Page
13
Court hears application for CNAC receivership
Registration of floating population
A specific period before and following the Chinese Lunar New Year has been fixed by Government for registering the floating population.
An official statement your terday stated that the regis tration of the noating popula. tion is a task of great diffi- culty, partly because of the mobility of this section of the community.
The 10 days before tha Chinese New Year and the seven days after have been
number of craft will be in poris la celebrats. The cholce of this perlod will therefore cause the minimum of incon. ventorcer
the to
floating population.
Proceedings in the application by Civil Air Trans-
port, Incorporated, for a receiver in respect of the assets of the China National Aviation Corporation in open Court started yesterday at the Supreme Court.
Major General Claire L. Chennault and Mr. Whit-
Ing Willauer, named as defendants in the action, are not opposing the application.
The airline's Communist mandletion of a de facto government, fegement were present us a third the de jure government has very
party to the action, which is being fult, right, "inteed, heard by Sir Leslie Gibson, Chief Justice.
:
Quoting authorities in support of his contentions, counsel re- CAT, Inc., is represented by ferred to the period inmediately Mr. Leo d'Almada, KC, Mr. John precedlug the British de jure re- McNeill, and Mr. DAL. Wright, cognition of the Peling Govern- Instructed by Wilkinson andment, and said that at the time Grist. Mr. V.J.L. D'Alton, on the the old government was still re- A
government instructions of Brutton and. Com-cognised, and that
pany, T Tor Car Chamalda pels so! ENAC and and Mr. Willauer, while Mr. CATC to General Chennault the Eldon Potter, KC, Mr. Percy Mr. Willauer. That government Chen. and Mr. D.A. Bertuccht, was recognised as a de jure gov- ernment by His Majesty's Govern- are representing CNAC,
ment, whereby they were the proper persons to look upon at the time.
Earlier in the day, decision was reserved by Sir Leslie on an ap- plication for a provisional liquid-
ator of the corporation in chaming was adjourned until 10 u.m.
bers by its American pilots.
Reminders the
Today
Kowloon Rotary Club, luncheon,
Peninsula Hotel, 12.30 p.n. Y's Men's Club, luncheon at Roof
Garden, HK Hotel, 12.45 p.sh. IK Women's International Club, Whist Drive for Services, 7.30 15.11. British Council weekly film show
and talk by Mr. Yao Ke. Helena May Institute, 5.30
pan
St. Andrew's Church Women's
Union meeting, 10 am. IIK Unton Church Ladies Guild meeting, Kennedy Road,
Concert
SL Andrew's Church
In making the application for CAT, Mr. d'Almada told Court that it was concerned
rot
fs
with any question of the shares of the corporation, but only regards its property and assets in ilong Kong.
he
After further submissions, hear-
10day.
Forger gets eight months' continued hard labour
The claim, arias out of a purported sala of that property to the defend. ants on December 12 last, and
the resale by the defendants to the plaintiffs on December 18. Counsel made reference to evi dence of a ratification of December 12 sale by the cor-
poration,
the
An application for the re-sale was made on behalf of the plain- ffs at an ex parte hearing, and refused on January 9. Referring Mr. to thut Court Judgment, Supper for Forces, 2.30 p.m.
d'Almada said it appeared to him HK Singers rehearsal, St. John's that the reasons for the refusal
Cathedral hall, 5.30 p.m.
of the application were that the Club, Court held (1) that there was no Dragons Services Musical Evening, B p.m. evidence as to who was in posses- RAP Association, luncheon, Jaco-sion of the property or assets benn Room, HK Hotel, 12.45 concerned: (2) that no prima facie title had been made out and that a prima facie title must be made out against both plaintiffs
in the and defendanis actions.
Nase
13.825,
Coming Events
TOMORROW
Nine Dragons Services Club, Tom-
bala, pan,
European YMCA, Services dance,
A sentence of eight months hard labour was passed on Dodwell Francis Van Reyk by Mr. A. D. Scholes at Central yesterday after defendant had pleaded guilty through his counsel, Mr. J. C, S. Stewart, to a charge of forgery and ut- tering a forged cheque.
THE CHINA MAIL, THURSDAY, FEBRUARY 2, 1950.
