1938-05-03 — Page 17

TELLS OF GALLANT CHINESE DEFENCE

13th Army, Terribly Battered, Held On To Lino 47 Days Correspondent Death

Near

(Special to "Tolegraph”)

Confident China Will Beat Japan

Review Of Shantung Situation By General Chen Chen

Honkow, May 3. Confidence in the ability of

the Chinese forces 10 repulse the Japanese drive in south Shantung is expressed by. General Chan

partment ot the

rixon

Chen,

THE HONGKONG · TELEGRAPH, TUESDAY,

PEACE OR WAR MAY HANG ON MEETING

France Alert To Possibilities Of Rome Parley

Paris, May 2.

the decisions

Partnership Declaration Sought From Son-in-Law

Expert Evidence In Supreme Court

MAY 3,

1938.

FASTER

Japan Wants

WARSHIPS To Get Hands

FOR ITALY,

GERMANY

United States Now Concerned Over Her Programme

Washington, May 2, It is learned that Germany battleships in their

history.

On Fisheries

Move To Exploit China Coast Grounds

Shanghal, May 3, Formation of a $10,000,000 Sino- Japanese fisherles company to operate- along the coast of Central China wes advocated in local Japanese businers circles here to-day.

The Japanese semi-offcial Central china Development Company, Affiliate of the North China Develop- ment Company, would be asked to invest $3,000,000, while Japanese sery intercuts would subscribe be furnished by the Reformed Gov- ernment in Nanking and by Chinese similar amount. The balores the

Expert evidence on the mean- ing of Chineac terms in an Herr Adolf Hitler's visit to agreement drawn up between Minister of the Political Affaira De-Rome is being watched with two parties, was given before and Italy will soon have the

Generalissimo's intense interest here, where it is the Chief Justice, Sir Atholl fastest headquarters, and concurrently Gar- believed that peace or ultimate MacGregor, at the Supreme

Icon Commander in the Wuhu arca,

The Navy Department has He said that even if the Japanese war in Europe must largely Court this morning, when Mrs. Fong Shuk-king "brought an succeeded in occupying the entire depend upon Tientsin-Pukow railway, the Chinese reached in his conversations with action against her son-in-law, reported that Italy and Germany would continue to put up effective

struction with speeds which are resistance, while Japanese difficus Signor Benito Mussolini, and Leung Nai-yuen, of Messrs, Gil- have two battleships under con-

Her claim was for a declaration officially stated to be at least 30 fishery interests.-Domet would increase with further penetra- upon the tone adopted. tion Intu Chinese territory.

It is realised that Herr Hitler is that, under a partnership agreement knots, compared with the United

1837, between The Japanese forces in Shansi had This place is east of Hsuchow. been forced to abandon their line of a much more powerful Sgure to-day made in February, I am resting with the Thirteenth

plaintiff was States fastest vessel of 29 knots.

Army, which has been fighting for 47 days and has lost over 10,000 men. Yet, for the last

that terrible: cight days of period, with their backs to the Grand Canal, this Army repuls-

At Chinese Army Headquar- ters, of Gen. Tang En-po,

May 2.

receive

man and Co., Ltd.

a partner with defendant in the Com-

The Navy Department admitted pointa, many of which already had visit to Rome in 1934, but many are

of the opinion that by his Austrian pradore Department of Messrs. GO- been captured by the Chinese. If the coup the German leader has seriously man and Co., Ltd. She also asked that if foreign ships rench expecta- the edifice of the Home- for an injunction to restrain defen- tions, it may necesitate revision of

from the Amerienn bailleship construction. dant from excluding. her Japanese in Shrusi did not further reinforcements the

Chinese shaken

It is reported that the French would drive them out of the province Berlin axis.

There is some talk of Herr Hitler said parinership.

Mr. Eklon Potter, K.C., instructed 35,000-ton ships, Richelieu and Jean shortly, sald General Chan.

trying to tempt Signor Mussolini with North Afric plans for support in

plaintiff. knols. Hastings, appeared

for

ed the Japanese attacks above spread to create internal dissension and Spain in return for lesby Mr. E. 5. C. Brooks, of Messrs. Bort, are capable of more than 30)

while the Hon. Mr. Leo d'Almada, 4.000

Peihsien and inflicted casualties on the enemy. They hung on until Chinese reinforce ments arrived yesterday and the withdrew slightly Japanese northward until their guns were no longer audible.

to

the

role

Despite many subversive rumours among the Chinese, national solidarity Italian activity in Central Europe. and unity was never greater than to

While French circles anticipate the maximum show of "brave words. day, said the General. Contrary general belief the rumours had only it is also expected that the British determination! and French, combined conciliatory efforts will have due influence with strengthened Chinn's

Feneral Chats reported uut if the forts Wussolin, who, it is hoped,

10 play various will endeavour election of delegates in the

than potential provinces was completed according to ther of arbitrator schedule.

