Part 3
}
FOR SALE
Tenders are invitvi se purchase of any ti Plant (Direct Expan, lan).
Bakery: J. & E.
Dartford, England.
1t
Fal! Ltd.
Capacity: Approx. tons driver by McLaren Ricardo Diesel Engine. Capacity of Installation complete with insulated clumbers Br tong.
Installation can be inspected on board, "Yuen Sang" at China Merchants Wharf, West Point,
The
to
Tenders must be delivered
Divisional Sea Tranport Cyr, Peninsula Hotel, Kowloon Saturday, 13th
instore noon
Apr, 1946.
on
H.Q. R.A.S.C. HONG KONG
Fenders are invited for the pur- of the following craft as they lie at W. S. Bailey & Co., I, Shipyard, Kowloon,
HS.L. French, Hull And remaining fitting
It
HKO
lien,
{
#
Steam
Vessel,
lies.
These, craft inay be in pected between the hours of 10 am, and p. on 15th and 16th April,
2014
196
NOTICE MOTOR FISHING VESSELS AND
OTHER EX-ADMIRALTY HARBOUR CRAFT
With reference 14 the notice ated-20th January, 19467 pub ished under the authority of the Supplies, Transport & Industries Braneb the following informa-
in is promulgated:
Dwine to difficulties regarding
HARBOUR MASTER,
THE CHINA MAIL, WEDNESDAY, APRIL 10, 1946:
"No Case" Submission
fence.
Over-Ruled
Mr. Lo paid in part:-
of
Fourthly.If the charge of
this
But
The temporary deminion of the latter completely excludes, for the fine being, the original The
VICTORY PARADE
Hong Kong's reprezentativca in the Victory Parade in Lon- don will be leaving today by the Blac Funnel as "Ascanine" for Singapore, where they will transfer to the "Orantea" for Lovilon.
st
The contingent comprises about 30, made up of 15 from the HKVDC, jour from the HKNVR, three from the HAAG, four from the Police Reserve and two from ARP.
the
Food And Fuel Costs
Following to the official Food and Fuel costs for the we} ending miril 6, with comparisors:
Cirma 'itics
Rice
* og robles Saltabb Ar Oil
6 4.46 $ 1.410
1,159 110
--
Catties
7.2
Week u ing
30.3.46,
W.o's en 'iag
$ 1,440
.893
.110
.1.427-
.960
+36
668
.960
1.107
Been turd
10.0 14 picces
Cotal
1:000
1.000
.700 8 8.744
.700
Firewood
1.456 ..960 1642 .604
$ 9.178/
or incor-
Funeral
Mrs. J. Omar
The funeral of the late Mr. Jern Omar took, place yesterday at the Mahammedan Competory be fore large gathering of friends and relatives. Maulvi Cheong offlerated.
The late Mra, Omar has boon Ill for a long time and died at the age of 62 years. Born in Hong Kong, she is survived by two sons Mr. A. K. Omar, and Abdul, nged 12.
two daughtera and Lwo brothers (Messrs. 8. A. Sepher and S. A. Hamid). She returned recently from Macao, where the
the war
years with her
wero:-
Apent
family.
te those present
1. M. Alarokia, H. Mooa-
U. Gomail, S. M. Rumjahn,
TRIED TO "EXPORT" RICE
conqueror and the former own-may not nequire all the rights with causing the rest, incar- er, in recovering his sovereign of citizens of the new Govern- ceration or death of some person ty, recovers his claim to the al- ment. according to its constitu- who was not a British agent, the charge of treason was not appli- cable. legiance of the Inhabitants and tion and laws. resumes the duty of protecting
English Law
President Replies them. But if the conquest la
Replying to Mr. Lo's submis- confirmed, the allegiance to the
Under English law. Mr. Losion, the President of the Court, former sovereign is entirely se- went on, the inhabitants of a Mt. Leo d'Almada o Castro sald vered and that that to the con-compered country crame sub-that Counsel for the Defence had queror remains as it is, or bejecte: and were not to be con- divided his argument under four The first consisted of a
comes absolute according to the gidered enemics or aliens. They his argument in hie
motion to quash the indict- Le had argued, that
:
A SECOND SUBMISSION BY MR. HIN-SHING LÒ, COUN.dominion of the former.
