1950-02-09 — Page 2

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ULYSSE NARDIN

Na

ALDON

NARDIN

THE CHINA MAIL, THURSDAY, FEBRUARY 9, 1950.

Airlines case continues at Supreme Court

The Supreme Court yesterday heard submissions that, because the Central Air Transport Cor- poration was admittedly a Government do. partment of China, the application in gugs- For a receivership cannot be granted in the absence of the proper third party——which is the

govemment of China. This Contention was expressed by Mr. Eldon Pot- ter, KC, leading counsel for the corporation at the hearing of the application by Civil Air Transport, Incorporated, in respect of CATC's property,

irt

strongly resent

"As the senior member of the Court for a fecelver, white the Bar in Hong Kong, I the person immediately affected 'strongly resent the attempts of was not made by them a party these people to delay posses-

to the proceediriga. "900" alon by a legitimate govern- Protesting against this state of ment of the property by bring- | adaire" which he " termed """non- ing up proceedings of this kind sensical" Mr. Potter" 'declared: mto the Court roptile purpose in Hone Ke of delay," Mr. Potter declared. the tempts of the people to Named as defendants in the ac delay possession of the property tlon-which la being heard by Sir by a legitimate government by Leslie Gibson, Chief Justice are bringing up proceedings of this Major-General Claire L. Chen-kind into this Court for the pur- nault and Mr. Whiting Wilinuer pose of delay who, the plaintiffs claim, bought

In a case of this kind where CNAC and CATC from the Nɛ- tionalist Government before Bri- certain property of a department there is dispute as to whether tain's recognition of the Peking of a government is said to have! Government and from

Correspondence

The Editor takes no responsibi- lity for plows expressed in Lettera bij correspondents, and by no means necessarily agrees with them.

Loans to refugees StrNow that the Hong Kong

Government is calling in loans made to loyal British'subjects who made their way Macão during the war years, it is suggested that! in fairness to these British sub- Jeels, Government hold a Court of Inquiry into the manner in which the affairs of the Relief Offico af Macao were conducted.

EX-REFUGEE

Manufacturing of brandy without permit

Dismissed workers in Court following incident at factory

Fifty-five dismissed weavers, dyors and coolies, of

the Hong Kong Wool Manufacturing Com pany, Trun Won, who on Tuesday evening attempted to prevent officials of the company from leaving the factory a compound, "ward bound over in $100 by Mr. F. X, d'Almada at Kowloon yesterday.

REVO

Personalia

Mr. John McAsian, Ballle of the Glasgow City Council, arrived from Singapore by BDAC yester day.

who made Bailie McAslan, many italka on Deal government In' Malbyd, is to give several lec- tres during his nino-day stay la the Colohy."""

F

He will leave on February 17

Six juveniles among the defendants were dealt with separately in chamber by the Magistrate. The defendants, whose ages Warning the workers three ranged from 14 to 23, were times to disperse at intervals, the defendants Ave charged with three counts of police

the entrance for Calcutta. conspiracy to imprison the minutes, to clear

Tel Falling to get a' response after the manager Mr. Joseph

pushed Hung-haleh, conspiracy to reve minutes, the police

the defendants aside. sist members of the police in Mama kan komma execution of their duty udp Three men were charged behaving in a disorderly man-.

ner. before Mr." Hin-shing Lo Central yesterday with the manufacturing of brandy with but a permi; and with posses sion of 444 boffles of brandy on which duty had not been paid.

at

The defendants, headed by Hung Hel-lai, weaver, pleaded not guilty to the charger waying that

all they wanted was to ade the manager to secure a speedy settlement

10 their disputa and when they could resume work.

