1939-07-04 — Page 29

Tuesday,

HONGKONG. TELEGRAPH

DONALD DUCK

Weld Nizhu Rewrved

Cat 1919. 24th Dunry Fribotomi

July 4, 1939. By Walt Disney

DANIEL CRAWFORD

(OLD MATURED)

WHISKY $5.20 per bottle

LANE, CRAWFORD, LTD.

WALT DISNEY.o

WINDING-UP PETITION-RADIO-

Order

Against Ching Kee Steam Navigation Co.

The Hongkong branch of the Ching Kee Steam Navigation Co., Ltd., was ordered to be wound up by the Chief Justice, Sir Atholl MacGregor at the Supreme Court yesterday, following a petition to this effect by the Shlang Kee, otherwise known as the China Merchants Stenm Navigation Co., Ltd, one of tho shareholders.

It was disclosed during the proceedings that the Company hind six ships at present lying in the waters of the Colony, and that the head office had already been ordered to be wound up by the Chungking District Court,

The petition was opposed by shareholders holding 50,000 shares, and the Dulren Kisen Krishn, n Japanese concern and one of the creditors.

given possession of the vessels, they would only be used for commerein) purposes and legitimate trade on the coast of China.

Absurd Suggestion

ZBW, 255 metres (845 k.c.) and 31.49 metres (9,520 kilo-cycles) Bach Concert Includington (Rogers); Broadway Melody of 1930 Film Selection; Curly Top- Concerto in C Major Fim Selection. "IL TROVATORE," ACT IV

Hadio Programme Broadlenal by Z. B. W, on a Frequency of 845 k.c's. and on Short Wave from 1-2.15 pm. and 8-11 p.m. on 9.52 m.c's, per second.

II. K. T.

1.15 Reuter and Rugby Press, Weather Forecast and Announce- ments.

1.30 Orchestral.

1012 Overture (Tchaikovsky)..... The Philharmonic Orchestra, Berlin, with the Ural Cossack's Choir con- ducted by Alexander Kitschin; Ber- ceuse (Sibellus); King Christian Sulto 12.00-12.20 p.m. Relay of Service Muscite (Sibelius)....Royal Opera

from St. John's flouse Orchestra, of Intercession

Stockholm King Christiun Sulte Elegie (Sibelius); Cathedral.

12.30 Sam Browne (Barlione) and Berceuse (Kajanus)....Royal Opert This suggestion, Mr. Potter ob- the Casant Club Orchestra.

House Orchestra, Stockholm; Norwe served, was absurd because most of Easter Morning-Fox-Trot; Wan-lan Dance In D Major (Grieg, Op. the pinces along the coast of Chinn derers--Fox-Trot......Casant Club as....Gustave Clocz and The Phil- were already in Japanese hands and Orchestra; My Shadow's Where My harmonic Orchestra of Parls; Slavonic therefore it was tantamount to trad Sweetheart Used To Be (Ilda and Dance No. 1 In C Major (Dvorak); ing with an enemy country. The Carr): I'm Sittin' gh On A HI Slavonic Dance No. 2 in E Minor Court should treat the laws of China Top (Alm "Thanks a million')....Sam (Dvorak)...Czech Philharmonic Or- as English laws, the object of which Browne (Baritone) with Orchestra chestra cond, by Vaclay Tallch. was to restrain the netivities of its and the Rhythm Slaters; Crying My nationals on behalf of an enemy Heart Out For You-Fox-Trot

2.15 Close Down. 6.00 Rach Concert, country. The facts disclosed In Mr. Casaul Club Orchestra The Star And

Rose (Young ond Schwartz); Partita In B Fiat...Harold Samuel The petitioners were represented, "The petitioners are charcholders Matsumoto's afidavit were that the The

