1949-12-31 — Page 1

China Mail 德臣西報 中國郵報 All

CAMERAS & FILMS

FRANCIS WU'S STUDIO

2, Gloucester Arcade

CHINA

No. 34474.

MAIL

ESTABLISHED FOR MORE THAN 100 YEARS

HONG KONG, SATURDAY, DECEMBER 31, 1949.

NEW EMERGENCY POWERS

Power to deal with strikes and lock-outs CENSORSHIP RULING

Emergency powers to deal with strikes and lock-outs in essential services were given to Government yesterday, embodied in new Emergency (Principal) Regulations made by the Governor-in- Council.

French hand

over power to Bao Dai

Sutron December 30

Data Tadas tonally hunt- Dat. 11 {M,་;

1

foam Fuqman of Annath and most Hy brath of the new Viet

Life, which now becomes sze szarle que pudent at willn the

Ala comGONIS

A

Lipt

Sagon, the

1:

M Dan Pigona, atul

ZETOR BUKTI - aprenent banging lo The poli-Vests, 1040

echauny, flan Da Jobs born Every

BE Ad every Vietrimene Conser it as definitives

To the mufe Kod theft difereste!

randy prov

These regulations give Government powers to cope with any emergency which may arise in the event of trouble.

Now features in the revised regulations include authority to impose consorship on publica- tions, to compel publication of official notices in newspapers and to restrict publication of certain other material.

Authority is also provided to rohibit the sale, purchase or use of wireless receiving ap- paratus: to restrict the use of and to The telephone service; proscribe organizations,

The official stales:

to provide muzre emergency

my be used

Bao Da

explanatory note

force

It

for

been

Regulation 3 gives the Colonial Secretary wide powers of delen- tion, but provides a safeguardi that a person detained may object to a Committee of Review against the detention order made against firm.

the Regulation 33 OMDOWET'S

In

circum- Governor.

certain stances, to rder the inhabitants of certain are to be detained

chis-

Prico: 20 Cents.

Presentation at Government House

The Governor, Bir Alexander Grantham, preventing the insignia of the MBE. (Mary)

to Major C.M. Mowan at Government Hause yesterday, Major MoEwen's sponsora are Colonel L.T. Alde (on his laft) and ABM Jones ("China Mali" photo).

India recognises Peking

Tramways propose arbitration to Union leader

Emergency powers are at pre- of sent conferred by a number

under

the regulations ss at ele Emergency flegulations Ordinad to leave and remain out of the anes, 1922, and by Defence Re- Colony. The power of expulsion,

ne

1940, gulations,

exercisl however, cannot be special purposes. is desirable against a British subject horn in comprehensive the Colony. Regulation 39 has

to re powers and

to expedite been inserted define the purposes for which they ciplinary action against any public

This has

Domeer against whom an order New Delhi, December 30. effected by the Emergency (Prin- under this Part has been made.

India today recognised Con- ripal? Regulations 1949, repeal a number of similar regu- Regulation 37 vests the Communist China. India thus be- spoke from a balcony of tut Townations made prior to the Pacific missioner of Police with powers comes the second

War under the Emergency Regu- to impose restrictions against per-munist country-Burma Intions Ordinance, jtv22.

sons in respect of various matters the Special attention is invited to Part IX of such Regulations which provides (regulatum 137) that the Regulations shall not come into for any period not exceeding one cognised Command China and The letter further stressed that the Company wish- ooperation until the Governor by Order so declares and which, al- ternatively,

Atte

Five-

Hall which the Vægttavissa flag hot bren houted The crowd fiseerd waad sang the VietnameNe National Anthem

Bao Da

Vartans jobs lamming and calling independence "sk und the puppies

Were

the Along **SHIR Fimpera vane to the ceremony

Sweetk were beflagged with Home Pacon and thousands

nax's were

Nachon frises and telegraph polis Mizars Telets,

N

which

non-Com-

Was Mr.

Other countries which have re-

first-to recognise and things and by Regulation 30 Mao Tse-tung's China. he may by order direet that a per- son, bo placed, under supervision

year.

