1949-12-23 — Page 3

LEGAL ARGUMENTS OVER GOVERNMENT OF CHINA

IN

SUPREME COURT CASE

On the second day in the Supreme Court legal bottla aver possession of aspots of Chino's two large airlipos and pf the National Resources Commission, the Hon. Lap d'Almaga, KC, opqned up his caso by main- taining that while the assots were admittedly the property of the Chinese people, the people were represented by none other than the Nationalist Government.

4

Fees

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Today

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Mr.

Eldon Potter, KC, at the start of yesterday's session in the course of his address made a suggestion to Sir Leslie Gibson, Chief Justice, to consult the Colonial Office for a ruling as to which should be regarded as the "de facto" government of China.

Mr. Potter, qppearing with Mr. Percy Chen and Mr. B. A. Bernacchi, instructed by Ford Kwan and Company, are representing the defendant employcos of the three concerns for the dis charge of the interim injunction order by Sir Leslie in chambers last month. Plamits in the action are proven to be unlawful the NRC, the China National laws of China,

Aviation Corporation and the C'est

2009 alon. KC, Mr

by the

"I the National Itesuurtes Al Transport Co-Commission the proper plaintiff n this action? I wontet mabel that the true plaintiff is not the Commission, but the Republic of China," My Pottys declared

Mr G Sheldon. leo d'Altnuda, KC, John McNeill and Mr

Instructed by A. Wright,

for Wilkinson at Grist, are ast the plaintiffs.

and monine, al

HAI Kat 7.1

Sinch and Chasin

And

HAY folent 1s

em.

Sters 2.

14

St Jean

grafrat Govrintout

po Calla

En Cut

speeding The prent care

the anunction against at Omers; the yees of the Computsalon.

two matters having been ulher

iitil agreed upon to stand over

the notice.

The

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THE CHINA MAIL, FRIDAY, DEOPMBER 23, 1049.

FATHER CHERZI

Father Gherzi lectures at Club Lusitano

Volunteer Carrier Platoon hold exercises in NT

For the past soven days 28 Hong Kong University Undergraduates, who form the Carelor Pla toor of the Support Company of the Hong Kong Defence Force, haya bean staying in tha.... Middlesex Regiment Barracks at thair Camp near Fanling.

They have been under the instruction by Lieuten- ant T. Sorby, of the Hong Kong Defence Force, Sergeant Finnis of the Middlesex Regiment and Sergeant W. J. D. Ride of the Hong Kong Defence Force and have learned the rudiments: of warfare and the handling of the carriers. and various guns in their charge.

Tere!

were

Yesterday, in the hills round, whole day and night yesterday or Fanling they showed to the Beld exercises. They slept in the called upor commanding officers and mem- corn bers of the local English Press throughout the night to repuli waginary enemy attacks and aid and he knowledge

tactics

da Infantry "uTLAèks. which they had absorbed dur 'ng their training in the Hong Kong Volunteer Défence Force and during the past week wher they have been living under the same atmosphere

ulur soldiers.

All of the 28 members of the Pintoon said that the work during the week had been very strenuuts but enjoyable.

They added that they hud ber as re-treated oxtremely wall by th Middlesex Ticument. The only things they could not get used ??

the queue-up et was

The scientific work of the Catholic Church in China, the Zikawei Observatory in Shanghai, is only the continua- tion of similar activities on the part of the Jesuit Fathers of the Portuguese Mission at the Gherzi,

time. Father Imperial Court in Peking cer Director of the Zikawe! Ol servatory, told the Portuguese Institule of Hong Kong lecture at the Club Lusitan

Turtes

ago,

has beeli

wherring

"Chow

GET IT AT THE DAIRY FARME

Fago

Come On In With Your Xmas Orders NOW!

We'll Talk TURKEY

AT

$3,00

a pound!

When asked as to what they ut The Dairy Farm, lae & Cold Storage Co., Ltd.

In their spare time at Camp, al' the members of the Carrie Platoon answered a one man "We

have no spare time. We got up at

XMAS HOLIDAYS

The Corrier Platoon had use of even carriers yesterday. Each carrier carried a two-inch mortur, Sten gun and rifles for the usual Each of the carriers can work five-man içam. 461 # unit

but yesterday they com- bined to carry out the exercises The carriers were equipped with

to continue with maintainance in adio which kept them in contact the evening and then have the evening. We are so tired at with each other.

The Carrier Platoon is self. the end of the day that we just BUTCHERY & PROVISIONS DEKARTMENTS. Biven by flags whenever possible.

to defend itself fall into bed and sleep till we supporting,

ing."

able to

Signs

Watc

In the morning. work until

He coludest by asking that the judgment be discharged in his favour. Tatling which the ran

yesterday.

