1949-12-22 — Page 15

THE CHINA MAIL, THURSDAY, DECEMBER 22, 1040.

Legal struggle for

BUTTERFIELD & SWIRE possession of airlines opens

CHINA NAVÍGATION CO., LTD.

BAILINGS. TO Tientsin

p.m. 25th Dec.*

"YOCHOW" "MAUD"

Singapore, Sibu &

Brunci

5 p.m. 20th Dee.

"SHENGKING"

Keelung

5 p.m. 28th Dec."

"РАКНОГ"

Bangkok

5 p.m. 29th Dec.

"PRODUCE"

Yokohama, Nagaya

Osaka & Kobe

"

3 p.m. 1st Jan.

"FUKIEN"

5 p.m. ist Jan.

5 p.m. 8th Jan. Custodian Wharf.

20th Dec. 28th Dec. 20th/27th Dec.

*FOOCHOW"

"HUPEH"

"SHENGKING"

"PAKHOI"

"PRODUCE"

**FUKIEN"

"WUSUEH"

Yokohama, Nagoya

Osuka & Kobe Singapore, Macassar Sourabaya, Samar- ang & Batavia. * Sails from

FROM

ARRIVALS

Tientsin

Kochung

Habr & Recline Bangkok

US.I. & Straits RIVER SERVICE

Hongkong/Macas Dept Hongkong

2 p.m. daily except Wed, & Sun.

29th Dec. 30th Dre.

Macro/Hongkong Arr. Hongkong 7 a.m. Tues., Wed.,

Fri & Sat.

6 p.m. Sunday

BLUE FUNNEL LINE

Scheduled Sailings to Europe via Aden & Port Bald. "AUTOLYCUS"

Marseilles, Genon,

Liverponi & Glas- KOW

"MENESTHEUS" Dublin & Glasgow

*CLYTONEUS“

A-7 Sails 24th Dec, 6th Jan.

...N. Africa, Havre &

Liverpool

7th Jan

ARRIVALS

FROM

"DEUCALION"

U.K. via Straits de

Manila

In Put

"ASTYANAX"

UK via Straits &

Manila

3rd Jun.

"ELFENOR"

IK. via Straits

"TROILUS"

UK. via Straits

"CALCHIAS"

3rd Jan. 9th Jan. 10th Jan.

"MENESTHEUS”

UK vie Straits

NEW YORK SERVICE

Arr. from USA.

via Manila

.....

Carriers option to proceed via other Ports to loud & dincharge cargo.

2nd Jan.

AUSTRALIAN ORIENTAL LINE LTD./CHINA

NAVIGATION CO., LTD. JOINT SERVICE

"CHANGSHA"

"CHANGTE"

("TAIPING"

*CHANGSHA”

"CHANGTE'

"TAIPING"

BAILINGS TO

Sydney & Melbourne

KUEP

3rd Jan. 7th Jan.

Sydney & Melbourne

ARRIVALS FROM Japan

7th Jan.

31st Dec.

Australia

Japan

4th Jun. 4th Jun.

All the above subject to alteration without notice. For Passage and Freight particulars alease apply to

1. CONNAUGHT ROAD CENTRAL

Tel: 30331/8 Private Exchange.

50. Connaugh! Rd.West. 25875 32144 24878. BRANCH OFFICES: Chater Ad. Cable and Ulireless Bldy 27160

LU. S. ORIENT MERCHANT LINE.

SHIP

"ELOY ALFARO"

"PANAGHIA, K" "CLED"

"AGATHI"

"ANDREAS"

SHIP

"CLEO"

"AGATHI"

"ANDREAB"

ARRIVALS

FROM

HOUSTON,

DUE

Discharging Buoy A.11 NEW YORK & HOUSTON. Late Deo. NEW YORK & GULF PORTS, 1st Half Jan. BALTIMORE, NEW YORK,

& PHILADELPHIA. HOUSTON, NEW ORLEANS,

& NEW YORK.

SAILINGS

то

MANILA, -do-

-do-

2nd Half Jan.

1st Half Fob.

LOADING.

Mid Jan, End Hatt Jun. 1st Half Feb.

W. R. LOXLEY & CO., (CHINA) LTD.

York Building

AGENTS.

Tel. 34165

(Continued From Page 11

Mr. Potter said the position of the plaintiffs was quite simple. They hari claimed in the hearing before Mr. Justice Could that they were the recognised Government

Rediffusion

A.M.