From "The Musical by Mr. Eldon Potter, k... and Mr in the Company, holding 1,500 shares D.K.K., having been appointed agents Rhythm In My Nursery Rhymes (Piano); Trio H. C. Macnamara, instructed by Mr. of $50 each, fully paid up. On their by the head ofice of the Ching Kee, (Lunceford and Chaplin)......Sam Offering"...Italian Trio (Poltro D. L. Strellett, of Geo, K. Hall petition an order was made by the were entitled to assume control of Brown (Baritone) with The Rhythm nieri-Violin; Bonucci-Cello; Ca

of Chungking on

Sisters and Orchestra: The Feller sella-Piano); Prelude And Fugue Brutton and Co. Mtr HL G. Sheldon, District Couri

position That Played The Flanner-Comedy No. 1 in C Major Prelude And K., and the Hon. Mr. Leo D'Almadu. February 21, 1939, that the Company Jur, instructed by Mr. H. J. Arm-he wound up and that Jun-ke Choy, would be remarkable, because the Waltz; Life Begins When You're In Fugue No. 2 in C Minor....Harriet the Ting 2. Chang and Yuen-wu Wong KK, being a Japanese concern, Love Fox-Tret (film The Music Cohen (Piano); Musetta.....Pablo stronk of Deacons, opposed petition on behalf of the following he appointed liquidators. The Dis- were being asked to become agents Goes Round')....Casani Club Or-Casals (Cello) with Piano necomp. of a Chinese company, said Mr. shareholders: Hsu Chin-tang (4,304trict Court at Chungking is a Court Potter. Such an act was illegal in

10 order stures), su Teh-yen (3,754), Cheng of competent jurisdiction Teh-chun (2,502), Kao Yung-long the winding up of the Company, the view of the fact that a state of war (2014), Kno Cheng-chrang (1,584). rald Court having derived special existed between the two countries, Yu Weh-ting (1,420). Yu Wel-fan jurisdiction for that purpose in and in the absence of any evidence this Court should to the contrary. (1,000), Li Yu-slang (70), Cheng February 20, 1939.

presume that the English law was Pen-ching (6,377), Clieng Chung-yu

exactly the same as the Chinese law. (6,170), Chang

Other Activities

because of these, reasons. "The Company is indebied various persons in Hongkong. It ha

It was also stated in the omdavit the majority of the

7.02 Verdi's "It Trovatore" Act IV. ceased to carry on business in the that art from the ships in Ilang were not in favour of such

Singers in order of appearance: Colony and can only carry on busi kong, the Company had 14 others,

As regards the grounds that the Blanca Scacclot; Francesco Merli; ness in China for the purpose of three of which were being run in ships were liable to be seized, Mr. Enrico Molinari and Giuseppina winding up its affairs. Furtherinore, the ordinary course of business and Sheldon sald the position was ab- Zlnetti with Chorus of La Scala Milan "At the outset, Mr. Potter said that in view of the existence of Sine the remaining 11 being chartered to solutely novel and nugatory. For and Milan Symphony Orchestra. as Mr. T. F. Lo, who acted as Japanese hostilities' for the Company Japanese pert on Chinese law for the peti- to carry on business would eitheri tioners, had filed a Afidavit, he would put him in the withers-box for involve it in a breach of the Inws or Suggested that the suspension of the prudence, the High Court of a coun- Ignaz Friedman (Piano).

China with regard to trading with an temporary and would be resumed as fact was entirely nugatory.

try had made an order which in cross-examination by Mr. Sheldon.

(5,623), Chi-yu Chang Pen-fah (5,420). Chang Hain- leh (1,036), Chung Ming-tch (4,500) and the Dairen Kishen Kaisha, who

the of them

are

10 creditors $47,157.32. All Dairen.

antoun!

of are

of

Ceased Business

to

the ships lying in Hongkong. I tils were true the

concerns. It had been

Company In Hongkong was only enemy ur result in the seizure of its soon as business conditions justified In answer to Mr. Sheldon, Mr. Lo ships by hostile forces. In the cir- sit Aricle 107, Section 1 of the cumstances it is just and equitable Chinese Criminal Code. which he that the Company should be wound

the eenth had translated, provided

ASI

enemy.

Under

up.

