THE CHINA MAIL NOVEMBER
CHUNGKING COURT JURISDICTION CHALLENGED
THAT THE DISTRICT COURT in Chungking which grant- ed an order for the winding up of the Company, was not a court with competent powers in international law, was one of the points made this morning before a Full Court of Appeal, composed of Mr. Justice R. E. Lindsell and Mr. Justice J. A. Fraser.
apply,
The appeal was, against the deci- if international law did not sion of the Chief Justice, Sir Atholl set up courts in London or Paris to Macgregor, who granted a petition settle disputes in the occupied terri- brought by the China Merchantstories. Steam Navigation Company, for the winding up of the Hong Kong Branch of the Ching Kee Navigation Co.
Mr. H. G. Sheldon, K.C., and the Hon. Mr. Leo d'Almada, Jnr., in- structed by Mr. H. J. Armstrong, of Deacons, were for the appellants, while the respondents were repre- Dented by Mr. Eldon Potter, K.C., and Mr. H. C. Macnamara, instructed by Mr. D. L. Strellet.
Mr. Sheldon said the appeal was made on behalf of certain contribu- ory shareholders.
JAPAN IN. OCCUPATION
Mr. Sheldon read the petition sub- mitted at the first hearing and the written judgment of Sir Atholl Mac- gregor and said it was agreed that during the hostilities, and at
the time of the order of the Chungking Court, Japan was in occupation of China, including Chefoo, the register- .ed office of the company.
He would submit that during the temporary occupation of territory by a hostile Power, the Court wielding jurisdiction in that territory would be the court of the conqueror and not of the dispossessed sovereign Military occupation suspended the court rights of the "vanquished" Power who had no jurisdiction over vourts in that territory.
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There is no law for ligitation the dispossessed state in occupied territory and no law for a selected tribunal with authority to deal with a case where the place of residence and domicile, as in the company, was wholly set in territory occupied by an invader.
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WEDNESDAY AT THE QUEEN'S International law prohibited mili-"BULLDOG DRUMMOND'S tary occupation from interfering more than was necessary with local laws, but the Court in Chungking had right to wind up the company.
The case is proceeding.
CORRESPONDENCE
DISGUISES
no
Sir, -I read with amazement your report in the "Sunday Herald" yes- terday, and I should be glad if you would be kind enough to publish this letter in the "China Mail" to-day.
in my
I have never at any time made a statement to any reporter regarding my, work in Egypt. I have never used any disguise whatever state.
work in Egypt, it did not necessitate such disguise, and I was n ver en- gaged in any work in connection
If that was correct, how could the Court in Chungking have power over persons or things in territory occu- nied by invaders.
If the Courts of China still had jurisdiction over occupied territory, Japan would be bound to allow all disputes to be settled by these courts.
NO JURISDICTION
Chefoo was in occupied territory and the court in Chungking had no jurisdiction there.
Mr. Sheldon quoted numerous au- thorities on International law and said that Poland, now occupied Germany and Soviet Russia, could
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with trafficking in women and girls before I joined the Hong Kong Government.
I have frequently used the disguise of a Chinese woman in Hong Kong, when I was particularly last year making enquiries into the question of prostitution, although this is the first occasion when I have resorted to dis- guise when carrying out a 'raid.
Yours faithfully, Phyllis Harrop. Lady Assistant, S.C.A.
ART SHOW AT OXFORD
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The first Exhibition deliberately de- signed to help young artists who have suffered from war conditions was opened yesterday in the Ashmolean Museum, Oxford.
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It has been organised jointly by the Ashmolean and the Contemporary Art Society, and contains in ways a brilliant collection represent- ing the work of some sixty of Britain's younger artists.-British Wireless.
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Washington, To-day, The secretary of the Vice-President John L. Garner states that Mr. Gar- ner will run for the Presidential elec- tion in 1940 whether President Roose I-velt is a candidate or not.-Havas.
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