1939-07-12 — Page 27

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Espionage Allegation Against

Officer

Wednesday,

HONGKONG TELEGRAPH

July 12, 1939.

Lilirarý, Supreme Court

Chief Justice Dismisses Application

NO ANNULMENT OF

ADJUDICATION

THE APPLICATION by

the Official Receiver, Mr. L. Convent Door Smashed In With Axe

R. Andrewes, for the annul- ment of an adjudication order against Choa 'Po- sien, former compradore of the Banque Franco-Chinoise

ACCORDING TO re-and reputedly at one time ports from Kalgan, the millionaire, was dismissed in the Bankruptcy Court British Military Attache this morning by Mr. Justice to the Chungking R. E. Lindsell.

Mr. Justice Lindsell said he Government, Lt.-Col, C.

ing at a later date.

Armed Robbers Seize Mainland Nunnery

ARMED ROBBERS, one of whom fired a shot from his revolver, raided the Lin Yuen nunnery at Titongchai, Tungchung district, shortly after midnight to-day,

If your chemiet can't supply you, writ Spear, will face a Japan-would give his reasons in writ- according to a report made to the police this morning.

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ese Military Court Mar- tial this morning on a

charge of espionage.

Lt. Col. Spear will not be permitted to obtain advice foreign observers. at

from British

or

other the trial, which will probably be conducted in secret.

TYROLIAN EXPULSIONS

The bandits remained in occu- Allegations of fraud on the part of pation of the nunnery for over certain creditors were made and sub- an hour, during which time they sequently withdrawn by the Oficial completely ransacked the place. Receiver at the opening of the pro- i Their booty consisted of complaint to certain alleged Irregul- $18.50 in Hongkong currency, rities and contended that the bank-$1.50 in Straits currency, $2 in Frontier Area To Be rupicy was brought for the benefit of Annam currency, two

Closed To Foreigners

ceedings. Mr. Andrewes limited his

the debtor.

1937 Bankruptcy

wrist

axe.

watches and a clock.

The men were armed with, in Choo was adjudged a bankrupt in addition to the revolver, iron 1937 and it was alleged that this bars, a chopper and an was brought about by a number of The latter was used to effect It is understood that the friendly creditors in order to deprive entry. charges specifically relate to the judgment she obtained against

some amateur

Misa Ethel Morrison of the fruits of

cinema #lms the debtor to The extent of over which Lt. Col. Spear took during | $29,000,

Mr. M. A. da Silva appeared for his journey from Chungking to

the debtor and a creditor Ho Pak- Kadtraa.

ching, the Hon. Mr. M. K. Lo was for Tang Shiu-kin and Chung Tat- re-ching, Mr. P. Wynter-Blyth was for athe Procurator of he Spanish Dominican Mission, and Mr. T. J. creditor Lay Kan-tat, the estate of

The British officer will be presented at the trial by Japanese lawyer.

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It has power to impose drastic penalties. However, it is believed that not even the Japanese would in- pose a heavy penalty on a British ofBeer. even if conviction obtained.

G.O.C. Intervones!

Prior represented the petitioner

Kwan King-chung, and Lee Choa- see. All of them were creditors.

"A Lot Has Been Sald"

War Insurance

For Shipping

Details Of Scheme

ROME, July 11, THE BRITISH and French Ambassadors and the Dutch Minister called at the Foreign Office separately to-day to In- quire about the order to their nationals to leave South Tyrol.

The expulsion order refers to the whole frontier district which will be closed to all foreigners except merely for transit purposes,

About 30 British, 15 French, and from 40 to 50 Dutch subjects. well

us a number of Swiss, are affected.

It is slated in Italian circles that

Told To Commons the reason for the steps appears to

LONDON, July 11. DETAILS of the Government When the case was resumed this scheme to insure shipping and morning, Mr. Prior submitted that the cargoes in war time was outlined only ground on which an application when the War Risks Insurance for annulment of an adjudication order could be brought was fraud, and Bill was introduced in the House at this ground had been withdrawn of Commons to-day by Mr. Oliver by the Ometal Receiver, the petition Stanley. should be dismissed.

The bill deals with the insurance of ships and cargoes, the insurance

be political and military.

"Reuter's" diplomatic correspon- dent in London understands that the

British Government is enquiring in Rome will regard to the reasons why British subjects have been ordered to leave South Tyrol.

