1938-08-12 — Page 16

PAGE 16-HONG KONG DAILY PRESS

HONGKONG, CANTON & MACAO STEAMERS

JOINT SERVICE OF THE HOMERONG, CANTON EMACAO STEAMBOAT CO-LYDLITKE CHINA, NAVIGATION CO.LTD.

TRAVEL

THE

SHORT

SAFE

SEA

WAY

by the British Line

NDL

CANTON LINE

From Hong Kong: 8 A.M. only. (No sailing on Sunday) From Canton: B A.M. only. (No sailing on Sunday)

MACAO LINE

DAILY SERVICE

From Hong Kong; 8 A.M. & 3.30, P.M. From Macao: 9.30 P.M. & 3.00 AM.

NOTE-In compliance with the Quarantine

Regulations and until further notice, the ordinary Sunday excur sion steamer to Macas will leave Hong Kong at 9 am, and return from Macao at 9.30 p.m.

}

Note:--All vessels aquipped with Wirelben.

QUEEN'S BUILDING, CONNAUGHT ROAD Telephone 20101

APE

FAR EAST EXPRESS

PASSENGER & FREIGHT SERVICES.

*

24

From Hong Kong to

Europe

Vasaris

Forta

Data

Dodáil..

Dr. flotterdam,

Hamburg, Bremea

Chumsenzor

Straits & Ceylon

[300

Manlia

Varissu

-no Rotterdam; Bremen, Hamburg

Siazapore, Belivean, Colombo Singapore, PrasugaRelawan, Colombo ..

Manila

Aug

Aur

.

Ang

Shanghai & Japan

Scharscore

Shanghal, Yekelams, Ke

China & Japani

South Sea Islands

Crefel Regensburg

Daires, Taku

18

ah.. Kaymak, Tokharfin; Taki Tringall

Ang

".

Friderin

indung, Salamsaus, Taligi, Rahaul, ate..

| Cel

В

Ednject in Alteration without Natuw. "

Shanghai, North

For Pasage and Freight apply to..

NORDDEUTSCHER LLOYD BREMEN

AGENTS: MELCHERS & CO.

Juwn Building, Connaught Road.

CANTON AGENTS: JRBSEN & 00., SHAMEEN, B.O.

THE

Telephone 1777.

BLUE FUNNEL

LINE

REGULAR

AND

FAST

FREIGHT AND

PASSENGER SERVICES

LONDON SERVICE

"AENEAS" Sails 28 AUG., for Mara., London,

Rotterdam & Glasgow "AGAMEMNON" Яail 7 SEPT., for Mars. Cʻblanca,

London, R'dam, Hambyre & Olaizow LIVERPOOL SERVICE- "TITAN" Bails 22 AUG., for Havre, Liverpool"

Bromborough

"

· NEW YORK SERVICE "ADBASTUS** Salla 9 NOV., for Boston & Now York,

vis Cape of Good Hope. PACIFIC SERVICE(eša DIIREN, KOBR, MAGOVA & FOXGNAMA)

"IXION" Sails 12 SEPT., for Victoria, VadSOUTERR

& Beattle INWARD SERVICE

"CLYTONEUB " "LAOMEDON"

*ARFEDON"

Duo

12 AUG. From New York via Panama - 13 AUC, From Europe via the Straits

14 AUG. From UK, via the Straits

H

Specially reduced fares are quoted for cargo steamers with

limited passenger socommodation

For freight passage rates and information apply to Butterfield & Swire,

Tel 30333.

Arente 1. Connaught Rowd; 0)

JAPAN IS PLAYING

IS PLAYING FOR TIME

Cannot Rely ADOPTING SAME COURSE On Anti-Red

AS AT LUKOUCHIAO Pact Allies

FAMOUS CHINESE CATHOLIC GIVES HIS VIEWS

"

Haakow, Aug. 11.

