1931-11-03 — Page 1

THE NEWSPAPER ENTE

Library, Supreme Court

SINO China Mail

At Colby, Kansas, a Studebaker Six set the

remarkable record of 41.44 actual miles per U.S.

gallon of gasoline. The test was conducted as

a feature of a tractor show held in that city.

Fourteen drivers entered into the contest to see which could drive The Studebaker Six the far- theat

on a measured half gallon of gasoline. The winner achieved 20.72 miles on his ration, others ranged down to 10.3 miles for the half gallon. All texts were made with the same car and the radical difference in mileage-from 41 to 20 miles to the gallon can be explained only by the variation in driving habits,

HONG KONG & SHANGHAI HOTELS, LTD. (Incorporated in Hong Kong.)

ESTABLISHED 1845.

TO-DAY'S

DOLLAR.

WWik

The

closing rate of the dollar on demand, to-day was 1a. 411⁄2d.

No. 27,944

HONG KONG, TUESDAY, NOVEMBER

1931.

PRICE $3.00 Per Month.

APPEAL MUST BE

ALLOWED

CONVICTION MUST BE

QUASHED

SIK YUE CLUB CASE

FULL TEXT OF THE JUDGMENTS DELIVERED THIS MORNING.

GANDHI DISSENTS

LORD SANKEY'S ·

REPORT.

ONE CHAMBER

OPPOSED SPECIAL

REPRESENTATION.

Rgby, Yesterday.

NEWS TABLOIDS.

Japan, replying to China's pro- posals (published yesterday in this paper) inslets on recognition of her five fundamental points before she will withdraw her troops.

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It is most likely that the League Council will be summoned to meet

KYLSANT APPEAL

SIR JOHN SIMON'S 4-HOUR SPEECH.

CLIENT HONEST

before November 10 to deal with NOT A SINGLE FALSE the situation in Manchuria, which;

is showing algns of growing acule,

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In the Full Court this morning,

and Mr. Justice R. E. Lindsell) n).

In the Indian Round Table their Lordships (the Chief Justice

FIGURE

London, Yesterday. Justices Avory, Branson, and

Judzment quashing a conviction returned by the Second Police Federal Structure Committee today, lowed the appeal of the 13 Chin-Humphreys began hearing of the Magistrate, Central Magistracy, was given in Full Court this morn-when the draft report on Federalese, who were arrested at the Sik appeal of Lord Kylsant against his

conviction by the Second. Police

GOOD NEWS.

Tennis Players will be pleased to learn that in consequence of

the RISE IN SILVER

DUNLOP TENNIS BALLS

cost only $12.00 per dozen. -

Obtainable from all· Sports Dealers.

MANCHURIAN CLOUD DARKENING

JAPAN INSISTS ON HER FIVE POINTS

INTIMIDATORY MEASURES

VARIOUS JAPANESE ACTIVITIES REPORTED.

Replying to China's proposal to open direct negotiations on the

ing in the appeal by 13 Chinese who were arrested in the Sik Yue Legislature was examined, Lord Yue Club on August 6 Inst. Their conviction in July of a year's Im-basis of the League's resolution of October 24, Japan expressés in- Club, 508-10, Queen's Road West, on August 6, and fined by the Sankey paid a warm tribute to Magistrate was also quashed, Magistrate two as keepers of a common gaming house, and the others as players in a common gaming house.

Add

CHIEF JUSTICE'S FINDING·

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eminent Civil Servants without]

Hearing of Lord Kylsant's op- whose assistance, he said, his duties as Chairman would have been im-peal was started yesterday. Sir John Simon, on behalf of appel- possible. He wanted future gen-ant, spoke for over four hours. erations of Indiana to know to Lord Kylsant was sentenced in whom they owed so much of the July to a year's imprisonment in

the second division. new constitution.

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In his judgment the Chief, port that inference, even when

The report was accepted, with a The Onslow Committee has pre- Justice (Sir Joseph H. Kemp, they are regarded cumulatively. K.C.) said:-

I think that these facts neither few amendments, and the Com-sented its Report on the subject I think that the case stated amount to proof of actual pre-mittee adjourned till Wednesday, of closer union in East Africa. .fails to raise an obvious ques-vious user nor bring the case when the report on the Federal Salient point--formal union, inop tion of law, ic., that arising on within what I may; perhaps, call Court will be examined. section 11 of the Gambling Or- the self-evidence class of case re- dinance. I, therefore, think that ferred to at the end of para- it should be sent back to the graph three above. Magistrate for amendment re- questing him (1) to say whether

Section II of Gambling Ordinance 1891.

portune to-day. Buggestions for

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A note of dissent was received co-operation and co-ordination in from Mr. Gandhi, who adheres to economic and scientific fields are the view that one chamber would! made. A white settlement is em- be the best. He says he would sup- phasised us an important element port Sir Mirza Ismail's proposal for in the progress of, the country. he finds the three facts necessary This, however, does not dis-a Federal Council, If such a body.

