PAGE
6. HONGKONG DAILY PRESS
aggression and protect to the full her sovereignty and ter-
NEW ADVERTISEMENTS ritory. She will uphold and
Reduction
EDITORIAL:
RULING FOR
TUESDAY, NOVEMBER 14, 1939.
APPEAL CASE HEARING
defend all the international Of Garrisons DEFENDANTS NO SCINTILLA OF ARGUMENT FOR PROPOSITION THAT CHINA
agreements to which she is a HONG KONG SOCIETY FOR party, especially the Nine
THE PROTECTION OF
CHILDREN
The Annual Meeting of the Hong Kong Society for the Pro tection of Children will be held in the Helena May Institute on Monday, December 11th at 5.30
p.m.
The Meeting is open to all persons interested in the work of the Society.
ANN, CROZIER. Hon. General Secretary,
822
NOTICE is hereby given that VICTOR ALEXANDRE VIEIRA RIBEIRO of No. 16 Carnarvon Road, Kowloon, Hong. kong, is applying to the Gover.
nor for naturalization, and that any person who knows any reason why naturalization should not be granted should send in a written and signed statement of the facts to the Colonial Secretary.
Power Pact, the League Covenant and the Kellog- Briand Pact. She will not ad- here to any
"anti-Com- Her
munist" combinations. foreign policy will be indepen- dent and based on her nation- al Interests alone, and, like her international policy, will have one unchangeable object -the achievement of freedom and an equal place among the nations.
In North
IN CEMENT BAGS' CASE
Hla
Assu-
HAD LOST SOVEREIGNTY OVER SHANTUNG PROVINCE, DECLARES K.C.
Continued from Fage 1.
that the
CHINA COMMAND
COMMUNIQUE Hearing of the summons brought by the Green Island Cement Cam- Withdrawal of certain Bri- pany against Jolop and Co., Marina tish troops from North China House, and Utoomal and and the retention there of doomal Co., Dina House, for in- only such a number as may fringement of the Green Island be required to protect British Cement trade mark, neared con- pose. and property and to
that in.. view maintain clusion at the Kowloon Court yes ·
of As an analogy, he said that the impossible the existence of the Sino-Jap- Chungking Court could not arro-should continue to live here like Company order is announced in a pressterday when Mr. Q. A. A. Macfadanese hostilities the Company, gate of itself the power to deal a lopped-off branch, communique issued by the yen made a ruling in favour of the by carrying on business, would with a company in Hongkong, and Headquarters of the China defendant firms
either involve itself in a breach of to all practical purposes Shantung occupation;
Examining the point of military Command.
the laws of China relating to was just as much
counsel said Worship ruled that the
that cement in question was not bagged trading with the enemy or render jurisdiction of Chungking.
out of the there was not a scintilla of argu- in Green Island Cement bags for
its ships open to seizure by hostile
ment for the proposition that forces. and
Chungking's order, said after reading the
Mr. China had lost her sovereignty judgment of the
Chief Justice,
D'Almada, was & nullity, with due over Shantung Province. He dis- Mr. Sheldon said that his drst regard to international faw and puted that strongly as a propost- and most substantial point argued)
municipal law,
tion in international law or the in the Court below was the order
Replying for the respondents, Japanese forces were in occups- law of any civilised country. The of the Chungking Court should, Mr. Potter said the aguments ad-tion, but had any new government not be followed.
vanced by the appellants showed been recognised by His Majesty Mr. Sheldon
one of the most referred
extraordinary INTERNAL AFFAIR
affidavit filed on behalf of ap known in a court of law. In the in effect being asked by the ap-
the King, asked counsel. change-overs that had ever been communicated this decision to the
The Court, said Mr. Potter, was evidence, Mr. Macfadyen pellants by Mr. Matsumoto. a
JUST AS THE HISTORICAL who also maintain garrisons in godown being temporarily baggeded that the Hongkong office of the This was entirely accepted, said |
various other foreign Governments said, pointed to the cement in the Japanese lawyer of Dairen who Court below, the case depended pellants to decided that, a
was present in Court, which stat-on the point that the Chungking JUSTICE and correctness of North China under the 1901 Fro- in the Green Island Cement bags Company had not ceased to carry
Court had complete Jurisdiction.
In accordance with the Interna- tonal Protocol of 1901 the British con-Government has maintained cer- tain military forces in North China. Owing to reasons of military convenience arising from the war
IT IS NO ACCIDENT that the Generalissimo linked this re-affirmation of the course which is the chief source of China's strength and fidence in victory-the course that represents the applica- tion, under the conditions of today, of the Three People's Principles of Dr. Sun Yat-sen with a searching analysis of contradictions
the
internal
Which are rending the body
politie of Japan.
