1939-03-08 — Page 35

Wednesday,

HONGKONG

PUNINU

าษ

17

Ν

S

U

THURSDAY, MARCH 9th, 1939 GALA DINNER DANCE WELCOME TO

"EMPRESS OF BRITAIN'S "

WORLD TOURISTS.

CABARET ENTERTAINMENT By the accomplished Spanish Dancers

LA PERI et JEAN VAR

WITH

ART CARNEIRO 'AND. HIS BOYS

AND

PIO-ULSKI'S TANGO ORCHESTRA

DANCING TILL 2 A.M.

ROSE

ROOM

LOCAL RESERVATIONS PHONE 58081

Ā HOTEL

A

THE

HONGKONG & SHANGHAI HOTELS,

P & O-BRITISH INDIA (APCAR) AND EASTERN & AUSTRALIAN LINES

(Companies Incorporated in, England.)

Taking Cargo on through Bills of Lading for STRAITS, JAVA & BURUMA, CEYLOR INDIA, IRANIAN GULF, MAURITIUS, E. & 8. AFRICA, AUSTRALASIA, INCLUD ING NEW ZEALAND AND QUEENSLAND PONTE, RED BLA, EGYPT, EVROPE, ETC

TENINSULAR & Oriental FortnigHTLY DIRECT ROYAL HAIL STEAMERI (Under Contract with XIM. Government,)

æti verzela may call at any ports on or off the route,-and the route and all astling are subject to change or deviation with or without notice.

Steamers

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RAWALPINDI "BURDWAN

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CORFU **SOMALI CHITRAL CARTHAGE

+*BANGALORE

* Cargo only

Tone From H'Kong about

0,000 18th Mar

17,000 18th March 6,000 25th Mar.

10,000 1st Apr. 0,000, 10th Apr.

14,500 15th Apr. 7,000) 21st Apr. 15,500)20th Apr. 14,800 13th May 0,000 | 20th May

Destination

Straits, Colombo, Bombay & Karachi.

i Marseilles & London.

B'bay, M'seilles, Havre, L'don, Hull, "H'bg, R'dam & A'werp. Marseilles & London. Straits, Colombo, | Bombay & Karachi.

Marseilles & London. B'bay. M'selles, Havre, L'don, Hull, H'bg, R'dam & A'werp. Marseilles & London.

D'bay, M'seilles, Havre, Lidon, Hull, H'bg, R'dom & 'A'werp.

† Calle Casablanca All vessels may call at Malta

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DO.

8,000 8th Apr. 10,000 | 22nd Apr.

8,000

DO.

DO.

8th May

DO.

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#3: Åpent Line Steatmers have excellent accommodation for let' & Rod clam pamSPECLINER EASTERN & AUSTRALIAN-SAILINOS (SOUTH)

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Japan.

dates are approximats, and subject to alteration without notice, parcela meeming pot more than 8 cft, will be received at the Company's_Omos up te nee en the day previous to miling.

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Mr. H. J. A. Hearne unsaddling Dekko after placing in the Northern Blakes at a recent race meeting.- Staff Photographer.

Local Solicitors Successfully Appeal Against Conviction

CONVICTED ON A CHARGE under the Protection of Women and Girls' Ordinance by Mr. R. A. D. Forrest, Chief Magistrate, Mr. M. H. Turner and Mr. H. J. Armstrong, of Deacons, successfully brought an appeal against the conviction before the Chief Justice, Sir Atholl MacGregor, and Mr. Justice R. E. Lindsell, Puisne Judge, in the Full Court this morning.

The charge against the appellants, who were each

served is Chue Cheong, the man who fined $25, was for having unlawfully permitted a building They contend that the person to be to be used as a brothel, after notice had been served on is responsible for the persons who them of the fact that the occupier of the premises had have been convicted. been convicted of keeping a brothel. Appellants are trustees of the premises, which are portion of the Paul Chater estates.

"

.'

herom divan. In

to

this

the

respondent's contention is correct, is

the

BANKS

THE CHARTERED BANK OF INDIA, AUSTRALIA & UIHINA. „Incorporated by: Royal Charter, 1221

“Paid-up Capital jo

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FOREIGN EXCHANGE and General Banking Businem transacted,

CURRENT ACCOUNTS opened XIXED DEPOSITS received for One Test or shorter periods in Local or Other Curs rencies at rules which will be quoted on Application,

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THE BANK OF EAST ASIA, LIMITED.

