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You can trust your personal Beauty Problems your Per manent Waves, Shampoo, Sets Tinting. Facinia. Manicure Pedicure to Reten's expert operators fixt floor) obave Lane Crawford's. Tel. 33101.
NOTICE
URBAN COUNCIL
Applications are invited posts, of Beach Inspector Island Beaches.
for
for
THE HONGKONG AND SHANGHAI BANKING
CORPORATION.
NOTICE IS HEREBY GIVEN that an Interim Diyl dend of £2. 0. 0, per share (nelt after deduction of Hong Kong Corporation Profita Tax) has been declared in respect of the December year ending 31st 1947, at a rate of 1/2 27/32d, per Dollar.
THIS DIVIDEND WILL BE PAYABLE
und op
affor MONDAY 11th August at the offices, of the Corporation, where Shareholders are requested to apply for Warrants.
THE REGISTER OF SHARES of the Corporation will be closed from MONDAY 28th July to SATURDAY Đ August, (both days inclusive) during which period no transfer of Shares can be registered,
RY ORDER OF THE ROARD OF DIRECTORS. A. MORSE, Chief Manager
Hong Kong, 8th July, 1947..
UNION WATERBOAT COMPANY LIMITED.
Shareholders are notified that new Share Certificates are ready land may be had on application, at the Company's offlers, 3rd floor, Union Building.
DODWELL & CO., LTD. General Managers.
Hung Kong, 11th July 1947.
NOTICE
IN THE
SUPREME COURT OF HONG KONG
PROBATE JURISDICTION
IN THE GOODS of John Archibald Temple Plum-
Avenue Ferndown in the County of Dorset, de censed,
:
to
ho
}
THE CHINA MAIL, THURSDAY, JULY 17, 1947., A
SLAP HAPPY'S APPEAL DISMISSED French
Long Judgment By Full Court Upholds Trial Judge Funds
Wants To Make Further Appeal
adhered
10
the
self of bis British nationality owes a leglance.
on ta taken in arma
nguinet hla Majesty, his enemy nationality will not
proseutica for protect him
rawn."
Even if it might be considered miadirection inasmuch as the Judge appears to have decided
question which was for the facts in Ahlers case differ widely
It cannot be disputed that the
on one
*ynonymouse
with
purpose
Humidity
Is The Answer
Hiroshima, July 15. ·
Released
demon-
Shanghal, July 16. Following repeated strations at the 'Frond Con- aulate by members of the for mér French Municipal Council, the Acting French' Consul
promised to from
The appeal of Inouye Kanao (Slap Happy) against Jury to decide, namely, whether from those in the present case. Professor Takeo Fujiwara of General, Mr. G. van Laetem, la
whether treasonable the Physics Department of Bun- reported to have the conviction and sentence of death passed on appellant at the material tire Ahlers activities which fell to be
US$200,000 5th rika University here anys he unfreeze day viz., him by the Chief Justice, Sir Henry Blackall, was a British subject, it would considered
undoubtedly on this point be occurred on April 22, when he was found guilty of High proper to apply the proviso to August, 1914, the day after the bas the answer to the mystery several foreign banks to pay
war broke out. On that day, he of why eggs can be made to off the men, Treason, was dismissed by the full court of subsection (2) of section 78A
few Germons to stand on end at the mystic hour The sum, which was deposited appeal, composed of Mr. Justice E.H. Williams of the Criminal Procedure Or. had assisted a and Mr. Justice T. J. Gould, when judgment dinance and to hold that there return to their country. Inp. of Li Chun-the first day of in the Hong Kong and Shanghai was no miscarriage of. Justice.delfinta case, his activillenerspring on the Chinese lunar Banking Corporation, the Chase Bank and the National City was given yesterday.
1944 when the war had been in Claiming the phenomenon to Bank of New York, were asseta Inouye Kanao wan sentenced, then he added "That made him The evidence was clear that a period of three months during calendar.
death by a War Crimes a natural-born Britlah subject. pel'ant was a natural-born Bri- Court, but he appealed against The next sentence in the sumtish subject and had not divest progress, several years, by which be due simply to humidity and frozen by France at the outbreak While other French Municipal the convletion on the ground ming up in "the next questioned himself of such nationality ime appellant had ample time to its effect on egge, Fujiwara of the war,
consider the consequences of his says egga can be made to stand time--only a that he was born in Canada.
at any time so long as the pro- Council unsola word turned over pont have to decide is whether at the material
We now come to consider the per humidity is maintained. In the City Government with the He was Inter charged before he has divested himself of such perverse, jury would have de-nets and his duty of allegiance. In conandering cited otherwise.
mal difference between the two Puzzled by claims that eggs |_retrocession of the former the Supreme Court with High nationality."
