1948-05-10 — Page 5

St Francis Hotel Appeal Dismissed

Full Court Decision

The appeal brought by the St Francis Hotel, occupying premises at 18 Queen's Nond Central, to reverse an order made by the Chief Justice, Mr K. II, Willlans, giving leave to the Hongkong Land Investment and Agency Co., Ltd., for a a signed judg- ment for

refusing

fend the action,

ssian of the Hotel and leave to de-

was

diamined by the

Full Court of Appeal, comprising Mir Justice Guald and Mr Justico Rey- this morning. Costs were also awarded against the appellants

In November last year, a Tenancy Tribunal, specially convened to hear an application by the Hongkong Land Investment and Agency Co.. Ltd..

for a recommendation to Governor for exemption, under

Section 32 of the Landlord ant Tenant Ordinance, of the premises occupicil by the S1 Francis Hotel, unanimously recommended that the premises should be excluded from further application of the Landlord and Tenant Ordinance.

It was stated, in the course of the hearing before the Tribunal, that it was the Intention of the applicants to pull down the present out-moded and out-inted instead, a

Premizes and to ercet.

venient building.

and more con-

Mr 11. G. Sheldon, KC, and Mr Charles E. Loschy, instructed by Mr C. A. S. Russ, appeared for appel- lants in this morning's proceedings. and the Hon. Leo d'Almoda. KC, and Mr D. A. L. Wright, Instructed by Mr H. Capstick, were for the res pondents.

PAULA

THANKS, RITA -THAT WAS FIKE

THE HONGKONG TELEGRAPH, MONDAY, MAY 10, 1948.

BY DENNIS WHEATLEY

O.K. STEVE PRINT THAT MALEWEL

ONE.

ME

Explosion In Taipo Road Garage

TWO MEN CHARGED TODAY

AT CRIMINAL SESSIONS

An explosion which occurred in a garage in Taipo Road, Shamshuipo, on the night of March 5 last, was recalled at the Criminal Sessions this morning, when two young men, Ngai Wan-sang and Chung Kwai, appeared before Mr Justice Williams, charged with demanding money with menaces and causing an Qx- plosion likely to endanger property,

Mr

an ex-

The show is over, the “Doll” has sung; the song in dumb show, while the playback has played the record,

·RITA MADE ONE BLIP- SHE MOUTHED THE WORD 'CAUSE INSTEAD OF THE WORD FOR.

BREAK FOR

LUNCH

EVERYONE

"Pm losing money OT

this job

FOR HEAVEN'S SAKE,PAULA,

DON'T QUIBBLE OR SHE'LL THROW ANOTHER TEMPER

→ NOBODY WILL NOTICE

testifled that he was slightly injured In The Marine

Both men were further charged After Fung So, carpenter, had with conspiracy to cause plosion and with possession of an by the explosion and inter saw # THE JUDGMENT

explosive substance. They pleaded hole in the ground outside his hut, Delivering judgment this morning.

corroborated the Mr Justice Gould dealt with the not guilly and were unrepresented Pang Tung-hol

by Connel.

Crown's opening. He said he re- A. Lonsdale, Crown Counsel, cogulsed the volce over points raised by the appellanta.

the tele- Regarding the first one-power to

phone us being that of the first compel discovery of documents con- prosecuted, assisted by Det. tonusp. C. Dewman. The Jury

accused. lerrel

two men upon Tribunals by section 28 (2) of the Ordinance-his Lord-panelled comprised

in the present case

Alive women.

bir Lonsdale said that the case there was no suggestion that any document was withhelt and the re- commenced with an explosion which pro-occurred about 10.30 p.m. on March

ship said that in

Sub- сп- and

The trial is proceeding.

fusal to make the order being pro at the Lun Sfog Garage, near the

could have visional only,

age junction of Taipo and Castle Peak at any stage renewed his

he felt himself asgrleved. He did toads. Housed in, that garage, in not do so and nothing had been the open, were a number of lorries advanced to support an argument which plled between Kowloon andi The explosion that the discretion

wrongly Chinese territory.

was heard a considerable distance

was

exercised in the circumstances.

the

were

MISUSE OF COURT

Magistrate Rebukes

Young Woman explosion, two holes

and

blown in the ground the nearest lorry received n severe shaking.