Defendant Chu

gathered at the compound

to get an answer from the management as to why they were dismissed and why management did not show up for appointment with the Labour

Messe, M. Noualitates, Tchen Tarply to the megation war via chua, Telung win,, old str the police used force and hit the Tsing-ming were among those defendants with their clubs who left Hong Kong for Halphong Mr. Wright-Nooth said the by Air France yesterday. only necessary, force was Died

to get them into the police van.

whom bech bought by somebrie who A804 38, and Lam Phi, #ged 28. that the workersen-hin said to be examined. Eleven of them! John, Mr. and Mrs. T.S. Bohman,

plaintiffs are purported to have sold it to the plainfira one must bought the airlines in turn,

have the government concerned In this case,

the CATC pro-represented before the Court Communist

havei management been named as a third party to the action-the proceedings on CNAC having been dealt with by

the Chief Jušilce at a previous separate hearing, in which he re-

served his decision.

"Contrary to low"

Quoting from legal authorities in support, Mr. Potter asked how in the world could the Court Bave jurisdiction' to 'give an order for u receiver, which would in effect take away all the nasets of a de- John McNell and Mr. D. A. Lpartment of a government, Wright on the Instructions of Wilkinson and Grist, are appear ing for CAT, Inc.

Mr. Leo d'Almada, KC, Mr.

Chennoult and Willauer are re- presented by Mr. V. J. L. D'Allǝn instructed by Brutton and Com- pany.

CATC is represented by Mr. Potter together with Mr. Percy Chen and Mr. A.J. Clifford, oh! the instructions of A.S. K. Lab and Company.

Plaintiffs' case

"It is contrary to every poss! ble rule of our faw, ho com-

mented,

Counsel went on to contend that Chennault and Willauer riot' only took 'e chance on whati would happen "in" China" at "thè

Into the can tract to buy the sļeling, but In anticipation of the British recognition of the new Govern- ment, they made a deliberate attempt to deprive the success ful Government of the property concerned.

time the want they

Mr. Potter said he did not know The case for the plaintiffs yes- terday was opened by Mr. Wright,..what the law was in America, who referred to the facts as con- but added that in British law the automatically tained in various affidavits, and in new Government particular to documents connected succeeds to the property of the with the alleged sale of the air old. Iines to Chennault and Willauer.

Mr. Wright also referred to an affidavit of Mr. Tseng, of the CATC management, in which it was stated

Replying to a query from Sir. Leslie as to whether it was pozal- ble or not for politics to be left out of this, counsel said that, with that the CATC treat respect, he could not do so, a part of the Central People's Government of China, and had been administered as a govern- ment department since 1942.

the

by defendants Mr. d'Alinfida sent Hotel on Tuckday included

When the allegation was made Departures from the Peninsula Mrs. 21 of them to the hospital at noon P. Maxwell, Mr. and Mrs. R.P. were found with slight abrasions Mrs. B. J. Walton, Messrs. and Mrs. E.A. Grimths, Mr. while 10 of them were found with| no marks at

1.1. Auster, A. Lovell, M. Firth, After

was given by W.E. Osborne, L.C. David, ier evidence Sub-Inspector

St Wal-ming, who Rocke, A.E. Houseman, said that defondants used, abusive Hopwood, S.J. Woodhouse, and language and called the Chinese ning dogs," Mr. d'Almada found members of

of the police force "rin- defendants guilty on all charges.

Two of the men, Yim Bing-fel, pleaded not guilty tooth charges saying that Lee Wah- "was 'the owner End brandy Ved denied the

Miss G. Stander. was manufactur ho Hind but pleaded guilty |

chargo

to the second charge."

Revenue Inspector * I. Milling ton accepted the not guilty pleas and Yim and Lam" "Werd chirged.

didn

Inspector Millington asked the Colirt to take'n'jeribus" view of the case as when they ralded 40, Sal Street, second for, at 6 p.m. on Tuesday "a" "Ibrgo" 'quantity of distilling prophethaith and ompty bottles were found beside bottle of Brandy

.

He added that operations were being out on the premises.

T

the

large-scale carried

Lee said that he was a travell- ing trader and bought the bran dy to export to Canton,

He was ined $1,500 by Court,

the

an

Officer.