China's stand are reflected in her increasing political con- solidation and mounting suc- cesses in every field of nation- 821 al endeavour, so the bank- ruptcy of the Japanese mil- itarists and of their whole continental adventure 13 vividly characterised by the grotesque efforts being made to create in the occupied ter- ritories not only a new" "Gov- ernment" but also a new Kuomintang." While the
UNION INSURANCE SOCIETY OF CANTON, LIMITED.
NOTICE TO SHAREHOLDERS.
in Europe, His Majesty's Govern- ment has now decided to retain there only such troops as may be
required to protect British property and to maintain order, and has
tocol.
L
The 1901 Protocol in no way refers to Shanghal and His Majesty's Government has de- cided that no withdrawal of the British troops from Shang- hai is made necessary at pre- cent by military requirements arising out of the conflict in Еигоре.
British troops, will, therefore, be retained there to carry out their present responsibilities.
JAPANESE VIEW
TOKYO, Nov. 13 (Reuter)- Chinese people, defending Notice of the withdrawal of Bri- NOTIC-E IS. HEREBY their homes and their inde- tish troops was given in the form GIVEN that 8.12 INTERIM pendence, are truly building of a Note which the British Am- DIVIDEND OF 12s. 6d. a new life, the "construction bassador. Sir Robert Craigie. (Twelve Shillings and Six Pence) CT the New Order in East Handed to the Foreign Minister. Asia" is an affair of obscene | Admiral Nomura, in the course of
an interview.
of
and the
per Share on account of the year backstairs Intrigues, treason, 1939, has been declared pay-bribery, gangsterism, inter- able oa WEDNESDAY, 15th national" blackmail, NOVEMBER, 1939, On and wholesale,, robbery after which date Dividend War. population of the occupied rants may be obtained on applica. territories." tion at the Society's Registered Office, Union Bullding, Hong Kong,
Japanese quarters welcome the British decision which they allege falls in line with the Japanese September 6 asking the belligerent Government's representation un
Powers to "eliminate all possible causes of untoward events between them and Japan in China."
It is not known here how many British troops would be with-
any purpose of trade, though the bags bearing the Green Island mark were in the legal possession of the Utoomal and
Assudocmal
Co., through their agents, Jolop and Co., since the assignment could be drawn on by the latter.
The
for the purpose of being stored and until such time as proper bags, to replace the broken bags which originally had held the cement, had been obtained. Such rebagging. Mr. Macfadyen said, could be con- sidered purely an internal company
affair.
The hearing was adjourned to Thursday afternoon when the plaintiffs. represented by Mr. O. E. C. Marton, will have an opportunity to present arguments in reply to this ruling.
1
UNIDENTIFIED PLANE OVER CALCUTTA
CALCUTTA. Nov. 13 (Reu- ter)--Calcutta received its first air-raid alarm of the war On Sunday afternoon due to the appearance of an identified place over a hibited area some 20 miles south of the city.
****
pro-
FROM THE VERY FIRST DAY of the war in the Far East, the rights and wrongs of NOTICE IS HEREBY ALSO fectly clear. But here, as in the situation have been per-
drawn. Semi-official Japanese CORRESPONDENCE GIVEN that the SHARE the rest of the world, the quarters estimate that there are
TRANSFER
Society will be CLOSED FROM SATURDAY, 4th NOVEMBER, to TUESDAY, 14th NOVEM BER, 1939, Both Days inclusive,
By Order of the Board,
at present about 1,000 British
BOOKS of the Powers which had the means troops in North China.
and the obligation by treaty to halt the march of aggres- sion were not only slow in DEPARTURES FROM doing so but, while condemn- ing Japan in a multitude of notes, gave her much actual assistance. Today, when the issues are thrown into even
A. W. HUGHES,
General Manager. Hong Kong, 4th October, 1939.
757
The Daily Press.
報西剌子
Editorial and
Business Office: 15-19, Queen's Road Central, Tel 30251.
Night Editor (Wanchal Office).
Tel. 24511.
