THE HONGKONJ. DAILY PRESS,
FEDNESDAY, DECEMBER 28TH, 1920.
Put your orders in early.
Just arrived large stocks
of Tile Register Grates,
Interiors and White Glazed
Tiles.
UNION ENGINEERING
19717
CO., LTD.,
NEW YEAR GIFTS.
STAMPS, ALBUMS, LUCKY BASKETS
and
TOYS
at Cheap Prices Inspection Invited.
GRACA & CO.
Dealer in Religions Books, Toys, Priatelic Goods, Seeds, Etc.
No. 10, WINDHAM STREET “HONGKONG,
· P.0. Böx, $99.
DAIRY FARM NEWS FOR THE FESTIVE SEASON.
Farm Fed Turkeys and Geese, Sucking Pigs, Capons, Haggis, Ham; Bacon, Hares, Rabbits, Bausages of all description, Mince Meat
#
·PLACE YOUR ORDERS EARLY TO AVOID DISAPPOINTMENT
Orders can now be filled for
DEVONSHIRE CREAM 80 conta par phial STERILIZED MILK +35
-pint
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APIOLINE
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LA NESTO
For sunotion
21 (one irregularities (peculiar to
Teisel Drape undfrenzy
13, Chater Road.
Asal Beer
SPECIALLY BREWED FOR EXPORT
DAI NIPPON BREWERY COMPANY;
LIMITED,
TOKYO, JAPAN
SOLE AGENTS -
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TRADE WITH RUSSIA.
THE DRAFT AGREEMENT.
DESTS AND CLAIMS,
[FBOM A CORRESPONDENT TO "THE"
DAILY TELEGRAPH."]
As a proof of what can be achieved by the pressure of public opinion, Clause 8 (relating to debts and claims) of the pro.. posed agreement with Soviet Russia ha been entirely redrafted. But I am informed that the new draft of this clanse is very vague indeed, and will hardly give satis faction to basiness and financial circles in this country. It amounts, in fact, to nothing more than a tentativo pledge that the ques tions of debts and claims shall be considered during the final pesce settlement
Io is to be regretted that much less at- tention has been paid to Clause, B, which mises the question of British official recogni-. tion of the Bolshevik Government's confisca tion of private property. According to it, the Government of this country admits the claim of the Sovieta to the right of certifying deca- ments proving proprietary and trading rights. The consequences of this claus, if it becomes. binding will be very important and most uncomfortable. According to the clause the Soviet Government acquires the right to crente titles to property nationaliserior simply confiscated. Some time ago, in order to illus trate the consequences of Causes 6, I mention an example a cargo of timber arriving in from a sawmill in Russia built and The
gland owned by British subject and
Bolsheviks, having nationalised the timber, would, of course, Israe certificate of ownership by the Soviet Government. This certificate would naturally be attacked by the lawful owners in the courts of justice in this country. Unless the British Government given implicit acknowledgment to Bolshevik confiscatory decrees, it is quite the evident that no doubt whatsoever can exist in the mind of the Court as to the legal ownership.
Until the Bolshevik Gouernment and its legislation are recognised in this country, no confiscation of property in Russie can be admitted as valid unless it has been affected in accordance with the old Russian law, which is the only one known at present to the courts. Therefore, any certificate of ownership which the Bolsheviks might isme," according to Clause & would be binding on the British Government, but illegal in the eyes of the law, as it is understood in this country.
COMPLICATIONS LIKELY.
more
But cases
Arise of complicated nature. Let na imagine sa industrial company owning property-in- Rava and registered under the old law of that' country. The shareholders MAY be foreigners. The Bolsheviks, having nationalised the company, become, accord- ing to their decrees, owners of all the shares. Under this fictitious pretext, they elect new board, which sends its representative to this country to claim the important sums standing to the company's credit in foreign banks This agent arrives. farnished with
A
duly executed certificate from the Soviet Government. This
This certificate is binding on the British Government, but it is doubtful whether the banks will pay out any moneys without taking the case into the Courts. There the payment will be naturally opposed by the old lawful shareholders, and it is difficult to see how the claim of the Bolshevik representative can be recognised.
