1948-11-24 — Page 5

Jurisdiction Of A Magistrate Contested

A motion for leave to issue a summons for prohibition directed against Mr J. Wicks, Police Magistrate at Kowloon, George Victor King and George Edwin Coster, both of No. 4 Knight Street, to prohibit them from proceeding further on a summons against Bertha Pears under the Landlords and Tenants Ordinance, alleging rent overcharges, was heard by the Chief Justice, Sir Leslie Gibson, in the Supreme Court this morning.

The application was made by Mr Brook A.. Bernacchi, Instructed by Mr M. A. da Silva.

case.

On November 11, Mr Wicks re- ques- jected a submission which tloned the jurisdiction of a Magis- His trate's Court in Uits Worship held that it was within his right

to preside over the proceedings. Bertha Pears is summoned on 28 counts alleging rent overcharges and failing to supply to the sub-tenants, Li-Cmdr G. V. King and Mr G. E. Coster, a notice of their portion of

THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 24, 1948.

Squirrel Cage Latest For The Jeep

not be heard until the could magistrate heart preliminary orgy- ments as to whether the premises that section of the were under Ordinance. ONLY AUTHORISED TRIBUNAL Mr Bernacchl spid it was not suggested that the magistrate had

A new device for use WOR but it

conTM no jurisdiction under Section 8 of

with the military jeep for the Ordinance,

pot travel over · swamps, tended that he could not exercise his furisdiction under the section where t was elear, either in the

holes, bogs, soft beaches Ince of the evidence or in the

and heavy underbrush is there face of the morning Wan The motion this

summons, that

being tested by the Marine the was a dispute under Section 3 of

It brought upon the ground that

10 that

corps at Quantico, Va. Ordinance as to whether or Magistrate has no Jurisdiction

Is a continuous road mal- scar or determine the case and for not the premises came within the

a dispute must ting on rollers which runs an order that all further proceedings Ordinance. Such

under the wheels of the in the Kowloon Magistracy be stayed until the further hearing of the

vehicle AP Picture. summons or further order.

the rent.

Mr Bernacchi said that all the summonses were laken out under Section 8 and obviously there was a clear issue as to whether or not the premises were within the Or dinance. The question of whether any offence against the Ordinance had been carmitted under Section

Bridge House Trial

Closing

Addresses By Defence

The Bridge House trial. In which Lieut-Gen. Kinoshita Eiichi, and Sgt Yoshida Bunzo

that

be referred to n Tenancy Tribunal being the only tribunal authorised under that Ordinance to hear much a dispute.

Tenancy was n contract between landlord and tenant, maid Mr Ber- nacchi, and therefore if the tenant was not disputing it was a boord- ing-house, then there was no claim- ing to be a tenant at all. He woN a mere licensee so that the Police should not attempt to say he was not a licenseo but a tenant. Ten- ancy being a contract, if the tenant did not dispute he

not n Was tenant, and it was the end of the matter. If he did dispute he was not a tenant, then he should pro- reet under Section 3 (ii) of the

Ordinance.

EVACUEES

ARRIVE IN CANTON

40

Canton, Nov. 24.-About European and American re- fugees are due to arrive from Hankow by railway today in the Arat organised evacuation of Westerners from war-threatened arcus to come 'to Canton.

NO TENANCY QUESTION Mr Bernacchl submitted that in framing section 8 of the Ordinance,

Most of the people, according to whilst not neccessarily excluding local sources, are dependants of Police summons, the legislature had

business representatives and mis mainly in view, the tenant taking ionaries in the Hankow area. The about 25, summonses as complainant before n magistrate. If the tenant admitted larger part of the group. the premises were a boarding house, are British subjects. Family heads are charged with being concernins in the present case, then there are remaining in Hankow. ed in the ill-treatment of civilian was no question of a tenancy arising. The evacuation is not an emer residents of Shanghai between

On the present evidence there was-gency measure, it was July, 1942, and November, 1944, a dispute between the parties as to here, but is a safety measure in the Ferise. General living drew to its close with the de- whether the premises were a board-long-range

chance that Hankow livering of closing addresses by ing house or not, therefore, the case conditions in Honkow are deteriora- the defence before the War came under section 3 (2) and shoulding, and the

not come before a magistrate as the may be cut off from the south has Crimes Court at Lyemun Bar-legislature provided means for such caused the present steps to be taken. racks this morning.