SEL FOR GEORGE WONG, THAT THERE WAS NO shed sovereign, therefore, haa na power, as against the CASE FOR WONG TO ANSWER ON A CHARGE OF conneror, to alienate any part HICH TREASON, WAS QUASHED YESTERDAY BY of his own territory which may THE PRESIDENT OF THE GENERAL MILITARY be at the time in the possesalen Tea
tne conquest Salt Fil COURT, MR. LEO D'ALMADA E CASTRO, FOLLOW. of the latter. If ING A LENGTHY LEGAL ARGUMENT THAT OCCU-be completed, or confirmed, the Fish
title passes to the conqueror Pork PIED MOST OF THE MORNING AND THE WHOLE OF precisely as it was, when the
latter conqueror) first required; THE AFTERNOON'S SESSION. FOLLOWING THE COURT'S. REPLY TO HIS SUBMISSION, the possession.
The rights of corquest are MR. LO ASKED FOR AN ADJOURNMENT UNTIL THURSDAY MORNING TO PERMIT HIM TO PREPARE derived from force alone. They begin with pussession and end THE DEFENCE, WHICH WAS GRANTED.
with the loss vi possession.
is bold by rights of military oc-fsovereignty If they elect to con-1. A. Madar, A. Curreem; 1. M. As the trial reached its con-, of an enemy, it losen, for the By the term cunquest we
A. Razack, R. A. Bux, S. K. cluding stages yesterday, an in-time. Its claim to the allegiance understand the forcable acquini-plete con only and not as a com- tinue so, and all become its sub- Khan, O. Rahman, A. Kadir, A.
conquest
jects it It consents to receive A. Rumjahn and many others. creased public Interest was made of those whom it fails to protien of territory admitted to be Treaty in not the only mode them and they, by remaining in the considerably tect and the inhabitants of the long to the enemy. It expresses in which the rights of conquest the transferred territory, signi- evident by larger attendance than at earlier conuuered territory paan under not a right by a fact from which are confirmed and made valid. fy their cloction to become such,
a temporary or qualified alle rights are derived until the fact Ir the absence
of express sittings.
The old state, by the transfer Members of the Court are Mr. giance to the conqueror. The of conquest occurs, there can be treaty stipulations or legiala- of the territory, relinquishes its
e Castro (Pre- sovereignty of the state, which no right of conquest. ·
Before Mr. A. el Arcuali at Leo d'Almada
tions by the conquerut, the re-clain to the allegiance of its in- sident), Major L D. Kite and is thus unable to protect Its ter- The former are suspended by lations between the conquered habitants, and the new state, by the Summary Military Court yes- a 37-year-old travelling derived from, and the conqueror are determin- their tacit
terday Major C. F. Miles. Mr. M. A. ritory is displaced and that of and the latter
consent, receives da Silva is prosecuting, while the conquered la substitut the fact of conquest, and in ored Ly the law of nations, which them as its subjects.
trader, Liu Kan, was fined 1,000 or three months' hard labour for Victoria. Mr. Hin-shing Lo, instructed by jed
this der to determine the date of establishes the general rule, that in its stend.
Generally the inhabitants of attempting to export 1,200 cattles Hull, Engines, etc. as she Mr H. L. Kwan, is for the de-change of sovereignty may be such susension or acquisition of the leglance of the conquered a conquered territory who re of rice on April 8.
only of a temporary character, rights, we must refer to the is transferred to the 1 ew sover- main in it becomes citizens of Mr. F. X. d'Almada appeared for the conquered territory may fact of conquest and not to any eign.
the new state, for justice would, for the prosecution, while Mr. I respectfully submit that be recaptured" (as in the present prior intention or determination
case) by the former owner or it of the conqueror.
