in the Ticino by Lieutenant Commander live on "Fremdenindustric," the Dalrymple-ny, the Oficial Referee Ticino patriots feel noue two kindly said that that young gentleman towards their visitors They arn tried to convert his grandmother's now loading an attack on insexip. house into a breeding establish- tions and advertisements in other ment, so that life became unbearInnguages than Italian; not even able to her. Her bedroom was French and German, which aro turned into n nort of Queen"national languages" in Switzor- Charlotte's Hospital for the female, ladd, find favour in their eyes. Tho Alsatians, and the whole house inhabitants of Interlaken or was mnule practically uninhabitable. Lucerne do not mind such harmlesa As to the chargeń brought against mottos na "On parle francais" in Mr. Brighten of taking any financial the window of a barber's shop or dvantage of the Princess, they "English spoken" at the door of were groundloss. Ho. went out of A chemist's. But tho Ticinese-nt Court without Th shadow of leasb nomo of them, though not th Auspicion

his charactor, hotel-keepers and shopkeepers-are upon Therefore there would be judgment of a different mind. for Mr. Brighten for £779 106. Ml., the sum claimed, witle costa.

4

THE TIN CRISIS.

hand la 1 nole at a money- changer's shop near the West Point Police Station, and saw the

per being refused by the EXPERTS VIEWS ON FUTURE coding, approached changer and returned to the

woman.

He followed her from the shop,!

OF PRODUCTION,

A'motion has been carried in the Legislative Assembly charging the Government with the maintenance of tho Italina character of pincards, inscriptions, and advertisements in the streets. The Government, 'doubtful, of the legality of the pro- Profesor Burckhardt of the University of Berne with the following questions: Have we the right to forbid the public exhibition of any inscription in a foreign language? If not, can we demand that such texts be pra written in larger print? May we levy a special tax on foreign in

swered that there is such a right, scriptions, and, if so, how high may it be Professor Burckhardt - and that, as the Contitution does not provide for them, the Canton

London, May 27. Mr. Frank Lochner, one of the and saw her hand the paper to leaders of the in industry, has a man, after which they walked returned with Sir Cyril Butter away a few paces and were then from an extensive tour of the tin-coded by a translation in Italian, joined by another man.

producing areas in the Far East.

Interviewed by Reuter, he de- Arrested at this point, the three faise banknotes, while a farther British interests have a wanderful were found to possess allegedly glared the industry was, heading for a severe crisis, from which wad of doubtfel notes was acized opportunity to anve it, chiefly by

in a

auitcase in the boarding

asing up-to-date methods, and per-

The pint had no idea of the the Press campaign,, which, he ford, the new President, referred breach until he received a letter said, had been waged against the from Messrs. Hall Bration and Shop Hours' Act. He paid a house where they were staying sunding European-owned tin com- is free to settle. them as it likes. Company in April, 1928, askingute to the Home Secretary for plaintiff to do certain things with the way in which he had consis Incidentally, a third man, who was panies all over the world to agree regard to the transfer of the tently defended the measurer in also taken into custody,

found occupying the room. Was lease. He then wrote to Li Laiherre attacks.

to a common policy of production chucut asking him why he had

and marketing, On the President's suggestion, transferred the lease without the Conference sont

Replying to the Magistrate, the

Mr. Lochner Inspected fifty pro- a telegram police offer said that the accused, perlies, and not one owned and obtaining his plaintiff's) written to Sir William Joynaon-Hicks, on a previous appearance before worked by Chinese has modern consent. In reply, Li Lab-chuen stated that he was hard ap and that he had taken.

congratulating him on the stand the Court, had expressed a strong machinery. They are still in the repugnance against being detained pick and shovel stage. The pro- in custody. The third man had duction exceede the consumption, been ill for some time and he was prices thereby being forced down. new before the Court for the first The output must be rationed, and central selling organisation time.

The case is proceeding.

asked to be forgiven. Plaintif then determined the lease.

Dealing with the defence, as set out in a statement for the Ming Cinema Theatre was in possession Sin Cinema, Mr. Ta said they the property and building that denied the plaintiff was entitled | teatre?—I did not now.

to the ground or that there had.