Spinsters To Go

The order aftrels some 15 British subjects, including a farmer and two elderly spinsters living in hotels.

According to Information received

in London, the order affects some 200

of goods in Great Britain, and foreign subjects, mostly Swis, but it finance and other provisions.

is stated that two American subjects are not included in the expulsion order.

All the facts were known to the Official Receiver at the time the It is understood that the British petition for bankruptcy was filed, and

he (Mr. Prior) could not see how The Board of Trudo is empowered G.O.C., Major General Graselt, un-

things could have happened in any to transact the insurance of British successfully intervened on behalf of

ships and cargoes in ships or aircraft

British subjects affected by the Lt. Col. Spear when he visited Pel- other way that they did.

"As regards Choa, a lot had been against war risk when reasonable order have not been given any ping earlier this week.

conduct, but if he hadsurance nat otherwise available; Major General Grasett was also said about

"United Press unsuccessful, it is understood, in fly actually obtained money by false and in war time, to insurance of ships cason for the expulsion, Reuter.

quotes well- cfforts to obtain foreign legal aid for pretences from Miss Morrison, why and cargoes against additional risks. Informed quarters as expressing the

was he not prosecuted?"

The bill provides for the payment bellet that foreigners are being ex- "There are certain

statutory of compensation to importers Into, or pelled so that they will not witness

Great offences under the Bankruptcy Ordin-consignors from

Britain in the uprooting of Germans in Tyrol ance which are very searching, and i respect to losses in transit. if Choa had committed any of these The Insurance of goods will be under a prospective Italo-German he could have been prosecuted." made compulsory in

the British officer.

thin

Tokyo Protest

Router Special.

of

Further representations have been made by the British Ambassador in Tokyo, Sir Robert Craigle, regarding the continued detention of the British Party To Irregularities Attache, who has now been in Japanese hands for over a month. Dealing with the question

announced Irregularities, Mr. Prior said that It was semi-officially

were, the Offeint morning that the Japanese whatever they Foreign Minister, Mr. Arila, had us-Receiver was a party, to them, for sured the British Ambassador that he they must have been known to him would use his influence-to-obtain the In. 1937,

There was no recting of creditors release of Lt. Col. Spear "as soon as

in regard to the application, and by It is practicable."

his own admission of, some of the proofs of debt, the Official Receiver should he stopped from calling them irregularities.

war

time.-

which the Official irregularities Receiver has mentioned "

the

agreement.

The French Government has made representations to Rome asking for the evacuation of French residents in

Tyrol to be delayed.

Military Reasons

DERNE, July 11.—According to expulsions from Bolzano are for Information received from Rome, the political and military reasons, and, concern all foreign tourists and re-

sidents.

every

Mr. Andrewes' Reply In his reply, the Onletal Receiver said that the facts adduced in evidence showed that~~(1) the debtor, by falsely pretending to be the compradore of the Banque Tourists must leave immediately, Franco-Chinelse, had detruded Miss while residents who might have dif Washington Amazement

Morrison of $27,072 (2) the debtor feuily in leaving are granted in- had sought and petitioned througis dividual postponement. WASHINGTON, July 11--Dipio- matie clrcles in Washington express "The wishes of the majority of his friend, Loy Kum-fat, the protee-

The Zurich "Zeltung" reports that amazement at reports lint the Japan-ereditors in a matter of this kind are tion of bankruptcy; and (3) the 15the expulsion of Swiss subjects ins

per cent. rule was circumvented and been postponed; however, ese are planning a military Court of the highest Importance," Martial for Lt. Col. Spear.

Mr. Wynter-Blyth said that some infringed by the debtor with

Swiss must make written application It is pointed out that the British of the creditors, led by Mr. Lo, had friendly assistance of three of his to the Prefecture explaining his rett-

Omeial creditors, Kwan King-chung, Tang sons for exemption. Line assailed officer is not only entitled to violently

All will be diplomatic immunity but that, at the Receiver's application and had press-Shlu-kin and Father Noval,

"No evidence has been called to permitted to remain in Bolzone until time of ble arrest, he was in the ed upon the Court to dismiss it, but

their applications are decided upon. as far as his ellent was concerned, he dispute these facts, and therefore we United Press. country to which he in officially

had been instructed to adopt a differ- have established that the debtor was accredited.

ent attitude.

fraudulent in relation to his affairs within the meaning of the proviso of Suction 10 of the Bankruptcy Or- dinance."