J

empowers the Gove Harbour control

egner to bring into force such the Regulations as may from time to time be required.

It is also to be noted that nearly much bearing mich all of the Regulations are en. Down with

with Ho Chi

abilog in nature.

ure, they do not, of

Henter

streets

the

form

urumediate (410 | themselves, impose Chavannh beads the Viettini Indo-

For this duties or prohibitions, Chore autobomat movement and wen

reason actual operation of powers 1141

To stdependent Viet-afforded by the Regulations will. appeared in the

even after they are brought into during the might

force, be dependent on making xercise of dis- of Orders or the exercise

Governor or cretions by the

or thr named in respective authorities or appointed under the Regula tions as and when necessity occura

anly to the extent that neces and

ity requires.

The

Red troop movements

in Canton

Considerabär

move-

troop along Canton's water-

fronts on Thursday are report.

v in vernacular

regulations have

חי

10

Control of harbours, ports waters of the and territorial Golony eto: Regulations 42 to 50 in перемагу provide powors

regard to har. emergency

porta and boura,

territorial Regula. waters. In particular tion 60 deals with the entry of * well as with the departure of ships and aircraft.

10

in certain

the

Past experience has proved that

may be necessary, circumstances,

refuse fuci, victuals DE necessaries OT facility to effect repairs to ships and aircraft whilst in the Colony. Regulation,51 has been drafted to empower the Governor in the in- terest of public order and essen- tial services to prohibit any such ship or alreraft to refuel,

placed divided into parts and under headings to assist reference and application of them but it has not been possible in all cases to adhore

to this principle. A rigidly which is

is attached to this Note, taking in supplies or effecting re-

to assist authorities poirs. should serve to 858

list.

Transport

the

who have duties to perform under Press mes-

the Regulations and the general sages from Canton yesterday.

The reports said that the mill-pubile. It suffices, for the pur-powers

pose of this Note, to invite parti-mechanically entire fund after commandeering cular attention only to specific and vehicles.

provisions of the Regulations, as follows:

tary authorities curdoned off the

seven wherves,

Troops married through the city to the waterfront. Other t

velled by trucks. They boarded Censorship

junks and other craft.

The messages added that the troops were apparently being

Censorship

and

Control

from

cm-

Regulation 69

Immobilisation of propelled vessels

the Soviet Union, Bulgaria, Cze- Hungary, Poland, chaslovnicio, Yugoslavia, Korea, Mongolia and Albania.

The General Manager of the Hong Kong Tram- ways Limited in a letter to the Chairman of the Tramway Workers' Union yesterday stat od that since it was clear their vióws were irroconcilable, the only practical way to re- solve their différences is to submit the dis- pute to an independent arbitrator

ed to reiterate that if the workers are pre- pored to submit the differences to arbitration, the Company was willing to do so."

The Indian nouncemen!

Government's an- The letter follows: was made by the

.

“SKANDEX”

FIRE-PROOF

CARD-INDEX ETEKL,' CABINET Swedish, made, t

High Quality Low Price Arle for à Demonstration At Hong Kong Typewriter Exchange 9, D'Agullar SL

INJUNCTION ON CHINESE ASSETS TO CONTINUE

Giving judgment on the Nationalist-Communist controversy over a Court injunction and order connected with Chinese property in Hang Kong, Sir Leslie Gibson, Chief Justice, yostor- day at the Supreme Court directed that the injunction and order granted to both sides be continued pending further order. Sir Leslie ruled that it is the duty of this Court not to permit any such dealing with the pro- perty concerned in the action "as might de- prive the successful party of the fruits of vic- tory." The Chief Justico also remarked that the Court will ondeavour to give an early dato for the hearing of the action proper in view of its importance and the financial loss which may be caused by the maintenance of the status quo over a protracted period.

Plaintiffs in the case were pro-Nationalist executives of the National Resources Com- mission-which was the ret property to be dealt with be- fore the Court. The other two are the China National Avia- tion Corporation and the Cen- tral Air Transport Corporation. the battle over The legal CNAC and

been CATC g agreed upon to stand over until further notice.

ศ.

