Tuesday:
HONGKONG TELEGRAPH
DONALD DUCK
July 4, 1939.. By Walt Disney
WALT DISNEYO
DANIEL CRAWFORD
(OLD MATURED) WHISKY
$5.20 •per bottle
LANE, CRAWFORD, LTD.
WINDING-UP PETITION-RADIO-
Order Against Ching Kee
Steam
Navigation
The Hongkeng branch of the Ching Keo Steam Navigation Co., Ltd., was ordered to be wound up by the Chlef Justice, Sir Atholl MacGregor at the Supreme Court yesterday, following a petition to this effect by the Shlang Kee, otherwise known as the China Merchants Steam Navigation Co., Ltd., one of the shareholders.
It was disclosed during the proceedings that the Company had six ships at present lying in the waters of the Colony, and that the head office had already been ordered to be wound up. by the Chungking District Court.
The petition was opposed by shareholders holding 50,000 shares, and the Datren Kisen Kaisha, a Japanese concern and one of the creditors.
"The petitioners are shareholders The petitioners were represented by Mr. Eldon Patter, R.C., and Mr in the Company, holding 1,500 shares 1. C. Maenummern, instructed by Mr. of $50 each, fully paid up. On their D. L. Strelictt, of Geo, K. Hall petition an order was made by the of Chungking on Brutton and Co. Mr ILG. Sheldon, District Court KC, and the Hon. Mr. Leo D'Almada, February 21, 1930, that the Company Jur. Instructed by Mr. H. J. Arm bo wound up and that Jun-ke Chor: strong of Deacons, opposed the Ting Z, Chang and Yuen-wu Wong, relition on behalf of the following be appointed liquidatora. The Dis- shareholders: Hsu Chin-tang (4,394 trict Court at Chungking is a Court shares), Hau Teh-yen (3,754), Cheng of competent jurisdiction Tel-chun (2,502), Kao Yung-tong the winding up of the Company, the (2,014), K&D Cheng-chang (1584), sald Court having derived special
that purpose Weh-ting (1,420), Yu Wei-fan Jurisdiction for (1,000), Li Yu-hslung (70), Cheng February 20, 1939. Pen-ching (0,377), Cheng Chung-yu (0,170). Chang Chi-yu Chang Pen-tah (5,429), Chang Hsin-
(5,023).
teh (4,830), Chang Ming-teh (4,500);
аге
$47,157.32. All Dairen.
An enemy.
of them
in
Ceased Business "The Company is
to Indebted
censed to carry on business in the
are
of
up.
either
Co.
ZBW, 355 metres (RAS KC) and 3149 metres (9,520 kilo-cycles) :
Bach Concert Including Concerto in C Major
"IL TROVATORE,” ACT IV
Radlo Programme Broadcast by Z. B. W. an a Frequency of 045 k.c's. and on Short Wave from 1-2.15 p.m. on 8.32 m.c's. per p.m. given possession of the vessels, they und 8-11 would only be used for commercial second. purposes and legitimate trade on the const of China.
Japanese
observed
tion (Rogers); Broadway Melody of 1938 Film Selection; Curly Top- Film Selection.
1.15 Reuter and Rugby Press, Weather. Forecast and Announce- Iments.
1.30 Orchestral.
1812 Overture (Tchaikovsky) The Philharmonie Orchestra, Berlin, with the Ural Cossack's Choir con ducted by "Alexander Kitschin; Ber- ceuse (Sibelius); King Christian Sulto Musette (Sibelius)....Royal Opera John's Hose Orchestra, Stockholm: King
H. K T. 12.00-12.20 p.m. Relay of Service
St. of Intereession from Cathedral.
because of these reasons. Besides,
that if companies in England were of which were in Hongkong and the allowed to trade with enemy coun- remainder trading somewhere in the tries they would also have returned North of China. a favourable balance.
sumoto hed stated that
these ships
2.16 Close Down. 6.00 Bach Concert.
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R.A. CHARITY CONCERT
TO BE HELD IN THE
CHINA FLEET CLUB
Christian Sulle Elegle (Sibellus); Absurd Suggtatlon
12.30 Sam Browne (Bartlone) and Berceuse (Kajanus)....Royal Opera This suggestion, Mr. Potter ob- the Casani Club Orchestra.