Indian terrorists shot dead 'n to bring section II into operation, pose of the matter. There re was an advisory body. Congress,

Officer yesterday, and and (2) if he does find those mains section II of the Gambling he states, was opposed to the special British facts then to add to the case the Ordinance, 1891. I think that representation of certain interests wounded an orderly in attendance questions whether section II that section provides for pre- as recommended in the report, and on him. provides for presumptive proof sumptive proof of user as a com-to nomination by the Viceroy in

In the Home Municipal Elec common gaming mon gaming house for all pur-special cases, but specialists should house for the purpose of แ poses and not only for the pur-be given facilities to address the tions, Conservative appear to be charge of keeping on the occa-pose of the conviction of persons Chamber On required occasions. ousting Labour, according to the sion of the entry under the war charged with playing. The worde Regarding certain paragraphs about fret 80 results made known.

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of user as a

ability to accept, as she insists on recognition of her five fundamen- tal points before the requisite withdrawal of troops.—Reuter.

The China Mail published China's proposals in extenso, yesterday.

GENEVA

UNEASY

Geneva, Yesterday. ciable number of troops will be News from Manchuria is not carried out within four or five considered to be re-assuring, and days;

should the situation not improve Before the withdrawal began an earlier meeting of the League | there were 1,848 troops in Kirin, Council than that fixed for Novof whom 1,100 have now gone. ember 16 is within range in all Japanese Aiding Mongol probability.

Irregulars?

Official information from Nan- Chinese reports from Chin- king dated November 1 reportschow allege that the Japanese various Japanese activities, in-are attempting to capture Tung- cluding intimidatory measures. Hao, in West Manchuria, in co- Soviet Takes League to Task. operation with Mongol irregulars. Amidst the shower of replies They assert that four Japanese reaching the League Secretariat. Jurmoured trains, loaded to capa- regarding an armaments truce, city with Japanese soldiers and is included a Soviet note making Mongol irregulars, arrived at reservations; for example, "the noon on November 1 two miles vague and indefinite character, of from Tungliso, and started bom- prisonment, in the second division the League's decisions and inter-barding the city, killing five and in connection with the affairs of the national obligations is one of the wounding scores of people. Royal Mail Steam Packet Co. causes of the deplorable events A Japanese seroplane is alleg- Sir John Simon, leading counsel in Manchuria which obviously ed to have circled over the city rant. As, however, my learned are, "Evidence: .that the the States, he reserved his opinion brother and I are, unfortunate place is used

and that and adhered to the proposal of in- The engagement of the Heir for appellant, spoke for over four does not strengthen the atmos- gute, aring a machine-gun, and

He argued that the pro-phere for confidence."

causing numerous casualties. ly, not in agreement on this the persons

were play-direct election, or election through Apparent to the Nizam of Hydern-hours. point, the case will be sent back in." It thus, unless the pre- delegates using the villages as bad and the daughter of the ex-spectus, to which the charge rofer- Partial Withdrawal of Japanese

Troops from Kirin. and we must deal with it as it sumption is rebutted, dispenses units.

Sultan of Turkey is announced. red, was issued, in all honesty and

Peking, Yesterday. stands.

with the necessity for any proof These views were noted.-British The wedding, will take place at did not contain a single false figure,

The Japanese Legation Three Points.

of actual previous user. The Wireless Service.

Nice, a fortnight hence,

DEAD

Three questions are put in the stated сане. The first is

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whether there was any evidence TORIES CONTINUE TO OUST LABOUR Peace Conference has broken down

on which the Magistrate could' find that commission was charg-

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-Reuter.

an-

The Japanese deny, knowledge of the affair, but state that - owing to the great prevalence of banditry, armoured trains - have been sent to the Ssupingkai- Taonan railway, in order to sup- cress irregulars, and not to co- operate with them.-Reuter.

INDIÁN TAILORS' DISPUTE

} CASE.