The new 10,000-ton cargo ship, ss. Eastern Glory, which
is expected to arriva in Hong Kong today. The ship, operated by Jardina and Matheson, is on her maiden voyage.
Merchant ship arriving
on maiden voyage
Church service held for Mr. W.F. Simmons
Many friends attended the Church Service held at St. John's Cathedral yesterday for Mr. W. F. Simmons, aged 48, who died at his residence, 356 The Peak, on Monday night.
The Right Reverend Blahop R.O. Hail, Bishop of Hong Kong, assist- ed by Dean Rose, amelated.
Mr. Simmons was the General Manager of the Hong Kong Train- ways Limited. He is survived by his wife and daughter who are 'at -present-in-England.-
'Mr. C.S. Johnston; reprezented Mrs. Simmons as the chief mɔurner at the Service.
At the request of Mrs. Simmons the funeral service was not held but the remains were taken to the Indian Cemetery at Caroline Hill
10,000-ton morchant ship will arrive in Hong
Kong today on her maiden voyage for
She is the 55. "Eastern Glory", the newest and late/L addition to the fleet of the Indo-China SN Co., Ltd. She will berth at Buoy A-1.
Wearing the famillar house-flag and red funnel of Jardine's, she is a smart and efficient 1xaking ves.
Roll in Great sol,
Britain t well-known Sunderland by the ship-building frm of Messra, 1 Thompson & Sons Ltd., the "Eas- tern Glary called from there on November & for Japan, where she
het present
to starteri
Voyage Austic-lin
She luns speed of 16 knots and carries epproximately 10,000 tons
Court brevities
Tsana Sun, 39-year-old
was coolie.
months imprisonment by
earth
four
X. d'Almada at Kowloon yester- day on two charges of assaulting a police officer and legal dis- tilling of wine.
court that on Monday afternoon
mare puse was attaided ther
service were; Messrs C.S. Johnston. A.R. Bennett, L.W. Stanton, E.J. Lees, J.H. Simmons, H. Bronson, T.R.
T.B. Rowell,
'Sleep, Wilson. S.A. N.V.A. Croucher J..Forbes, J. Frenilee, P.A.L. Vine, G.G. Wood, E. Jones H. Owen-Hughes, T. Waller,
W. F. F. Duckworth, Stoker, J. D. Alexander, R.C.F. Paterson, Mas V. w Mis Wiggins, J. Leghorn, Mr. and Miss E. Xavier. Miss M. Lau, Messrs. H. J. Armstrong, D. O. Sliver, R.P. Phillips, P.O.B.
Howe, II.B. Bailey, A.E. Contes, M.J.
Inspector G. Willerion told the Medina, S.11. Lopes, F. Franklin. 1st general cargo in five holds with while he was visiting the scene M MIB. P.S. Cassidy. Mr. and
commits twendecks and up to-date electric cargo handling gear. She is viso filed with the
test navigational and
wireless equipment
Radar. including temparses and the gyroscope
Ocenaspan Marconi Company's
12
of a fatal blast in Cha Kwo Ling
in connection with a death in- usa, he entered a disused build- Ing and saw defendant beading over a distillery. Defendant turn- ed around and gave him a viel- ous kick in the stomach,
Defendant received two months on each churge, sontences to run consecutively.
to instilation. She has very comfortable pas
for senger accommodation first class 1
consisting oriengers, of four roomy, well ventilated und tastefully finished double berth statersoms and four single berth.ng without due care and atten each with adjoining bathrooms.
Verandah cafe
adjacent to fundant. Oreni raid that de- }
while driving his lorry
A.M. Xavier, J. E. P. Blenkinsop. Mins E.
E. Kelly, Mr. and Mrs. N. Pan, Mrs. D. L Strellett,
H. Mr Kadoorle. Mr. W.A. Joas, Insper tors H.C. Sell, W.C. Fowler, J. Bradley, J.H. Weeks and G. Parks, the Tramways Office employees including all Timekeepers,
Regu lators ators and Chinese Inspectors
Floral tributes were sent by: The Board of Directors, Hong Kong
Tramways Co. Ltd., Mem- bers of the Urban Council, Sir
Ad..