As for the second submission-away and there was evidence that that Rule 7 of the Rules of Proce- It was of some violence. As a re-

of the was disregarded by the Tri-cult dure bunal when it refused to order that the

reasons in

in support of application be delivered in writing His Lordship declared that whether

Cluse behind was a shed in which or not it was correct that none of the

a man was preparing his meal, but the Rules were applicable,

Court fortunately

he was only slightly did not feel it necessary to decide, intured, suffering a small cut on the but what it deemed to be unarguable

also fortunate that was that no Rule could apply witch chin. It was was in conflict with the machinery the remainder of the persons ́nor- provided by Section 32 (of the Ormany employed in the garage were dinance),

at that time some distance away.

FOUR 'PHONE CALLS

The following day, four telephone calls were received by the garage

Court This

Morning

For causing an obstruction at a

New Bank Of China Building

Manager Ridiculos Estimated Cost

A Reuter report

from Shanghai this morning quoted the Tai Kwong Po as reporting that the Bank of China will spend HK$30,000,000 for the construction of its new mises in Hongkong.

pre-

The report added that the building, on the site next to the Hongkong and Shanghal Bank, will be of the latest design and will "surpass its neighbour in height and magnificence."

When this report was brought to the attention, of Mr S. Y. Chen,

subtle landing place by nitowing Manager of the Hongkong branch of

their boats to lie alongside the North

side of the Mongkok Ferry Wharf the Bank of China, he ridiculed, the whilst not working cargo or em-suggestion that the new building barking passengers, masters of five would cost anything like $30,000,000, Junks were fined $25 or five days : by Mr Cairns at the Marine Court this morning. The acting master of another junk hnd his ball of $50 estreated when he failed to appear in Court.

Co.

Sub-Inspector McCarthy reported that defendants had been arrested A young woman, Chan Chi-s the result of a complaint by ching, was rebuked by Mr Blair. telephone from the Yaumati Ferry Kerr at Kowloon this morning for using the criminal court to seek retaliation in a family dis- pute.

The magistrate discharged Li Pit- shan who appeared on a count of stealing Chon's suitcase containing $150 worth of clothing.

Defendants pleaded that it was raining heavily at the time, and in order to avoid the sewage, they had gone alongside the wharf.

NO LICENCE

FANTASTIC PRICE

prised only 14,000 square feet, from He pointed out that the site com- which an allowance had to be made for pavement space.

Thirty million dollars, he said, would be a fantastic price to pay for a building occupying an area of that size,

The site was Bank of China at a public nuction obtained by the

the covenant is that the purchaser for $3,745,000, and one condition in has to expand in rateable improve- ments not less than $3,000,000 with- in 30 months.

The master of a Class IV boat

From an independent source, the, Chan testifled that when she ara licence for his boat. He pleaded that Bank of Chinn building will prob

was cautioned for failing to take out Telegraph ascertains that the new rived from Canton on April 29, she it belonged to a hulk at Shaukiwan, ably be 17 storeys high. went to stay with Li who was her and claimed that hulks were allowed

In each instance the volee asked for friend. at 15 Lion Rock Road,

ich suitcase of clothes.

often

given Lier

་་

on from the shore. Sub-Inspector

Dealing with the question whether In the circumstances the failure of the respondents in produce formal reasons in writing and the refusal of the Tribunal to order them resulted in a breach of natural justice, Ills the master, and the foki who took assaulted her during a quarrel I a free sampan for travelling to and Lordship sald that no request was the calls informed the caller that May and she went to stay else- McCarthy stated that this was in- made for case stated under the master was out. However, the whe

Before the war, section 28 (5) of the Ordinance and master was present to answer there leaving behind most of her correct.

he said, Counsel refused to accept a sum fourth call, and the voice which

hich property. Li then took away her hulks of over 2,000 piculs were mary of the grounds when it was spoke to him at the other end of the had