House Orchestra, Stockholm; Norwe- served, was absurd because most of Easter Morning-Fox-Trot: Wanglan Dance In D Major (Grieg, Op. the places along the coast of Chinn derera Fox-Trot......Casant Club 35)....Gustave Clocz and The Phil- were already in Japonere hands and Orchestra; My Shadow's Where My harmonic Orchestra of Paris; Slavonic therefore it was tantamount to trad- Sweetheart Used To Be (da and Dance No. 1 in C Major (Dvorak); Ing with an enemy country, The Carr): I'm Sittin' High On A Hill Slavonic Danco No. 2 in E Minor Court should treat the laws of Chinaron (alen Thanks a million')....Sam (Dvorak)...Czech Philharmonic Or-
Orchestra chestra cond, by Vaciny Tulich. as English laws, the object of which Browne (Baritone) with was to restrain the activities of its and the Rhythm Sisters; Crying My nationals on behalf of an enemy Heart Out For You-Fox-Trot country. The facts disclosed in Mr. Casoni Club Orchestra; The Star And
Partita In B Flat...Harold Samuel Matsumoto's atidavit were that the The Rose (Young and Schwartz); D.K.K., having been appointed agents
(Lunceford and Chaplin)....Sara Offering"...Italian Trio (Poltro- by the head office of the Ching Kec, Rhythm in My Nursery Rhymes (Plano); Trio From The Musical were entitled to assume control of Brown (Baritone) with The Rhythm nierl-Violin; Bonucci Cello; Co- the ships lying in Hongkong.
Sisters and Orchestra; The Feller sella-Plano); Prelude And Fugue If this were true the position
because the That Played The Planner-Comedy No. 1 in C Major; Preludo And would be remarkable,
The Music Cohen (Plano); Musette .....Pablo D.K.K, being a Japanese concern, Waltz; Life Begins When You're In Fugue No. 2 in C Minor....Harriet Club Or- Casais (Cello) with Plano accomp. of u Chinese company, said Mr. Goes Round')....Casani
by Nicholni Mednikoff: Polonalse wero being asked to become agents Love Fox-Trot (film Potter. Such an act was legal in chestra. to order
1.00 Local Time Signal and Wea-And Badinerie (from Suite No. 2 In B Minor)....Marcel Moyse (Flute) view of the fact that a state of war
1.03 Reginald Dixon at the Organ. with Plano accomp. by Georges True; existed between the two countries, ther Report and in the absence of any evidence
Naughty Mariella-Flim Selection Concerto In C Major...Artur Schna- this Court should to the contrary, presume that the English law was (Herbert); Mississippi-Film Selec- bel and Karl Ulrich Schnabel (Two Pianos) and The London Symphony exactly the same as the Chinese low.
Orchestra cond. by Adrian Boalt.
7.00 Closing Local Stock Quoia- Other Activities
7.02 Verdi's "Il Trovatore" Act IV. and the Dalren Kishen Kaisba, who various persons in Hongkong. It has It was also stated in the amdavit) the majority of the shareholderations.
Singers in order of appearance: creditors to the amount of Colony and enn only carry on bust that, apart from the ships in Hong-were not in favour of such a step.
kong, the Company had 14 others.
As regards the grounds that the Bianca Scaccioli; Francesco Merli; purpose of three of which were being run in ness In China for the
Molinari and Giuseppina was ab- Zinetti with Chorus of La Scala Milan At the outset, Mr. Potter said that winding up its affairs. Furthermore, the ordinary course of business and ships were liable to be seized, Mr. Enrico
of Sino- in view of the existence
For and Milan Symphony Orchestra. been solutely novel and nugatory.
and concerns. It had
Yehudi Menuhin (Violin) us Mr. T. F. Lo, who acted az ex-Japanese hostilities for the Company the remaining it being chartered to Sheldon said the position pert on Chinese law for the peti- to carry on business would
prudence, the High Court of a coun- Ignar Friedman (Planó). tioners, hed fled an
only affidavit, be involve it in a breach of the laws of suggested that the suspension of the the first time in the history of juris-
Company in Hongkong, was
Mazurka, Op. 40, No. 2 (Chopin) would put him in the witness-box for China with regard to trading with an temporary and would be resumed as try had made an order which in
..Ignaz Friedman (Piano); Romance cross-examination by Mr. Sheldon.
