1939-07-04 — Page 5

Tuesday,

HONGKONG TELEGRAPH

July 4, 1939.

DONALD DUCK

By

Walt Disney

DANIEL CRAWFORD

A

World Riglos Keurved

Com, 1939, WA Dunny Balistinen

WINDING-UP PETITION

Order

Steam

Against Ching Kee

Navigation

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

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

The petition was opposed by shareholders holding 60,000 shares, and the Dairen Kisen Kaisha, a Japanese concern and one of the creditors.

Co.

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

WALT DISNEY

-RADIO-

ZBW, 355 metres (845)k.c.) and 31.49 metres (9,520 kilo-cycles) Bach Concert Including tion (Rogers); Broadway Melody of

1938 Flim Selection; Curly Top Concerto in C Major Film Selection.

"IL TROVATORE," ACT IV

Radio Programme Broadcast by Z. B. W. on Frequency of 845 kca. und on Short Wave from 1-2.15 pm

p.in. on 1.52 m.c's. per and 8-11 second.

H. K. T.

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

1.30 Orchestral.

1812 Overture (Tchaikovsky) .... The Philharmonic Orchestra, Berlin, with the Ural Cossack's Choir con- ducted by Alexander Kitschin; Ber- ceuse (Sibelius); King Christian Suite 12.00-12.20 p.m. Relay of ServiceMuseile (Sibelius)....Royal Opera of Intercession from St. John's House Orchestra, Stockholm; King Christian Sulte Elegle (Sibelius); Cathedral. Absurd Suggestion

12.30 Sam Browne (Darilone) and Berecure (Kajanus)....Royal Opera This suggestion, Mr. Potter ob the Casani Club Orchestra. /. House Orchestra, Stockholm; Norwe served, was absurd becaure most of Easter Morning-Fox-Trot; Wanglan Dance In D Major (Grieg, Op. the places along the coast of Ching derers-Fox-Trot ....Casoni Club 35)....Gustave Cloez and The Phil-, were already in Japanese hands and Orchestra: My Shadow's Where My harmonic Orchestra of Paris; Slavonic therefore it was tantamount to trad-Sweetheart Used To Be (lda and Dance No. 1 In C Major (Dvorak); ing with an enemy country. The Corr); I'm Sittin' High On A Hill Slavonic Dance No. 2 in E Minor Court should treat the laws of China Top (inf "Thanks a million')....Sam (Dvorak)...Czech Philharmonic Or as English laws, the object of which Browne (Baritone) with Orchestra chestra cond, by Vaclay Talich. was to restrain the activities of its and the Rhythm Sisters: Crying My nationals on behalf of an enemy Heart Out For You-Fox-Trot ***

2.15 Close Down. country. The facts disclosed in A Casani Club Orchestra; The Star And 0.00 Baeli Concert.

Partita In B Fiat...Harold Somuci "The petitioners are shareholders Matsumoto's affidavit were that the The Rose (Young and Schwartz);

Rhymes (Plano); Trio. From "The Musical by Mr. Eldon Potter, K.C., and Mr in the Company, holding 1,500 shares D.K.K.. having been appointed agents Rhythm In My Nursery

On their by the head office of the Ching Kee, II. C. Macnamara, instructed by Mr. of $50 each, fully pald up.

Brown (Baritone) with The Rhythm nleri-Violin; Bonucci-Cello; Ca- D. L. Strellett, of Geo, K. Hall petition an order was made by the were entitled to assume control of Lunceford and Chaplin)......Sam Offering Italian Trio (Poliro-

of Chungkin on the ships lying in Hongkong. Beution and Co. Mr H G. Sheldon, District Court

If its were true the position Sisters and Orchestra; The Feller cella-Plano); Prelude And Fugue R.C., and the Hon. Mr. Leo D'Almada, February 21, 1939, that the Company

because the That Played The Planner-Comedy No. 1 in C Major: Prelude And Jnr.. instructed by Mr. H. J. Arm- be wound up and that Jun-ke Choy, would be remarkable, strong of Deacons, opposed the Ting Z. Chang and Yuen-wu Wong, D.K.K., being a Japanese concern, Waltz; Life Begins When You're In Fugue No. 2 in C Minor....Harriet petition on behalf of the following be appointed liquidators. The Dis were being asked to become agents LoveFox-Trot (film The Music Cohen (Piano); Musette.....Pablo

Chinese company,

said Mr. Goes Round')....Casani Club Or- Casals (Cello) with Piano accomp. by Nichola Mednikoff; Polonalsc shareholders: Hsu Chin-tang (4,394 trict Court at Chungking is a Court of a

to order Potter. Such an act was illegal in chestra.

