1948-09-15 — Page 5

Mother Superior's Claim For Premises

An action for possession of two floors of No. 34 Caine Road, adjoining the premises of the Canossian Convent, was brought by the Mother Superior of the Daughters of Charity of the Canossian Institutes (Hongkong) before Mr Justice Reynolds in the Supreme Court this morning.

Defendants in the action are Mrs Interceding, Mr Silva Ping Shek, realding on the ground floor of the disputed premises and Karel Weiss, tenant of the second floor.

Plaintiff is represented by Mr J. T. Prior (Wilkinson and Grist) and Mr M. A. da Silva ta appearing for the dofendants.

Informed

the Court that that paragraph of his in his defener dealing with factup! inserted Win misrepresentation through a misunderstanding of his instructions and he wished to with- draw it Al the time he received his Instructions he had Dn knowledge whether the premise had or had not been used pre-war an school,

Mr Prior cald that proof would be The premises had been exempted

Superior from the provi-supplied by the Mother by the Governor sions of the Landlord and Tenant and by an official of the Education Department whom he had Bub. Ordinance, 1947,

the recom-

poenaed. Com- of the Tenancy mendation millee under the chairmanship of the Hon. Leo d'Almada, At an earlier hearing, Mr Silva had disputed the Governor'a power in making the order for exemption and submitted the order was ultra vires his powers.

on

C.

"These premises are next door to

is the en 20 Cale Road, which trance to the whole of the Canos

very large tiun Convent, which in place Governor'S HOME THE

STATEMENT OF CLAIM

Opening plaintiff's case, Mr Prior, reading from the

statement

and

as a scho

was very

2.

THE HONGKONG TELEGRAPH,

WEDNESDAY, SEPTEMBER 15, 1948.

TO-DAY

ONLY

Anniversary Of Battle

Of Britain

B

contains and serves many Mr Prior continued "No. 34 Caine Road had been used a school since 1920, but when could not the war came, schools keep open for one reason or another very long, and it is admitted that of the Canossian Institute

Kai Tak Ceremony claim, said that during October, pleased to pul tenants into No. 34

all other relevant and also in No. 30 which is not a The Air Officer Command- 1940, and at

were

but is in

Commo- times defendanta

monthly subject of this action.

ing, Hongkong, Air tenants of the plaintiff at a rental the same category.

Webster, CBE,

at "At the same time there will be dore S. N. of $35 per month. Proceedings were

that theso two tenants AFC, took the salute commenced under the Landlord and evidence

of the entire Tenant Proclamation No. 16 for (defendants) and all the tenants in

march-past premises, and

Forco exemption of the

residence knew perfectly well hat

personnel were pending they were to keep their tenancies Royal Air those Landlord

in the Colony, Institute stationed Tenant only until the Canossinn when the

again as a school, when the anniversary of the Ondinance, 1947, came into effect. required them Proceedings, however, were con- and with the exception of these two tinued as if the Ordinance had not defendants, all the other tenants Battle of Britain was commem- On August 21, 1947, have moved out without putting the orated at Kai Tak this morn- been passed.

notico given defendants were

to Canossian Convent to the necessity ing. quit by September 30, but failed to of taking action.

claimed do so, and plaintiff now passession.

Replying to his Lordship, Mr Prior agreed that all the facts con-

of

claim tained in the statement were, admitted, and the only ques- in dispute was' one of law. Continuing, Counsel said Mr Silva'n defence was contained in a letter dated September 4, 1948, in which Mr Silva alleged that because the which led to the grant- procedure

did not follow

tion

ing of the judicial or quasi-

procedure for judicial decisions it was therefore null and void. Defence Counsel further claimed that the order for exemption was not operative to de- prive the defendants of their tenan- for Inasmuch as the order cies,

obtained by exemption had been factual misrepresentation-in other words, by fraud, said Mr Prior that the premises had been pre-war as a school.

URGENTLY NEEDED

used

It was plaintiff's case that the premises were used pre-war s school and were urgently needed and had been urgently needed for the auch a purpose Ever since British reoccupation of the Colony.

Letters To The Editor

·· Official Controls

Sir, I read

with

to

considerable interest your Editorial in Monday's Telegraph with regards the Hotel Rale question. I would say that I must concur with your sug- gestions, but one small thing rather struck me, you stated that controls cannot really were obnoxious. agree with you, unless

of course you mean that they are obnoxious

*-

and

con-

Sunday Morning Accident

In Chatham Rd.

