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BORIS KARLOFF in
Tuesday,
HONGKONG TELEGRAPH
January 14, 1941.
EVACUATION TEST CASE AT SUPREME COURT
FROM PAGE ONE
board the steamer Tjiijalengka for Amoy, no she was not allowed to book for Hongkong, but could only pass through as a transit prasenger.
no
Jensuring the defence of the Colony, radical, such a gross, such a whole- was abandoned a fortnight before sale, taking away of the rights of Uie Mrs Blair's return to Hongkong. We people, of so fundamental a right us have the extraordinary position of no Mrs Blair's right, in this case, to, be effort being made to get rid of the in Hongkong. In none of these cases remaining women and children still was there anything approaching such
infringement. The in Hongitong, and still Mrs Blair is an
regulations not allowed to return to her home. under that act (1014 net) were such Mr d'Almada read a passage trom to affect various circumstance Opposition To Landing Mr. Smith's affidavit dealing with Under our regulations (the She sailed from Manila on Novem- various subterfuges used by women Entry Restrictions Regulations) no ber 19 and knew nothing of the to return to the Colony such as by person can disembark here unless he regulations published that date in purporting to be transit passengers has a passport and has first obtained Hongkong. She was in possession of on steamers to Hongkong.
under "such a passport a written a British passport. On arrival in The purpose of the Regulations, endorsement
д competent Hongkong, she was, refused permis-stated Mr Smith in his affidavit, was authority to enter the colony."- sion to land, but was ultimately to put a stop to the practice of British Caso continuing. allowed to do so and was taken to women and children entoring the the Immigration Omee, where she was told she would have to leave Hongkong on November 24.
However, her husband succeeded In getting her permission to stay in the providing until November. 30 on a bond, which he signed under protest. Mrs Blair did not
she received n
Colony without a permit or commit- ting a breach of their permit to stay In the Colony for a certain period. The avowed object of the Regulations was to
to keep out British women who otherwise
inight have attempted to return to the Colony after the evacua tion order, and British women sub- ject to evacuation, who were out of at Ume the evacuation
sail on November 30,
On December
in which the latter stated that she hind contravened the regulations by her failure to leave. Enquiries were being made regarding ship accommo- dation and the date of departure and the Pailce had instructions, under the Regulations, to take her into custody shortly before the ship sailed and to see her on board. The letter ended by asking Mrs Blair not to regard it as a mere threat, but to give it her
letter from the Colonial Secretary, the Colony
serious attention.
Did not intend to Leave Messrs Hastings and Company
was carried out.
not
ورنا
LATE NEWS
Ferries Collide And Sink
Involved in a
collision off Holt's
"Our case, as the writ clearly shows, is that these Regulations are ultra vires, and we seek a declara- tion accordingly and the injunction Yaumati Ferry Co., Ltd. sank in the Two ferries of the Hongkong and mentioned in the writ., We do suggest that by appropriate legisin-harbour this afternoon after being tion the Government cannot achieve whart. the Regulations. Any suggestion The vessels concerned were the that Mr. Blair can be excluded from Man Sing and Man Ping. The former the Colony under the Regulations is' left the Hongkong vehicular ferry out of the question. Steps con be wharf for Kowloon City at 12.10 p.m., properly taken to send 'nway people and the other ferry was bound for of the Realm."
Hongkong from Hunghom.
When the two vessels were
Mr d'Almada rend passages deul-1
"BEFORE I HANG" replied to that letter saying that Mrs ing with the position in peace and Holt's Wharf, both made an effort:
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Rights Taken Away
off
Blair did not intend to leave Hong-in time of war.
avold collision with a junk. That 'is kout and that they were instructed
apparently how the two ferries came to apply for a writ of injunction or a
Mr D'Almada continued: "In no to grief. The exact cause of the writ of habeas corpus. No reply was single case under the 1914 Act was collision
not been ofcially received
there anything approaching such announced. The
The
passengers of the two boals were transferred to other ferries The Man Ping was too badly damaged to war- rant towing, but the Man Sing was towed back to the central wharf.
Both ferries have, however, since submerged,
Interesting (incl important facts, Counsel continued, were that: (1) Mrs Blair wos a British subject,
(2). 'she was a resident in Hong- kong for 20 years;
(3) she was domielled in Hong- kong.
These facts were not traversed in the affidavit of reply filed by the Hon. Mr Smith.
Opposition To All which came to the scene.