1.00 Local Time Signal and Wes- And Badinerle (from Suite No. 2 in shares), Isu Teh-yen (3,754), Cheng of competent jurisdiction

B Minor')....Marcel Moyse (Flute) Teh-chun (2,502), Yung-tong the winding up of the Company, the view of the fact that a state of war

special existed between the two countries, ther Report.

1.03 Reginald Dixon at the Organ with Piano accomp. by Georges Truc; (2,044), Kao Cheng-chang (1,684), suld Court having derived

and in the absence of any evidence for that purpose

Naughty Marletta-Film Selection Concerto In C Major...Artur Schna- Yu Weh-ting (1,420), Yu Wel-fan jurisdiction

this Court should to the contrary, (1,000), Li Yu-hsiang (70), Cheng February 20, 1939.

presume that the English law was (Herbert); Mississippl-Film Selec-bel and Kar! Ulrich Schnabel (Two Planos) and The London Symphony Pen-ching (4,377), Cheng Chung-yu

exactly the same as the Chinese law,

Orchestra cond. by Adrian Boult (0,175), Cung Chi-yu

Other Activities

7,00 Closing Local Stocic Quota- tions.

7.02 Verdi's 'Il Trovatore" Act IV.

The petitioners

were represented

(5,823).

Chang Pen-fah (5,420), Chang Hsin-

an

to the amount

enemy:Under"

of

Ceased Business The Company le

indebted

in

to

either

it.

because of these reasonE. “·

Besides,

the majority of ine shareholders

were not in favour of such a step. Singers in order of appearance:

the

the High

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R.A. CHARITY CONCERT

CHINA

TO BE HELD IN THE

teh (4,830), Chang Ming-teh (4,500) various persons in Hongitong. It has it was also stated in the affidavit and the Daisen Kishen Kaisha, who ceased to carry on business in the that, apart from the ships in Ilong are creditors

Colony and can only carry on busi-kong, the Company had 14 others,

As regards the grounds that the Bionca Scaccial; Francesco Merli; of them are ΟΙ $47,167.32. All

ness in China for the purpose of three of which were being run, in

Molinari and Gluseppina Dairen.

winding up its affairs. Furthermore, : the ordinary course of business and ships were liable to be seized, Mr. At the outset, Mr. Potter said that in view of the existence of Sino-

For and Milun Symphony Orchestra. been solutely novel and nugatory, concerns. It had as Mr. T. F. Lo, who acted as ex-Japanese hostilities for the Company the remaining 11 being chartered to Sheldon sald the position was ab- Zinetti with Chorus of La Scala Milan

Japanese

Yehudi Menuhin (Violin) and pert on Chinese law for the petito carry on business would

affidavit, he tioners, had fled an

involve it in a breach of the law of SUECested that the suspension of the the first time in the history of juris-

only prudence, the High Court of a coun- Ignas Friedman (Piano). Company in Hongkong was

Mazurka, Op. 60, No. 2 (Chopin) would put him in the witness-box for China with regard to trading with an temporary and would be resumed as try had made an order which in

..Ignaz Friedman (Plano); Romance cross-examination by Mr. Sheldon.

In answer to Mr. Sheldon, Mr. Locy or result in the seizure of soon as business conditions justified fact was entirely nugntory.

In A Major, Op. 14, No. 2-(Schumann, ships by hostile forces. In the clr-

What had happened was this; the arr. Kreisler)....Yehudi Menuhin sald Article 107, Section 1 of the cumstances it in Juri and equitable

During the past year, the audavit Chinese Criminal Code,

which he that the Company should be wound went on, the business was carried on Ching Kee Company was a Chinese (Violin) with Piano accomp. by

Potter profitably. Mr.

observed company, the owners of 20 ships, six Ferguson Webster; Invitation To The fund translated, provided the death up.

(Weber-Op. 05).....Ignaz penally or penal servitude for life There is danger to the assets. that if companies in England were of which were in Hongkong and the Danee for transferring merchant vessels to principally the said steamships of the allowed to trade with enemy coun- remainder trading somewhere in the Friedman (Piano); Legende, Op. 17 (Wienlanski)... Yehudi Menuhin Chinese-law Company now lying in the waters of tries they would also have returned North, „of „China......

(Violin) and Orchestre Des Concerts "conspiring with an enemy country, Hongkong, unless a winding up order a favourable balance.

All these ships, according to Mr. Colonne cond. by Georges Enesco. referred to supplying monies and is made ang liquidutors are appointed The grounds of opposition, accord-Matsumoto, were still flying

8.00 Local Time Signal, Weather ing to the affidavit, were that if the Chinese fing, and these were properties." This was not necessarily by this Court."