Father Cherzi, who would be proceeded with to thi

European by many the decorate: Buy

•I would

ALALTE FUT conclusion.

governments for the part he has assuring safe Ineviga- 1051 thin that its rullfireutat

pisen b 121 CORRER

on in the Chita Sen approaches whether

recognition

his timely and with Mr Potter, continuing his dd-not" consel added, in reply to

a question trun the Chase May dress from yesterday, went on fo has third point, namely

thee. Mr. Potter said that as twentier forecasta, ta temprarily necessary. However each har wakened at six rext morn- In Hong Kong. He intends to re-fantry Unit has a Carrier Platoon when cunitions which lds lu reconnaisance and affords flanking protection to the the question of the status of Tais question as in whether

LLI, II

well known the turn to Shanghul Will ernment, when driven from its governmej

was legally Juparse, but permit trritory by a revolt of the people, and

that he would leave the matter fatetion in can continue to

its own entirely to the Court foreign rotmntry outside

the afternoon. Mr. Beras 1 ten

Quoting from legt author testi on the same side opened up with comparisons of vation -

certain

JY SURE support. Mr Potter abmatted

-devils made by

1.

Buently

Al Futbol

S

ادر

the

Pemula Hotel

1 Govettituent of

19 pro

He and

Seque

K...

1,

Eve Maneg

IT TRIU were sm

SL

A pure

(

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Atas

75.

Fight

wath

Secul fo

Church hatt, M! at! Holy Comisation

Ey m Chardmas

4 ระ 1721 these.

the other

SUNDAY

16.30

Coneert, 50, 11 Clussual Bluetunnet Row, 8.30 12.

Up to the Court

nay

19

in

Not denied

of further the COUSCO In

■ubmissions, Mr. Bernacchi telp the Court that thoir allegation the question ka ta Turning to

af whether the constitution

that the property in dispute it property of the Chinces the China permita its government to

deled by the people la not outside its own ter function ritory, Mr. Patter, referring to i Segal authority, said that this

otline side. Opening

up

his

Me

847

However everyone ol them agreed that the experience had done them good and they would

1 a well-attended lecture the advancing infantry in actual war not have missed the opportunity.

'cuer

го

farc.

the

Lesson learnt woll

craft led

Man sentenced for attacking wife, stepson

All Branches &

Windsor House

HOURS OF BUSINESS.

DAIRY DEPARTMSMT

Lower Albert Road East Point Branch Kowloon Branch Windsor revir Annexe

Poak Branch

[Xman Exo. 24h (25120th

(Tuscday, 27th

closed all day Open untļi 9.m.

F

9 a.m. to 11 a.m.

Xmas Evé, 1 Dec. apen until p.m. 128th, 20th & 27th

Ropember

(Xmas Gvs, 24th Dec.. (26th, 26th & 27th (December

COLD STORAGE DEPARTMENT.

East Poing

Connaught Road Central Danton Road, Kowloon

ICE SALES

Lower Albert Road Pottinger Strpet

Peak Branch Kowlogh Branch

keverett Father said Portuguese the planeers brought to China

Its 041- Christian civilisation pn

The Carrier Platoon showed urety This civilisation was dit-

R has absorbed training how fused by them not only

yesterday. The handling of the carriers left little to be desired. that the pession is clear that is

the moral and religious trea-

was to great to: ' .

No obstacl not possible for the Nausmalbea woth sklo, connected with the lation to trady, but in relation

sures of Christingly us well. CHIRD

to Simetlar muites, Heleriing that o

and no hill was too overcome The Fathers of the Patronade unless two requisites Lum,

Dergure 292- Mi

stoep to climb. The handling e The M.

Portuguese in the Far East, the

For attacking his wife and if its owni

Colonel J. G Fust.

Liu Hun-chang

with a Reverend Gherzi saiti. wished to to betemel, of Mr. thas

the

Floher, Senior Staff Officer of 11-month-old stepson National He permis .com latestirat)

LE son chairman of

the show to the Chinese people that secondly,

aslid Commission.

goes hand in hand done, and

the Hong Kong Defence Force, chopper, Lau Plu-yin earned Catholicity

who was present at the exer himself a term of six months' would not be recognised with real and total science. -overeign authority in Taiwan has sources

The hard labour when he came be- cisen yesterday, to say And by total science we meau by any Court in the territory ut

Lum puta, the

does not only a Selence which

bays have learnt their lesson tore Mr. J. Wicks at Kowloon Phases and tagok at 5 pm,vited the Nationalist Govern- others

the existence Forces aliment to function there.

well and have shown vast im

yesterday. mvestigate Counsel contendent that the onus China. As Mi

provement in the handing of

Defendant admitted the charge side to prove sets are criminal.

thing, but also the reasons d the ultimate cause of the exis-

the carriere"

and rubmitted that his wife had of these material things,"

Lieutenant Sorby and Sergeant it him first. The prosecution East Point

the Under- he added.