Alloglance Suspended there is no case to answer.
seem to require that the rights Alfred Y. Hon appeared for phe More military occupation docs of citizen should be kiven them defence. Firstly. This charge of high may be restored to him by R
Subject Of Rights
It was alleged that accused was not, of itself, transfer the alle in return for their allegiance. Seniet tenders should be for treason based upon the Tretso tre of peace. The allegiance
giance of the inhabitants of the But the general rule of justice seen loading 18 baskets of rice at warded to HQ. RAS.C. VIC-Act ni 1351 cannot be validly of the Inhabitants of the terri-
Bun, it is said, no the sub-territory so occupied absolutely must yield to the condition upon the Cheung Chau Wharf onto the
motor junk "Lee Wah". TORIA BARRACKS, Hong Kong, upheld after hearing and con-tory se occupied is a temporary in or before noon 1705 April, widering the evidence adduced. and qualified allegiance which jec of rights, cannot be comparand unconditionally, to the con which the conquered
The rice was ordered to be con- It only suspends their porsted into the new state, and stated. Stondly-Unless this charge beer mes complete only on the led to a thing; his rights do not, queror. of high trenson is salid, ub-confirmaton 6 the conquest, so to speak, hand upon him as allegiance to the former sover to the pecalise character of the starliai miscarriage. of justice and with the express or implied they hand upon a piece of land: jeign sed imposes on them a tem-institutions and municipal laws
porary or limited aliegianes to of the conqueror. it would not enemy or weakened the power of wil, ensue in view of the fact consent of the tonquered sub-
the Government of military oc- reasonably be expected that the the King. that the 36 overt sets forming |jects.
cupation. If Obedience to the laws,, which
In going over the evidence sub- the conquest is conquering state would modify the subject matter of this grave
surrendered to the former own-jor change its laws and political mitted by the Crown relative to charge against the accused dia-the conqueror may be imposed
er, the temporary allegiance of institutions of a conquered, ter- the other Overt Act, Mr. Lo sub clone great variety of offences by the right of conquest is un- or at-doubtedly one of those implied ranging from murders
the inhabitants ends with the ritory. The inhabitants so in-mitted also that where the accused was charged by the Overt Act There is no limit
temporary sovereignty of the corporated, therefore, may、 or templed murders to acts of vio-conditions. Herve or a jouder of different to such obedience and may not felonies and of different misde- those who have thus submitted meanoura all being included into the authority of the victori- off, at any the same indict-ous enemy, throw the ne and
time. this temporary allegiance mert against the accusel.
Thirdly-Because
this to the conqueror, and restore! charge of high treason, the de- the former and rightful sover-: the shipment of Harbour craft fence cannot put the Prosecu-eignty. In order to arrive at a Hongkong, commercial con-tion to election or apply for satisfactory answer to this ques- eens are hereby advised 覚える separate trial of the various of-tion, it may be well to consider nke their own arrangements fences alleged and the defence the more general right of rese- for the purchase and transportievously embarrasser.
lution. This rests on the gen-they proceed from him; they relations which the inhabitants had the rights of British sub- fuch craft as they may
erni principle-the relation of constitute his intellectual or of the conquered territory hold jects but not necessarily the po-
mont, Mr. mgmine -x-Naval or other
litical rights of an Englishman. high treason is not legally de protection and allegiance, or the spiritual property, which, can- towards the new sovereignty, apes of craft, or to investigate
The rule of Public Law with It was a universally accepted the Tresson Act of 1351 did not Chinezo inhabitants the question of building these fective, the evidence adduced is reciprocity of right and obliga-not by the agency of what Gro-
tion.
tius calls a Nudum Factum, be respect to the allegiance of the the law of nations that apply to longkong.
The Harbour not afficient to support
of Hong Kong. Wien Hong Kong was cap separated, without has consent inhabitants of conquered terri- the laws of a conquered country Muster
Apart from the reiteration of is prepared to give grave charge of high reason
tured on Dec. 26, 1911, the peo- from his person.
