1939-07-04 — Page 16

PAGE 16-HONGKONG DAILY PRESS

HONGKONG.CANTON & MACAO STEAMERS

JOINT SERVICE OF THE HÔNGKONG, CANTONE MACAO STEAMBOAT CO.LTD SINE

CHINA NAVIGATION COLLTO

TRAVEL

THE

SHORT

SAFE

SEA

WAY

by the

British Line

NDL

CANTON LINE

The next salling · of the `as.

"Fatshan" from Hongkong will be on the 4th July, 1939, at 8.x.m.

and return from Canton on the

7th July, 1939, at 9 a.m.

MACAO LINE

CURTAILED SERVICE

From Hong Kong: 5.30 P.M. only.

From Macao:

$,00 AM. only..."

Nate:-All vessels equipped with Wirolean.

QUEEN'S BUILDING, CONNAUGHT ROAD

*Telephons 20101

AFB

43

FAR EAST EXPRESS

PASSENGER & FREIGHT SERVICES.

S.S. GNEISENAU

will sail

WEDNESDAY, 12th July

4 P.M.

for

SHANGHAI, YOKOHAMA & KOBE

ROUND-THE-WORLD & THROUGH TICKETS

Issued in connection with: NDI. ATLANTIC EXPRESS SERVICE

S.S. "BREMEN,” “EUROFA,” “COLUMBUS," & CABIN LINERS NORDDEUTSCHER LLOYD BREMEN Queen'a Bldg. MELCHERS & 00, Agente

CANTON AGENTS: JEESEN & CO., SHAMEIN, B.G.

THE

Tel. 27771/4.

BLUE FUNNE

LINE

REGULAR

AND FAST

FREIGHT AND

PASSENGER SERVICES

LONDON SERVICE

"DEUCALION" Sails 12 JULY, for Mars., Cblanen.,

London, 'dam, K'burg, & Glasgow 'PATROPLUS“ Sails 26 JULY, for Mars., Londen,

Rotterdam & Glasgow

LIVERPOOL SERVICE "ANTILOCHUS" Baile 92 JULY, fne Havre, Liverpool,

NEW YORK. SERVICE

* DARDANUS”

Bromborough

Salle 1 AUG., for Halifax, Boston &

New York

PACIFIC SERVICE (cia BIIKKA, KOBE, NAGSTA & ERKONAWA)

"IXION Bails 12 JULY, for. Victoris, Vansonver

INWARD SERVICE

ASPHALION”.

"EUMAEUS IXION"

Dus

Beattle

JULY, From Continental Ports

via the Strait's 5 JULY, From UK. via the Straits JULY. From Seattle, Vancouver, Pada and Victoris via Japan & S'bai. "CYCLOPS "12 JULY, From UK via the Straity

Specially reduced fares are quoted for onego abeamers with

limited passenger szcommeintion

For freight, pamage ratre and inform vijon apply to

Butterfield & Swire,

· 20335.

Agents, 1 Cannaught Road, U.

SUCCESSFUL WINDING UP PETITION

ap

Continued from Page 7.

Regarding the decision of the Chungking Court, Mr. Potter sald there had been an appeal against that, but it had been heard and dismissed. As a result of the Chungking order, the activities of the Company would be Wegal. vold and criminal according to the laws of China.

by

יי

Referring to an affidavit made

Mr. Bunzaburo Matsumoto. counsel of the Marine Court of Dairen, in which it was stated. that the Dalren Eisen Kalsha had been appointed as agents of the Ching Kee by attorneys for Japanese and other shareholders, Mr. Potter said it was illegal for a Chinese company to appoint a Japanese company to be its agenta when a state of war existed be- tween the two countries.

APPOINTMENT DENIED"

the

Decrease In Colony's Revenue

CREDIT BALANCE DOWN IN MAY

With the expenditure for May showing 'an excess of $79,750 over

the revenue, credit balance of the Colony, after over one year, shows 1. Klight decline. The balanon at the end of May amounted to $16,178,561.25,' as 'against 16,- - 285,310.99 at the end of April,

During the month`of Mày - ex- penditure reached $3,889,540, com- pared with an expenditure of $2,809,790 at the end of April,

The decline was also noticed in the revenue for the month as compared with May last year. In May 1938 the revenue. totalled $3,164,367—at the end of May 1939

the revenue fell short by $354,579. Tear's Total Up

for the The total of revenue

end of May year up to the amounts to $17,459.408" and this

increase of $2,122,753 shows an over the same period of 1938 and Is Afty per cent of the estimated revenue for the year 1939...

The appointment however, was denied in Mr. Jun-ke Choy's afirm- ation. Mr. Rotter produced a document

purporting

have to been signed by

president of the Company at Dairen, which had just reached Hongkong, and said that no documents had been produced to show the appoint- ment of the D. K. K. before February 18. Neither was there any document to prove that the six ships were chartered to the D. K. K. before the commence- ment of the hostilities.

