1948-09-20 — Page 5

THE HONGKONG TELEGRAPH, MONDAY, SEPTEMBER 20, 1948.

Chief®

Justice

Sets Aside Tenancy Tribunal Order

APPEAL GOES AGAINST

MESSRS MACKINTOSH

Judgment for appellants was delivered by the Chief Justice, Sir Leslie Gibson,. at the Court of Appeal this morning in the Mackintosh tenancy case. The appellants were. L. Mercado (Mayo's Shoppe) and Mrs D. Kovach (Salon de Mode) and the respondents Mackintosh's Ltd.

Represented by Mr B. A. Bernacchi, instructed by Mr

. Y. K. Kan (Lo and Lo). Mercado and Mrs Kornch ap

pealed against an eviction order made by Mr D. L. Strd. lett mitting as a Magistrate in a Tenancy Tribunal. Mar- kintosh's were represented by Mr D. A. L. Wright, in- structed by Mr J. T. Prior (Wilkinson & Grist).

iri

express

not

Giving judgment, his Lordship, in i miuate the tenancy of the Opponents i dealing with section 18 (1) of the by giving them a month's notice to

Tenan Ordinance, qui and they therefore click Landlord and

impose 1221 said that one possible sense in which think it necessary to

condition: limited!

There

ur a Ilm

may company might leave the

may not have been 'sume Colony and later return would be

under- removed where the

its standing: between Mr Meyer and. Mr company

later Field favourable to the elsewhere ond business

resumption Mackin- He had no brought it back agriin.

of the tenancy by Messrs doubt however that, if section 18 tosh's in certain eventa but that (1) was applicable to companies at understanding could not amount to all, it was not applicable

this a condition of the

Mr lebaney. tense. In the first place such Meyer, no doubt did make clear to construction would provide little the

intention the Opponents the analogy with the

case of an in- Messrs Mackintosh's to resume their dividuni. In the recond place 11 business' in due course but that also must

considered be

that whole could not amount to a condition. of object

the section

ta To enable the tenant to recover his

MORAL CLAIM It could hardly be sug- premines. Kested that a company should first! have to set up busines in some pre- mises other than those which it

to e sought to recover in order tablish that it had returned". Such

construction would be too art

ileial for acceptance.

*

The only other sense in which n cornnany might be said to "return" was that for which Mr Wright con" tended,

it returned namely that when the officers of the company returned to the Colony in connection with the company's business.

of

I think it may well be that, in cuses such as this, the legislature would have wished to assist the If it had been former tenants

that landlords realized

creating temporary tenancles at tinue when there was no law for the protection and when the landlords of tenants could certainly not anticipate that section 18(1) would be enacted in

might Its present form,

well be content to create the tenancles on a monthly basis and rely simply on the control of the situation which

monthly tenancy would

them.

Youngster Likes Cigars

Lawrence Philips, Jr., 18-months-old, sits in a chair- at his Springfield, Mass., home and enjoys a good cigar, an adult fiabit he picked up when he deserted nipples and teething rings. His mother says he smokes two cigant every day,AP Picture.

Newspaper War

In Berlin

war

Berlin. Sept. 19,-- Berlin's East-West. newspaper fared into violence On Sunday as Communist raiders seized | copies of Western, Berlin papers on sale in the Russian seclor of the city aut scattered them through the streets.

The American licensed newa- paper, Tagesspiegel, reported that ited strong-arm squads had confls- unted its papers as well as those at the Christian Democratic organ, Der Tag, from a branch sales office in the Russian occupied borough of Weissensee.

The rollers went from news stand to new stand, demanding plexiges from the distributors that hence. Sutla they would refuse to sell Western Beensed - papers.

Tagesspiegel said its dealers were threatened with other measures ir they failed to obey the Communist Curiers

When asked what these measures

the wore,

Communists were reported to have painterl 10 cans Affed with petroleum, indlenting would set fire to the offending they news stands.

The Western newspapers sald the Communist controlled police in the Russian sector stood idly by. fusing to interfere with the raiders. -Associated Press.

Moslem Raiders Hide AIR SPEED

In Hyderabad Hills

Secunderabad, Sept. 19.—Gangs of militant Moslem Razakars were tonight hiding in the hills, valleys and State river beds of Hyderabad after all the Nizam's troops had surrendered, to Indian forces, the Dominion commander, Lieutenant General Shri Rajendrasinghji,. aaid today.

