1950-01-10 — Page 3

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DONOVAN'S SUMMONSES ON AIRLINES DISMISSED

Opening of assizes at Supreme Court

The nasizes at the Dupreme Court which opens on Janu- ary 18, will be preceded by # Norvicn at the

John' Cathedral at 9.15 ■.m.

The service will be official- ly attended by the Chief Jun. tice. the Judges and the Law Omcore.

Following the maculen, tha Chief Justice will proceed lo the Supreme Court and form- ally open the Aaulxes at about

10 .m.

Reminders

Taday

Two summonses brought by Major-General Wil- liam Donovan, of Civil Air Transport Incor- porated, for the appointment of a receiver for the CNAC and CATC airlines' property wore dismissad yostorday at the Supreme Court. Justice Williams, Senior Pulsne Judge, point- ed out that in the present cose neither the plaintiffs nor the defendants were in posses- sion of the property and that there was no Information given as to who was in posses-

Mr.

sion.

"In view of the lack of evidence of good prima facie title against all claimants I de do not consider it would bo just for me to grant the application," Mr. Williams remarked.

[ƒ THE CHINA MAIL, TUESDAY, JANUARY 10, 1000,

that the sel suggestori to make

order result of the Injunction and the stop order was that the property was in the enjoyment of ne one. If that was so then I ought to more readily appoint a receiver but I do not agree that this in the position.

"Assuming that the interims in- Mr. John McNeill, on the in- | Junction was obeyed then the atructions of Mr. D. H. Blake, of plaintiffs in the earlier netion Wilkinson and Geist, appeared are silt in poxrension. Be that as on behalf of Civil Air Transport may, I am unable to say that

defendants the plaintiffs have made concerned were Major-General prima facie title to the property. (adre 1 Chennault

Mr.They may have as against the de- Whiting Willader.

fendants but I have not

Incorporated.

The

were

"It a

Not just

out a

heard

Mr Justice Willams said in his the other rivnt claimants to tha HK Rotary Club luncheon, Roof judgment

property. Garden, HK Hotel, 12.30 pm. These two BUTAMON European YALL'A

Membership taken out by CAT Incorporates.

the plantlits, Committer meeting 3.15 pm

under nection 387 United Inter-Denominational Ser- of the Code and section 11 of the vices, at St. John's Cothestral,Law Amenulment Ordinance ask- receiver "Nations & then Buters" bying for appointment of Rev.

Smith. 5:30 Pro for the property subject matter Bridge Drive, European YMCA, of two actions between them and

Major-General Chenanult 8 p.m.

Wlater, defendants International Academy of

Al & Mr W. China Art Asulation Ex-the action

יו

hibition of water colouis and

oul palang.

20 am to pm,

Nine Dengots Serviers

sufrent case has been made out then a receiver will be appointed in the absence of come of the persons interested Kerr an Receivers, page 8), la 1 such a case, however, it ought:

plaintiffs that the and to be clear

it have not made out a prima faclo

intiffs claim from the de-

use of title na against the plain- tiffs and defendants in the earller actions. I have no information a to their attitude to these appli- There is no suggestion consent to the

recover.

all aeroplanern, Spure Cecil, tenistyt

parts, tools, equipment, huts, ete tormerly belonging respretively cations. Club!

Whiss Drive, I p.m.

ม Wah Yan Dansule Society, pre-

to the CNAC CATC and sold that they would hes thesi to the defendants Dauppointment of Deener 17. 1040 and later sold

sents "A lazard is no Dragosur le defendunts to the plaintiffs Wigs Yan College, Robinson Leerber 18, 1949 The sum- Itond, 6:30 pm

TEKITANUM were ex-parte summonses, Sowal Services

1K Coun

1141

"In view of the lack of evidence-

defendants having enterest, the application particularly in Executive Committee meeting, an appearance In both actions,

SCM Post Hourd voma, 515

ן! ק

International Allmu's Stute Group

211 st. 531 j HK Light thche ha rehearsal, St

Pito Texture room,

E

Coming Events

TOMORROW

of good prima facie title as egalist all claimants do not consider It would be just for me to granu

of alt absence of the consent

inimanis. I necordingly dismiss be heard on the rum- motees asu i consented to do so the summarises,

"As the drtendants vild not hacker netjnizi ged the sunimonsen inte uppis Court to give my deuppose the application the costs I cunteerna other pur- of the hearing will be costs in the case should add that to my

thes

Rex to

ነኮ

to

Jubas Vatheshel kell, 0.45 The property, suljert matter view either plaintiffs or defen- to the two artions, 1 I 1974 urants In the earlier actions might [formed, also the subjeel malfer lance asked for the appointment they made of earlier actions No 517 and N. of recriver when 51% of 1949, between CNAC and their respective applications

the Court. ATU, respectively, as pladetalls.