It follows,tory, is, therefore, no longer to Information and advise on against the accused. paint that may arise in this; This charge of high treason ple inid down their arms, they therefore, that when a person to be interpreted as meaning that continued in force until altered his argument, Mr. Lo had intro-
nnection."
cannot be legally maintained. were allowed to continue their whom certain rights belong is it is absolutely and uncondition by the congeror. Territory ace duced a new argument, this being quired as a conquest was to be an attempt to distinguish the ordinary peaceful Lecupations, captured by an enemy, such cap-ally acquired by conquest preserved as such until the so- status of Hong Kong as Firm Possession The Court has heard the without hindrance or restraint,ture gives to the eaptor-only the transferred and handed over by vereignty, to which it passed le-territory from that of Natal as a which ha sald WAK Largamente ppt on behalf of the but with the tacit er Implica corporal, and actual things in the treaty, as a thing assignable by gislated for it or gave it powers territory
by exploration and set- defence on its motion to quashent that they would oppossession of the prisoner.
further resistance pose 1:5
to All rights of military occupe-of-the subject. On the contrary The relationa. of the inhabit-tioment. Assuming for the pur- the indictment Fuller argu- the power of the conqueror.tion arise from actual possession the xpress and implied consentants of the conquered territory pose of argument that this was Court and we submit that after They were virtually in the con- and not from construetive con- of the subject is now regarded were not in general changed by 80, it nevertheless seemed to the de facts and as essential to a complete new the urt of conquest, although Court that no difference could be drawn between an inhabitant of bearing the evidence the Court dition of prisoner of war on quests; they are
parole. No word of honour has not de.jurc rights...
allegiance. The Aigament which re-in in a better position to con-been given, but it was implied; Merchants cabling their
Captain Elliotts Proclamation bound him to the former sover the conqueror might suspend or Hong Kong and an inhabitant of alter the municipal law and Natal with regard to the daties quirements, direct to us and open-side the submission of the die for only on that condition would formis part of the laws of Hong eigr is dissolved by the transfer make news ones instead. There of local allegiance of such inhabi- ing letter of credit can have any fence than before.
Heng Kong surrendered on the conqueror have relinquished Kong. The Treason Act of 1851 of the territory, for that sover-
the extreme right of war, which cannot apply to the Colony of eign
can no longer afford him could be no doubt of it being
De Jager CaseTM quantity shipped un steamer
that De. 25, 1941, and from
he held over their lives, and Hong Kong.
any protection in thac territory. general principle of English BENLIDI sailing from London date till the return of the Bri- have suffered them freely and
In the courye of the argument, The conqueror's title will be, But he is still an alien to the fmmon Law that the inhabit-
were gov Defence Counsel had laid stress on or about· April 12,
Great tish Military Administration on peacefully to pursue their ordin- [considered complete from the new sovereign, and caves to him ants of territory acquired by opportunity for merchants to re Sept. 1, 1945, Hong Kong was
Lary advocations. But this im time he proves his ability to only that kind of allegiance call- erned by the municipal laws on the fact that on the De Jager ceive this merchandise quickly. occupied by Japan' as its captur-plied obligation does not bind maintain his sovereignty over ed in law, local or temporary then in force, but at the same case the charge was not brought There was no evidence to slow By the conquest and military those who remain in arms or his conquest manifesta by some and which is due from any allen, time it was also true that some under the Treason Act of 1851. occupation of Hong Kong. the those who are retained as prison-authoritative act, as of annexa-1 while 1esident in a foreign coun- of the laws of the new sovereign that this was so on the only record of the case available to the Court enetry, acquired that firm pos-ers of war their right of resist-tion or incorporation, his inten-try, for the protection which is
a part of afforded him by the Government ty extended over the newly ne-
Both of of such country. If the inhabit. quired territory and, therefore, but there appeared to be some.