A Russo-Japanese war would precipitate the collapse of the

she Japanese now that

has

her hands already full in China, declared Dr. Pan Yu Pin, Vicar-Apostolic of Nan king in an exclusive interview with the Central News today. Dr. Yu recently returned to China from a nine-month tour. abroad.

Hankow, August il.

Japan's concession to Soviet Russia and her readiness to arrive at a diplomatic settlement after the outbreak of the Changkufang incident may be compared to the same course that she adopted following the occurrence of the Lukouchlao affair, according to Gen. Chin Teh-chun, former Mayor of Peiping.

ACTION UNDER STATUTE

(Continued from Pare 3)

:

Making public for the first time, the background of Japan's polley

in July 1937, since the Marco Polo Bridge., controversy developed into

FRIDAY, AUGUST 12, 1938.

FOREIGN MAILS

Air mail letters may be posted in the ordinary posting boxes. They should be clearly marked "By Air Mall" and bear'sufficient postage. In- aufficiently prepaid letters may be taxed with double the deficiency or forwarded by Steamer Service, at the discretion of the Post Office. Air Mall Services to Shanghai, Nanking, Tsingtan, Tientsin and

Polping are temporarily suspended. Letters and Postcards for "Europe and South America are forwarded 'via Siberia' if so superscribed.

Prom

INWARD MAILS

Air Ball by "Imperial. Airways

Direct Servica"-London date, Imperial 7th August.

Per

a major war between the two Japan and Shanghai... nations. General" Chin" said that it Was the original plan of the Chinese authorities in the North to dispose of the Japanese detach-Manila ment which provoked the incident. Haiphong. Pakhol and Wolhow... Sulyang...........

The Japanese militarists, then FALL IN PRICES

realizing they had not yet "com - The goods arrived in Hong Kong pleted their military preparations. early in November and were placed made

peace overtures to the In the godowns of the China Pro- Chinese and expressed their will- vident Loan and Mortgage Co., Ltd ingness not to aggravate the con- First defendant was so notified on jaket by unconditionally withdraw. November prices for such goods were falling

monthing their troops from Lukouchiad. rapidly and plaintiffs pressed him to make payments according to

19. In that

ΟΠΙ

the

Haiphong

Air Mall "by Fan-American, Air-

WAYS

Airways Plane Clytoneus.....

Min..

Terukunt Maru.....

12th Aug.

12th Aug.

19th Aug.

izth Aug.

"19th Aug.

Airways Plane

13th Aug.

Conte

Biancamano

13th Aug.

Behar.. Laomedon...

13th Aug.

Direct Service"-San Pan-American

• Francisco date, 6th August. Straits and Manila

Straits .... Straits

Straits and Europe via Negaputam (Letters and Paper) London date 14th July Shanthai and Swatow.....

Japan

Manila

Haiphong and Fort Bayard. Shanghal and Amoy ... Shanghai and Europe via Siberia-

London date, 21st July.....

Despite the Anti-Comintern Pact. Italy and Germany. In Dr. Yu's epinion, would not help Japan in

SUDDEN ATTACK the event of a war with Soviet Russia. Because of the Ethiopean the contract but nothing was pald. seemed anxious for

Though outwardly the Japanese peace they issue, Italy wants to be on friend-

Accordingly ly terms with Great. Britain and

"December were actually playing for time. would not like to be involved in plaintiffs issued a writ against him General Chin said. So as soon as any imbroglio in the Far East. for the price of goods bargained their reinforcements arrived, they

sudden attack on With Italy standing aloof. Ger- and sold. It was specialty, en-made a many alone would not help Japan. dorsed with particulars of the pur- Chinese garrisons at Langtang and chase price. The writ was later

precisely the amended to include the remaining With referénce to Anglo-Japan-defendants as transferees of the formula which Japan is adopting Straits and London Parcels Lon- ese relations Dr. Yu stated that business of first defendant The Prime Minister Chamberlain's for action was tried on March 16 and eign policy should not be construed 17 and judgment was given on as one of compromise with Japan, April 5 for the plaintiffs against all Chinese resistance before attacking because Britain's compromise in defendants

claim and Soviet Russia." Europe was in a way designed to strengthen her position in the Far East.