Mr. H.G. Sheldon, KC. Mr. Lu d'Almada, KC. Mr John McNeill and Mr. 1. A. 1. Wright, instruct- ed by Wilkinson and Grist were for the plaintiffs.

Eldon

Mr. Putter, KC, Mr. Percy Chen and Mr. B. A. Bernacch! on

the instructions of Ford Kwon and Company appeared on betilt of the defendant employees of the three concerns.

Injunction order

The interim Injunction order previously granted agenet the defendanto on the application

of the plaintiffs had bean to...

Court

CAT heads file summons against Nationalist Gov't

Claire L

In

Major General

and Mr. Whiting Channault Willauor, CAT President and Vice-President respectively, have filed a writ of summotie the Nationallet Gov- Agrinet ernment of China

the controversy for possession of Chinose airlines, which they claim to have bought.

It was fearned yesterday that the summone might be T. W. Issued against Mr.

Nationalist

Bpecial Comm la loner for Talwan and Hainan.

the

Kwok,

means, and it would be pre- mature for me to decide those facts in these Interlocutory pro- ceedings.

prevent defendants from interEqually the questions of law. fering with them in taking the argued are questions which must be decided- nt the trial of the into concerned

the property

facta action when the relevant pizintiffs' possession.

have been established at the trial The defendants subsequently

and I

it would equally be prema- applied for and were granted i

order against the plaintifsure to decided them now. Suffer It to say that I am satisfied on the to preserve the property intnet

affidavits and on hearing counsel "In view of the unhappy arbitrator must be one who will

that a perfectly born de disputo Ministry for External Affairs and stoppage of the Tram service have no blag in Iavour or against and preventing them from remiov.

ing the property-which said: "The Government of India and in order that our position either side such as a high judicial; timated

about exists between the parties both na to facta and law and that it is has intimated to the new Govern-

the duty of this Court not to per "We are sending copies of this $30,000,000, ment of China is willingness to may be clearly understood by

to the Commissioner of establish diplomatic relations with you as representing the work-,;

we feel it right to address you

officer.

Jettor

is ca-

be worth

grs, and by the general public, Labour and to the English and Jug his decision, the Chief mit any such dealing with the

Chinese Prosz."

CRA appeal

sinted: "The question which now arises Property which is the subject of the action as might deprive the for consideration in this action is The Indian Government state-jas follows:-

whether or not an interim in-successful party of the fruits of

victory. ment recalled that the Chinese

An appeal for mediation in the junction granted to the plaintiffs "Having in substance mal three

Obvious dangor Communist Government had ex- pressed its desire to enter into out of your original five demands, tram dispute by Government or ngainst the defendants on Novem diplomatic relations with India on this Company was unable to meet by other responsible bodies was bez 24, 1949, and an order obtain- the basis of equality and mutual the other two, namely: (1) pay-made by the Chinese Reform As-ed by the defendants against the respect for sovereign and terr-ment of a special allowance at sociation at an emergency meeting plaintiffs under section 207 of the

the rate of $3 per day to workers held at the Yan Yan Restaurant Code torial rights.

effect from yesterday afternoon. of all grades with

The dispute has got to such a December 1, 1949, (2) reclassift.

of Tramway drivers as stage, the appeal pointed out, that Cation

any member of the community skilled artisans.

"Since then a further request who had the welfare of the Colony was made, namely: (3) re-instate. at beast, should do something ment of two conductors who had about it, as it was no longer a two dispute between magistrate private been convicted by

but ones affecting the and parties, for assault on a passenger fined, and the re-instatement of whole life of the community.

