1941-01-15 — Page 5

Page

HONGKONG DAILY PRESS

EVACUATION TEST CASE BE DELIVERED BY THE ON TUESDAY, JAN. 21

Issues Involved:

By Counsel

Important Issues

Submissions

At the conclusion of submissions by counsel in the EVACUATION TEST CASE at the Supreme Court yesterday afternoon, the Chief Justice, Sir Athol MacGregor, announced that in view of the im- portance of the issues involved he would deliver a written judgment on Tuesday, Jan. 21, at 10 a.m.

The case was brought by MRS, MABEL EVELYN BLAIR, of No. 12. Broadwood Road, who was represented. by the Hon. Mr. Leo D'Almada, jun., instructed by Mr. Edgar Davidson, and ile HON. MR. C. G. PERDUE, Acting Commissioner of Police, and MR. E. C. LUSCOMBE, AS.P., were cited as the defendants for whom Mr. H. C. Macnamara, instructed by Mr. E. W. Davies, Crown Solicitor. appeared.

The hearing attracted much in- terest and among the spectators noticed in Court were the Very Rev. J. L. Wilson. Insp. W. Armitt, Mr. J. Galvin, Mr. J. Shepherd, Mr. C. Brainal Burgess. Clerk to the Evacuation Advisory Committee,

and others.

The purpose of the action was to test the legality of the regula tion made on Nov. 19, 1940, pro- hibiting women and children, un der the age of 18 years, to return to the Colony except with the written permission of a competent authority.

PLAINTIFF'S CASE

present in Hongkong 500,000 wo- men and children of different na- lonalities, and the 3,480 evacuat-

d formed less than one per cent. of that number. That figure could be checked by the last census but, as was well-known, the population since then had increased so con- siderably that it would be nearer the mark to say that the number remaining here was 750,000.

NOTE OF INTEREST

GENERAL

"

ΤΟ JUDGMENT TO CHIEF JUSTICE

THE WRIT OF

SUMMONS

The writ of aummons stated the panti's claims to be-

(3) for a declaration that, Regulation No. 3 of Defence (Entry Restri.tions) Regula- tions, so lar as it applies to British subjects res.dent in the Colony, is ultra v.res, void and of no effecti..

(b) alternatively, a declara – tion that the defendants have no power under Regulation No. 6 (b) of the said Regula- tions to compel the plaintiff to leave the Colony against her will;

(c) an injunction to res- train the defendants or ..., any police officer authorised by the first defendant from taking action against the plaintiff under the said Regula- tlons:

(d) such further or other relief as shall be just; and

(e) costs.

1:

Legislative Council Tomorrow

At the Legislative Council meet- Ing to be hed tomorrow at 230 p.m. the Colonial Secretary will move that the Report of the Finance Committee (No.. 10), dated Dec. 19, 1940, be adopted,

The Attorney General will move the First reading of:

"A Bill to amend the Places of Public Entertalament Regulation Ordinance, 1919"; “A BI to amend the Entertainments Tax Ordin- ance, 1930."

The Attorney General will also move the Second and Third read- ing, of:--

"A Bill to amend the Holidays Ordinance, 1912."

The Financial Secretary' will move the following resolution:-

That the draft estimates of ex- penditure for 1941-42 be approved.

URBAN COUNCİL

MEETING

FOOD PRESERVING LICENCE REFUSED ·

Application for a food presery-

Mr. D'Almada reminded his Lordship that they were only con-mental rights which the Gover- cerned with the Regulations pub-nor-in-Council wanted, by a stroke lished on Nov. 19 which prohibited of the pen, to deprive plaintiff of. the landing of British women and No attempts were made in Eng-

except In his opening. Mr. D'Almada children

with the per- land, or here, to enforce evacua- sald, that in her affidavit Mrs. mission of the Commissioner of tion and yet, under the Order, an Blair stated that she was a British Police. It was interesting to note, attempt was made to keep a per- subject, had lived in Hongkong 20 went on counsel, that sections 4a son out of the Colony. years, and considered this Colony und 4d of the Regulations were as her domtelle. She left Hong-not made under the Defence Re-objects set out in the Defence of ng licence for No. 2, New Kak Hang Village, ground floor, was the Realm Act, Mr. D'Almada sub-refused by a meeting of the Urban kong on July 2 for reasons of gulations.

mitted that the only reasonable council. yesterday on the ground health and not in connexion with the evacuation.

application of

act is the limitation to the return of immi-that the premises were, not suit- grants-that is, not residents.

that

It was also of interest to note although the Regulations As her health had not improved were enforced, compulsory evacua- after four months stay in Manilation was abandoned by Govern- she, decided to return to Hong-ment on Nov. 8, and while Govern- kong, although her husband had ment, was still fully aware of the made three unsuccessful applica- fact that a large number of wo- tions to the Evacuation Advisory men and children who had not Committee for permission for her obtained exemption were still in to return.

the Colony.

returned to

After dealing with the various

the

those who were

able.