The general, who arrived here fret Poonn today, said he hoped that it would be possible to restore order "very noon,'

I was officially learned in New Delhi totny that Syed Kazim Razvi the lender of an estimated 200,000 Hazakars, has been arrested and ty in military custody.

It was repor ed shortly after the cease Bre with India on Friday that he had tried to commit suicide, later that he had shaved his dia inctive beard and gone "underground" with

200,000 followers, Neither of these reports were con- firmed.

and some

the order of the Tribunal set aside.

FIRST GROUND FAILS His Lordship said that he could accept a beneficial construction By But however this many be, and sirawing the analogy with the case

whatever views I may hold of the of an individual and identifying the

the strength of Messrs Mackintosh's return of the company's officers for moral claim, I must take the law the com

company's purposes with the re-

as I flnd it. Accordingly this ground turn of the company. "To speak of

of of appeal succeeds and the appeal a company sy having returned to the must be allowed with costs Celany when its ofßeers have returned to the Colony when its officers have returned through whom it can r open business does no much vio- lence to the English language in his particular context as would entitle

the me to hold that

presumption created by the Interpretation Or- dinance i rebutted. I hold reclion

18 (1) is applicable to com- panies in the sense I have just in- dicated and the first ground of ap- peni falls," said his Lordship.

that

TRESPASS

AT KAI TAK

The Chief Justice went on to shy that in this case the tenancy was alleged to have been partly verbal | chant, and partly in writing.

Dealing with the testimony given before the Tenancy Tribunal, his Lordship said tha. he could find -nothing-In Mr-Meyer's evidence to the effect that in what he said to Mr Mercado he was either the agent or the mouthpiece of the Land In- vestment Company nor could

And

AIRPORT

of 40

of his

OFFICIAL LOSSES

RECORD

American Plane's 670.981 MPH

re-

New York, Sept. 19.-The United States. Air Force has announced a' new world speed

action to inite against him was under record of 670.981 miles per consideration.

hour. It was attained with a Asked what the future of the fully armed standard jot- Nizam would be, the general stated: fighter. the North American

"That is a matter of high politics.

new The

record was set last Wednesday. It is 20 miles un hour faster than the record established in August 1947 by a U.S. Navy research plane, the Dougins D-558.

It does not concern the Army. The F-86. Nizam is a ruler and we must give him the respect due to a ruler,""

Referring to reports of communal trouble here, he said: "There may have been some stray cases of I cannot say whether any tocting.

тезроп- particular community was sible. Since Indian troops entered Secunderabad, there have been no incidents."---Reuter.

Official Agures issued in Secun- ROBBED BUS

derabad today said Hyderabad State forces lost 000 killed during the five days of fighting, while it was be- lieved that 2,500 Razakura died and 1,000 were captured. Indian Army losses

IN KOWLOON

were

con-

It is the first world speed record in history made by an aircraft ready for fighting.

The

Richard pilot was Major Johnson, test pilot for the Air Material Command, who flew over a course at Murco, Lake, California.

WASTED EFFORT

Major Johnson attempted a new record at Cleveland on September air rices. 5 during the national While he averaged more than 070 was miles per hour, his effort wasted because the timing cameras missed three of his six passes over the course.

Major Johnson sald that at Clevé sed full speed.

were officially given as 10

Ho Tong, allas Ho Ting, 35, killed. Figures for the wounded on

shop fok!, was sentenced to hire both sides were not yet known.

General Rajendrasinghji said that years and nine s rokes of the cane when he pleaded guilty to a charge there were seven British officers who Leung Fot-lun, 39, shipping mer-resigned on the eve of operations but of armed robbery on board a Rowland and again at Muroc he had not

of the used

Air Force officials tire reported Road one British officer, named Lieuten-loon bus at the opening Connaught

be- unt Moore, was captured while ho September Criminal Sessions

to have ordered the record held Central, was fined $150 by Mr Wicks was trying to "make away to fore Mr Justice Gould this morning around 670 m.ph. to avoid disclos-

Two other men who Sholapur.

Inzakars who had been captured cerned in the hold-up had been ing the fighter's maximum perfor-

us prisoners similarly schienced in the would not be treated

The fighter is belleved capable of of war-as-they-were not members Sessions.. of the Hyderabad State forces,

Air-Kerr, Assistant Crown cial unil accepted by the Federa

for the Crown, Mr w, more than 700 m.ph.