Continuing. Mr. Andrewes sald was based cn iwo his submission

(1) that the adjudication grounds

London, July 11. beder should not have been made,

Three hundred workers engaged in and (2) that the assets for division among the creditors were not and the construction of a millia camp in would not be 15 per cent.

Yeovil, Somerset, decided to-night to An regards the first point, Mr.igo on strike. "I quite appreciate the fact that the Officini Recolver considered it his Andrewes claimed that the Bank- The decision was taken as a result

But fruptcy

Ordinance, which differed of a conflict between the camp ad- duty to bring the application. although the allegations that the widely from the English Bankruptcy ministration and a trade union, dur promissory notes were manufactured legislation, laid down that a receiving which camp police were ordered the has been withdrawn, the one which in order could be rescinded if the to expel the union's agent from the comparativo failure of the recent concerns my ellent seems to me to debtor was guilty of any misconduct camp--Trans-Occan. press campaign.

remain unchanged. This allegation is in relation to his, affairs. He refer- Ten million badges, bearing Mr.to the effect that my client has sup-red to a recent case in which the Winston Churchill's name, have been pressed part of the debt due to him Chief Justice dismissed the petition arderext, and all persons interested in and that he has acted in concert with and remarked that the "whole thing his admission to the Cabinet are the debtor and some of the creditors, ricks of collusion."

The situation is described here as entirely without precedent, and it is expected that very grave repercuss- tons are likely if the Japanese persist in their plans to bring the officer to Court--United Press.

Mr. Churchill And Cabinet

London, July 11.

Methods to secure the admission of Mr. Winston Churchill to the Cabinet have taken a new form since

their button-

Ltd,unked to wear one in

hole in order tu increase his popularity among the masses.

The first of these badges was bonded to Members in the House of Cominons this evening-Trans- Otcan.

CANTON AGENTS

for

The

Hongkong Telegraph.

King Goes Down The Thames

No Concern To Cliant "It is a matter of no concern to my ellent whether the application is granted or not or whether any of the dividends which have been pald are repald. What he is vitally concerned with is the allegation which hus been male concerning his conduct in the

case.

"The only evidenec given was that by Miss Morrison, and I cannot find anything in it to disclose any concert between the debtor and some of the creditors involving my client.

"It seems that the allegations depend on the inferences which were the drawn by the scunty facts at Ofeinl Receiver's disposal.

act

מ!

.

Collusion

The facts in this case, said: Mr. Andrewes, were similar and if the previous case recked of collusian, so Idid this one. In any event, no evid- ence frad been called to deny the accusations.

The order should not have been made, and the reason why it was granted was because, al that time, Not A Business-Man

Chea, did not choose fɔ disclose all "My client is the head of the facts-that he had defrauded Miss Morrison and that he had been guilty religious and charitable body and

ac of any conduct of a fraudulent cannot be expected to

the with what

Omelet nature. Neither had he disclosed his LONDON, July 11.-The King, cordance wearing the uniform of Admiral of Receiver has referred to as ordinary abilities. Another reason was that Chon was adjudicated before his the Fleet, accompanied by the Duke business methods. of Keht, embarked this evening on

My client at ene time mentioned public examination.

Dealing with the second-point, Mr. the black and gold royal barge at that he would waive part of the debt Westminster Pler, and proceeded to and threatened to sue Chor for the Andrewes said there could be no 15 thousands of people on both, banks in concert with the debtor? This that the Court should exercise its of the river.

fact alone in conclusive proof against discretion under that rule against the debtor by unnulling the bunk- The King dined in the ofBeers any irregularities on his part. niess of the newly-restored painted The case," concluded Mr. Wynter- ruptcy.

attracted considerable

Lordship dismissed the ap- hall of the Royal College, The 306 Blyth, has guests included Lord Stanhope, Lord publicity and has caused my ellentplication, and said he would give his

Ireasons in writing. Chatfield, Sir Samuel Hoare, Sir considerable unnecessary. puin,

The question of costs was then ar- Dudley Pound, and Admiral Sir would therefore ask your Lordship Studhulme Drownrigg.

Reuter to declare that there is absolutely no gued, His Lordship said he would

ground for any of the allegations of reserve his decision on this point..

WM. FARMER & Co. Greenwich umid the cheers of balance, so how could he be actingper cent. dividend, and submitted

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