Report and Announcements. limited to supplying

were made the only assots over such things The grounds for the petiton,-sald winding up order

which the directly to an enemy Sinto-But in- Mr. Potter, were:

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

Amparito Roca (Texidor); Bells Of cluded supplying to ap individual or

That the Company had already making any profits and also that the diction. On February 21, 1839, the corporate body of enemy status been wound up by an order of com- exceralve cost involved in the wind-Court in Chungking ordered that the St. Malo (Rimmer)....Callender's which could directly or indirectly benefit the entry country. In the petent jurisdiction in the country of ing up was entirely unjustified.

Its incorporation and consequently it In answer to Mr. Matsumoto's Company be wound up. Nothing Senior Band; Songs Of Scotland (arr. present case, the chartering of ships was dificult to see how it could amidavit, Mr. June-ke Choy had fled happened as to that and Mr. Mat-Dutholt)....The Regimental Bond of to Japan was covered by the section. function in Hongkong under these a statement in which he pointed out sumoto had stated that these ships H. M. Grenadier Guards cond. by

the were still trading. This proved that Capt. George Miller. entirely ineffective, that the word "kok" (country) men- The Company had, in fact, ceased appointment of the D.K.K, as agents the order was

the Section was confined to do business in Hongkong, the had been produced, and that when and it would therefore be an abuse ford v. Cambridge. only to naval, milltary or govern- Chinese employees having departed the China Merchants Company hired of natural justice if this Court were ment forces.

kong, no such information was given.

Error Corrected Dr. Sheldon: I put it to you that and not having done anything for the Sheng Lee na a hulk in Hong-10 grant un order following that.

many months; and:

Mr. T. K. King, Shipping Manager It does not apply to private in- It was just and equitable to wind'

had also When the case was resumed in the dividuals or private property such as up the Company because the whole; of the China Merchants, merchant ships?-The terms ore substratum had gone, it being in- filed an affidavit, saying that, he went afternoon, Mr. Potter drew attention general, like supplying monies nad possible under existing circumstances to the Ching Kee's premises in Wing to an error in one properties. It does not specify for ti to carry on la conformity with Lok Street in April last and found which stated that the petition was vienne; (b) Feder Mikkel; (c) Malle- either 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 Merbrok; (d) Lot Is Dead....Folk Dance

disclosed that its accounts with chants Steam Navigation Co. This Orchestra cond. by Victor Olot: B. Q. M. 5. DICKS if anything indirectly benefits an was incorporared..

Counsel then produced coples of various banks had been closed since was entirely the opposite, and. Mr. | Kirkby Malzeard Sword Dance (art.J. H. LAWRENCE, Jr. enemy State it is covered by the section.

the order made by the District January last, and at no time was any Potter added that those interested in Opening the case, Mr. Potter sald Court of Chungking, and pointed out mention made of the D.K.K, having the China Merchants, after reading Sharp): The Flamborough Sword HAL LORENZO & TOBY GREY COLLEEN NG QUINN

been appointed agents.

that statenient, would not naturally Dance arr. Sharp)....B.B.C. Wire- 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 corporated

liability however, with

Jimited

O'Donnell. WOR dismissed by the August, 1936, it had been impossibic in April. Supreme Court of China on the pro- to trade between ports, for the ships under the laws of China

His Lordship replied that he was 1020. The head office was in Chefoo, cedure and merits of the case,

were liable to seizure by the not such an ardent student of the but at all inaterlut times there bad

Quoting authorlikes to support the Japanese. In other words, a ship local Fress, but if an incorrect state- been a branch office in Hongkong- grounds he had put forward, Mr. Aying the Chinese National Dag, if it ment had been made he thought Mr.

Potter raid that the law that he was wished to trade, could only do so Potter had done enough to dispel....Bruno Walter conducting the asking to applied in this case had with the content of the Japanese the iden, existed for generations. The position naval authorities. would be the same if it concerned a Japanese company with its head office

Mr. Lo said he

Joned

could not agree circumstances;

Text of Petition

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

"The Company owns 20 steamships of which alx-the Sheng Lee, Mao in Tokyo. Lee, An Lee, Feng Lee, Eng Leo and Halh Lee-are now, and, have been for about 10 months, lying in the waters of this Colony,

Japanese Affidavit

:

that no document concerning

Acts Prohibited

of the papers,

8.16 London Relay-Cricket-Ox-

A commentary during the third day's play by E. W. Swanton from Lord's Cricket Ground, London.

8.30

B.B.C. Recording Vicar's Garden Party."