Mr. Ma Man-fa};;Vico President one workman whose services hud been terminated by the payment of the Association; said it was of wages in lieu of notice for in far from the thought of the Az- 'sult, and abuse to his supervisor sociation

officer,

Possession or control of proper-; ty, undertaking or employment. Itegulations 60 and

Provide powers for the requisitioning of land and chattes. With regard to the requisitionbrig ofchattels it

With India's recognition of the new Chinese Government of Mr. Mao Tse-tung, the hitherto Doyen

BRITAIN'S. ANNOUNCEMENT

London, December 30. Omolal sources said today that Britain whil ̋anjiäundé ré- cognition of Communist China next week, probably January JUnited Press. Dit

of the Diplomatic Corps in New of should be noted that (Regulation Delhi, Dr. Lo Chia-luen, ceases to transferred to the coast oppo- Publications and means of Com-67) chattels other than vehicles,

be the accredited representative munication: Regulation 7 CTN- vessels, excavators, cranes or of China in the Indian capital. powers a competent authority to agricultural machinery become, sa up possession is taken in

alte Hainan Island for the in- vasion of the island by the Communist.

Reports from Toipeli, quoted in the loen Chinese Press, said that

city that the Communist invasion

prohibit hot only the importer the Regulation," the i

or exportation, or the printing er.

of publishing

particular any

Tumours were circulating in the publication but also any publica- Hong Kong. On of Taiwan would be launched in, tion of a particular kind or vehicles,

the spring.

of the Goverment of On the other

hand Vessels, EXCRVAUTE The Invasion force character. It is of interest to note cranes or agricultural inschinery as régurds a "periodical remain on hire and, in order to will be aseister by some 100 air-

publication, the prohibition ex-acquire any one of them notice Fruft and 30 gunboats.

bends to future issues only, unless of acquisition has to be served. the order prohibiting the same or

The Weather

that

a subsequent order states other Under regulation 79 6 com- wise.

petent authoritymoy by order Banction the commission of t Regulations 8 and contain muisance and in such event a pri- wide powers, of examination of vate complainant' da deprived of Postal packets, telegrams, print- his ordinary legal remedies but ed or written' matter and pack-may apply for a variation or re-

vocation of the order made. 11 and 12 prøvido del Regulations 11 A riden, of high powers for censorship on travel TomT

Terrorism pressure 'extending 8 from Japa Iers and, the examination of con- weakening.

Taley's Forecast-Moderate winds.ment.

A 200 GMT ( pan. кST), a small, doption over the N-of Exstory; Ben za Intasifying lowly and moring, slowly E. and

trough is developlog.rom it Fouthwards to Talwan.

Brat...

Yesterday's Weather

Maximunti 08.1 deg, Fah..

Regulations 13 to 20 have both

"As regards the request for q special allowance, the Company's case is that all the workers are adequately pulda

"Binos it is absolutely clear that your vibws and, the views of this Company Tara irrecon- cliable, it would com

to' come forward and offor itself as a inediator: It was far too small and insignificant a body.as yet to assume such a role, but what it could do was to arouse public interest, and call upon Government and responsible boddes to intervane before the position deteriorated further.

Persanally Mr. Ma thought both obvious sides had far from oxhausted all that the only practical and fair means of arriving at an amicable way to rezolve our differences settlement, and he could not blame la to submit auch differences to the workers for refusing arbitra- tion. Arbitration is the last resort, San Independent arbitrator.

after all attempts: had falled.

Though no decision was understood to have, been takeni It was generally assumed here that Bardar Pannikar will pro- "We wish formally to reiterate csodīto. Peking as India's Ams that if you are prepared to sub- bassador with the how Chintas mit the differences to arbitration Government after the necessary this Company is willing to do so, diplomatic formalities have grid in this connection we would been completed.

Australia's attitude

- Australia will state her at titude to the recognition of Communist China: at this Com monwealth ministers Colombo conference next month, an. au thoritative source stated in Conbarra today,

(Continued On Page 2)

On Other. Pages

tenced,

remind you of the provisions-of Section 35 of the Trade Unions and Trade. Disputes Ordinance; 1048, which in part reads za fol- lowsz where a trade dispute exists or is 150 (48, (1) Tho Governor may, Page 2

...Match factory workers-san- the matter apprehended, reter with the ennsent of both parties Page 3 to an Arbitration Tribunal to be Emergenty powers appointed by the Governor. Pros 4/2004 017

(2) The Tribunal, shall by Barotay's Bridgdiy Australia, in general, favouro constituted of either (1) a' sole. Pago S

arbitrator to be

Sydney Stanley kidnapping.