It was decided the next meeting of the Council would be held on Wednesday, Jan. 29.

1

NOT REASONABLE Summarising his submissions, Present at the meeting were the counsel stated that the Regulation Hon. Mr. W. J. Carrie (Chairman), Was not а reasonable one and, Dr. N. C. McLeod. Hon. Mr. A. B. therefore, traversed the regula-Purves. Hon. Mr. R. A. C. North, tions as laid down by law, and Mr. F. C. Hall, Mr. L. C. F. Bellamy. was, therefore, ultra vires. There M. C.. Dr. S. N. Chau, Mr. B. Wong was no Act of Parliament which Tape, Mr. Tang Shiu-kin, M. B. E., excludes persons domiciled in Dr. A. M. Rodrigues, Mr. Li Tse-

She left Manila on Nov. 19-the Furthermore, went on counsel, day on which the regulation pro-it was also clear from a paragraph hibiting British women and chil-in Mr. Smith's affidavit that from dren of European descent from re-July to Nov. 19 a certain number turning was published in Hong-of women, who have been eva-England. There could therefore, fong and Mr. C. J. Roe (Secre-- kong with her passport endorsed cuated, have

the be no conclusion that a person tary). for Amoy as the British Consul at Colony without first having ob- domiciled in Hongkong could be Licences granted by the Council Manila had instructions not to visa tained the necessary permission regulated out of Hongkong by an during the past fortnight were:-- any passports for Hongkong? from the Commissioner of Police.

Order. He was, concluded coun-Food Factories 1. Food Preserving Although compulsory evacuation sei, entitled to the declarations Establishments 1, food shops 1, On arrival here, went on coun-was abandoned a fortnight before and injunctions prayed for in the offensive trades 1 and eating sel, she was refused permission to Mrs. Blair's return she was, never-writ.

houses 1. land. When she was ultimately theless, prohibited from landing. Mr. Macnamara submitted that allowed to land she was taken to in spite of the fact that there were the Passport Office and told that she must be out of the Colony by Nov. 24. Her husband had the

BOND SIGNED

then many women in Hongkong who were not compelled to leave INJUNCTION SOUGHT

women

1

because Government had suspend- ed the evacuation it did not mean that those in Australia were en- itled to return. The question of

time extended after he had sign- The purpose of the Regulations,the desirability, or otherwise, of ed, under protest, a bond for $300 stated Mr. Smith in his affidavit, excluding women and children, Mrs. Blair did not leave on Nov was to prohibit the return of Bri- from Hongkong rested with the 30 and, on Dec. 30, received a com-tish

and children and Government. munication from the Hon. Mr. N. their landing here except with the As to those remaining, counsel L. Smith stating that she had con-permission of the Commissioner stated that the vast proportion travened the Regulations by being of Police. These Regulations, said were Chinese who could, if neces- "still in the Colony. The letter counsel, were ultra vires and they sary. be evacuated to China.

went on to say that Inquiries were were seeking, as stated in their being made as to ship accommo- dation and date of departure, and that the Police had Instructions, under the Regulations, to take her into custody shortly before the ship sailed and to see her on board. The communication con- cluded by asking Mrs: Blair to give it her serious attention and not to regard it as a threat.

Messrs. Hastings were instructed

to reply to that letter. In their letter, 'Messrs. Hastings stated that

writ, the necessary declaration and an injunction.

There was no question whatever at Mrs. Blair could be excluded from the Colony by the Defence Entry Restrictions) Regulations.

So drastic an act as to exclude persons from entering the Realm can only be done by Legislation or

Under the Defence of the Realm Act. contended counsel, the rights of subjects could be limited by detention, confining their move- ments, or in any other way. In Hongkong, it was by prohibiting! their return.

BEEN CONSIDERED

Memorial Service For Late Chief" Scout

A Scout and Gu.de Memorial Service for the late Chiet Scout, the Right Honourable Lord Baden-Powell will be held in St John's Cathedral on Sunday next, Jan. 19, at 3.30 p.m.

DE GAULLE'S REPLY TO FRENCHMEN IN COLONY

In reply to a cable sent by the Mr. Blair had made three separ- Committee of "France Libre" of ate applications to the Evacua-

Hongkong on the Eve of the New which Year. General de Gaulle cabled as

Act of Parliament. It cannot be tion Advisory Committee. done alone by an Order," said Mr.went to show that Mrs. Blair's case follows

'Almada.

Counsel then quoted authorities

had been considered.

Blau, Committee France Libre, Hongkong. I Thank all Free Frenchmen for their good wishes and formulate hope that 1941 will be the Year of Victory and deliverance of France.

DE GAULLE.

The question of what was or was; the Police had no power to take in support of his contention that not necessary for the defence of Mrs. Blair into custody and that, such wide. powers were not even the Colony was in the hands of unless a guarantee was given that conferred on the authorities in a competent authority, namely they would not do so, their in-England, neither by the Act of the Commissioner of Poliee. structions were to apply for an in- 1914 nor the present one.