"Even at this stage is should and certain persons as dieterulants

whom refer to for convent-not be diffleuit, to all clatinants to ence, though perhana Insecurately. consent to some form of receiver- ex-employers of these Con-ship as it is in the interests of panies. The present legal position all of them to preserve the pro-

regards these metiens is that perty."

Tuc 1 inveting 30.

Revil, #30 m.

Macdonnel European Fat A Women's Section, Games Morning, 14 ans United Inter-Denominational Ser-

"Withs of the Church". Raty.

[

the pathliffs therein have obtain-

vices, a St. John's Cathedral, an interim injunction restrain-

ing the ex-employees from bering ees tali prentises of retrov -

Services Flee Dancing Classes, property therefrom and the

1. Oglet 5.30 m European

YMCA.

..

Mahjong Class,

order

+ P... excipioyees have obtained

slog order. There is an European YMCA Literary & De-' preventing piointiffs In thene

bating Group,

Tubes ધ

removing any pro- Mountains in West Chinn" by 1 perly subject matter of the ac- Mr. P. Guillart. #45 pm. tion

2.30

Dragons Services ("lub, Counsel's statement

before we were the same and

Nine

Dancing

Class. Mahjong. 7 pm.

Art Exhibitinal by Mr.

1.st.

"The Isaurs of both studyhongos

CPA proving flight to Borneo

Wounded soldiers call on Kwok

(De 18 1) PRIVATE

Dahled and abandoned Nationalist soldiers vialted, tho Nationalist Commissioner for Foreign Affairs yesterday in an attempt to be sent to Taiwan. They have refused to go to Hol. how (Mainan island). Bhown here are a fow of the soldiers waiting outside Mr. T.W. Kwok's

{"Chi Mai" photo), office for an interview.

CNAC sending staff CAT resumes members to Tientsin

for "indoctrination

The

Mr.

"

China National Aviation Corporation has finally decided to send its local pro-Commun- ist staff members to Tientsin to receive their "indoctrination", according to Mr. Regino Yap, official spokesman for the aviation com- pany yesterday.

Yop estimated that some 1,000 of these em- ployees will leave for the North China city He further said that he could not shortly. say the actual date of the employees' depar- so few ture because at present there means of transportation between here and Tientsin.

His explanation of the Northward trip was that the pro-Communist management of the airlines has recently decided in Pelping the CNAČ will establish its head office in the North China port city. Already sume 100 pro-Com- munist staff members of the local CNAC office have left for Tientsin by sea and all recently,

who left were Among those anny returned flight crew mem- the 12 bera who had brought CNAC and Central Air Trans- Communist poration aircraft tu

Officials of Cathay Pacific Airways returned to Hong China.

Saturday from a

As for those who do not desire Kong on

Mr. Yap said to British to go to Tientsin, proving flight

that they must present their re- Borneo with enthusiastic de-

are

Wayward daughter cautioned

The mother of a 16-year-old wayward daughter told Mr. Thomas Tam al Central yes- would only terday that she welcome her daughter homo if she behaved herself and listened to her instructions.

HK-Taiwan flights

The local Civil Air Transport office announced yesterday that the CAT has resumed filghts be- twern

the Colony and the Nationalist held island of Taiwan. Two CAT aircraft arrived in Hong Kong from Tulpeh and Tai- hin yesterday afternoon bringing here more than 26 Chinese and European passengers and a num- ber of CAT personnel.

The first aircraft, a C-46, ar- rived at about 2 p.m. carrying the passengers and night Brow members and 21 pounds of mali.

A few minutes after she dis- charged her load, the XT-810 returned to Talwan with a load of local CAT personnel and their familica,

The second aircraft arrived shortly after 5 p.m. This time a C-47, the aircraft carried no pus- sengers. hauled.

She is here to be over-

No Hong Kong Airway aircraft left Kal Tak airport yesterday for Taiwan.

Chinese Postal Bank staff stranded here

A complaint that they had been left stranded in Hong Kong, without being paid their severance pay and pensions The girl was charged before under postal regulations, was Mr. Tam with stealing a pair of made by about 50 former stalt Lai-chan, at Ii, Western Street, of the Chinese Postal and Re- second floor.

mittance Bank yesterday.

Bunyantras of them both together. Coun- |criptions of the fascinating signation papers to the airlines' pyjamas, the property of Miss 50 members of the Canton Branch

Latt, Hofri

ofe) Ceell, 10 a.m.

