Hong Kong To Get Jap. Silk
Tokyo, Sept. 12. Hong Kong in to receive
30,000 approximately narda of silk from Jujan, according to an announcement by the Civit Property Custodian taglay on the export of punds from sincks of the Kariki Edan, piant Japanese wartime pro- eurement upеncy now in the process of liquilation,
The Civil Cuintouliwa nala nenely 1,000,000) Christmas light baths will be exparted to Candido and Belgium ar* que l un paint pigment to Ching United Preas.
Personalia
weddling of
The forthcoming Mr. Demetrin Buteraffor, musiclan, of 4 Hankaw iton, 2nd Boor. Kowloon, and Mis Evangelinn
Costa is announced.
THE CHINA MAIL, Saturday, septemBER. 13, 1947.
SIR HENRY BLACKALL ON IMMIGRATION ORDINANCE Lamb Case Judgment:
Nominal Damages
tiff's release was not actually. effect until the 10th March.
Possession
"It in contended by Mr. Bor-1 nechi that innamuch An the plaintiff had an identity certi- |
9 оп 20th February although he was not
Describing the case as a rather peculiar one, Sir Henry Blackail, Chief fcate in the baggage that ne
Justice, yesterday returned a verdict in favour of Robert Sandeman Lamb companied him, he was in non- In his action for damages for wrongful imprisonment against A.D. Monk-cssion of it within the mean house, Immigration Officer, and awarded nominal damages assessed at ing of section $100, with no order for costs.
his movements. This step was then aware of the fhet, and had.
Now 'pos adversely criticised by counsel not declared it when questioned for the paintiff, but this court about it that day. prefers to adopt the view of sexstorf is word of wile Lord di Parcq in Christie and connotation, its meaning Jac Morris
vs. Lenchinsky (63 ty depending upon the context T.L.. at p. 278), and seca no in which it in used, and the impropriety in an immigratioa egislature most be presumed officer making use of his powers to have been aware of the prv- followed: by under section 14 of the Immi- cedure commonly
ration Control Ordinance (Ne. | Immigration Ofcers i.e. that of 1940) if the circum- passengers are required to have stances afford justification in their travel documents readily
In the course of his judgment, Sir Henry said that the Court saw no impropriety in an immigra- tion officer making use of his powers under Section 14 of the Immigration Ordinance if the circumstances afford justification in law for his so doing, if the real or principal motive is to prevent the escape from justice of the person so detained.
Mr. B.A. Hernacchi. in- tinue and all the claims have structed Mr. F.H. Loseby, ap- the last have been abandoned. peared for Lamb.
Broadcasts
Monkhouse war represented Peninsula Hotel arrivals Thurs. by Mr. A. Lorndale, anaisted day included Mrs. Lidia Llu.U. by Mr. L. R. Andrewes. Chung, W.C. Farnham, Mr. and In the course of his Min. A. Loup, Mr. and Mrs, R.M.ment. Sir Henry said: Gordon, - Ci. Galletti, I.O
Moussaieff, Maierhofer, Raphia Mr. R.J. Melanphy, Mr. and Mrs. L.E. Boatwright and R. Milburn,
Proinnula Hatel departures Thursday included J.P. Crawford, Mr. and Mrs. A. Karmally, M.V. thera, and Mr. and Mrs, E.D.C. Tooper.
KENNEDY ROAD
HOLD-UP
Chinese
WAS
$2
Petition
Taxi-Dancers Alleged Sale Of Mme. Chlang Reconstituted
Milk In Bottles
to
Shanghai, Sept, 12.. Three thousand taxi-dancers" are, eigning a petition Madame Chiang Kai-shek ask- ing her to lend support "es a member, of our sex" to stop, the government ban against "commercialised dancing."
At the same time Shanghal cabarete decided, effective to day, to coare serving all al. coholic drinks and food "to show the readiness of the cabarets to rpoperate in enji port of the government aus terity measures,"
They said that only water -cold or hot or tea will be served to
customers. The aporators claimed that the action would help to conserve food and avoid the "wasting" · of foreign exchange on drinks and refreshments, Cross.