Intent Trenson and there did not deny that point, he explained how a
cones. In the passages quoted can be made to stand upright, French Concrasion, this sun had British
In den'ing with the question from the Ahlers case, it is to be Fujiwara mobilized his staff to not been included, it was reveal- subject the 27 overt acts with which natural-born
Intention as find a scientific explanation. He ed by S.M.G. officials yesterday. hr was charged. He admitted may so divest himself by mak- of the intent necessary to be apparently treats
King's ing a declaration of dillenage proved, after first stating the
or tried various experimenta auch Reuter. enemies but anbmitted that he and here he assumed for the well-known principle of law motive which is contrary to the na boiling, freezing and X-ray-
criminal lawing. All were futile. did not do so traitorously, was purposes of his direction that that when a person does an actual principle in
Japanese subject, and at all Japan claimed appellant as her which would appear reasonably where the question material times owed no allegi-untional though he painted out to sayo've certain consequences, material.
there was no evidence as to the the jury were entitled to assume ance to the King.
Japanese law on the matter; that he intended the reasonable The judge then considered | consequences of the net, the whether there was ang evidence learned judge gave a direction of diventing British nation to the jury which took the form ality, pointing out that in law, of a detailed exposition of the After the judgment had been the mere joining of the Japan-ence of R. v. Ahlers (1 K.B.D. delivered Inouye said that he ese Army was not a declaration (1915, 901) and concitided with would like to apply for leave to of alienage, He mentioned that the following worda:
"ay will be for you to decide appeal to the Privy Council and appellant did not claim he had
whether b was told that his application ever made a declaration of al-mare patrille motive in carry would have to be made to the licnage and also that, in law. festa or mural duty in the belief that
he could not make such
desire to make quite clear that B dew** proper authorities.
I by ba marina follower from the evidence Following is the Judgment, inclaration in favour of the bed, whether you take the view that
„that; the nations of the nepellant de dich dense arta with the object of enemy after a war had broken at the King's enemies but that he part:--
Tatile to six country, Certainty they After referring to the was guided by evil motives. He has budd This is on appeal against the out.
were not necesarity Intl)»."
the That, in our opinion, is appellant before then that he was, in his view, badly treated conviction of the appellant for trial of
in Canada feral it may be that he was essential difference between the High Treason. He relied, at the War Crimes Court, he went un
noraing krlevonce against the Auh two cases. Can it possibly be bearing of the appeal, upon two to say In decidlag whether or Saxon race and their allies. Now, stentle- grounds (which depart same- not a mau is a British subject, men, that is question for you. If you what in form from the notice you have to go by what the law consider that he was purely actuated by of appeal) and which may he is and not what the particular the belief that he was carrying at Fla
believes it to beuty hunently, then you should give him Appellant individual Finted as follows:-
that. If, on the other be hand, you consider he was intending and no abjection can Clearly taken to such a statement: the mainly cured in seifing the King decision as to whether he washes, well, then, you might to feed his
The appeal was made en he- half of Inouye Kanno by Mr. Charles Loscby, while the Crown was represented by Mr. A. Lonsdale.
Waa
the benent
ruffly."
wens merely actuated by
dalone right. Or, su
اده
mil R
the older
of intent is Finally, he considered humidi- ROOSEVELT'S M. M.
ty, which led to his disovery Again, if Ahlers
believed the that the shall
of the exķ.
Washington, July 14. persons he assisted were entitled which is porous, becomes rough; The French Government gave to the benefit of days of grace, it enough for an egg to be the Medaille Militaire-highest would appear to him that he was balanced while the right lumi- Frencu military honour-pos not injuring our interests in as dity was maintained.
thumously to the late President sting them-his purpose and He says experiments showed Roosevelt In an Embassy cere- Intention would nol ther be that eggs revealed less, ine inn- meny attended. by President hostile. The learned Lord Chief, tien to stand during high humi- Truman and others. Justler, in giving the decision, dity or when
were okl,! would appear to have adopted owing to the seepage of minute these views for in allowing the particles of the white of er Appeal, he stated: --
into the pores of the shell. United Press.
WITH
gued that appellant's actions in This Colony were not hostile or not necessarity hostile to 4.
under cross-examina. tion stated, 'I knew we were to do everything for counter-espionage work but nut trencherously ie. we were not to kill them right
There
they
The French Ambassador, M. Henri Bonnet, presented the award to President Roosevelt's widow. Mrs. Eleanor Roosevelt. -United Press.
