1948-03-19 — Page 2

Page

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THE CHINA MAIL, FRIDAY, MARCH 19, 1948,

COMMENT ON DEBTOR AND He Tried To Make

CREDITOR ORDINANCE

The plain intention behind the proposed-Debtor and Creditor (Occupation Period) Ordinance is to remove doubts, to avoid legislation and to lay down simple rules for the determination of the rights and liabilities without strict re- gard to the legal principles involved, says the current issue of the Far Eastern Economic Re- view commenting on the proposed Ordinance. Shrictly speaking, adds the to wide undeveloped territories in| Journal, it is contrary to inter- East and West Africa than to a national law applying to the highly developed commercial port is also a belllgarent cecupation of territory ke Hongkong. There

tho fact for the occupying powers to tendency to overlook

and to an liquidate business concerns, that economically

comment appreciable extent socially Hong- The full text of the

becoming more and more kong folldwa

In the Hongkong Gavermanent the centre of a gradually shaping Gazette of March 12th there in Suth East Asia blog and requires published for, general information spécial and particular treatment. s' Bit which, when passed, will be the necessary measure before the

preliminary Moratorium

Delay

люу

RED HOS RAIDED

An alleged Communist hideout...... in the heart of. Canton city was raided 37. the Police early on Wednes day morning, it was report. edfrom the. Kwangtung capital yesterday.

Sixteen men were arrest. ed, and more than 20 rities. and revolvers with a' consi- derable amount of aminti)al- tion, gaised.........

The Dolce expected to make further arrests" and"- have refused to divulga dë- talls of the rald.

Personalia

Toky, Mar. 18,

Mrs.

Some Easy Money

Tang Yuen-fart alias Hak Taat 25-year-old Chin- ese, who joined the American Army after the capitulation of the Colony and was wounded- while serving on the Burma Frant was, on. *: pleading guilty to six charges of burglary, sentenced yesterday by Mr. Justice E. H. WII- -- Ilams (Chief Justice), to a total of five years" :24 hard labour.

was

Clean Breast

The first New Zealand soldier, to take hi demobilisation In' Japan in order to settle in China is Sgt. Paul C. Savage. Sayage, former-staff member of the British Comuntawealth Oc Accused also admitted having Mr. Lonsdale said that on Cutillon Forces

newspaper | taken part in eight, other July 19, accused was convicted is, scheduled. "BCON,"

to leave burglaries and one attempted on a charge of loltering. Ho Japan joday for Hong Kong burglary. He requested Mr. was sentenced to two monthis" work in the "China. Mall,'

Justice Willams to take these imprisonment and

expellori Unitéd". Press.

offences" into consideration from the Colony. He returned when paaking sentence.

after a very short, time and ng by Pan- Leaving Hong Kong

Mr. A. Lonsdale, asisted by commenced the series of bur- Americo Clipper yesterday Det. Inap: Cochrane, prosecut gluries to which he had plead- were Miss Mariah P. Allen, B.ed on behalf of the Crown.. ed guilty. Gnoyd N. Concon Yvonne S. Elias, RL Moore, Property, valued at $20,000, stolen by nécused from High Allee, R., Nexon M. S houses on the Peak, at Repulse All that could be unid Sutton' and Mr. and Mrs. H. H. Bay, Shek 0, Aberdeen, Mount of accused was..that when Tonk"), (for Manlis), and F.

between Oct. and Dec. last. bredet of everything and took Smith and Miss Maria A. Rasa Davis Road and Bowen Road arrested, he made a clean (for Honolul0).

Only part of the loot, which in the Police to the scene of the cluded radios, typewriters) burglaries, Through his in- kitchen utensils. formation, a number of other Lord Listowel will broadcast from Z.B.W. at 7.15 p.m. to alcoholle beverages, water fit persons had been detained. Ac tings and crockery, has been cused joined the American recovered.

Army after the capitulation of The victims Included Mr. M. the Colony, and served on the The forthcoming weddings

II. Turner

Bungalow. Burma Front, where he have been anounced:

Shek-O). Mr. Jackson (Dairy wounded. Ho. returned to the Carlos Henrique Rodrigues, Farm Quarters). Mr. K.. A. Colony in 1946 and endeavour- Bank Clerk, 24 Ashley Road, Watson ("Hightide" Aber-ed to obtain a driver's licence, lat floor, to Estela Maria deen), Mra. G. Coxhend (1 Mt. but could not do so. When flat Lourdes da Silva, 48B Peking Davis Road), Mr. C. C. Ramsey money which was given him by Road, 2nd floor...