United
The claim that the bottles of reconstituted milk found in the ice-chest in his shop Were for the fokis' consumption and that that contained in a milk can was for the purpose of cake-making was made by Lau Wing-tong in his answer to eleven summonses in respect of the manufac ture, bottling and exposing for sale of recon- stituted milk heard by Mr. W. H. Latimer at Kowloon yesterday.
T
Accused, represented by Mr.jnumerable" and the choliform C.A. Sutherton Russ, was organisms 1,000, times greater charged with manufacturing rethan permitted. constituted milk for sale without The Government Chemist's re- there was a a permit; selling the milk with port, showed that jout their being pasteurised; AIL grent deficiency in both solid and
Ifg the containers in unlicensed | non-solid fats. The former was premises: selling the mlik in con, only 2.4 per cent, instead of 3.5 tainers without an outer cover per cent, while the latter was overlapping the Up of, and 16.4 per cent, against 8.5 per cent.. securely fastened to, the bottles; The milk the Health Officer dz.... selling
the milk in containersclared, was manufactured under,;. the disc of which failed to bear unhygiente.conditions in the cocks- the name Traffic Jams
the dairy in English loft and kitchen roof. It the real or principal motive is which they are not a lowed to
and from land. But if the plaintiff's in-
the words - "Reconstituted | sold wholesale for 40 cents per prevent the escape to
In Chi.bottle and retalled to consumers Sir-Published figures reveal, Milk" in English, and instice of the person 80 de- terpretation: were adopted, an Immigration Officer would not feel justified in refusing pers and the Police admit, that there, nese; selling the milk in premises ni 50 cents. tained.
Documents
mission to land to a person who are fewer private motor vehicles not kept as a dairy and/or milk
And yet,shop.
Defendant was also accused of could not produce his passport now than pre-war,
of town during selling the milk in bottles the or even to one who declared he traffic is so very heavy in the had none, unless and until a central part thorough search had been made
taw for his so doing, even if available for inspection, Calling Readers'
Letters
"The events that led to the judg-plaintiff's detention at Stanley are shortly three. During the "There were originally three recent war certain British sub- in Shanghai aided the defendants to this action viz: jects the late Governor Sir Mark enemy by broadcasting on the
"I now proceed to deal with Young, K.C.M.G), the Attorney German station. Among there. General (Hon. J. B Grillin,
were the plainuft and two men certain submissions of counsel
of the samed Gracie and Johnson, and upon Ordinance No. 32 of 1910. K.C.) and the Immigration |
the question of prosecuting The long title Officer Mr. A.D. Monkhouse).
1lust
col'abrators was taken lows:- and the plaintiff c'aimed dam
runa Da
fox-
of name
The
up on the cessation of hostili 'An Ordinance to regulate the nges under four heada: (es. It was at first proposed entry and departure of persout for having been brought under
that all three should he tried into and out of the Colony, to aries! from Shanghai to Hong
In
So far Ilong Kong
na prohibit the entry of undesira- Kong, (b) for being kept in polles custody in Hong Kong, Gracie and Johnson were con- ble immigrants and to confer connexíca erned this presented no diffi- various powers in tes for having a false charge
Aince therewith." culties In an aimed hold-up at Stone
and they have raght against him, and (d) heen convicted under
No. 27 "It is relevant to bear this Nullah Lane, Kennedy Rond, at for being falsely imprisoner in
mind in 10.45 Jaxt night a
construing its Defence Regulation, 1940. It in Ginel. The action robbed of $300 and a wrist watch. | Stanley
transpired, however, that the provisions. The first point in the first and see evidence against the plaintiff whether the plaintiff was in The robber, who was armed with againn
prior to the abrogation of ex- document on the day of his ar traterritoriality in China (20th rival. On that evening he was May, 1913) go the courts of this interviewed by Sub-Inspector and said "I have no Colony would have no jurindle- Kriloff tion to deal with him, although passport or any other identity he could be tried in England papers, all my papers together for trenson committed abroad, with my birth certificate were as was done in the case of an lost when I went into intern other of that tribe the notor- ment camp, I have no money or ious "Lord Haw-Haw.
