1948-04-29 — Page 5

TENANCY

DISPUTE

Mackintosh's Director Cross-Examined

Hearing of the Mackintosh's tenancy dispute was continued this morning when Mr J. G. Moyer, a Director of the com- pany, was cross-examined by Counsel for the opponents.

Mackintosh's Ltd are seeking an eviction order against L. Mercado (Mayo's Shoppe) and Mrs Kavach from Shop 7C Alexandra Bullding.. which war occupied by them before the war but taken aver by op- ponents during the Japaneso pation.

סכנת

The application is being heard by Mr D. L. Strellett, sitting as a one- man Tenancy Tribunal, Mr D. A. L. Wright, Instructed by Mr J. T. I'rior, appears for Mackintosh's Ltd, and opponents are represented by Mr Brook A. Bernacchi, Instructed by Mr Y. K. Han,

It was stated for the applicants at the previous hearing

that op ponents werc given a temporary mothly tenancy for the premises on condition that they were to vacate when Mackintosh's resumed their business.

denial

1948.

SHOWING

TO-DAY

KING'S 2.206930p.m.

At 2.30, 5.15,

EH?

THE HONGKONG TELEGRAPH, THURSDAY, APRIL

BY DENNIS VERATREZ

IT WILL MEAN THOUSANDS OF POUNDS THROWN AWAY- OUR MONEY.

KNOW IT- DON'T

CAREY STREET

HERE WE

COME.

3

Fearful of her life, the star of the picture has qui cuối nam li và Ion of more on man

ALMOST A PITY

THAT LAMP MISSED.

HER WHEN IT

CRASHED.

"reputations, w

18HT THIS PICTURE INSURED AGAINST THE DEATH OF ASTAR DURING PRODUCTION

HOPGOOD?

PAULA

IF THAT WOMAN WALKS OUT ON US WITH THE PICTURE ONLY

HALF FINISHED

Malicious Wounding: Man Sentenced

Found guilty by a jury of a charge of maliciously wounding a young woman with intent to do her grievous bodily harm, Mak Keng-wu, a 66-year-old broker and flour. dealer, was sentenced to three and a half years' hard labour by Mr Justice Williams at the Criminal Sessions this morning.

stored at and scolded people who were total strangers to him.

SAD CASE

"This is a sad case and everyone will have the utmost sympathy for this unfortunate woman, Enid Mr

Mak, principai tenant of 134 Yee The

caso for the opponents is a

Kuk Street, second floor, attacked that the icnancy was ter

the woman, Chan Yin-mel, 28, whe minable by one month's notice on the lived on the premises with her applicants requiring their former husband na sub-tenants of the ne- premises for their business.

cund, in the early morning of March Questioned

12, as she was about to leave the Sheldon, in his elasingg address by Mr Bernacchil, Mr Meyer

that the ABC Cafe, regarding an abrault the accused had Jury. "Little Symthy, per cald

fat to make report to the Police which used to occupy the other part carried out on her a few minutes, will be felt by you

the of Mackintosh's pre-war premises

fur the were given alternative accommoda-

carlier.

prisoner except that 11 it tion in Marina House, but by whom

Evidence was adduced that there melancholy reflection of the end of he could not any.

was "bad feeling" between Mak and Colony. For the determination of

40 years of business life.

fe. In this his sub-tenants over a dispute re- garding the rent receipts for some this matter by yourselves, happily time, and Mak had not collected

many matters are nal rent from them for several months, there is no difference between the disputed and The woman lost her right eye as prosecution and the detence. For a result of the attack and her face example, it is not disputed that the was also disfigured.

complainant conducted the prosecution,

Mr A. Lonsdale, Crown Counsel, prisoner, neither is it disputed that was assaulted by the by Del. Sub-Insp. C. Dowman. The terribly

assisted during the assault this woman was

injured accused was defended by Mr H. Ghim.

and wounded by H, Loseby. Sheldon, KC, instructed by Mr the prosecution and the defence is The real difference between

BOWED TO INEVITABLE

After the monthly notice to quit served on opponents in July, 1946 had expired, he was told by his solicitors that the opponents could not be vacated because of the Pro- clamation, sald Mr Meyer. As a result he had lo bow to the In- evitable and accept opponents sub-tenants on a monthly basis until the 1947 Landlord and Tenancy Ordinance came into operation in May, 1947 whereby, under section 18 (F) opponents

ACCUSED'S DEFENCE The accused, in his were exempted he had attended

defence, suld from protection previously extended evening of March II, and had re- a party on the the Proclamation. Ac- cordingly. In June. 1947 another ned home drunk. He claimed he

to quit was

under

notice opponents, pointing out could not claim protection Section 10 (F) of the Ordinance.

a Tenancy Tribunal can make an The eviction order on a person who be- came a tenant between August 16, 1945 and the commencement of the Ordinance upon the condition that he should vacate the premises on the return of the person who was the tenant before December 25, 1941),

For

what offence does the evidence lead you to believe this man is guilty

of?"