Wah Yan Dumaufre Society, pre-

senta "A Lizard is no Dragon"

at Wan Yan College, Rubinson Road, #30 p

THURSDAY

REMANDED

el for the plaintiffs has referred country.

me to an adimation sworn by Between Sandakan and Jessel- adhertor of the plainti Com-ton the alrcraft detoured to in- pany in support of the sunspeet the craggy, forbidding peak in which it was stated that there

Borneo's highest mountain,

ادم

orang-utan.

was at present grave danger of Mount Kinabalu where the world's Wah Yan Hramatic Society, pre-damage and sabotage to the pro-most exotic archids grow, and sents "A Luzmest is no Dragon" | perty. Counsel also emphasised home of the taptr. rhinoceros and at Wah Yan College, Robinson that the neroplanes cannot ru Rond, 830 p.m.

main unserv leed for any length HK Women's International Club, fof Ume without serious deteriora- Dance for Services, 7.30 p.m. tion setting in and he had thought Nine Dragons Services

Club, that some persons were believed

to be tampering with "Twenty Qurbans," B p.m.

the pro- perty in dispute.

"Soiteltors for the defendants supported the application for the

In my opinion it is desirable that early steps should be taken 60 that the properties in dispute Three unemployed men, should be preserved but I have Tsol Man, alias Bo Chun-tin, to be satisfed that 1 ought ip Ping, altas Ip Ching-ping, grant the present application and Lau Tak, allus Wong Wah, made by the plaintiffs under the were charged before Mr. F. X, section of the Code. d'Almada at Kowloon yester. day on seven counts of larceny by trick of HK$4,909, U.S.$649 and HK$1,622 in jewellery from Ho Hon.bun, House. Talpo Road.

The men, who shared the seven charges, pleaded not guilty and were remanded thren doys for, bearing.

First defendant was alleged to Law Amendment Ordinance No have stolen $20 from complain- | 2 of 1901.) ant on December 13 at 274 Castio Peak Road. He and second defén- were accused of stealing complainant on December

management.

Mr. Tam remarked

that to

They were the last batch of the Bank's Canton staff who loft Canton and arrived in the Colony.

fortnight ago. about a

REQUISITIONING

The Government Quartering Authority has requisitioned NKIL 167 and 168, near Kei. Tak, in- cluding a bulking containing sight flats for the Royal Air Forco.

Asked whether in that case, the local pro Communist

The girl ploaded guilty and the managemont is forcing the dis- abedient staff to resign, Mr. Yap mother was then asked to sign saidi "I dont like the word a cash bond of $25 for one year. 'force. We are civilised people that her daughter was very dis- The mother demurred, saying

They alleged that the Director And we don't force people."

obectient She would only have General declined to see them, and Would rather stay

her back, continued the mother former senior, officials disclaimed Quite a few pro-Communist if the girl promised never to go had already resigned while others rosponsibility on the ground they Very few white men have been

of the aviation com-to a picture show and never to to the top. But there are Dyaks employees

were reported to have left for who

live on Kinabalu's slopes, pany are at present seeking local leave the house,

Taiwan, Treasuring the heads thoir fathers Jobs as they do not wish to leave

Staff members who preceded the Colony. took when head-bunting was a

them to Hong Kong, as well as chlef

One of them after being told that make a young girl promise never those from

other branches in pastline among Borneo's jungle population.

the management is sending him to to see a show or leave the house China have already been paid in Sandakan, Jesselton, Labuan Tientsin instead of Canton said was too harsh and asked the mo- Hong Kong, and they were the LARCENY SUSPECTS "ppointment of a receiver. and Kuching (the capital of that he does not mind going to ther to allow her daughter to see only people still left out in the

Sarawak and erstwhile home of Canton but if he is to go to Tien- a show once a fornight and to cold, the complainants. alleged. Rajah Brooke) were visited on tsin, he will have to resign. allow her to go out occasionally. the Sight, which preceeded the The decision of sending its staff The mother agreed and Mr. Tain weekly schedule members to Tientsin came after then cautioned the defendant and regular CPA while storted yesterday.

the

company's local management placed her under Pollee super- In Kuching. passengers met a had gone through many secret vialon for two years. party of Drake warriors down conferences. from the Kelabit and Kyan areas. Unlike the CNAC, CATC is de- "The summonses are that po- and these lot-clothed natives wer be granted inter ulla to the

finitely were taken for their first ride receiver appointed, to prevent any

employees to be "In- Canton. a flying ship? other person taking possession of the property in dispute or from

They showed excited interest

who is also a joint when shown the controls in

and for both CNAC spokesman for removing any possession of any night. It was obvious they were