any valuables either with me or anywhere else." The plaintiff's evidence differed slightly from this, for he says he mentioned having had an identity certin cate which was in his flat at the time of his arrest, but he had no idea where any of his
n revolver, made gành, bis escape,' partion has since been discon was confined to acts committed possession of a valid travelling } Uted to treat the plaintiff as vehicles-not laxis with meters chest,
A
SPECIAL
CEMENT
"SEALITHOR"
DIPLOMA OF HONOR
supersulishakercl metalurgical renient, hardeang rapidly and offering particularly high resistances to compressive and tensile strasen-ol high specific impermeability and develop. ing immediate chemical imperviability-of extreine
constructions of both ordinary and value In
reinforced concrete, andł offering
maxi- mus or guarantee ngainst the nuisible effects of sta water,, selénitie waters, pure walere, penty
waters
and sewerage.
Also against suponi.
able oils and a
large number
of chemied
products.
SETTING TIME OF "SEALITHOR"
1
Initial Set: 2 hours 21 inin, to 4 koura. Final set 4 hours 30 mi, to 6 hours 50 mln.
GUARANTEED SHIPMENT OCTOBER
SOLE AGENT:
INDUSTRIAL & COMMERCIAL TRADING
(RAOUL BIGAZZI & CO.)
Tel. No. 25177,
Chinese Dept.
はに
Tel. No. 26848.
SATISFYING
public demand for lower retail prices in the Colony we antiounce the following maximum retail prices to the public, effective Saturday, 13th September 1947.
“LACTOGEN” Infants Food
per 3-lb tin per. I fb tin
H.K.$9.00 H.K.$3.00
NESTLE'S Malted Milk
per 1-lb tin
H.K.$2.20
"MILO" Fortified Tonic Food
per 14-ox tin per 8-oz tin
H.K.$2.50 H.K.$1.50
- NESTLE & ANGLO-SWISS
MILK PRODUCTS LTD.
DES VOEUX ROAD,
PHONE: $3772
*
large
For Fokis
wan
In reply to Mr. Russ, witness. suid, that there were about two... dozen bottles of "Wu A Szo" milic on one side at the ice-chest an... half a dozen of "Hung Ning" on the other side.
There had been no extension or relation of the regulation gov.
for reconstituted milk, declared " crning the use of outer covers.
His shop purchased about ten
"
rush hours that it is out of all disc of which did not bear the dairyman who the number of every piece of such passen proportion to
pasteurised the milk, or the word Perhaps the new Commferion- "Pasteurised." ger's baggage on the off chance cars licensed. that a travel document might
The final count was carrying be discovered among it. Such or of Police does not know that
# licence from the Urban an interpretation would defeat pre-war it was rare to have a on the trade of a dairyman with
witness) Milk sold in cafes and "" In my don Road. Now this is a daily Council. render it unworkable:
restaurants for
consumption on Caught Man the object of the Ordinance and traffic jam at the foot of Ger-out view therefore, the word 'pos occurrence particularly at rush
this? Why is
Senior Health Inspector G.H. the premises did not come under session' should be construed as hours.