His Lordship here interposed junction or a writ of habeas Referring to the Act of 1914, Mr. with the remark that the difficulty D'Almada stated that early in 1914 he encountered. before the hearing

The above cable is translated that Act had been successfully of the case in Court, was there was from the original in French. Counsel went on to emphasise challenged. The only important no indication from the Commis- that the most interesting and im-section of that Act was, said counzioner of Police as to on what Counsel submitted that there portant facts in the affidavit were sei, Section 1 (s.s.1) wherein was lines he was exercising his discre- was clear power under the Order- firstly, that Mrs. Blair was a Bri-given the character, scope, and tton.

in Council to make the regulations

сотрия.

IMPORTANT FACTS

NO SINGLE CASE.

tish subject; secondly, that she limitations allowed under the Act. After the tiffin adjournment, for removing from this Colony was a resident of Hongkong for In "all cases up for decision under Mr. Macnamara continued his people whom the Government 20 years; and thirdly, that she that Act the most careful scrutiny submission and asked if it was too judged to be an mcumbrance to was domiciled here. These facts was given to the limitation of much for the Government here the defence of the Colony. He were not traversed by the defen-common law rights.

to make regulations saying that did not think there was anything .dants.

certain persons should not reside unreasonable if it was decided On the day the Regulations were "It is of extreme" interest and

in the Colony? promulgated in Hongkong, said significance that in no single case

that the people sent to Australia IN GIBRALTAR

should for the time being not be Counsel, Mrs. Blatr left Manila under the 1914 Act was there any-

Referring to a submission made allowed to return, ignorant of the Regulations. thing so'radical, so gross, and so

EXAMINE FACTS Referring to the evacuation, wholesale, as the taking away the by Mr. D'Almada, counsel said that Hon. Mr. D'Almada said that, ac- fundamental rights of the people. he did not know whether there Replying. Mr. D'Almada con

was compulsory evacuation intended that the regulations' could cording to the reply filed by Mr. There was nothing approaching Smith, the scheme for the evacuat," said Mr. D'Almada, who went England or not but he saw from not reasonably be stated to be tion of white women and children, on to say that, in Blackstone (Vol, the newspapers that there had capable of assuring public safety mooted in 1938, was completed in it was emphasised that every been compulsory evacuation in and he still maintained that the 1939, and announced soon after British subject may be permitted Gibraltür, What was necessary only way in which one could come war broke.out.

to live in the country.

[here, said counsel, night possibly to any conclusion was to examine Another public announcement The Authorities have power to be undesirable in England. Also, the facts and the circumstances was made, 'over the radio, on June stop British subjects from going what may be quite right and at the time when the Order was 29, and published in the Press on to foreign countries but "no pow- proper in Hongkong... might be made. He submitted that beyond the two following days, requesting on earth can stop a British sub-considered the reverse in Eng all British women and children to Ject from entering his own coun-land.. I was entirely a prepare for evacuation.

try. Even a British criminal, sald for the Government

The Chier Justice: In view of Counsel contended that the. Re-counsel, could not be sent out of Mr. Macnamara added that his the importance of the issues in- gulations, could not be said: to be the country nor stopped from instructións were that the comvolved in this case. I shall give reasonably capable of ensuring the returning.

pulsory evacuation scheme had my reason in writing. I shall de- safety of the Colony aa, at-a-con- The citation, submitted counsel; not been stopped but had been liver a written judgment on Tues- servative estimate, there were at showed the strength of the funda-suspended.

day text, at 10 a.m.

all doubt the regulations were matter ultra virés of the Act.

WEDNESDAY, JANUARY 15, 1941.-PAGE 5

52525252525025252525252525252525252525252525252525252525252524725

25252525252525252525257

SPECIAL REDUCTIONS

LMEN'

IN

MEN'S OVERCOATS.

A LARGE VARIETY COMPRISING !

"JAEGER"

AND

PURE CASHMERE, CASHMERE WOOL, PURE CAMEL-HAIR, CAMEL-HAIR AND WOOL, TWEEDS, also BLUE MELTON,

"RODEX"

LLAMÓVEL, LIGHT

WEIGHT

WEST

OF

ENGLAND COATING, and LIGHT WEIGHT PROOFED TWEED RAGLAN COATS.

ALL AT GREATLY REDUCED PRICES

LANE

CRAWFORD • LTD.

The House of Quality & Service

252525252525252

No matter where you buy Craven 'A' -you can always rely on getting the same cool smoking cigarette - the same luxurious smoothness to the throat. Craven 'A' are one quality the world over!

LONDON

MENS WEAR DEPARTMENT

Tel. 28151.

7525ASASAPSZ5252525252525252525251 125252525252525258

For greater smoking enjoyment —give me

Craven A

CRAVERY

VIRGI

they never vary!

'TRU-VAC” TINS OF 50 FLAT POCKET TINS OF 20 and 50 also PACKETS OF 10

MADE SPECIALLY TO PREVENT SORE THROATS

BY CARRERAS LTD.

MADE