1924-05-24 — Page 2

Page

MARTELL'S

I

ONE STAR

V

TWO STAR

V. S. O.

THREE STAR

V. S. O. P.

THE HONGKONG DAILY PRESS, SATURDAY, MAY 24TU, 1924

BRANDIES.

BOTTLED IN COGNAC

AND GUARANTEED

PURE GRAPE BRANDY

BY

MARTELL &

SOLE CENTS

STATUS OF KELANTAN. DUFF DEVELOPMENT APPEAL DISMISSED.

The House of Lords on April 10th dis missed the appeal of the Duff Develop- ment Company in their protracted liti gation with the Government of Kelantan.

Their Lordships held that the state-

went of the Colonial Office that Kelantan is an independent sovereign State must be accepted as Goal anch that the Courts of Britain had no power to enforce orders maile by, then against the Sultan-and Government of Kelantan

00. “They also found that the Government of Kelantan had not waived their defence of an independent sovereign State, in connection with the litigation,

GANDE, PRICE

& CO., LTD.,

WINE & SPIRIT

MERCHANTS,

QUEEN'S ROAD CENTRAL,

HONGKONG

Tel C. No. 135.

Dont ask for a Disinfectant,

Demand

LOTOL

it is

ECONOMICAL and EFFECTIVE

SPRAY FREELY.

FLETCHER'S PRICKLY HEAT LOTION

SPEEDILY CURES

PRICKLY HEAT, HIVES, NETTLERASH and SIMILAR

SKIN TROUBLES,

ANTISEPTIC, SOOTHING and HEALING.

TEL. 345.

PREPARED ONLY BY

THE PHARMACY,

(FLETCHER & "CO. LTD.)

AASIATIC BUILDINGS,

RUSSO-ASIATIC BANK.

"JAPITAL (FULLY-PAID)

BEERVE FUND

CIPITAL CONTRIBUTED AT THE

CHINESE GOVERNMENT

RESERVE FUND.

414

2 HEAD. Orrier:

Paris: 9. Rue Bendreau.

**- London - Orvice:

64, Ohl Brol Street, E.0.2.

BANKZES:

·Roubles

Kap

ONDON: Masers. Glyn, Mills, Carrie & Co

Societe Genersie pour Favoriser Developpement du Commerce et de l'Indre- trie en France.

P Societe Generale pour Favoriser lo Developpement du Commerce et de l'Indus- trie en France: Banque de Paris et des days-Bas

our Favoriser le Developpement du Commerce et de l'Indus trie en France,

TONS Societe Generale pour

New You The Irving Bank; Columbia

Trust Company

SAN FRANCISCO The Crocker National Back.

of San Francisco

BRANCHIA IN VÄÄTÄ?

Thangchun Hanków Manchouli Tientsin

Thefoo

Dairen

Bailar

Horbin Newchwang Uramtchi Hongkong Peking Yokoham Kasligar Shanghai

HONGKONG BEANCH:

Interest allowed on Current Acconata and Fixed Deposite. Terms on application. Local Bills discounted.

Foreign Exchange on the Principal

he World bought and salt.

Cities of

L BAINES,

*Manager.

THE CHINESE · KERUHANTS

·BANK, LTD..

司公限有行銀商華

HEAD OFFICE:

Alarsedra Buildings, Chater Ros.

NENERAL Banking sod Bobange

G Bosiness trapaseted..

Licans granted on approval ascaritiou

Current Accounts opened and Fixed Deposite reonired at Rates which may be ascer Stained on application

The Back also Department

conducts Bavings

ICOLAU,

Chief Manngar,

26, QUEEN'S ROAD CENTRAL,

DAIRY FARM NEWS.

It's

"It'atheflavor. Nothingbur the finest selected cheese can ever produce Kraft quality. Quality means lavor, and it's thé flavor."" that makes Kraft Cheese” so incomparable.

cerieties: Canadian, Pimenta, Suin, sold by [thafilice," Round 'bé loof, SVARIETIES IN TINS)

KRAFT

LOAF

"CHEESE

(CANADIAN)

80 CENTS PER LE Obtainable at Our DEPOT and BRANCHES.

JUDGMENT.

Viscount Cave, in moving that the

BARDINET

LIQUEURS.

**Nothing Like It.!!!

SOLE AGENTS:

H. RUTTONJEE & SON,

appeal should be dismissed, said Vatcel OBTAINABLE EVERYWHERE. (Droit des Gens. Ed. Pradier-Fodéré, 1863, Vol. 1, Chap. L) defined a foreign State as a nation which governed itself by its own authority and laws without dependence on any foreign Power; but he also laid it down that a State might, without; censing to be a sovereign"State, he bound to another more powerful! State by an unequal allizace. No doubt the engagement entered into by a Stato might be of such a character as to limit and quality, or even to destroy, the attributes of sovereignty, and independ- ence, and the precise pot at which sovereignty disappeared and dependence began might sometimes be difficult to determine. But where such a question. arosse it was desifable that it should be determined not by the Courts, which must decide pa legal principles only, but by the Government of the country, which was entitled to have regard to all the circumstances of the case. Indeed, the recognition or non-recognition by the British Government of a State as a sovereign State had itself a close bearing on the question whether it was to be re- garded as a sovereign in our Courts.

COLONTAL OPTICE REPLY...

In the present case the reply of the Secretary of State showed clearly that, notwithstanding the engagement entered into by the Sultan of Kelantan with the British Government, that Government continued to recognise the Sultan as al sovereign and independent ruler, and that His Majesty did not exercise ar claim any rights of sovereignty or jurisdiction ever that country. I after this definite statement a different view: were taken by a British Court an undesirable conflict might arise, and, in his Lordship's opin- ion, it was the duty of the Court accept the statement of the Secretary of State, thus clearly and positively made, as con clusive on the point...