Although he allowed one sampan, but now they' offered at on early stage of

presents, were not, tage of the line asked him for $20,000 without nothing in the suitense came from granted only to fishing junks and This privilege was proceedings/ A full opportunity was given to both sides The master, Pang Tung-hol, at that her property she reported L to the

specifying any particular reason. him. When she falled to get back trading junks, to call evidence and to make sub-imp missions "The Court

Defendant was Instructed to take "does

time was acting under Police instrue Police. not tons, and he stalled the caller and that any It is not desirable

Sub-Inspector Howarth explained out a licence immediately. that endeavoured to seek a reduction of that Li claimed the contents of the written grounds thould be supplied the sum which he had been called suitcase as his for the woman was in application under Section 32

upon to pay.

his common-law wife. He had asked but that in the present case по

A little later the same day a fur-her to marry him but she refused shadow of Injustice resulted.

ther call was received and the and a quarrel arose. ABSOLUTE DISCRETION

master recognised the voice as being sulicase to a friend at 73, Tai Nam Speaking on the point that the

same on which had called before. Street for safe keeping but handed the Governor-in-Councill refused to pro- The volee this time asked for 60-70 it over to the Police when asked vide a copy of the reasons given by per cent. of the $20,000, and coupled to, the Tribunal for its recommendation, the request with a reference to the the SCA who sent it back to the The case had been referred to Air Justice Gould cald that the

explosion which had occurred the Police. Governor-in-Counch was under no

voice further When scolded by the Magistrate, statutory duty to do so. The re-night before. The

added that if only a small amount

Chan said the accused had threaten commendation was within

was forthcoming the garage would ed her, ute discretion of the Tribunal and be pulled down. Pang again stalled. solute no appeal lay from its decision,

that at and the volce later rang up one: is not unimportant the same

me time that the request for more and this time asked for 50-60

"It

the ab-

a copy of the reasons was refused per cent. of the original sum. Be- an application by the appellants to fore ending his call, the voice sald be heard by Counsel was niso re- he would telephone again the next fused. That being the situation, day when he expected an answer. perusal of the Tribunal's reasons would not have benefitted the op- pellant in any

The Gov- why. ernor-in-Council made the Order:

munner directed and under

in

in

the Order in Counoll,

NO ARGUABLE DEFENCE

བw

"THE VOICE" AGAIN

had

MASTER CAUTIONED

HIGH JINKS

AT KCC

Ladies Organise. A Splendid Function

cautioned for lying inshore between succeeded on Saturday in stag-

The master of a cargo boat was

The KCC ladies' committee during prohibited hours when not the year, when over 300 mem- He took the the Hol On and Yuen On Wharvering the club's entertainment of remanded from Saturday when de-bers and friends revelled in six working carga. The case had been

Police evidence to be called. fendant

pleaded not guilty, for hours of dancing, cabaret turns

and novelty items.

The cabaret was a huge success Sub-Inspector that whilst on patrol on May 8 he leopard skin and with facial make- Woods reported The Mighty Rube." attired in seen defendant's junk lying up, delighted the audience with a alongside the praya wall between comedy dance and his dextrous the wharves at 2.35 a.m. When he went alongside the boat he found with the Instrument on top of his de | hondling of n violin which he played the, fokig

packing cargo on deck.head, his arms through his legs, and He inspected tha night permit, from behind his back. which clearly stated in English and

It was a and polished performance. Chinese that the bont-could-only le Making their first public ap- alongside the praya wall whilst pearance, wholly local group- working cargo. No cargo was being | Tex Winters Tumbling Tumble worked, the folis merely moving Weeds-all dressed for the part, had cargo on the deck.

the big crowd cheering its repertoire The

of prairie and hill-billy numbers.