a dispute to be determined by tenancy tribunal.

on

1

Mr Bernacchi said there was Making his closing address

the Defence behalf of Kinoshita,

prima

facle case that the legislature, said having chosen to designate Counsel (Mr Kakelil Masno)

who that

dispute, the that while he did not deny William Hutton

death. would decide such a (whose

the il-magistrate must wait that decision allegedly resulted from

whether to treatment received at the hands of before he could consider convict under section 8. the-Shanghai Gendarmerie) was in fact ill-treated, he considered that On-the-question-of suggested.

emphasised

of

Australia Backs 1947

Palestine Plan

Paris, Nov. 23-Australia today joined Russia and the United States in backing a Palestine peace plan based on the original 1947 partition proposal, differing from last week's British proposals, which are in line with the late Count Bernadotte's report.

Mr John Hood presented an elements of the Bernadotte Report. Dr Philip Jessup told the Com- Australian resolution to the United Nations Political Committee that, contrary to the British resolution, the conciliation commis- mittee advocating a five-member sion should not be tied down conciliation commission the the Bernadotte plan in advance. British plan suggested a three- member commission-and also differing from the British reso- lution on these points:

1. It gives the conciliation com- mission no clear mandate to settle the boundaries in conformity with Bernadotte Report

the

In

2. It wants boundaries Arab areas to be determined in con- formity

of "with the wishes the people."

It urges the Security Council to 3. It give "sympathetic consideration" to any application Israel might make the United for membership of Nations

The American stand on Palestine was outlined on Saturday in a pre- liminary statement, declaring that any change in the 1947, plan, sp- bly, should be made only if accept- proved then by the General Assem able by Iarnel.

1

SOVIET SUPPORT

the

U.S. AMENDMENTS The United States amendments can be summed up in the following three points:

1. The Assembly should not at- tempt to endorse outright Count Bernadotte's plan to give Western Galilee to the Jews and the Negev area to the Ambɛ.

2. Possible exchange of territory should, however, be taken into ne- count in the negotiations.

3. Tho

conciliation should "facilitate" the payment of compensation to persons who In-

committed

curred less in the war-Reuter.

King's Leg Trouble

(Continued from Page 1) At the beginning of the Assem-

Johannesburg: South Africa was radio British Consular oficials said yes-bly the United States supported the

Bernadotte Plan.

by early morning in the shocked terday that they were making or

debate In yesterday's

broadcasts giving the first news of Soviet Committee,

the King's illness. rangements to move their nationals Political

The King. the

and the Queen out of Canton as quickly as possible delegate reaffirmed support for the Count

Princesses had made a deep Impres- to Hongkong, where a number

sion on South Africans during the Bernadotte's scheme. evacuees have already been taken. original plan and rejected About 30 reservations on the ship

In the Political Committee today,

warm liking for their homeliness Falshan are being held for them. Mr Aubrey Eban, spokesman of the royal four last year and left behind

Provisional Government, and a profound respect for the de The other nationals in the group. larael

out their long tour, cared for by the mission

The United States, in a statement

Capetown's

cobled mayor ther the f-treatment did actually it was four months since the Arst Canton for the time, being and are States policy outlined.

hearing there were only three heat being

Atgroups which they represent.

omending the British resolution,

Buckingham Palace today: "Tic ings totalling six hours in all.

Silva in-

proposed that the projected con-

citizens of Capetown are deeply con- Counsel reminded the Court that the initial hearing Mr

OTHERS ARRIVE

ciliation

given a commission be Dr S. Sturton (medical officer in dicated that he was proposing to

to negotiato territorial cerned in learning of His Majesty's. free hund adjustments, but that it should also indispositions and on their behalf 1 be speedily restored to complete health take into account several important express hope that His Majesty will

grave doubts must be cast on whe-delay, Mr Bernacchi said although mostly Americans.-will-remain-lai-packed-the-Australian-and United-termination-with-which-they-carried!

cause Hutton's death.

