Page
CHINESE TO RETURN
THE CHINA MAIL, FRIDAY, MAY 27, 1940.
Judgment Upheld
WARSHIP TO BRITAIN Reminders By Appeal Court
Prison Terms For Harbouring
under 21
Two Chinese women were sentenced to prison terms by Mr. W. A. Blair-Kerr at Kow-
·loon yesterday for harbouring an unmarried girl years of age.
They wire Chan Kat-ming. aget! 24, who received eight months Angriment and LI Taum-lain, who was sentenced to four months,
¡HMS Mondip, given on loan to China less than
a year ago, will be officially returned to tho British Government today, it was officially learned yesterday. Commodore C. L. Robertson, Commodore-in-
Charge, Hong Kong, will receive the 904-ton destroyer from Commodore Yang Yuan-chuhg, Commodore-in-Charge, Fourth Naval District.
HMS Mendip, renamed Ling Fu by the Chinese Govern- ment, is one of the two Bri tish warships which came China last year,
to
The other warship, presented to China by the British Government
Chunxkinx (former HMS Aurora) whose coinmander de-
Procedure For China Trading
(Continued from Page 1) Ratification
(11) Contracts and agreements Inspector Brown told the court serted the Chinese National Goy-entered into between a Chings: that on May
Trang Chong-ruinent at Nanking earlier in the merchont and a foreign commer- kwan made a report to the police car and took the ship to Com-cial organ shall be rated by station, saying that his daughter. | munist-occupied ports in North the Control Bureau before they Tsung.. Chl, aged five was missing China. The National Government shall be deemed effective. while on her way home from 234 taler claimed that its Air Force Ki Lung Street to 173, Pei Hond sunk the ship.
Street.
On May 17, Trang found h daughter in hut in the Shek Kep Mei Village in the care of, CI Tsum-lam,
Police inquiries subsequently reventest that first defendant found the insing girl on May 2 wan- dering alone in Tai Nun Street. After a fruitless search for her parents she took the girl to her ovn hut off Talpe Road,
A fimt defendant was work- ing in a factory in Jordan Road she decided to leave the girl to
An official statement yester- day said that HMB Mendip was lent to the Chinese Govern. ment subject to return under certain circumstancLA (The "China Matt" learned that the Britich suthoritlea took the Initiative in securing the return of the ship).
Mutually Agreed
Today
Women's Home-nursing demon-. strations, European YMPA.. 10.30 a.m.
HK Stage Club presonis "Quiet
Work-end China Fleet Theatre, 9 p.m.
HIK Football Association_meeling Lo and Lo's offices, 3.15 p.m. League Tennis, Mixed Doubles
annivision.
Handing over of CS Lång Fu to Royal Navy, HM Dockyard,
6 p.m.
Coming Events
TOMORROW
United Services Recreation Club
dorice, ·0 p.m.
Royal Artillery, Regimental All Ranks Dance, Gun Club Hill,
BUNDAY
(12) Where an importer or ex- porter is found to have violated the law or indulged in
Currupt practices, the Control Bureau may penaliso him through the order of restrictions, muspension of opera- tions or revocntion of Hcence in occordance with the nature of the.Toe offence.
(13)' An exporter shall only dispatch a shipment after he has obtained an export licence from the Control Bureau or a branch
Burentis
se
(14) Normal exports shoil in- The statement added that owing side all items listel in the Tax
Tariff
tax-free regulations the her etenswoman, Li Trum-lam. to the recent turn of events in
10 has been second defendant, during the dayChina, it
taxation. mutually subject while she was nway at work. ingreed by the two governments (15) Specially authorised ex- First defendant took the girl to that Ling Fu should be haunt pecialed as items denit kith ex- include the following: Goods cond defendant's hut in the back to the Royal Navy and that Shek Kop Mei Village on the ceremony should take pinee clusively by the State operated Miny and told her the girl at Hong Kong.
Foreign Trade was her daughter, Later she said
necessities In- That she had bought the girl.
commercial act, and at 4 p.m. following the em- volving no today barkation of Commodore Yang
valued
more than
$50,000: Yaon-chung at Bocca Tigris in
(North China Currency)--Goods the Pearl River Della.
When
Since then, first defendant took the girl to second defendant's hut everyday on her way to work und escorted her back in the evening after work until the child was found.