Chinese of them. The receiver may be fascinated by the mechanics of CATC denied aller appointed by the Court to pre- dying. Photographs of these pod-

press reports saying that the serve property by an interlocu- will be published in the Chinese Communists in Canton tory order where it is just from Pl

are getting impatient about the Sunday Herald.” (Section 1 of the

Mr. S. De Kantzow, Managing aviation werkers return to China. "The Chinese Central People's Director of CPA, eald it is hoped Government has set no deadline to bring Kuching into the 'sche- dule soon. At the moment week-for our return to New China," he "I must be satisfied before I ly CPA flights touch at Sanakan, concluded. grant the application that the Jesselton and Labuan, roturning plaintiff`has established a good to Hong Kong via Manila. prima facie title and also that i Much of Borneo's jungle pro- the properties will be andan- duro is extremely popular in gered if left until the telat in China, and such delicacies as possession and control of the bird's nests can now be flown in parties against whom the re-from Sanakan to Hong Kong calvor is asked or at least that] 48° hours. thors le ranton to apprehend

that the Mr. De Kantzow said that that the plaintiffs will be in timber, oll. damar, ratton, skin a worse situation If the ap dnd other Industries are in fu pointment of the recalvar awing with merchants keenly delayed.

interested in trading with Hong

of

Rodo

dant from 11, 12 and 13, $210, $440; and $330, respectively.

Al defendants were charged with stealing from complainan on December 14,, 15 and 19, $1,- 660, $37.30, and $2,400, USIKO and $1,022 worth or jowallory, respectively.

LADIES' SHOES

American-made ladies' shoes for winter are now on sale at reduced prices.

Sizes availablóï, 4 to 71⁄2 9′′ Colours;, Groom,, Black, Brown Leather and nuode.

$2500 pair

convenience.

No information

au interim receiver is asked for There is no

De La Ramal planning to send its pro

offices closed

TAA CREW SAFE

IN KUNMING

Word was received by the

The offices of the. Filipino. owned shipping company, De La Rama Lines Incorporated, were officially closed yesterday Swire when Butterfield and assumed responsibility for the company's business in Colony.

the

De La Rama Lines Incorporat- cd, of Shanghal, have also sus- pended business and appointed Butterfeld and Swire their agents in the Northern, port,

Closure of the Hong Kong and Shanghal branches resulted fron local, Trans-Asiatle Airways' of Insulelency of business, the nice yesterday that the crew mom "China: Mall" learned from a bera of the TAA aircraft which rellable source. The decision was since Dolember 21, are sale in the firm's President Mr. S has boon ? stranded in Kunming taken several months ago when

Osmontas, paid a visit to the the Yunaan city.

In a telegram the stranded crew Colony, and came to the conclu- members of TAA said that they sign that the volume of bualness will return to the Colony as soon here did not warrant the main as Kunming authorities approve tenance of special branch of their departures and

"In the majority of cases whero Kong it that the naw the property is in the possession Cathay Pacific schedule will bring of one party to the action and the great benefits to traders and In- other party who claim the pro- tending, sightseers in both BorneoNo mention, of the date of or perty is apprehensive of danger and Hong Kong,

to it, pending hearing of the ac-

tion. In this cases the Court has

at least the affidavits of both

HANDBAG FOUND

parties and is in a reasonable AT STAR FERRY position to come to a deciston, NB

pocted return! tho massage.

mentioned 1 in

blockade se reduced maritime In Shanghai the Nationalist business, that the company ; de- cided several months ago to sus- pend ́ils Northern offices....

Contracts appointing Butter fold and Swite the company's

DRIVING CAR WITHOUT LICENCE agents in Hong Kong and Shang- In the present caso molther | A black handbag containing | plaintiffs nor defendants are in money, ornaments cosmetics, a Vietor Orloff, of 101 Hankow hat were signed a few weeks ago. possession of the property. There bunch of keys, a Parker pen and Rond was fined $100 by Mr. Yesterday afternoon the firm's is no information given in the a Shanghái ration card in the name X. d'Almada at Kowloon yester manager here, Mr. F. Simonson, nffidavits, as to who is in posses of Chol Bowan, of 106, KI Ban: day on a charge of driving a car. transferred a fow files to the B. sloh. Counsel for the plaintits, Chun, Shanghai,was found ab the without a valld iscence,

and B, office on Connaught Hoad: THE EVERGREEN when used, the question, Was Star Ferry, Kowloos, on Decor Defendant was seen by Traffic De La Hams's offices in Marina unable to give me much enllah bergangsjoper Sub-Inspector Geoffery, Hardacre House, will not be vacated until tenment. The earlier applications is owner should; apply per- in his car in Nathan Road on the end of this month mada to the Court, showed that monally?" to tho VTin Ghaivat Saturday. When asked for his De La Fasha Links opened two other parties were virival Police Station for the return of Fligence he produced one that ex their, Hong Kong, ofice after, the claimants to the pro

pired in 1949

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