1929-04-03 — Page 14

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14

THE

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THE HONGKONG TELEGRAPH,

WEDNESDAY, APRIL

SHANGHAI COURT THE AFGHANISTAN HONGKONG BANK

DISPUTE.

SERIOUS MATTER FOR

· COMMUNITY.

MAY AFFECT PEACE & ORDER: OF SETTLEMENT.

JUDGES CRITICISED.

* }| '

TURMOIL.

PEACE EFFORTS BY EX-WAR MINISTER.

KING TO BE ELECTED?

New Dolbl, Apr. 2. Strenuous efforts are being made in Afghanistan to avert a civil war, according to messages from Charan, which suggest the likeli-

CLAIM.

IMPORTANT DECISION IN LONDON.

ARBITRATION BEFORE ANGLO- GERMAN TRIBUNAL.

hood that these efforts will meet SHANGHAI GUARANTEE with success.

It is also pointed out that the ex- An important decision was given Shanghai, Mar. 28. ́ ́,

King Amanullah's forces do not in London on March 12th by the In an interview with a represen-excred 10,000 men, and their value | Anglo-German Mixed Arbitral Tri- tative of the Shanghai Times yes terday, M, Stirling Fessendon, speaking unofficially, declared that the Provisional Court dispute is bocoming a serious matter for the entire Community.

The Council, he stated, would naturally view the altuation with a great deal of concern as the Provisional Court is an institution of great importance in Shanghai.

The judicial body of the court, Mr. Fessenden stated, should try to settle the matter in a diplomatic way Instead of "Indulging in any thing so unbecoming and contrary to all recognized idea of judicial administration auch sa striking like ordinary labourers,"

Chinese Protests.

I

is of a most. uncertain quality, bunal (Division A) on a clafen The same might be said with equal brought by the Hongkong and truth of the followers of the Shanghat Banking Corporation in usurper Habibullah, or Bacha connexion with the guaranteeing of Sakao.

a Shanghai German firza's liabil Actual fighting says the Cha-itics the year before the Great War man message, may be, averted if broke out, success crowns the efforts of Nadir Khan and his brother to affect a pacific settlement. These two. with a force of tribal Lashkars, are endeavouring to reach Kabul in good time.

The Tribunal consisted of Dr. Helga Klaestad (President), Mr. Heber Hart, K.C. (British mem ber), and Dr A. N. Zacharias (Ger- man member), and it delivered an interim decision on the claim Nadir Khan has convened a brought by the Hongkong and "constituent Assembly" to decido Shanghai Banking Corporation which candidate to the Throne is against H. Vogelsang and Co., for most deserving of election and Hongkong $10,784.85, under must generally acceptable to the

country.

It will be recalled that Nadir Khan in a recent message to Habi. In connexion with the affair, it bullah invited the latter to sub- was learned yesterday that the mit himself to the country's choice, Chinese Chamber of Commerce adding that he did not consider and representatives of the Chinesa Bacha Sako had the necessary Ratepayers on the Council are kingly qualifications.-Hetuer. preparing protests to be sent the Senior Consul. Mr. Daw. Son-

WITH MUSSOLINI.

guarantee dated October 3, 1913, whereby the German defendants guaranteed all liabilities of the firm of Otto Wiesinger, of Shang- hai, up to Mexican $20,000; and for Hongkong $12,085.61, plus interest,

respect of four hills of exchange drawn by the defendants on Wiesin- ger and discounted by the claimants before the War,'

Dissolved by Treaty.

The Tribunal, in their decision, said it was common ground that the contract of guarantee dissolved by Article 299 (a) of

Was

ching, the foreign secretary of SIR AUSTEN TALKS the Chamber, confirmed the, re- port, so far as the Chamber was concerned, when a representative of the Shanghai Times enlled on, him in the afternoon. Mr. Day was averse to giving any further information fo the Press, remark- ing that the letter had already been written but not yet dispatch- ed.