Cephone Company CHCT. Mr. and Mrs.
ME
Cautioned on a charge of driv-Robert Ho Tung, The Staff of the In a plea for mitigation, Mr.
Tramways Stewart said that defendunt, prior
tion, chu Wing-kong, larry - Hong Kong and wayo Co. Li to the deed which had brought
ver, was fined $160 by Mr. F. X. Co. Ltd., Star Ferry Co. Ltd., him to court, hud had a good
Almada at Kowloon yesterday Hong Kong record. Counsel produced char-
for driving a veticle with defec- Talkoo
Engineering Co. acter testimony which defendant
There is a comfortable lounge tive brakes.
Mr. and Mrs. ม. received after his discharge from
and well-appointed dining
D.S. the Army in June, 1948,
and Mrs. A. Ritchle. It was slated that Van Reyk salon conveniently was an employee of Percy Smith the staterooms. A special feature toward Talpa and when near the Mr. and Mrs. V. Walker, Mr. and
is the cttractiva verandah cafe Shatin Police Station. Tummed Mrs, J. and Company. On January 17,
Moodle, Mr. and Mre.
J.W. for earlier cheque
passed situated on the spacious boat deck his vehicle into the rear of n ear $6,094.00
Alabaster, Mr. and Mrs. E. Hut- through his lands, payable to the which is ideal for deck games, riven by Mr. H. D. S. Pagd femeler, Mr. and Mrs. R. Nechel
cousing dainage to the latter's car Hong Kong Government.
sun Lathing and the general case
10 the extent of $320.
mana, Mr. and Mrs. D.R. Bland, sald Defendant was
the Honourable and Mrs. to have and recreation of passengers.
After the collision,
C.L. Her machinery altered the payce's name (HK)
defendant Terry, Mr. A.W. Brown, Mr. and comprises the
turned his torry of the road and Mrs. C.G. Jack, Mr. M.W. Lo, Mr. "W.H.N. latest typo
Parsons turbines Government) into one Govterrez" and had endorsed the driven by Foster Wheeler high ran into-a-brook, ...
An examination of the lorry and Mrs. JEP. Blenkinsop and cheque into defendant's account.
Bir. Stewart told the court that Fressure water tube boilers, an carried out by the Traffe Depart many others,
ail Duxiliaries are electric with defendant is still entitled to free passage back to the United King-Power derived from four 150-ment showed defective brakes.
kilowatt National diesel genera- dom but that this facility must WHO be utilised within two years of toca Counsel, quoting authorities in this release from the Army,
Mr. Scholes, in passing sen-Melae, support, contended that upon the
defendant cir- tence, said that facts before the Couri the cumstances in the case will show gain remission from his sentence that, in the exercise of the Chief and be able to avall himself of Justlee's discretion, It is one in his free passage to the Unlied which the receiver should be Kingdom before June this yeur appointed.
To fill gaps
8 p..
In this connection, Mr. d'Alma- European YMCA, Women's Seeda submitted that the evidence he tan, Beginner's dressmaking. would bring before the Court will the Senior gaps which SATURDAY
Judge held existed in the evidence came Kowloon Gramophone Society, In the application which
classical recorded concert, before him. Diocesan Boys School, 8.15 p.in.
10a.m.
BUNDAY
Тос IT classical concert, 50,
Macdonnell Read, 8.30 p.m. JIK Art Club, sketching party to Shek-O Village, members to meet at Queen's Pier, 10.30
a.m.
-European-YMCA. Armchair_Group_
aweting, talk by the Rev. Mr. L. Outerbidge, 8.30 p.m.
*
Gold smugglers
in Court
of the
Mr. Wright then rose to read the evidence contained from vart-- ous parts of affidavits, referred to by Mr, d'Almada, in which were disclosed among other things the transactions by which CAT, Inc., were alleged to have bought the ussels from Chennuult and wii- lauer.
The affidavit of General Chen- rault was also read, in which it was stated that he did not have
can
Under the command of Mr. L
one of the Indo-China S.N. Company's Senior Captains, the "Eastern Glory" is due to sali for Sydney at noon on Saturday, and is expected to arrive there on Feltunry 18.