Luiz Alexandre Gomes, Pri-18 Fellx Villas), Mrs. It. D. the American Army became ex- Rowe (17 Bowen Robd), Mr. 0.1 hausted, he turned to "makine Warder, B.M. Prison Tillary (15 Bowen Road) and easy money." Quarters, to Lo Yaking.

Mr. M. D. Cooper (514A The Peak).

morrow.

*

“Jockey Shorts"

Some amusement wns caused

to

war

Mr. Justice Williams made an order for restitution Fra respect of property recovered and in the hands of the Police. As regards properly with the d pawnbrokers, this would have

the

.

Even If it were admitted that

they deserve cah be lifted. It intituled "An Ordinance to determine the degree the measures now under dis shite certificates,

the little or no carisideration. As the 10 accorded or válidity be

cussion were necessary in money payments made and debts economic or other interests of ortumble to the Hong Kong Bill of British liberated territories It is however, shows payments made, incurred during the period chechy occupation of the Colony difficult to justify a delay of two in such circumstances are tɔ, be relating, thereto." and a half years in their applica- given a degree of validity which arid matters

this legislation they

clothing. for Bills. almilar in principle were in. The facts us to the economie but published in Singapore and the and financial consequences of the would not otherwise have, but Federation of Malaya on March Japanese occupation must have the securities which were, illegal-

been fully known at least early ly released by the Japanese th and 10th, respectively.

restoration of Civit still remain under charge of the Three Bills represent the efforts after the

ven in, the of the British Government after Administration in the Spring of rightful creditors two and a half years of deliber- 1946, Could not the weary inter- hands of third parties to the ex ation to make certain adjust change of views which one must wat of the balance remaining un ving taken place discharged after the revaluation ments in the relationship between imaging us

according to the debtors and creditors in British have been accelerated and brought of payments

schedule. Far toort definite point by

The fundamental principles of berated territories, in the Ent to obviate the atelet appli- conference. In London between

Malays cafion of the principles of the law the Home Government and the the Bills in Singapore.

and Hongkong are the same, The of contract and the International legal and financial officers of the

The ease main difference arises out of the law of belligerent occupation on territories concerned?

which in these fact that in Singapore and Mon It was crystallised in the Hague, and speed with

dollar and the Conventiong of 1907 and sub-days of rapid flight commercial laya the Straits

concerns in the Far East confer Jupaniced ceruption' dallar circul- sequent evelopments.

As the Chairman of the Hong on questions of policy with their ate alde by alde at par, and

The wedding of John Phillips Offices

be proposed legislation provides that Kong and Shanghal Banking Cor-London Head

of unless the contrary be proved by Moyles, Merchant; c/o iteiss pora in zat in his annual ndd.commended to the attention

the Coloniat Office, as also might decumentary evidence any pay Bradley and Co, Swatow and res Tarch 5thy. "Whether or

well con- be the discretien allowed to the ment mulle before October Marie Antoinette, Faraon, took ng, Bria tox'gation is

on the spot to take the 15, shall be presumed to have place at the Supreme Court in Court when Mr. Justica Wil- to be redeemed by the claim- ecive Ju ur in equity the men

decisions and been made in Malayan, currency

and therefore shall stand, where. Registry yesterday in the preams, an expert on the Chinese anta.

remarked urgeat conesen of the publle and inltlative, make of the bank now is that the apply broad ideas of polley.