In A Major, Op. 94, No. 2 (Schumann, In answer is Mr. Sheldon, Mr. Lo enemy or result in the seizure of its soon as business conditions justified fact was entirely nugatory.
What had happened was this: the arr. Kreisler)....Yehudi Menuhin ald Article 107, Section 1 of the is by hostile forces. In the cir- cumstances It is just and equitable
"During the past year, the affidavit Ching Kee Company was a Chinese (Violin) with Piano accomp. by which he Chinese Criminal Code, had translated, provided the death that the Company should be wound went on, the business was carried on company, the owners of 20 ships, aix Ferguson Webster; invitation To The
Potter profitably. Mr.
(Weber-Op. 03).....Ignaz penalty or penal servitude for lifeThere is danger to the assets,
Dance for transferring inerchant vessels to principally the said steamships of the
Friedman (Finne); Legende, Op. 17 (Wienianski)... Yehudi Menuhinunter Under Chinese law
(Violin) and Orchestre Des Concerts "conspiring with an enemy country Company now lying in the waters of
The grounds of opposition, accordo All- these ships, according to Mr. Colonne-cond-by-Georges. Enesco---
the fying referred to "supplying monies andongkong uniess-a-winding-up order
were still is made and liquidators are appointed
Matsumoto,
8,00 Local Time Signal, Weather the properties." This was not necessarily by this Court"
ing to the affidavit, were that If the Chinese Blog, and these were
Report and Announcements. ware made the
High The grounds for the petiton, said winding up order limited to supplying such thing
8.03 Band Music. directly to an enemy Stale but in- Mr. Potter, were:
Company would be prevented from only assets over which the
Amparito Roca (Texidor); Beils Of cluded supplying to an individual or That the Company hed already making any profits and also that the Court of Chungking had any juris- diction. On February 21, 1939, the
.....Cullender's corporate body of enemy status been wound up by an order of com- excessive cost involved in the wind-Court in Chungking ordered that the St. Malo (Himmer)
wound up. Nothing Senior Bind; Songs Of Scotland (arr. which could directly or indirectly petent jurisdiction in the country of ing up was entirely unjustined.
Buhoit) ...The Regimental Band of benent the enemy country. In the ita incorporation and consequently It In answer to Mr, Matsumoto's Company be
to see how it could! nfdavit, Mr. June-ke Choy had fled happened as to that and Mr. Mot H. M. Grenadier Guards cond. by! present case, the chartering of ships was dificult to Japan was covered by the section function in Hongkong under these a statement in which he pointed out were at trading. This proved that
Mr. Lo said he could not agree circumstances; that the word "kok” (country) men- The Company had, in fact, ceased appointment of the D.K.K. as agents the order was entirely ineffective
A commentary during the third: tloned in the Section was confined to do business in Hongkong, the had been produced, and that when and it would therefore be an abuse
Lord's Cricket Ground, London. only to naval, military or govern- Chinese employees having departed the China Merchants Company hired of natural justice if this Court were day's play by W. Say to trem ment forces.
Recording "The Euch information was given.
8.30 B.B.C. Mr. Sheldon: I put it to you that and not having done anything for the Sheng Lee as a hulk in Hong-to grant an order following that.
many months; and:
Mr. T. K. King, Shipping Manager
Vicar's Garden-Party!” it does not apply to private in- It was just and equitable to wind.
When the ense was resumed in the
A Sketel by Stanley West. 8.43 Folk Dances. dividuals or private property such as up the Company because the whole of the China Merchants, had also merchant ships?-The terms
in one of the papers, are substratum had gone, it being im- filed an affidavit, saying that he went afternoon, Mr. Poller drew attention
Scandinavian Dances; (a) Vorso- general, like supplying monies and possible under existing circumstances to the Ching Kee's premises in Wing to an error properties. It does not specify for it to carry on in conformity with Lok Street in April lest and found which stated that the petition was vienne; (b) Feder Mikkel; (c) Malle- eller the State or an individual, but the laws of the country in which it nobody there. Subsequent inquiries for the winding up of the China Mer brok; (d) Lot Is Dead...Folk Dance
dlaclosest that its accounts with chants Steam Navigation Co.