Mr. G. A. R. Wright-Nooth, District Superintendent Police of Shamehulpo, said that

The Magistrate's proposal to on Tuesday afternoon the manager and two other officials impose a nominal fine of $5 each of the factory were surrounded on the charge of resisting the by the workers inside the main

ain police was met with a chorus of

"no money." gate while they were trying to leave in their car. The workers refused to let the car cut and insisted on getting an answar from the offičļais.

When

Police arrive

the police, headed by Sub-Inspector Jack Dempsey, ar rived and asked them to let the car leave the strikers still refused and linked arms.

The workers stood their ground when

a large party of police headed by Superintendent Wright- Nooth, from Shamshulpo arrived at 7.15 p.n.

Reunion Dinner at

Joseph's College

St.

seventy-fifth anniversary of one of the fare- most boys' colleges in the Colony, Saint Joseph's College, was observed et o Reunion Dinner attended by over 700 old boys in all walks of life at the school hall last night. The Dinner, according to Dr. George Choa, cct-

"This is, in my submittion, a The purely political manoeuvre with that end in view," he stated, referring to his submissions of plaintiffs "deliberate attempt to After making a reference to an prevent the property from fall- amdavit of Mr. F.L. Lam, solicing into the hands of the fegl- tor, on Chinese law in this con-mate Government of China, anca nection, Mr. Wright turned to an Eritish recognition camo." affidavit of onë 'J.J. Brennan, and read the

which said that Hearing contluues at 10 am. passage the sale of airline from the today, and is expected to anish

the Government or China to Chen today nault and Willauer was certified by His Britannic Majesty's Gov- ernment through the Foreign Offlee in London.

After Mr. Wright hud made ro ference to other affidavits, Mr. d'Almada addressed the Court on thé légal aspects of the inatter,

Submission by counsel

Plane's mercy mission across the Pacific

Mr. d'Almada then sald that since they could not pay their and he would bind

them over in a heavier aum.

Aussie's free Japanese suspects

Tokyo, February 8. chief today refused to comment

The Australlän war

on the

A. A.E.

Among the new arrivals at the Peninsula Hotel on Tuesday were Mrs. Val Chialom, Miss P. Austin, Dr. Linn F. Cooper, Mesers. Frank Hwang, C. C. Asher, Rex L. Car- penter, L.L Chambers, J.P. Fish, Norman Arkin, Jack P. Peak, A. Inocents, and L.O. Banka.

-Messrs, C.F. Lee, Manager of the Hong Kong Cotton Mill, Limited, and C. C. Lee, Managing Director of the South China Tex- tile Company, left the Colony yes- terday for Jacurta by the $5. Tjiljalengka.

rimer Voice of Prophecy

"Bydney Sun's" report that Canberra had ordered "lo

rolcase

speaker in HK

of 90 per cent of its Mr. H. M. S, Richards, speak-

war crimes

suspects

Japancso and the dropping of investigder on the world. broadcast of tion and arrest of about 100 ad-the Voice of Prophecy, arriv- ditional Japanese but one Aused in Hong Kong yesterday tralian officer said he was amazed from", Singapore, by BOAC. that this classifed information The Volco of Prophecy is said had

been published.

to be the third "biggest rell- The Australian deputy, T. W. gious broadcasting programme Eckersley, said the diplomatic in the world. mission was not; handling the matter.

Mr. Richards' weekly audience Lieutenant-Colonel D. L. B. has been conservatively estimpt- › Cieslott, chief of the Australianed af between 10,000,000 and division of General MacArthur's 16,000,000, radio listeners. In legal section, had "no comment."Arserica is volca has been de

United Press.

scribed as the "million dollar radio voice."

Ing Honorary Secretary of the Old Boys' As Portuguese Red

sociation, was meant to mark the opening of

a new era of co-operation among all-the-past- students of the Collage.