If any contracts or other com- mitments had ever been entered into, as Mr. Matsumoto, alleged, such engagements would now be illegal.

Mr. Potter cited many autho- rities in support of his arguments, and added that a shareholder had

Under the head of Dutles, re- venue showed an increase of over $200,000. Receipts from Past Office showed an increase of over $12,000 against May 1938, but, as was to be expected, the revenue from the Kowloon-Canton rallway showed a big drop of nearly $100,- 000 for the month of May, amounting to only $67.752 against $165,778 a year ago.

Land Sales Decline

Sales were also badly down, being' a mere $40,091 as with $143,306 during compared May last year,

Land every right to restrain a company from doing an ultra vires act though every shareholder but himself acquiesced in it. Where it was of fundamental importance, as It was in the present case, the shareholder was entitled to have the company | wound up. ".

21,200 HEROIN PILLS FOUND

IN CUBICLE

Appearing before Mr. R. Edwards at the Central Court yesterday charged with the possession of 21,200 heroin, pills and one OUNCE of heroin powder at No. 5. Yick

Kwal Avenue on June 21, Woog Sam, 28, unemployed, was com- mitted to the Criminal Sessions.

Mr. C. A. Sutherton Russ peared for the defence, while |·G.P.O. Grimmitt prosecuted.

יי

ap-

Revenue Officer Millington and. a party raided the premises; and in the rear cubicle found piil manufacturing gear. The defen- dant, who was one of the five men. on the premises, claimed clothing" from the rear cubicle.

TUESDAY, JULY 4, 1939

FOREIGN MAILS

HONGKONG, TUESDAY, 4th JULY, 1899, 9.30

Registered and Parcel Post Service to Swatow and Foochow is temporarily suspended,

Registered and Ordinary mail & Parcels (not Inspired) will be ac çepted for Canton and dispatched as circumstances permit.

· Letters and Postcards for Europe (except Great Britain and Eire) and South America are forwarded "ria Siberia" If so superscribed

INWARD MAILS

Saigon. Amoy

From

Shanghai Shanghal Formosa and Swatow. Canton.

Laos Van Heutes..

Kiangu....

Nagato Maru.......

TOWN PLANNING Shanghát, Amoy and Swatow Stechten.

BOARD

His Excellency the Governor has been pleased to appoint a Town Planning Board, whose functions will be:-

(a) To draw

up zone-schemes and other town plans as advised by the Housing Com-

Shanghai..

Ixion.... Nellore...

"Australia and Manila....... Air Mail by "Air France Direct

Service" Paris date, 28th June Plane Calcutta and Straits... Manila. Straits

5th

Per

Due

4th July

4th July

4th July

4th July

Canton Maru......... Sirogane MarIL..

4th July

4th July

4th July

4th July

4th July

Air France

Eth July

Talma, ana.... Etrip, of Japan...

8th July

5th July

Buex and Europe via (Papers etc..)-London date, 8th June and London Parcela~~Lon- don date, 1st June

July

....Titjalengka...... Felix Roussel..... Asphallon..

6th July

5th July

5th July

Airways FlanG

6th July

Airways Flane 1plbo#、,、。,Îལ བཅུ་

6th July

6th July

Kaying.

6th July

4th July

(San Francisco, date. 18th June) Pres. Pierce...... Japan and Shanghai,

6th July

Yasukuni

Maru........

6th July

Burdwan............

6th July

7th July

Conte Rosso...

7th July

Atrica MarÙ.......

8th July

Kwelyang...

9th July

- Tibada.

Service"-London date, Imperial 2

mission, such schemes and |Java and Marila. plans to be published for | Balgon. criticism and thereafter sub- &traits. mitted to the Governor in | Air Mail by “Imperial Airways Council for approval..

Direct 1st July. All Mall by "Pan American" Air-

Ways Direct Bervice"-San Fran-Pan American cisco date, 28th June. Tientsin

(b) To carry out such schemes

as and when approved, (c) To undertake the census work advised by the Housing Commission.

The following, will constitute the Haiphong, Parhot, 'Hofhow and Board:

Fort Bayard.