It would seem the Shanghai |

BRITISH OFFICER SHOT completely. The Canton and London, Yesterday. National Governments' delegātes

New Delhi, Yesterday, Indian terrorists secured still Polling occurred to-day in the demands and suggestions being ed. I think that there was, i.e.,

Canton demands another victim to-day when British nounces that the partial with- Chui Nam's evidence that the Magistrate, however, did not rely Municipal Elections of over three Irreconcilable. first defendant asked for commis-on this section. It is not raised hundred cities and boroughs in Chiang Kai-shek's resignation as Lieutenant T. M. Synge, of the drawal of the Japanese from alon and that the fourth defen- in the stated case and there are England and Wales. At midnight a first step to peace. Chiang ac- Armoured Car Company was fatally Kirin started on the $1st ult.. shot, A South Waziristan soldier when a small contingent left for:

In Full Court this morning, the dant paid $1.20 which was placno definite findings that the place eighty results were known in which cases Canton of being insincere.

who was accompanying him, was Changchun. This was followed

by the departure of two infantry Chief Justice (Sir Joseph H. Kemp, ed in a cigarette tin in front of in question was suspected of be- Conservatives gained 149 cents and

lost 3, Labour gained 5' and lost Mr. C. A. Butler, who left also wounded-Reuter.

battalions numbering 1,000 men K.C.) and the Pulane Judge (Mr. the first defendant (depositions, ing a common gaming house, 206. The final results will be Lumpue on Saturday, and took off p. 3).

who also left for Changchun un that it was entered under a war-

from Athens yesterday, reached be found for him, or, falling that, Sunday,

Justice R. E Lindsell) granted The second question is "whe- rant issued under the Ordinance, known on Tuesday.

All members of the 28 Borough Aleppo safely the same day and, he may be elevated to the peerage, The Legation expects the leave of appeal in what is known as ther (proof of) previous user is. or that implements of gambling, necessary before the premisesi.c., dice and counters, were Councils in London retire this year after a short wait, took off so that his services may not be withdrawal of a further appre- the Indian Tailors' Dispute case.

On October 28, Mr. F. C. Jenkin, could be held to be opened, kept found there.

(elections in London are triennial). Basra

K.C. (Instructed by Mr. A. el or used as a (common) gaming It may be that he must have One-third of the members of each

Lord Sankey's draft report on Arculli) made an ex parte applicá- house," This question cannot so found if he had directed his Borough and City Council elsewhere

calledtion before the Full Court for leave be answered by a simple affirma- mind to the point, but, so far as compulsorily retire every year. torney-General, was defeated al

a light to Cape Town, arrived Federal Legislature hne I shall deal the case stated is concerned, he About twenty important provincial the polls for the Combined Unl; safely at Juba, yesterday. She forth a note of dissent from Mr. to appeal against the judgment with it first on the assumption did not do so.

A seat elsewhere may expected to continue her air four- towns are ruled by Labour Councils.versities. that section II of the Gumbling For these reasons I think that-Reuter.

tive or negative,

Ordinance, 1891, does not apply the appeal must be allowed. in this case.

Mr. Justice It. E. Lindsell Concurs.

Admittedly we ourselves raised

for

lost to Government.

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Miss Peggy Salaman, who is on

Sir William Jowitt, K.C., At-

FINE.

..

The Royal Observatory's re- port issued to-day says:-

The anti-cyclone is central to. the West of Hakodate, moving East.

Pressure gradients remain steep over the China Sea.

Forecast:-N.E. winds, mo.... derate fine.

.

It is clear, 1-think, from R. v. The Prisne Judge (Mr. R. E. Davies (1897), 2 Q.B. 199, and Lindsell) and':-

could have been made to the Magle- Martin v. Benjamín (1907),

case was heard, It is on the following grounds trate, before the I.K.B. 64, that an isolated in that I hold with the greatest difid- under Section 100 of the Magis- stance of the use of premises for ence that this caso should not be/trates' Ordinance, No. 3 of 1890. such purposes as playing an unremitted to the Magistrate for lawful game or "exercising" a lottery does not amount to using Amendment. Were the case so sent the question of the possible appli- back, it is quite obvious that the cation of the Section and heard or keeping the premises for any Police Magistrate would include the argument thereon, but I do not such purpose. I am not, how- ever, prepared to say that the necessary findings of fact to bring think that in the absence from the

Rainfall.. Section 11 of the Gambling Ordin-stated case of the material findings prosecution must, in all cases,

