1939-01-28 — Page 18

14.

Saturday,

HONGKONG TELEGRAPH

January 28, 1939

U.B.BEER

miri

Ta- ua

UB

Prefeed

REWERY

BEER AT ITS BEST

UB

SHANGHA

W.R. LOXLEY & Co., (China) Ltd.

Write

for descriptive leaflets of

the

THORNYCROFT

3-ΤΟΝ

'NIPPY' CHASSIS

APPEAL DISMISSED JAPAN AND

Chief Justice On Duty

}

reason.

Of Solicitors

FRANCE Paris Objects To Tani

As Ambassador

Tokyo, Jan. 27: Terming the French attitudo. a

understand, failed to

ment

tha

The non-appearance of Mr. C. A. 5. Russ in the Full Court matter which the Japanese Govern

Office spokesman to-day, yesterday, during the hearing of an appeal in which he was engaged, Foreign" was commented upon by the Chief Justice, Sir Atholl MacGregor, voiced regret at the failure of the who said he wished solicitors to know of his feeling that it was their French Government to accord agree- pointnient of Mr. Masayuki Tant, duty to attend personally unless, of course, they had a qualified ment promptly to the proposed up- Japanese Minister-at-Large in China, ny the new Ambasandor to France.

asiced for the French some time ago asked lle said the Japanese Government Government's agreement to the op Gover pointment of Mr. Tant succession

in d to Mr. Yotaro Sugimura.

The French Government, however, out that Mr. Tanl had pointed pointen

tional leave to defend as well.

Breach of Agreement

Mr. Fitzroy then confined his argu- spoken about French alt to China

former

The appeal was against an order was entitled to impose conditions on mude in Chambera on September 30 your teave to defendWe shall hear last by Mr. Justice R. E. Lindsell, you.. That is the only issue raised Judgment pre-in your notice; beyond that I am which set aside a

defendant, in afraid we cannot hear you. viously given against

on condition default of appearance, that he deposited certain shares In- volved in the Court, within 14 days. The appellant was Li Shing-kul ond he now asked not only that the judgments to the question at issue, and in an interview last year, with press ment given against him in favour of Buld that in 1030 appellant and ref correspondents. On the ground that LiLam-shi, administratrix of the pondent entered into an agreement what he had said then was contrary estate of Li Shing-yiu, be set aside, which presupposed that there was to fact, the statement indientes, the Government appear to be but also that he be given uncondi-one money due from the latter to French

the

Through expenses incurred hesitant to give agreement to his new administration of the estate appointment. the

shures were left "As for the Japanese Government, Mr. 11, Somerset Fitzroy, instructed and whereby the by Mr. Russ, was for the appellant; with the appellant until the account they have since the outset of the and Li Lam-shi was represented by had been settled. However, before China Affair, cailed the attention of the French Government reverni Mr. D. J. N. Anderson, on the instruc- the account was finally seitled, appel-

lant transferred the shares to another times regarding information in con- tions of Mr. Peter H. Sin.

person-admittedly a breach of the acetion with the arms traffle through The Chief Justice heard the appeal agreement--but seemed that the Indo-China and eyen

that most the trial Judge should have French Governnient

Japan

At the outset,

Atholl Mac-done was to ask for the account only, would in case of necessity take ap- Gregor asked Mr. Fitzroy where hin and not for the deposit of the shares, proprinte measures in this regard.

is quite proper, therefore, for Instructing solicitor was, and he re- which was impossible.

His Lordship remarked that whe-Mr. Tani, an an official of the Japan- plied that Mr. Russ had gone to Kow-

Government, to uphold loon in connection with a death in- ther the order was or was not proper ese

was a matter which the Court would express quiry,

not consider, us the appellant had ment," the statement says.

with Mr. Justice J. A. Fraser.

Sir

Duty at Solicitors

terring the shures to another person, in which was a clear breach of the

agreement.

His Lordship; My brother and I come with dirty hands through trans- de feel, and wish solicitors to know of this feeling, that in a sitting in the Full Court it is the duty of in- structing solicitors to personally at- fend unless, of course, they have a qualified reason.

Mr. Fitzroy: I rather agree with that, but it is difficult for Mr. Russ to arrange as his is a one-man firm.