The decision of the Chief Justice, Sir Leslie Gibson, in an action involving 1,400 tons of scrap iron, judgment in which was given on Febru pry 5, was upheld by a Full Court of Appeal yesterday.
An appeal was brought by defendants in the ac-
The
tion, the Yuen Dah Iron Works, ter-claim in the case failed.
the
dismissed
hose coun-
The Full Court was com-
Mr. Poller declared that he posed of Mr. Justice Williams, entirely disagreed with Mr. Ber-
nacchi on all fils points with re-' Puisne Judge, and Mr. A. D. Scholes, Acting Puisne Judge. gard to the contract. He stated that the mere fact that it sp- appeal was
peared in certain correspondence with costs.
that the defendants would be Appellants
case were prepared to hand the money over represented by Mr. B. A. Bernue-by their solicitors was nothing, Dinner in honour of Mr. Henry chi on the instructions of Mr. A. They cannot impose their terms Wong . Hong, President of B. K. Lau. Hespondents, the on us and put on a new contract," Manila Cosmos Aerated Chung Shing Company. were ho gald That was
what the Wor Factory, Jacobean represented by Mr. Eldon Potter, Chief Justice found.” Room, HIC Hotel, 7.30 p.m.
KČ, and ·M." A. J. Cifford, in- Counsel went on to say that Beach Picnic, European TMCA, structed by Mr. A. Y. Hon. the attitude of the other alde was
The action (to Silverstrand
before 2.30 p.m.
the Chief that they were trying to be do- Beach):
Justice had been one arising out | minating, and that they wanted Lawn Bowls, league matches, at of a contract for the sale and things done their own way. He
all cluba.
purchase of 1,400 tons of scrap submitted that there was a con- precedence, which was iron. Plalnuts, the Chung Shing dition Company, originally claimed 40,- not suggested by the defence, and 071.60 Icom
пя defendants
that the "Chief Justice was right balance due under the contract- ¦ in giving his decision. This claim was admitted by de-
decision. In giving his
the fendants, who filed a counter Pulsne Judge pointed out that claim for $21,313.40.
oppellants' case was that respon- The appeal before the Full uents were not entitled to aris Court yesterday
for an for the pile of fron until they order that the judgment of the had 100 tons in the godown, Chief Justice be reversed, and "We do not find this is so," he that judgment be entered for ap- | ruled."
the terms pellants, in
of the counterclaim.
further that The appeal' was the costs of the claim and the at counter-claim be ordered to be paid by respondents. Appellants also claimed that the learned judge was wrong in law in hold- that defendants counter- claim failed by reason of the fact that they did not pay the full purchase price of the iron.
p.m.
H Classical concert, 50, Mac- donnel Hond, Talbot House, B.30 p.m. Diocesan Centenary Service, St.
John's Cathedral. 7.30 p.m. Talk on "A Serviceman broad" by Mr. P. Addison, European YMCA, 8.45 pm. Beach Plenic, European YMCA, 2.30 to Silverstrand Beach, p.m. Opening of HK Gun Club,
Kwai Chung, 7-mile Castle Peak Road, 3 pan.
MONDAY
Ling Fu is due to arrive here samples, and dmpany-Gitts, Cocktail Party to meet the new ing
sho
Begging for leniency, first de- the Army Saluting Battery fendant said that she had come Blackhead Hill.
on
at 'not
normally banned from export but arrives in the har-exported under special authority. bour, Ling Fu will fire a national (10) An exporter of goods from salute which will be returned by this area
this area shall bring back to
to the area goods of the same velue, and This will be on the arrival of
of such imporia, to the Calony only recently and followed by personal salutes ex-
sball apply to Control Bureau was ignorant of the regulations, changed between Commodore or a branch bureau to be released "I am a widow and I have no
Robertson and Commodore Yang, from bond, or alternately, he shall child,"
The
handing-over ceremony apply to the People's Bank (or he held at the Naval Dock- an appointed reign ex.117152 yard at
at 5 p.m.
nk) to attend to the ne:cary
she addled,
STONECUTTERS THEFT CASE
Leung Hi-song was charged at Kowloon yesterday with stealing two galvanised Iron bucket, from the Royal Naval Yard depot n Stonecultern,
Detective Sub-Inspector Sam
the mers told the court that fuckels were stolen by defendant during February.