Because 8 Sherriff said that he visited 802 the dairy and milkshop bye.'
laws. meaning actual and Immediate answer is simple.
evidence, sald Defendnu, in are touting public | Aug. 26 and found, in an ice. possession, and I hold that the out of every 5 cars involved in Shanghai Street at 3.15 p.m. ch
Officer was en- the fam Immigration
that the bottles of reconstituted: some battles of milk milk found by the inspector: Anyone can see labelled "Wu A Sze Dalry." a person who had landed with with stands. out a valid travel document: (although the Police refuse to When he asked where they were were for his fokis' own consump
tion and/or for the purpose ot!! see it) that these public vehi. purchased, he was told **curtain
making cakes, Bill Of Rights
clea go round and round the concern in Nathon Road. "The 'noxt questioned to be square bounded by Des Voeux He next visited 002 Nathon
whether
Victoria the Road, Queen
Street Road, ground floor,
a licensed dozen bottles of pasteurised fresh.... considered plaintiff contravened the terms Central Market), Queen Road eating house and, on looking into milk daily, from the On Lee and :: As these... Hung Ning delries. of section for having landed Central, and Jackson Road. Pre- the fer.chest, found without the permission of the war, these publle vehicles were quantity of milk labelled "Wu A caries were short of bottles ha
their Immigration Officer. In support stationed in
respective Ste Dairy Co. Pasteurised Milkweuld usually send some emply
bottles when his fokin went for.. Farm of his contention that there was garages and not allowed to tout. and "Hung Ning Dalry
the "milic. By being allowed to cruiso Fresh Milk."
The On Lee always "In view of the foregoing, it
no contravention, Mr. Bornac
Use his While he was inspecting this firm's "Wu A Sze" labels on the was decided by the authorities
chi pointed out that hordes of leisurely round this busy acction in Hong Kong that Gracle and
Chinese aliens are allowed to of town they slow down traffic. milk, said Mr. Sherriff, hektar milk sold to him as the dairy... Johnson ahould
be brought
enter the Colony without let or are a menace to pedestrians, and footsteps hurrying up the stairs
Lau Tam-yung, manager of here for trini and Sub-Inne
hindrance and without even go are the real cause of this traffic to the cackloft. He followed and was short of labels.
saw a man on the roof emptying the. Hung Lee Dairy Farm, de. tor MacAdie of the Hong Kong
ing through the formality of fam.
white fluid into the It is rumoured that the whole some
einred that his farm supplied de Palice was sent to Shanghal
applying for permission. He to act as escort. Before his de-
argued from thie that there traffic aystem in the Central dis-cavenging lane. He also saw fendant's shop with four or five wire beater with white fuld on dozen bottles dally. The milk "Sub-Inspector Kriloff had could be no ebligation upon a trict will be re-organisert and a parture, the legal position was
was fresh milk, direct from the fully explained to this officer, by however been specifically in The Attorney General and he structed to find out whether the
Returning to the cockloft, be cow, and defendant would have In their was specifically instructed not plaintiff was in possession of a
to send it for pasteurisation him." proper tound a milk.can coyered with a or other 'Identity with in the manner described, places und allowed to
self. run a piece of material. He thought it to have anything to do with the passport
There would be
On His Worship's suggestion** paintiff. On arriving in Shan- paper or money, and moreover this wou'd neem to be contrary pre-war
wished to establish
contaified powdered milk. ibe to
principle necessity for this change. Why also found 25 rolls of "Wu A
He the summons for selling milk in hai he communicated these in he
a constitutional con enshrined in the Bill of Rights, should the whole traffic, syslem Szo" bottle labels (caps), a num-nnd/or milk shop was withdrawn.
not kep! premises
daley structions to H.R.M. Consul plaintiff's nationality in
before be dislocated just because of General and thereafter he connection with enquiries into his but it is not an issue
her of empty "Challenge". milk The three summonses referring It is this Court. The question aim these touting public vehicles? If powder tins, and several casca uf to the wordings on the ab:15 fined himself to investigating activities in Shanghai. the charges against Gracie and very unlikely therefore that he ply is whether an immigrant, they could be controlled pre-war milk powder. Johnson and collecting evidence would have omitted to enter in iricapective of race, is required when there wore more motor the note he made at the time, under the terms of the Ordin-ears, why could they not be com against them. Arrangements! were then mure for the trans. reference to such a material ance to obtain permission be- trolled now? It is obvious there floor and saw a man coming ini port of these persons and cer-
document as an Identity certi- fore landing in the Colony. must be something wrong some
1 re- "In further support of his where. tain German witnesses to Hong fiente. Apart from this, Kong by 1.M.A S. Warramungard Sub-Inspector Kriloff as a argument on this point, Mr. more reliable witness than the Bernacchi invited comparison between sections 6 and 9. In plaintiff and I accept evidence on this point.