7:00-Up- WIL: The` Bồn 27.18 Betting-Up Baralan,AS

7.86-Munkal Clock,

1,44-The Ilanson : Lighter Programma. 8.00--News And Weather" "Forecast: 8,15-Chrütmas Calendar. 8.30——Moreira, Music, 2.*)-Consola Keyboard. 10.08-Musle The 'All;

11.3-Walta Time.

First, what is the position of a "It would be extraordinary to recognised state or government allow a government which has which sucs in our courts? Mr. been dismissed by its own people Potter sald that technically the to take the State's assets outside plaintiffs in this case were en- its territory," counsel declared. itled to sue, but they were liable

Counsel quoted from numerous of China, that this was their pro-to every defence that the other authorities in support of his con- The Four Knights.

side could

tentions, after which hearing was 11.16-Parade of Rhythm. put forward perty, and they must got it. They

today P.M. Second, what is the effect of o adjourned to 10.15 am. cerendants should stice that revolution in a country with when Mr. Fotter will resume his

address. which we are at peace?

heard.

not even

Third, can any government, when driven from its territory by a revolt of the people, continue Mr.to function in a foreign country

outside its own territory

"Their case

had at least the merite of simplicity and equally the demerits of ignoring entirely what

happening," said Potter.

"+

RADIO

AD

pet Arentid

second it

Mr. Potter submitted that the Drawing a disünction between

Nationalist Government of a case of war, where a country was friendly to Britain as an ally,

China has

has no right to function Radio Hong Kong' hardens autalde its own territory.

treaveney of 644 kllocycles and where a country was invad- ed. Mr. Potter said that as

Fourth, hir

does the constitution of and on 9.82 megkertiza pet arguments developed, the dis- Chinn permit its government to the 1 metre band. tinction would be found to be function outside its own territory H..T

P.M. most acuto.

(a) when the country la political-

18.00-"Tiong Rena ly disturbed in time of penes; and (b) when it has been expelled by 13.82-Light Variety with the Hot Club revolt?

Low cloar

"international law is clear that case, and our law is clear. Mere invasion by an enemy is nothing more than milkary oc- cupation. No change whatever takes place in the Government of the orcupied territories. The law stu functions. their heads of government are still heads of government, and that is the post- tion until the end of the war," rubmitted Mr. Poller.

If the constitution of Firth, China does not authorise the gov erminent to function in

Talwin, rutside China, can this court vest The Nationalixt Government 01 China with power to proceed in thin action?

Bixth, can the Nationalist Gov- Stite property ernment remove from China or elsewhere, result- "But in the ease of a revolus

ing in depriving the people of tion, as in this case, the position China of the use of such pro- in law is catirely different. Reperty? volution is still n recognised

Seventh, if removal of such pro- mode in international law, and perty is proven to

be unlawful change of government could be by the laws of Chinn, can this brought about by constitutional

court prohibit it? drastic menna or by the more method of revolution

ת

Mr. Potter added that this was not high -power

oratory but plain statement of low. Any gov- ernment holding property did

The

sources

30

In international law the post- tion in this. In the case of a res volution a new government is set up, depriving the old government trustee for the people only. of every shred of authority

"In this cose the government has had to flee the conuiry. The authority of the old government guno. Although ans completely it may still be recognised de jura fay Great Britain and other na tions, all the effect of that is that Leverament may technically be entitled to appear as plaintiff in Un court, but will be met with every defence,

said Mr eighth point, Potter. is, are the National Re-

Commission the proper. people for these proceedings? Th only

he said. people at læsue, seems to be the Nationalist Gav- ernment at China.

"That, said Mr Potter, tha difference between revolution and Invasion.

"Are not thong problems of And the gravest consequence ? Is it not absurd to say that thie le a dishonest case, and we have no defence?" asked Mr. Potter,

Facts of case Continuing, Mr. Potter said that unless the court discharged the Injunction in favour of defendants he would plend the points of his

Mir

Giving the facts of the Caso Potter sald that our great neighbour, China, with whom we are at peace, has been swept by a revolution. The evolution was directed against the National Government of China; and the re-

Mr. Potter then qunted exten- alvely from legal authorities in support of his contentions.

"A fallacy"

Dealing with his second point namely, the question of a revolu tion in a country with which Bri- tain was in friendly terms. Mr. Potter submitted that according to International Inw country had « right to bring about any form of vovernment they wished,

either

by revolution or by constitutiona mears.

If a revolution succeeded Inald

Au-

the country concerned, he went on, then it means that

the thority of that previous govern-

ent is destroyed entirely.

government

me Bummary.

of France.

Calling"-Programme

1.00-Tangor and Walter.

