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"THE CHINA MAIL, THURSDAY, APRIL 6, 1930.
Percy Chen says HK Personalia HABEAS CORPUS WRIT
GRANTED BY COURT
Gov't impeding delivery of planes
The Poking Government's legal advisor on the two disputed airlines, CNAC and CATC, said yos- terday that he agreed 100 per cent with Chou En-fai's allogation that the Hong Kong Govern- ment was impeding delivery of the 70 planes to Communist China.
The advisor, Mr. Percy Chen, would not go into de- tails, but referred reporters to the Hong Kong Government for comment.
Government
Yesterday, spokesman refused to comment on the allegation, adding that the Hong Kong Government intended to give its reply to Peking through normal diplo matie channels.
Mr: Chen sald that the Central People's Government, were cum- pletely free to do what they wanted with the pluses assets of the two airlines.
and
He added that the "China Mall" eritorial of April 3. was not correct when it stated that the Hong Kong Government Why responsible for the unfety of the assets.
Mr. Chen said: "Legally, the People's Government can fly the planes to China, leave the planes in Hong Kong, or sell them, if
they wish.
"They are in control of these plunes.
"If the editorial meant that the Hong Kong Cloverninent hus the legal responsibility to pro- sect these planes, then that is most certainly true."
MA. PERCY CHEN ("China Mall" photo)
they bought all the shares of the alrlines as well as the assuls by a bona fide transaction from the Kuomintang officials in Tolwan.
Court finding
He charged that the focal air- "The Chlef Justice found as a -port authorities, before the re- fact that the assets of the air- turn of the Director of Civil lines were in the possession und Aviation, Mr. A. J. R. Moss, had
control of the Central People' not taken their protective res- Government. He also found as a ponsibilities seriously enough.. fact that the assets were nil public property used for public purposes for the people of the Chinese Republic,
24-hour guard
He said that the airport au- thorities had refused to allow Indian Guards, employed by CATC, to remain on the airport between 6 p.m. and daylight.
He added that this situation had been
"It Is He that the aircraft of the airlines were given to the Chinese Republle by the United States Government Es part of Lend-leasc.
"The details of the CATC alr
Aniong the departures from
the Peninsula Hotel on Tuesday were Mr. and Mrs.' A. S. Trippe,
Mr. and Mrs. J. F. Bond, Mr. The Supreme Court yesterday granted the applica-
and Mr. A. Swanfeldt, Mr. and Mrs. U. E. Teeters, Misa J. Fin- ney, Messrs. T. Sorby, T. M. Hague, V: Shalom, A. A. Taylor. D. Buchanan, and Captain J. E Abraham.
New arrivals at the Feninsula! Hotel on Tuesday included Mrs M. Lloras, Mrs. V. Mansueto, Mrs R. V. Delmar, Mrs. M. M. Ubago Messto. J. Livegood, J.,Drown. H. W. Arnott, R. S. Bennett, C. li. Tucker, S. Godkin and Majos J. A. Gault.
•
Alessra. J. Rondon, M. Fauvenu and Miss Lin Kiun-tchang left Hong Kong for Baipliant yes terday by Air France.
ance of
tion by oight Chinese in custody for the isu- writ of habeas corpus against the police and prison authorities.
The Acting Chief Justice, Mr. E. H. Williams, ruled that the men's detention was invalid under cer tain warrants executed at a time when they were already in illegal custody.
The applicants, against whom detention on reasonable suspicion deportation proceedings were of being persona llable to de- pending, will consequently be portation. The men were told of brought up in Court at 2.30 this at about pm. p.m. today formally discharged from custody.
The next day about noon, ap- plications for warrants for the They are Chiu Chung-keng. soners to the Governor under the
örrest and detention of the pri Chau Yiu, Cheung So, Tsang Deportation of Allens Ordinance Mrs. W. C) MacDonald, wife at Wu, Chlu Ying-cheung, Chan were signed by Sub-Inspector A. the District Passanger Agent of Kui-kwang, To Yim-kong and Lesile. American President Lines at Chau Tak. Mr. B. A. Bernacchi, Manilo, left Hong Kong yester-instructed by Mr. M. A. da Sliva,. day by the ss. President Harding appeared on their behalf, for San Francisco.
other
•
passengers
·
The applications were forward- ed to the Police Headquarters,
I from where they were sent to Mr. A. Lonsdale, Crown Coun-the Governor through the Attor- sel, was for the Commissioner of ney General's department.
Judge's Remarks
Motor launch found adrift
Who lost .60+teni,motar- driven launch 7
Found
drifting Svithout prew off Cheung Chaú taland,” the launch has been in police · hands since Fabrynty.