Fibula

stated that the couple had been also praised

sl months. assunod The wrongly To

has killed graduatea, saying that they were associated only fer 'science slogan that

willing workers and ever eager to They were on bad terms within of Peking w the Jesulta religion.

the Continuing,

prosecution nt later of Zikawet replied with learn. They had proved very en-three months of their marriage. the much more correct moito that thusiastic, efficient, alert and could

knowledge of adapt themselves to, any circum-states thing Lou Ping-yin olter little while

assaulted his wife. On October 28, from stances, use

sclence tends men

The Platoon began their week Lau came home and asked for knowl- the variouod, a fuli and deeper was purely a question of fact, u'Almada repiled to

Bernacchi

Hege of selence brings them closer of Cump training last Friday and his evening meal. His wife told Kansu Street, Yaumati

They spent the him there was none as she had to the Court to contentions from Mir.

it ends today. to him," Father Gherzi said. in respect of the lufidavits. told the Court that he was con- eernet as lu whether the injunc don the defendants had obtained Mr. Juallet Gould should 'roin }', 'll let Reva expert on Chinese laws.

be contined.

Mr Could made his order un J. H. Ogile, 730 p. Forem Volter pointed out that Mr. Lain. hir interpretation of the con- "At Hou" to Vicarage

of situ

sitution of China, had said that condition that evidence be pre- 11 is therefore up to the the National Rest urees Commis-sented to support the other side's ጥሮ sion could not function outside the rase.

to continue that in- An evening clinic is to be opened on January 3 Court now Consequentis, territory of China.

at the Saiyingpun Out-Patient Department to #YQ added, the Commission Junction only on the evilence.

have to determine the counsel

provido medical treatment for those who can- evidence before you, whether o cannot bring about this present action outside Chinese territory.

not the defendants have matte

not afford to pay the normal foos charged by At this point, the Chief Justice

BED Whather

private doctors this injunction, conured ic It was clear that the out a case for the dissolution of China specially there was a case for its continua- constitution

In ques prohibited the functions

outside

Mr. Almada referred to Mr. carried on Liun to be

St Andrew's Church 7 am t

Holy R Common Combine with Hyan, 1 Pours Servants, 15 4.6

Paver

1

Kontak

11

which

WHA

최다

Accide

decido

Cous

Betention [[ the Church

tu an turned thea Digan Preacties Bishop Hall,

Lam, made by PL Holy Comm

Fexial Evensong|rolicitor, who had been called us

12:15 pm 7:30 and Sermon

וולקן

Eshulathion Chinese Products on site op porate Perzinsula Hotel, 10 um.

Seventh Annual

to 10 p.m.

Do you

fold at 4, o'clock ?

Keep going all day without

geiling tired. The Main Spring"

Arch built into this Walk-Over will do wonders for you.

WALK-OVER Alain Spring Stich THE SHUI HIING CO., LTD, DEPARTMENT STORES,

187-105 Des Vogus. Bd., C.

brailah Walk-Over 475 gaktor

line shoo crafienunakip,

Thelaeval

it

of

Mr.

ilon.

The

ย

away

Doctors volunteer to serve at clinic

(Xmas Evo, 24th Dec.. (Xmas Day, 25th (20th & 27th

(Xman Exo zich Đạo (Xmas Day, 26th (26th & 27th

(Xmas) Eva, 24th Dec. - (25th, 20th & 27th (Decembek

Xmas Eve, 24th Deo. Xms Day, 25th

►

7.30 a.m. to

9:30 am.

Open Uni & p.m

am. to 11 q.m.

:

Usual Hours Closed all day

a.m. to 11 a.m.

Uaual Hours Closed all day 8am to 10 a.m.

Usual Hours

-do.

Laual Hours Closed all day 9am to 11a.m.

Usual Hours

26th & 27th

}

,

(Xmas Eve, 24th Deo. - (Xmas Day, 28th

*

8 4.m

3 p.m. to 4 p.m.

(20th & 27th

nd money to buy rico. Defendant turned on her and assaulted her: RESTAURANTS & BODA EDUNTAINS

An occupant in the house came

to stop hin. and Leu also turn-

to 10 am).

am, to 11 ..