Police Offer No Evidence

the

£

and

SHOWING

TO-DAY

KINGS

SPECIAL TIMES 2.15, 4.45, 7:15 &

5 P.M./

SHOWING

TO-DAY

• FIRST SHOWING IN THE FAR EAST

Darryl F.Zanuck

Forever Amber

•

TECHNICOLOR

starring

LINDA DARNELL - CORNEI. WILDE RICHARD GREENE GEORGE SANDERS

Directed by

Produced by

OTTO PREMINGER. WILLIAM PERLBERG

from the Merit by Kalklega Muser

SPECIAL ROADSHOW PRICES ⚫

Start=100

$2.40, $8.50, $4.70 (INCLUDING TAX) This picture will not be shown again in the Colony for at least four months.

CENTRAL

*

5 SHOWS DAILY

*

AT 12.30, 2.30, 5.15, 7.15 & 9.15 P.M.

A GERMAN PRODUCTION

66

THE BAT??

99

IN TECHNICOLOR *

ORIENTAL

Postively Last 4 Times To-day: 2.30-5.15-7.30-9.30 p.m. Every Song a HITI Every Laugh A BIG ONE! Every Performer A STAR! Every Scono A NEW ONE!

M-G-M's TECHNICOLOSSAL STAR-SPLASHED MUSICAL!

This Time

Time For Keeps

ESTHER WILLIAMS

LAURITZ

JIMMY JOHNNIE

MELCHIOR-DURANTE-JOHNSTON XAVIER CUGAT and his Orchestra

IN TECHNICOLOR

On March 7 the volce again called

Upon the prosecution offering no Pang as arranged, and arrangements evidence against him, Li Chung- were made between them for ping, alias Li Sul-Um, 44, broker,

Coxswain of No. 4 Police powers conferred by Ordinance and meeting to take place at Customs was discharged

by Mr Hin-shing Launch gave corroborative evidence. no authority has been quoted to the Pass Road near Kal Tak airport. It Lo at Central this morning on

Eric MacNider pleased with ກ clever radio akit in Court that would support an argu- was also agreed that some Identi charges of conspiracy and being a permit to work

Defendant stated that he had a

which

ZBW that the withholding of the fleation should be worn. The Police accessory after the fact to

came in for some gentle leg-puling. cargo at night and Ken Baker, operating on his Fuch circumstances were informed regarding the ar- uttering of a forged document, "reasons"

Loading was completed at 2.30 a.maccordeon, had the audience happily could be regarded as a breach of rangements and the following day LI was allegedly involved in

and packing was then commenced. Joining in a series of old favourite natural justice sumcient to vitiate two detectives, in disguise, attended forgery"

case together with Tong

He intended to leave the prnya at nuinbera. the place, together with one of Wing-on, alias Tong Shun-yan, 36, 7 0.31. In reply to questions, de- Pang's fekis. Owing to a misunder- broker, Lo Wing-wat, 30, merchant, fendant said that he had to put the half an hour, was enjoyed to the Dancing, which was extended for standing as to which side should Pang Man-wal, 2, broker, "The Court is of opinion that

wear the identification, no contact Chan Tat. alias Chan Ching-ming of the cases were damaged and were for cargo in order before leaving

ryhthm of Ken Cochrane and his upon the facts, no reasonably argu-

was made between the two accused 30, broker, all charged with con being repaired,

the anchorage, and added that some bond. able defence in law. has been shown. The submission of Counsel for the and the foki, and

spiracy to defraud. that they were entitled say that he overheard oppella farness of the hearing accused voicing his suspicions that peared for first defendant, Mr H. L. working cargo meant loading or un- Mr J. M. d'Almada Remedios ap- Mr Cairns pointed out that by the Tribunal enquired into by the there was a policeman arow that Silva for the third and. Mr A, S. C. had been completed he should have in such a fuccess were Mesdamesi Court, can only be sustained

Pang received a further call

cher te Evans for the second. Mr M. A. da loading cargo, and as soon as this

who worked hard to muke the func entitling him to leave to defend, Ifed up phone and the voice

misunderstanding of Arth.

Comber represented the fourth and left the praya wall.

NEW CANDIDATE A further meet-

this occasion he would let him off Fincher, Chain and Tobias. the previous day.

Champelovler, Lawrence, ing was arranged for the fo

FOR PRESIDENCY Additional allegations against first with a caution.