On the application of the pro- secution the case was adjourned to Saturday.
the
Colonial Steretary Mr. J. F. Nicoll, Jacobean Room, I Hotel, 6 p.m.
NEW SERVICE TO
NORTH STARTS
(Continued from Page 1) The company has the Chakṣang and Choysang, running on a tort- nightly schedule from Tientsin to Hong Kong,
A spokesman for Butterfield and Swire said that the company's operations on this line have been
on as usual.
Regulations for the North China foi ore foreigners are return.
It was learned yesterday that formalities in accordance with LUK
Fu will be taken to Singa-the Foreign Exchange Control pore later.
Of the "Hunt" class, HMS Aren, Mendip was laid down in 1930 and completed the following
n year.
Measuring 272 feet long with a 28-foot beam, she has a displacement of 004 tons.
(17) If necessary, the Control Bureau or n branch bureau may specify the kind of goods an ex- porter must import in accordance with these Regulations.
ing to Tientsin, with the usual number of Chinese. But more Chinese are leaving the Red port, he declared.
The amount of cargo ferried to
and fro has boen normal.
The local office is maintaining
According to "Jane's Fighting (18) Exports under Article 15, Ships," Mendip's armament in-section (2) shell be exempled cludes four
4-Inch anti-aircraft from the various export formall-regular communication with Tien guns and eight smaller guns. Her Lies. Keared turbines Parsons capable of 27 knots.
FAN TAN SWINDLE CASE SENTENCES
After lengthy proccodings in the case in which four mon were charged with swindling the sum of $20,000 from You Cheng-hwa at a game of Fan Tan, two of the defendants, Leo Chung and Tong Man-kin, were convicted and sentenced to one year's imprisonment each by Mr. F. X. d'Almada at Contral yos- terday.
on
Bre
tain.
passengers,
TYYZE
Opening his case, Mr. Bernac chi remarked that the action and been a strange one. He stated that Mr. Clifford had informed him he was under the impression that he had the assurance that the case was purely an issue of fact.
No Authorities
Trader's Appeal Rejected
Chiu Heung, alias Kum Slu- sing. travelling trader, whose appeal against his sentence was adjourned from Wednes- day to yesterday at the Appeal Court, had his appeal dismiss- ed by the Chief Justice, Sir Leslie Gibson.
At the Tast moment, Mr. Bernacchi continust, without
The cause of the adjournment any authority in support, Mr. On Wednesday by the Chief Jus- tice was that the records kept by Clifford took the
оп point
the Magistrate of the ease were which judgment was finally in not well kept and lacked details. his favour..
Chiu had been sentenced by Mr. W. N. T. Tam at Central on April 29 to nine months hard inbour and recommended for life deportation. He was found guilty. of larceny of 204
SPOODs and eight imitation liver cups from the Hop Yat Church, Bonham Road, on April 21.
The Magistrate also found Chlu guilty of receiving stolen pro- perty and unlawful pawning.
Counsel went on to say that, without authorities, he must have conceived that he most wrong fully of the time regarded it as being of very possing importance "I myself did not quote any au- thorities, lie added. The con- sequence of this was that the Judge had reason to remark that it was an issue that abould be argued before him, and that in fact it was not argued."
Mr. Bernacchi submitted that case had been properly If the argued the Judge's decision would have been the other way round.
Counsel then went on to cam,
Chief Justice's line, with Inchon, South Korea. / Judgment, during which time day in order submitted that
money had as a port of call.
been paid in order to get delivery. if the goods, he said, were not available in the godown for de- livery, there was no obligation on appellants part to pay the pur chase price.
The appellant on Wednesday. denying the allegation, stated that, he was not satisfied with the him The 01 sentence passed Chief Justice thereupon remark- ed that detalls were lacking in Head-
Until now, D. and S. has been (19) An imperter shall only the only company offering brng in a shipment after he has
Would-be passage. obtained an import licence from however, have to apply for per- the Control Bureau or a branch
mits
on their own. bureau.
about
The Hunan left yesterday with 100 passengers, including clude all Kems listed in the Tax four 13. and S. constera on this sages from the
She le one of tent at length on various pas- the Magistrate's notes. Europeans.
