12
CENTRAL
THEATREL
To-day to Tuesday
At 2.15, 5.10, 7.15 & 9.20 p.m.
ALL TALKING—ALL SINGING—ALL DANCING
a
Garamount
Picture
Glamorous! Dazzling! The Stage Sensation
** BU·LESQUE ** On the Talking
Screen.
Beautif. Girls: Ravishing Costumes! Catchy Songs! Gorgeous Scepes!
THE
in
Technico.or
DANCE OF LIFE
with
HAL SKELLY - NANCY CARROLL A Super-Production
at
Popular Prices.
Next Change, Wednesday, Sept, 10th.
You have seen and enjoy-d
RUTH
CHATTERTON
IN -
"CHARMING SINERS"
"
Now You will want to see her in "THE DOCTOR'S SECRET Another tense and intriguing drama of London Society with Thrills, Tears un Laughs! From Sir James M. Barrie's famous stage play "HALF AN HOUR "
Booking at Anderson's & The Theatre. Tel. 25720)
THE
The
TO DAY ONLY at 2 30,5 30, 7.20 & 9.20
p.m
Shirley Mason
WIFE'S RELATIONS
Gaston Glass
Ben Turpin
Famile, falls she mye eist vich keo you in enak huimone und drivin awar the blues
MAJESTIC
ANATHAN ROAD, “KOWLOON”“
Printed and Pablished for the Proprietors by FREDERICK PERCY -FRANKLIN, at. I' and 8. Wyndham Street, in the City of Victoria
Hongkong..
THE HONGKONG TELEGRAPH. WEDNESDAY, SEPTEMBER 3, 1930.
SECURITY FOR AN THREE MONTHS
APPEAL.
-SHIPPING.
OF "REDS" THREATEN
CHANGSHA.
NEW POINT RAISED IN | HONGKONG PORT STATISTICS
HONGKONG.
RUSSO-ASIATIC CASE FOR
PRIVY COUNCIL.
PERMISSION GIVEN.
ISSUED.
BRITAIN HEADS LIST.
Hongkong shipping returns for The second quarter of the present years, compiled by the Harbour Master's Department, have. now been issued.
JAPANESE LEAVING ON THURSDAY.
COMMUNIST MENACE GROWS
IN CENTRAL CHINA.
"
EYES ON HANKOW.
Hankow, Stpt. 2.
These show that the total ar
steamers, An interesting point regarding rivale of ocean-going security to be given by an appel-steam launches and junks for the
All Japanese residents resid- lant in an appeal to the Privy months of April, May and June Council which, Mr. Sheldon said, were 6,445 vessels, of an aggregate ing in the foreign settlement are withdrawing from Changsha had been raised for the first time tonnage of 5,191,363 tons, com- in the whole of the British rising 1.029 ocean-going steamers to Hankow by Japanese gunboats
tons), (3,756,488 Empire, formed the subject of steamers (1,076,940 tons), 869 on Thursday in view of the discussion in the Court of Appeal steam launches (27,509 tons) and intermittent Communist bom- bardment which commenced on this morning before the Acting 2,710 juaks (330,426 tons)* Chief Justice (Mr. J. R. Wood) and the Acting Puisne Judge (Mr. P. Jacks).
..
The matter arose out of an application by Mr. H. G. Sheldon, on behalf of the Shanghai cre- ditors of the Russo-Asiatic Bank, for leave to appeal to the Privy Council against the judgment given in the Full Court of Appeal recently, upholding a decision of Sir Henry Gollan, who found that London creditors were entitled to share in about $300,000 worth of assets in the Hongkong liquida-
tion.
Mr. C. C. Alabaster appeared for the Hongkong Liquidator and Mr. F. C. Jenkin was for the London creditors.
4
Right to Appeal.
1,238
river
Of the arrivals of ocean-going Monday. Gun fire can still be steamers, British vessels headed heard in the eastern outskirts the list with 598 vessels of 1,420, of Changsha, The Hunan 697 tons, the next highest being Military Governor, General Ho Japanese (349 of 931,314 tons) Chien, is adopting defensive and Chinese (239 of 108,151 tons) tactics, being content not
British vessels also came first in arrivals of river steamers, name.
assume an offensive against the ly, 943 of 953,753
tons, Chinese Communists. being 270 of 118,113 tons and For- tuguese 25 of 5,034 tons,
The departure total for all classes of vessels was 6,449 of 5,167,716 aggregate tons, made up of 1.629 ocean-going steamers of 3,731,032 tons, 1,245 river steamers of 1, 078.935 tons, 873 steam launches of 27,531 tons, and 2,702 junks of 1330,218 tons.
British ocean-going vessels head- the departure list with 598 of 1, 419,250 tons, Japanese being next with 349 of 912,503 tons, followed by 235 Chinese of 106,397 tons.