U, 8. A., Honolulu and Japan--

(San Francisco date, 10th June), Pres. Garfield.......... U. B. A.. Honolulu and Japan-

The Chairman of the Urban Council (Chairman), the Hon, the Director of Public Works, a Senior Officer of the Corps of the Royal Engineers, the Labour Officer, the Land" Officer, Mr. Wilfred Herbert Owen (temporarily absent from Straita Robertson, the Colony), Mr. Colin Brown Japan and Shanghaf

the Hon. Mr. Leb Straits........... D'Almada e Castro (Jnr.). Mr. Japan Alexander Somerled Mäckichan. Bangkok

#

Air Mail by "Imperial Airways

5th July,

Rawalpindi

While expenditure for May ex- ceeded income, the total was also the Hon. Mr. William Ngartse Shanghai and Amoy. smaller than a year ago, being Thomas Tam, Mr. Joseph Mow- $2,889,540, compared with $3,554,-lam Wong. Mr. Richard John Direct Service”—London date. Imperial $77, and as a result expenditure Vernal (temporarily in place of for the year is only slightly more Mr. W. H. Owen). than for the corresponding period or 1938, being $14,843,082 compar- ed with $14.203.960.

The Secretary to the Board will be the secretary to the "Urban

Council.

#

TOURISTS

Continged from: Pare 2

Mr. Sheldon said the allegation that the company had ceased to carry on business was answered by the affidavit of Mr. Mat- sumoto where it said that the

Chief expenditure items during suspension of business in Hong-

May were $500,000 military con- WEST INDIES CRICKET kong was only temporary. He submitted that could not be sure-tribution, 1295,579 for the police force. $237,417 for pensions, $228,- clent ground for winding up.

537 for miscellaneous services, $177,787 for medical department,

J. E. D. SEALY.-Probably the $144,853 for the education depart prettiest batsman in the West ment, and $147.189 for public Indies when he gets going. Has works department. Charitable been having a run of rather bad services for the month cost $52.- luck but this should end soon. A 487, which was an increase över

useful medium-paced right-hand that for 1938. of nearly $20,000. bowler who can swing the new This item so far this year has cost ball. A brilliant Beld anywhere. $557,813 compared with $223,596 a | Age 28, year ago...

14 SHIPS TRADING On the point that the hostilities had prevented the Company from doing business as its ships were lable to seizure, Mr. Sheldon pointed out that 14 ships were trading just as before somewhere

in North China,

Counsel argued that the only assets of the Company over which the Chungking court had juris- diction were the 14 ships. out- side of Hongkong. But as they were still trading, the Chungking ed the Company to be wound up court's order was entirely effec- If the head office were wound up tive. To follow such an order of and the branch here were not, it a foreign court would be entirely would be like

a lifeless trunk. opposed to natural justice.

when the head had been knocked

Mr.

Further, there was no autho rity in Support of the contention that a state of war existed be- tween China and Japan. Sheldon cited BN arbitration case in England recently, where a Foreign Office letter was produced which said the Government were not prepared to

state of war existed between these two countries.

·Bay a

His Lordship: If I remember rightly, the Court in this case treated the Foreign Omce with the scantiest respect!

off, some Umb óf which was ex- pected to be imbued with some power of living.

COULD BE ENFORCED

As to the" argument that the court's order was Chungking nugatory, Mr. Potter said he was not asking the Court to enforce any order from Chungking, but to make one of its own. The order could be enforced here, and there were substantial assets within the jurisdiction.

Japan and Shanghai Manilation 44

Јарап .............. Straits

Straits and Manila

2. Airways Piane Chenonceaux............. Gertrude Maersk Anyo Maru................. ma į Cremeri

Gneisensu..

Canada. U.S.A, Japan and Shang- hal (Vancouver B.. C. date 24th June).

'Emp, of Ásta.............

OUTWARD MAILS

9th July

10th July 10th July 10th July

11th July

11th July:

19th July

13th July

REGISTERED AND PARCEL MAILS are closed 15 minutes earlier ban the time given below unless otherwise stated, and where mafia ire advertised to close at or before 9 a.z. registered and parcel malls-

re closed at 5.pm on the previous day.

Canton.

For

TUESDAY

C. B. CLARKE-A young spin bowler faster than the ordinary. Bowls leg breaks; googles and top-spinners and usually keeps a Manila, Makassar and Sourabaya... fine length. Has not met with

Shanghai.

the success he appears to deserve Fort Bayard and Haiphong in big cricket in the West Indies Japan. but should do well on English wickets. Is a good field and a moderate batsman, Age 20,

Canton

WEDNESDAY

Shanghai and Japan

HL F. BAYLEY-Holds the re- cord for the highest score" ever made in inter-Colonial cricket (288) and is a really fire batsman without having the brilliance pt. Gomes or Sealy. Should do well in England as he watches the ball carefully' and takes very few via Chuanchow) chances. Is not much of a field

Haiphong and does not bowl, He is in the Parcels only for Straits early twenties, 22 to be exact.

