1939-11-15 — Page 8

PAGE 8-HONGKONG DAILY PRESS

GENERAL

LAMMERTS' AUCTIONS LAMMERTS' AUCTIONS Plights Of Poland, Spain And Abyssinia Cited By

PUBLIC AUCTION. PUBLIC AUCTION. K.C. In Appeal Hearing

Undersigned have received instructions

instructions

to sell by

PUBLIC AUCTION

on

¡HE Undersigned have received

to sell by

PUBLIC AUCTION

on

Thursday, the 16th November, 1939 | Thursday, the 16th November, 1939

commencing at 11.30 am.

at their Sales Room, No. 2. Con- naught Road, Central. (Room No. 205, 2nd Floor).

A QUANTITY OF

MISCELLANEOUS GOODS AND PERSONAL EFFECTS

2

Shirts

24

also

45° Dor, Typewriter Ribbons

7 Pieces of Piece Goods

6 Figure Heads

1 Dental Chair and Accessories

2 Üzbin Trunks

2 Wooden Trunks

1 Wardrobe Trunk

and

A Quantity of Books.

Terms: Cash on Delivery.

at 11.00 am,

at Godown No. 51 Upper of The Hongtong & Kowloon Wharf & Godown Co., Ltd:, Kowloon,

JUAL

1000 Sacks of Flour

1

Terms: Cash on Delivery.

AUCTIONEERS

יו

The plights of Poland, Abyssinia and Spain were cited in legal authority quoted by Mr. Eldon Potter, K.C., in his submissions that the laws of a State which created a company could also terminate the company, even though the headquarters of the company concerned were situated in territory now occupied by an enemy,

11

This submission was made before the Full Court of Appeal yesterday when hearing of the appeal brought by some, of the shareholders of the Ching Kee Steam. Navi- gation Co., Ltd, was continued before Mr. Justice R., E. Lindsell and Mr. Justice J. A. Fraser against a decision of the Chief Justice, Sir Atholl MacGregor, ordering the Hongkong branch of the company to be wound up.

Judgment was reserved.'

"

The petition for dissolution Foreign Affairs, through the Colo- of the Hongkong branch was nial Office in London to ascertain made after g Chungking the answer. court had ordered the wind-!

If the Foreign Secretary says

ing-up of the parent com- that the British Government re- cognises the Chinese Government, pany at Chefoo.

the position is clear as far as this Court is concerned

Appellants are shareholders in Dairen, including the Dairen LAMMERT BROS. Kishen Kaisha, who are creditors to the amount of $47.167.32. They are represented by Mr. H. G. Shel- don. K.C. and the Hon. Mr. Lea D'Almada e Castro, Jar. Instructed by Mr. H. J. Armstrong, of Messrs. Deacons.

B.F.R.D.C. GRANTS

Shiang Kee and the Ching Kee Steam Navigation Co., Ltd., the respondents, are represented by The Board of Administrators of Mr. Eldon Potter, K.C. and Mr. H. the British Fund for the Relief of C. Macnamara, instructed by Mr Distress in. China has granted the D. L. Strellett, of Messrs. G. K Bum of CN$12,000 to the Foreign Hall Brutton & Co. Auxiliary to the National · Red Cross Society of China, for pay- ment to the Kwangtung and Hong- kong Christian Relief Committee Yan Ping. at the rate of CN$2,000.00 * months.

LAMMERT BROS., at

AUCTIONEÈÈS.

month for

Maintaining that the only laws applicable to this case were those of China, Mr. Potter quoted at length from numerous authorities referring to cases from 'Abyssinia, and Spain in support of his argu-

ments.

POLISH GOVERNMENT. Referring to a suggestion made by Mr. Sheldon that the German Government of Poland had been refused, recognition, Mr. Potter said that the Polish Government is still recognised although the whole of that country is occupied by Germany and Russia.