London Omice: 53 Fleet Street
E.CA
HONGKONG, NOVEMBER 14, 1939
FAR EASTERN ARENA
ON NOVEMBER 12, the birth- day of Dr. Sun Yat-sen, the Sixth Plenary Session of the Central Executive Com-
HONGKONG
The following passengers left Hongkong on Sunday:
Mr. L E. Blair, Payr. Cdr. B. F. more vivid relief by the out- Colson. Mr. M. T. Coode, Mr. C. break of war in Europe, this A. Flannigan Mr. Richard Haw- tendency continues. British
kins, Mr. E. D. Shearn, Mr. and concessions to Japan have not Jaafar, Mr. L. K. Singh, Rev. Fran- Mrs. Oua Janter. Mr. Yahaya ceased and the new American; c's Mc Manamon, Mrs. J. E. Man- neutrality law places a freshning. Gnr. Mohamed Yaqub, Onr. trump into the hands of Mohd. Afsar. Mohd. Niaz, Share Tokyo.
Mohamed
The following were also among TION of the fatal gulf be- the passengers who left the Colony |tween protestations and facts yesterday:-
THE LATEST MANIFESTA-
CHARITY DINNER
DANCE
[To the Editor, "Hongkong
Daily Press"]
to 'an
on business. that the agency had; been taken over by the D.K.K
counsel
con-
quest had been made,
"THE ONLY LAW”. The law of China having creat- "All I asked the learned Chief only law to terminate the exist- ed this Company, that law is the Justice to find and which he, inence of the Company: that or the ORDER NUGATORY Counsel also said he argued in Court had terminated the exist-recognised by His Majesty the fact, did, was that the Chungking aw of any de facto government the original proceedings that the ence of the Company. How can order of the Chungking Court was any Court in Hongkong 'say that
King." nugatory. as Chefoo
was under any Court in China has not wound feet; it was only part of the act. Military occupation had no ef- Japanese occupation.
and asked
up the Company? what the position of a British
of hostilities. The civil rights of "We never asked that the Hong-the inhabitants remained intact had been proved that that order the court and that the Chung- court would be if it followed an kong Court should follow: erder of a foreign court after it Chungking order. We asked that the invader became the possessor and could only be changed when
was ineffective.
by conquest. king court, being a court of com- Proceeding. Mr, Sheldon argued petent jurisdiction. had wound up that from the point of view of in- the Company. ternational law, an order by the District Court of Chungking was not an order of a court of com- petent jurisdiction.
fi
.."
the
erritory in China was still C
Mr. Potter said that occupied
nese territory and not Japanese ONLY RECOGNISED COURTS
territory, and any decision to the Mr. Potter, proceeding, asked contrary in the circumstances whether the sovereignty of China would have e cataclysmic effect One of the grounds of the ap court was being asked, he stated,
had been ousted from Chefoo. The on international law. peal. said Mr. Sheldon, was that to do something which no court of winding-up of companies in Counser also, said that in cases the Company was established at had ever done except where there times of war, two principles were Chefco and an application for its was a new government duly er- always applied. dissolution should have come un-cognised by His Majesty the King. der the district courts there and Until that took place, the courts not at Chungking.
It could be asked what was the of the Republe of China were the law to be applied. The answer "The order" he said, "was made only recognised courts, so far as was the law of the government of against a Chinese company situat British Courts contemplation was the country. Which was the gov ed in territory occupied by Japan, concerned. and I submit that in a case where the territory is occupied by a hos-Chungking Court could not be en-to the Secretary of Foreign Af
Mr. Potter said the order of the doubt, application could be made.
WHAT LAW?
ernment of the country? When in
le power the courts wielding forced in Chefoo because it was fairs, and before his decision that Jurisdiction over persons or things under military occupation, but the a "new in that occupied territory are the order was not nugatory in China operates in the territory the old de facto government courts of the conqueror and not or anywhere where the Company law of the sovereign state still
courts of the dispossessed had property. If a Company was operated. sovereign state."
the
ABSOLUTE AUTHORITY Several citations from author- ties were then made by counsel showing that, on occupying terri-! tory, an Invader at once invested himself with absolute authority: that he could deal freely with theį inhabitants and that the jurisdic- tion of the civil authorities was suspended and that the vanquish– į ed sovereign had no power over that territory.
said Mr. Sheldon, it could not be If these views were accepted. argued that the Supreme Court China still retained unfettered jurisdiction as
It had purported to do in the present case.