This
ain, rests on the sapposition that the again, Government of this country has not given absolutely unambiguous recognition to all the confiscatory decrees of the Communists. The position may be summed up as follows: Clause 6, as it is drafted at present, means that it will be possible for the Bolsheviks to create new titles to the old titles contince to exist in the
property,
although
of the law. As two sets of titles to the same property cannot exist and be valid simultaneously, the Court will have choose between them. The confiscatory decrees of the Bolsheviks not being re- cognised fully, unambiguously and definitely it is to be expected that the old titles will be found in better order than the new ones. But according to clause. 8, the Government bound to recognise the new titles. This will bring it into direct conflict with the law, Surely an undignified and undesirable posi tion. And it must be remembered that there, will be not one or two auch cases, but handreds of them,
is
that
The position of trade with Soviet Russia is exactly the same as existed in China before it was regulated by European and Chinese jaricarenties. principles were found to be so widdly different special legislation had to be created in China by treaty to cope with the difficulty: It is the ams with the Boviets, and it is a mistake to imagine
that any treaty with them can become practic- able before, the principles of law and jurisprudence are clearly enunciated and brought to a common denominator. It is an incontrovertible principle of law that the Government cannot by execiting actions or by treaty with a foreign State enact or pot into force any regulation that is contrary to common or statate law. Evidence of the trath of this proposition can be found in Berural important recent cares, here the courts did not find it possible to uphold Governmental action, for example, in the test case of De Keyser's Hotel
it
TRISH IN NEW YORK.
UNION JACK INSULTED.
Battere
Irish-American sympathisers, determined that the British dag shall not decorate the portico of the Capitol Theatre in Broadway New York, one night last month sneaked up in the dark, pulled down the emblem, burned:
in the
and quickly made their escape before indignant crowd which gathered could punish
punish them This was the second British flag destroyed that week, but the manager of the Capitol Theatre was de termined that the Union Jack should stay. with the other Allied laga hang in calebration, of Armistice week. A new British emblem was draped in the place of the ouer destroyed Groupset, but this time it was wwP 10 LI American flag and anyode attempting to pall it down would be forced to treat the Stars and Stripés similarly. It was. not believed that any Sinn Feiner, possensad that much courage-Daily Telegraph.
THEATRE ROYAL, HONGKONG.
An Historical Theatrical Visit:~- Commencing Saturday, January 8th. The World's Greatest Magicians and Illusionista. Signor CHEFALO and Signorina PALERMO, The Only Lady Magician on the professions!" stage. These Great Artists with their complete Company and effects are concluding twelve years tour of the world and have been everywhero acknowledged as THE WORLD'S GREATEST AND MOST PERFECT MAGICIANS. "What you can't believe does happen: and though you don't believe it, you see it." These famous artists speak in English, Portuguese, Spanish, Italian and French. BOOK SEATS AT MOUTRIE'S. Prices only: $3 83 & $1.
Manager: DUNCAN NEVEN,
19771
Williams
J. B
Holder Top Shaving Stick
In hot climates, tender or ronghened skins can be shaved without irritation every day if Williams' Holder Top Shaving Stick is used.
The soft, rich, lasting lather imparts a velvety coolness to the face and makes shaving á pleasure.
Re-Loads for the Holder Top (a Williams feature) may be bought at less cost than the complete stick.
At all Chemists
and Bazars
WILLIAMS CO., Glastonbury. Conn., U. S. A.
Agents: MULLER AND PHIPPS (Asia) LIMITED,
Hongkong..
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Get rid of that lazy feeling and those threatening headach
by taking
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On Sale At All Chemists..
The ATT
British
Standard
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2 and 4-Seaters supplied.
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Des Your Boad, Hongkong,