the former it is expressly pro- vided that no passenger under "Following this interroga- Inspection may land without tien, Sub-Inspector Kriloff's the permluaten of the Immi notes of the plaintiff's replies gration Officer',
merely 9 were submitted to the defen- tion
HA.
zamunga
H.K. Protest
papers were.
Suitable Place
hls
British subject to obtain por-clumay, tovious one way traffic it and a round receptacle in hid
hand. mission. If the execution of the introduced. If the pubiky vchi- Ordinance is being dispensed cles are put
the
OBVIOUS.
GOVERNOR. AT TUNG WAH
no
Analysed
#aid the
1
08 0
TRADE MISSION HERE
A bottle of the milk was sent Mr. to the Pathological Institute for Fateh Ali in scheuled to leave for: bacterial count, and the other Indin on Monday.
Mr. F. Chichgar, Mr. Kilo- to the Government Chemist for analytical test. The report from chand's Shanghai manager, sac. the former stated that the total companied the delegation to, organisms present
“}n Hong Kong.
wero
were grouped into one.
Further evidence will be heard He went down to the ground on Sept. 23. with two baskets of milk bottles; defendant tried to "shoe" the mon away. In the baskets, he found! two delivery receipt books issued to Hop Kċe, 65 Tem ple Strast, and Tung. Nam, 150
Headed by Mr. T. Kilochendji Temple Street,
India's biggest cotton exporterį“ "If no more than this had
He took two bottles of millethe Indian Trade Delegation to" His Excellency Sir Alexander been done, the present action
Mr.Japan which whereas sec-Grantham, accompanied by the from the ice-chest,
passed through would never have arisen. But
Sherrin, Mr. provided Honourable
and, with R.R. Todd,
other Hong Kong in June last arrived for some season, not disclosed
Chinese Affairs,
materiala seized, and the defen-back in
the Colony yesterday: In evidence, it was decided by dant who, having taken legal that the Immigration Officer Secretary for
the Kowloon afternoon.". In his discretion, visited the Tung Wuh Hospital dant, returned to someone in authority that the advice, decided to issue an or- may,
Hoon Thursday.
Disinfectant Stalinn.
The delegation which includes: plaintiff should also be des, der under section 14 (1) of the refuse permission to land."
that
and Mr. Sir Alexander was met by the
Abu infer
J.P. Patel ratched to Hong Kong and he Ordinance, directing that the submitted
to be drawn from Board of Directors who escorted was placed on board the War- plaintiff bo detained at Stanley ence
with the others on Prison pending an opportunny this is that if the legislature is Excellency through the dif. 17th February, 1947. Whoever to remove him from the Colony. had intended that permission terent wards and Introduced him was responsible for this decl- It was contended by Mr. Ber was obligatory under section 9, to medical and nursing staffs, sion it certainly was not the nacchi that Stanley Prison, is it would have said so in plain Hong Kong Government or not a suitable place of detention terms. There is forco in this any of its officers, for it was within the meanling of acetion Argument and I was attracted taken in opposition to their 14 (1) and he referred to the by it in the course of the hear wishes and against the At-doctrine of 'ejusdem generis. Ing. But after careful coral-
provides deration, I am unable to adopt The following is a list of the torney General's advice; 'and it But the sub-section
person may be do it. It is true that where in the Donations received up to Septem. was only on the 20th February that the that the Polles in Hong Kong tained at the depot or other same statue and in relation tober 11th which have not yet been
detention the same subject matter differ-acknowledged in the press: learned for the first time that suitable the Warramungs (which was to The genus is therefore a place ent terminology is used, it is Jebsen & Co. arrivo that day), had the p'ain-in which persona can be de presumed the, alteration has ciun (China) Ltd.