.

chestra.

her Report.

by Nicholal Mednikoft; Polonaise 1.00 Local Time Signal and Wea- And Badinerie (trom Suite No. 2 in B Minor')....Marcel Moyse (Flute) 1.03 Reginald Dixon at the Organ. with Piano accomp. by Georges Truc; Naughty Marietta-Film Selecton Concerto In C Major...Artur Schna- (Herbert); Mississippl-Film Selec-bel and Kari Ulrich Schnabel (Two Planos) and The London Symphony Orchestra cond. by Adrien Boult

7.00 Closing Local Stock Quota-

Besides, tions. shareholders a step.

the first time in the history of Juris- i

Yehudi Menulila (Violin) and

Mazurka, Op, 50, No. 2 (Chopin) ..Ignaz Friedman (Piano); Romance In A Major, Op. 14, No (Schumann, What had happened was this: the arr. Kreister)....Yehudi Menuhin | During the past year, the affidavit Ching Kee Company was a Chinese (Violin) with Piano accomp. by went on, the business was carried on company, the owners of 20 ships, six Ferguson Webster; invitation To The profitably, Mr. Potter observed

(Weber-Op. 45).....Ignaz that if companies in England were of which were in Hongkong and the Dance allowed to trade with enemy coun- remainder trading somewhere in the Friedman (Piano); Legende, Op. 17

North.ol China.....

(Wienlanstel) ............ Yehudi Menuhin tries they would alsɔ have returned

(Violin) and Orchestre Des Concerts a favourable balance.

All these ships, according to Mr. Colonne cond. by Georges Enesco. The grounds of opposition, accord-Matsumoto, were still Dying the

8.00 Local Time Signal, Weather ing to the affidavit, were that if the Chinese Box. and these were the

Report and Announcements, winding up order were made the only assets over which the High

8.03 Band Music. Company would be prevented from Court of Chungking had any juris-.

Amparito Roen (Texidor); Bells Of making any profits and also that the dlction, On February 21, 1939, the excessive cost involved in the wind- Court in Chungking ordered that the Senior Band; Songs Of Scotland (arr. St. Malo (Rimmer) Callender's ing up was entirely unjustified. Company be wound up. Nothing Dutholt)....The Regimental Band of adidavit, Mr. June-ke Choy had fled happened as to that and Mr. Mat- H. M. Grenadier Guards cond. by under these a statement in which he pointed outisumoto had stated that these ships Capt. George Miller.

were still trading. This proved that that no document concerning the

8.15 London Relay-Cricket~~~Ox- the order was entirely ineffective,

penalty or penal servitude for lifeThere is danger to the assets, for transfering merchant vessels to principally the said steamships of the Chinese law Company now lying in the waters of "conspiring with on enemy country, Hongkong, unless a winding up order referred to "supplying monies and is made and liquidators are appointed properties." This was not necessarily by this Court." limited to, supplying such things

The grounds for the peliton, sald directly to an enemy State but in-Mr. Polter, were: cluded supplying to an individual or That the Company had already corporale body of enemy status been wound up by an order of com- which could directly or indirectly netent jurisdiction in the country of benefit the enemy country. In the its Incorporation and consequently it present case, the chartering of ships was dimeult to see how it could to Japan was covered by the section. function in Hongkong

Mr. Lo said he could not agree circumstances:

In answer to

Mr. Matsumoto's

that the word "kok" (country) men- The Company had, in fact, ceased appolttment of the DKK. as agents and it would therefore be an abuse ford v. Cambridge.

A commentary during the third]

section.

does not

many months; and:

the order made by the

disclosed that its

Error Corrveled

When the case was resuined in the

of the papers,

Lord's Cricket Ground, London.

8.30 1.B.C. Itecording The Vicar's Garden Party,"

A Sketch by Stanley West.