Orchestra cond, by Victor Olof B. Q. M. 8. DICKS If anything Indirectly benests an was incorporared-
as incorporare produced copies of various banks had been closed since was entirely the opposite rested in Kirkby Malzeard Sword Dance (arr. 3. H. LAWRENCE, Jr. enemy State it is covered by the
January last, and at no time was any Polter added that those interested in Sharp); The Flamborough Sword AL LORENZO & TOBY GREY the order made section.
by the District
rending Opening the case. Mr. Potter sald Court of Chungking, and pointed out mention made of the D.K.K. having the China Merchants, after
been appointed agents.
that statement, would not maturally Dance arr. Sharp)....B.B.C. Wire- the Ching Kee
PEANUT ROACH Company
Me. King also stated was in-that there had been an.appeal which,
that since be at all pleased with his arguments, less Military Band cond, by B. Walton THE HARMONY THREE
O'Donnell. dismissed by limited ability however, was corporated
D. 9. M. BMEE August, 1938, I had been impossible.
9.00 Concert Waltzes. under the laws of Chinn in April, Supreme Court of China on the pro- to trade between ports, for the ships His Lordship replied that he was
The Swallow Wallz; The Broken 1020. The head office was in Chefoo, cedure and merits of the case.
were able to seizure by the not such an ardent student of the but at all material times there had Quoting authorities to support the Japanese. In other words, a ship local Press, but if an incorrect state String....Russian Novelty Orchestra; been a branch office in Hongkong- rounds he had put forward, Mr-dying the Chinese National floff, if it ment had been made he bought Mr. Rosenkavaller Waltzes (R. Strauss) Potter said that the law that he was wished to trade, could only do so Potter had done enough to dispel...Bruno Walter conducting the
Berlin Philharmonie Orchestra. anking to applied in this case had with the consent of the Japanese the idea,
9.15 London Relay-The 'News. existed for generations. The position naval authorities.
Continuing his arguments, Mr.
9.30
London Relay-Food for would be the same if it concerned a
Sheldon quoted authorities to show Thought'. Acts Prohibited Japanese company with its head ofcc
that just because a company had ་ ་ “༈ ..
Short talks on matters of topical Mr. Potter then referred to the been ordered to bo wound up in a interest. Japanese Affidavit
affidavit of Mr. Lo and sald that no foreign country, ft did not follow of
9.45 London Beloy-Sports News with his necessity, os a matter of mw, that and Market Noles, one could fail to agres In the present case, an appeal oninion on Chinese law. In the the branch offico in England" of 9.50.. New Dance Programme. against an order made by the Dla oninion of Mr. Lp, the relations be- Hongkong should be wound
Quickstep-My Blue Heaven; Slow "Since the outbreak of hostilities trict Court of Chungking had been tween the Ching Keo Company and well: There was no authority, he Fox-Trot Just One More Chance,. between China and Japan in 1937, dismissed, and this in itself was a the D.K.K. could, in a wider senga, said, that he knew of, which showed.
Josephine Bradley and Her Ball- the business of the Company short and effective ground for In- he construed as an infringement of that a contract made between a Ja
room Orchestra: Fox-Trots-Maybe Hongkong has practically rented and voking the jurisdiction of this the law and that the acts of the panese and a Chinese in Hongkong It's The Spring: Watching The Stars -the said six vessels have remalard Court.
Company and the attempts thereat was entirely illegal.
(flm Splinters in the Air)........Am- In Hongkong.
Referring to the affidavit filed by were both prohibited. ...-
His Lordaliip: Are you putting brose and His Orchestra; Pasodoble "Since the middle of January this Mr. B. Matsumoto, attorney for the Counsel concluded by submitting forward that the branch of this com-Della Espanola, Tango--La Corco- year the officers of the Company D.K.K. and the Ching Kee Company, that in the absence of any evidence pany is a citizen of Hongkong? *** Jada.....Orquesta Tipien Roberto formerly in charge of the business Mr. Potter said he would take ob to the contrary, and on the grounds Mr. Sheldon: No, but a cluizen of in Hongkong have ceased to control lectlon to any portion of the state which he had set oui,
the law in China. However, I do submit thai Firpo; Fox-Trols We Speak Of You ila affairs, nor have they, so far as ment which dealt with law. Mr. China
Mind the petitioners are able to ascertain, Matsumo, he said,
.Harry Roy and His Orches- as regards trading with an a contract made between a citizen of often; I Can't Get You Out Of My Wis only a attended at the oflees in Hongkong counsellor in the Marine Court of my was the same as in England, China and a Japanese for the char
bor You SmUng; Fox Trot The 7.10 or opened any other place of business. Dairen and this was not sufficient to and therefore the Court had juristering of steamships in Hongkong istra: Waltz L1 Shalf Always Remem
"Towards the beginning of the unify him as an expert in Chinese diction to deder the winding up of not illegal.
