1932-02-19 — Page 1

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Library, Supreme Court

China Mail

ESTABLISHED 1845.

No. 28,035 HONG KONG, FRIDAY, FEBRUARY 19, 1932.

PEACE PARLEYS

FAIL

ONLY A MIRACLE CAN NOW AVERT

DREADFUL WAR

IMPOSSIBLE JAPANESE

DEMANDS

CHINESE TROOPS READY FOR THE FRAY AND PREPARED TO RESIST STOUTLY.

League and ensure that the whole Council of the League should be a body which would be co-operating with the United States.

Lord Ponsonby's Suggestions

Dangerous and Iraproper.

A

The

TO-DAY'S DOLLAR elosing rate of the dollar or demand, to-day was 1/5 3/16,

PRICE $3.00 Per Month.

WAR NOW

INDEPENDENCE PROCLAMATION.

General Chang's

Move.

ALL RELATIONS WITH KUOMINTANG SEVERED.

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BRITISH NOTE

editorial expresses the opinion that the political independence of Manchuria will not preclude the supremacy of Japanese influence. An "open door" and co-equal existence of all peoples will best recommend the new State to the

Mukden, Yesterday, He also said that Lord Pon- General Chang Ching-huet, Gov. sonhy's suggestion for the auto-ernor of Harbin, issued a pro- benevolent recognition of the matic putting into operation of clamation to-day declaring the In-Powers. the Covenant would be

most Eastern Provinces and the Harbin

(From Our Own Correspondent.)

the provisions of Article XVI of dependence of the four North- Shanghai, To-day.

As regards Shanghai, the Faperj All peace hopes have been definitely blasted dangerous and improper, because area, and severing all relations with says the military results in the by the severe demands made by the Japanese, it involved prejudicing an issue the Government under the Kuomin-forthcoming battle are easier to which the Chinese found impossible to accept. In had yet to determine upon, name-

which the Council of the League tang-Reuter's Pacific Service. letter will depend on quite unfore-

"Daily Telegraph's" Opinion. forecast, than the political. consequence, the Japanese have' presented any which was the blameworthy

London. Yesterday. seen damage inflicted ultimatum, which expires at sundown on Saturday,

The "Daily Telegraph" in an Foreign Settlement-Reuter. and now only a miracle can avert war.

(Continued on Page 12.)

ол

ADDRESSED TO THE CHINESE GOVERNMENT

DEATH OF TWO BRITISH BLUEJACKETS

EVACUATION OF SHANGHAI BY BRITISH NATIONALS?

(Reuter's Special Service).

London, Yesterday. In the House of Commons to-day, Sir John Simon announced that, in consequence of the death The of two British bluejackets in Shanghai, as the re- the sult of a Chinese shell, the British Minister had ad- dressed a Note to the Chinese Government request- ing that strict instructions be issued to its military.

Japanese forces have taken up their positions STEAMERS' COLLISION SEQUEL authorities with a view to preventing any possible

and are ready to jump when the order is given.

Foreign military experts believe the Japanese attack might be in the nature of a surprise attack p and that the action may not even be preceded by artillery bombardment.

The Chinese redoubts, which have withstood intensive battering for three weeks, do not appear to be any weaker, and the Chinese are also ready for the fray and claiming ample reserves.

SHELL HITS SAVOY HOTEL.

A shell hit the Savoy Hotel, near Astor House yesterday and Mr. Jack Howard, assistant mana- ger, narrowly missed death. He had barely closed the door of a room when the missile came through the wall opposite.

CAPTAIN DAVIES VACATES PERILOUS POST. Captain Frederick Davies, the octogenarian proprietor of Woosung Forts' Hotel, a popular week-end resort, who has resolutely stuck to his post for a fortnight in constant peril of his life, has finally been persuaded to evacuate through the good offices of Messrs. Lloyd and Bosustow, who chartered a launch and got a safe passage.

X

JUDGMENT AGAINST NIPPON YUSEN KAISHA

RESULT OF ACTION IN

ADMIRALTY COURT

FULL TEXT OF CHIEF JUSTICE'S

FINDING.

".....

The master said that

on claim and counter-claim, amounting to over the Kiangan.