decreo of ground to Hession which enabled Japan to act continues. It la only those tips to retain it as
Mr. Lo's submission without any special who enjoy the favours of the his own territory.
the ceded rights.of
conquered exercise, the fullest
and changed that as De Jager 'was sentenced conqueror by a relaxation of the these requisites ability to maia-ants of
statute, modified sovereignty over Hong Kong.
to five years' imprisonment and the municipal laws. The sovreignty of Great Bri-Tights of war for their benefit tain and intention to retain-are country choose to leave it on its
that they are tacitly bound by
Turning to his second point, line of 2,000, the Privy Council tain over Hong Kong was, of the rcceptance of such favours, necessary to complete, the con-transfer, and to adhere to, their quest; and the latter must be former sovereign, they have, in'
to the Treason contre, suspended and the InwsIf they decline the favour, they manifested by some unequivocal general, a right to do so. None! Mr. Lo said that it was hardly was deciding on the principle of of Great Britain could no longer do not assume the obligation,
Beveral distinct Aca.
Ordinance No. 3 of 1858 in the tion, made by the sovereign au- sovereign would force them to indictment containing 36 counts without regard bo chligatory upon the inhabit. Thus, a prisoner of war, who
charges of misdemeanours and at FOUR SHILLINGS each. ants
particularly non-British refuse to give the parole may thority of the conquering state. remain and become his unwill involving
It absolutely clear that the Trea- subiecte, who remained and sub-kill his guard and effect bis es Without some such authorita- ing subjects.
violation of cape, without any
All are alike aliens to the new felonies, for it would be impos- Supreme Court Ordinances mado tive act, the conquered territory.
sible that he should not be gre son Acts from 1351 mitted to the conquering state. the lars of war or the obliga-
vicusly prejudiced as regards the latest Treuson Act in 1848 By the surrender of Dec. 25,tion of honour and intrality,
each: charge by the evidence applied to Hong Kong. The Thousands shipped to Middle 1941, the inhabitants of Hong
In an or- of 1361 was It must be remembered that
given on the others, East.
us specially laid down dinary criminal Kong passed under a temporary this tacit agreement is mutual
trial there by Section 0 of the Ordinance. At
the Quick shipment of pressed bales or local allegiance to the Japan and equally binding upon both
should be separate trials of all
based on the Namn points was dismissed. The Court today at one thousand assorted garene Government and were bound
the "Okinawa Chindits." Tiger the charges to avoid embarrass-motion day's hearing. Mr. Lo's by such laws and such only as it partes. If the conquered sub-
Sird have noticed in your Force was composed mainly of ment of the defence.
may be had no lose hesitation in dimiss- tradesmen construction airfield
it. is, the man "Ab chose to recognise and impcoe.jects are under the Implied obli- Establish confirmed credits in From the nature of the case gatun to make no further re-
of the much talk about the cleanliness.
concerns various no caso to answer.
Batter Position slone and usages and the evid-only in consideration
favoura and privileges they are of Hong Kong. I would like to retors, plant operators and worke ence of Hirao and Yamaguchi, to derive from a relaxation of draw your attention, to a matter bends, together with a few ordin. though it
and clerks. "Although there may be a large
Mr. Lo's second argument was a no other laws could be oblign the extreme right of war, by be. which in my opinion needs look-ary RAF. types such as fitters, charges," Mr. Lo continued.
Ing into immediately, I have cooks, electricians tory upon them; for where the ing allowed peacefully to pursue noticed time after time that rick With the abandonment of airfield number of overt acts, 10 order
and were sent home to to prove one. linked with the third. The security there can be no cinim their ordinary occupations with "haw chelles are using the kerb-construction these builders wore to succeed the Crowthe question litiko duent to understand a pleas to' obedience on the part of the/it any further restraint than aide for a public convenience carry on reconstruction work, but as to whether, a treason charge was clear that an unlimited num
may be necessary for the safety The "Kenslde" I refer
Tradesmen of normal may be validly upheld je.one of her of evert acts could be laid to It could be #fgued Vanquished.