8.45 Folk Dances. Scandinaviani Dances; (a) Varso-

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R.A. CHARITY CONCERT

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CHINA FLEET CLUB

THEATRE

ON THE

7th and 8th JULY, 1939

ARTISTS

CPL, PEASEGOOD GASTON D'AQUINO

tioned in the Section was confined to do business in Hongkong, the had he proceeds on they of natural justice if this Court werey's play by L. W. Swanton from only to naval, military or govern- Chinese employees having departed the Chins Merchants Company hired to grant an order following that. ment forces.

kong, no such information was given. Mr. Sheldon: I put it to you that and not having done anything for the Sheng Lee as a hullt in Ilong It does not apply to privato

Mr. T. K. King. Shipping Manuger in- It was just and equitable to wind dividuals or private property such as up the Company because the whole of the China Merchants, had also merchant ships?-The icrms are substratum had gone, it being im- filed an affidavit, saying that he went afternoon, Mr. Potter direw attention general, like supplying monies and possible under existing circumstances to the Ching Kee's premises in Wing to an error in one properties. It

specify for it to carry on in conformity with Lok Street in April last and found which stated that the petition was vienne; (b) Feder Mikkel; (e) Malle- elther the State or an individual, but the laws of the country in which it nobody there. Subsequent inquiries for the winding up of the China Mer brok; (d) Lot 18 Dead....Folk Dance

benefis an was incorporated.

accounts with chants Steam Navigation Co. This Orchestra cond. by Victor Olof: if anything Indirectly

B. Q. M. 8. DICKS enemy State it Is covered by the Counsel then produced captes of various banks had been closed since was entirely the opposite, and Mr.

January last, and at no time was any Potter added that those interested in Kirkby Malzeard Sword Dance (ort,

Sharp): The Flamborough Sword J. H. LAWRENCE, Jr. Opening the ease. Mr. Potter said Court of Chungking, and pointed out mention made of the D.K.K. having the China Merchants, after readin Dance nrr. Sharp) B.B.C. Wire- HAL LORENZO & TOBY GREY COLLEEN NG QUINN

that statement, would not naturally the Ching Kee Company was in- that there had been an appeal which,

Mr. King also stated that since be at all pleased with his arguments.less Military Band cond, by B. Walton THE HARMONY THREE limited corporated

linbility however, with

was dismissed by in April Supreme Court of China on the pro- to trade between ports, for the ships" the August, 1038, it had been impossible under the laws of China

His Lordship replied that he was; 9.00 Concert Waltzes. 1920. The head office was in Chefoo, cedure and merits of the ease.

The Swallow Waltz; The Broken were able Lo scizure by the not such an ardent student of the! but at all material times there had Quoting authorities to support the Japanese. In other words, a ship local Press, but if on incorrect state- String....Russian Novelly Orchestra; been a branch office in Hongkong.

grounds he had put forward, Mrflying the Chinese National dag, if it ment had been made he thought Mr. Ratenkuvaller Waltzes (R. Strauss) Potter said that the law that he was wished to trade, could only do so Potter had done enough to dispel...Bruno Walter conducting asking to be applied in this case bad with the consent

of the Japanese the idea, existed for generations. The position naval authorities. would be the same if it concerned a Japanese company with its head office

Acts Prohibited in Tokyo.

Text of Petition

Counsel then read out the petition, which stated in part:

Japanese Affidavi

District

been appointed agents.

O'Donnell.

Intercal.

the

Berlin Philharmonic Orchestra.

9.15 London Relay-The News, Continuing his arguments, Mr.

0.30

London Belay-Food for Sheldon quoted authorities to show "The Company owns 29 steamships

Thought'. that just because a company had

Short talks on malters of topical of which alx-the Shenit Lee, Mao

Mr. Potter then referred to the been ordered to be wound up in a Lee, An Lee, Feng Lee, Eng Lee and

affidavit of Mr. Lo and said that no foreign country, it did not follow of

9.45 London Relay-Sports News Iain Lee-are now, and have been

one could fail to agree with his ecessity, as a matter of law, that for about 18 months, lying in the

In the present ense, an appeal

oninlon on Chinese law. In the the branch office in England or and Market Notes.

