1
RETURNING TO NORMAL.
GRADUAL REORGANISATION IN CANTON.
IMPROVING THE RAILWAY SERVICE
a memorial
THE HONG KONG DAILY PRESS, THURSDAY,
CORRESPONDENCE.
Á CHINESE POINT OF VIEW.
Merchants in Shinkwan are ap- pealing to Canton for more troops to, suppress the "Reds," who are setting up a reign of terror. It appears that the "Reds" are con centrating in that district under the TO THE EDITOR OF THE "HONG KONG leadership of General Chen Chia
DAILY PRESS."']
Yu, a Hunanese mercenary formerly in the service of the Kuomintang.
"Preventive Barvice Corps ** Disbanded.
THE ILLEGAL
GUILD CASE.
APPEAL AGAINST RECENT SUMMARY COURT
FINDING.
YESTERDAY'S ARGUMENT DEFORE FULL COURT.
SIB,-The mix-up between "Han- kow," "Nunking" and "Fengtien" does not portend peace, but à triangular civil war and a prolong- and disastrous struggle between
The question of the legality of a the Reds" and "Anti Reds" for loent Quild was argued in a Full supremacy in China. Although the Court of Appeal at the Supreme the Russiau Soviet Court yesterday, before the acting Government has been exposed to Chief Justice (Mr. Justice J. R. the world by the timely Peking Wood) and the acting Puisne Judge Exposure, the result of Russian (Mr. P. Jacks). Bolshevik propaganda has been so
The appeal concerned the recent
MAY
5th, 1927.
man in whose name it was register- ad would be in the happy position of putting money from the property into his own pocket. The only re- straint would be the physical re- straint of irate members, which might lend to a breach of the peace. He mentinued these facts because he wished to impress on their Lord- ships that they should be chary in finding the Guild was illegal, if it could fairly be said it was not illegal.
Continuing, Mr. Potter said that the arguments he was going to put forward were perhaps not entirely fresh, but he would put them in s different way, and as a result he the Court below should be reversed. would submit that the judgment of
Rule No. Six No Unlawful Their Lorships would remember
The Preventive Service Corps of [FROM OUR CHINESE CORRESPONDENT.]the Ministry of Finance, organized by Mr. T. V. Soong when he was in Mr. là Ta Chuo, a late member odice, was disbanded last week by of the Kuomintang Executive Com-special order of the Extraordinary perfidy of
Commission of the Kuomintang. mittee who WRB one of the 20 The Corps, nearly 3,000 strong, was "Reds" executed by the Military practically the same as the Atrike Authorities at Peking, will not be pickets corps which enforced the anti-British boycott. The Corps given the honour of
was given its present title when its penetrating and pernicious, that action heard in the Summary Court that when he applied for leave to service in Canton as some of his members refused to be dissolved at
before Mr. Justice Wood in connee-appeal he intimated the coursa comrades have just suggested. Mr. the end of the boycott. They have
tion with the Kwong Yee Tong of his points as to the separability Guild (Masons' Guild) and was Li, considered one of the foremost shown pro."Red" inclinations, and
against the decision then made by the pro-Chiang militarists disarmed Communists in the Southern
Mr. Justice Wood when he hold Capital for a time, was taken into them last week.
that the Guild was an illegal one.
It will be recalled that in the custody Reveral weeks ago at the Soviet Embassy during a raid mado
Summary Court six Chinese, on behalf of themselves and others interested, sued another Chiness for Bew. as being money due in
to
ront out Bolshevist plotters against the Chinese Government.
Canton women are beginning to agitate for the total abolition of
licensed houses. The whole system was extended last year by that
Mt. Li for a time played a lead-rent-idealist Sun To the intro. ing part in Canton politics, being meraber of a number of com- mittees of the Kuomintang in Canton.
allowing the holders to solicit in the streets and in hotels upon pay- ment of a regular teo to the Government.
notwithstanding the drastic action taken by Marshal Chang Tao Lin against the Reds" in Peking, dangerous "Communities" of "Reds" are still active in the North and Central provinces, and particularly in South China, where they are beginning to obtain a footing again. The danger in South China is being intensified by the recent arrival of thousands of the untrain
of Hule No. Six from the other, and also reserved to himself to argue that Hale was not unlawful as meaning a restraint of trade.