Hitting a lamp standard in Chatham Road shortly after 5 o'clock last Sunday morning, this car, owned by Mr B. G. Jones, finished up on its side. Parts of the car werd extensively dam- aged, but no persons were injured.

These pictures werd taken a few hours after the. accident by Mr Henry Whittle.

7 Indonesian Army

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Batavia, Sept. 14.-Seven Republican Army officers including two Lieutenant-Colonels were among the ten people kidnapped today in the Central Java town of Surakarta, the second largest city in Republican hands, it was reported by Republican sources here tonight..

Others said to be held wero: Dr Moewardi, chairman of the newly established People's Revolutionary Party and two Communists.

Dr Moewardi's movement was re- Trotsky lated to the Imprisoned

Tan Mulakko. Communist leader This had raised the possibility that fighting reported early today Surakarta might have been between rival Communist organisations-the movement. which Fessindo Youth recently joined the Republican Com- munist allied to Moscow and the Feople's Revolu ionary movement.

On the arrival of the A0C, the EXEMPTION PLEA

RAF ensign was hoisted, and Al: After quoting from the article in Commodore Webster then Inspected

which the the square of men in khaki. the Proclamation under

The parade was under the com- were taken, Mr Prior

J, N. Captain Group Proceedings

mand of Bald that the one and only ground

A band, composed of on which the plaintift pleaded for Jefferson.

RAF sent. exemption was very simple.

Interjecting again, Mr Silve said part-time musicians, was pre- to mis- After the inspection, the AOC he did not wish Mr Prior

"A understand him. He was not con- addressed the parade saying

be held tending that the Legislature had no commemoration will now power to restore some of the rights in memory of those who fought in taken

landlords. His the air and on the ground, away from contention was that the Executive, won, the Battle of Britain."

like the one

A short

service followed. on delegated powers before them, had no power to do so, ducted by two RAF padres, Squad- Resuming, Mr Prior re-emphasised ron Leader Rev I. C. H. Swaine,

before the plaintiff's plea

C of E, and Squadron Leader D. C. the Committee had been that Hearle, O.D. Tenney Comer

took the first The Rev Hearle the premises were used pre-war as a school and were again required for part of the lessons, speaking first "had saved out a similar function. It could be seen of the men who from the documents before the Court land from the power of the enemy." followed that the Committee had believed the Two short prayers were

Book a! and there was never any serious by a reading from the plen dispute that the plaintiff did not Isalah.

A minute's silence was observed require the premises as a school.

Mr Prior then read from the state-in memory of those who gave their

to the Tenancy lives in the Battle of Britain.

Rev Swainc then said The ment, presented

the Lord's Committee. It declared the premises had formerly been used as the Pul prayers, ending with Ching School, and had now been Prayer and a final blessing. merged

Heart into The Sacred School. The Canossian Institute was now carrying on its school in un- and if the sultable surroundings premises were returned, it would make room for 240 pupils,

DEFENDANTS' CLAIM Then Tenancy Committee recom- Governar that the

Filght Lieutenant Mitchell exemption should be granted, but

on that day and throughout the the Colonial Secretary's office re- period when the Luftwaffe launched turned the file to the Tenancy Com their -most- cleadly attacks on. mittee as they thought it was ad- Britain-un air gunner with No. 23 visable and equitable that the two squadron.

Squadron Middle Wallop

Blenheim tenants concerned should be given stationed an opportunity to state their case. Wiltshire, flying The Tenancy Committee then got in

fighters. touch with Mesars Wilkinson and

were standing by day as and Grist, asking for the names

well as night during that week of This September 18," he said.. addresses of the two tenants.

of result

commemoration was suppiled them, and as

Today is letter was sent to the tenants.

the actual anniversary of the most A letter was then sent by Mr Silva poignant date in the Battle of Brighting might be a prelude to

Chairman of the

tain, On Sunday a full service will Tenancy Committee,"

a

mended

to

ONE OF "THE FEW" The Squadron Adjutant, Flight Lieutenant G. Mitchell, was the only Royal Air Force member present at Kai Tak who took part in the

of Battle Britain on September 16, 1940-one of "The Few", in Mr Churchill's Immortal words.

was

nt

The

Trains hnd stopped running

and between Surakarta publican capital of Jogjakarta. 40 miles to the west.