passengers. tained and it cannot be denied been made intentionally. But H. T. Chang When she did arrive it was that Stanley Prison is such this is only a prima facie pre Anonymous found that those who had sont place. Evidence was given thut sumption, and there are other Restoration Box him had omitted to forward any the depots established under factors that have to be taken accompanying
Total communication section 14.ate.not at present into consideration. Section 14 explaining why he had been available for the purpose of the read in conjunction with set-Received up to transferred to Hong Kong and Ordinance, and
September 1947 'and am satisfied tion 9) is one giving powers of
already acknow. what was to be done with him: on the facts that Stanley Prison arresting or detaining persons 'The Naval authorities were was not only a suitable, but the in circumstances in which at ledged therefore asked if they would most suitable place in which common law no power of ‚ar- keep the plaintiff on board, hit the plaintiff could be detained. resting or detaining would Total Donations Re they were unwilling to do this I may here say that both the exist. It is the duty of the celved up to Septem. and required all passengers to plaintiff and his legal advisers this nature to balance the two
'court in'construing sections of ber 11th 1947. -77.7.0 $180,742,82
tim among her
place of
on more than one occasion ex-
CATHEDRAL RESTORATION FUND
$ 600.00
200.00
200.00 3,000.00 7.40
$ 3,907.40 4th
122,834.02
WAR MEMORIAL FUND
be disembarked forthwith.
"This placed the Hong Kong pressed their appreciation of conflicting principles, the one authorities in an embarassing the courtesy which the plaintiff that the liberty of the subject position, for, the local courts received from all concerned in to be duly safeguarded, the liad no jurisdiction to try the from the beginning until the other that the expressed inten
thetion of the legislature to give. Xavit: The Victoria Recron
In Memory of the late Mr. Fred plainti, aithough it is clear end of his detention.
from the testimony of the Ger- "Upon the 'algning of the de- powers of arrest beyond those f man witnesson Inken "do bene tention order on 21st February, existing at common law should tion Club 320. Total $25; Hong en In this case that there the plaintiff was transported to not be too narrowly construed. Kong Government Contribution was, evidence to
1947 $2,840,127.62) Grond: Total support & Stanley where the order was (Barnard v. Gorma., 1041 9328; Received to September. 11th, charge under the Defence Re formally read over to him on A.E.R. at 81)..
$2,840,177.02.. ****** As A Whole vulation mentioned. The Hong the same afternoon. During his Kong Government had howeror stay there, he was accorded "Moreover, a statute has to The well-known Italian haard from official sources that special treatment and had ready be construed as a whole, regard | Buddhist Missionary, Venerable the plaintle might be ment to access to his baggage; but he being had to its schemo and a Lokanatha, la giving two lectures the United, Klugdom to be put apparently made no attempt to court will, if necessary, extend at Ho Tung Temple in : Happy. oil trial for treason, ....... In these poarch for his identity cortil- the letter of the law to prevent Valley, one on Sunday, al 3 pm. circumstances they wore some cate until about the 8th March. ovaalok Now, the p palatit's on » Buddhism: The science. Of what reluctant to kilow him when be found it. This fact was construction would,, it seems to bellyiiance,” and the second on unrestricted" | "untry into the at once notified to the defen-| me, open, the door to- evasion Monday!st 7 pân; #How to Be: Colony, and legal advice was dant who took immediato dere für if it were adopted, an un- come, Hint, Beautiful and Wisen sought as to whether any to order his rolesso, but asta, donigable immigrant, who put. Chipes Interpretation will bo grounds existed for restriating| week-end intervened, the plain- (Continued on Page 3).
ven.
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1