National People's disturber of the pence.--Reuter.

hold

BERLIN ON HOLIDAY llled yesterday Political Council expected to almost

Berlin, May 2. trying to rench Tanchen which, Its first meeting on June 1, thereby

City werkers were given a half- enabling early participation by Contrary to Hsuchow reports,

was public

Government affairs.holiday to-rly and lined the streets again in Japanese hands. I

and cheered Herr Adolf Hitler as he train going to aboard an artillery

Reuter Special.

and his sulte drove to the railway tisinuncher, south of Tunchent, when

station to entrain for Home. Japarrae attacked us. They attacked us sixteen times!

I

Wis

they

Once they caught us unprepared. and A bomb burst beside our cur shrapnet flew, smashing the bar of my new bicycle. I jumped train the Six Japanese planes treight car.

and were side-slipping in. banked and dived at that moment. I saw their tombs coming and threw myself on the ground. There was a terride explosion, shrapnel shriek- 1 look- ed and debris showered me. ed over my shoulder and saw the Into the alr. treight car going up Then I ran, together with a man in peasant's clothing and carrying a white bundlo. A soldier with a rifle shot him through the herd, calling him a traitor!

I stumbled into a wheat field which hid soldiers, armed with German rifles of the year 1892. With these they fired on the planes, which turned their machine-guns on us and then left.

We were lucky that the bornhs hit a car full of horses and missed the ammunition dump.

Railway Very Dangerous The eastern section of the Lunghai We dangerous. very rallway is were in the first train to arrive at That was a Halmanchen in a week. mistake.

The railway officials say they are allowed to evacuate only when they see the Japanese. They are prepared to die.

Eating is very difficult. I had ly two radishes from the fields yester- day.

The peasants, all of them armed bandils who are satisfied with half your money, are numerous.

The wounded are the most pathetic sight. Scores of them I have seen crawling, and smiling in anticipation of rest, to the train-United Press.

ת!

the

Chinese Said

To Be Active

Near Peiping

Reported Capture Of

Lianghsiang

the

Two special trains drew out at 4.40 p.m., in the first of which was Herr Hitler, accompanied by Herr Joachim von Ribbentrop, Foreign Minister, Dr. Josef Goebbels, Propa ganda Minister, and his lieutenants, Herr Rudolf Hess and Frank, the noted jurist

Herr Hans

In the second train travelled the jending officials of the Foreign Omec, leading members of the Nazi Party, the Army and Police Chiefs,

Field Marshal Herman Goering. who will represent Herr Hitler in the the addressed Fuchrer's absence, latter at the station: "Your meeting with Signor Mussolini in Italy will once again manifest the strength of the Rome-Berlin axis. The meeting of the greatest men of this century re- will serve the interests of peace, the Government officials to-day ported that Lianghsiung, 15 miles two peoples and the world."Reuter, south-cast of Peiping, was in the hands of the Chinese forces, and that the Llanghstong magistrate had taken refuge in Changhslation.

Peiping, May 2. A passenger from Shankalkwan reports that a large unit of Japanese troops landed at Tangku yesterday.

The report seems doubtful, how- ever, since a sketchy train service was operated on the Felping-Hankow riway to-day, and no fighting has been reported.

A foreigner at Changhaintien yea- terday saw a large number of Japan- ese wounded moving towards Peiping along the Peiping-Hankow Bne.United Press.

railway

RAIDER WRECKS

DISCOVERED

Hankow, May 3.

SINGAPORE

PANESE

REPORTED ARRESTED

Shanghal, May 3. Uneasiness has been aroused among Japanese residents in Singapore as a result of arrests recently of Japanese there for illegal activities, says the Nicht Nicht report.

On April 15, Tamizo Tsujimori,

In some quarters it is believed that Jnr., instructed by Mr. H. L. Kwan, of Messrs. Wilkinson and Grist, ap-speedy ships will not only seriously threnten slower ships, but may re- Mr. Potter said that defendant was velutionise naval, construction. It is peared for defendant. the son-in-law of plaintiff, and first noteworthy that America's fastest became compradore of Mesars. Cil-cruisers have a speed of 321⁄2 knots,

in 1937 At that Ume, |--United Press. man and the partners in the Compradore De partment were

Co

husband, The shares of two-fifths

her son and duff's

proportion

the

U. 3. NAVAL BILL APPROVED

Washington, May 2. to plaintiff's husband, two-fifths to

The Senate to-day approved the Naval Affairs Committee amendment defendant and one-Bith to the sun.

A authorising The son later died, and the husband

construction of ships withdrew from the partnership.

tons, which sum of $23,000 went to the husband totalling 135,000

sufficient to build three 45,000-ton when he retired.

between the plaintif battleships, It was

as plaintiff's defondant int und husband had withdrawn, she would enter Into the partnership with a of capital of $10,000. The partnership was formed for the sole purpose carrying out a contract, and the only asset of the partnership was the com-

clear, was pradoreship. It counsel, that it was not in the con templation of the parties that it was to be a partnership at will,

snld

PROFITS TO BE DIVIDED Mr. Potter referred to a number of was one not de- authorities to support his case that It did not belong the partnership to defendant solely as he contended, terminable at will.