Authorised Capitai ********* B10,000,000,000. Pald-up Capital ......**** §£,008,000.00 Reserve and Undivided

Pratite ****............................. $ 2.778,726.10

HEAD OFFICE-HONGKONG 10, Des Voeux Road, Central

BOARD OF DIRECTONS—

Sir Shouson Chow, Chairman. Li Koon Chun, Esq. Fung Ping WAN, XOG P. K. Kwok,

LA Lan Sang Wong Yun fronts, Esq."

Chu Bon, Ind.

Chang Chung thek, Xaq. Kan Ying Po. ÎNG...

BAN TONG PO. 1, Chla! Manager, LI TSE FONO, Esq., Manager, DRANCHES AND AGENCIES:-

Amoy

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Sydney

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TOAYO

The

Kobe Kowloon London Manifa

Balgon

San Francisco Sortile

con-

"Another startling result, if the

this: Take the case of an owner a tenant the premises to who lets who, in turn, sub-lets them. tenant leaves the Colony and thus drops out. The sub-tenant is Appearing for the appellants. Mr.

case.cted of keeping a brothel, and if H..Ċ. Sheldon, x.c.. said the pre- the Magistrate, not Mr. Forrest, the Magistrate's contention is cor- misen liques.ion were the first floor suggested that the landlord should rect, the notice could be served on of No. 2 Swatow Lang, Wanchai. The go

the place under

the the owner, who can thus determine appeal was brought under Section subterfuge of finding whether the the sub-tenancy without reference 100 of the Magistrates' Ordinance.premises were in need of painting. and the charge against his clients Here, you have a Magistrate suggest to the tenant at all. After a few unfortunate tenant was made under the Protection of ing painting, and Mr. Forrest suggest-months, Women and Girls Ordinance, No. 5 ing going at "appropriate hours and comes back and is informed by the of 1038.

if this goes on, the trustees will have owner that his sub-tenancy has been determinedi The tenant gets no rent The

grounds for the appeal, said. to get a wardrobe of disgulses.

Mr. Sheldon then went on to say and no redress, and I submit it is Counsel, were (1) that there was av evidence for conviction; (2) that the that the Magistrate had found the indeed a novel proposition if Magistrate was wrong in holding that appellants had no knowledge, that it owner can determine contractual re- the appellants had not proved they steps had been taken they might lations which did not exist.

"The appellants' contention is that had no means of knowing the pre-have obtained knowledge, and that

the owner lets his house to a the steps had not been taken because if mises were being used as a brothel, they had in good faith miscontrued tenant who improperly uses it then, and (3) that the Magistrate was

the Ordinance, thinking it was not on the service of a notice, the owner wrong in law in holding that the applicable to their case. He sub- has power to put an end to the con- nolice had been properly served on

that mitted

these Andings were tract. On the tenant sub-letting his the appellants.

absolute nogative to

a sub-tenant and the rea, premises to connivance or wilful bindness and latter improperly uses them, then the ORIGINAL OBJECTION

unless these ingredients were proved tenant has power to gel un order

end -Counsel-said that in the Lower it was impossible register a convic- from the Magistrate to put an

the tion.

contract. This, in my submis- Court proceedings, he objected at the outset to the charge as drawn, on the Referring again to his objection in slon, can only be the interpretation ground that there was no such charge the Lower Court that the charge as of the Ordinance.

"It is our contention that in this known under the Ordinance, which drawn was not known under the supulated that a person could only Ordinance, Counsel said he had since case the only person on whom the be charged for permitting a house to received a letter from the Crown, notice could have been served was be used as a brothel if he was the agreeing with his views on this point. Chue Cheong and not the trustees." Occupier

uccupier If this had been done earlier, he said, or keeper, AB

CROWN REPLIES was defined by Section 12 of the there would not have been this un- Ordinance as the actual Occupant pleasant and most unhappy technical

On behalf of the respondent, In- and keeper meant any person having conviction.

spectar E. G. Post, Mr. J. B. Prentis, agreed Dealing with the ground that the Assistant Crown Solicitor, management or control of the pre-

Magistrate was wrong in law in that the summons had been badly mises.

holding the notice had been properly drafted, but submitted that this war This point was conclusive in favour served on the appellants, Mr. Sic in no way fatal to his ense. of the appellants, and he further don said the position was that ever pointed out to the Magistrate that since the trusters took over the the word "permitting" d.d as a mat-premises from Die Government, the ter of law mean "wiltually permit principal tenant had been man ling." His object in

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He contended that the provisions of the Section in question had been complied with by the prosecution, and these being proved the onus was PC called Chue Cheong, On October on the appellants to establish they ilminary remarks was to invite the inst a person named Cheong Lim was prosecution to amend the charge in convicted of keeping a brothel in the had no means of knowing the pre-

mises were

vere being used as a brothel. proper form. The invitation was-de-premises, and on December !