ANGLO-JAPANESE RELATIONS

On the basis of Britain's traditional Far Eastern policy one could draw the conclusion that once she compromised with Japan it would not only jeopardise her own interests in

casts.

för

the

Nanyuan.

This

Jean Dupuis. Kingyuan.

13th Aug.

Katori Maru..........

13th Aug...

Binkiang..

13th Aug.

Morioka Maru........

13th Aug.

Nagara.....

19th Aug.

13th Aug.

14th Aug.

Bangalore

14th Aug.

present

Chin

Direct Service"----London 10th August.

Air Mail by "Imperial Airways

Barpedon. Hupeh...

date, imperial

14th Aug.

15th Aug.

16th Ang.

same

in connection with the border. tension, General averaged. "There is no doubt that Japan is deterrained to crush

JAPANESE CENSORSHIP

don date,, 7th July Tientsin

Calcutta and Straits.

Japan

Manlia....... Saigon

Straits and Europe via Suez (Let- ters and Papers) London date. 21st July and London Parcels London date, 14th July

The goods had remained in the gedown until plaintiffs were able Referring to conditions in the to dispose of them and the first North, General -Chin confirmed defendant therefore became llable press reports that Chinese guerillas under condition 8

extremely for storage were

active in the charges and also for interest at 12 Pelping-Tientaln area.

Since the Soviet-Japanese crisis Japan per cent. p.a. on the purchase price. The storage charges enced about bruke cut, he concluded, the Japan Australia and Manila.. March 13 and the interest charges ese have banned, the publication Japan and Shanghai...... the Far East but also endanger

about March 23 the two amounting of such news in Peiping and Tien-Japan and Shanghai...... the foundations of her Empire.

to just over $1,000. The sum of tsin vernacular papers(Central USA, Honolulu. Japan and Manila Questioned as to the possibility $1,000 is claimed in the present of a European war, Dr. Yu said action. that barring the emergence of un- predictable incidents there would

be no likelihood of a repetition of the 1914 conflagration in the near future.

ITALO-GERMAN SUSPICION

News).. 1

FRENCH LODGE PROTEST

Airways Plane Tiiswa...........

La Plata Maru... Emp. of Canada Aramis....

Chitral.

18th Aug.

15th Aug.

18th Aug.

17th Aug,

17th Aug.

Heiyo Maru

17th Aug

............. Atmuta -Maru

[Hth Aug.

13th Aug. 19th Aug.

$3rd Aug.

Pres. Doumer. ..... Nalders...

(Ban Francisco-date, 29th July) Pres. Coolidge...

OUTWARD MAILS

REGISTERED AND PARCEL MAILS are closed 15 minutes earlier than the time given below unless otherwise stated, and where "mails are advertised to close at or before 9 a.m., registered and parcel mails are closed at 5. p.m. on the previous day.

At the outset at the present case it was agreed by both parties that I should not deal with questions of fact regarding the exact amount of the storage and insurance

Tokyo, August 11. charges, the periods during which The French Ambassador called The reason why Dr. Yu believes they were parable on the counter-at the Foreign, Office today to so is that while there has been claim, but that I should frst hear lodge a protest against the bombing a closer understanding between the arguments and decide the follow of French Masion property in "have" nations, such as Great Bri-ing questions: (a) Is the judgment Canton.-(Reuter). tain and France, there has been a

obtained in, the O.J. action a bar growing tendency of mutual sus-te the present action?; (b) Does picion between Italy and Germany, the present claim amount to the not destroy their cause of action amoy.... especially following the "Austro-splitting of a

cause of action for breach of the condition. German anschluss.

contrary to Sec. 10 of the Summary The defence have expressed a Jurisdiction Ordinance No. 4 of fear that "The subsequent establishment of

to allow the present 18737; and (e) Is the Fraudulent action might encourage multiplicity the Anglo-Italian understanding

Transfers of Businesses Ordinance of actions. The Court, however. over the Mediterranean and the

Spanish "volunteer question. Dr. Yu applicable to actions in the Sum-has an inherent. power to stay

added, has rid Europe of severa! otherwise highly dangerous causes. -Central News).