Into operation. Indeed, of fact, which must be embodied Rainfall for 24 hours end- directly prove an actual instance anco

ed at 10 a.m. to-day mil. or instances of previous user I, these facts are sufficiently disclosed therein before that section can ap-

Total since January 1-74.87 can quite imagine a case in which by unchallenged evidence in the re-ply, that we are entitled to go uny the

cord, but I do not think that at this further than decide the questions inches against an average of. mere arrangement, fitting

6.79 80,66 inches - deficit. stage any such amendment of or ad- of law actually set out in the case. up, notices and appearance of a

dition to the case stated an is

inches. The findings of fact on which the place would entitle a Magistrate

Temperature. to infer that it was kept and likely to provide the respondent Maglatrate based his three conclu

The temperature at certain used for the purpose of playing a with a new and unsought for wea-sions are on the face of them com-

specifled tentres this morning game or games of the classes re- pon should on principle be allowed, plate. The effect of remitting the

at 8 o'clock was?---- ferred to in acction 2 (1) of the The effect of Section 11 was not caso to him now for amendment wil

08 Gambling Ordinance.

apparantly relied on by the Magls-be to include new finding.of',fact

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I now pass for the moment. to trate, it was naturally not raised and a new conclusion drawn there- the third question in the stated by appellants' Counsel, and it is from, ie, to recolour and reanimato case, ie, whether there was any possible that Mr. Fitzroy would not the whole case. I do not think that evidence on which the Magis have argued it had not we ourselves we ought to take advantage of the trafe could find that there was first raised it.

provisions of Section 101 of the previous user. I think that thero Had it been thought essential to Magistrates' Ordinance to this ex- was not. The facts which he respondent's case to secure this citea do not seem to rae to sup," "amondment, application to apsend (Continued on Page 12.)

Hong Kong và Macao ***** Pratas Island Foochow

1

65

Amey Chefoo Shanghai

GO

52

Manila

76

ney at dawn to-day.

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Gandhi

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given by the Puisne Judge in favour of the plaintiff.

In that action the plaintiff claim- It is ad the sum of $344.21 as money paid

Mr. A. J. Cook, miners" leader, Earthquake shocks of severe in. dled in London yesterday.

to work too bp him on behalf of the defendant, tensity were felt in Japan yester-believed that return day. Considerable damage to pro soon after the amputation of a leg 1931, at the defendant's request.

For Mr. Justice Lindsell found that the perty has been done in certain dia-induced his fatal illness. fricts. There have also been years he had exercised enormous claim as it stood was maintainable, many casualties and, unfortunate personal influence on the numbers and the plaintiff was entitled to ly, several deathu.

The Governor of Cyprus reports some improvement in the situation on the Island colony.

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of his union.

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ין

succeed.

In making his ex parte application Squadron Leader Gayford and for leave to appeal before the Full Fight Lieutenant Bett, who made Court on October 23, Mr. Jenkin a non-stop flight to Egypt last for the appellant-defendant, sub- week, yesterday took off from mitted various grounds, ón law, na' The Premier, yesterday, had Cairo for Khartoum in their sufficient substance to justify the talks with certain economic and Fairey monoplane the same in application being granted.

When the case was called this financial advisers, Mr. Stanley which they flew from England.

morning, Mr. A. M. L Soares (in Baldwin was received by the King, The Premier leaves to-day for structed by Mr. M. A. da Silva), ap yesterday. It is understood they discussed the general political Lossiemouth for a few days' rest peared for the respondent-plainti

and did not offer any argument · It is understood that a depar against the granting of Mr. Jenkin's ture from the usual practice of application for leave to appeal, the having the Chancellor of the Ex Chief Justice having indicated that chequer In residence next door to the Court was satisfied that it was the Premier in Downing Street a case for appeal. may be made soon.

|situation.

Air Commodore Charles Ruth bone, with effect from February 1932, has been appointed Air O.C., R.A.F., Mediterranean.

The Federal Reserve Bank of New York is to participate in ex tending the credit of the German Relchabank. The credit of $100,- |000,000 expires to-day.

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Their Lordships, In the absence of opposition to Mr. Jenkin's ap- Yesterday, the Premier devoted plication, granted leave, of appeal, considerable time to the affairs of and, with the mutual agreement the Indian Round Table Confer of Counsel engaged in the case, ad- ence, and, in the course of the day, journed the matter sine die with received Lord Sankey, Sir Samuel |liberty to apply for a date for the (Continued at foot of next Column.) Hoare, the Aga Khan, and Sir To}{hearing of the appeal,