It had been argued on behalf of the appellant company that, assuming the Sultan of Kelantan to be a sovereign ruler, he had waived his sovereignty and submitted to the jurisdiction of the High Court, and that in two ways," namely, first by asserting to the arbitration clause in the deed of 1919 and, secondly,

KRYPTOK

INVISIBLE BIFOCAL LENSES.

ASK

CHINESE OPTICAL CO., 67, QUEEN'S ROAD. C.

To the Publisher

"HONGKONG WEEKLY

PRESS"

11, CHATRE ROAD, Hassions.

Please send me the

Егола

i

"HONGKONG Werxzy Press,

1924,

addressed as follows:

POWERFUL PICTURE

FILLED WITH COMEDY.

DRAMA & ROMANCE!

DON'T MISS THE THRILLING BALL GAME!

TRIFLING

WITH

HONOUR

With a Superb Cast including

ROCKLIFE FELLOWES, FRITZI RIDGWAY BUDDY MESSINGER, HAYDEN STEVENSON.

A THRILL D

| DRAMA OF

A Man who sunk to the depths and was won back by love!

A Girl whose faith brought the may lack :

A Boy whose faith brought happiness to the two loved best!

A Friend who played square and lost gamely!

TO-DAY AT THE

WORLD THEATRE.

For LADIES.

Beautiful Small GOERZ CAMERAS

fitted with GOERZ LENSES.

Dainty Small GOERZ Theatre GLASSES.

Nice ALBUMS and TRIPODS.

Fancy Box Stationery of M.K. Wonderful Pencils,

Pens and Cards, etc.

SHOW ROOM:

30-31, DES VEUX ROAD C

ment of Kelantan, by agreeing to the submission which became an order of the

HALL, LAW & CO.

TELE 3217

by applying to the Court to set aside should they consider that the Govern- the award of the arbitrator.

:

QUESTION OF SUBMISSION.

Then, had the respondent, by agreeing Court and, faking the course they did, to the arbitration clause in the deed were bound to treat the matter as one, of 1912, submitted to the jurisdiction so proceeding in which the sovereign State far as segarded an application to the had waived its privileges anal in which Court to enforce the award? But the justice could alone, he done by making question also remained whether this the law applicable equally to both parties. agreement to submit was equivalent to an actual submission. On full, considera tion his Lordship was satisfied that it

was.

There remained the question whether the Sultan, by applying under Section 11 of the Act to set aside the award, im- pliedly submitted to an application under Section 12 of the Act to enforce it. To his Lordship's opinion he did not.. By his application under Section 11 be endeavoured to get rid of the award and left it to the Court to decide his rights in that respect; But the application to enforce the award was a new proceeding and, though connected with the warber application, was distinct from it. Io his Lordship's opinion that argument also failed.

Viscount Finlay and Lords Dunedin and Summer concurred.

LORD CARSON'S DISSENTS. Lord Carson, i dissenting said he confessed that if it was open to him to <sregard the statements contained in the letter from the Secretary of State for the Colonies that Kelautan is an independent State and the present Sultan is the present sovereign ruler thereof " he would find great dificulty in coming to that concfasion of fact, having regard to the terms of the documents enclosed in the letter from the Secretary of State. It was, in his Lord Carson's) opinion, difheult to find in those documents the, essential attributes of independence and sovereignty in accordance with the tests laid down by the exponents of inter- national, law. He Tailed to see how "the principles of doing complete justice, where a Sovereign had waived his privi Jezes, could be carried out if it was to be held, as it had been held apparently. in this case, that at each step where it was necessary to invoke the assistance of the Court the sovereign power could claim such assistance, but could, when it was demanded by the other party, raise as a defence that he was protected by his sovereignty. How could it he said that when the act of the sovereign power bad invoked the benefits of the procedare devised by the laws of this country for enforcing its claims or settl ing its disputes international comity, which induces every sovereign State taj respect the independence and dignity of Any other sovereign State," required that our Courts should lend themselves to such palpable injustice as to refuse mutual relief to hoth parties concerned t

He did not think they were entitled to consider cuch stop taken for the pur pose of enrrying out the proceedings necessary for making the award effective as a separate invocation of the jurisdie tion of the Court, which required a separate sub-mission by the sovereign State to give it jurisdiction. Rather

(Coulinsica on next column)

The appeal was dismissed, with costa against the company, such costs to be set off against any sum which might be owing by the respondent Government to the company.

HOW

PIANOS FOR SALE OR HIRE.

TSANG FOOK" PIANO CO

Tx. 997.

94a, Wanchar Road.

TO GET GOOD SERVICE FROM

MICHELIN TYRES.

neep tyres pumped up to correct pressure for the load they have to carry. tell you what this should be,

We can

When tyres are under inflated there is continual internal friction between the foundation cord and the rubber, causing overheating of the tyre and consequent rapid deterioration,

Water can also enter causing rust, resulting eventually in the rims having dges which cut the walls of the tyre near the head.

sharp

Most cars in Hongkong run on under inflated tyres with the above disastrous results,

Have

wheels examined front and rear for trueness and tracking alignment. II. they are at fault in this respect the tread of the cover is subject to a grinding action which quickly destroys the cover.

your

Keep tyres free from oil and grease.

Start and stop gently and take corners slowly.

Lastly buy

tyre satisfaction

MICHELIN

tyres from us and follow the above advice and

assured.

Europe-Asia Trading C

Telephone 3438.

China Building, 1st Floor.