1,10~~News, Weather Report and An

hdancements,

1.2B-interlude.

1,80 "From the Rbows", 3.00-Clown Down.

4.00 "one Ku

me Bumtekry.

Calling"-Program

4.02--Children's Christmas Half Harm

Ellabeth Annn

Prevented (Studio)

by

8.00-1

Bemi-Heure

18tudio)

Francabe

7.00-World News mal blewa Anniyala

London Relay) 7.10-Sport Review. | Buudio1 1.80—"Variety Band Dox"-Prom

Cambridge Theater, (BRCTA)

8.00-"From the

Relay)

Editorial"

the

#krr

London

1.10~" Dancing Time" with the Orchester of the Royal Air Fores Dance Orch. 8.40" the para" Yerli "il. lalto" Acts 2 and 3 Strincipals, Chores and Orchesten od Ln Ben's, Milan Conducted by Einric

Anna.

B.40 Andre Kostelanta

Orchestry.

IL

1000-Radio Steel. London Relay } 10.Weather News Report, 10.)6-"The Makina of a Ving"-"Light- ina, Dressing and Decor" (BDOTA; 19.70-,**Thursday Berwande" --A

12.-11.K. Block Exchange.

12.35-The Maula of -Christmas. JR.US-Free The Films,

1.00-Light Variety,

1.35-Nowx.

1.30-Orchestra Of The Wrch,

2,00-Variety Call The Tune.

4.1-Tropicana.

4.2. Voemily Yours.

4.03Mezele Makeroilarry Juizen, Joe

Daniele Orchestras.

6.15 Children's

. Brits.

1,30-Movis Time.

Corner-with Bolly

~Music by Paul Weston, 6.1-Men Behind The

Biestory and Mustrative of the Cuban composer, Lecuona,

Page, I

P&O B.I. E&A

COMPANIES

PENINSULAR & ORIENTAL S.N, CO,

PASSENGER/EPRIGHT GRAVIOR

OUTWARDO.....

88. "CARTHAGE

"COBUTES"

* "CANTON"

Via Southampton,, Puri,

HOMEWARDS

A "CANTO3" B. TEARTEACH

Nekady-The

musla

A "CANTON-

Emrata

16 “CARTHAGU

64 "CORIU”

8.10-Norman Cleutler and hie Musis.

7,00 –B.R.C. Nawi.

1.15min Awhlie,

7.80"Ron Bouvenirs". 7.48---1isten to Leibert,

2.00-Let's Walta.

8.18 The Super-Cola Programmnu-The Awartw! Rerenadera and Char- Jes fordan, Twor,

6.40-fusion Педнете Ahow-Con

ducted by Jhokie Palmer,

9.00-8.NG, New.

9.1mBouth Americana.

1.10 Leat News,

9.30 Reunion Christmas

Concer

MATRAC

Symphony Orebestes conducted by Rylenn Levin playing the of Christmaatide. 10,00—“Bury of the Carola" (5) 10.15-Handel's “Mexzfali"-Royal Choral

Society, Philarmonie Orchestra, Conductor, Bir Malcolm Sargent -11.B.C., Reing. 11.15-"Nadia Rhythm

From London,

[] 46-The Carol Bingefu. 12:00 Close Down,

KTREET

Club"--Relat

< Conttavuutm M Arranged by Betty Brown, 11.00"Boft Lights and Sweet selc."

11.1 Weather Report, World and Home

News

from Britain. Recorded Lordon's Relay).

P14,80

God Bare the King.

Close

Duwn.

KMA daily output gradually increasing

The total output per day of the Kailan Mining

Administration is gradually increasing.

Since the Communist occupation, the figure has

reached the 4,000-ton mark, which is higher than when the Nationalists were in control.

Referring to the opposing side's

This was disclosed by Mr. Chinese passengers, Sho had 1,730 content contendons that there could be nn S. S. Mathieu, geologist and tons of cargo and 38 mail bags for nnawer to their claim because consultant engineer of the the Colony. their clients were the only re- KMA, on his arrival here yes-

Among the foreign arrivals were counsel contended that this was a cognised government concerned,

three residents of Peking. They ed, terday from Tientsin by the

were Mr. K

K.R

Sabarwal, return- mv. Yochow, on home leave.

where he will pro- Ing to India rult has been so successful that Inilacy. That government, he "When I left Kailan, there were bably become professor of Japan- the seat of the Nationalist Gov-argued, which has been stripped 15 foreigners

carrying on

the ese in an Indian University, and a e.nment has had to be removed of all authority has thus no au-

work. Some will be returning German doctor and his wife. first frein Nanking to Canton. thority to make any functions after leave: that is if they are