$75.

THE SOUTH CHINA MORNING POST, LTD, has its own fire-fighting squad, and here it is being instructed by a Fire Brigade oficer in the correct method of directing # hose.-Ming Yuen,

HIT-&-RUN DRIVER

Given Finc-Of-$500-

several

Tang was

Man Caught With Mortar Shell-

a

and the existence of the razor which Counsel asked the jury to consider two questions, that of drunkenness, the served on the/did not know what occurred in the alleged Mak had used in the attack.at Kowloon this morning for falling hand-grenade resulted in, Lau Hung.

woman and her husband had was fined $500 by Mr Blair-Kerr shell which they mistook for

A hit-and-run driver, Yip Chung Tsun Wan of a two-inch mortar The discovery on the hillside of they flat after he gut home and only re- He suggested that as far as the razor to report un accident in which is 50, and Li Sam: 42, being sentenced under collected

faintly

that there was a was concerned, the evidence of the motor-cycle knocked down quarrel and a struggle. (The section is to the effect that In a statement to the Police when dictive in that respect. No instru- injured in the leg.

woman and her husband was vin- Wal, pedicab was charged with the offence,ment of that description was found

driver, who

by Mr Blair-Kerr at Kowloon this Mak alleged he was attacked by the woman and her husband and the Crown that the razor had been

Arst by the Police and the suggestion by driving. Yip was additionally and ment and recommended for banish- For careless morning of three years Imprison- he struck and cut Chan at random disposed of was mere speculation.

ment for possession of ammunition, with her.

a knife he had seized from

Mr Lonsdale said it was no excuse

Sub-Inspector. Howarth said, that the shell was found by Ll near the According to Sub-Inspector Sykes for a person who had committed an

YID was arrested offence to say that he was drunk case being circulated and duly off-Lau whether he had a hand-grenade after the accident as a result of the January. In April he was asked by hours ald Tsun Wan Police Station in such a condition as to be incupablecers being warned to keep a look-for sale and, thinking his find was unless he could prove he was

was in it was the intention of his company

of forming not to let anybody have the pre-tinued this morning when Tai Sum, sccution showed

the defence

|mitted that the tention. He sub-out for cycle numbered 370.

evidence of the pro- only a minor accident but it caused

was a hand-grenade, he took it to Lau's mists. There was never any inten tion to offer any sub-tenancy to the who was one of the men

that the accused the Police a great amount of trouble Street.

hul a buyer for the Kwok

on the roof of 81 Nam Cheung Wah Arm, knew what he was doing attending time of his assault on the woman. occurred at the junction of Prince under Inspector Sykes at Fuk Tsun

of the and waste of time. The accident His company

There was not the slightest doubt, Edward and Lai Chi Kok roads on Street on April 14. Wrapped in the party on March 11, testified

Lau, was arrested by the Police company and had never

a Hongkong that the accused consumed several he declared, that some sort of sharp Wednesday. European members of the staff were evening and when the parly broke suggested that it was disposed of by for a minute or two and saying grenade given to him for sale by

other

the half

glasses of Chinese wine that instrument had been used and he to the ground, but after topping shell which he described as a hand- Tang was thrown on towel under his vest was found the the accused or by some interested nothing at all, Yip went on his way.. The party.

their

The jury, comprising four men Continuing. Mr Meyer sald that unanimous verdict after 15 minutes'

and three women, returned from the Ume of the end of the war deliberation.

The case for

opponents.

Bny

Was

occupied

premises. While

drunk.

con-

en war leave and before the com-up after midnight he appeared to be pony resumed its business, its inter- ests were looked after by Mr Denis H. Blake, a Director,

Hearing is proceeding

Cross-examined, Tam said Mak's speech was not quite coherent and his walk was unsteady.

Mak also

Drove Car Without Due Caution: Fined $400

Originally charged with dangerous driving, Tong Man- kum, a taxi driver, was found guilty of driving without. due care and caution and was fined $100 by Mr Latimer at Kowloon Court today.

this

Tour

ж

surprise.