The record will not become om- as A. got said, and woukl be just treated

Solicitor, said that about 9.15 p.m. tion Aeronautique Internationato erdinary prisoners.

Razakars on April 11, 1948. three men boarded Headquarters at Paris.-Associated 'The Orst stand of the with

miles from a bus at Prince Edward Road. While Press. was at Naldrug, 23 Sholapur. They made some more the vehicle was 'proceeding along attempts to hold up the advance of Cumberland Road, the men hold up

afternoon

at Kowloon this morning for tres- passing in the Kal Tak civil nirport. Mr A. J. R. Moss, Director of Civi Aviation, said that on Saturday from Canton and the accused

a CNAC plane came in

the guard stationed at the en- past me france to prevent contact

passengers until they had passed the Immigration and Customs authori- ties. The accused met a passenger 1 surreptitiously transferred briet case to him, thereby evading his the proper Customs procedure.

Не In his evidence that even ជន between himself and Mr Mercado the there was an agreement that

pre- opponents should vacate the mises on

Messrs Who of on the return

Mackintosh's.

Mr

"Mercado's evidenco, said Lordship, was denial of the exis-

a

The accused hurriedly went out tener of a stipula lon. "It is clear, of the terminal building but was however, that the learned magistrate followed by Mr Moss. On exami was, not entitled to fill in geps in

nation, the brief case was found the case for the applicants by the to be full of gold yuan noles. weakness of Mr Mercado's evidence," sald Sir Leslie.

he

the Indian columns but falled, the und robbed them of the

the passengers and

general said.

They had laid 1,200 mines De tween Sangareddipet and Patancheru on the Sholapur-Secunderabad road.

CURFEW IMPOSED

Sesalons.

June

con-

conductor and ала moncy Jewellery. Two of the robbers were later arrested, and on being victed were sentenced in the June-

The present accused, Mr Blair-Kerr said, was the third of A dusk-to-dawn curfew has been the trio who had held up the bus. Imposed in Secunderabad and Hy- derabad. General Rajendrasinghji paid the Nizam what was described as a "courtesy call this evening and then left for Poona by air.

The general disclosed that Ave battalions

of Indian troops had been Mr Moss asked the Magistrate to engaged on all fronts during the neither Mr Mercado nor his solici-

of the tres- campaign. He told press correspon-

dents that Nizam Razvi was tors denied the existence of a sipuake a serious view

passing charge, because such con- lation when ita existen.co Was duct made the position of the Cuscle cause of all the trouble claimed by Mesars Mackintosh's or toms oficials extremely diffult. Hyderabad." The question of what

this I agree that

Mr Moss said that at the moment Kold there was no restriction on yuan potes being brought into Hong- not and the accused wes'.

INSUFFICIENT EVIDENCE Concluding, his Lordship said: ..Much point was made by the 'kong, learned magistra e and subsequently charged with this. by Mr Wright of the fact

their solicitors.

that

fact would be useful confimatory evidence if there was other satisfac- tory evidence of the existence of the stipulation but, by itself, it clearly amounts to very

at p

V.

"472

it le.

Applying the principles which, in the judgment of Lord Penzcance in Forflit

LRP & D 402 Lawless

Willes and the Judgment of I fin

in Ryder v, Wombell L L. R Ex.32 at p.30, should be applied in deciding whether there is evidence am forced to the to go to a jury, conclusion that the evidenco in this care even assuming it to be trus

Whe

FISH IN ABUNDANCE IN

NORTHERN SEAS.

Portland, Oregon, Sept. 19. The Bering Sen, the Central Pacific and the waters off Alaska could pro vide enormous amounts of fish for nationa running short of land-produced protein, Dr. John C. Marr, a United States fisheries export. at Stanford University, reported on Sunday.

the

Insufficient

Equipment

mance.

POLICE RAID

BIG DIVAN

"One of the largest, divans I have ever raided" sald Mr E. C. Luscombe, Divisional Superinten- dent of Police, Yaumall, when he told Mr Wicks at Kowloon this morning of a raid at 551, Shang- hil Street, second floor, yester- day.

it was Mr Luscombo mid that

with first divan a very prosperous

For falling to have sumcient are class furniture. The Police arrested infighting and life saving equipment he keeper and 20 moker all of of a motorwhom were well-dressed and none on board, the master

unemployed. Fourteen herein pipes, $50 or 10 fishing junk was, fined

Ave Cairns

oplum pipes, 10 lamps, 1,600 days by Mr

at the Maring heroin pills and 1.5 mace of opium court

morning. This

together

nine lifebouys but only had four;

10

20

TO-DAY ONLY

KINGS

AIR-CONDITIONED

At 2.00, 4.45, 7.15

& 9,45 p.m.