Novelty dances, including a spot day. On Police instructions,

Reading, Pennsylvania, May D

was unanimously at,Sennet Freres, he forged a cheque

waltz, "Find your partner and the Norman Thomas for $0,570, purporting to be

Palais Glide rounded off a memor-nominated for the Presidency of the able evening.

United States by the Socialist Party at its 20th annual convention here today.

it is shown that there are facts upon which, unfairness can reason

ably be argued.

on the

detective would

one

of the

The Court holds that the Acting detained the voice in conversation defendant were that on January 10,

below

cheque of C. K. Chan, and uttered

the

purchase of a diamond.

Chief Justice in the Court was right in refusing leave to do and the Police went to the

place fend and if in so doing it was neces- from where the call was being made sary to come to a decision on any and took first accused into custody. 'minor question of law he was cor First necused then took the Follco forged cheque in respect of the to find the second accused, and on niceting him, Grst accused sold, "He took part in going too." Second accused made no reply, but when he was told by the Police that he was to be arrested, he said he had been to the garage two nights before but and not caused the

reet in allowing himself to be guided by the dictum of Jessel M.. In Anglo-Italian Dank v. Wells 30 LTNS 197 at p. 200,"

$800 Bail Estroated

However, on

THE CANTON

ARRIVES

**

The dulles of MC were carried out proved an efflelent auctioneer, Other

#

by Mrs Dulky Goodwin, who also Commencing To-morrow: "DO YOU LOVE ME?” members of the ladles committea

Stole Pen From

Hospital

It was the sixth time the 43-year old Socialist leader has been pleked as his party's Presidential candidate years. Associated in the past 20

Press.

Second defendant allegedly con- conled a felony committed by frat defendant and aided and Tong to ulter the forged cheque,

The P. and O. Cantor, arrived in abetted

Hongkong this morning with a full On January 19, third, fourth and complement of Hongkong passengers Afth defendants were alleged

to from the United Kingdom. explosion,

on i have

Prematuro Report been accessories before

Among them

Canton, May wern the Police

tho

Kowloon Hospital at 12.15.a.ni last Found in the Sisters' quarters of Friday with a fountain pen he had stolen from the hospital's klichen.

B.The Chinese

Pointing at the Arst accused, sekond | fact and procured tho commission Commissioner (Mr D. W. MacIntosh. Li Wah, 25, was sentenced to. a press describes as "premature" re- Ball of $800 was 'estrented by Mr accused added, "He knows all about the uttering of a forted docu-OBE) and Mrs MorIntosh, returning year and -recommended for banish-ports that Chinese in Canion will be

" They were then taken back to of Evidence would also be given, said Cashman for the case against Chan

An application by

the police station.

ment,

Inspector from Home leave.

Blair-Kerr at Kowloon this morning when a woman, Kwan Yuen, failed to answer a charge of possession of

ment by Mr Blair-Kerr at Kowloon required to take out identifiention nine taels of prepared oplum.

Mr Longdale, liat a man, not in Tat to be taken separately

this morning.

cards before June 1, Also aboard was Mr Derek

These reports also stated. that According to RO Knox the oplum custody, handed a witness a package

was Drabble, a journalist, who is join- Sub-Inspector, Howarth disclosed Chineze proceeding to Canton from was found at Kwan's residence at with certain instructions relating to also granted June 0 was fired for tng the South China Morning Post that Li, who was Southwall Street during a raid by its use and indicating that its con- tixed for the hearing of the case Canton. at Singapore.

charged with Hongkong, will be asked to produce the bearing.. RO Fowler last Saturday.

June 10 and 21 word Staff. Mr Drabble bearded the larceny, and trespassing, had three identification cords bofore being lents were explosives.

previous.convictions,""

Lpermitted to land-Reuter.

They Gave

their Lives.

We, too,

may give through the HONGKONG WAR MEMORIAL FUND

Send your. donation to

the Hon. Transurers-

Lowej Bingham: & -Malihows Mercantile Bank Bldg.,

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