The owner should apply to the Marine Police Station, Tsimshatsul, for it.
pp
"Of teak construction, launch "ban a 10-foot beam
the
an overall draft of sight feet. it has twin Borews with twin petrol an gines.
Americans fined for traffic offence
Two Americans, John Reid,,
George .C.. Swear-
.
car
Among the who embarked by the en, Pres-Police and the Commissioner of dent Harding were Messrs. Keith
Prisons," the respondents. Koons and Ernest Price.
The eight applicants were at the premises of the Ping Lok Givian his decision yesterday. and Mr. Hallington Tong. former inatlan Workers Association, 184 Mr. Williams recalled that on Nationalist government apokes- Cheungshawan Road, on January March 21, the applicants obtained ingen aviator, were fined $200 mon, arrived from Tokyo by 24, when they were originally an order for the issue of a sum- Cach by Mr. F. X. d'Almada at Canadian Pacific Air Lines yeu- taken to the police station for mons to all parties concerned to Kowloon yesterday.on a charge terday.
Inquiries in connection with a show cause why a writ of habens of driving a ense of wounding involving two corpus
without a should not Major-General Choire L. Chen-other persons. On being ques-aguinst the respondents.
be issued ticénce. mult, President of Civil Air toned, they denied having been
Reld was cautioned an Tronsport, Incorporated, Mr. connected with the actual wound-
The essential facts concerned addion charge of obstructing Whiting Willquer, Vice-President ing.
were not in dispute, he continued, aliceman in the performance of CAT, Inc., and Mr. Moon Chen,
but the questions at que depend- (of his duty, Area Manager of CAT, Inc, Jeft After further inquiries, how-ed mainly on the interpretation,
Taffle
Constable Ku Yung- for Talpen by CAT yesterday, ever, the police, according to of the section 51(1) of the Police chen testified that on Tuesday "Accoring to an official of GAT, their evidence, arrested them on Force Ordinance, No. 40 of 1948. overing while on duty in Castle Inc., the aviation executives are suspicion of counselling 'br pro- This section bild out that where Peak Road he
Row second de- going to Taipeh to Interview curing the act in question. such a person in the same post-fendant driving car No. HK130 various high ranking Nationallat On January 23, the police on tion as applicants In this case toward Nathan Road at a pored officials to discuss mailers in con- instructions charged the nature is detained in custody he sho nection with CA'T's operations. of the arrest of the eight men to
miles no hour. He gave
U.S. officials very hopeful on early Japanese treaty
Washington, April 4.
corrected now, and craft are ret out in an affidavit of High United States officials said today they were
that on Tuesday, Mr. Moss had directed that CATC guarda be allowed to guard the planes 24 hours a day.
Mr. Chen said; "The sabotaga of seven planes was the direct result of the incompetence and truculence of the airport authorl ties in office before the return of Mr.
Muss,"
the Chief Secretary, Mr. Lau, in action 518 of 1945."
Mr. then admitted that CATC purchased about 140 planes from United States Army surplus for US$500,000.
(Sale price of one new C-46 was estimated yesterday'at about US$200.000.)
Mr. Chen said that on March He stated "The propaganda 20, the Americans attempted to cumpaign being carried on by the get a new Injunction, but that Americans would break down the Court refused. British justice in Hong Kong if, He added: "The position is that it succeeded,
the Hong Kong courts place no "The Amerleans
have openly restriction whatsoever upon the stated that they want the Gov- Central People's. Government, ernment to bring pressure on the and they can do whatever they Hong Kong courts, That is de want with their property." plerabic,
"The Executive is thereford under the clusest observation by the publle to protect the courts from interference,
"The crux of the case is a claim by certain Americans that
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very hopeful that during the next few weeks considerable progress could be made toward realising the goal of a Japanese peace treaty. They warned, however, it would be unwise, in view
of the complexity of the situation, to be over- optimistic as to what might be achieved. On a basis of United Press, General Douglas MacArthur and conversations with officials con- the State Department. cerned with this subject these ore Still another development is that the salient points which emerge: Mr. Truman expects to appoint The problem facing the United another ambassalar-nt-large to States with respect to the Japan- deal only with Far Eastern affairs ese peace treaty is divided into and more specifically the Japan- we pacity for the United States expected in Informed quarters to
The -first
treaty. -concerns | 50
This appointee the necessity government itself, including be a Republican to give an air of diplomatic, economic and military bipartisan policy in that area. oficials, to arrive at an agreed
Net result position amongst themselves 03 to just what their treaty post- tion is.
