SHOPKEEPERS' HOURS

Evening Post, Volume CVI, Issue 70, 6 October 1928, Page 19

SHOPKEEPERS' HOURS

. TEST CASE BEFORE COURT Docs :i shopkeeper who takes a halfholidiiy on ;i 1 "*j itlsi 3,- —tt day provided by law -with the late dosing hour of 10 p.m. —have the i ight to keep his shop open until whatever hour hu chooses on Uie other dajs of the veckJ This was a matter argued bpfoie Mr. 13. Page, S.M., in the Magistrate's (Joint ycbtetday, when thhty-eight t-hopkeep-ers —most of whom were Chinese — were charged -with not observing the regulation closing, hours. Mr. V. Perry, who appeared for » number of the defendants, contended that the "Gazette" notice .under ■which the chaiges were laid was ultra, fires axid invalid because it was not in conformity with or within the powers conferred by the Satute. He pointed out that on Monday, Tuesday, Wednesday, and Thursday provision was made that shops must close at 7 p.m.; on Fiiday, at 10 p.m.; and on Saturday, at 10.30 p.m. All these closing times are subject to the statutory half holiday being observed. Mr. Perry submitted that no provision had been made in the notice for a shopkeeper observing Fiiday as a statutory half-holiday, although provision had certainly been made for all the other days of the week. He stated that there was nothing to stop a shopkeeper who takes Friday as a hoJiday from keeping open until any hour on any other day. Also that the notice failed to fix equivalent houis in the event of a person deciding to observe Friday as a holiday. ' That the limes of cldsing provided by the regulations had been dcteimined by the .shopkeopcis themselves was proved by the Inspector of Factories (Mr. W. J. Mountjoy). He also contended that when the shopkeepeis toto consulted not one of thorn made application for Friday as the holiday. They ' were provided with alternative late ' nights on either Wednesday or Saturday. Mr. Page upheld Mr. Mountjoy's contention that it was quite clear* that if Friday waa treated as a holiday then the late closing hour for that night was lost. "In iriy view the' notice is clear," stated Mr. Page, and he ruled that the notice fully provided for closing hours ■ for those who • used Friday as a holiday; that the regulation closing hpurs for the other days of the week would have to be observed. ' Mr. Perry then pleaded guilty to the charges laid against the shopkeepers for whom he was appearing. Mr. W. E. Liceester also pleaded guilty on behalf of several of the defendants. Mr. Page imposed the following fines:—Airs. A. Latimer, costs only, 10s; Miss S. Stevenson, G. England, and B. Smith, 10s each; 11. E. Holt, Hop Chong, Jack Shing, Jim Pee, Kwong Tiy Chong, A. J. Oldham, On Lea, Soon Lai, F. G. Warburton, Wong She and Co., .Wong Tong, W. K. Yuen Chong and Company, Young Bros, and Co., XI each; Ah Leong, Chen Tong, F. Clow or, Ging Lee, Helena Grounsell, Joe Ring Luni, Joe Quong Lee, Kwok Bros, Kwong Man Lee, Loo Jung, Peter Chan, Sun Tai Wall, and Y. C. Young, £2 each; Joe Loe Bros. And G. Wan, £3 each; and the Oriental Fruit Company, Sing On Tie, Wong Poy, and Young How Bros., £7 each. Ying Lee was convicted and discharged.