The pluth intention behind the as uny payment made on or after sence of John Robinson and E.pnguage,

Court Interpreter, who was protoriged

uncer. Guspense and

date shall be presumed to have A. Marshall.

interpreting, to accused, the tainty for which it is difficult to present pr. pused legislation is find any justification should be reqnave doubts, to avoid legisin-been made in occupation cur with the ut lion and to lay down 'simple rules rency and therefore subject to br:ught 1b an end

"jockey shorts" did not mean the certain exceptions shall be, re- At the Supreme Court Re-list of articles stolen. that ordered by Mr. F. X., 4'Almuda determination of

be confadated, ami ball: for the

valued. In Hongkong, however,gistry yesterday, the wedding shorts used for riding purposes, estreated wheh Lou San, charged most dispach."

and Habilities without Examination of all three Bills rights

Coliny's currenty of Edward W. Evans, Engineer suggests that they did not strict regard to the legal prin- although the

but that ciples involves Strictly speaking circulated side by side, with Offiter, Jardine Matheson & but referred to a particular with attempting to export the

bulliäni, falled tá apptár, Yen until, May 31, ginate in the Colonles they were conceived in Govern- fit is contrary to international law Japanese ment departments in London and applying to the belligerent occup-1943, up to July 24, 1942 there Co., Ltd. md Till Chow, 102type of underwear.

was an unofficial rate of ex- Austin Road, took place in the mbidled in embryo in modelatien of territory for the occupy draft ordinances which have buning powers to liquidate businese Change of one Military Yen, to presence of Captain R. Zajac altered to suit the particular circoncerns. In the case for glance one Hong Kong dollar, and from and Pinna Lo.. cumstances uf each territory to of the liquidated banks in the June 1, 1043, when the circulation,

Peninsula Hotel arrivals:- which they are to be applied. It Colony, the liquidators were not at the Colony's currency was pro hibited payments were, made, in Military Yen at an official rate of Peter Hughes, Adam Me is questionable whether many of the agents of the banks;

seized the private the fundamental principles of the unlawfully

Ilravey, Mrs. E M. Dalgifah, de funds

the banks, called in change of cne Military-Yen to

four Hong Kong dollars. In the B. d. Pearson, Miss U, Y. sired by the

extent to which-Hong Kong Bill there is no pro- Coulson, L. S. Price, Mrs. G. J. munities for whose apparent to the limited

vision for any presumplien qs to benefit they have been ordained, they paid out depositors in the currency in which payments Murphy. Mr. and Mrs. M. V. currency they were made, but the entries made HL Bichardson, Mr. and Mrs. but however well intentioned they or in cecupation

which they, were at the time of their con-upplied the moneys ception the long delay of two and took from debtors and the wealth in banker's books during the DC. Rogers, Mr. and Mrs. W, H, be regarded DE Schofield, J W. Mariner, Mr. half years has gone far to rob which they otherwise confiscated cupation will

and Mr. E C. Read and Mrs. It is obvious that in addition to. J. Ribeiro. them of the benefit which they to the enrichment of the Japan prima facie evidence.

La confer. Tolese invaders and to the preseculong ccasideration the were intended

basic quote again the Chairman of the ton of the war against the allies. principles of the Bills have been Hongkong and Shanghai Banking To quole the words of a famous the subject of very careful and

United States, detalled study;

Peninsula, deartures:-W. "A. they apply not Hogarth, Dr. K. A Cook, Mr. Corporation in the meantime judgment of the

and the Supreme Court"The debts can only to banks but to all classta the protracted delay inévitable changes

havenly be satisfied when paid to the of debtors, and creditors: and al- and Mrs. W. F. Masterton, Dr. taken place have greatly pre- creditors to whoin they are due, thugh, some of their provisions and Mrs. J. B, F. Fonseca, Mr. ludiced the recovery of debts to others by direction of low have the disadvantage of having and Mrs. G. M-Abbitt, Capt

Any aim which been conceived. in e which were outstanding before tul authority.

midgulded; and Mr G. K Shrawder and the unlawful combination may but manifestly

well intentioned the Japanese cccupation."

P. Krioll. have compelled the debtors to pay wish to help a minority section "No Dictation"

ori-

they

Bills were either needed or

commercial con loans and overdrafts and except

that

The question of the degree to

should

bo'

to its agents on account of debts of the community, a few only of

*

↓

Chinese DPs Arrive From Italy

Fifty-one Chinese displaced persons from Italy,

repatriated to their home province of

reklang

Geld to the value of $22,669 was

at Central Magistracy yesterday'

tö

$50

MA

POWDER

FORMULA FOR IRFANTA

CORPORATED

New controlled maximum retail price $6.25

Exclusive Adants; ;

311 York Building,

CORDON & COM

BET TO KNOW.