QUESTION NOW SHELVED

Creation Of A Central Agency

In China

Shanghai, Angust 12. The question of creating a central agency to deal with affairs relating to China, of which there had been much talk since the Japanese Gov- "ernment indicated in the last Diet session that it would, do something about it, is to be -shelved in view of the Soviet problem, it was learned here here today.

mary. Court?

For

FRIDAY

Jamshul and Wuchow..

For

Uste and Time

Friday, 12th

71

Kongning.... Tinegara. On Lee..

".

15 AM 8.30 AM

10.00-AM

Reg.

Terukuni Maru

Urd

Kongmoon... Air Mail for “K.L.M. Airways Direct Service"---due Amsterdam, 23rd August. Straits, Ceylon, India, East and *South Africa, Aden, Egypt' and Europe via Marsellies-due Mar- seilles, 8th September. *Swatow and Amoy,

GP.O. & K.F.O.

13.30 PM

1.00 PM

Q.P.Q. & K.P.O.

Beg.

12.45 ru

Terukuni Maru... Hatching.....

Ord.

1.30 Pat

2.00 PM

2.30 PM:

actions.. which it considers vera- For the plaintiffs it was contend-tious and, in addition, it can make ed that the fact that defendants a special order as to costs to pre- were sued in the first action only vent any abuse of its process. Swatow, Fodchow and Tientsin...... Yochow... for the purchase price could not be Here the failure to claim in the Swatow and "Shanghai.........

*** Txinan taken to mean they had abandoned first action for storage and In-Air Mail for Slan, Lanchow,Chang- all other claims arising out of the surance charges was admitted by contract. The only question then counsel for the plaintiffs before the Court was, "were defen partly due to an oversight. dants able to pay the purchase Such failure will most probably price?" and the relief there claim-cause me to penalise plaintiffs by

to be:

sha and Chengtu, etc. (vla Han- kow) by the “Eurasia Airways Service" (To further points by surface transpart as Services per- mit),"

ec differed substantially from that depriving them of their costs. My Manila now sought.

answer therefore to the first ques-

tion is that the judgment obtain-

INTEREST CHARGES

SATURDAY ed in the OJ. Action is no bar to Samahul and Wuchow... The cause of action in the first the present action. It follows then Shanghai case arose on the date payment that there being two separate should have been made. It was causes of action there is no split- only thereafter that the cause of ting of one single cause of action action for storage and Interest contrary to Sec. 10. of Ordinance charges arose. The contract gave No. 4 of 1873,

"

"

JURISDICTION OF COURT

Straits and Calcutta

Mail for "KL.M Airways Direct Service"-duo Amsterdam,] 25th August Straits, Ceylon, India, *Aden. *Egypt,

and *Europe via Marseilles-dus Marseilles, 17th Sept.

SUNDAY

Amoy and Formosa

Eurasia Plane Muncaster Castle

Tai Ming... Conte....

Biancamano...

Sirdhana.

4.30 PM

G.PO,&K.P.O.

Heg. Ord.

4.30 PM 6.00 m

PM

Saturday, 13th

8.15 AM

8.30 AM

Par. 12th 6.00 PM Ord. Jath 9 30 AM PKP.O.

Bow, 18th 5,03 MAL Ord. 13th 9,00 AM OP.O.

Reg. 18th 6.00pm Ord 13th 9.00 AM.'

10.00 AM 10. PM

Katori Maru....

3.30 PM

G.P.O. & K.P.O.

Bangalore..

Beg Ord.

-4.00

Bangalore..... Van Heuta..