Judgment against the Nippon Yuse Kaisha, $80,000, arising out of a collision between the N.Y.K. at the moment of sighting he was 8.8. Toyooka Maru and the China Navigation Com-going at "about 6 knots over the pany's s.s. Kiangsu, was given, this morning, by the water." thus putting the tide the Chief Justice (Sir Joseph H. Kemp, K.C.), in at about 2 knots. the Supreme Court in Admiralty Jurisdiction.

After reviewing

his Lordship said:-

Main Cause.

ground," or "about 4 knots through

the circum-clusion that after sighting the other 2 knots."

avoided the collision dropping anchor, an

by at

The master of!

Counsel for the

of a speed of "over 7 knots possibly 8 knots.' There seems to

and

recurrence of such incidents.

Sir John Simon added that, in this unfortunate conflict, Government must hold each side respon- sible for any loss of British lives and property caused by the respective forces.

Mr. George Lansbury raised the question of the possibility of evacuation of British nationals from Shanghai îf hostilities continued.

Sir John declared that the possibility was be- ing very carefully considered, but he was unable to give a further answer at the present time as the practical difficulties must be examined on the spot.

PEACE PARLEY ARRANGED BY SIR MILES LAMPSON.

Rugby, Yesterday. Referring to the meeting this morning be- the Toyooka Maru puts the tide at tween Chinese and Japanese Military authorities, about 1 knot. The Kiangsu's pre- liminary act puts the tide at "12 to Sir John Simon said it had been largely brought stances leading up to the collision ship, the Toyooka Maru could have knots, and the Assessor agrees. It sation of hostilities might be arranged. Sir John i have taken it as 1 about by Sir Miles Lampson in the hope that a ces- once would appear therefore that the I have no hesitation in saying manoeuvre and one which ought al- than 4 knots through the water sa latest Press messages indicated that an agreement obvious Kiangsu was going at a little more added that the House would regret to hear that that the main cause, at least, of the most to have been automatic unless her own showing. LORDS DISCUSS THE SITUATION collision was the action of the the Toyooks Maru had then no way Toyooka Maru accused the Kiangsu had not been secured.-British Wireless Service.

IN SHANGHAI

Toyooka Maru in crossing the fair- on. I find that she had way on.. way into fog. It was a very dan-

Minor Point. gerous course to take, and she might Further, though this is a LORD PONSONBY SAYS NO BARGAINING then clear water to the South or the Toyooka Maru never gave the cessive.

with safety have anchored in the minor point in

very me to be really no evidence of that in various ways in different cases. the circumstances, speed, which would have been ex-... In the present case I and that

Kiangsu To Blame. On the other ground of com- WITH JAPAN. |·

South-east of her 7.43 a.m. position. signal for a ship under way in a fog three witnesses for

It is true that all the the Kiangsu had a tide of 1% knots plaint I hold that the Kiangau was She was perhaps again at fault in but having no way on.

the Toyooka behind her and was navigating in The crew Maru speak of the Kiangsu's bow stretch of water where

to blame. not porting when she heard the of the Toyooka Maru were standing wave as indicating fast speed, but board rule ought, in my opinion, to the fog signals of the Toyooka She may have been Lord Hailsham Replies at Length.

the star- justified at firat in assuming that Klangsu's fog signal at 7.44 a.m., by to anchor, the operation could I am advised that but I do not so find and I do not have been performed at once, and through the water would have pro- it is ordinarily observed,

4 knots be observed, and where admittedly Maru were those of an outward London, Yesterday. would seem to separate it from buse my judgment in any way on the Assessor agrees with me that duced a noticeable bow wave,

She had bound ship which would obey the The situation in Shanghai the

that allegation.

in to keep steerage other members

I think that it is the first anchor dropped would have the weather conditions then prevail Assassor is of opinion that a little were the signals of an ascertained of the no answer, to

The atarboard 'rule, and so that they: was discussed in the House of

my finding above, had an almost immediate effect, and ing, and it is impossible to infer over 4 knots through the water was ship, but Lords to-day, when Lord Pon-League and identify it with the that the Toyooka Maru had "reach- that there would have been no colli-the speed suggested from the wit- not an excessive speed for this pur- When those signals had become at 7.47 a.m. at latest sonby expressed the opinion that United States in any sort of op-ed an anchorage ground and should sion. The Toyooka Maru the facts of the case were be position to the other members have been safe."

