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THE CHINA MAIL, SATURDAY, DECEMBER 24, 1949.
JUDGMENT RESERVED
IN CHINESE
Chennacle application rejected
Bir Lollo Aibson, Chlot Justice,yesterday rejected Cheupplicätidn'filet in cham Here-bytiMajor General 'Cratio ECHennduse and Mr. Whiting withder the day before to he Joined's 'faintiffs walhat the Central Air Transport Curs pardtion. A
THA Chief Justice held that the geariling of this applica How would domipficate the ItsUos definected wit thisiter.
tha
General Chennault and Mr. wine' who had Withdrawn imilar dpplication against the Chins National "Astation Corporatione eth
hearing on
fled the other
VH/G2 thatdan, “KC, appeared for
for the two ap ONG MẸ. Popey Chin and MYS A Barnacobi repre dented CRAC; while 'Mr: Onen
M. Abifford wen for CATER ti।",། ་
CANADIAN SHIP'S VENTURE
The Canadian freighter, 84. Lake Canin, which left Hong Kong two weeks ago to break the blockade to Shanghai, 18 still waiting at the mouth of the Yangtse river outside Chin- ese territorini waters
CASE
•
The preliminary phase of the disputo for the dis- charge of a Supreme Court injunction for the control of Chinese assets left in Hong Kong concluded yesterday.
The Chief Justice, Sir Leslie Gibson, reserved his decision until some time after the Christmas holidays in the case of the National Resources Commission-the first of the three properties to be dealt with." The other two are the China National Avfotion Corporation and the Central Air Transport Corporation, all three pro- périles of which are estimut- ed at $30.000.000.
Mr. Eldon Peifer, KC, with Mr. Percy Chen and Mr. D.A. Ber- macchi. Instructed by Ford Kwan and Company, are representing the defendant employees of the three concerns. They were asking. the the discharge of the interim Injunction while against them by Bit Leslie Inst month.
He submitted further that on that point the Court need not consult the Secretary of State. Mastors and servants
Turning tờ th ratation na tween plaintify and defendanta Mr.' d'Ainiättä submitted tha their-relation was
master
ant' sorvante; and that rightly or wrongly the Hervanta ware dienstaged before the action was Thatituted.
the servants have the right of If the dismissal was wronglu, action for
wrongful disigil Mr. H.G. Sheldon, KC, the Hon. in fact dismissed, they would n
Even if these servants were of Leo d'Almada, KC, and Mr. D:A.L..be entitled to the property which Wright, on the Instructions of belongs to the muster," counsel Wilkinson and Grist, represented contended the plaintiffs, the Nationalist NBC CVAC, and CATC.
Mir. d'Alma tr concluded submittin Thai his side
1
hied
The present case proceeded on every reason for the continuation the injunction against the em of the injunction which the Chief ployees of the Commission, the Justice had previously made. On other two hațiers having been the other hand he argued, terj
upon to stand over is no reason for the continuation agreed further noties.
f that injunction made by Mr Quoting Various authorities | Bustier Gould on behalf of th201 and examples In support, Mr thri side. d'Almada, referring to Mr. Pot- ter's points raised, told the Court that Britain recognised only on government of China-the No. tionalist Government. It was ad- mitted by the other side that this government is recognised de jure.
No recognition
our!
for the
Mr. J. F. Nicais, Colentat Secretary, left Hong Kong by AMB Canton yocterday United Klagde oh lodve. He was seen off by a number of friends and colleagues at the wharf. ("China Mall" Photo).
JEBSEN'S APPEAL IN TAX CASE SUCCEEDS
The Full Appeal Court yesterday allowed an appeal by Jebson and Company, of Podder Building, with costs against o Court docision which hold that certain montes kept by tha cómpany were taxable..
Mr. John McNeil then rose and The Court-comprising Sir Leslie Gibson, Chief
dealt with
eighth Daml brought up by Mr. Polier, which was whether or not the Nation Resources Commission was The proper party to bring up thes proceedings. Mr. McNeill sub- mitted that the Commission
part of the recognised govern- ment of Churn, and therefore - The second point he wished to
presenter for the purpose of make, counsel went on, was that
this action.
Mr. MeNelll no other person or entity was re-
pruereded Eo cognised by His Majesty's flov.argue on the question of affidavits.
Hoplying to the ernment as representing (hj
latter at gu- Therdly, there is no de fuelu re-
If
ments, Me Potter told the four rognition, let alone de jure re-
that he was not trying to make cognition, of the other
a trial out of this actions, which govern was only to see an junction mol.
can or cannot be continue i. ate shadow
There is always the uniorfan- recognition and it would be bet- of the question of
ter if that was taken out of the picture." Mr Potter state:
After counsel
bad replied to the various arguments set forth
The Master of the Lake Canini reported to his Hong Kong office yesterday that the two Yungise channels are being patrolled by Chinese Nationalist worships, and that he had not yet had an openly within the jurisdictum of a portunity to slip Into Shanahal
State nol yet recognised belongs
Ahnada contended. to the preceding government," Mr.