Since that day he had consider ed the matter very carefully, and as a result of that consideration he was bound to submit that in fact Rule No. Six was not un-
lawful and did not meain a restraint of trade. He would submit that it was a perfectly lawful rule, and if their Lordships nould say any
submit that the worst they could say was that it was unenforcible, and did not affect the rest of the rules.
duced the pocket license systeemed and undisciplined soldiery of subscriptions under the rules. Mr. thing against hini at all, he would Kwangsi, who are in reality robbers F. H. Loseby represented the Guild, and pirates. They brought ruin and the defence was conducted by and destruction to the peaceful Mr. D. McCallum,
Mr. McCallum at that time Mr. Potter added ho would pro- Cantonese during Loong Chi Kwong
argued that tertain rules were duce authority on the question, and Mok Wing Sun's time, and illegal, and could not be separated which he would urge was in favour surely Kwangtung must not be made from the rest and that therefore the of the rule. to endure the agonizing sufferings Guild was illegal, and his Lordship
had no jurisdiction. of a second invasion,
NEW OFFICIALS.
The situation in Canton must be
Notwithstanding the postpone. ment of the Paa-Pacific Labour Conference, which was to have been held in Canton on May 1st, several Mr. Tang Shiu Yam, the newly Japanese delegates put in an ap-appointed Superintendent of Cau pearance. They arrived only to find ton Customs, formally assumed
ሰ፡ Monday, Mr. Taug carefully watched by all who are that the other delegates had de uffice parted. The Japanese visitors were a graduate of Illinois Univer- interested in the welfare and pros
in the shown around the city and entersity,
department of perity of South China. tained by the principal labour Economies, and took post graduate If General Chiang Kai Shek and unions in Cantón.
work at Columbia and Harvard. his followers expect to succeed, The Kuomintang Bureau of Rele was formerly Commissioner of they must fearlessly declare them construction in Canton, a depart-the-Municipal Bureau of Finance,selves and disassociate themselves --ment in charge of public roads and and latterly head of the Wine, and from the late Dr. Sun Yat Son's Pro-Russian policy of "Three other forms of communication in Tobacco Tax Collection Bureau,
Mr. Chen Yin Too, who has been Peoples Principles" and "World Kwangtung Province, is to be re- organized in all its personnel. The "ppointed acting Commissioner of Revolution," and ignore his
Dealing with the rule in ques tion, Mr. Potter continued to speak His Lordship found that rule No. of the word "illegal," which he # was illegal. This rule is to the said suggested something criminal, effect that contracts should not be of which, however, there was no taken on by members of the Guild such thing in the case under con- or completed in the event of a die-sideration, It was an ambiguous pute with the persons for whom the word, and they must be very care- masons were contracting, until such ful how they used it. When the dispute was, settled. His Lordship word was used in such connec. held that the rule was illegal on tions as the present case, it usually the grounds of restraint of trade, meant that they were nothing more and could not be separated from then covenants which the law would
He held that the Guild the rest. was therefore illegal and be gave judgment for the defendant.
Mr. Eldon Potter, K.C., instruct so-ed by Mr. F. II. Loseby, appeared yesterday for the appellants and That if it was, it could be separated from the rest of the rules, and that therefore the Guild was lawful.
sented, but attended in person.
The respondent was not repre-
not enforce.
old staff, appointed by Mr. Sua Fo the Department of Reconstruction, called "Political Will," which is argued that the rule was not illegal it not to do so. He added ho,was
L
also assumed office on Monday. Mr.nothing more than "Bolshevism when Commissioner, resigned-upon
Chen is returned student, under a clunk, the assumption of office of the new Commissioner, Mr. Chen Yao Tso,raduate in Civil Engineering of He has re- Inst Monday. Many members of the Columbia University
cently been in charge of the Bureau staff did not wait for the appear-
of Highways. ance of Mr. Chen before they de parted, fearing possible arrest by
anti-Red" agents.
Mr. Charles S. Mok, who was, formerly in Hong Kong, has been appointed Special Revenue Collec. tor for the Port of Swatow by the Caston Ministry of Finance.
of
THE NEW SLOGANS.
of the
In contending that the rule did not mean a restraint of trade, Mr Potter continued that any body of men could refuse to work for any particular person if they thought not asking their Lordships to show any shade of judicial sanction for what had occurred in the Colony during the period of the last two or three years, such as strikes, he cause they had occurred under cir cumstances which would deny resulted in breaches of contract which were punishable.