Teephone 22841:

to loyal citizens can not have whom. deserved consideration. which uniform legislation frame effect upon their obligations: they their honest intention to achieve hoped that, the new Ordinances, In London can' and applied to the scattered parts of rimain subsisting and unimpair a balance of equities, and a win-will be enacted without further The debtors redress in law plincation of the tangled skein of lois time, so that the further

•the Empire is cne that very id," closely affects the future of Hong should be in reparations against the relationships between debtors Ordinance for the lifting of the Japanese who despoiled anit creditors warrant their ac- Moratoriunt shibuid be on the kobg. As long ago as 1921 Mr. the

In the ordinary course of Wihaton Churchill said "It would then.

If legislation were starts on the second half not be possible to govern the business such debts would have bargedy, legis it would statute book, well before the com- AGAIN ON SALE AT ALL PROVISION STORES

Downing been. and in practice already further delayed and it is carnest- of ite financial year. British Empire from Street and we do not try." This have been the subject of compra- attitude was affirmed by Mrmise arrangements between the banks and their customers. The Malcolm MacDonald in 1939 and in 1940 in his exposition of the wheels of commerce had to go principles of the Colonial Deve-round without waiting for lega lopment and Welfare Bill. when lation. The main purport, of the however, is he said "From London there wis present legislation. be assistance and guidance, but to validate, in some cases wholly ny'spirit of dictation. The new and to other cases partially ac a graduated scale. policy of development will involve cording to

to Liquidators no dirogation from the right payments made and privileges of tccal legislatures, during the period of the cecupa upon whom rests a large measure tion; that is compensation is be- debtors not from of responsibility for the improve-ing made to ment of conditions in their reparations, but from the banks

and and several territories'

other creditors in general. upon

It appears from investigations whose co-operation the Govern- ment count with confidence. The that the greater part of pre-war whale effort:: will be. cno of obligations will remain unaffect

the matter of in.The group, which spent the Before departing for "home, collaboration between the author- except in

war years in Italy,were; Mr. Lou Sin, leader, and apokes trak in the Colonies and those terest: These debtors who were at me there must be ready absent from the Colony," In cap rec-ignition that conditions very livity, or who succeeded in avoid transferred to the ss. Shebigman of the group, expressed orKing" which left for Shanghai deep gratitute for the","kind" greally from Colony to Colony, ing either.

Ka treitaiunt they Hấu received on and the Colonial Governments, temptation to pay

Japanese currency Arrangements for the r the "Struthuvar" and "request"| who beat know the needs of their even though own territories; should enjoy became worthless in their hands ception of the repatriates were ed this expression of gratitude widh Inilludé in the initiation arid are still' under a legal made by the Hong Kong:Branch | be convéyel'ió bath the Director

to pay their debts in full. execution of policies."

The economia and social develop to simple interest being charge meat of the Empire, however, able uf, 4% per annum during the occupation, perite instead of Jumtitles, a certain, meABUND

fafgance, but lately, there hit the stipulated rate unica the been a great increase in the Court on application by either circulation of model ordinances party sees it to order a varza

Tuah which altempt, a greater

of "centrulation and regime) affing thanhi may be Justi

| Ravines, regard to the

elitunliances of each par

paratory

under the auspices of the. UND Commission, International Refugee Organisa, tion, arrived in Horik Nong aboard the H.M!T: "Strathnaver" on Wednesday.

any comidatera the same day.

Office of the UNFCIRO in col- of the FCIRO Hung Kong and inporation with the Chirlese the Commissioner for the Chin- Ministry of Foreign Affairs, ese Foreign Affaite Ministry in Kwangtung and Kwangel Hong Kong. Ofito, Food and other nebes aitles were distriliited on their arrival. Pre-War Debts *Welcoming the rep The Bills affectin comparative the docle were

minority cfprewar Hin PEIRO:Medical Off

MP4 MP. EJWin, McDèfmbttiA laced

|anu Trithedői

debtors

Fish have

*Tig pitiumir needs" of Hong; in such a position kong are not, infrequently over cult

other Flated"in" the "application of rente.

dapted who did

Hong Ko Icepted

than

Reminders

Jaldo's Waterbegt Co., Ltda.

Frakch „Society of Art and

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