About a week ago, the lake Cuitm altempled unsuccessfully {: break the blockade under eover of log, but the fog lifted, and the Nationalist worship fred a warning shot at the Canadian shitp.
The
The Lake Canim retreated be- yond territorial waters.
venvel. which
The 's agency erroneously reported ad "Javing. has been walling at the Yangtse for the lust 10 days It the 10.000-ton freighter does not break the Shanghal blockade
thin the next three days. It Leads to take its cargo to the North China port of Taingino.
to
Local Charterore atand pain thousands of dollars more if the Lake Canim trades with Shanghai rather than Tsingtao. as of lading for the Lake Chim, which were handled by ian American shipping arm
In
Hold there is recognition, pru-
In reply to a query from the
i
Chief Justice, Mr. d'Almada rubmitted that the Secretary of] by Mr, d'Alsnada Sir Lesle iz State could not Instruct the conclusion announced that Court here
he to the affect that was resurving his decision until recognised the Com. some thne after Christmas. government as do There must
Britain muntat
facto government:
first be tome farmal act of re- 'Majesty's
cognition from His Government, he added.
ний Kir d'Almada went on to say that if His recognises that government as a Government Majesty's de facto government, the position would be entirely different. But the position is that there is no de facto recognition, whereas on the other hand, the Nationalist Gov. erament is recognised as do Jure.
Taiwan's status Torning to the subject of Tol- wan's status, Mr. d'Almada shid there was no evidence that be-
! Hong Kong, give the master of the vessel the authoritity to pro- ceed to the closest "safe port" cause the Government of China he can not deliver his cargo to was no longer in China but in Shanghai.
Taiwan, it was a politicnt corpse, and added that it was recognised by His
Government. Majesty's Interjecting, Sir Leslie informed counsel that he wanted something inore precise as to the status of Taiwan and that he could not rely only on what he had read in the
far as is known, the Lake Canim is the first Canadian ves- sel to attempt to run the blockade to Shanghai.
All
The
newspapers.
Mr. d'Almadn replied that his point won that there is no differ- ce nt oll whether or not Taiwan Chinese territory, "Es long as
OFFICIAL NOTICES,
APPOINTMENTS
Heath has been appointed to be Mr. Henry Wylde Edwards
др Assistant Commissioner Police with effect from October 5.
of
Mina Mabel Lucy Everett ha been appointed to be Principat Matron with effect from Decea. ber 7,
Miss Helen Gordon Grant ha Grade I, with effect, from been appointed
to be Matrusi cember 7
De-
Mita Helen Craig Fisher has Grade 11, with effect from De- been appointert to br Matron cember 7.
Collard has been appointed to br Mr. Watter Wiliam Edgur
an' Assistant Secretary to the Urban Council with effect from December 16.
་་་་་
➡
Messra. Ng Hong-yat, Simeon
IN MEMORIAM
ranks
Int Battalion Middlesex Regiment (Duke of Cambridge's Own) remember with pride Colonel LA Newn ham G.C., M.C. Lt. Colonel the Government which had moved Lee and Ip Hak-ken have been WHM Stewart D.5.0., O.B... there is recognised de jure. M.C. and 185 bil ranks of being asked by the other
Declaring that the Court was appointed to be Food Officers. their predecessors who died that this sovereign government either during operations no longer exists, counsel submit. Hong Kong in 1941 or later toi that the Court was not con as Prisoners of War of the cerned with the question of the Japanese.
validity of the defendants" dis missal. Assuming. that the defens
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•
Mr. Walter Phillp Thompson. Commissioner offact from October 4. has consed to act as an Assistant bf Police with
dants' wore not dismissed--which Mr. Theodore Ralph Ingram th fact they were the position is scored to be an Assistant Com- no different The property, he missioner of Registration stressed, in that of the Nationalist effect December 19. Government:
Leslis
with
Ja
Justice, and Mr. Justice Gould, Puisne Judge -ruled that the accretion of HK$38,991.87 of the company was capital appreciation, and not trading profit.
The Commissioner of Inland! Revenue, the respondent, was ordered to pay the costs of the previous hearing 肆越
well as that of the last.
MI John McNell an the in- structions of Mr. H. 3. Ariostrunk appeared on behalf of Jebsen an tounny. The respondent was re- presented by Mr A Hooton, ("rown Counsel, ussisted by Mr. W. Norris of the inland Re- venue Department.