Another development in the CORDIAL RELATIONS, claimants to Wiesinger after that

BOON

affair took place yesterday after- in the Provisional Court when the President of the Court, Ir, Ho, in a pronouncement over Deputy F. Ramendino's protest, bitterly criticised the Deputy's views.

Sistement Of Mr. Fessenden.'.

The statement made by Mr. Fessenden yesterday reads as follows: "This affair is holding up a large part of the administra- tion of the trial of police casas of crimes and offences committed inside the Settlement. It means that a lot of persons are being continually remanded instead of being tried. If this sort of thing goes on here indefinitely, it will have a most unfortunate effect on the peace and good order of the Settlement.

"The Council is responsible for the peace and good order of the Settlement, especially in these times when there is much crime going on in Shanghai, and to close dawn a portion of the Provisional Court or slow up prosecutions would be very serious for the whole community, foreign and Chinese.

Great Concern In Felt.

"The Council naturally views a| situation like this with a great deal of concern and feel that

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THE HOTEL RIVIERA,

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Cable. Adress :–“RIVIERA, MACAU,”

GEN, GOURAUD BACK FROM INDIA.

GLOWING TRIBUTE PAID TO BRITISH WORK.

Paris, Mar. 8.

dams across rivers, notably the Indus, which will make possible the |frrigation of hitherto uncultivated

land,

August 4, 1914. In accordance BOTH SPENDING HOLIDAY IN the Treaty of Versailles as from with their decision in Dresdner Bank v. August Ries (Recueil VL, the p. 621), suma advanced by

NORTH OF ITALY.

Florence, Apr. 2.

date could not be regarded as "pecuniary obligatione" arising out of the dissolved guarantee.

From

Sir Austen Chamberlain, who is

The only "pecuniary obligation" spending the Easter vention in Italy, to-day met Signor Mussolini, excapted from the dissolution of the contract of guarantee was the the Italian Dictator, who called at the villa on the outskirts of Flor-amount owing by Wiesinger to the

claimants on the date of the dis ence, where the British Foreign solution, and the defendants were Secretary is now realding,

under the guarantee Hable to pay Afterwards a semi-official com- this amount except to the extent, munique was issued regarding the if any, to which it had not inter purpose of the meeting.

been paid off. by Wiosinger, or It says that in the course of a otherwise extinguished. long discussion, which was charOtto Wiesinger's account with the acterised by the cordial personal claimants, It appeared that the friendship uniting the two states-amount outstanding on August 4, men, Sir Austen. Chamberlain and 1914, was Hongkong $19,373.88. Signor Mussolini re-affirmed the It further appeared that from warmth of Anglo-Italian friend- that date up to December 31, 1918, ship and placed on record the harmony of the views of both Gov-when the account was closed, the claimants.credited Wiesinger with ernments in relation to important sums ampunting in all to Hong- political questions, which have in-

kong $10,808.26. terest to both countries.

Sir Austen and Lady Chamber- Defendants' Liability. lain were afterwards Signor Mus-

aolini's. guests at a private Notwithstanding the fact tha luncheon at the Castle of Montal-other sums were withdrawn by

ano.

Wiesinger during this period, the The British Foreign Secretary Tribunal was of opinion that it has been visiting his daughter who was only the difference between is at School in Florence, while this amount of $19,378.88 and the Signor Mussolini has also been sum of the payments in-namély, spending his Easter holiday in $2,565.62-which constituted the the north of Italy-Reuter and pecuniary obligation" outstand British Wireless.

ing for which the defendants were now liable under the guarantee. It was contended on behalf of the defendants that the principal debt awing by Wiesinger to the claim- ants was barred by prescription, and that the claimants, therefore, were equally barred from recover- ing anything from the defendants, but this contention had not been substantiated.

NEW CAPITAL ISSUES.

RECORD IN THE UK. LAST YEAR.

disentangled and this dispute of The Provisional Court cleaned up. "It is unreasonable' for the Chin- judges to try to put the pate and arder, of the Settlement in jeopardy in this way just to straighten out a diplomatic dispute.