Showdown At Kremlin?

(Continued from Page 1)

The position appeared to be this: After long and dificult negotiations the Re in Moscow the four powers are ex- instruct their Military pected to Governors in Berlin to produce an is the Antara, reporting a "war of com-arrangement for four-power control

that single of

of Zone Ger- currency muniques between the Communist cure in Surrey Party and the Masjum! (Moslem)

The currency agreement is sup- Party, said the Communists were many--to circulate in Berlin.

posed to be the prelude to the ilting denouncing the weaknesses Mohammed Katia's Coalition Cabinet, of the Soviet blockade acainst sur- while the Masjumi was waging the face traffic from Western Germany

to Berlin: people to stand-solidly behind-the was Hatta Government.

in night

of Dr

POLICE ACTION Reports from Blitar, Republican East Java, said the police yesterday went into action against irregulars Land disarmed them.

When the directives were drafted the Western Powers thought they were so specific that the Military K Governors might need only a we to work out the details.

It has appeared to the Weitern! powers that Marshal Sokolovsky, Soviet Commander in Berlin,

either misinterpreting

or Taizing directives a Moscow

Observers here considered the been

has

the

to Mr d'Almada,nking repre- i be conducted by the Dean, the Very worge-scale conflict between Commu- obstocles in the form of technical

In Great Britain today there are sentations against the landlord's ap-Rev. A. E. Rose, in memory of the

What do they de plication for exemplion.

event..

to the minority.

many controls.

operate? They Counsel then read the letter to the An RAF contingent will attend the and how do they

In it, defendants claimed service in the Cathedral,, and the ensure that the people irrespective Court.

were of their social position obtain the they unable to obtain alterna-two RAF padres of today's service

accommodation unless they will assist the Dean essential foods at a fair price, rich tive acco

the same pald key money of between $0,000 and poor alike obtain rations, controls in the building to $10,000. They further said that trade ensure that houses are built the plaintiff wished to regain. o possession, alternative accommoda- society, financial position is not in tion should be found for them.

passport

suggested that there was was also ample room in the Convent proper. The Tenancy Committee was asked A recommendation not to make which, if made, would result considerable hardship to the tenants.

for the most needful

the

to

class

new

Britain house.

We ace the result of no centrals in America today. Meat and other casential commodiles are sky high, housewives picketing butcher's shops in an attempt bring prices down. No Sir, controls are only obnoxious to the few who wish to exploit the

the essential

of needs Personally Mr Editor, I think con- frols are a Godsend, and whilst üley will never benefit the majority I accept that they are obnoxious. C. H. LLOYD.

masses.

The case is proceeding.

It

in

pits and Dr Hatta's supporters.

They thought there was a "growth of militant feeling" among the Re- publicans and that the Communists were organising to overthrow the Hulta's Government.

detalls.

CLARIFICATION SOUGHT

to the Kremlin tonight Returning the Western envoys are believed to have asked the Soviet authorities for an unmistakable clarification of directive OR would take strong measures against Governors, or a new

They predicted that Dr Hall the directive to the Military

FOREIGNERS violence and sald that he had sta- which agreement might be based.

CHARGED

Student Fined guilty when the hearing of his case

$2,000

it

However, it is believed that the

tioned trustworthy troops near the It was thought that the United repre- of Jogjakarta. States, British and French Republican capital The Communists had been advocat

ves also raised the question which sentatives ing a "National Government,

the Wryd was stated here, since the recent of the Berlin disturbances.

are being watched in Wel, return from Moscow of the veteran with concern and which, to say the tive Shanghai, Sept. 18.-John

exchange broker Indonesian Communist Musin and least, are not regarded as romanti the well-known

switch

to Communist to a calm settlement of the Berlin who has been charged with black- the sudden

in-

Premier dispute. last week of the former market currency transactions

not Dr Amir Sjarifoedin volving US$30,000,- pleaded

The Dutch Press here reported Western Powers do not wish to viri: Indonesiens losing a long-term agreement on opened at the special tribunal yes- that a "gang" of 100 terday.

who attacked a plantation at Kar- Germany by making too much about

Jaya, killed V. J. A. Mr Magit, the chief secretary of wang, West the Jewish

Residents Association, Nyhuls, con-la-law of Lieutenant the Berlin disturbances now. They collaboration is restored in power M. Elzear, former bank manager, Admiral C. E. L. Helfrich, Com- feel that if the semblance of four- John Wel. appeared as mander-in-Chief of the Dutch Navy. Berlin the problem of disturbance

-Reuter.

might be solved on the spot. denied the charge that

case, they expected that the Soviet Union would disclaim responsibility engaged in, black

for the disorders-Reuter.