BO Bane man
What China needs to-day are popular, honest and conscientious men, able and resolute leaders, and
Lawful Under 1911 Ordinance. men with a reputation for honesty
Mr. Potter said there were one or and integrity like the Cantonese two minor facts which had really General Chan Kwing Ming, and emerged from the evidence itself,
Right To Withhold Labour. which he would like to mention. others living now in retirement.
As the basis of his argument, The first was that the Guild bad The following is a translation of The present Canton Authorities been in existence for forty years, bowever, he did say by the law. the series of slogans issued by the
are unfit to cope with the threaten. and was registered under the Or of England any number of men could agree together not to work Propaganda Committee
Mr. Justice Wood interposed that for any person, and that applied Kwangtung Provincial Special Kuo-ing danger, and unless such mendinance of 1011. mintang, which publishers are re- are found to take control of the was one of the points on which he to every man who was in a posi- quired to print daily in the Chinese situation, I am afraid we shall was doubtful, as there had been tion to sell his work, whether.he be a mason or a barrister. If, newspapers for the information of the people:
never have peace and good order some re-constitution:
Mr. Potter replied he did not however, the members of any trade in South China. And, without 1. Down with the Chinese Co-peace and good order in South know anything about that, and he liked to join together and said they munist Party, which is treacherous China, Hong Kong. will never be was only going on his Lordship's would not work for an individual, notes. He understood that the old and added to that agreement cer- to our late Director, Dr. Sun Yat able to regain its former position funds were still in the possession of tain provisions that unless they car- ried out such decision they would Sen.
be liable to a penalty, or forfeit certain benefits, which would other. wise be theirs under the agreement, then they had an illegal restraint of rade, and aft walil then:
Continuing with regard to the building owner and the contractor, Mr. Potter said that during his 18 years' experience in Hong Kong be had not had brought to his notice He was instructed that the rules a single case in which the build- ing owner was placed at the mercy only came into force in 1924. seemed to him difficult to contend of an unreasonable or malicious-
Now officials appointed in Canton at the beginning of May included General Isu Ching Tang, Commis- Bioner of Military Affairs for Kwangtung; Mr. Lee Szo Yuan,
2. Down with the Chinese Com- Treasurer
the to
Ministry
munist Party which is against the Finance; Mr. Tang Shiu Yin, Super-Han Min Chu I (Three People's intendent of Canton Customs; Mr. Principles). Chu Chia Eua, Acting Commis 3. Down with the Chinese Com sioner of Civil Affairs; and Mr. munist Party which is destroying
the People's Revolution. Chon Yan Tao, Commissioner of Reconstruction.
4. Down with the Chinese Com munist Party which is undoing the work of the Northern Expedition,
5. Down with the Chinee: Com-
unist Party which is utilizing bandits and labour usurpers to op- press the Peasants and Labourers.
ary.
10. All power and authority long to the Kuomintang.
the Guild.
and prosperity.
Let us hope that the powers friendly to China are alert and is so, watchful, and that they will not
Mr. Justice Wood: I think that Mr. Potter said that the point make the fatal mistake of backing ho wished to make was that the the wrong horse, when the critical Quild had been in existence for moment for action arrives.-Yours forty years, and was in fact recog truly,
nised as a perfectly lawful Society under the Ordinance of 1911, which their Lordships knew had been re- pealed,
May 3rd, 1927,
PAX.
TOO EAGER DOG CATCHERS.
to Sure however, eagerness
It
The state of railway traffic in Canton and vicinity is improving thus indicating that the "Red"
that the Guild could not be car-contractor. That was his own ex- enntrol of railway workmen on
ried on in a perfectly lawful and perience. The building owner, by sections far out from Canton City aunist Party which is insulting and
6 Down with the Chinese Com- [TO THE EDITOR OF THE "HONG KONG
proper manner, if they eliminated virture of the provisions of his DAILY PRESS."}
rule six or any of the other rules, contract, had provisions and "enal. proper is diminishing from day to disgracing our late Director, Dr.
unless the Court found that it was tien to protect him. If the Court- day. When Mr. Sun Fo was in Sun.
Down with the Chinese Com B12,-In view of the danger from founded for any object which was would study building owners, there was no necessity for them to waste ebarge of the railways in Kwang-munist Party which is plotting the dogbites one can understand that unlawful.
The case involved points of very sympathy upon them, because they tung, he appointed his fellow com- downfall and destruction of the the necessity of rounding up with- rades to important posts on the Kuomintang.
out delay any unmuzzled or stray great interest to the public, to were protected in every sense of the 8. To be against
Three dog has been impressed upon lawyers, and the members of the the word.