There were a group of "eva- thence Chungking and then to outside China.

permitted to return," he said.

cuees" who loft North Ching un- Chenglu. It did not stop there,

As the previous

Mr. Mathieu arrived with Mrs. der the sponsorship

of

the In- And it has now gone to Talpeh had been stripped of all au. Mathieu. Both will leave for Bel-ternational Refuge Organisation. in Taiwan.

thority, counsel continued, hlgium after the Christmas holidays

The Chinese passengers includ- clients. who had been givor As with most foreign arrivale ed many people from Shanghai, unimpaired powers by the new from North China, Mr. Mathieu who had gone by railway to Tien- municipal laws in China, are affirmed that the foreign com-tain to board the Yochow. entitled to dani with the asset munity is left alone by the Com- According to one of the per- of China.

sonnel of the British ship, there Mr. Potter declared that one ***Everything is all right up were still two or three foreigh must not

not confuse the State with there. We can get what we want, ships off Taku government. No matter what form of course with some difcuity. But waiting for loading of cargo and Bar, apparently of govemment a people took, or in that is to be expected under pre-passengers,

manner, the State always sent circumstances,” be said.

Told about the recent Nation- remained the same. He asked how The KMA is being rehabilitated allst threat to mine a'l North China ports to further enforce the blockade, the informant said: "Perhaps they may be able to block the Yangtse with mines. But Taku Bar is so wide that IRO evacuees

unless they have plenty of mines The British coaster arrived with it will be impossible to stop the about a dozen foreign and 240 blockade runners." he said.

forces.

to represen

what

A

munists.

a government not my more re-on an extensive scule and produc- cognised in China-having beer tion 18 improving day by day. stripped of all authority could He agreed that the output will come into Hong Kong and be im- increase further. mediately vested with full au- thority to claim assets here of the State.

What is the position of Talwen? Baked Mr. Potter. In his view, which was supported by those t world statesmen like Mr. Ernest Blevin and Mr. Dean Acheson. Telwan was part of thô Japa- nese Empire, at present under military occupation by the Chinese The displaced government of China clulm still Ching, notwithstanding that it is functioning in Taiwan. That, saki Mr. Polier, raises a tremendous problem in international law. The Nationalist Government was no longer functioning in China.

By its three actions in court is bad tried to seize assets enor

rous value. If they obtained pos Counsel as an instance asked bersion of these nusets they would the Court in take the case of Mr. Australian take them away, depriving the Chifley, the former Chinese people of this property Prime Minister, Counsel said that They were claiming the right to it would be extraordinarily ab- sell these naseis to private insurd for Mr. Chifley-having lost stviduals assets belonging to the the elections-to come to Hong Chinese people, though they Kong and here bring up a

claim claimed to be the agents of the for assets against the Australian Chinese people.

Government. He would not be After quoting from plaintiff's recognised as the agent of his case Mr. Potter said he had eight government here any more in points to put forward for argul view of the change of govern-

ment. They were:

ment.

& Oriental

IN

STOCK

THE "VICTOR”

Fire Proof Safe. Cabinet Built Especially for the Safekeeping

of books, documents and other valuable records

LEAVES LONDON

Raited

17th Janary

9th February

Sald, Adam, Dosthety,

Exexpon LEAVES RONGKONO

Fard-December Rist JandarT 17th February

17th March

19th April

1815 May

DUM HONGKONG

18th January

19th February' 18th March

Colombo, Penang à

DUR LONDON Bird January 10th February

SOLN MATCH

17th Apri

13th May

Irth June

Vis Omgapore, Penang, Octombo, Bomber, Aden and Fors Ball

OUTWARDS "BORALI

FREIGHT BERVICE

DUR HONGKONG

14th January

8th February

FROM

Landon & Continent,

Al akipa proved to Keba # Takohums.

HOMEWARDS

1. "BURAT"

A. "HORALI“

LOANS BORDEONU POR

1th JuneTY

10th February

Renon. HataniTHER,

London, Hamburg,

Antwerp & Botterdam.

Yi Singapore, Port Swittonhem, Naana, Oolombo, Tombay, Alen Port Bald.

FITTED WITH CARGOOAINE & PRIKOLD VENTILATION, TANKS AVAILABLE FOR Garriage OF OIL IN BULK. SPACE FOR REFRIGERATED CARGO. LIMITED PASSEN- GER ACCOMMODATION.