Iron Fist In
Fist In The Iron Glove?
Budapest, July 14.
Matyas Rakosi, Communist Vice-Premier, warned in a weekend speech that if Dezso Sulyok's Rightist "Freedom Party" tried to harm the laws of Hungarian democracy, "we will beat them down with an iron fist,' Rakosi's warning came as thei Communist press continued its
(1) That the fearned judge mik- wrong in law and directed the jury ir directing them that the appellant at sli
a Britist subject is at left to Counsel for the Crown con- off, and again I realized that to. material times
British the jury. However, after re tends that the direction on the slop British espionage would be was a subjec
he marking that appellant's belief subject of intent went a great against British efforts. and further that mer of Byways Beaufoys never was a Japanese subject, he was a Japanese subject could deal further in favour of the were no less then 27 overt acts campaign against other parties Ten Year Plan
(2) That the answer given by not operate to make him one, appellant than was justified by of adherence Lo the King's the learned judge to ques the judge then went on the make
the decisioni In Ahters stutement which Counsel which decision is, in his sub- lenged by appellant.
Case enemies, not in the main, chal campaign for "Rightist votes." ""There are atil some ele-! tion put by the jury after the the
ments in Smallholder ranks who
For Malaya ennclusion of the summing up for appellant relies on as mi
mission, peculiarly bound up!
Too Favourable NOTICE IS HEREBY GIVEN was, in effect, a direction which direction namely, "I have direct with the facts of that case. He
the try to win favour with In the opinion of this Court, the Rightist... most probably all that the Court has by virtue of nullified that part of the sumed you that he was a natural-asserts that it is inumaterial in
democratic ones. Seellon 58 of the Probates Or-ming up dealing with the ques-born British subject and that he law on the question of intent question of intent as left to the parties, even
Communista will din.nce 1897. made an Order | tion of Intent.
Jury by the learned judge was too expect the material whether or not appellant was favourable. The matter was put Aght for these votes," the Com- Biting the time for creditors
Joyce Case
or believed blmst f to bg u
In this way:-
munist newspaper, "Szabad Appointments would be fem-and others to Bend in their
Counsel for appellant also sub-
Japanese subject and that, If you wnsider that he was purely Nep." warned editorially yeater porary, until the end of Novem-claims against the above state milled that the learned judge
Reference Back
therefore, eve: if he did the by,he belief that he was carry- her. 1947.
Applicants should to the 11th day of August 1947. bad followed the procedure
The sentence I have directed acts complained of pursuant to Ing out his duty honestly, then yo.a Rakost also charged that re- Economic
The Union Government's have a
u good knowledge
Development Com- English and Cantonese and
have Ares in Hungarian Industrial last year, has already gathered should be able to ride a motor
Joyce case in deciding that the tense, must refer back to some patriotic Japanese, he would appellant owed alegiance to previous direction of the judge! not thereby be excused. If this, which cycle and be able to, swim. -
the king which was in his sub- but in fact he has not given a good faw, then the answer to carried out his duty to Jupan works.
the Jury's question becomes ir- without at the same time causing relevant and could not prejudiced the appellant.
Salary is $200 per month plus affowances in accordance with Government Regulations.
Applications should-be -ad- dressed in the candidates own handwrithing to the Secretary, Urlan
Office Comell, PUBL Bohling, Top Plur.
LAMMERT BROS.
Auctioneers, Surveyors and Appraisers. Pedder Building. Telephone No. 20224.
PUBLIC AUCTION
The Undersigned have received Istructions to sell. by Public Auction on
T-
Friday, the 18th July 1947 commencing at 2.80 F.M.
Rooms No. at their Salca Hankow Road Kowloon,
A FINE COLLECTION OF VALUABLE HOUSEHOLD
FURNITURE comprising:-
Tenkwood
All creditors and others are
necordingly hereby required to send their claims to the under-
signed on or before that date,
Dated the 16th day of July,
1947.
3
·JÖHNSON, STOKES- & MASTER,
Solicitors for the Executors of the Will of the abovenamed deceased.
Hongkong & Shanghai Bank Building,
Des Voeux Road Central, Hong Kong.
remained so at all times."
shoufl'ative him the beneft of that!
day.