The

Koon Wal-hung,, 21, unemployed: and Mrs was fined $2.000 by Mr d'Almada co-defendants.

Weis at Central this morning for, pos- session of radio communication sp-they had been paratus at 320 Queen's Road Cen-market foreign currency deals while tral on August 25.

HCL Poll Suggested Sir, I understand that a committee is investigating the question of the high cost of living in the Colony, May I suggest that housewives might set out a detailed statement showing the cost of running a home today for say, a family of five. Perhapa defendant.

would be good you 8ponsor such a

Magit was reported to have admitted Dominions To

Mr Charles Loschy, instructed by buying $3,000 from M. Elear to pay

an old debt. Mr C. A. S. Rust, appeared

for

M. Elzcar said the money was left

letter-Reuter.

enough to Mr Fraser sald on August 25, he to him by a friend who left for a poil and formulate received a telephone call from Det France with instructions to sell them

I Sub-Inspector Gordon, as a result of the questions to be answered.

some of the which he raided 320 Queen's Road to a friend who would produce a would suggest as headings Locality, number of rooms Central second floor. He found a (house or flat) rent, food, servants, transmitter and a receiver buried in light and fuel, schooling, transport, the wall and wires were embedded entertainment,in: the plaster. clothes, Irisurance, incidental expenses, elc.

to

I believe that it a number of people would take the paina provide such dato, the result would be most enlightening.

There were two

one outward. Defendant tried

to

YWCA

bundles of messages, one inward and TEA PARTY AT get rid of the messages by throwing over the verandah. There them were three telephones on the pre- mises. Two were connected willo the third was disconnected.

Absorb DPs

1 RY

Hurricane Heads

For N. Atlantic

Washington, Sept. 14-A

severe

Genova, Sept. 14.-Three hundred thousand displaced persons will find homes in the two Dominions of Canada and Australia during the hurricane which whipped Bermuda on hour International with winds of 123 miles naxt few YORES, THEN (IRO) Council headed for the busy North Atlan

Organisation

tle sea-lanes today. The Weather was told on Tuesday.

Australian delegato Brigadier Burcati told shipping to "exercise

told

caution." the extreme Frederick Gallaghan

A Weather Bureau statement.inid Council that Australia was spend-

Refugee

the

moving

At this afternoon's ten party of the ing £1,000,000 on housing projects that at 10.30 am. local time English-speaking Group of the to accommodate an eventual total storm, then centred about 330 milca HARASSED HOUSEWIFE.

Hongkong YWCA,

were north of Bermuda, was to be held in of 200.000 DP Refugees [The Telegraph. considers this to

Mr Losoby cold there were

per hour. be an excellent suggestion, and this

millanting factors. Defendant was a Duddell Street starting at 4 o'clock, pouring into Austraila at the rate north-north-west at about 10 miles "to of

Winds at the centre were en- will, tomorrow, publish an paper

Jean year, he said.

Desyoot. Canada." said that ICL questionnaire which readers middle school student who came to traditional Chinese plays linked

Additionally, Miss Shin Tak-hing, during the next few years Canada timated at 120 miles an hour with will be invited to fill in and return Hongkong from Canton for a holiday, the Moon Festival will be presented.

He was asked by a man

accept-

$100,000. refugees.

gales extending out- and Equalls to the Hongkong Telegraph. From Yeung Wind-fook to look after the General-Secretary of the Hongkong wit

Under the BIO's current budget ward from 200 to 250 miles. such a poll it will be possible to premises in which the apparatus was YWCA will make a report on her

Bermuda reported no loss of life obtain a good idea of the living round. At the time of the rald, de recent visit to the United Stater Canada is to in 40.000 refugees

average family in fendant was in charge of the ap where she studied the activities of and Australia 20.000 during the next and property damage was not ex- costs for the

tensiveteuter. the YWCA in that country,

-12 montba-Associated PTEIL. Honkong tod

today.Ed HKT)

paratua.

named

and

JOHN GARFIELD LILLI PALMER

SOUL

hesreting acting,

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