WORLD PREMIERE OF THE SUPER-COLOSSAL

CHINESE PRODUCTION

THE SOUL OF CHINA

* DIALOGUE IN MANDARIN

A Yung Hwa Picture

· OPENING TO-MORROW

DASHING ADVENTURE!,

with the flame and fury of fighting man',

„SMASHING ACTION!

SEE: Decký doh Through

Pa cargas of Fives!

GATEESSA, INTERNATIONAž provera

SEE: Munduže Gusto

PIRATES OF MONTEREY

TECHNICOLOR MARIA MONTEZ-ROD CAMERON

stume

SEE: Owl thou

with

· MOKKAR, RESTIKKT

GILKERT ROLAYED

TIMIZE SKERE

GALI DOUBLESLIEN

E=POMENE BY TALE, MALVERN »A TONIVERSAL AP TERASIONAL HILTON

CENTRAL

PHONE 25720

#

270, QUEEN'S ROAD CENTRAL.

5 SHOWS DAILY

AT 12.30, 2.30, 5.15, 7.30 & 9,30 P.M.

FIRST EPISODE **

A SUPER-SLEUTH COMBATS

CRIME WAVE WITH

MORROW!

FEDERAL99

OPERATOR

Fentering MARTEN LAMONT HELEN TALBOT

HOE GEORGE & LEWIS. LORNA GRAY. HAL TALIAFERRO

RECTED BY SPENCEN BENNET VEELLACE & BRISTELA, « YAKRES CARITY

DOMINAL DOUTER PURÉ DE ALADET Dyment

A REPUBLIC

SERIAL

12.

CHAPTERS

Defendant was required to have were seized furniture used for the PEN THEFT LED

with sundry

The majority TO HOSPITAL

In Pursuit Of Guerillas

lifebells but hnd none; four purpons of smoking the drugs.

Mr Luscombe asked for a serious buckets of sand but only had one;

two scoops but had none. The vet to be taken.

Athens, Sept. 18-Greek national vessel was fast surveyed on May of the men were smoking heroin For stealing four Parker fountain

was pipes which were extremely good pens and two propelling pencils, it forces were today pursuing the 20 this year. The vessel engaged in line fishing, and us aches being silver and brass mounted. Shu Kwong, 22, residing at 17 Up- guerilla defenders of Mourgana The keeper, Ip Cheung, 22, was per Lascar Row, was charged before who retreated towards Granitsopoula special concessions was allowed to carry 14 persons to fish from the remanded for seven days pending Mr Hin-shing Lo at Central Court and Nigades.

this morning. analysis of the heroin. He faced six dinghies.

Defendant pleaded that the equip with the divan.

altogether six charges In connection ment, which was on deck in pre- paration for the gale he saw com-

and he

Returned From Banishment

Fourteen

smokers. present were | B/D# Ceuling

In

Economic Crisis Faces Belgium

COM-

* OUTWARD MAILS

Inspector

A Greek General Staff H. said that on July 22 munique tonight: listed considerable 'captured: on: Friday, It went to '60 Queen's Rodd booty and taking into account any legli-

was. wathed nverboard by each fined $85 while six absentees West ground floor, and pretended includes seven heavy, and 21 light cach to be interested in purchasing a submachine-guns, 320 rifles and one mortars; seven machine-guns, 28 mate inference of fact,

not The Alaska-Bering Sea offers the has been taken mainly from watersing,

Sub-Inspector Nippard had their tails of $100

fountain. pen. He, stole four pens auffletent to support the learned greatest possibilities for fishery ex-only a few hundred miles off shore waves

and, two pencils and runs away. The 20-MM old, zunaj 654 7109.97 magistrate's finding. I am, in any pansion adjacent to North America. However, the Japanese Ashed for pointed out that the dinghies were estreated.

fakt gave chose

saw.de

The communique said 18, Greek event, sallafied that his finding was and probably is the most promising tuna. and other types all the way kept alongside the vessel

fendant run into the Fu Lung Tea- troops and 60, ducellas Weric, killed against the weight of the evidence production area of the entire Pacific, across the Pacific untu swept from did not think the apparatus could be washed overboard in any sort

house, Two Chinese delectives had yesterday, 10 guerillas were cap and in this connection I have in Dr Marr told the American Chemical the sens in World War II,

the chose, and on seeing tured and six surrendered Reuter. mind the

Inid down

joined in principle

in Society.