Mr. Sheldon submitted that the
Company had not ceased to carry on
business but had not been.
put an end to by the laws of the Hearing will be resumed today" country which created it, it was at 10 am,
JAPANESE DRIVE TO WEST
BEATEN BACK: CHINESE
SUCCESSES IN NE
HUPEH
SHASI, Nov. 13 (Central)-Repeated westward Japan- ese drives from Tsienkiang, 95 miles above Hankow, on the south bank of the Han River, during the week-end, have been beaten back by effective guerilla ambushes. →
On the Hankow-Ichang highway Chinese "sappers have thoroughly destroyed a section of the road near Luklangai and a large number of bridges, making the thoroughfare difficult to negotiate.
-
west of
Dear Sir.-Chinese Youth's Medical Relief Association is spon soring
a Charity Dinner and Dance at the Rose Room of the Peninsula Hotel on November 29, 1939. The entire proceeds will be used for war relief work. This association has, ever since the out break of the Sino-Japanese con- flict, been organizing many Medt cal Units consisting of qualified doctors and nurses who give their unstinted service to relieve the distress and suffering of wounded is the proposed withdrawal of Mr. and Mrs. Ernst Albin Brandt. soldiers and refugees in the war-
areas. a large part of the British Mr. and Mrs. John Rudolph Cattle.n
May We appeal troops stationed in Shanghai, Mr. Erms Ciffen, Mr. J. B. Gubbay. through your esteemed paper to
Hsukiangai and Klukeng- Hard-pressed by repeated Chinese Tientsin and Peiping. Nation- Mr. C. N. King, Mrs. Florence Lang-
Mr. C. S. Gubbay. Mrs. Lucy Hall, the generous support of the public active owing to a severe typhoon, Shan, two strategic points be- assaults, the bulk of the Japanese alist China, entitled to re-worthy. Mr. H. Ninnim, Miss Emily
to make the function a success.
which made it impossible for its tween the highway and the at Slangning, South sent the reflection on her Norah Price. Mr. and Mrs. Charles attractive programme of enter
Besides dinner and dancing, an six ships in Hongkong to leave, Han River, saw considerable Puhalen," has been withdrawn. sovereignty implied in
the David Reich, Lt-CoL and Mrs. tatnment featuring various gifted ing by the Company in occupied in which the Japanese suffer the Japanese at Yungtal and Feng- It was also subenitted that trad- Aghting in the last few days Meanwhile, in south-west. Shansi. presence of these forces, never Thomas Willam Richardson, Miss and talented members of Echieved their removal. It and Mstr. C. G. Richardson. Miss younger set is arranged for the or international law. Mr, Sheldon ualties.
the territory was not illegal in English ed the larger number of cas- instu have commenced east- takes place today, only under Martha L. Sherman, Mr. William patrona" benefit. Versatile Mr. said that it was not contemplated the pressure of ruthless Stewart, Mr. and Mrs. C. E. Van
WAR VICTIMS aggression no less lawless and Sickle, Mr. and Mrs. X. Selby, Mr. tantalizing tunes followed by an Company would be considered, as trai)-Following a lull, fighting. on general lull prevailed on the
Tong win crbon a few by an English Court that the
FENGCHENG, Nov. 13 (Central) reprehensible, if much less Oliver William Wolters and Mr. exhibition "of the latest American in some form, an allen enemy of the Hungtung-Tunlin highway in
North Kiangsi front during the successful, than Hitler's. It Wilfrid Wooding...
craze, the Jitterbuga By popular the Chinese Government. is hard to forget, when we are
request. Mr. Hugh Chen will do a
South-East Bhang has been re-week-end, as the Japanese connned" told that the new move is Chinese Mohammedan
NO JURISDICTION
their activities in removing their fast and furious Tap Number"
sumed, as some 100 Japanese at
dead and wounded soldiers from dictated solely by the exigen-
The Harmony Trio, Misses B. C. times the territory was
Counsel said that åt all material Kuhsten, covered by an artillery
the immediate war zone. cles of the situation in Eu-.
under barrage, launched an attack on Good Will Mission
Ma, Dora Chow and P. C. Ma will Japanese occupation and Chinese the Chinese positions at Chucheng-
On Nov. 10, more than twenty to the Japanese demands.
render a few rope, that it conforms exactly
current favourite forces had no jurisdiction therein chen last Friday.
truck-loads of wounded men, nam- Chinese
Mohammedan songs. But the outstanding item at all, and submitted that when Good-will Mission to the South of the evening will be a Tango the territory
They encountered stiff Chinese bering over 3,800, were moved from THE GENERALISSIMO'S Seas; organized by the Chinese Tap, arranged by Mr. Hugh Chere
reverted to the resistance and sustained heavy Fenghain to Anyi from where they. sovereignty of China, anyw wrongs, casualties.
were sent to Nanchang by way of Later. with the arrival of rein-
Changkungtu,
By the Nanchang-Kluklang Rall
The
next week,
*
The mission was on Bunday en-.