Isbrandtsen ships-not- giving up attempts to trade with Shanghai
Obituary
Dr. Mox Klein
Yon Chi-haug was fined $100 by Mr. A. D. Scholes at Central who she pleadod yesterday guilty to three charges of runn
Investigation by the authorities ing an unlawful school. made at 20 Elg n Street, second former floor, led to Miss Yan's appoa Hall's staff died at sea yester- member of Bishop rance in court..
that
RAMB
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Dr. Max Klein, a respected HYDRAN PRODUCTS LIMITED,
The investigation body reported day on board the ss. Tak Sang the Gat occupied by defen- while on duty at his post as dant was a tenement house mac-ship's surgeon.- commodating four familles. The- A memorial servies will be at 4.30 at report added that the premises held this afternoon fell short of
His body the sanitation and St. John's Cathedral. other safety standard required was buried at sea. Dr. Klein is for a school. "Low stools were survived by his widow. Mrs. F. used as chairs and bigger ones Klein, the well-known hostess of
the Church Guest House. os desks," the report said.
The investigating body reported The Inte Dr. Klein was born that the textbooks and addresser In 1807 at Manheim, Germany,
his degree of the children (numbering 19 He took
DB Doctor in all) showed that an unlawful of Medicine at the Universities school was being run on the of Berlin, Munich and Heidelberg, premises.
Later he went to Kwangal and was in charge of several hospitals and refugee camps. Ho also served on the - staff"
_of_the Kwangsi Medical College as Pro- fessor of Medicine, · Ro. had a near escape when the Japanese Manila, February 1. took over Kwellin." Press reports said today that Ghortly before-the-Pacific-War- an unidentified band of about 10 he came to Hong Kong.
He was men killed two prominent Pam- put in charge of the First Aid pand-the only American firm Panga landowners in their estate Post at the Supreme Court, and trading with Communist Shang-in the town of Angeles, and also practiced us.a general practitioner,
a 17-year-old storekeeper, last | During the war years he was
great help both to the internees the
pany of New York are abandoning their at- tompts to trade with Shanghai were denied by the Company's Far Eastern Representative in Hong Kong yesterday.
"Gold smugglers are taking any objections to the appointment Reports that the Hans_isbrandtsen Shipping Com- advantage
Revenue of a receiver. officers nowadays", suid Re- Mr. Wright also referred to venue Inspector L. Millington Colonel C. Y. Liu's aidavit, in yesterday when five men were which it was said that the latter charged before Mr. Hin-shing on November 9 went to Peking Lo at Central with illegally to see the Premier of the People's importing gold into the Colony Hepublie for the purpose of "at- The from the st. Shengking antaling the object for which the
GNAC had been incorporated." January 31..
It was further said that tha Premier, Mr. Chou En-lal, had replied to Llu that he accepted the CNAC as property belongs ing to the Republic of China. Mr. Wright submitted that the Premier had intended to appoint Liu as general manager of the Firline, but did not mean for him Mr. Millington told the Court to take control.
The men had between one to dour tools on their persons when arrested, All the gold was con- Bscated while two men who failed to appear in Court had their The other bail of $3 estreated. three men were cautioned.
that several of the
wore men
employed on the as Shengking
They knew that Revenue officers.
Validity of sale
A
representative, Captain Andrew Crinkley, said that the ss. Flying Independent which is now in Hong Kong would definitely attempt to break the Shanghai blockade.
PI LANDOWNERS SHOT DEAD
ha-continuously sent protests murder victims were the land the foreign community,
to President Truman, Becretary of State and the Congress demanding United States Naval protection for
brothers; Miguel Lebon.
and Jesus After the hostilities Dr. Klein Joined the Medical Department Reports said stray bullets killed and later worked with UNRRA
of Chinese was helpful.
His last appointment was with
A previous report yesterday from a usually reliable source stated that the ss. Flying In- dependent was not going to Shanghai, but would unload all its cargo in the North
their blockade-running 'ships. the storekeeper, Jose Quiambao, and CNRRA where his knowledge China ports of Tsingtao and
The Company took aut full- The killers could have been pago advertisements in the large disgruntled tenants of the Lachons, did "not arrest persons with a When the evidence concerned Taku Bar.
