1941-01-21 — Page 17

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In

No. 92,052

TUESDAY, JANUARY 21, 1941.

Price: 10 cts.

SECOND ED

INSIST ON

Daisy Brand

Australia's Choicest

BUTTER.

THE EVACUATION TEST CASE

SEVERE RAID ON MALTA

Judgment Given

MAN WITH A

For Commissioner LOADED

Of Police

JUDGMENT WAS GIVEN IN

OF POLICE THIS MORNING, IN

FAVOUR OF THE COMMISSIONER THE ACTION REGARDED AS THE The German dive- EVACUATION TEST CASE, TAKEN BY MRS. D. G. BLAIR, CLAIM- bombers based in South- ING AN INJUNCTION TO RESTRAIN THE POLICE FROM COMPEL- ern Italy are keeping up LING HER DEPARTURE FROM THE COLONY UNDER THE DEFENCE severe attacks on Malta REGULATIONS. despite heavy losses.

over

A total of at least 17 enemy aircraft wore destroyed Malta on Sunday, it was official. ly announced last night. This makes the total enemy losses in three days thirty-seven destroyed fur cerlain, five

$15-

I would have gone sooner had I been well enough but I was not At to travel until that date. My departure was therefore not con- nected with the recent evacuation

The interim injunction granted by the Chief Justice in December is discharged. An order for costs was made, but Sir Atholl Mac- Gregor suggested that in view of the public of women and children.

bably destroyed and nine dan importance of the action Government should

aged.

The firmness of the people. Malta in the face of the repeated heavy attacks is illustrated in a telegram sent by the Governor to the Colonial Secretary, Lord Lloyd.

not seek to recover costs.

In November I decided to re- my Lurn to the Colony without husband's knowledge, as my health in Manila was still unsatisfactory and my private affairs required urgent attention, and I obtained a passage on the S.S. "Tjijalengka" to Amoy via Hong Kong. I did this because the steamship com- pany would not give me a passage

Sir Atholl held that all the Court had to see was whether the regulations were reason- ably capable of being a regulation for secur- ining the public safety. He did not think the un'ess I paid the fare to Amoy.

It reads: "Malta has taken very heavy toll of the enemy

people of Multa is as strong ever." Reuter,

RETREAT

as

Par-

The vessel sailed on 19th No- vember and therefore I know nothing whatever of the regula- tions published on that date In

port.

the

REVOLVER

in-

A sensational cident marked the closing stages of the Presidential inaugura- tion in Washington.

An unidentified man, carrying a load- ed revolver, was ar- rested by secret ser- vice men in the square the White fronting House just before the President returned from the Capitol.

The man was taken

ex- to hospital for amination.--Reuter.

JAPANESE

DIVE-BOMB A TRAIN

recent attacks. The spirit of the Court was entitled to question the dis-

cretion of the Executive to whom liament had entrusted powers in such wide Hong Kong. I had a British pas- terms.

On arrival in Hong Kong war in which His Majesty may be sion to land but ultimately I was Police at first refused me permis- The Plaintiff, a British woman

ACCORDING TO A TOKYO domiciled in Hong Kong, by her engaged, and for maintaining sup- allowed to land and was taken to

STATEMENT, JAPANESE NA- AIRCRAFT YESTERDAY writ claims against the defendants, plies and services essential to the

VAL Office where I the Immigration

UP A who are respectively the Commis-life of the community."

was told I must proceed on Sun- MORNING

WEST OF sioner of Police and a Commis- On 19th November,

FREIGHT TRAIN 1940, the day 24th November. sioned Officer of the Police Force, Governor under

NORTH-WEST- the foregoing However, on the Saturday IKWANGSI IN the following declarations:-

powers made Regulations entitled went with my husband to the Im- ERN KIANGSI PROVINCE. (1) That Regulation 3 of the the "Defence (Entry Restrictions) migration office and succeeded in

The Japanese, it is claimed, Defence (Entry Restorations) Re-Regulations, 1940, which contain, getting permission to stop

train, blowing gulations, 1940, so far as it ap- inter alia, the following pro- until 30th November on furnish-dive-bombed the plies to British subjects resident visions:

ing a bond for $300.00.

up several cars, as well as des- tracks and in the Colony is ultra vires, void

I did not sail on the 30th No-troying the railroad vember and on the 11th Decem-warehouses near the town.-Reg-

(Continued..on Page 2)

ter.

FROM KASSALA

eastwards in contact with the re- treating enemy.

II (1). In these Regulations and of no effect; and (2) That the a) "competent authority" means defendants have no power under the Commissioner of Police, Regulation 6 (b) of the said Re- III (1). No person, whether a gulations to compel the plaintiff British subject or not, coming as to leave the Colony against her a passenger by sea or air from a this Colony shall will. She also claims an injunc-place outside

disembark in this Colony unless (b) he has first obtained on such passport, travel document, certi- Acate, permit or pass the written of the competent indorsements authority permitting him to en- ter this colony.

tion.

Yesterday's communi- que issued in Cairo states that in Libya there was nothing to report.

The enemy withdrawal from the Kassala front continues.

• The localities

The writ bears date 13th De- of Tessenei, which the Italians had strongly cember. 1940, and on the plain- fortifled, were on

in Chambers application Sunday occu- tiff's pled without opposition by our that day for an interim injunc- troops, who are now operating tion it was agreed that the hear- ing and determination of that ap- plication should be treated as the V. In making or declining to trial of the action. There are make any indorsement for which therefore no pleadings, but the provision is made by these re- parties have agreed that for our gulations, the competent authorl- act in accordance with present purposes the defence be ty shall regarded as a general traverse the general or special instructions and the plaintiff be put to the cf the Colonial Secretary, and the Colonial Secretary may revoke or proof of all material allegations,

decision of the com- The Emergency Powers (De-vary any

petent authority. fence) Act, 1939, which was pass-

V. If any person fails to com- ed. by the Imperial Parliament on 24th August, 1939, was extended ply with any condition Imposed to the Colony by Order of His under regulation 3 he shall be deemed to have contravened the Majesty in Council dated 25th August, 1939. Section 1 (i) of provisions of that regulation and, without prejudice to any pro- that Act, making the necessary ceedings which may be taken modifications prescribed by the against him under regulation 84 Order in Council reads

of the Defence Regulations, 1940,

In Kenya, by continued offen- sive action our mobi'e detach ments have steadily gained ground and inflicted casualties on the enemy.--Reuter,

MIRS BAY BATTLE

Three robbers were kill-

wounded yes when the Police

"I. (1) Subject to the pros as applied by these regulations: visions of this section, the Gov (6) he, may, in the discretion of ernor, may make such Regulations the competent authority, be dest in this Act Referred to as Detained in police custody until an ed on an armed party fence Regulations?) is appear to opportunity occurs of, returning ith a machine-gun in him to be necessary or expedient him to his port of embarkation for securing the public safe or to the country of which he is Mirs Bay

the defence of the territory, the national or of "sending him to maintenance of public order and hir destination, the efficient prosecution of any wounding one, and sinking the

Police Launch No 1 was on patroli Mirs Bay at about 6.30 PHL when a› kumpan was sighted with aight" men"ort board.

Seeing the police": launch; "the | sampan." on mode: for the shore at The wounded man has Pin Head anch the police open-admitted to the

redna Themekliling three, nital:

been

Kowloon Hos

The plaintif in an affidavit Aled on 13th December, 1940, the allegations of fact in which are uncontradicted, saya-ta

Paragraph 3. On 2nd July-last I lett, Hong Kong Lor reasons of health and proceeded to: Manila.

over

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