• agreed upon by the granting of recognition, but both parties to the dispute, or Page 6 Overcast with light rain or drtix at med to. provide: for greater / Miscellaneous Provtalons: Re- | hazỷ"reservations” • about" - the)

Bak in -UNA SONA control (necessary In' emergency) gulation, provides powers to stabilty of the government the (1) an arbitrator to be agreed Russla brings up Chinese caso

puto assisted by one or more as- Page 7 P of newspapers, printers, publishers deal with the danger to security Communists can give to China and non by both parties to the dis

which can bo prosented by wire will seek information on this sessors nominated by or on behalf Japaness, Germen and owners of printing presses.

the soured: added. point

of the employers, concerned and with Vatloam. to 47 contain less broadcasting Regulations 26

an equal number of assessora Page 9TION SEE PAN Jan. 1-2009 à mm.1.67 provision dealged, to mlimle

(prt4 Australia's attitude was that Regulation 100 enables 'muslöst ay⋅ average of 2139,0 mm; breaches of the peace, and the comets to be employed?, tusan | Cominunlam and Ita'sprbad iri, Tominated by or on behalf of the SŬ.8, ‘aonfèrupoG...”

workmen concerned: provided | Page: 104kidsdal

•Motoring/pago. Regulation 20-le designed to an emergency in the malatenance East could not be combatted by that the award shall be made and prevent the intimidation of wil of health and sanitary services force alone and that steps, must issued by the arulirator only Page: 11:03485

be taken to improve economie "Bections 36 to 44 contain pro- Student opposition to standards thrtsighout the East visions in regard to the arbitray Rodel Makka * powers to combat thereby removing the causes for tionem

munque gawe have no other, desiro thunty Den: Idden'" plary, violarico Lanit terrorien. Regula Communism thady the arbitrator all be ab- Pack 1 tion 123, is to be insted. -

Australia will probably seek solutely independent, and if you M Finance and Commerce tains a complete prohibition of the Exclusión manufacture of explosive sub-assurances at the conference, that have any suggestions to make as Rago 10.214

lons.20 stanice (uy donned) spent onder the members of the Common- mgeni do arbitrator acceptable Air, Shipping movime

wealth will "take action in these to you, we shall be happy to con- Page 16 lihes," the source said.--Reuter, sider the same. Obviously, the... Sports.

Kimum:-64.0 ́ileg. Vali, Bunshiner N.

Statefall; 0. 0,10 ft. Talut, since

84.28:14A TAR

Kadisemination of false reports a

10 am 4 pm

Dardi" at most.) (1014.6. 1939.8 mRNA "CASES

• Equata 3 20.05. 2283 Inches."

Rel. Humidity

FE TO TA

Wind Direction

by B

ENG

Reportation

Wind Fores

10;

10 kaple,

0700

Arrest

Deterition

und Deportation

Tides

Special offencer and penalties Regulations 126, 118 and 120.pro vide special

to 41 provide measures in aid of a pornit granted pithe Commis internal security, of the Colony, sioner of Police.

relations

Talwan.

"If either side was left tree at this stage to deal with the pro- perty as it those, there would of Civi Proceduro on quite obviously be a danger of the side which ultimately suce November 25, 1049, are to remain

reeded in force

being deprived of the “A number of affidavits have fruits of victory. The property been fled and i have been ad- the proceeds of it

It would go to dressed at length by counsel on Formosa or China, the destination both sides as to the facts and depending on whether the plain- tiffs or the defendants had the the law. latened to the argu- ments of counsel with great in-first opportunity, of unrestricted terest, but the position is that dealings with it. Intentions are the facts depored to are facts usually to be gathered from cir- which must eventually be escumstances and it is on the over- tablished in this action in the whelming circumstantial evidence ordinary way by the pleadings, in the midpvlls that I base my by oral evidence properly test conclusion.

or

by other permitted

(Continued On ·Page 2)

THE HOP LEAF

SIMONDS

THE HOP LEAF'

ALES & STOUTS

thewelcome sigi

Solo Agents

CALDBECK, MACGREGOR

CO. LTD.

Teleph

20075

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