Tyosa Maru Kalgan.

Airmail for Manila, Guam, Hono- rise to twb causes of action. The

lalu, and U.S.A. by the (* Pan-. evidence necessary to support the

American Airways Direct Service" Pan-American present claim differed from that On the question of the applic- -due San Francisco, 21st August | required in the first action and ability of the Fraudulent Trans-Kongmoon,

Airways Plane Fook On............. therefore the matter was 'not res fera of Businesses Ordinarice to Manila...... judicata.

.................. Chinese. Prince actions in the Summary Court the Shanghai, Japan and "Europe viä "After referring at some length to defence argued that because in the Siberia the arguments advanced by coun- interpretation section "Court" is

Air sel for both parties, his Lordship defined as "the Supreme Court" in

The Premier,

continued: I have.come to the its original jurisdiction the Sưm- Prince Konoye conclusion that the cause of action mary Court has no jurisdiction. desires a decision on the funda- in the OJ. "Action No. 159 of 1837

Nowhere in the operative part of desires a decision on the funda-is essentially distinct from the pre- the Ordinance does

the word mental policy for unifying every sent cause of action. The contract Court" occur but I am asked to Amoy thing relating to China. Once

remedy the omission that is settled, he would have the save rise to two causes of action.

on the Cabinet's Legislative Bureau work the purchase price and the preach tion that words are not used in a There was the promise to pay grounds that there is a presump- out the details of appropriate of that promise which constitutedStatute without a meaning" (Rail- Swatow and Bangkok.. machinery for administering it.

the tst action; there was the sham Laws of England Vol, 27 p.†Air Mail for Wuchow and Chung- The main difficulty, according to promise to pay storage and insur 149 para. 281) and to say that in king by the “C.N.A.C. Airways the report, is thought to be co-ance charges for the period during fact the legislature intended 'the Direct Service. ordination of the central ma- which the purchase price remained ordinance to apply only to actions chinery here, and the various unpaid and

the breach of that in Original Jurisdiction. In my offices in China that are in charge promise which constituted the pre-opinion there is no merit in the Longmoon of Japanese operations.

sent action. This, action has not point raised by the defence. The 8watow and Shanghai. After the last Diet session, the been litigated and considere in Ordinance is either badly drafted Cabinet discussed the problem the former one..

or at some stage in its progress frequently, and for a time it

through the legislature must haveAir Mail for "Imperial AirwaTS seemed likely that the outcome BREACH OF CONDITION...

received drastic pruning.

Direct would be an office to be called the

Service"-due If the purchase price had been It would appear that it was at China Economic Affairs Bureau.

22nd August, paid by defendants one month one time intended the Ordinance Nothing was done, however, be-after the date for payment had should only apply to cases in Ort fore the Cabinet reconstruction at Farrived undoubtedly plaintius ginal Jurisdiction but that has not the end of May. It was rumoured could have sued under condition & been clearly stated in the Or now that there might be no need for storage and insurance charges, dimmance. I therefore find. It ap- for: special 'machinery to handle The fact that they had in addition piles to actions in the Summary China affairs.(International), to sue for the purchase price can-Court."

MONDAY

C.N.A.C. Plane

Tai Les!. Leesang

4.50 FN

GBO. & KP.O.,

Bag. Ond.

*4.15 PM

5.00 2.

·* 4:80*2*·

· Sunday, 14th - 9.00 AM 9,00

G.P.O.&E.PO, Reg. 13th 5:00 PM On 14th Noon

Monday, 15th

11.00 AM

19.20

KP.Q

Beg

5.00 M

6.30 PM

G.P.O.

London, Imperial

Airways Plane

"Superscribed Correspondence. Only.

Ord

6.01FK 7.012

Printed and Published by Henry Lloyd Murrow, for the Hong Kong Daily Press, Ltd., at Marina House, third floor, 15-18, Queen's Road Central, Hong Kong, London Office: 53, Fleet Street, E.CA