be divided for the future in certain but the profits of the business would proportions. Courel read out the agreement and said it was interesting to note that the compradoreship was in it, and one of the clauses rected defendant agreed to give the whole of his time of Gilman and Campany. The share that plaintiff held was a share in the Compradore Department of the firm.

and

The Rev. H. R. Wells was cull- ed as an expert witness, Reading made between out the agreement

defendant, wit- plaintiff

"This agree ness said it read. ment is between Leung Nai-yuen and Fong Shuk-king. Now because has agreed to under- Leung Nal-yuen } take the compradoreship of the Tai Ping Yeung Hang (Gilman's) in Hong- kong, Fong Shuk-king has agreed to take out capital to the amount of $10,000, and the two pariles

have future

The wreckage of five more Japanese formerly editor of the Nanyo Jidai, ugreed together that in the planes which were shot down by (the South Seas Era Magazine, which (or for the future), business whether anding to five equal shares, be reckoned. Chinese machines during a thrilling is now defunct), and Sudahiko Shirat, it has profits or losses must, accord- air combat in the Wuhan area on a photographer, were arrested April 30 has been found near Wu- documents confiscated. Recently the Leung takes or holds four shares: chang. The bodies of the Japanese police searched the house of Shuhei Fong take or holds one share. No other words can be used. Especially Ėjiri, a druggist. airmen are near-by.

Altogether 21 Japanese planes were Although the reasons were undis- made this agreement in two papers, dogfight closed in both casca, anxiety is felt each to hold one paper as proof or brought down during the that day-Central News,

by Japanese residents-International, evidence."

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Mr. Wells said that the agreement, as he understood It, was that Leung was undertalting the partnership of the Company, and because of that, Fong agreed to take up $10,000 worth of capital shares in the business. It gone also seemed that they had through a process of discussing and agreeing to this together.

"FOR EVER"

or

The phrase "for the future," treung lot in Cantonese meant "for The other phrase, "no tak vee pin" meant the "nothing further can be Bald."

ever.

Asked by Mr. d'Almada # the leav- ing out of tarung lol in the agreement would have altered it, witness sald that the agreement would probably have the same meaning.

Mr. d'Almada informed witness thut his case was that the leaving out of the phrase would not affect the meaning of the agreement. He also said that he had a witness who would say that in Chinese partnerships determinable at will the phrase was found.

Mr. T. F. Lo, barrister-nt-law, was called by Mr. d'Almada as an expert witness for the defence. Mr. Lo sald he was also an attorney-at-law en- titled to practice in China, and had Court ut practiced in the High Canton since 1933. He also prac- ticed in Hongkong.

ANOTHER VIEW

Mr. Lo said he could not gather from the agreement that it was a The partnership of permanence, phrase, "In the future" did not de- note any permanency at all. It only denoted what was to come: losses or profits that were to come. In his opinion, the agreement. would be the samo i treung lot was left out. It was very natural for writers of such agreements to put in that phrase. The other phrase meant that words contrary to those in the agreement could not be alldwed. It was a formal phrase, and was the some as "It is hereby agreed" in the English, Innguage. There was also nothing in

Charged With Attack On Taxi Driver

Macao Youth Faces Three Chargos

Alleged to have been one of the two persons who had attack- ed a taxi driver at Shatin about midnight on April 28, Albert Joseph Maria Xavier, 17, of Macao, appeared before Mr. K. M. A. Barnett at the Kowloon Magistracy this morning.

S. O.. S. Loung Sai Tor, aged 11, is doaf and dumb.

He came up before the magistrate for being without visible means of subsistence.

What means could he have until he is taught a trade and taught how to understand and make others understand him? So we are putting him into the Deaf and Dumb School...

f

thore

anyone who would maintain this little outcast-it only costs $7 per month:

HONGKONG SOCIETY FOR THE PROTECTION OF CHILDREN

Room 308, Bank of East Asia

Buliding.

RAILWAY WORKER HURT

He was charged with (a) assaulting Leung Chung, taxi driver, at Sheung Wo Che Village, Shatin, with intent to rob; (b) cominon assault, and (e) falling to pay his legal fare, having

A workman of the Kowloon Can- hired the taxi to take him from Llon

ton Railway's workshop Was re- At the request of Delective Ser- moved to the Kowloon Hoppital Rock Road to Shatin,

72 hours. He will thigh. The man, Leung Sin, 23, was geant D. G. MacPherson, Xavier was yesterday with injuries to his right vessels remanded for

next appear at the Talpo Police hurt when a heavy iron rod fell on

his leg while he was working.

the However,

Senate. attached Senator Vandenberg's proviso to the ton ships unless the President obtaina Bill, Ilmiling construction to 33,000- Information that another Power is actually buliding larger United Press.

the partnership agreement to show its duration.

Mr. d'Almada said his case was

Court.

SHIPS IN WIRELESS COMMUNICATION

The following vessels are expected at will, and quoted a number of the Hongkong Radio Station: Pots- that the agreement was a partnership to be in wirless communication with authorities in support of his conten-dam, Blute, Wingwo, Siangwo, Wu- chang, Yatshing, Minoo Maru, and Empress of Canada.

tions.

The case is proceeding.

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-Reuter,

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