ARGUMENT CHALLENGED "Another argument ›put" forward by the other side," said. Mr. Potter, "No doubt the power of the continuing his arguments from sovereignty of Poland is suspend- the previous hearing. is that the ed because it is not in a position sovereignty of China, so far as the to effectively enforce its lawa" he Shantung Province is concerned, said. "But that is totally dif- The Board has also granted the is gone, That I challenge abso-ferent in China, as she is still in sum of $16,200.00 to the Foreign lutely. I submit that the true a position to do so, unless your Auxiliary for the purchase of position with regard to the com- Lordships come to the conclusion quinine tablets for use in Kwang-pany is as follows:-This is a com-that there is another effective pany incorporated by the laws of government in Shantung Pro- China and not incorporated in vince." Chefoo, and, that being so. the Republic of China could also annul its creation.

PUBLIC AUCTION. tung and Kwangst areas.

THE

AIRPORT NEWS

THE Undersigned have received

instructions from Liquidators | Imperial Airways:

and others

to sell by

PUBLIC AUCTION

001

Friday, the 17th November, 1939

commencing at 2.30 p.m.

at their Bales Room, No. 35, Han-

kow Road, Kowloon.

A QUANTITY OF VALUABLE HOUSEHOLD FURNITURE

comprising:-

Divans, Teak and Iron Bedsteads, Wardrobes, Chests of Drawers. Dressing Tables, Washstands, Ches- terfield Suites, Bideboards, Dining Tables, Dinner Waggons, Chairs, Cabinets, Desks, Bookcases, Tables, Carpets, Rugs, Wardrobe Trunks, Ice Chests, Pictures, Clocks, Or- Raments, Cutlery, Tea and Coffee

NORTHBOUND Thursday: Bangkok, Hanoi,

kong.

Delphinus p..

SOUTHBOUND Sunday: Hanoi, Bangkok. Denebola-7 p.m.

Air France.

NORTHBOUND

France.

Wednesday:

Hongkong. Service-4 p.m.

SOUTHBOUND Thursday: Hanoi, France Service-6 am.

Pan American Airways:

EASTBOUND

"I do not care where its head. quarters are, and nothing can de- Hong-prive that right of China except the creation of a new State (either by insurrection of the inhabitants, or conquest by an invader) which is recognised by His Majesty' Government."

Hanoi,

Tuesday: U.S.A., Manila, Hong-

kong.

Philippine Cupper-2 p.m..

WESTBOUND

Wednesday: Manila, USA. Philippine Clipper-8.30 am.

Atta; E. P., Brass, Glass and Force- FIRING PRACTICE

lain Ware, Electric Heaters and Lamps, Curios, Gramophones and Records, Blackwood Furniture. Cooking Utensils, etc., etc.

Two Radio Sets

also

• One Electric Refrigerator

One Camera & Tripod "Zeiss Ikon"

and..

A Quantity of New Linen including Bed Bheets and Covers, Napkins, ⚫ and Embroidered Table Covers.

On View from Thursday, the 16th November, 1939,

Terms: Cash on Delivery.

Mr. Potter had previously sub mitted that according to intema tional law, it was clear that mill- tary occupation could not imperil the sovereignty of a State which was invaded, though redress might be temporarily postponed.

WHAT OTHER LAW?

Mr. Justice Fraser. You have no objections if we make inquiries as to that?

MILITARY OCCUPATION

military occupation and no more, Mr. Potter: Certainly not. It is

and I will welcome any applica tion your Lordships may choose to make to the Colonial Secretary and the question will be this- What Government is recognised by His Majesty the King as the sovereign power in China,'

T have not the slightest objec- tion to the inquiry being made," he said.

"The only Government recognised is the Republic of China,"

Mr. Justice Lindsell; I think

I ara

sorry, my

He argued that although they you took my brother too serious- had already been told that they

Mr. Potter: laws of China no longer governed this company, they had not been Lord. I do not wish to take it too told what other law covered it be- seriously, but it is a serious mat- yond the statement of the law of ter. I think it is a vital matter the conqueror. One of the dim- not only to this company, but also culties which the Court will have on the position of international to face is that there is no scintilla law. of evidence of another competent court of law.