Hlin Lordship: The Full Court does not sit every day and it is easy to

arrange.

notified the

and the views of his Govern-

In the course of the Budget debate the Lower House to-day. the Foreign Minister, Mr. Arita, revealed that the request for the French Gov- Mr. Fitzroy expressed his agree ernment's agreement to Mr. Tani's there was no appointment was made to Parla in tent, and admitted answer to it; but said the sole ques- December but no reply has been tion was whether or not the Court received. Inquiry revealed that the should grant unconditional leave to French Government was apparently withholding its agreement because of defend.

Mr. Tani's statement.

"Should the French Government

Mis

given against his client, in default? sive luxury for any lordship con- had any intention of appointing a

an order

Press Comuncul Criticising the dilatory tactics

His Lordship remarked that ap- pellant had had ample time to bring into Court the money for the shares, persist in withholding its agreement, but instead he had chosen to pursue Japan has no alternative but to with- an. Ambassador to Dealing with the appeal, Mr. Fitz- the proceedings to the Full Court, hold sending roy said that after judgment had been which was always rather an expen- Paris," Mr. Arita declared.

Asired whether the Government "I do not think," his of appearance, an application

was

than Mr. Tani as brought before Mr. Justice Lindsell tinued, "that this appeal tribunal is diplomat other to have it set aside on the round the next steps to be taken by the crnment woul pursue a wall-and-see proper place in which to discuss Ambassador, Mr. Arita sold the Gov- that the decision yus obtained Fularly

writ of summons had appellant in the Lower Court Our polley. not been served.

On that application, duly here is to consider solely the the Judge made

setting merits of the appeal, and on that my aside the judgment, but on condillon brother Fraser and I are agreed that pursued by the French Government that the 500 shares of the Ewo Cotton this appeol has no merits and, in the Asahi Shimbun declares that the Mills,

or fact, is conspicuous by the consider- real reason for the French atlitude is which were Involved, $4,063.20, the value thereof, be deable amount of non-merit. The appeal the French Government's policy to- posited in Court within 14 days. This ta dismissed with costs. Any further ward Japan and not in personal was impossible, said Counsel, as the steps that you desire to take with affairs relating to Mr. Tani.

regard to the action which ought to shares had been pledgad.

In the writ of summons, it was have been taken on the order of my ese Government, through the Japan-

brother Lindsell, will be properly stated that appellant was a brother taken care of in Chambers under of Li Shing-ylu, and had obtained all Original Jurisdiction." the assets from the estate, including the 500 shares, the return of which formed the subject of the

claim. The appellant's case was that the writ had never been served on him, and that he only heard of the pro- ceedings a few days afterwards.

Knew of Proceedings

Social Items

His Excellency the Governor and Lady Northcote will dine with His Excellency the General Officer Com- manding and Mrs. A. E. Crescit at Flagstaff House on Wednesday.

in

The paper reveals that the Japan- Embassy in Paris, early January asked for a definita reply from the French Government regard- ing the latter's delayed answer. A

which reply

by the was given French Government a few days ago, states that the ideas and movements

of Mr. Tani were non-conciliatory against France.

"This protects me from SORE THROAT

Those Formamint tablets are palatable. harmless and much more effective than gargles. Unlike gargling. Formamint does not irritate my throat.". Tako Formamint at the first sign of a Sore Throat or when- ever an epidemic is about. It destroys dangerous disease germs in mouth and throat. thus preventing serious Infec- tlous diseases, such as Influenza and Diphtheria. --------

Buy a bottle of formimint to-day at your nearest chemire de store dealst.

FORMAMINT

The Germ-killing Throat Tablets.

STOLEN FROM THE SOUTH SEAS MAIDEN

The secret of her stranga «nchantment] TATTOO for #ps instead of posty contingi

ne glamorous Little South

Seas enchantress doesn't cost her lips with pasty colour that has no allure. Indeed not! Instead, the Tattoos them with na alluring trans- parent red. She knows too, there's no romance in that are rough and wrinkled.