1
The matter first prose out of a dispute between the parties which WD6
the sus concerned was
CYPRUS FLOOD TRAGEDY
Personalia
Among the arrivals here from Manila by CPA yesterday Were Messrs.
Ricardo J.A. da LuzZ, Leonides de Leon, Philip F. Van- divier, Rev. Fr. Johannes, William Mediemchlin and Yu Heng.
Among the departures from the Peninsula Hole!
on Thursday were Mrs. S.F. Feng, Mis G.F Haldane, Mrs. D:G. Old, Messina. P. R. Chichgar, C. H. Tucker, C.A Fillingame, S. Kownleyk, C. C. McCarthy, Chai Fook, Lin Kr- chuang. Lee Chec-jun, J. Ferando and W.W, McKenzia.
New arrivals at the Peninsula Hotel en Thursday included Mr. Nicosia, December 22. anet Mrs. H. A. Morgado, Mrx. LI, Eighteen passengers were
O. O'Brien, Mr. and Mrs. W.E Thomus.. Mr. officially reported as missing. Stephens, Messra. 3.P. Van Der
and Mrs. foared drowned, today from Water, J.R. O'Brien, W. Zimmern, Ad
Mr. E. O. Steetzner arrived in Hong Kong by the *%. Giai Men Λιτ Force yesterday.
sett before a Board of a bus which was swept away! F. Lianetti, T. Kagawa and Miss Review The Board had held that in central Cyprus during the J. Payne.
derived night in the Island's worst | fruan in appreciation in the value floods for 20 years. of Ametsen avllar bolancos whilea
18 occurred before 1917
Low-flying Royal and was not taxable profit for Beaufighter plunes
the
and Army units are helping police and other Captain F.V. Stopford, Gunner rescue squads comb the country-C. Wron, Warrant Officer McNair Yaling of er hve days of rain. has been flooded by the River Kong for, the United Kinglem by side around Assie village which and Sapper Marshall left Hong
BOAÇ yesterday.
Year
The
Commissioner of Inland before Mr. Justice E. H. Willans. Revenue then brought an appeal
Senior Pulene Judge, who beld that the sum was taxable as part of the profits arising front the purelinae and sale of the goods.
CJ's remarks
They are also seeking thede oe-" cupants of a military lorry which had been travelling from uma gusta to Nicosia. The lorry Aud bean carried off by the rising waters.
•
•
by
for Bangkok by BOAC yesterday. Mr. and Mrs. E. Wadsworth left
Departures for Calcutta Five passengers of the bus, CAC yesterday included Mesure. In the course of his juog which was ment, Bir Leslie, after
carller reported.
M. Daito and Mr. Lal Yocks; going have been carrying 23 people, hud
Yamada, through the facts and authori- | siready been rescued. ties presented by both sides, Sir Andrew Wright, said the sum
Mr. Edgar Ah Chang left for concerned could of Cyprus, visited the area this Karneti by BOAC 'yesterday, In any aveat only be taxable morning and spoke to relatives if it ropresorite profit on ox change coupect
waiting in the rain for news since of a fund, inidnight. the purpose of which wede to Anance purchases of goede with and railway servicos suspended Nicola, the capital, was cut pif American dollars.
places.-Router. with the line washed away in four
Sir Leslle :urther ruled that if capital Investment is in fact subsequently used for trading pur- poxes, it is not to be treated as having been trading fund.
"We think the original purpose. of the fund persisted over the whole period during which the Becretion of $38,891:87
occurred Ja that the accration was capital i appreciation and. not trading proẞt.
For these reosdna we are of the opinion that the $38,091.87
Governor
Talks on Indo-U.S. relations
་་་ ཾ་
New Delhi, "December 22.
APPEAL COURT IN CANADA
Ottawa, December 22, The Canadian Prime Minis- tor, Mr. Louis St. Laurent, an- nounced today that an Act has hemm proctahmed under which the Supreme Court of Cartada becomes the final Court of Appeal in Canadian legal pro- ceedings
Не
He said that the Supreme Court has been increased to nine
was not liable to Business Pro-America relations conference
The 10-day unofficial India-members.
Ats Tax as taxable profits of the
1
"Appeals to the Privy Counet!
year 1847 and we allow the op- which concluded today em- will still be possible in cases of peal laccordingly.
phasised the need of improving ligation already under way but "Appellants to have costs hern closer understanding and develot In any case commenced after and in Court below," the Chief loping further research of
today Justice concluded,
mutual problems.
At his Press conference
ence today, The conference, consisting of 30 nounced that General A.G.L. the Prime Minister also, a11- delegates from cach country,'sat three round a table to discus
McNaughton
the permanent Canadian delegate to the United 1. poiltieal and diplomatic 2. Nationis, has been appointed to aconomic, and, 3. cultural relations the International Joint Comunis- between India and America.