Usual Hours

ed on him. The matter was re The Dairy Farm, Ice & Cold Storage Co., Ltd.

ported to

was warned.

the Police

and Lov.

Lau left home early one mor ning taking with him all his be-

PURE FOOD SPECIALISTB.

longings. Later in the day, he CHRISTMAS HOLIDAYS

returned. He picked up a chop. per and assaulted his wife who was carrying

the baby on her back. The mother suffered cut

HOURS OF BUSINESS

while the infant received a d LANE, CRAWFORD LTD.

two-inch wound in the headi

The court rejected Bu's plow that he was hit first. You ar lucky that you are not now standing in the dock coarges with murder," declared Mr. Wicks on paring the bardd labour sen- tence on Law with a recommen- dation to deportation after he had served lils torm.

ROBBERS SENTENCED

X'mas Eye 24th. Decentber

X'mas Day 25th December Boxing Day 26th December

Tuesday

27th December

clinic will open from 6 to 8 o'clock each even- ing from Monday to Friday, and a charge of Chinese territory, or whether the Potter's statements that revolu

HK$3 will be made for each visit, which will constitution merely did not mention was going on in China, tint the seat of the government had

cover the cost of any out-patient treatment, tion allowing the functions.

Mt. bon noved three times und is

medicines and injections, if needed. Mr. Potter replied that Lam's conclusion was that ina now in Taiwan,

Three doctors will be in a group that a large number of power to "I would fike you to nule with

private doctors in the Colony as there is no

have volunteered ta give aitre much allow the fumptions to be held regard to the present status of tendance. All the doctors are the Taiwan that 11 an islar under volunteers who have agreed to

Darvico provided Governmopty outsile Chinese territory,

oap make the necessary functions were prohibited by the military occupation of Chu take time off to offer their ser- forces on behalf of the Allies,

rangementer

Ten-yoaves hard: labour a : 25 Inw

is ndininistered by the vices free of charge. of China.

Announcing the scheme to the

As a result of suveral meet- counsel "How can you continue on these which

Taiwan?" Mr. Chinese Gavernment,'

Presa yesterday, Dr. Y. Newton, ings between the private doctors strokes of the enne were meten

Sessions functions from Potter asked. "It is obvious that stated.

As to Mr. Potter's contentions the Director of Medical Services, and the Director of Medical but to Wong Kallased 33 for is Impossible to capy on these

that the Chinese Nationalist Gov-sald: territory."

His brother, Wong Katen, oyed "For somelime now the medical Servicos, plans have now been obory with: aggravaljon vester evening clinic/cachidvaning from functions in foreign terri

As to the question whether the ernment, no longer tunctions in Natiqnulist Goverument can re- China, Mr. d'Almada said that if profession in Hong Kong has been compicted for the opening of a day of the Crimhial"

Mr. Fatter, bad meant concerned over the problema pre Mondays to Fridays inclusive, was given nine years and 24 from by that move the State property Ching or elsewhere, resulting in that it does not exercise control sorted in providing medical at from la. o'clock at the Sal strokes by the Sefilor. Pulanc

community with small incdmed. A charge of $3 per visit will liai

F6 Chiu-lán, 22-year-old wilo depriving the people of China of over any part of China, then this tention for those meintiers in Fun qui patient department: Judge. Mr. Justice E. H. Wil- CAFE

Counsel said he did not know they have appreciated that those be made which will go towards the use of much property, Mr. Is "incorrect.

nhe pleader a Berred once more, to thei

of any care in which it was damage Incomes can look covpring, the cost of the addition of Wong Kay, for possession of of Chiha as explained elded at what particular stage in themselves in lils vay, and thoppal exporuliture to Government of arms and ammuntion was given

cover the cost of guilty.

The two brokers were found f

all-men Jury of Me Potter degidred that evening clinics, three years which

that the government had epared Government medical service...any out-patient treatment, dress-

medicines or bade the removal to a foreign competent for anybody to say titule are 1l0olted: 'nfiër by- tho [This fee will

"There is however a consi.ings,

injections gulity an

country

y of property belonging to to exist because. half of its coun-

derable Intermediate group with norded: bul patients will be re- cominking, rophorics on variout the people of China with a view try was in the hands of sur

salaries of a few hundred dol quired to bring their own bettier, dates at Apllu Street, Talpo of depriving them of their use. gents

lars a month, who, while pasi The Chief Justice at this point He had evidence that there was

Mr. J.Reyisoids, Crown Cour- ofbly not qualifying for the the cost of in-patient treatment all in Kowloon some months ago. frea Government service dr who should lat po required and sel, prosecuted, assisted. by De- intention on the other side to re enquired, as to whether there mava the

to a fore.ga was any evidence as to what part

are unable to para: the timp Euch a case the potent will be country, ho away in time before the recogni-d'Almada replied that what ho Lien comes. They challenge our wanted to makeqelear was the alcation and say that we intend point that not the whole of China was under the completa. control to take away that property."

of the Cominunists.