Secondly, there is the matter of Teserving procedural question Just which countries.shall attend the peace conference and under what conditions.
proposed
North West Air Lines at present Heretofore it has been impos- awaiting approval from the United | sible for the Stale and Defence States Civil Aeronautic Associa- | Departments to reach" complete tion to start a new flight between | agreement on the United States Japan and Taiwan, according {
terma. peace treaty Mr. J.P. Farrell, visiting Orient
This stemmed from an inability Manager
of the aviation to decide upon the methbd of company yesterday.
assuring Japan's post-treaty Test flights have already bn security, carried out successfully by the airline some 10 days ago and the Chinese Nationalists have ako
ap-
SU
Rood
and
an
be brought before a magistrate chase and caught up with de- is soon as practicable, unless fendants car at the junction of within 48 hours of his apprehen- Nathan alon a warrant for his arrest
Shantung + under any law relating to deporta- tlon is applied for. In this con- nection, the person may be des tained for a period of not more than 72 hours from the time of his apprehension,
After going briefly through the evidence given by the police and the applicants, Mr. Williams sal
Scond defendant lighted and engaged him in conversation, each speating in a different burungo.
car
day were thus speaking, defendant drove Die away He sold that he wanted toile chase but was prevented from doing so by the second de- tendet who took hold of hands of his motorcycle,
the He
message
4
there was no evidence available when the applications reached the Governor. It has not then went to the Mongkok Pol been possible to ascertain the Station where a radio exact hour when the warrants was Joshed for the
apprehension wero signed. These warrants, he of the car.
Bos defendants testified that added were in due course return- ed to Polica Headquarters. they were speeding because
iger in the car was suffering from sudden attack of dysentry." Secor defendant said that after deposing his passenger, at the Feniul Hotel He drove back to the spe of the alleged obstruc- tont found the constable and
end had gone.
Sub-Inspector Leslis receives the warrants on January 30 and thereupon made cadorsements o the back to the effect that, by vir- tue of the warrants, he arrested the persons named therein at
p.m. on January 27.
Police
powers
his
film actress to veit Hong Kong.
Manila, April 5. Fil actress Linda Christian,
Turning to the legal argu- mente submitted by both #das, the Acting Chlef Justice pointed 'but that under the Palica Força)
Ordinance, the police in Hong wife Tyrone Power, will make 'Kong have very wide powers of the visit to Hong Kong, Bang- Arrect, wider than those possess kuk ad Ball beginning the latter ed by the police In England. part next week, It was learned
today! dinance, a police officer may de- Fhes with her husband who Christian came to the tnin a person apprehended without ta ng making the movie "Ameri-" warrant for a period up to 48 can crill in the Philippipes." Shewill spend about one week.
Under Section $1(1) of the Or-
hours. If a warrant for his arrest
The not result of theso various moves, none of trd. mendous significance in itself but adding up to considerable In total, is the State Depart ment's will to regain its tiva
Japan on
from the po according gon,
Informed off. to clat quarters. This is
expected to result, according to their could be detained up to 72 hours, analysis, in speedy completion of a United States draft treaty. Mr. Bernacchi's contentions that Mr. Williams went on to recall draft may be readied within ax that the applicatims for warrant There are indications such a the respondents had not shown weeks if matters move according had reached the Governor within to schedule.
and detention under any Deporta-90 trip her first to South on Ordinance is applied for, he stain. She will be accom- panie by Mr. William Gallagher, busina manager for Twentieth Centy Fox studios. ** United, Press
Mr.
Bay
RPORTED DEATH
O MINDSZERTY.
given their permission for the air- exempt from this charge General) United States is rocking to have complied with the 'subačction 5r/eath, prison of Cardinal Joseph
line's aircraft to go to Taiwan.
At present North West Airlines maintains
handful of ofticials in Taipeh headed by Mr. Milion Mer rlman, District Sales Manager.
In the Colony, NWA i hended by Mr. A.P. Farrell. He is assisted by Mr. David Anderson, Mr. Kwan Wing and two other staff men)- bers,
SAILORS FINED
Earnest John Day, aged 22. seaman and Kenneth Jonės Kelly, aged 20, both of HMS Alacrity, were fined $10 by Mr. J. Reynolds at Central on a charge of disorderly con- duct and ordered to pay D. E Kibble $15 each for malicious domage to his motor bicycle."