The departing river steamers were 948 British of 955,333 tons, 271 Chinese of 118,242 tons, and 26 Portuguese of 5,360 tons.
cerned. It is not security for, payment of costs at all.
to
Since Monday Changsha resi- dents have been considerably alarmed, anticipating a Communist, entry at any moment. The city gate is closed day and night, and all police and troops are maintain- ing great vigilance against a Communist outbreak from within similar to the last occasion when. the "Reda" captured Changsha,
Yesterday General Ho Chien commissioned aeroplanes to dis- tricts in the vicinity to bombard the Communists and hinder their advance. The planes report- ed that the Communists were 159
from the Hunan capital, con- sisting of an army of about 10,000.
men under the notorious leader-; ship of Chu and Mo.
Strong Defence.
AC the outset, Mr. Jenkin applied for leave to have the record amended. He stated that on the notice of motion, on the petition and on the supporting affidavit, it was stated that he re- presented the liquidator of the bank in Great Britain. That was not so as he had distinctly stated
Official Changsha messages previously that he was for the
Mr. Justice Wood:-In fact the claim that General Ho Chien is London creditors. It might be an immaterial mistake, but as the Court has to order two securities,crecting strong trenches, with matter was going before the Privy one for the prosecution of the barbed wire entanglements and fortifications .in places Council he wished to have every appeal and an additional sum for stone
10 miles from the payment of costs but so far as the some thing in order.
No objection was offered and the prosecution of the appeal is con-city proper and that with three record was amended accordingly.cerned the Court is limited to aeroplanes in his commission the Mr. Sheldon applied for leave to $5,000. So far, as costs are cn-Hunan Governor is confident of the cerned the Court has no limit. success of his army in defending appeal, reading a petition and an
In further argument the Inter- Changsha, The Hankow Govern- affidavit in support of it. He re- ferred to a rule which gave his pretation Ordinance came up for ment yesterday sent two client right of appeal in an discussion, in which it is laid down aeroplanes to Changsha to assist amount over $5,000 and asked for that the singular. and plural can the Huhan forces in the campaign interchanged, but it was agreed against the Communists. Some un- a time limit of six months.
Mr. Alabaster dealt with the that it could not apply as it was easiness is felt at Changsha con- empowered by Statute. Br.cerning the reliability of General question of security to be given by not
were merely Ho Chien, and strong rumours are! appeliant under a Rule which Jenkin stating they stated, "Leave to appeal under practice rules laid down for the prevailing that some troops are ex-
ceedingly doubt!!. Rule 2 shall only be granted by purpose of conducting appeals.
In reply to the Chief Justice, the Court in the first instance (a) upon condition of the appellant, Mr. Jenkin said to the best of his
"Red" Offensives.
more
Ten thousand Communist bandits:
within a period to be fixed by the knowledge there was no local pro under the notoricus Chu and Mo are
Court, but not exceeding three cedent. months from the date of hearing
His Lordship:-1
+
think
First Time Anywhere.
the assailing the government troops at of the application for leave to point has been taken for the first Liuyang, Pinghsiang and Liting.! and in the event of their being pre- appeal, entering into good and suf- time.
vented from entering Changsha the ficient security to the satisfaction.
Communist commanders are most; of the Court in a sum not exceed-
likely to capture Liling, making ing $5,000 for the due prosecu- Continuing, Mr. Jenkin asked, if a stand there with a view to creat- tion of the appeal and the pay- there was security for only ing further disturbances in Hunan ment of such costs as may become $5,000 and a number of respon and Hupeh in the not distant future. payable to the respondent in the dents, how would they decide in This band of Communists engag- event of the appellant's not obtain what proportion it should beed the Government troops in a bat- ing an order granting him final shared? If there were two restle near Hautzeahihi in Monday. A leave to appeal or of the appeal pondents, they would get $2,500 second band of Communists under being dismissed for non-prosecu each which was obviously never in- Pang Tak-wai, who looted Changsha tion, or of His Majesty in Council ordering the appellant to pay the respondent's costs of the appeal (as the case may be) ....
Full Amount Wanted.
tended.
Ho Chien Confident,
recently, encountering the Govern- In replying, Mr. Sheldon saldment troops at Yungantze, near that not only was it the first time Changsha, and General Ho Chien the point had been raised in Hong reports to the Nanking Government kong but it was the first. time it that his forces killed over two had ever been raised in any Court hundred bandits and wounded over Mr. Alabaster submitted that in the whole of the British Empire. 1,000 during fighting of the Inst the full amount of $5,000 should He submitted it was quite clear on two days. be put up as security for each the rule itself that the only juris- of the respondents, particularly diction given to the Court was to In view of the low exchange, At order the appellant to put up a total In his telegram, addressed to the moment $5,000 would not be security. not exceeding $5,000. Messrs, Tan Yen-kai and Wu Han- adequate, but it was a limit that There was no case where, in an min, General Ho Chien appears to was given by the rule. One such appeal to the Privy Council, the ap-be confident of success, although he amount would not pay all the costs pellant had been ordered to put up has mentioned that the Communists in the event of the appeal going more security than was laid down, are attacking him from two direc the full length, and the appellant no matter how many respondents tions. Hsiangtan, to the south of being unsuccessful.