com-

become apparent on the face of the 1118ld that he

proceedings until the evidence of the two complainants at least had been taken.

the Haiphong Road civilian intern-object to the magistrate's jurisdic- Though this is the first organised ment camp at Shanghal) had said tion and at the last hearing, after group to arrive here from the north, the cause of Hutton's emaciation the evidence of the second could have due

to dehydration plainant had been taken, he raised other refugees have been dribbling Counsel submitted into Canton for several weeks. One and lack of food..

his objection. There was also that the evidence, he submitted,

that in the present case it did not stateless person, who arrived with family from Hankow early in the got rid of his medical treatment given Hutton on his return from Bridge House gaol

quarters at in- to the Camp was completely

household effects and fire-sale prices in order to get away, adequate for one in his condition,

to settle in although Dr Sturton had agreed that On the face of the proceedings at He is now attempting he thought there sufficient present and not when they were South Chinn.

was medical supplies and apparatus in rst started there was an apparent the Camp to treat a patient such want of jurisdiction which entitled this Court to stop the lower Court as Hution.

from proceeding.

Counsel, in conclusion, submitted that William Hutton was ill-treated that he had raised a prima focle in the Kempeitai Hendquarters

case for prohibition and asked for Jessfeld Road," continued the De- fence Counsel, "but much regret his untimely death and deep As my sympathy is for Mrs Hutton, I must insist upon my opinion that a tragic error of Judgment regarding

"Not for a moment would, I deny

*15

al

T

the order on the ground stated.

His Lordship will give his decision this. afternoon.

VENEZUELAN

his medical treatment on the part VENEZUELAN

of Dr Dunn, cost William Hutton his ifo."

"FLIMSY" EVIDENCE

Dealing with the second chargo Kinoshita, the Defence .against

REVOLT

Willemstad,

Curacao,

Nov.

north of Caracas, who, said he was

Democratica,

evacuation

Canton

is also supposed to become the the centre of operations for Lutheran plane, St Paul, which, has been engaged in missionaries in threatened areas and supplying others in isolated parts of China, Formerly, the headquarters for the plane and its three-man crew was Shanghai.-United Press.

Mail Moving Despite Strike

to

German Police

Wounded

to

Bombay: The people, of Bombay heard of the King's illness through emergency news sheets circulated in the absence of newspapers and radio, silenced by yesterday's cyclone.

The man in the street showed greater concern at the 'King's all- ment than at the cancellation of the Frankfurt. Nov. 23-American tour, and there was a general wish soldiers shot and wounded one of for his speedy recovery.

Princess Elizabeth's husband, tho two Russlan-employed German po- icemen who crossed into the United Duke of Edinburgh, may undertake States occupation zone, the American in the next few months some of Military Government reported today. the public engagements which had

been planned for the King. a German Duke 1s at present on "half pay" Ometal reports

another and

policeman leave from the Royal Navy. sergeant

This arrangement was made so crossed the border from Thuringin Hesse, into: American-occupied

that he would be free to assist the troops or

in Princess while she remained American constabulary dered the Germans to halt and fired Britain during the Royal tour- warning shots over their heads when Reuter.

started

theu

they sit

sild

The

MUST TAKE GREAT CARE running back. The then pointed a German sergeant

London, Nov. 23-Buckingham rifle, at the Palace sources today. said

that so weapon, presumably

troopers, American

and they

far as could be seen King George wounded him, the reports said.

would have to take great care for aver- A constabulary patrol happened to the rest of his life not to

near the exert himself. manoeuvrCS be on field

Informants said that even if the which His circulatory condition, arrested, United

announced Majesty's physicians carly today, cleared up his illness bo no was zuch that there could question of a long and strenuous visit to Australia and New Zealand

were

13-day-old Atrike.