(20) Normal imports shall in Tariff as duly-free
or dullable imporis.
three
the
Journed the appeal until yester-
Did You Think KRAFT Only Made Cheeses? Look at these .....
KRAFT MAYONNAISE
Jorge 31:20 medium $1.85
KRAFT SALAD DRESSING
∙laceo- $2.55 medium $1.60
KRAFT SANDWICH SPREAD.
largo $2.55 medium $1.60
THE DAIRY FARM ICE & COLD STORAGE COLIT
HONG KONG
ANOTHER
KOWLOON
Frigidaire
THE DEHUMIDIFIER
WITH THE
5
YEAR GUARANTEE
DODWELL
that prosecution Alexandra Bldg.
evidence 'be heard by him.
After evidence had been given yesterday by witnesses, including to the pawning of the articles in a pawnshop. man who testified as question by the appellant. Sir Lile upheld the decision of the
(21) Speckelly authorised_im→ poris include the following: Sam-
Figures of fore
foreign passengers ples and gifts Involving no com- mercial act and needing no for-
who have left by B. and S. ships eign exchange, and foreign dona-for the North are not available." Meanwhile, foreigners return tions not exceeding $5,000 in ing from the North reveal that Led exchange, without the need for monetary problem. The Reds have goods were at no time available Magistrate, and refused the ap-f
their biggest headache
value-Imports with self-provid
Was the
"It is quite clear that these cagaging in subsequent exports to
no fixed exchange. Latest in- In their godown," Mr. Bernacchi pay for them-Goods normally
formation available is that one stated. banned from import but imported American dollar fetched $1,100 under special authority.
+
"Dominating"
Deal,
Mr. M. Heenan, Crown Counsel, Appellant was for the Crown. was not legally represented.
FIREWOOD CASE
Counsel then went on to deal (22) Imports under Article 21,"People's Money" at the begin with the question of interpreta-
ning
of this month on the black- tion of the terms of the contract. section (1) shall be exempted market, First defendant, Yip Fuk- "The second defendant has call-from the various import formall-
"The "official" rate was then released chor,
of ed no evidence to bail
US$100 to $800 Rost currency. support his necessary, the Control j
At a point raised by Mr. Ber- Bait of $5 each from six persons, The Nationalist Bank of China $10,000, had his bail estreat-lalement," said Mr. d'Airnada.
The third defendant, Tong, Bureau may specify that the Stute at Tientsin, which has been taken bacchi, Mr. Potter rose and de- including a woman, was entreate admitted all of You's evidence operated Foreign Trade Company over by the Reds, has been as guarantes there were 400 tons tarday when defendants, charged did not by Mr. J. Wicke at Kowloon yes- clared that his clients exception of those parts undertake the purchase of an im-
slened
handle foreign exchange of iron in the pils to be sorted. | with unlawfully possessing fro- which were against him.
ported shipment. Such purchase
bean" enough,¦ wood, failed to appear in zourt, "I am asked to apcept the avi-shall provide the importer with but only a limited amount was If there had noi
accepted at arbitrary rates, the they would have simply arranged. -Defendanta word arrested on dence of the second and third do a fixed margin of pront.
arrivals said.
for more iron, to be put there, he Wechoesday near the Shing Mun fendants as against that, of You
declared
Reservoir by Korestry guarda, that the evidence is only circum- stantial," stated the magistrate.
d'Almada added that there can be no doubt that the second
ed when he failed to come before the Court on March 24. Fourth defendant Yip Ying ho was discharged
on April 20.
The magistrate in his Andings said that in the present case, one Yau Cheng-hwa has given evl Mc. dence of low he had lost the $20,000 of his own money at a Far Tan gambling session.
und
Was
KEEPER GAOLED An opium diyan keeper sentenced to six months Imprison- ment with hard labour for possss ing three oplum pipes, 2.5 mace of ophun and munning an opium
the third defendants were concerned parties in the swindle: Evidence had been very lengthy suin of $20,000.
whereby the complainant lost the divan, and he' was satisfed with the
Young Fal, and 23. and eight facts adduced by its prosecution have beca detained in custody day at 65 Portland Street Art Submitting that the defendants smokers were 470sted on Wednes- As regards to third defendant. complaihant said that this manince last September, Mr. da Silvay floor.
asked the magistrate to order that Three smokers who were out on the sentences be dated back to ball, were each fined $126, but the their arrests,
others were fined: $100. or four "Should they have pleaded;} wooks' imprisonment. After the game, where the com guilty in the first instance, they plainant suspected that he had probably would have been re- been swindled, he went to look for the first defendant Yip anil leased." submitted the counsel.