BRITISH INDIA S.N. CO., LTD. BIRDHANA”

"TAIREA”

LA "BRIRALA"

In Port

nila. 22nd for Japan. dte 10th Jan,

anila Erth Jass,

due 15th Jan,

"SANGOLA”

pailu 1st Jan, due then,

anih 26th Jan.

from Calcutta via Bizalla

Rangoon,

for Japan.

from Calonita vin'Straste. for Calcutta via Strulle from Calcutta via Strait & Hangoni. for Japan,

• Then this bare Befrigerated Cargo space.

PRO./B.I. JOINT SERVICR

OZARDA'

due 2nd Jan. from Japan,

4th Jan,

"FURNEA-

ne

2nd Jun.

+ Gth Jan,

14. "LANDÅURA”

# "PUNDUÀ"

due and Jatt.

due early Feb.

TOTERORANGE" dua end Feb

for Btraite,

Потоку,

Karachi & Persian Gulf. from Perlan Gulf via Bombay & Braits.

for Japan.

from Paralan Quit vie Bombay & Biruits,

from Perelan Cul vie Bomber Stratis,

from Persian Gulf vin Dombay & Strate

• Accepte cargo on through Blity of Lading for Persian Osif Ports. EASTERN & AUSTRALIAN 8.8. Co. Ltd.

* "NANXIN”

• "NELLORE"

due 20th Des.

duo mid Jan.

"NANKIN→ →

Bulls end Jun

from Bydney. Brisbane, Pert Moresby, Bandakan 4 Manila. from

boarde

Adajaido, Bydwey.

Mol.

Birke

bane, Port Morwby &

far Port Moresby, Bria bane, Bydney, Hobart, Melbourne...Adelaide &

Fremantle,

• Accepta catro for New Zealand & Faciň o island ports on thương h

· bills of lading.

For full particulars apply loï-

MACKINNON, MACKENZIE & CO.

Telephone Nos. 27721-4.

ISTHMIAN LINE

(lathmian Steamshly Company, New York)

DIRECT MONTHLY SAILINGS TO NEW YORK

VIA LOS ANGELES AND PANAMA

“STEEL ADMIRAL” "MEREDITH VICTORY" "QUEEN'S VICTORY" **STEEL ARCHITECT"

* Tanks available for Bulk Oll

LS FROM US. ARRIVALS: FROM U.S.Aï

1st Jan.

.25th Jan.

1st Feb.

.14th Feb.

"STEEL AGE":

8th Jan Salls for Salgon, Bangkok & Batavla 9th Jan. "STEEL WORKER”

1st Feb

GILMAN & CO., LTD.

Tel 31140

Chinese Freight Agents:—HIN FAT & CO. LTD.

Tels: 28823, 25553 & 28483.4.

THE

NEW ZEALAND

INSURANCE

COMPANY,

LIMITED

For Insurance

with Service!

BRANCH OFFICE:

Queen's Road, Central,

Hong Kong Phone: 30059 or $1681..

Peninsular

SAILS1

OQUIS HOS SEPARADIT

STEAM NAVIGATION COMPANY

R.M.S. “CANTON ”'.

NOTICE TO PASSENGERS

FRIDAY the 23RD DECEMBER at 5 PM. for the United Kingdom via Straits, Colombo, Bombay, Aden and Fort Said,,

BAGGAGE: ALL passengers baggage must sent to the Hongkong & Kowloon Whart Co.'s" Godown at

· No. 2 GATE, CANTON ROAD ENTRANCE, by 4 p.m. on THURSDAY 146 22ND DECEMBER.

SPECIAL NOTE:

With the exception of hand packages corried by passengers themselves "ALL BAGGAGE must pass through the Wharf Co's Godown for loading.bn board by ship's slings only."

MBARKATION: SK

Will take place between 2 P.M. and 4 P.M. on FRIDAY the 23RD DECEMBER – MACKINNON MACKENZIE & CO.

AGENTEN (Tol: 27721+4);

બ

VARIOUS SIZES AVAILABLE SOLE AGENTS:

DODWELL & CO., LTD.

Alexandra. Buliding,

Tel. 20038

SWEDISH EAST ASIA CO.,LTD.

ARRIVALS FROM EUROFE

m.v. SUMATRA”. m.v. "NAGARA”

15th Jan

25th Feb.

SAILINGS TO EUBOFE

mv. "BALI

4th Jan,

ADEN, PORT BAID, GENOA, MARSEILLES, TANGIERS, CASABLANCA, ANTWERP, ROTTERDAM, BREMEN, HAMBURG, COPENHAGEN, OSLO⋅ & GOTHENBUBG

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