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JAPANESE CONTENTION NOT ACCEPTABLE.
WEDNESDAY, AUGUST 29, 1928.
FOREIGN EMBASSIES AND LEGATIONS.
DIPLOMATIC IMMUNITY OF
STAFFS."
the
JOCKEY CLUB LOSES.
MR. EDGAR WALLACE WINS. TEST CASE.
Judgment for Mr. Edgar Wal- Ince, the novelist, playwright, A student regarding diplomatic immunity which is en- and racehorse owner, was given joyed by the official stalls of in the Chancery Division by Mr. foreign Embassies and Legations Justice Clauson in the friendly was made in the House of Commons test action brought against him recently by Mr. Locker-Lampson, by the Jockey Club. the Under Secretary for Foreign Affairs,
The action had boon brought to test whether or not the engage- That privilege, as was shown by ment to pay forfeiture fees when recent case, applies when a horse had been entered for a liabilities for services and goods are cortain race and did not run could incurred, and the Under Secretary bo enforced at law or was a gam- was questiones recently, regarding and wagering contract, ing the manner in which the list The plaintiffs, representing the of persons who enjoyed that im-Jockey Club, were Lord Ellesmere, munity was revised.
the Senior Steward; Lord Wolver- ton, Major Sir Leonard Brassey, and Sir Samuel Edward Scott, the trustees of the Club; and Messrs. Weatherby and Sons. They asked for a declaration against Mr. Edgar Wallace that he was liable
Shanghal, Aug. 28
tho The Chinese reply to Japanese Note of July 31 welcomes the statement that Japan is willing and prepared to negotiate a new Chinese and Japanese com- mercial treaty and recalls the old treaty negelinted more than thirty years ago. It says that during these years the conditions of tho country have so radically changed that the terms of the treaty are no longer suitably.
Japan's contention, based on Article 26, that the treaty la auto matically extended another decade if na revision is effected within
Mr. Locker-Lampson, replying to six months following the date of Mr. Hore-Belisha (L. Devonport); oxpiration, is not acceptable to the said: The list of persons regarded Nationalist Government, whose
by his Majesty's Government as Interpretation of the said Article entitled to, diplomatic immunity is that should demand for re- was last reprinted and circulated vision be submitted by either party in the usual official quarters in within the six months period and June, 1920. negotiations be started regarding Names are constantly being added its revision, then the treaty is no to it and taken from it, in accord- longer enforceable.
unce with information received The reply, concludes by saying | from the foreign diplomatic repre- that since the Japanese Goyern-sentatives, and such changes are ment has already expressed its Invariably communicated to the new authorities among whom the print- readiness to negotiate treaty, the Nationalist Governmented list is circulated. moat anxiously, and sincerely. expecta the Japanese Government
I do not think that the composi- to immediately appoint a delegate so that the negotiations can begin tion of the list, which is of con- for a new, equal and reciprocal siderable length, containing na it treaty to replace the obsolete one, does the names not only of persons thus enhancing the friendly re-employed on the official stails of lations that have been happily sub- the foreign embassies and legations,
of persons aisting between China and Japan, domestle services of the various
Reuter.
heads of missions, is of sufficient general interest to warrant Its cir- culation with the "Official Report," especially as the corrected lists can always be seen at the offices of the Sheriffs of the City and County of
R
RUSSIAN'S DEATH.
but
SENSATIONAL RUMOURS AT London.
HARBIN
Peiping, Aug. 28.
also
Careful Watch
in the
Moreover, the Foreign Secretary will shortly be communicating with the foreign representatives; as t periodically the practice, with a M. Lassevitch, the Soviet Vice-view to the correction of the in President of the Chinese Eastern formation, contained in the list.
at Harbin on In the preparation and revision Railway, died August 28, it is officially stated. of the list the question of the from quinsy; but many sensational categories of persons properly ac- claim as entitled to rumours are being clreulated at ceptable Harbin, one being that he committ- dijilomatic privilege will continue ed suicide by shooting and another to be carefully watched. that Lassevitch slapped a Chinese officer under provocation, where upon the latter, shot him.