The Roman Catholic Bishop the Reverend Brother John some of Hong Kong, the Most Ro verond Henry Valtorta, has and been nominated Patron,

Mr.

kills himself

+

He is now on a world tour by air.・・ His 25,000-mile oircuit' in- cluded a visit In the Holy Land. The Christmas day world-broart-15 cast of the Voice of Prophecy was given by Mr. Richards from the town of Bethlehemn.

Lieben, February 8 death of one of the high officials Police reports today tell of the months ago when the latter re-

The broadcast was started turned to Ireland-declared that. of Portugal's Communist party. even from 10,000 miles away, The police said that Jose More eight car ago, by the Seventh- the Hon. Leo d'Almada e Cas he had heard so often of the boys ria killed himself while in pollca day Adventist denomination as à

of Saint Joseph's in Hong Kong cistody by jumping from the third venture on 83 stations. tro KC. President.

and their activities.

Door of the police headquarter's San Francisco, February 8.

Mr. Richards will speak at the Wong Wing-cheung is

The

speaker went on to recall

building. A British Commonwealth Honorary Treasurer, assisted by the teachers and bags of the col-

Benor Morerla was arrested Bible, Auditorium, Chatham and Pacific Airways transport Mr. Franels Lee, Dr. Chon is up- lege, who in December 1941, were recently in stale police drives to He submitted that the plain-winged its way across the sisted by Mr. Fung King-fun.

at 8 pm He will also called upon to fight for the cause crush the remnant of the Com-Bay gads Kowloon cn Satur An interim Committes has been tiffs had made a prima facle Pacißo today on a life or death foried pending the drawing up and many of whom perished in munist organiskiion, which is out-Į SPPAR, ON Sunday at p.m. and title to the airline property, and mission, carrying a pair of rate of a constitution, the draft of heights of Hong Kong in its do

the hills of Kowloon and the lawed in Portugal.

at 10 am, Police described Moreria as ope Ho, will also speak at that on the evidence, they had surgical forceps from New which has been revised by Mr.fence. made out a clear case showing York to Melbourne for an d'Almada Castro.

of the most dangerous Communiste Seventh-day Adventist Memorial the expediency--if not the necca operation on un

Brother Rafael concluded by in Portugal, operappene church, 17] Ventris Road, Happy sity of the appointment of a child's stomach.

Australian

The Association President, how welcoming all present individually The police officer who was Valley at 6 pm. On Sunday, ever, was unable to attend last and collectively, adding that he charged with guarding foreria From herb Me. Bichants will by The flight of forceps was touch ropiles to the invitations

was extremely proud of them. has been charged with negligence, to Tokyo for his next speaking Counsel went on to say thated off by a plea from the Austra»

Dr. Chon who recently repre--Associated Press.

engagement. the position is that, on the one lian Trude Commission to take the to old boys had been so many sented the Colony in the Interna- Hand, there were documents Instrument

that more than half of the attional half way

*Tennia nearly showing the sale of the airline to

City to Prince

nora served in the available space

| receiver in respect of the assots.

Chennault and "Willauer, and" on Yor the world-from New endants yesterday had their din- tournament" in the other, contentions that this Hospital in Melbourne's below the hall which had to be spoke, in the course of which he war against the lawe of China, United Airlines transport specially arranged for the pur

brought the instrument, described

"There is, however, no evid-as ence given by the third party to forceps to San Francisco where it "seeing eye pastronomiće! disprove the validity of the sale," was transferred to a BCPA plane Mr. ́d'Almada submitted,

that took off at noon yesterday. As to the question of recogni- The BCPA, plano is expected to tion, Mr. l'Almada told the Court arrive in Melbourne at 0.40 p.m. that there was no question of local time Thursday. retro-activity as from January 0. Any 'purported requisition of the property before that time war thus done by a non-existent gov ornment, he added, and there in no questiori of its possessión by the new government before the property was sold to Chennault and Winauer. K

Mr. Potter for the third party. then rose and asked the court to consider what the kalë,"frë volved in "this" case, IE wat al sate of a whole government qu partment, "he "assarted,

The child was reported to be, four years old -United Press.