London, Apr. 2. They ought to do these things in a

In the twelve months ended diplomatie way instead of indulging March 31st, new

capital issues in anything so unbecoming and

nude in the United Kingdom con contrary to all recognized iden of stituted a record and exceeded judicial administration such as

£37,000,000. striking like ordinary labourers and holding up the administration of justice in a big city like Shanghai, It is ridiculous to try to settle it in this way instead of trying to find other methods of dealing with the

totalled Wireless.

Porilculars Required,

claim for the kum of Hongkong As to the second part of the

$12,065.61, together with 5. per In the previous twelve months cent. interest thereon from June the figures, according to statistics 16, 1913, in respect of four bilie compiled by the Midland Bank, of exchange drawn by the defon-

£335,000,000,---- British

dants on 'Wiesinger and discount- ed before the outbreak of war by the claimants, the Tribunal gave directions to the claimants to pro- duce particulars of (1) ships on which the goods in question ware carried; (2) what happened to the Observatory report goods; and (3) whether the claim- in is the maintenance of peace and states that the anticyclone is ants had asserted any claim aria- order in the Settlement and any central over N. Japan, the depresing out of the insurance policies. dispute like this is a serious matter sion near the Bonins yesterday is for the whole community,"

case,

"The Council feels that it must Insist that these enses be heard be fore Mr. Van den Berg alone if the Chinche judges carry on the boy- cott against him.

"What the Council is interested

Rendition Plans..

To-day's

EAST WINDS.

Judgment on the first part of not indicated this morning the claim was entered accordingly, Moderate monsoon will prevail for the claimants for Hongkong: along the S.E. coast of China and 82,505.02, togethed with interest over ho, N. China Sea. The at 5 per cent. from August 4, 1914, forecast till noon to-morrow fa-until crediting. E. winds, modernto; cloudy.

In accordance with Article 7 of the Tentative Regulations govern "There are schools everywhere. | ing, the rendition of the Shanghai Admirable work has been carried Mixed Court, Dr. Ho' Shih-tseng. out from the point of view of President of the Shanghal ProviInternational Settlement may be hygiene-dispensaries, hospitals, sional Conit,-ling appointed Mr. and travelling, medical service in Wu Shou-kung, former Judge of taken over by the Chinese Govern- case of plague."

"Their work will be to study and

the Provisional Court and Mr. Woo Ching-hsiung, prenent Judge of the

ment.

General Gouraud, who was glad to meet many British officers he had Provisional Court and Dean of the report on the past history of the known in Gallipoli, concluded with Law College of the Soochow Unt Court, facts and experiences with

М

QUEBEC GOVERNOR.

NOTED CANADIAN LAWYER APPOINTED.

A glowing tribute to the British administration in India was paid by General Gouraud. Military Governor of Parls, on his arrival at Marseilles yesterday evening after a prolonged tour of India,

Ottawa, Apr. 2. "The work of the British in a ward of thanks to his hosts. It versity in Shanghai, for the revi-Consular representativen at the

Mr. C. H. Carroll, the vice- India," he said, "s an admirable is impossible," he said, "to be better sion of the regulations governing Court and reason for the complete effort of continuity and method, received than I was by the civil and the rendition of the Shanghai Mix rendition of the Court by foreign chairman of the Quebec Liquor Gigantic undertakings are fa military authorities and by thead Court with a view to notifying era lo make it a purely Chinese Commission, and former Solicitor-

Court.

General in Canada, haa boon ap- process of construction, such as 'Indian Princes."

Lieutenant-General A telegram to hand 40-day pointed ahead of the date of the termina- Printed and Published for the Proprietors by FREDERICK PERCYtion of the Shanghai Provisional states that the Judges' strike has FRANKLIN, at 1 and 3. Wyndham Street, in the City of Victoria

Court when judicial rights of the now ended.-Ed. H.K.T.) Hongkong.

the Consular Body six months

of

Quebec to micceed Sir Lomer

Gouin,Reuter,

1929.

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