Mr. Hore-Belisha-Raw exactly is this list compiled? Is any name Hubmitted by the Ambassador of Minister of a
THE
FUNNEL
BLUE
to pay, in accordance with the LONDON rules of racing, 84 in respect of forfeits..
Mr. Wallace entered his horse, Master Michael, for two races at the Spring Meeting at Newmarket this year, but did not run him in either race,
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SARPEDON"
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In his dofeneo Mr. Wallace, who declined to pay the forfelts, raised the important point that, if there were a contract, It was by way of gaming or wagering within the NEW YORK SERVICE. provisions of the Gaming Act and.
The Risk. was vold and unenforceable.
Mr. Justice Clauson said he had come to the conclusion that the essential element of gaming was present, It appeared to him that this was a contract under which Mr. Wallace risked his outrance fee to take a prize, and the Jockey Club risked the added money to gain the entrance fee.
Mr. Justice Clauson said that he was not free by reason of the eighteen of the Gaming Act of authorities to construc section 1846 as making these contracts "I hald therefore," he added, enforceable in the Courts.
Arc con- "that these contracts
of wagering and gaming, each party seeking some- tracts by way thing on the issue of an uncertain event.
"This action seeks to enforce foreign Power contracts by way of wagering and Lassevitel is believed to have
automatically put on the list, gaming which are null and void, been under detention for some whether that person be a chef or and it must consequently fail.” time by the Chinese authorities in
a clerk or whether be occupies any connexion with the cutting of the other position in a foreign Embassy | → Chinese Eastern Railway by Monor Ministry? gols.
be happy to consider what action, Mr. Locker-Lampson-There is if any, I can take concerning it f am furnished with a full state- The Chinese authorities deport-nothing automatic about it. Cer ed thirty Soviet citizens to Soviet tain lists are sent by foreigu re-ment of the facts.
presentatives in this country, and Mr. Hore-Belisha-Is the Minis territory on Sunday,Renter.
they are carefully scrutinised, and only the names of persons are put on that we are satisfied ought to be there.
WHOLE CITY SICK.
ATHENS IN THROES OF DENGUE FEVER.
Undischarged Liabilities, Sir. F. Hall (C. Dulwich) acked
ter taking any steps to revise the procedure whereby representatives of foreign Powers and their ser vants obtain immunity?
Mr. Locker-Lampson-Owing to a certain decision in the Courts the
other day, we are looking into the
whole circumstances.
whether the attention of the Under Secretary had been called to a re-
A Conservative Member-Is not cent case in which a member of the normal procedure that in the Geneva, Aug. 28.
foreign legation accredited to event of any member of the staff After an exchange of telegrams England incurred heavy bills for of an Embassy incurring debts and with the Public health authori-ursing, medical attendance, food, leaving. that Embassy usually ties in Greece in regard to the out-drugs, and other necessaries, and makes itself responsible for pay break of dengue fever at Athens, subsequently left the country withment as a matter of internationa);
of District Doctor M. D. Mackenzie ut discharging any his courtesy? of the League of Nations health liabilities; and whether, in cases
Mr. Locker-Lampson-I will not section has been placed at the dis-of this kind, the notice of the Gov- go so far as to say that, but I think posal of the Greek Government and crament concerned was drawn to that the Embassy makes helf is leaving for Athens to-night. the advantage taken by its repre- largely responsible.
The Greek Health Service reported that almost the entire population of Athens and Piraeus were affect. ed with the disease,-Reuter.
sentative of the privileges of diplomatic immunity.
Mr. Locker-Lampson-I have no knowledge of the case, but I shall
Sir F. Hall-Does he recognise that this is a case of one of the modern representatives? There was no reply.
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