Then

Bm

It was

да-

same night, Li was ar- NOT UNCOMMON PLEA

Yip pleaded that he thought the rested at Kilung Street and man was only slightly hurt so that mitted having found the shell, Passing

there was no need for a report. sentence, his Lordship He was told by the Magistrate that taken. Inspector Sykes said that al- Asking for a serious view to be said: "The plea you put forward it was not for him to judge the though the shell had been exposed in this case is a plea which is not extent of the injuries but to report fired It would probably explode if uncommon in such offences, that is, the slightest accident.

to the weather and could not be that you were drunk and did not know what you were doing.

CARELESS DRIVING

dropped, and it could very eaally. satished that-you-had-this intention without due care and attention, Lee

Admitting the charge of driving course of an armed robbery.

be-used-for-intimidation in the to cause this serious injury to this Che-fan, of 80, Tung Chol Street, woman, but I make allowance for the fact that you had been ground door, was aned $200 by Mr drunk. Still, the yours and it is your duty, if you

responsibility Latimer at Kowloon Court today.

Prosecuting. Inspector F. Roberts and you were at times apt to be said that while driving along Castle come insensible, to give up drinking. Peak Road near

"Had you been a younger man the Wednesday, Lee drove his car right

Tsun Wan, sentence I would have passed on to the edge of the wrong side of

before

is

him, Mr Justice Williams said that

Calling the complainant hers of the jury and others present, the Court, and he was sure all mem-

happened to her, but unfortunately were extremely sorry for what had there was nothing more they could

do.

CHINESE PAPER SUMMONSED

Forced To

Carry Excess

Passengers

·

wan

of

on

breach of deportation order against He preferred an extra charge of Lau who admitted it.

This Morning's Wedding

morning at the Rosary Church, Kow- The marriage took place this loon, of Mr Andrew Carsino Xavier, son of Mr H. I. Xayler, and the late Mrs J. A. C. Xavier, to Miss Winifred Ho. The Rev. Fr. De Angella officiated.

The bride, who was given away by Mr F. W. Reis, wore a smart white sharkskin costume and white hat and carried a bouquet of white gladioll.

She was attended by Mrs Thelma Barovsky.

the bridegroom's alster, ns matron of honour, in a charming

undertook the duties

He pleaded guilty to the new contention that he took evasive you would be in the region of Ave the road while overtaking a lorry. charge through his solicitor, Mraction by turning in that direction. A. S. C. Comber, The charge

I can hardly credit that

Lo six years, but taking into account During the passing he hit a pedes- a driver that you are an old man and have trian who was walking on the ex- wns brought as a result of a traffic accident in which year's

with ten years' experience and one been in a 10-year-old

driving a

business here for a con-treme edge on the other side of the taxi would

de-siderable period and that you have road which was 18 feet wide at this boy, Ho Yuk-wun, llberately chase a boy across a road no record, the sentence I pass on you point. was killed at Cheung

Sha

Wen und run him down. That is too Road on March 12.

Is three Giving a written judgment

fantastic for words. And no

and a half years' hard more labour." morning. Mr Latimer said:-

can I agree that such a driver turn- From the evidence adduced before Sha Wan Road, would deliberately ing Into Poplar Street from Cheung the Court in this case, I And 11 drive entirely on the right side of extremely difficult to Get a clear the street. picture of what actually did occur.

There There is no doubt but that

were no pedestrians or cors four little boys werc playing on

the all flar Street at the time.

of sudden a lad appears in south side of Poplar Street, that front of the taxi, obviously paying they picked up stones

had

no attention whatsoever to the car, started across the street headed by the boy who was

by intent taxi Whether this actually happened on on carrying his, stones home. killed. No. 5564 driven by the defendant the right or on the left turned to the right

Appearing on behalf of the cox-frack of printed silk. into Poplar of

the centre of Street from Cheung Sha Wan Road

plar of the road,

cannot ascertain

motor junk who was de- but there finitely,

charged and ran over the boy. 1 And I doubt in my mind that it did occur

is

with carrying 59 excess clerk, of Messrs Jardine, Matheson not the slightest

The passengers, Mr C. Y. Kwan pleaded & Co., Ltd. Messra J. Lapsky and bridegroom Is a shipping impossible to state definitely the and that by reason of the lack of

guilty but pleaded extenuating cir- exact point where the boy was headlights, the driver was

Lam Oi-ming, manager,

cumstances. hit or

Sam

A. com-Chung-fong, editor. or which part of the taxi actual-pletely taken by su

P. Sousa and the Sing ly hit him.

of best men. Tao Yih Poo Co., Ltd., 177 Wanchal Chinese flag and had The driver says his left

The Junk, he said, was flying the The defendant's mudguard hit

The reception was held later at subsequent Road, were summensed before Mr llcence in addition to a Hongkong When the happy couple left for the hit the boy but

actions

a Chinese No. 59 Austin Road, second floor. nions say

it was the right picking up the boy and taking him lahing a matter of indecent nature tween Hongkong and Swabue. The at Dragon's Inn, Castle Peak, Mrs

in stopping Immediately, d'Almada this morning for pub-ilcence, since The driver must have been going quite slowly, as the taxi

and his mother to the hospital and on November 18, 1947.