Was nesses' necessarily vague statements pose, and that any reduction below nearer and finer on the port bow, One reply to thus at least the main cause of the of their impressions of the wave that speed would have made the she should have realised that the ing facts concealed from the of the League. Government had that remark is that she had not collision, and she could also by The onus was on the Toyooka Maru margin of safety rathar fine. people of Japan by the militar-made, and was making, every anchored but was still moving ordinary care and skili have avoid to prove excessive speed and she case seems to me to be very near the normal outward bound ship would The other ship was not behaving as a ista, who were temporarily in effort to keep in the most friend-across the area, with fog signals ed it at the last moment. control. But, he believed there ly touch with the United States sounding on her starboard bow.

falled to prove any speed higher border line, but I am not prepared behave, and she should have then Speed was still a great deal of right and simultaneously remain con-Cellision Could Have Been Avoided

than a little over 4 knots through to differ from the Assessor's opinion treated that other ship as an un- The next point is the speed of the water.. feeling in Japan which might be stant to its own duty to the I have also come to the

on this point. I therefore find ascertained ship, ... appealed to, and he hoped no at-

Kiengen's Speed Not Excessive. that the Kiangsu

It was also urged that the speed "at & moderate speed having care that it was impossible on the evi- was navigating Proceeding, his Lordship said of the Kiangsu was in any case ex-ful regard to all the existing cir-dence to say if the non-stoppage of cessive because of a certain rule of cumstances and conditions," up to the engines had any physical effect practice which has been laid down 7.47 a.m....

tempt would be made to bargain

сол-

with the Japanese Government REMOVAL OF CHINESE NINETEENTH

on the lines of allowing them a free hand in Manchuria in re- turn for relaxation of Japanese,

He stranglehold on Shanghai hoped the British Government would take the lead in this matter and that the League would be in readiness to penalise any nation breaking its pledges.

•

British Government Policy.

ARMY

JAPANESE CLAIM DESIRABILITY

IS WIDESPREAD.

Geneva, Yesterday,

Lord Hailsham, in replying, "The majority of foreigners, and many stated that the situation in Chinese, in Shanghai regard as desirable the re-

FAIR,

The Royal Observatory's re- port fasued this morning says: The northern portion of the anti-cyclone has moved East- ward, leaving a separate anti- cyclone central to the West of Shanghai.

Forecast: NE. winds, mo derate; fair.

·Rainfall..

Rainfall for 24 hours end- ed at 10a.m. to-day all.

Shanghai was causing the grav-moval of the Chinese Nineteenth Army whose at-Total since Janitary 1-1.78 est concern to the Government.

He emphasised the fact that the titude is highly dangerous for the Concession," authorities of all Foreign Fow states a communication issued this evening by the ers in Shanghai were co-operat Japanese delegation here.

ing in the most cordial manner

in the amérgency, and that the

The statement adds, that this Army contains British Government, throughout many Communist elements, which the Nanking had kept in the closest touch with the United States and League of Government proposed to disband, and it (the Nan- Nations-and-other Power He king Government) had now placed troops around pointed out that it would be not it, isolating it, and is now watching its movement. ther wise nor proper for Govern ment to take any action which Reuter.

inches against an average of 2.53 inches deficit .75 inch.

'I'emperature.

Hong Kong Macao

Pratas Island

Manila Foochow

Amo

Chefoo Shanghal

even

way on.

SPECIAL MEETING OF LEAGUE

COUNCIL TO - DAY

DR. YEN'S APPLICATION.

Geneva, Yesterday.

in helping to produce the collision.. If the Klangsu's engines had bean stopped there might have been no colllafon, but on the other hand the collision might have been worse.

As the evidence did not clear up the points, one was driven back on. He need not give his rea- sons, but he had come to the conclu- sion that, as the Kiangau had broken a statutory rule, and had done ■ wrong thing in regard to another vessel, the onus was upon her to show that the wrong thing did not physically contribute to the colllalon.

onus

she hidhusly failed to discharge that onus... That finding, however,

Dr. Yen, head of the Chinese delegation here, has asked for the summoning of a special meeting of the League Council for February 19 (to-day), owing to the grave news of the presentation of an-did not dispose of the matser, be- other Japanese ultimatum to the Chinese military a ship, herself antecedently in fault, cause of the "subaldnary"", rule, that authorities in Shanghai.

It is understood that he will ask once again the have avoided the collision by the Council to endeavour to prevent the catastrophe exercise of ordinary care and skill. which seems imminent. Reuter.

can nevertheless recover in full if the other ship, also in fault, could

móinued on Page 183