CAUSEWAY BAY THIEVES CAOLED
In reply to a question from Sir The names of the Consolidated
Tonight's Press release of the 10 slot which supervisca (mettera days in camera, discussions: raid of joint éencern to Canada and as to what the position, International Corporation Liesit- vere 11-the Court went to the od, the Fogden Brisbane and gang of teen-aged thieves preying and the United States, both of The question of appointing a
the Belloved to be the last of the that, both delegations stressed: United 'States, such na water- Secretary of State and asked him Company (Hong Kong) Limited,
similarity between India Ways then, Mer d'Almadd stated that Limited, the United Amusements were sentenced by Mr. Hin Shing standing of each other. the question of de facto recogni- Kel On Flice Mill Company, the Roxy Theatre, two youths which stood for Democracy...... successo: the permanent dele-
car "In ́the ́ of that would be frrelevant. The Limited,
2. Its need for greater under-gate to the United Nations it un- and the United present position, he explained, Developmont Company (China) che Central yesterday: on
der consideration. Reuter. was that there is a de jurore Limited, wiil bo struck off the
charges of simple turceny.
Some, speakers said that both. ognition to one Government and Companies Register unless chuse Kau-chi and L Pak-slitu both of world peace, culture and civil- The defendants were Shun co-operate closely in the interests were complementary and should. na de Jure recognition to the is shown to the contrary within aged 18. Detective Sub-Inspector lsation. The United States repre
Pagelet w three months,
R. Laurel was in charge of the sented power and India vision,
other':
CHRISTMAS HOLIDAYS
HOURS OF BUSINESS
LANE, CRAWFORD LTD.
X'ntas Eve 24th December
X'mas Day 25th December Boxing Day 26th December Tuesday
27th December
Main Store (All Departments)
́& Branchos Main &Branches
Main Store & Branches
Food Section
Branches
BREAD & CAKES will be on sale In Cale Wiseman vestibule between
.0 and IT a. on Boxing Day CAFE WISEMAN UPEN AS USUAL
OPEN TO 6.30 pan.
CLOSED ALL DAY.
CLOSED ALL DAY..
OPEN
11 am
cake.
ASMARA CHARGE Asmara, December 225 Mr. Laurel told the court that out power- was weak and fatlio/appeared'.bgford a British="{court""
they said, adding that vision with Two Ethiopians and an Eritrean four other youths hava be arrest and power without vision I was here yesterday on charges arising ed and were serving:prison terms destructive and dangerous. They from bomb-throwing in the cen In Blanley, in connection with aid that closer integration should. Under the Italiau penal code. larceny cases from the Roxy make India inore American and
tre of Asmura' December 12 Theatro vicinity.
Shu, with two previous con-ed Press.
** America 'more Indien, Associat-they were charged with "contem- victions of larceny, was sentenced
Syplating cornugd.". Five hand- to four months herd labour. L
grenades were tirown at the main gate of the Briliale Informa
Lorenzini hamara but none of the
received similar punishment when CHRISTMAS DAY llon Service offices in the Vin he pleaded guilty to the chore CONCERT bombs exploded d Both were recommended to be deported by Te
A concert of recorded music An Ituilar doctor, Signor di will be given at the Enlish Alma Muti, who was hit by Methodist Church, Wanchatant in the same street. Inter tp.m. on Christmas Day ter
that day, died in hospitalReu
The programme will open with Handel's Messiah) -/(Part 1),
MURDERED
GIRL
TO STAND TRIAL Wong King Hd We and Chan Ngan, charged with robbery on the high seas, and possession of This will be a recorded version erms and, ammunition, were com- by the "Huddersfield Choral mitted to stand trial at the riskt Scelety, and Solalate with the Earin, berenberind Criminal Sessions by Mil FX. Liverpool Philharmonie Orchestra e The body of a 20-year-old Gers. d'Almada at Iwloon yesterday. and Organ, conducted by Dr man girl who had been steangled-
Prosecution alleged that only addin
Was found today along the rall November 19ths, men robbod tame, December tavo philors of $48 and two bags The police, chief today, banned Zong border point at Helmstedt
way track near the Soviet-Blush of rice on boards junk. Four scheduled Communist rally of United States Muitary Police rovolvers and afamunition | satd andiens pendants, the called fol said the airl" might have been to belong to the defendants were Saturday at the same time that thrown from a train, She has hot Intercoveted frontTM hiding the Pope-Will open the Holy yet been identifier-Aspoclatel plačba hii the Now Territories VentuUnited Prosa"ON