During the past year, there had been clined, evidence was given and the other person called L1 Nui was

five convictions against the occup-: convleted on appellants were

the similarly dealt with. charge as luld.

'The question." said

Counsel, ants of the Boor, and notice of some The case," went on Counsel, "may" which I will ask your Lordships of these had been served on the ap-

pcilants. be of some importance to landlords, to decide in this matter is whether

Mr. Magitininy,

giving evidence on but it is certainly of great personal the notice under Section 13 is pro-

at the importance to the trustees because perly served on the owner of the behalf of the appellante looking it at will, the fact remains premises following conviction of the Magistracy, had agreed that it had that these two gentlemen stand con- sub-tenant. In this case these two occurred to him the principal ten- victed of an offence of permitting persons

tenants of the ant was undesirable and had ad- premises to be used as a brothel. trustees, who knew nothing aboutmitted that he had not seen him. These premises are part of the estate them. They only dealt with. Chuc Surely, if a person who had been the late Sir Paul Chater and ore Cheong Section 13 says that notice served with a notice, was going to administered by the appellants US could be served on the owner or co-operate with the authorities in trustees. Though the convielion tenant of the premises or, if they are an endeavour to keep down this these gentlemen may have done no absent, on the agent or rent collge- nuisance, he would have sent for his tenant and asked him about it. If great harm in Hongkong where they tion.

he obtained no satisfaction he could are well known-there being so for only some broad jokes in the local INCREDIBLE INTERPRETATION apply to the Magistrate to determine press-one does not know how far the ripples may go and they deeply concerned with their convie- tion of this offence.

nt

are

Were

not

"The respondent's contention and the view held by the Magistrate was that the police could be served on anyone, either the owner tenant. That is a possible interpre tation of the Ordinanes, but in my submission an incredible one.

the tenancy.

It the

On these facts, the Magistrate had rightly found the appellants had had an opportunity of obtaining know. the ledge of how the premises were being NO EVIDENCE TO CONVICT

conducted, had they wished to do so.

Dealing with the question of ser Continuing, Counsel submitted

vice of notice, Mr. Prentis sold it The appellants contention was could be served on the owner who, there was literally no evidence what soever for the Magistrate, to convict, that notice could only be served on if he was diasatisfied with the tenant, as there had been no suggestion that the person from whom the tenancy could apply for an order from the the appellanis was aware the place is being held or "the immediate Magistrate to get rid of him. were being used as a brothel at the landlord," if I may use that phrase owner did not know there was 3 tinfe. The Magistrate had suggested though I do not like it. I would sub-tenant, how could it be possible In his judgment that appellants or put it to your Lordships that at the for the Magistrate to know, and, if an their agents might have paid a visit frst reading of this Section any owner, could sit back and say the to the premises "at appropriate lawyer would read it as meaning person convicted was not his tonant hours" In order to and out what was that the owner could put an end to st completely negatived the Ordine going on, and Counsel remarked it the tenancy held by his tenant who, ance.

Continuing, Mr. Prentis pointed; was rather surprising to him that in his turn, could get rid of the sub- such a suggestion should have been tenant. The respondent's contention out that both Mr. Mackinlay and Mr. made, for

the term "appropriate involves this strange proposition: Armstrong had spoken of the steps hours conveyed to him the meaning that under Section 18 It is a dis- that had been taken with regard to of customers,

cretionary choice. There is not a other promises in the same nelsh The Chief Justice: Ini guise o

the

word about discretion in the Ordine bourhood but not this particular anco and it is a remarkable construc door. customers.

Counsel: Yes, but there has been tion of the statute,

of a man charged with allowing a place to be used, as

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No. 50 EXTRA No. 30 R.

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ROYALI DRAGOON CONDOR (tube) AMBILE NH Mr. Sheldon interrupted and adatcingenohl's Cigar Stores The appellants contention on the that neither Mr. Turner nor M. LA PERLA DEL ORIENTE"

other, tobacconists. other hand leads to no such difficulty,

Continued on Pape 3.

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