THREE GROUNDS

He pointed out that there were After quoting several legal au- three grounds on which he relied thorities. Mr. Potter went on to when he made the original order show that the sovereign authority for the winding up order. (1) That in all matters, as far as this coma winding up order had been made be carried out between the hours pany is concerned, is that recog- a court of competent jurisdic-

Anti-Aircraft fring practice will

of 9 a.m. and 4. p... today and nised by His Majesty's Govern- tion in China, and as the power of

between the hours of 8 p.m. and ment. If that position was chal- 12 midnight on the same date. lenged it would be necessary to Firing Area "E will be effected. I refer to the Secretary of State for

NEWSETTES

Quarantine restrictions have been!

!

this company had ceased as a matter of course the branch office in Hongkong must be wound

up. (2) The company had already ceased to carry, on business in the Colony, and (3) for the reasons given in (1) and (2) it is equitable to say that it cannot carry on business because the sub-stratum of the company had gone.

He added that the staff of the company had left and there was nobody in the company's office. Chinese guerillas in north Hunan Mr. Sheldon eepiled to the au- Imposed against arrivals from succeeded in "destroying highways thorities quoted by Mr. Potter. In Tientsin on account of cholera. and all means of communications the case of the Russian 'Bank, he north of Toyang as far as Yang said that the Soviet decrees in The Lord Mayor's Red Cross loussu, thereby interrupting Jap- that case were absolutely effec- Fund reached £652,000 on Mon- anese troop movements and trans tive in Russia. day night.

portations.-(International),

*

~

*

Madame Tuati Chi-jui, wife of the one-time Chief Executive of

passed away in Shanghai, accord- ing to a Shanghai message,

*

The King and Queen, who were accompanied by the Duchess of

LAMMERT BROS., the defunct Peking Government, Kent, visited a West End cinema

AUCTIONEERS.

T

What do

you want?

If there is anything you want to buy or well; try abmall Classified advertise- ment in the "Hong- kong Dally Press,

25 words $1.00 prepaid

for 3 insertions..

on Monday afternoon and saw the film "Lich Has Wings," depicting

He maintained that there is a 'defacto Government in Shantung Province. He said they did not know what the law was in Shantung, but they did not know that there was a military government in o0- cupation and that he conclud- Air Marshal Sir Robert Brooke- the exploits of the Royal Air

ed was a de facto Government, Popham, former Governor of Kenya visit to a cinema since their cpro you are not suggesting that this Force. It was Their Majcstles first

Mr. Potter: Surely Mr. Sheldon, Colony, has arrived in Montreal to nation and His Majesty's first visit Court can recognise a de facto take up important duties in con- nection with the Empire Air Train to a place of entertainment since Government This is altogether a

the outbreak of war. ing Scheme-(Reuter).

+

new point.

Mr. Sheldon: If this is a new

If this

The entire Moslem community Miss Ruth Litvin, who is giving point, you have a right of reply. in Lanchow turned out on Mon- a pianoforte recital over ZBW Mr. Sheldon, proceeding, asked day to pray for China's final tomorrow evening. has just re-what the position would have been victory. Congratulatory messages turned from Shanghai where she if the Emperor of Ethopia, from were sent by the Kanan Moham-has been pursuing a course of his retreat In Bath, lasued de- medan Association for the Pro-study under Maestro Mario Paci, créés. Would the British Govern- motion of Education and the conductor of the famed Shanghai ment have made winding-up OT- islam Society to the Sixth Plenary Municipal Orchestra. Miss Ikvinders in such decrees, Besalon of the Kuomintang Cen-is no stranger to Hongkong music® After Mr. Sheldon had address- tral Executive Committee now circles, and her reappearence here ed the Court, Their Lordships. being held in Chungking,:"*? is welcomed:

· réservéd· judgment.

· WEDNESDAY, NOVEMBER 15, 1939.

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