His Lordship: I don't understand To Dreamland...Hugo Rignold and month of February, 1939, the Dairen Inw. Kishen Kaisha, 'n' Japanese concern Mr. Matsumoto, in his affidavit, Replying for the opponents, Mr. the relevance of this. All the evi- His Orchestra; Fox-Trot Red Wing with a branch office
In Hongkong. suggested that the Emergency Ap- Sheldon said the allegation that the dence I have is that the Honging...Freddie Schnickelfritz Fishet
bird Hop; Fox-Trot-The claimed to have received authority peal Law of China prohibiting the Company had ceased to carry on branch is non-existent. I havo beard and is Band; Quickstep The Black- from the Company to take possessión transfer of arms and other war businem was answered by Mr. Mat-nothing of it having accepted the
chestra. of and control the movements of the materials to enemy countries did not sumolo in lila ndavit in which he contract. C« men'. p 1 Stroll...Jack Harris and His Or said ships and, as representatives of anoly to ordinary trading with stated that the suspension was only
that agents, with 1M 510 17.30: the Company, applied to the Harbour private concerns. The D.K.K, were temporary. It had been sald Master for clearances in respect. of prepared in oblair. an undertaking the typhoon of September, 1937, and the Mao Lee and An Lec. As a re- from the Jananese Consul General in the hostiles, were responsible for office?--Yes,
And your submission is that the sull of certain proceedings before the Hongkong that the ships would not the closing up of the business. But Court, clearance of the
sald two be seized by the Japanese Govern- surely, Counsel contended, the Com- D.K.K, as agents of the head office,
PLEASE Turn To Page 2 shilps was ordered to be stopped. ment, and that if the D.K.K. were pany should not be wound up just
with
Text of Pellion
Counsel then read out the petition, which stated in part:
"The Company owns 20 steamships of which six-ihe Sheng Lee, Mao in Tokyo. Lee, An Lee, Feng Lee, Eng Lée and Hain Lee are now, and have been for about 18 months, lying in the -waters of this Colony,
the
•
that
icong,
the no document concerning
the Company.
Error Corrected
This
up hs
Capt. George Miller. ford v. Cambridge
8.16 London Relay-Cricket--Ox-
Palala
THEATRE
ON THE
7th and 8th JULY, 1939
ARTISTS
CPL. PEASEGOOD GASTON D'AQUINO COLLEEN NG QUINN.
·LITTLE BETTY LEE ERIK NELSON SCT. WINSPEAR
A DANCE BAND FROM THE 2ND. BN. THE ROYAL SCOTS (THE ROYAL RECT.) BY KIND.PER- MISSION OF LT. COL. D.1.-MacDOUGALL, M.C. AND OFFICERS.
In aid of the dependants of the late
Sgt. (Farrier) GRAY, Prices of Admission:-$3.00, 2.00 & 1.00
Seats may be booked at
THE PENINSULA HOTEL SCT (A.C.) TUPPER. Tol, 34121 Ex. 144
Everyone Cordially Invited
'WATER PUMPTM SALES
WATER PUMP REPAIRS
WATER PUMP MAINTENANCE
Mr. Sheldon: The D.K.K. are the house London Relay-The Indian EMPIRE SALES COMPANY Is Lordship: Agents of the head
Police,
TELEPHONE 31201 — M B. KING,
HAPPY VALLEY.
The Day's Work in the Punjab Talks by Serving Officers, Introduced General. by E. W. Wace, Deputy Inspector 33 WONG NEI CHUNG ROAD
11.00 Close Down,