Aid To China
FROM PAGE ONE
Evacuation Test Case Hearing
Summing up his d'Almada declared:
address,
Mr
Another interesting fact was that essential to the defence of the United It was on the very day when these States, but he said that the American regulations were promulgated that people are "not yet convinced with Mrs
Binir,
in Ignorance of these the same intensity that aid to Britain regulations, left Manlin for Hongkong. is essential to our own security." He These ware the only regulations with said he believed that applied similar- "Such persons infringing the regu- which the Court was concerned. ly for the Grecks, the French De Iations shall be detained and returned On December 20, a reply was filed Gaullista and other belligerents, to his (or her) port of embarkation. by the Hon. Mr Smith in which he Before Mr Simpson offered the Bill, Your Lordship must decide whether stated that in 1038, it was considered the Speaker of the House, Mr Sam the Defence of the Realm Act ever of vital importance to the defence of Rayburn, at a press conference in-contemplated that such a Regulation the Colony to evacuate those women
nen dicated that the Administration would should be made under it. I submit and children whose presence was not oppose the efforts to limit Pre- such an Invasion of the rights of likely to add to the dimculties defence.
of sidential powers to the current emer-people were never contemplated or The Government prepared geney. a scheme covering such an evacuation The hearings on the Aid for Britain Mr d'Almada concluded by dealing which was completed in 1939 and Bill are was made public soon after the war are expected to begin next Tues with three points (1) that the Regu
day in the House Foreign Affairs Intions must be made honestly, (2) Committee which has invited Mr they must be intended to be made for On June 20, 1940. A public Cordell Ilull, Secretary of State, the purpose of the Act and (3) they announcement was made over the Colonel Henry Stimson, Secretary, es capable of securing public safety.
in face of it, be reasonably radio that British women and chll-War, Colonel Frank Knox, Secretary fren of European race were to pre- of the Navy, and Mr Henry Morgen added, was to send Mrs Blair back The effect of the Regulations, he pare for evacuation, and directions; thau, Secretary of the Treasury to were received the next day from His testify.
broke out.
Majesty's Government for this to be The Senate Foreign Relations Com- put into effect. The notice for mitee will begin consideration on evacuation was published In the Wedesday. Press on June 30 and July I.
Number Evacuated
Tri all, the affidavit continued, 3,440
Italian Destroyer
women-and-children-were-evacuated Sunk-In-Sea-Battle-
to Manila.
They comprised the
wives and children of the Royal Navy, the Army, the Royal Air Force, the Hongkong Naval Volunteer Force, and civilian families.
FROM PAGE ONE
"Part of my argument will be that planes flew over and strongly the Regulations which we are ques-attacked the British naval units. tiching now cannot be said to be The day's fighting continued almost reasonably capable of ensuring the Incessantly from dawn to dusk when safety of the Colony or any of the the German dive-bomber group took objects set out under the Defence
of the Realm Act," said Mr d'Almada, Part in a daring concentrated attack
on this ship. "At a rough estimate a conser- Italian planes also participated in vative estimate--I should say that we the five air attacks to-day in which have in Hongkong at
the
moment seven planes are known to have been 500,000 women and children of dif-shot down,
ferent races and nationalities, and This was the first instance of dive- the 3,440 who have been evacuated bombing in this area since the start form less than one per cent, of that of the war. conservatively estimated number. dure say these figures can be check- ed up with the last census, but as we all know, the population has con- siderably increased since then, and the number of women and children Is nearer 750,000."
For the purpose of his case, Coun- sel went on, he would not traverse the legality of the regulations made on
June 20, 1040, but would concern hithself only with the Regulations published on November 19 which prohibited the landing of women and children over the age of 18 in the Colony unless they had a permit Issued by the Commissioner of Police.
Testing Position
Mr. Smith in his affidavit claimed that the evacuation was a defence measure which was confirmed by a communication of the Secretary of State for the Colonies in, reply to a petition by the husbands for the re- turn of their familles to Hongkong bul, Counsel argued, Mrs Blair should certainly be entitled to come back to the Colony at least to try out her position by these
proceedings.
Prestimably, although these regt- Intions were still in force оп Nóvember G," Mr d'Almada, "the
Sald
polley of evacuating white
women
and children from Hongkong was abandoned by the Government and with the knowledge that a large num
· STOCK MARKET
REPORT
Hongkong Stock Exchange Official Summary, issued yesterday says: valls the volume remains negligible.
Although a steady undertone pre-
Buyers
Union Ins. $405 14K. Fire Ini. $165. Wharves $04 Humphreys $7.75 Trams $17.00 Star Ferries 301 Lights Rts Cls 00 Entertainments $7 Constructions "O" $1.80
Jellers
Lights Rta Cts. 05 Comenta $10,60 Vibro Piling $7.70
Sales
HIK. Banks $1,380 Hotels $3.50
Trams $18
Lights Ris 90/95 cts. Electrics $40
French Retreat
Is Denied
The French Consulate here has re-
ber, of women to whom exemption ceived offeinl denials from Inda- from evacuation was granted was China that the French retreated 35 here at the time; and it is also clear miles from the border on Sisophon as from a paragraph. in Mr Smith's was reported by a news agency, amdavit that from July until Novem
The message also denies a Shang- ber 10, a certain number of evacuated nl report that Japanese naval su- women returned to the Colony with-thorities have sought the use out obtaining any special permission. Balgon That is of extreme interext to this
ease.
of
Corporal Willis of Military Police Purpose Abandoned [reported to the Pollcë yesterday that "That policy of getting rid of between January 4 and 13 some per- |British women and children from the json stole a quantity of cable from Colony which allegedly, and we must Kennedy Road. The cablo is worth accept it, was for the purpose, of $70,
intended.
to Manila, where she was an allen.
The hearing la proceeding.
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