This source also sald
that it New York newspapers clarifying the reports said, "and robbery Jardine -Matheson as ship's sure small amount of gold NO they had been adduced from the all- would make several trips to the davits in question, Mr. d'Almada was most unlikely that any more their stand and requesting public did not seem to be the motive goon, and it was at this post
that he died. wharf wallo mingling with the then strove to prove the validity Isbrandtsen ships would seriously support.
However, the American Gov- of the sale of the airline by the altempt to break the blockade to
Shanghot as long as the blockade | ernment-though they did finally Nationallats.
See perce to give protection to Amer- "A fireman of the vessel", said On the evidence he said, it was in full force.
He added that until it was cer- Ican ships while in international Mr. Millington, was observed to would appear to him
-to assist the have made five trips from the other side's case-Insofar as theirtain that the main channel of the waters refused ship. Each time he had a gold plea of a foreign, sovereign is Yangise river was not mined, no fabrandtsen ships to break the ring on his finger when he left the ship but on his return there concerned rests upon four dif- Isbrandtsen ships would attempt blockade
passengers.
was no ring on his finger.
that the
ferent statements, which
were
(1) that the property in ques
-
to enter Shanghai, wat
Early in January, the Company Though small ships can, some-sent a protest to each member his sixth trip he was arrested tion is public state property; (2) times enter. Shanghai by using of Congress. The protest received uncharted shallow Northa cool reception and the Congress by a Revenue officer and gold in the alternative, that the pro- the
in the bar weighing 1.60 taals
'perty In the possession or con Channel of the Yangtee River, look no action.
One Congressman wanted to shape of a ring was found on the trol of a foreign sovereign; (3) merchant ships of 2,000 tons or middle Anger of his left hand, that the possession or control is over must use the deeper main know what was behind the Is-
not channel..
brandisen... · Company's desire to Isbrandtsen Company ships are trade with the Communist port Another of the smugglers was by virtue of a requisition,
necessarily as in points(2); and, found to have 3.26 tools in his
all 8,000 tons or more,"
of Shanghal." mouth while a third had a bar
tay that the date of the property. If the Tabrandtsen Company The last two Isbrandtsen shipa of Fold tied to his Anger with fand 'assota pdf the CNAC'· 13:as abandoned their Aftample ;tó | Es leave Hong Kong for Shanghai |
a piece of cloth,
A total of about 11 toels of gold, valued at over HK$2,000 was confiscated,
fraud on the people of China.
Replying to the four statements trade with Communist Shanghai, falled to break the blockade. he had named as representing the this would bring to close one of On January 8, the 12 Flying case for the other side, Mr. d'Al- the most violent ashes of polley Arrow, loaded with a US$10,000,- mada submitted that: (1) the pro- between a private company and 000 cargo, was seriously damaged perty of CNAC is that of a cor the American Siate Department, and set on fire by two attacking
Nationalist warships?, et poration; (3) possession or con la recent American history
a recent Amerie The Flying Arrow discharged trol, actual or constructive, is not Warned to stop cargo At&Taingtuo, Corporal' Albert Drury, of the in the defendants or in a foreign
In November, 1919, jiwa. In A week later; the 8,000÷tañas. Royal Air Force, Kai Tak, who is sovereign; (5): there was no satis» facing three charges of sasault, factory evidence of "requisition, brandteen ship theriying Brooklyn Heights, with US$8, days (4)) there is no evidence that the Cloud and the sa. Bir John Trans 000,000 Cargo, first unloaded
Bar Nort was again remanded,
Kowloon sale of the assets of the corporalin were shelled and damaged some cargo al Taku:
Mike Chin nd after unsucces yesterday to allow defendant to tion is fraud upon the people by Nailonailet warshica ne
(angies; and the preyloun alate sitempling to enter hand Book local all.
(of re- Departmine: warned all At loan also diverted to Taingt ontend" | shipping: Hima""" to "alon231
lowd har, Shanghai,
No other al
by Mr. James Wicks
Bak CorporalDrury (was
Költ have assaulted Chiny
and the have Indecom Chani Ping}/M 1990STA Road-on and
of China,
Betodito ?Turning to the que
Plius, Formitlog." Mrs d'Almada
United Press.
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