of the conqueror. situated in the road leading to all the
RAF. types, such an electricians, grave importance, as substan- one charge
the accused The general duty of obedience the China Flest Club. This is a cook terore left bohind, and rescuerfage may ensuchting against Mr. Eo that
better position be The municipal laws of a con
diseases will no doubt be used to replace. ́ ́MEAT DISTRIBUTION
quere territory vintinue to the laws, results from the pro potential source of many force during inflitary pocupa
This may not be for
Your
longest partment but perhaps you could. It would be simpossible to Attention. Is drawn, to "thetlan; except so far as they are tection they afford to the livos | particularly; in, hot weather those chays who have bem out the less, the treason can be Tegally, was placed in
rectify it, through one of your
R:A chaps here and in Dalry Form Ice and Cold Stor- suspended or changed by the and property of the citizens and
spagne Military Insurgents...
India, an "Navel Spectator" and are Ltd. Advertiament regard-act of the conqueror. It is subjects, G ing the distributions of Austrs-nos ecessary, however, that
The extreme right of the con-
gests, with TigerForo personnel who are only qualified in the apor Han Moat and those concerned such change should be made by
DISGUSTED AGGIE. ara requested to make a note of spesial, deoreo: it may be done queror over military insurgents.
#Naval – Spectator struction.". the new dates of issues.
by the introduction of a differ-ja lipsited by the laws of human- ent rystem of Jurisprudence, city, and he is justinable, i ho tion of your letter, as experience cialized work of building and con lons realise that movement "to Biding in Mongkok Road on a different Usage and custom resorts to cruel and unnecessary has proved, would only lead to stru
Californid in 1848 purishments, auch rights should feeling and would not serve to may have been in the Service. (Example:
improve his behaviour. Erleycle with sack containing a
bome of Tiger Force was not the and their exercise tempered CARAT SHE
decision of the men
en themselves dog they had stolen from No. Band Hong Kong in 1842 nd Always be used with moderation, make the gentlemen In Bucation long time but certainly no Fuk Wah Street, Toug Tim and 7. 1911)
“Okinawa Chindits" -
hut of the powers that bein peclination: sUS] ided
raidenio tulbara-only hope that when he says: oty and domi
of Naval Spectator in prayer for Tiger Foros he wonk
Elink:16; necse", Loreet ene for himself-te, needs. The
Itongkong, 4th April, 1948.
SPECIAL ANNOUNCEMENT
HALF A MILLION
MEN'S SECOND-HAND
JACKETS
and
TROUSERS
ments will be put before the
ed or conquered territory.
be enforced there or
Suitable for Hongkong trade
mente.
.........
or
contract and without the assent to legislate for itself.
Readers' Letters
"Cleanliness",
conquest or cession
tants.
coded
onwards
to
payment of any quantity on an] having regard to the law-of-na. Bistance to the conqueror, it is recent issues of the "China Mal"such as bricklayers, joinera, con heard on a treason charge evening his submission that there waS
English Bank,
M. Newman, (Contractors)
Ltd.
Heap Street, Manchester 7: England, Cho Address: Harbinger.
Fung Chik were arrested by Duty Of Allegiance
polk opetable. Both docudd - The duty, of allegianco, la teol bleaded guilty ofgre Latinas, yesterday and ware, some procal to the duty of protec
tenord to; month's-færŐHÍR
kach.
Inspector Andrews pro
hed: therefork
territory from the superl
with
De
rema
fox: to: is
Bublica
about the
return homeidla
споив
ORCE:
maintained
ficlanf:*
were
Coudsol
&
later charge
and
could argue that he onco-been in Secriardy dy The fourth stupirit made by Defence Counach was that even should the charge be maintained, the evidence offered in support of the 30 overt Rots was insufficient to warrant the case going to a Jury, The Court had to look at, the cam first 'at adres, and de
Poplusfälzly say that a stopably convict on
the Court hold.