Was seen by him in and out of the premises where the game place.
The magistrato ordered that was met by the second defendant. their sentences be, effective as
The second defendant
thet from the data.
of of
their arrests,
pushed him out and said, "Yip 1 September 11, 1948.
not here, this is my frush"
The second defendant. gavo ovl-
dence, denying what Yau had
sald of him.'
DRESS SALE!
Clearance
salo on
NOW $ B.OO
cotton dressce (Amorloan-made),
(Regular $12,00) (Regular $25,00) ... now $20.00
.'(Ropular $20.00)
Bizon 3 to 8 and faw-8 to 12.
now. $23,00
Gunsuits Com sixe 4 only
regular $17.60
now $10.00 THE EVERGREEN
100 Nathan Road, Kowloon Phone_5E042 ·
The sum of $4,500 found in a
CHILD KILLED Chan. Xu-bing, agod nine, we knocked down by a lorry at about. 7 p.m. yesterday at (the junction of Tal Po and Castle Perk Road. she was taken to Kwong Wah Hospital with injuries to the head, and died a few hours later,
Quarantine restrictions hava been imposed against arrivals from Salgon on account of plagus, and against arrivals from Bangkok on ́account of cholata.
Chinese Shipping Concentrates In HK
send used by the rede-There has been a concentration of Chinese vessels
fendant: was ordered to be for- felted to the Crown.
ILLEGAL ENTRY
in focal waters for the past few days, ap- parently as a result of the turmoil in the Shanghai area.
The China Merchants Steam- the Teds have taken any of our The local office 17 meanwhile
CASE ADJOURNED ship Navigation Company; a vessels he declared.
tion, alone has port.
Nationalist-controlled organisawatung further advice from the The prosecution insisting on
14 ships in North, from which it has been pressing for, an expulsion order
off; for, sanse time, against Mrs. G. 1. Kamachkin, Colony from Shanghai are the
The last to reach thee will continue to operate as]
ha-safd.
on whom & conviction was re- tug Ming 302, towing the long as we can. No tows about a gistered for illegal, entry to Hang Chong and the Chi Ping, re-organisation is available now," the 'Colony on May, 21. tho cuso was further adjourned för "Our ships will operate as usual: It was louned yosterday that a week by Mr. F. X. d'Almada qut eliminating ports which are two all three CMSN ships, curry
how under Communist at Central yesterday.
Decupaing FCA rice to Shanghal, have Mr. M. da Silva, for defendant, Lon." a zenior official of the com- reached Keelung and are returns Ing to Hong Kong with their anked the court to refuse the, ap- pany, salți. yesterday.
The company has a fleet of cargo.................. Die went on to say that should about 100 coasters and Intender the tense are because The three venals;failed, to da- ble application for Maks. Kamach- river craft. kin be dealt with untuably formation regarding the xest All ships with RG-A
“So far, we have no definite li- - of the war situation. hormon number that are now in our beer Telicted to come to Hor
amlaration, matition
Chandle, However, I don't think "Kong, "ana, wastadt.3xucu oli 125,bout sibalM
directly.
have
THE HONG KONG STAGE CLUB
Will present
"QUIET WEEKEND"
A COMEDY
by
ESTHER MCCRACKEN
at the
CHINA FLEET CLUB THEATRE
on
FRIDAY, 27th May, 1949 at 9:00 PM. SATURDAY, 28th May, ., 9.00P.M.
STALLS
$0.00 $3.50 & '$2.40
(Special Price for the Seruices) (Hantu max be booked at MOUTRIES, Chafer Road, between that of 10 am, and 5 pm, and 39 mins before the Show
the Tax Offen, China Fleet Club Theatre.
to, the Theatre at 6.40 p.m. on THURSDAY, 26th May, and
A "appelat" Ferry::; will rug "fron "Pollco Pier: KOWLOON".
0.25 p. Un Friday and Saturday, 27th & 2815 May, returning immediately the Show is over. Fare-for-return-journey--$1. -
FIRST!
CO., LTD.
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