9.50 New Dance Programme. waters of this Colony.

"Since the outbreak of hostilities trict Court of Chungking had been tween the Ching Kee Company and well.

against an order made by the Dis opinion of Mr. Lo, the relations be-Hongkong should be wound up us There was no authority, he

QuickstepMy Blue Heaven; Slow between China and Japan in 1937, isnissed, and this in itself was the D.K.K. could, in a wider tense, satd, that he knew of, which showed Fox-Trot-Just One More Chance, the business of the Company short and effective ground for in-he construed as an infringement of that a contract rule boiwern a Ja...Josephine Bradley and Her Ball- Hongkong has practically censed and voking the Jurisdiction of this the law and that the acts of the panese and a Chinese in Hongkong om Orchestra; Fox-Trots-Maybe It's The Spring; Watching The Stars the said alx vessels have remained] Court.

Company and the attempts therent was entirely illegal, in Hongkong.

Referring to the ndavit Med by were both prohibited, "Since the middle of January hin Mr. B. Matsumoto, attorney for the

His Lordship: Are you putting it (Alm 'Splinters in the Air)....Am- brose and His Orchestra; Pasodoble Counsel concluded by submitting forwned that the branch of this com-lella Espanola; Tango-In Carco- year the officers of the Company D.K.K. and the Ching Kee Company,

Jada.....Orquesta Tiplen Roberto firmerly in charge of the businesshir. Potier suld he would take ob that in the absence of any evidence pany is a citizen of Hongkong? is, Hongkong have ceased to control foction to any portion of the state which he had set out,

to the contrary, and on the grounds) Mr. Sheldon: No, but a citizen of Firpo; Fox-Trots We Speak Of You the law in China. However, I do submit that often I Can't Get You Out Of My Its nffairs, nor have they, so far as ment which dealt with law. Mr. China as regards trading with as a contract made between a citizen of Mind....Harry Roy and His Orches the petitioners are able to ascertain. Matsumoto, he said, was only a attended at the offices in Hongkont counsellor in the Marine Court of enemy was the same as in England, China and a Japanese for the char tra: Waltz--I Shall Always Remem- or opened any other place of business. Dairen and this was not sufficient to and therefore the Court had juris-tering of steamships in Hongkong taber You Smiling: Fox Trot-The 7.15

"Towards the beginning of the qualify him as an expert in Chinese diction to order the winding up of not illegal.

the Company. month of February, 1930, the Dairen law.

His Lordship: I don't understand To Dreamland....Hugo Bignold and His Orchestra; Fox-Trot-Red Wing Kishen Kalshn, o, Japanese concern Mr. Malsumoto, in his nmdánvit, Replying for the opponents, Mr.]the relevance of this. All the evi- ....Freddie Schnickelritz' Fisher with a branch office in Hongkong, suggested that the Emergency Ap-Sheldon enld the allegation that the dence I have is that the Hongkong and His Band; Quickstep-The Black- cinimed to have received authority penl Law of China prohibiting the business was answered by Mr. Mat- nothing of it having accepted

Company had ceased to carry on branch is non-existent. I have heard bird Hop; Fox-Trot-The Palsta

the Stroil....Jack Harris and His Or of arms and other wor of and control the movements of the materials to enemy countries did not sumoto in Jils atidavit In which he contract.

chestra. sold ships and, as representatives of apply, to ordinary trading with stated that the auspension was only the Company, applied to the Harbour private concerns, The D.K.K. were temporary, It had been enld that agents. Master for clearances in respect of prepared to obtals, an undertaking the typhoon of September, 1837, and the Mao Leo and An Lee. As a re- from the Japanese Consul General in the hostilities, were responsible for office? Yes,

But And your submission is that the sult of certain proceedings before the Hongkong that the ships would not the closing up of the business.

·Court, 'clearance of tho

and two be seized by the Japanese Govern surely, Counsel contended, the Com-D.K.K., as agents of the head office, ships was ordered to be stopped. ment, and that if the D.K.K, were pany should not be wound up just PLEASE Turn To Pago 7.

from the Company to take possessionį transfer

Mr. Gheldon: The DICK, are the

His Lordship: Agents of the head

PEANUT ROACH

B. 8. M. SMEE

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Police.

The Day's Work In the Punjab: Talks by Serving Officers, Introduced

General.

by E. W. Wace, Deputy Inspector-33 WONG NEI CHUNG ROAD

11.00 Close Down.

HAPPY VALLEY.