The

A Sketch by Stanley West, 8.45 Fo Dances Scandinavian Dances: (a) Verso-

9.00 Coneer) Walizes. The Swallow Waltz; The Broken String....Russian Novelly Orchestra; Rosenkavalier Waltzes (R. Strauss)

Berlin Philharmonic Orchestra.

9.15 London Relay-The News

interest.

Continuing fis arguments, Mr. 0.30 London Nplay-Food for Sheldon quoted authorities to show Thought". that just because a company had

Short talks on matters of topical Mr. Potter then referred to the been ordered to be wound up in a affidavit of Mr. Lo and said that no foreign country, it did, not follow of

9.45 London Relay--Sporis News One could fail to agree with his necessity, as matter of law, that

and Market Notes. an appeal opinion In the present case,

on Chinese lew. In the the branch office in England or

0.50 New Dance Programme. against an order made by the Disoninion of Mr. Lo, the relations belongkong should be wound bp 05

Quickstep My Blue Heaven; Slow Blace the outbreak of hostilities triet Court of Chungking had been tween the Ching Kee Company and well. There was no nuthority, he between China and Japan in 1937. dismissed, and this in itself was a the D.K.K. could, in a wider sense, end, that he know 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 made between a Ja Josephine. Bradley and Her Boll Hongkong has practically ceased and voking Whe jurisdiction of this the law and that the acts of the panese and a Chinese In Hongkong It's The Spring; Watching The Stars room Orchestra; Fox-Trots-Maybe the said six versels have remained Court."

Company and the nitempls thereat was entirely illegal in Hongkon

Referring to the affidavit filed by were both prohibited.

His Lordship: Are you putting it (alm Splinters in the Air)....Am- "Since the middle of January this Mr. B. Matsumoto, attorney for the

brose and His Orchestra; Pasodoble Counsel concluded by submitting forward that the branch of this com--Bella Espanola; Tango-La Carca- year the ofeers of the Company D.K.K. and the Ching Kee Company that in the absence of any evidence pany is a citizen of Hongkong? formerly in charge of the business Mr. Potter said he would take ob- to the contrary, and on the grounds

inda. Mr. Sheldon: No, but a citizen of Firpo; Fox-Trots We Speak Of You ...Orquesta Tipica Roberto in Hongkong have ceased to control tection to any portion of the state which he had set out, the low in China. However, do submit that often; I Can't Get You Out Of My its affairs; nor have they, so torment which dealt with law. Mr. China as regards trading with an la contract made between a citizen of the petitioners are able to ascertain, Matsumoto, he said, was attended at the offices in Hongkong counsellor in the Marine Court and therefore the Court had juristering of steamships in Hongkong ia ber You Smiling; Fox Trot-The 7.15

only enemy was the same as in England, China and a Japanese for the char. Mind....Harry Roy and His Orches

tra; Wallz-I Shall Always Remera- or opened any other place of business, Dairen and this was not sufficient to diction to order the winding up of not legal.

Towards the beginning of the qualify him as an expert in Chinese the Company.

His Lordship: I don't understand His Orchestra; Fox-Trnt Red Wing To Dreamland.......,Hugo Rignold and month of February, 1930, the Dairen law. Kishen Kniehn, a Japanese concern

Replying for the opponents, Mr. the relevance of this. All the evi Mr. Matsumoto, In his amdavit. with a branch" offen in Hongkong, suggested that the Emergency Ap-Sheldon said the allegation that the dence I have in that the Hongkong Freddie Schnickelfritz Fisher to carry on branch is non-existent. I have heard and His Band; Quickstep-The Black- claimed to have received authority peal Law of Chian prohibiting the Company had ceased

the bird Hop; Fox-Trol-The Falals from the Company to take possession | Transfer of arms and other war business was answered by Mr. Mat nothing of it having accepted

Stroll....Jack Harris and His Or- chestra. of and control the movements of the materials to enemy countries did not sumato in his affidavit in which he contract. sald ships and, as reprezentatives of anoly to

with states that the suspension was only ordinary trading

Mr. Sheldon: The D.K.K, are, tho

His Lordship: Agents of the head

the Company, applied to the Harbour private concerns. The D.K.. were temporary. It had been said that agents. Master for clearances in respect of prepared to obtain an undertaking the typhoon of September, 1937, and the Mao Lee and An Lee. As a re-from the Japanese Consul General in the hostilities, were responsible for office?-You sult of certain proceedings before the Hongkong that to ships would not the closing up of the business. But Court, clearance of the

sold two be seized by the Japanese Govern- surely, Counsel contended, the Com- D.K.K., as agents of the head office, stilpe was ordered to be stopped. ment, and that it the D.K.K. wero puny should not be wound up just

And your submission is that the

PLEASE Turn To Page: 2.

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