I am going to suggest that your

be a breach. The stalement story is entirely false and that you

new from beginning to end that to be built on

further said that, prior to the this property was making of the lease, it was agreed behalf of this syndicate?- deny between the plaintiff and some that. promoters of a company to be

You didn't care who owned it-be- formed for the buliding of the cause if the rent was not paid theatre, that Li Lai-chuen should under the lease, the property re- be the nominee for the purpose, verted back to you That is not. It is further contended that the fuo. plaintif had full knowledge of the I put it to you that in April, facts and is therefore stopped 1926, you were interviewed by a from claiming.

man called Ma Hi and by Li Lai-

In cross-examination by Mr. chuen with regard to a scheme for Eldon Potter, plaintiff said he did the building of a cinema theatre? not know who built the cinema,Yes.

Pressed, he said he knew that Li Their suggestion was that, it Lai-chuen was looking after it, but would be a good thing to build a he did not believe that he was cinema in the Shamshuipo-Laichi-, financing the project. It had just kok district as at that time there been started when Li Lai-chuen's was no cinema there? They dia- business was closed early in 1927, cussed that,

Plaintiff Reproved.

In Wah-shin, your agent and rent collector, Introduced these At one stage of the cross-ex-men to you?-Yes, but Ip Wah- amination, his Lordship said he shing does not only collect rents was not impressed with the way for me.

|

witness was giving his evidence, They told you that the ground and later Sir Henry Gollan' in- owned by you seemed desirable for structed him testauk up straight | a cinema?—Yes.

and look towards the Court:

Asked by Mr. Potter why he did not intervene when he know people were building on his land, witness aid he had no right to intervene.

Their suggestion, was that you" should build it and lease it to a syndicate formed by them?--Yea.

•

Inclined to Accept, You were inclined to accept that and went to Clarke and Ju, your architects, with a rough plan and asked them to give you, an estimato for the building 7-Yes.

Mr. Potter:-You are a business man and own property: Do you tell us that you have no right to prevent a stranger from building on your land?-L La-chuen was looking after the building of it, It was you who instructed Mr. Yes, but It was not his theatre? Tong, of Messrs. Clarge and Iu, -He was still attending to the to prepare a plan, submit it to the building,

Did Not Know.

.

P.W.D. and give you a building estimate?I did not do that. Li Lai-chuen instructed him to do

The case is proceeding.

I put it to you that you knew a that. ayndicate called the Ming Sing

ย

formed. Reuter,

Noista, av HKA BERVICE, ING. USE FLA. V. 8. PAT, OFF.

"I decided to take up painting as something to fall back on in case my musical career lan't successful."

11n-

If the patriots have it their own way, Buth dangerous words s Tourist Offoo" or "Munchner Bior"

may disappear. The patriotic Chango" at the banks will be overshadowed by, n larger "Cambio," and the treacherous "Fahrkarten" at the booking office by a fat "Biglietti." The intended

opens a field for wild speenin gests the careful distinction be tion, especially as the export sug-

tween "moro and less" foreign languages, English belonging to the- "more."

But there is т well-founded rumour that the eireles interested in the comfortable accommodation of visitors have approached another expert, who, being in their pay, will be somewhat more considerate towards their business interests.

MARINE COURT.

QUESTION OF A BOAT LICENCE.

POWELLS

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When the mistress of a passenger

boat was brought before Commdr. J. B. Newill, D.S.O., R.N., at the Marine Court this morning on two counts (n) for lying Inshore dur- ing prohibited hours and (b) for falling to show her licence when required by the police, Bgt. Galvin, who prosecuted, informed his Wor- ahip that ho wished to withdraw the second charge,...‚1

In answer to a question by hla that Worship, Sgt. Galvin wald after defendant was arrested, it. was found that she was not the mistress of the boat, but had only, been left in temporary charge of the craft. The real mistress was ashore, said Sgt. Galvin, and the defendant did not know where tho Heence was kept, in consequence of which she could not produce it which he asked for it.

In view of the fact that defen- dant was not the mistress of the boat and was therefore not respon- afble for the licence, his Worship dismissed the second charge but in- filcted a fine of $10. on the first charge, to which defendant pleaded guilty.

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starring

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and brilliant cast of players

THE

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