THE CHINATMMAIL, JANUARY 14, 1941. -
EVACUATION TEST CASE OPENS IN SUPREME COURT
MRS. MABEL EVELYN Blair brought ac- tion at the Supreme Court this morning against the Acting Commissioner of Police, the Hon. Mr. C. G. Perdue, and Mr. E. S. C. Luscombe, Assistant Superintendent of Po- lice, to prevent compelling her to leave the Colony according to the recent evacuation orders.
Hon. Mr Leo d'Almada, Jr., ermment abandoned their policy of instructed by Mr. E. Davidson, of evacuation and a large number of Messrs. Hastings and Co., was for women who were not granted per- plaintiff, while defendants were mission to stay were still in the asked 10 represented by Mr. H. C. Mac- Colony and were not nantia, assisted by Mr. EW. leave.
rid of Davies.
The policy of getting Brush woman and children had been abandoned a fortnight before Mrs. Blair's return.
had been
Mrs. Blair is asking for a de claration that Regulation No. 3 of the Defence (Entry restrictions) | Regulations, so far as it applies to British subjects in the Colony, ultra vires, void and of no ef feel; alternately, for a decla- ration that defendants have no power under Regulation No. 6 of the said regulations to compel plaintiff to leave The Colony against her will.
She is further asking for an injunction to restrain defendants or any police officer authorised by first defendant from taking ac- lion against her under the said regulations and for such further relief as shall be just.
20 Years' Resident
but in
Further regulations made to prevent those out of the Colony from returning some cases people got in by going by indirect ways and as transit passengers.
His case was that the regulations did not affect Mrs. Blair and he asked for that declaration and an injunction.
that Fie did not suggest
by Govern- appropriate regulations ment could not achieve their de- sire
Liberty Of Subject
made
honestly, must be made for the purpose of the act and, on the face of it, reasonably capable of securing public safety.
When the object was taken, it was difficult to accept that the
authorities, Mr. Referring to d'Almada said there was nothing 1914 In her affidavit, Mrs. Blair, of in D.O.R.A. (England) of
of the No. 12 Broadwood Road, said that authorising the taking she had lived in Hong Kong for wholesale liberty of a subject as the past 20 years and on July 2 of Mrs. Blair's in Hong Kong. left for Manila for health reasons. In 1914, as result of some cases She would have left carlier if at home, the Courts decided that she could. That was before any the Ordinance had limitations, and evacuation started. In November. that regulations must be she decided to return and left Manila on November 19, and, as a result, knew nothing of Regula- tions issued at about that time. On arrival here, she was refused permission to land and was later taken to the Passport office and was told that she would be sent back to Manila on November 24.
Later she went to the Office with her husband, and was given til November 30, after her husband had entered into a bond for $300. She declared her intention of con- testing this, and did not sail, and on December 11, she received # letter from the Colonial Secre- tary stating that she had to leave and that further action would be taken if she did not. She then obtained an interim injunction.
The Hon. Mr. N. L. Smith, Co- lonial Secretary, also filed an af-
lie safety as set out.
The regulations were made not
THE
TYPHOID IN WEST GERMANY
Reports of a severe typhoid epidemic in Western Germany are confirmed by an offi- cial letter from a hos- pital director received by the New York re- latives of a woman who died in Saxony.
The letter, states the New York "Daily Post," explained that the body had to be burned because the hospital had innumer- able typhoid cases. The paper adds that the censor passed the letter presumably be- cause it was official.
400 DIE:
KRUPPS
BOMBED
on
An R.A.F. bomb Krupps armament factory
Essen at
penetrated
a
on
regulations could secure the pub-shelter under the works killing 400 employees and under the resence regulations injuring 1800. but the Emergency regulations. This is reported by a British There were women in the Co- | United
Press correspondent Tony who had expressed their in-
the German frontier.
that a recent tention and had in fact ignored He also states orders, and no regulations were
bomb broke a watermain in Ber- made expelling them. Yet if a lin and simultaneously blocked an person domiciled in Hong Kong air raid shelter. was out of the Colony, she was not permitted to return.
In England, with the evacun- tion of children, it did not seein to have been necessary for Gov-
fidavit concerning the regulations ernment to arm itself with act.
and other matters connected with the recent evacuations,
He submitted no-one could rea- sonably be entitled to deprive had been no attempt in England the freedom of any persons. There to do this. But here, any person out of the Colony was affected as to her return.
This became flooded, drowning 700 people.
"I am astured," says the cor. respondent, "that these reports are authentic.
"They certainly are widely be- lieved in Germany, where the facts regarding R.A.F. raids are
population. spreading slowly throughout the
"This enlightenment is taking speedy repairs place despite which hide much of the bomb Mr. d'Almada argued that the damage, and the absence of cas- able to serve any of the objects regulations were not reasonably unity lists."
as set out.
Mr. d'Almada said that plaintiff had been resident in the Colony for 20 years and was permanently domiciled here. When she left on July 2; her departure had no con- nection with the evacuation. Her husband had made three applica- tions for her to be permitted to return but was not successful. She returned to Hong Kong vla Amoy the population of
Bearing in mind that among Hong Kong without her husband's knowledge: there were countless alien women When she sailed, she knew noth and children, could it be ing of the new. regulations. The that it was necessary or ex- question now was whether Mrs. pedient to public safety for Bri- Blair was to be excluded from❘ tish women to be out of the Co- Hong Kong.
lony. The regulations were for the maintenance of order, safety and defence of the Colony. He could not find anything to sug- gest that there were any reasons why they should be kept out;
Official Affidavit
In his affidavit, Mr. N. L. Smith said that, in 1938, it was felt that in an emergency it would be ne- and cessary to evacuate women children whose presence in
.the Colony would hamper its defence
sald
Executive Discretion
Liner In
Serious
Position
Coastguards at West Palm Beach, Florida, tri- ed fruitlessly for hours yesterday afternoon to re- Mr. Macnamara said that Mr. Smith's affidavit, showed the ad- float the liner “Manhat visibility of evacuation as order-tan."
ed. He agreed with Mr. d'Almada. Several hawsers snapped during that the portion evacuated was the attempts and the heavy only about one per cent, but the ground swells carried her further majority that remained were Bahore. Chinese, who could be easily evacuated.
Arrangements are being made to
and in 1940 evacuation was or- dered: Mr. d'Almada said that the statement, showed that only 3,440 Women and children were evacuated. His argument would be that the regulations could not be said to be reasonable as able to ensure the safety of the Colony At a rough estimate, there were
The question of what was remove the liner's 200 passengers 600,000 women and children in necessary for the safety or de- and, in fact, some of the pas- the Colony and the number eva fence of the Colony must rest sengers have already been taken cunted, was less than one per cent with an executive or the proper off by a coastguard cutter.
Surfwells have interfered was interesting to note that authority, who must use his dis-
ere not made cretion in the matter, alé
temporarily with plans to take the
The case was adjourned till them all off in all bo