Chansha, is expected to fall at any Counsel there were.
moment. The Communists intend to establish their headquarters here before launching a final at tack to take Changsha,
quoted a case in which he sought After commenting that the point to show that the guarantee was was not arguable. Afr. Sheldon for the purnose of paying costs quoted an authority where it was properly incurred by the respon- dents in the event of the annel-ordered that the deposit be divid-
ed among the reapondents. lant being unsuccessful.
When Mr. Justice Wood remark-
ed that he was doubtful whether
on
-Leave to Appeal Granted.
This second attempt on Changsha is part of a gigantic Communist plot to form a Soviel Government in Hunan, similar to the one formed at Hankow in 1927. If they cap- ture Changsha, the Communist com- manders state that they will invade
he could order security worth Mr. Justice Wood said that the more than $5.000 altogether. Mr. argument had been very interest were satisfied that Alabaster said there might be sing and they great number of respondents and the appellant had the right to apHankow and Wuchang, taking full urged that his Lordship could peal but that the rule in question order $5,000 security for each was not to be interpreted in any advantage of the outbreak of fighte sense as reducing the right. Oning between the Nationalist and respondent.
their reading of the rule they were Kuominchun forces along the Fek- Question of Limit. of opinion that it fixed the limiting-Hankow Railway when all the commissioned to defend the Hupeh- Mr. Jenkin supported the Hon. of $5,000. only, irrespective of the available Nanking troops will be Attorney General, saying he would number of respondents, and they Honan frontier.
would make an order accordingly. submit their Lordships could do so
The Communist directors are Their Lordships granted leave to the construction of Rule 4
ordered security for watching the war situation closely and Chinese observers are of itself, and because that Rule did appeal and not limit, the Court to its condi- 55,000 to be put up.
war con- tion and oust other terms which limit of six months, saying such Hunan and Hupeh will be over-run
Mr. Sheldon asked for a time the opinion that if the
tinues for another three months the justice of the case might imit was the practice, but this was by Communists who might spread require.
Counsel submitted it was clear objected to by both Mr. Jenkin and their influence to other provinces that on the rule itself it could be Alabaster, on the ground that the in Central China, possibly Anhui, construed as meaning that the record was small and such time Kiangel and Fukien. conditional $5,000 was merely for would not be required. Mr. Ala- the proper prosecution of the baster suggested three months and
A London paper includes the fol- appeal, leaving it to the Court also Mr. Jenkin said that six weeks
lowing, which la of interest to to order security to be given for would be nearer the mark. the payment of such costs as His Lordship said he understood Hongkong people, in a list of forth- might be found payable.
from Mr. Sheldon that the prac-coming divorce cases: Mrs. Ger- Mr. Justice Wood:-You sug- tice of the Court was to grant a trude Ivy Heughan, of Kensington gest that this Rule places no limit limit of six months and as nothing Park-road, W. (at present in In- on the Court at all? A had been produced to the contrary dia); v. Mr. W. Heughan, operatic Mr., Jenkin-Only so far as the they would grant a six months singer, and "Miss Gladys, Clarke'
his pianist. prosecution of the appeal is con- time limit.
ALL BAD BOYS WITH THE GIRLS
Solomon
Don Juan Casanova Henry VIII Louis XV
But amateurs, indeed, compared with WARNER BAXTER In Elinor Glyn's"," -first movietone melodrama.
AT TUL
presented by WILLIAM FOX
SUCH MEN ARE DANGEROUS
the ultra-sophisticated story of a dangerous man and a woman who know
how to handle him.
with
CATHERINE DALE OWEN
HEDDA HOPPER · · ALBERT CONT
FOX NEWSREEL
GRAFZE PELIN revisits U.S A.. Maestro SOUSA leads band of 3,500. SIAMESE pugilists in combat CARS CRASH IN 500 MILE AUTO RACE
Final Showings To-day
QUEEN'S At 2.30. 5.10. 7.15 and 9.20.
AT THE
THE CHINese dramA
The CHANGING AGE"
(Interpreter at all Performances)
WORLD
Final Showings To-day
AT THE
STAR
QUEEN'S.
#1 2.30, 5.15 7.15 § 9.20 -
RESURRECTION
with
DOLORES DEL RIO:
ROD LAROCQUE Tolstoy's immortal drama.
Final Showings To-Day At 5.30 9.20.
EXT CHANGE
THE RETURN OF THE MASTERPIECE BROADWAY
MELODY
ALL TALKING-DANCING-SINGING