Heri

are

lips

soft and smooth.

cret of fascinating

Her secret

lips can

just as

TATTOO

as easily be yours. Trans-

parent, alluring South Ses colour thatae. tually softens lips and that becomes an almost irremorable part of the lips an instant after application. Such is the mar velous new L'ATTOO Lipstick. See the exciting aliades at your favourite store, Varionasizes at prices to i fir enry purse. CORAL".ZEÒTIC., NATURAL, PASTEL HAWABAN

TATTOO

YOUR

for your complete beauty treatment, use Tattoo Powder, Rouge and Mas-

Sole Distributor:

Referring to the French attitude shown at the recent meetings of the The Chief Justice pointed out that

League of Nations, the paper alleges that France has been and is pursuing the appeal was not concerned with

an anti-Japanese polley in connee- flint; but with the terms imposed by

tion with her interests In South cara (Cream with brush) -the trial Judge. Besides, the fact

The wedding took place at the China. The paper instances in this! that appellant had knowledge of the proceedings was shown by his affir-Registry yesterday, before Mr. T. J. connection the continued transit of

to the effect that the wrli Gould, Deputy Registrar of Mor arms to China through French Indo was served on a fold of his, who did riages, of Mr. Chau Cheung-ming, Chith..

paper understands that the not bring it to his notice but left it wireless operator, and Miss Ng Chou-

negotiations botween Japan among a lot of papers, and that he wall, of 41 Queen's Road, East, France regarding Mr. Tant's agree- Hongkong. The witnesses werd was made aware of it only after Messrs. Ng Tu-sni and Lung Chiu- ment were discussed by the Five- judgment had been made against

im

Mr. Fitzroy replied that first of

kit.

*

Tho

and

Minister conference on Thursday, on

the basis of the reports submitted by

the matter and the Government's

all he must ask for the judgment to The following forthcoming wed-Foreign Minister Arita. Reports on be set aside because the writ was dings are announced: Mr. William not served, and falling that for un- Alfred Allen, musician, and Miss policy regarding it were submitted conditional' leave to defend,

Flora Abelia Markham, artist, of 32 to the Emperor when Mr. Arita Wong proceeded to the Imperial Palace to- His Lordship: But the first part Lock Road, Kowloon; Mr. was not set out in the appeal. You Man-song, merchant, and Miss Lau, day.

15 Castle Shun-ying, teacher, of merely asked that the judgment be Road, Hongkong: Mr, Law Kang-po, event of France failing to accord set aside and that the appellant beroft, of Messrs. Reiss Bradley and Riven unconditionally leave to defend.

if you can give me any authority that Co., Ltd., and Miss Poon Wal-ying, Court of Appeal is entitled, without of 130, Kennedy Road, Hongkong. any notice, to consider anything out-

The paper believes that in the agreement, Japan will follow her example and withhold agreement to the appointment of a new French Ambassador to Japan, in succession to Mr. Arsene Henry in case of the latter's retum home.

Concluding, the paper declares that n gloom has been cast over the

side the terms of your appeal, I shall Owing to there being a clerical be very glad to hear, but I know of error in the original notice, it is now no such authority. You must appeal announced that the A.R.P. lectures directly on the terms of your notice, to be held at the Diocesan Junior and if you desire to address us on Girls' School, Duke Street, Kowloon, French-Japanese relations because of what seems to be the only matter at will be on Tuesdays, commencing the breach of faith on the part of Issue-whether or not the trial Judge February 14 at 6 p.m.

France--Domel;

Aaw Pit Seng's Trading Co., Ltd. Hongkong.

Aptly named the 'Nippy,' for its quick get-away and high road performance, this new Thornycroft is available with 10" 12" and 12′ 6" wheelbase in both normal and forward- control types, has extremely economical 60 b.h.p. engine, 7" frame, Lockheed-operated Girling brakes, and space for bodies up to 15′ 10′′ long, amongst its other fine features.

THORNYCROFT

Stands

for Satisfaction

FOR FURTHER PARTICULARS

APPLY TO OUR

HONG KONG OFFICE, TEL. 22363. St. Georgo's Bidg. 1st Floor.

Count the "TELEGRAPHS" everywhere

RAID PRECAUTIONS

AIR RAID

ESTIMATES SUBMITTED FOR ALL THE LATEST APPLIANCES TO HOME OFFICE SPECIFICATION

BOMB & GAS PROOF CHAMBERS CONSTRUCTED

C. E.

WARREN & Co., Ltd.

ST. GEORGE'S BUILDING.

Chater Road, Hong Kong..

Don't spend

half your life catching

cold

BAYER

‘ASPIRIN'

WILL PROTECT YOU