As to the hipgations that the assels concerned uro State pro- Counsel asked the courtiss toperty, and belong to the people today.

bettor Mr. d'Almada, said there was no which side had the motive in getting the property: evidenco before the Court of any the motive to Lake away from attenpt to seize the property to n legitimate government already deprive the people of it at all. existence, and the motive to It was an latention of the owner, Government of the property to do as he may, take it from a which had been stripped of ita explained. authority in its own country.

by

LAUT.

"prod"We do sáv | of China, was governed by the

Main Storé (AJF Dergriments)

&. Brapelics Main Store

* Bratis

Main Store

& Branche

Food Section

& Branche

BREAD & CAKES will be on sale in Cafe Wiseman yesubule between

OPEN TO 0:30 pm.

CLOSER ALL DAY

CLOSED ALL BAY.

ΟΡΕΝ $110.

A and 11 b.jil on Boxing Day, 2016 Dec. WISEMAN OPEN AS USUAL

CRYSTAL

This service will not cover Road; und Salveungehol street, The Most Beautiful Presents At Really Reasonable Prices

tha (Licks, nosded, to wall the tuner free referred to the almoser on duty tective: Sub: Irupector: Leuilo;

In

---Two motixas į

It is common ground that this

is the people's property, counsel

“I would submit that it is clear

∙gp

the pridepee that it is the

went on. Admittedly, the pro-

fention of the plaintiff in this case,

other government but the Na tionalist Government. Hearings continude

clinics, are unable to pay the who will make such arrangements used were not legally repre- normal fees charged by the for in-patient treatment as would privata doctora (tals for this be mnda In the case of a patient

requiring admission to the hospite the doctors concerned who are iving their valuable time for

• "Thares will be three doctors on this work?”

In reply to questions Dr. from the other source, Ruty cash evenings but pallenta

net be able to choose the Newton said. 38. doctors in all' dsetor, that they wish to attend, had volunteered, but only 38 Application withdrawns - phu 10 in unlike subsequent had been acompted, as the other

services oguld not be utilised... The doctors will go on 'duty In MajamGongral- Chennault and fiolts are required, that they two hrs agofalists and their one..or two déplora Mr. Whiting Willdust, withdraw will be able to sont the came de applicatioqutabesjolfinds as dooldr, but where possible an plaintifan palast the CNAC short will be made to afrango for turn, with

held in reserve in case any duo before the Chiot! Juniper, Bir)] [his... S

clinic is alv fanpvation and for duty should fall, illet

Dr. Newton emphasised that Luslip; Gibson at the Suprama:

somethinar of, and xperimental Court yesterday,

infotratively, and the the scheme was experimental therwise for its con- und he would have to watch its Thays then Aledya nillar

will bareylawed in a development very closely if 17| We should prove a success, and a lat -time

aration between the of people sought treatment, the getillonare in the Co-mantre of establishing Further Calcinhani mdien clintas particularly one on top Kap tank and mainland, yould be considered. welcqizo, Lep and, the Direg The cost of the scheme is not Bedical Services apprect certain, but it is expected to pay at very fully the generosity of for lectr.

anz:

peety is the property of the Chi-plication against the CATE nets people who are represented The Citer: Justice will render.

to remove the assets to Taiwan in the Nationalist Government of his decision: this mornios

they can get it, and that is unlaw

il by the law of China and

Ching, he addederat pe zdr. HG. She

our The position is this, that upon for. Rotieral Ci law rollarated Mr. Folter the admitted facts that this is Willduar whils

Counsel, went on to deal with the property of LG Chinese Mr Brook Bert is not point, namely, whether Government whichever it be for CHAC And Kate Cours en Brombit the rek mat, fd, the end of the mailai. Mr. A, Cultură,

jupval of such property If this 1. Our ne fu that there is no CATC

Chhan" and forth

INGENOHL'S

Gloucester Arcade.

***My night-cap when STOMACHS upset

He knows it is the surest way of getting a sound refreshing, sleep. Bus don't take our word for it, try a-lini yourself you be surprised at the difference it makes.

DeWitts

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