Kuala Lumpur, July 16. The Malayan Union Govern- ment is considering a 10-year economic development plan for Malaya, which may cost $800,- is learned here. 000,000, (about 270,000,000), it
adopted by Tucker J. on the you ect. being In the past his belief in his duty as a There were numerous ways in actionaries were responsible for mittee, appointed at the end of
And
any direction in these exact terms though he had on page said That made him u natural. born British aubject. again, on pages 3, 4. He was born in Canada and therefore he was a British subject. These statements must, however, be taken with reference to
!
Ahlers Case
-- The essential-facts in the Ah- lers case was that Ahlers, German who was naturalized ns what a British subject and held the
to do the
appeilant
could
"Another organized group is some 40 development schemen
have injury to this country eg. he attacking our reconstruction by from heads of various depart could have assisted in maintain-setting fire to the most import-ments, and these are now being ing law and order in the Colony, ant agricultural factories, tram- examined in detail to map out
a practical programme, the ordinary police duties which way yards and shipyards
Financing of the overall and permitted by International trying desperately to prevent would come,, where it applios, the invading enemy is expected Hungarian reactionaries...are
-economie development~**plan' the development of Hungarian
from the Colonial Welfare the democracy by much
Development allocation for araon," he said.—United Press.
Malayn (Malayan Union and Singapore), which amounts to £5,000,000, and also from ather sources such a revenue sup** also publie loans
темия де
mission a question for the jury and not for the judge to decide, In deciding whether there was any misdirection In the present case, the whole of the aumming up must be looked at, rather than individual and isolated sen-
Law to do. tences. At the outset, the Judge
The correct direction to told the jury that they were the
Jury un the question of intent sole judges of fact: that if there has gone before them and these post of German Consul at Sun- would have been simply that they was anything he said on ques- passage deal with the facts of derland, on the day following must be satisfied that in doing the lions of fact with which they his admitted birth in Canada, the outbreak of the first World acts complained of the accused
Sofia, July 15, did not agree, they should re-questions of fact which the War did certain acts to assist had the purpose and object of Government officials reported German subjects to return Ject it. He then went on to say judge had clearly told the jury
One of his de assisting Japan in a manner detri. today that they had uncovered pluses and that they had to be satisfied be- were for their decision. As re- to Germany.
the whether raised locally mental to the interests of this spy ring working for yond all reasonable doubt that gards the part of the direction fences at his trial for treason country and that if they were so Greek police in the Smolyan re- London-Reuter. appellant was a
that appellant remained a Bri- was that he had no traitorous satisfied, the question of whether glon, near the Greek frontier. who person owed allegiance to the Crown times, the judge had given was entitled
tish subject at o' material intent in that
he believed he he did those acts because he United Press. nt the material nter and
acts owed a duty to Japan, was Irre. careful direction as to the man- complained of pursuant to his event. The secondly, that he alded the
direction actually King's chemies and that he inner in which a person could duty us. Consul, as he under given by the learned judge was accused. The jury on the proper tended to do so. The judge then tionality and the evidence ap-purpose
divest himself of British na stood days of grace for this vastly more favourable to the direction could not possibly have were allowed by inaceused than this, and while in come to any other conclusion than explained the law regarding al- pellant gave on this point.
ternational law. His conviction the opinion of the Court the ques- that the intent with which appel- leglance, pointing out quite
The judge's direction is open was grashed by the Court of tions put by the foreman should lant rightly that a natural-born Bri-
did the ucts was An increase in the number of tish subject who has not divest to criticism here in that it might riminal appeul and tug view not have been answered by the assist Japan in the conduct of thei
appear he was taking the de- of the Court on the proper learned Judge as did In view of war against this country, cision on the facts out of their direction is briefly set out in his previous assumption, that ac hands but, as often been pointed the following extracts from the cused had a dual nationality, the therefore that both grounds of The decision "of the Court is rut by the Court of Appeal, the Judgment:
direction still remained Aumming up must be looked at his intention and purpose in doing these "Unter the jury were nattufted that
on the appeal fail. The conviction whole rather is a whole and, from the whole arts were evli, or, in the language of
of the upheld and the appeal dismissed. the point as to whether ap of the relevant part of the sum- the statute that he was intending to all pellant was a natural-born Bri-ning up, it is cicar that the and comfort the King's enemies, and did tish subject, the birth certificate judge was stating that he was not disputed by appellant and directing them in law that op not. And him, gully." his own admission that he was born in British Columbia. And
NOTICE
MOSQUITOES
mosquitoca in the Urban area
has been noted recently. This in mainly attributable to failure on the part of householders to 35alear collections of water from their premises and to cover water storage tanks.