It was trading be- honeymoon, which is being spent apparently

then reporting to the police wers stopped

Dr Yong Pong-look, room

company was the only one which Xavier went away in a dress of mediately.

almost Im-most commendable.

China Building.

104, had but here

again is con

a regular service between these maroon flicting evidence as to where the

monsed for counselling and pro-in bringing eggs, pigs

sum- ports, and was primarily interested accessories to match.

striped Jersey silk with bay's body

curing the Sing Tao Yi Pao in foodstuffs to the Colony. Was picked up.

I cannot in this case justify a find-publishing a matter

and other young companions state the bodying of gulity of dangerous driving nature on the same dato.

of indecent Chinese licence permitted the vessel As the was taken from under the car; the under Sec. 4 of Ord. 17 of 1947, but

Mr P. J. Grinths is appearing for on this occasion, had not been a free defendant says he picked the lad I consider the defendant did drive

to carry passengers. the coxswain, up about two feet at the rear of his lights had been properly on, he week

all defendants. without the car but Li Chol says the rear would undoubtedly have been able due care and caution. II

The case was adjourned for

ogent and had been forced to bring Detention House wheel was 20 feet from the boy, to avoid hitting this boy.

these people on his boat. and that she actually sdw him

Mr Kwan asked that a nominal himself

pick

This follows

assured tho The taxi when tested was proved IKD 310, Stewart v. Hancock 1940, a long line of Eng- lish cases (c.g. Tidy v Battman 1934 to be in good condition with brakes 2 All E. R. 427) and subject to the and lights at in order. There is right of defendant to ask for an ad- bufficient

cvidence I consider to journment or to re-examine any of lights were on in front, but not the fendant under Sec. 6 (1) of Ord. 17 hend lights.

TOOK EVASIVE ACTION

of 1047. The position of the taxi as agreed no re-examlantion

If no adjournment is requested or by all, turned slightly to the right, witnesses is required, I find the de- rather bears out the defendant's [fendant guilty of this charge.

of any of the

up

his

WITHOUT DUE CARE ́

WOR

also

Suspected Armed complied

Robber Arrested

and

Unveroi intonatangi le à veniation fath The Fuubanks (vegan, loc Preventi

MARIA MONTEZ

and Introduces.

PAULE CROSET

HENRY DANIELL NIGEL BRUCE ROBERT COOTE

DOUGLAS FAIRBANKS. THE EXILE

in

Written and Produced by DOUGLAS FAIRBANKS,

-Drected by MAX.OPULS.

A. UNIVERSAL-INTERNATIONAL RELEASE:

LATEST TWENTIETH CENTURY-FOX MOVIETONE NEWS

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SHOWING TO-DAY

They

Gave

Vagrant Sent To

their

Lives.

MacPhedran,

justify my Anding that the small the witnesses, I will charge the de-suspected of being implicated in the Hong licence. When leaving Hong Jon China constal run and he lost

Ana be imposed and Court that everything would be done master mariner, was committed to

William John to ensure that the regulations were the house

with in future.

of detention for When weeks by Mr Latimer at Kowloon two coming Into Hongkong It was diff this morning when he admitted a cult to refuse to carry more than charge of vagrancy,

armed hold-up of a No. 8 bus Int matter."

10 passengers. In addition to the Police Inst night arrested a man

crow of 20 allowed by the Hong-was the skipper of a coastal steamer MacPhedran, a-55-year-old Scot, kong, however. It was April 11, when passengers and tho the position, Cumberland Road on the night of.

a different his employment due to the feeling

The man is likely to appear regulations had to be observed. Ho station this morning that he had no Mr. Cairns said that he appreciated reluctance in employing foreigners.

of the

the Chinese authorities in their bus conductor were robbed.

but maintained that He arrived at Hongkong on Satur- the fire hazard was great and the day, and reported before the court tomorrow.

at the Police Imposed a fine of $50 or 10 days. mears of support.

MAJESTIC

Today

A bored beauty

At 2.30, 5.20,

7.20 & 9.20 p.m.

meets a bold brigand-

for twenty-four. adventurous hours

Paramount presonia

Joan Fontaine Arturo de Cordova

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