Director's address

emphasised that the purpose of

the Association was to maintain contact between the old boys, to promote friendship between them. and-among other things-to pro- mole loyalty to the welfare of the College.

•

College incidents

After the dinner, Reverend Brother Rafael, Director of the College, addressed the gather- ing and sald that looking upon them, one of his fondest hopes sr. H.A. da Bilva spoke in bis In the bidrics of Mr. d'Almada has been realijcd.'

Brother Rafael who replaced place, recalling briefly certain in- cidents back in epilege life with

Fifty-six ships ran blockade since Jan.

.......

the torchers, particularly the Re Verend Brother Paul.

the

Street Sleeper's Shelter Society makes appeal

Ari urgent appeal to the public for funds in sup

part of the Stroof Sleepam Shelter Sociary was made by Mr. D. L. Strølleft of the an- nual generpt meeting of the Society yester. doy.

Speaking as Chairman of the 70 people, mostly wonian and Society, Mr. Strejlett describe children who were admitted, to

The Reverend Brother Cassian, Director of the LA Salle College, ed the present funds of the palmitad fellisins available to

Society as slender due to the Society, Las Kowloon, said that an Association unprecedented expert Mistrz Be Medical-treatment by the kind. like this, by which one Tekna za ved by the society, in their servická" of "the St. John's: Am-.

stand by one:

Saint Joseph's Cailexe, In tire work the previous year. Since the first of the year, 56 ships--more than

mainly a trosrure of armat prion The Society wald: Mr. Birallett, half of them British-registered--have broken

***After dealing with the question had had to commedals the needs

or membership and the homines during the summer months the Nationalist blockade to Communist ports, Löd of omcersho

of only during winter. This necessity, was broug Tared: "The Principal cargoes of the ships these two ports, and ning out of bore the College o in no way about by various contingenc

is way which included The Wine On Bru ard "vitally-needed : Industridi, overy, 30 blockade runners traded chemicals, rubber, cotton, new-with the spite of Tringlao, Amby, unworthy the port generating disaster, the indux of satura

receded I Never have from war-torn: China and eller paint, copper wiring and patre Total gross tonnage of the line now among the bow with a view towards foleing

Bwatów or Tientald.

| Etien s'betfez spirit than the age factormare added fr loumend any government of China to dian

ships to leave aihes January 1 to Never have the destinies of the much parded funds nubrcoms pose of the whole or the quela di

This is the greatest number of more than 140,000 tong-

Collore ben

me driv gorfainin a department of state andro ships to broak the Nationalist

Tá bælter hands thần mitten was alhölesi, yastajday, to {{Bings":January 1" (3) Br their own evidenco-yowing blockade to Communist ports for ships and

"Nonsensical"

of evidence is there by the law of China: for

"What seinilla of

da go with the object of defent- any similarìperiod since the blọc- } broke the blockages Ma

Pre the succession of our own de kade was declared, on-line 20, 391owever, except for the lure, recognised government? 1969.

-registered: 290, ton ma Courieelt askedarna

dels Greatest change in the routes of Moliery no foreign ships: This is for them to satabilah I'm umirul increase in nume present the pi

the blogandipatuhing “ships ayani ported) (endin" vilt th

before the car bmaka;?? out

godini The drive will include

radio appeal bypr

bulende nurses had also been plures mate regular bi-weekly available to the Jumates. The visits to. The shelforts to [2 Men. Eur Strollait S.

LES WIS' TO- "elected: Chaimah (or the Society. elected

vriéry,

Les

Brow

ive. Còm- were, the Van Archdescon u«yun; Mrs. Ethel Holmiba- Bir," "en" #hiu-kin; OBE,

VO.Jockeón: and:

Hone Kong

B.C

versity

Stwo out, oli averys thiri