"The prosecution story" was that a Folice constable was on duty at 3.30 am, on Tuesday in Con- naught Road Central when near Ice House Street' be gry the two defendants push open Private car 1465. After a minute, the de- fendants loft the car and pushed open another car, then let the car. 11-
entered and
They did the same thing with another cor. After that they walked up to Feddor Street where they pushed a motor bike, the property of Mr. Kibble, to the ground and damaged it to the extent of $30. FEEL
FIRE AT QUEEN MARY HOSPITAL Shortly before 9 pin, last nfé two Abe cruelbed - werd munitng to the Chicen Mary Hopital Bo Korethelf:mertvslohot
fire was cext be
Be Born into the
store
Mathe
Douglas MacArthur: who, they
State Department officers
The second question, that of 48 hours of the arrest and that,
Vatican City, April 5, parently have felt up to now that weving the procedural deadlock therefore, they were in illegpi
With
Russia over the method of
Vatan City officials could army officials did not really want holding the peace
custody... Japanese peace
conference.
neithe confirm nor dany press treaty. They offers
Williams went on- thorny problems. Tha
that in his opinion, the police had from Budapest of the Mirdsty, Primate of Hungary, believe, sincerely destres convo-all 13 members of the Far Eastern the Ordinance concerned, as the who w sentenced a few months. cation of a peace conference Commission equally represented applications for warrants were ago tilfe imprisonment for the earliest moment.
at the conference but has never made about noon on January 26tress espionage and currency succeeded in overcoming Russian well within the 48 Hours. Opposition
objectiver
that only the big "Finally Mr. Bernacchi took the Theyald the last news, they However, so far as military powers should write the treaty point that the Governor's war had read were reports from planners In Washington aro with on
other nations in a consulta rants, though signed on Januarungara xefugees that the Car- tive status. concerned there is said to hays,
This is complicated now by the 28 when Sub-Inspector Leslie X been interred to the hospital 27, were of no effect until January dihal, kfering from brave car. bean their part to trading their pra:fact that about one half of the hained to the applicants the cop of his uudapest prison-Reuter,
definite opposition on
dlacal nervous disorders, had.
·
sent suured military position In Japan for what they felt was a nebulous apsurance cecurity to be arranged under
the treaty terma
Far Eastern Commission nations
recognise Communist China and tents of the warrants.
the
remaining half recognise Chiang Kai-shek's regime.
-
Chinese Reds
"He argued that two steps were necessary to give validity to a warrant: issue and exccutión, and i United States officials still not received the warrants on the that as Sub-Inspector Leslie had| have not committed themselves expiration of the 72 hours, he
this question. However, opinion in Informed quarters, cants forthwith.
ought to have released the appli botstered by United States pro Rouncements in the United Nations and the FKC, I m United States will admit the
on
.!.
Illegal detention
Chinese Communists if a ma- "The applicants ought not to be jority of the 12hations" con said to be held on a warrant un- cerned acquiesce although the - lens the warrant was executad," Americape may not. recognisa Mr. "Williams' continued :
Mr. Bernacchi,
thảm.
Ons among those understood to] have this feeling was the former Under-Secretary of the Army, Mr. Tracy Voorhees, with whom. the State Department was re-
never ported
to have had very cordial relations. However, several recent events indicate there is a possibility of the State and Army Departments coming closer together on this subject.
Firstly, Mr. Voorhees haz ra- | ja, signed and his successor, yet to be chosen, will not be selected by In connection with it this latter Mr. Lonsdale, he went on, luc President Truman until he has question it is obvious to informa argued that there was no authority been cleared with the Secretary ed observers the United States to support the contention that e of State, Mr. Dean Acheson, ac- eventually intends the Chinese tumit of a warrunt must be 'oz- forming to usually reliable the Japanese treaty if they are handed before the warrant conten formants.
The person most prominently willing to comport themselves in need are the warrant comes mentioned to succeed Mr. Voor- accordance with accepted prac
that hees is the New York lawyer and tices. Haying written oft the found fit the educator, Mr. Kenneth Johnson Chinese Nationalsts it is assumed issued by
by the were whose name has been suggested the United States is prepared to hours of their arros, but that the to President Trumon for this recognise the existence of the warrants wore not executed until
far no dealt recognises them uplomatically about another 10 hours later
decisiori, has been p
ing the post.
Another development bas
has been
or
Merely tolerates. TERROREA the appointment be Mr. W. Wal analysing:
Williams siated
માહિ
the aplation that the applicants continjand
to be under considerations" believe 27 until 12.45 on @anuary #25
the arrest from 10 pm on Janupry ton Butterworth, Amblant Secre- it would not be unduly opinia virtue of their original arrest with tary of State in charço of Ear Lie to bellove
there is_p_posal- masterný bohirs, to devote his buity of holding the Japanese “uk Warranty. Quɛing thepić žrou
ire time to Japantao treaty peace treaty conference" by The they were therefors fa llegat
The main kanincanco end of "thir: Barring that Lenilen and ware, she me ke pholstments, aside from tidy are prepay
us the when the warrants wEUW BERCULO
thestready appal
bid secure for Japan
soft afhlea scope, vla
CREDOSTATK; therefore, and Sternationalý should be: bat prád
olence
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