Also there was other labour out- different lines. Upon the inaugura People's Princples is to
Guild themselves. be a Chinese dog catchers.
There was at Mr. Justice Wood remarked that side that Guild. tion of the campaign. to oust all Counter Revolutionary, "Reds" from Canton, many rail. 3. To he against the Kuomin- carry out their duties should not in the defendant's evidence he had least one other Child, and there way workers succeeded in making lang is to be a Counter-Revolution lead them to snatch up an obvious found that he had said he was might be thousands of masons in issued with a membership card on the Colony, who were not members pet-dog which runs out of a good their escape, finding their
Mr. Justice Wood remarked he be-house,, carry it away in their cage September 12th, 1991, and added of any Guild.
"I was a member of the old one." way to Shiukwan by means of the
11, All true and loyal comrades rolling stock still in their hands.
fo-constitution, and it Potter should say there were plenty the Kuomintang must unite and it ran out from as to whether it that was of They also prevented chase by rise.
was owned by anyone residing was on that date, be thought, when of masons.
Mr. Potter replied he was trying the Canton trouble arose. damaging tracks and locomotives. 12. Down with all Counter-Re-
Mr. Potter replied there must to keep it as fair as he could.
Mr. Justice wood added he was Since the dismissal of some of Mr.volutionaries...
This actually happened this week have been some change. The point 13. Down with all Opportunistä. Sun's former associatea from the 14. Concentrate the powers of at a European house in Hong Kong, he had made with regard to that only anxious that Mr. Potter should The dog in question, standing about service,, new officials have restored the Kuomintang.
mere fact that it was registered Continuing, Mr. Potter anid ho part of the lines. The. Yueh-Han 15. Down with all forms of Im-eight inches bigh, almost incapable was a very small one, because the not put bis point too high.
perialism.
of biting anyone, and in perfect under the Ordinance did not pre- would submit that a judge could Bervice from Canton now goes as
not put such a construction on the. rule in question, unless the object some passing vehicle. It ran out illegal now. far as Pakonghau; "and Canton
was to force the other side to come 17. Eradicate all corrupt ociale, from the front door, down the steps
to terma If without reasonable Kowloon trains from Canton are
greedy gentries, and unscrupulous and into the road. It did not even pasa Cheungimutao. merchants.
cause, the Guild did prevent the etray. The next moment it was now able to
Mr. Potter went on to say that building owner from completing his "Reds" are altogether out of the
18 Be on guard against those caught up by passing dog catchers,
pushed into the cage and taken the Guild possessed considerable building, if it improperly inducou Canton-Samshui Line. Tolegraph who lean toward the Right Wing
property, and if the judgment of men to break their contracts or not to contract with the building donnection between Canton and 19. To call a Strike against the away.
Kuomintang is Counter-Revolution- There are occasions when engor. the court below was upheld, an
ness exceeds what is required by interesting point would arise, as to owner, with any improper motive Shiukwao has also been restored.
90. Those who refuse to come duty, and this seems to be a case what was to happen to the pro- at the back of their minds, then perty. No member could sue for an they were liable to action in law, Mr. Lin Won Kai, newly-designat- under the direction and guidance of in point.
account of the property if the because they had committed were attempts ed Mayor of Canton City, is form the Kuomintang are not Revolu
t Kennedy Town, without stopping His Lordship said that showed did not think it right that Mr. to make an inquiry at the house
there.
10. Down with the Fengtien hesith, barked, as dogs will, at vent their Lordships from finding it clique of Militarists.
STY
When
mado
What Would Happen To The Property.
ng how municipal commission.. tionaries.
21. The masses of the people through the authorities to recover Guild was illegal. They would be breach of the law. As soon as he is ready to announce must rise and olean up the Counter the dog, it was learned that on Powerless.
arrival at Kennedy Town, it had
B
the appointment of his statt in the Revolutionary Chinese Communist holbed with fright as soon as the result in law 'would be that the question was not to that effoot, and
23. The masses of the people page had been opened, and has not must rise and support the Chinese been seen again. Yours faithfully,
INDIGNANT. | Kuomintang.
Executive Department of the City Party, Government, he will formally as same sharge of the city's affairs.
He submitted that the rule in It seemed to him that the only
therefore could not be illegal.
Argument was continued until names of the people with whom tifin time, and when it was con- property would be vested in the it was registered, and that would cluded, their Lordships reserved be a most lamentable result. The
judgment.
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