2. Members of the public are reminded that to permit the breeding of mosquitoes on private premises is an offence Wardrobes, Low under the Mosquito Prevention Boya, Dressing Tables, Bed- By-laws and they are asked to steads, Bed' Side Cabinots,
co-operate in thle matter by Chesterfield' Suites, Steel Locker, clearing all accumulations of Opium Stoole, Floor Polisher, water in bottles, tina, jors; cle Dining Tables, Sideboards, and by keeping all', water Chairs, Ice Box, Desk, Meat storage tanks properly covered Safe, Glass Cabinets, Bronze or streched. Figures, Divans,: Carpets, Rugs, Electric Tablo Fans,· Cabin
Trunk, Push Car, Child's, cot, Armeliairs, Bath Room - Mirrora,
R. W. H. MAYNARD, Secretary, Urban Council.
F Lot of Ladies White Hats URBAN COUNCIL New, I Lot of Ladies Hand Baga Hong Kong. 9th July 1947. and 80 Paira of Gent's Shoes. New.
*Also
Westinghouse Refrigerator 1. Remington Typewriter 18”. 1 English Carpet 8' '&' 11'′′
1 Philips Radio
NOTICE
On View From. Thursday, the Governor for naturalization, and
17th July 1947.
Terms: As Customaty.
LAMMERT BROS., Auctioneers,
NOTICE is hereby given that Alexander Ivanovitch Efremot, of 47 Kimberly Road, ground fior. Kowloon, is applying to the that any person who knows any reason why naturalization should not be granted should send a written and signed, statement of the facty to the Colonial Secretary, Hong Kong.
ed himself of his British na-
tionality owen auch allegiance..
"Natural-Born"
Ile dealt with the evidence on
NOTICE
502.
KWF
& CO.
•HONG KONG
One Case Hacksaw Framies ex "Agamemnon”
Delivery order. No, 4802 Issued for the above has been reported lost and notice is hereby given that the old delivery order is declared as null and vold.
BUTTERFIELD & SWIRE ·
Hong Kong, 16th July, 1947.
Servios Auction Rooms
«A actioneers, Burveyors, etc.. Basement, -French 'Bank Bldg. ¡A.E.D. de Sousa," "Auctionate, Telephone $1807.
with this dijest, they ult
forward on his behalf was that, welinge
"The defence which was certainly put
pellant was a British subject at the material time on the t-in his expacity ka consul and in the challenged facts of his British above-mentioned belief, bla algeet was 10 birth and non-declaration | asisi German subjects to return to thefe
of
country, and wi In no way to inje ailcnage, The fact that the this country's Interests, but merriy ta judge at the end of the trisi carry out his duty."
directed, that appellant wak This passage must be regarded
in favour
to
la
8Important
Vitamins
capsule a day is
all you take -- one is
One
or In
ONE A DAY
MULTIPLE VITAMIN
SEE IT AND BUY!
Capsules
never a Japanese subject is im- as putting forward what the Court HAVE YOUR SHOW-WINDOW DESIGNÉ D
materlai on the question of of Criminal Appeal considered a alegiance. It is well known good defence.
law that an allen enemy may
owe allegianco to the King..
Dual Nationality
In passing, it is to be observed. An Analogy
that if a person possesses dual The analogy which Counsel nationality, as appellant may for: appellant has sought to have done, it does not mean that draw between
this case.
and hè, owes any the less allegiance to Joyce's caso on the question of this bountry than
person who alleginnes is not a good one, is only a British subject.
Dual In Joyce's case, the judge had nationality is not half one nation- to deal with a form of allegiance ality and half another but two which flowed from the posses- complete nationalities so far as tion of a British passport by an | nur law is concerned as the fol 'a len."-" In' that case, the trial towing extract from the well. Judge decided as a matter of known authority McNair (Logat aw that on that case, the Effects of War, 2nd edition p.24 nolder owed allegiance and hɗ shows): was upheld on that point by the sons into the life of a dual nettop
"War hay introduce' serious "compliems House of Lords. In the present
[ (1) Kither : 'of the Blue whave se, there was no new mattor national he is car callampon him to par of the law but a very old prin form llitary or other service even ciple of law that a natural-born last the other, though in practice we kave vàmetiman tercifully, dressued non- British subject who has not at balant, dusten to a person holding both the material time"dlycated him- | British and enemy nationality; if such k
J.
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CONSULT
SHERMAN AND COMPANY
The Supreme Advertising Agency
Room 210, St. Francis Hotel,"
1