This is evidence, Dr Marr: salt, of weather.

defendant Towell

from the and Wilc

from that some types of tuna occur all V. Streatham Oceania, which is the area

ruped Belgian Brussels, Sept. 10-The

storey,

of approxi- Manor Nursing Home 1935 A.C. 249, the Equator to Hawall and from the the way across the Pacific. An ex- of luna fishing might

Premier. M. Paul Henri Spaak, de-

88 feet, tracturing his ankle I think in fact that the position was Society Islands to New Guinea and pansion

clared today that Belglum was ex-

right arm,

his. culting probably very much what Mr Field the Philippines, is another area of Include a large part of the Pacific,

periencing the beginning of en and Mr Morer told the Tribunal great potential fish resources. Dr he said. Morits Mackintosh's' were not them- | Marr sald.

ecoriomto crisis. The present sardine, season has

He said that the reason for the selves in a position to insist on any Up to now the North Pacifle pro

of, the attached to the duced 47 percent

world's been no more encouraging than condition being

sentenced by Mr Justice Goute la crisis was that our own pealtion is discharged recently the preceding one, with its record the South tenancy because, as the Land In-Ashery products and

pleaded who have not, criough money to buy years each- when ~ they vestment Company pointed out in Pacife only one percent of the to- low catch, Dr Marr reported. Thero fiver years and two others to four brlier than that of our neighbours, me goods, nor enough goods to offer felter 2, formier tenaneles had ex. tal. Dr Marr reported. This does has not been an outstanding arguilty, ford charge of breach of de-

dine year since ho added. The pired and the Land Investment not mean the southern ocean is a

this

Criminal Spark and that trade agree- off will not portalion orders at the fishing ground. It reflects reason for

M. Company bad begin again with the fact that

to

more people by

negotiated by. Kundi

Cheung Wah, with Ave previous ments whre from 1941

than in the Southern Hemisphere, fory of the satdind. Projects started evictions, and Cheung Hung, with amounted to more than 700 men

sbe provious convictions, each re- Bolgian francs but these agreements As the law stood at the time that he_muld.

by the colved five years, Lui Shu-shing, could not be enrried out because the tenancy in this case was created, Foremost among the possibilities State of Californo, may help to with four previous convictions and there was a ta of means of paying the Land Investmont Company ro- for Increasing the food supply, Dr solve the mystery of this disappear Ng Kwong-yeung, with three, were among Beletum's neighbours, máined free at any time, and in any Marr reported, is the potential supe|ing resource, he said.Associated

"Henes the wYA_Aown on our given four years, each. circumstancor they wished to ter- {ply of tuna. In the Americus, 'tund)] Press.

Reuter

poorer

known for

Two returned, banishees were

out any commitments carried for live in the Northern Hemisphere can study, thoroughly, the entire hi/Caslong this morning,"

mony

by the Government and

Mr Blair-Kerr' prosecuted."

**

Belgium

and knocking out some teeth. Ro had been detained at- Queen Mary Hospital for a long time and was

Defendant was sentenced to one

month's Imprisonment.

LANDSLIDE, WIPES OUT VILLAGES villagers reportedly perished in a

londelido on the Assam-Tibotan border.

Whole villages were said to have bear wiped out. In the landslide, The slide was

described. A four \miles wide—Arbodidled, Pres.

Unless atharwisn ^itated, 'registered" articles and pareti.. porte clogs / 201 mirates earlier than they ordinary Mali, If mail close, barere 18 mm, registered" and "paror)" posts) close ná 3 pm, on previona, day; MASIE-REV rloxa4

st Kowloon Central. Port

·omen, half, in, baur,

G.P.D. Grace lumeniler than the MONDAY, SEPTEMBER. ZO- Coking Times by Air shanghai, Nanking Hankow Tsingtao, Telping. Kanming. Lluchow,: Amoy; Talpot and watów 3.50. p.m.gay

Closing Times Dy Bea- & Train Shanghai-(804) 3 p.m.j Marso and inshan (fea) 4 pan, M. Kongmoon (810)=8;p,m Canton (Parcels and 2nd class Mu!!) (Won);

Page 5Page 6