THURSDAY

all for Indo-China,

Air Mail

Hanoi 5th July Swatow Swatow." Chuanchow, Amoy and Food

L. HYLTON-In "The Cricketer Annual," 1938-39, the author of It was only then that the quer the article describing the tour of tion had to be considered as to the Combined Oxford and Cam- order should be bridge team in Jamaica wrote: whether the

"Hylton is by far their best bowler, He bowls fast-medium, but if necessary can bowl slow. leg- spinners. He is a good hard-hit- ting batsman and a very good field. In the recent trial matches he fared moderately, but his last- minute inclusion in the team has met with general approval, an

The Chief Justice referred to a local case where the Full Court of Appeal upheld the submission ancillary to the Chungking order of certain seamen who, holding in respect of the remittance of the that a state of war between China proceeds of the winding up.

Further, there had been an at- and Japan existed, refused to work on ordinary peace-time tempt by the other side to show that China and Japan were not at articles.

Supporting Mr. Sheldon, Mr. war. In Mr. Matsumoto's affids- D'Almada said the true object of vit, however, mention was made the petition was to stop the Ching of the "hostilities." Mr. Potter Kee from... chartering to the asked what could the word mean

ard me DEK. the six ships, otherwise but conditions of war.⠀ all the Company's assets in Hong kong...

ULTRA VIRES ACT The petitioners said that that would be an ultra vires act. He would assume that that was BO, but would be equitable that the company be wound up? The true remedy would be for the shareholders to apply for an infunction to restrain the company from handing over the ships.

The majority of the share holders, sald Mr. D'Almada were

His Lordship: An Incident" as I understand it

Allegance to the Government of China, continued Counsel, did not cease just because a piece of territory had been occupied It would be high treason not to obey. the Chungking law under normal circumstances.

As to the contention that an in- junction was the proper course to adopt so that when peace return- ed the Company could resume business, Mr. Potter pointed out that there would be no Company

in North China, and were as the Chungking court had order- against winding up. Moreover, ed it to be wound up. He submit the advertisement of the petition ted that there was no answer to was published only In Chungking the peti and Ronxkung.CK

In ad

Re-addressing the Court, Mr. Lordah Fotter said the proved position ofs

the Company must be considered-

It was proved that a court of

petition, that he would put his decision – in ional-liquida-

and costa

toveant

|

L N. Constantine, G. A. Headley,

Ì Barrow, the wicket-keeper in the, 1933 team, J. H. Cameron and

3.

Per.

Date and Time

Tro. 4th.

7.15 AM

Fatshan..

Tisadane....

Tai Seun Hong.. Jean Dupuis.. Yuenaang

8.30 AM 18.30 PM

9.00 PM

7.00 PM

Wed, 5th,

Sirogane Maru... Felix Roussel...

due Air FrÁNCS

8.15AM 10.30 AM G.P.O. & KP.O Reg. 11.30- A3 · Ord.

Noon

1.30 PM

3.00 PM

3.30 PM

4:00 PM

Plane Mingsang Haitan

Taiyuan.. Wing Bang. Van Hentar

Eupet

Haiphong. Shanghal, Japan and Europe_(ex- cept Great Britain and Eire); Halphong

Via Siberia.

Corfu Manila, Saigon, Bangkok, Mauri

minna Laos

tius Reunion and Madagascar Bolssevain Bandakan.

Woolgar.

- Airmail for "Imperial Airways:

Direct Bervice”-der- London. Imperial 13th July,

E. A Martindale are too well-Air Mail for Malaya, Java and Aus- known in England to need any introduction to readers.

SHIPPING

MOVEMENTS

The B&B steamer Asphalion is expected to arrive here from Singapore on July 4 at 6 am

The P&O steamer Corfu left Singapore on July 1 and is due. here on July 5 at 11 am

The P&A ateamer Nellore left Manila for this port on July pm, and is due here on July 4

The BL steamer Talma lett Singapore for this port on June 80, p.m. and is die here on July 5,

competent Jurisdiction had order; were awarded to petitioners only: ipm.

The 5th

5.00 PM

-10:00AM

10.80 AM 1:00 PM

3.30 PM

3.30

KPO

Reg

·5.00 PM Ord; 5.30.pw/

Bog

5.00

„Airways Plans Ord.

7,00 M

Ord.

6.20.2M

GRO

Blog

-5,00 WM.

7.00 PM

tralia by Imperial Airways Direct Imperial Service due Sydney 14th July, -- Airways Flans Onl. $2.000 Manila

Fres, Pierce..

FRIDAY

Airmail for Mantis, Guam, Hono- bolu, and U.S.A” by the “Fan- American Airways Direct Service” due San Francisco 18th July. Shanghai

thal, Japan, Honolulu, UAA tral and South America via

uver B C., & (Parcels & ers only for Canada)-due Vancouver B. C., 25th Julyara Fort Bayard, Hothow and Pakhod

FrE 7th

Reg 8th 6.00 PM Ord 8th 6.30 PM:

Fan" Alarican

Beg 6th Airways plane Ord 7th Conta Rosso..

Par 6th 5.00 PM

Reg Onl