Herbert
Is assured..
that
SITUATION IN SHANST HINGTBI, SHENBI, Nov. 13. (Cen-
ward drive.
mittee of the Kuomintang SPEECH. before the Sixth Mohammedan National Salvation with such local beauties as the it they could be called wrongs, } opened in Chungking. Con Plenary Session served, notice Association, which arrived here Misses Bella Ma. Elsie Law, Mary done by Chinese subjects could be forcements and the support of voked at a time when the on the world that Free Ching from Chungking last month, will | Chan, Lily Chan, Pansy Woo, Dora punished under the laws of China. planes they attacked with greater way, 500 Japanese wounded sol- flames of the Second World still lives and ights. It leave for the South Sea countries Chow and Joan Ma. War, first ignited in Man- pointed out in detail the op-
Mr. Sheldon said that the true ferocity. The Chinese were forced diers arrived in Klukiang, on Nov. Tickets at $7 each, including view in British law was that a to withdraw to a new defence line. 10 from Yangalu. churia in 1931, threaten to portunism, unwisdom and im-tertained at a send-off party given dinner, are obtainable st the Chinese trading in a Japanese oc On the Wensi sector in South
South-east of Nanchang, repeat- engulf the entire earth, this morality of third Power con- by the Hongkong Chinese Moham Hongkong and Peninsula Hotels cupied port was not doing any Shanal, the Chinese opened an ed "test" attacks by the Japanese meeting of China's governing
cessions to the aggressor. medan Fraternity, the Chinese Aside from assisting a worthy thing illegal. party is full of significance. "Finally, it'
offensive on the Japanese at Yen- were driven back by the Chinese made it clear Mohammedan Youth Association cause, an evening's entertainment
Mr. Sheldon submitted that China, with her po- and the Chinese Islam Institute.
changchen last Thursday night earlier last week. Chinese law was ruled out in the They hurled a number of incen- NORTHERN CHEKIANG THE FIRST TASK of the pulation of one Afth of According to Mr. Ma Tien-ying.
Very truly yours,
territory by the fact of occupa diary missiles at the Japanese Conference. was, naturally, to mankind, is ready to co- the leader, the party will visit.
KINHWA, Nov. 13 (Central)--- define Chinese policy in the operate, as before, with any other South Sea countries to collect
Chinese Youtha Asën, tion. The occupant, he said, clear defences, starting several fires. Fighting has been in progress Johore, Ceylon, Java, Sumatra arid
ly could not be bound to accept FIGHTING IN PROGRESS circumstances
north-east of Bangchow, in Nor- of the new combination defending with-funds and medical supplies for the
the point that a sovereign state Many Japanese reinforcements thern Cheklang, in the past few world-wide conflagration. This out compromise the treaty Chinese wounded soldiers and civi-
outside ita territory hall jurisdic- were brought in from Halansten | days. was done by Generalissimo position in the Far East, just lans. It will return to China after
tion over people and organs under in the south, and fighting is re- Some 500 Japanese at Kashing. Chiang Kai-shek who made it as she is determined not to six months.
its control,
ported to be still in progress. on the Shanghai-Hangchow Rall- clear that both the tasks yield a lot of her sovereignty
Mr. D'Almada argued that power that stand before the country or become party to any "new.
to legislate and the jurisdiction of of Puhalen, in West shansi, Shaner-launched an attack on the Chinese Two important towns south-east way near the Klangsu border. The V. A. D. has accepted the
a court depended entirely on ter- and Tiaokow, were recaptured positions at Fuyuan, in the south- and the methods adopted for order," Japanese or inter-offer of Viscount Wakefield's house their solution remain essen-national, that will alter this at Hythe, Kent, for use as
ritorial occupation of, and the by the Chinese as a result of a west, last Wednesday. Following principle of effectiveness to carry vigorous attack last Friday. The a day-long battle, the Japanese tially unchanged. As before, position without regard to her casualty clearing station for the
out, such decrees and Judgments Japanese retreated towards Puh- were repulsed with many casual- China is determined to resist interests or consent,
people, of the district.
as might be made..
NO DOUBT
Despite numerous "Hongkong headlines, our correspondent from Glasga' reports that all is quiet in the Lowlanda.“
But of the fact that Hitler has his eye on the Low Countries there
can be no doubt..
14
J
sien.
ties.