Presumably the same prac-

It Was

New York, Nov. 23.-A large proportion of civilian mail bound 23.-Caracas Radio reported for overseas is being diverted Counsel declared the evidence pro- duced by the Prosecution in support today that the Army had over- porte unaffected by the East Coast

Mall Germans was both flimsy and highly contro- thrown the Venezuelan Govern- longshoremen's strike, the New York border town of Huenfeld, where the

revealed. versial. The conduct of affairs inment and had proclaimed the Fost office today

ordinary routed through New York Press, the cells of Bridge House was the situation to be under control.

is being shunted to New Orleans, responsibility, of Major. Nagula, the

The Radio said the Army was fed Charleston, and other ports 'not in- section commander, sald Counsel, and to charge Kinoshita with being by Major Mendoza, Chief of the volved in he

with bring Army Corps. at La Guaira, Just However, it was emphasised that the 400 MACAO BOYS such as he had planned. A shorter visit might be possible in a year's concerned in the death

time DUE HERE was most unreasonable. Respon-obliged" to overthrow the Govern-Fost Office is only using ships regu-

The King had his right foot in an elbility for that death, he sub-

points. clon mitted, must be placed squarely onment as its party, the Liberal Ac-larly scheduled to sail from these WOL "taking tipe is being followed on mall for-

Four hundred boys. from Yuot electrically-heated cradle this even- ing when the Prime Minister, Mr. the shoulders of Naguts.

Venezuela to bankruptcy."

No special mention was made of merly routed through other ted-up Wah College. Macae, operated by

are arriving Attlee, visited him on routine diffciat Hutton

business. the

understood Referring again to

President Romulo Gallegos, elected ports.

A spokesman for the Postmaster the Salesian Fathers,

His Majesty's Blness is extremely Incident, Counsel suggested that a

by popular vote on December 14,

said this today by the ss Cheung Hing on a Robert Golban,

will require many cloak of secrecy was thrown ov

months of constant treatment. the whole incident to keep it from 1947 In the Arst direct election la General, no with the Post Once three-day visit to the Colony. In

Buckinghom Palace remained Kinoshila's ears. That object, Coun- the history of Venezuela,

Major Mendoza, the Radio sald, policy of keeping the mail moving charge of the party is Rev. Fr. J. Painful and

silent on the exact nature of the sel further suggested, was success-

guaranteed all private propertica by overy proper means possible.

The tour is cultural and educa King's lilacss. His physicians sald fully achieved, and Kinoshita, as a

the King was suffering from an result, had no knowledge of the and respect of international treaties. The spokesman said 493,000 bags of

He called on all Army and Navy mall have been dispatched by New tional. The boys are from various

circulation through Incident. In the same way, Kino- officers and mon to unite with him York Post Office so far, this month, parts of China and are keen

with a total of 075,000 seeing this model city of which obstruction to chita was entirely unaware of the

The the arteries of his leg and that a Illegal methods employed in extract and the people to stay quiet and compared

bare dispatched in October. maintain law and order.

they have heard so much.

to his right to defective blood

supply Includes from suspects, ing "confessioris".

This showed, he said, that a good programume Plots of planes arriving today

foot was causing anxiety." The despite the

Institutions, publie King's liness through widespread conspiracy from La Guaira reported that Pro-now is being maintained

is generally spoken. on the part of his subordinates sident Gallegos, was now a prisoner longshoremen' walkout. From the buildings, the aerodrome, warships, of as having been caused by a blood which went as far as the deliberate of the Army there.

start of the strike the Post Office has etc.

clot, but sources close to the concealment of all evidence of the An official communique listed to been taking up available space on

The trip was mado possible Palace said it was not necessarily employment of these methods before night in Caracas said that the whole overseas planes. No army mall has tours of Inspection carried out by Venezuelan: Cabinet handed in their been tied up by the stoppage. Army through the generosity of Dr Pedro a clots AMAT

Director of Economies, It was noticed that the physicians. Kinoshita,

resignations to the President shortly mail is carried on army transports, Lobo,

well-known bulletin emphasised that the King® Counsel, aninderthe Court to and after midday todo, MEER and the longshoremen have made no Macao. Dr Lobo, a Kinoshka non "13700 all, the thres They would remain at their posts, attempt to interfere with the loading philanthropist, pinned this tirp for general health, including the con-

for comoarn Urilted Press, obarga agad sihin koska however, unul A new Cabbat was operations on these ships United the boys who are being looked after dition of his heart, gavo ne reION.

by the Rev. P. Lappin. installed---Reuter. (The, trial: Ja proceeding

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