1939-11-13 — Page 25

Monday,

HONGKONG TELEGRAPH

Full Court Appeal Against Chief Justice's Decision

November 13, 1939.

NEW POINTS AGAINST CHINESE

GOVT.'S WINDING-UP

THAT the Chungking Government had no jurisdiction over territories occupied by the Japanese was one of the interesting points raised at the hearing of an appeal before the Full Court this morning.

The appeal was brought by some of the shareholders of the Ching Kee Steam Navigation Co., Ltd. and was against a decision of the Chief Justice, Sir Atholl MacGregor ordering the Hongkong branch to be wound up.

The Chief Justice's decision was made following a petition by the Shiang Kee, otherwise known as the China Merchants' Steam Navigation Co, Ltd, one of the shareholders.

Mr. H. G. Sheldon, K.C., and the order because of the facts shown in Hon. Mr. Leo D'Almoda, Jar, in- the affidavits, structed by Mr. H. J. Anıstrong, of Mr. Sheldon then referred to tho Deacons, represent the appellants affidavit filed by Mr. Matsumoto, a who are: Hru. Chin-tang (4,394 Japanese lawyer who was present in shares), Hsu Teh-yen (3,755), Cheng Court, on behalf of the appellants, Teh-chun (2,002), Kao Yung-tong which stated that the Hongkong office (2,044), Kao Cheng-chong (1,384), of the Company had not ceased to Yu Weh-ting (1,420), Yu Wel-fan curry business, that the agency (1,000), Li Yu-halang (70), Cheng had been taken over by the D.K.K, Pen-ching (0,377), Cheng Chung-yu that the branches elsewhere in China

· (6,176). Chang Chi-yu (0,623), were still carrying on, and that the Chang Pen-fah (5,129), Chang Hsin-ships were still Aying the Chinese teh (4,830), Chang Ming-teh (4,500) flog, and the Dalren Kishen Kalaha, who He also argued in the preliminary are creditors to the amount of proceedings that the order of the $47,157.32. All of them

Court in Chungking ngainst a Com- Dairen.

pany with headquarters in Chef?, Mr. Eldon Potter, KC, and Mr. which is occupied by the Japanese, H. C. Macnamara, Instructed by Mr. was murgatory and asked what the D. L. Strellett, of Geo, K. Hall Brut-poslilun of the British Court would ton and Co., are for the Shiang Kee,be if it followed an order of a foreign the respondents,

Court after it had been proved that The appeal is being heard by Mr. that order was ineffective? Justice R. E. Lindsell and Mr. Justice To this J. A. Fraser.

Lin

said: "The Com-

are ok

its discretion whether to grant leave or not, as was done in the House of Lords.

No jurisdiction, Claimed Mr. Justice Lindsell said that Polter replied that would mean a waste of time, but Mr. procedura in the

that was the House of Lords. to

The Court eventually agreed follow this method.

ORDER

Playing Fool With

Court Says Magistrate

The excuse that he was ill at the time and could not attend the Compulsory Service Tribunal on August 28 was put for- ward by Robert Archibald Boyd, when he appeared before Mr. R. Forrest at the Central Magistracy this morning, summoned for falling to comply with an order to attend.

Mr. Forrest-remarked that Boyd appeared to have been playing the fool with the Court, and pointed out that ho had repeatedly failed to appear to answer the summons.

Boyd, denied this and said he had been sick. He added that his mother and nunt could testify on his behalf.

An adjournment was ordered until 11 am, on Thursday, ball of $10 being allowed.

News."

MANY JAPANESE DRIVES REPULSED

Berlin Flight

argument was that from the point Continuing, Mr. Sheldon sald, his

Chungking Court was without juris of view of International low, the diction. It had been argued that

FOLLOWING a lull, fighting on the Hungtung-Tunliu hirkway in south-east Blensi has been resumed as some 400 Japanese at Kuhsien, and Japan and at the time of the during the hostiles between Chinn covered by an ariilety barrage, launched an attack on Chinese positions at Cuchengchen over the week-end.- winding up order by the Chungking The Japanese force encountered: Court, Japan was in occupation of stiff Chinese resistance and sustained! certain parts Chefoo, the headquarters of the heavy losses, necarding lo

of China, including

"Central Company. Chief Justice in his judgment: "Asments and the support of aeroplanes, Reference to this was made by the Later, with the arrival of reinforce-

R.A.F. Man Describes of these hostilities the they attacked with greater ferocity. result nk argument, the Chief Justice Japanese are in effective occupation The Chinese were forced to withdrawi

Warm Reception of Chefoo and the adjacent country, to a new defence line. his judgin the jurisdiction of Repubile of China. The elect of and of all the maritime coast of the

LONDON, Nov. 12 (Reuter). The Winding-Up Petition this Court substantiat assets and

Shansi Drives Repulsed Discussing recent flights over Mr. Sheldon. opened his case by has no!

Proclamations of the Imperial Jap- been

en suggested that any es reading out the winding-up petition, order which I make will not be im

anese Government published

From Shansi it is reported that re-Germany, an R.A.F. pilot says. part of which stated:

drives that it was mostly blind flying, mediately effective ro far as these August and September 1937 is that pented westward Japanese "The Company owns 20 steamshipalassets are concerned,

chicas ing to trade in Chincie lankow on the south back of the ran that when his plane swooped 11 Is Impossible for ships under the from Tsienkiang. 05 miles

above but navigation was so accurate of which six-the Sheng Lee, Mao that certain foreign nationals are in water willout being subject to im-River, during the week-end were Lee, An Lee, Feng Lee, Eng Lee and contempt of an order of a competent mediate seizure by the naval forces beaten back by effective guerilla am-down they were right Hsin Lee-are now, and have been court is no reason why I should dis- for about 10 months, lying in the regard that order or fall to treat it

Berlin, waters of this Colony.

with proper respect"

pany has

The fact

was

of

bushes,

bridges.

over

Chinese sappers have thoroughly de-picked it up and the machine was On the Hankow-Ichang highway, As the plane dived, searchlights strayed a section of the road near "plastered" by every gun the Ger-

of mans could bring to bear. ukiangal and a large number" Fighting has also been in progress north-east of Hangchow in northern Cheking in the past few days.

Some 500 Japanese at Kashing, on

ever, as not one shot. went home,

The aim was poor or shaken, how-

Japon."

the grounds for the appeal. One went on Mr. Sheidon, was that the "Since the outbreak of hostilities

To Advance Now Agreement

Company was established at Chefco between China and Japan in 1937, the business of the Company In

"That was not," went on Counsel, and application for its dissolution Hongkong has practically ceased and my argument. Even though the should have come under the district the said six vessels have remained order made by the Chungking Court Courts there and not at Chungking. in Hongkong.

I was not disputed it and no Tesult which, had no jurisdiction. the middle of January this whatever, and my submission

"The order," he said, "was made "Since year the officers of the Company that this Court, although anxious to against a Chinese company situated in formerly in charge of the business pay respects to a foreign Court, is territories occupied by Japan, and I in Hongkong have ceased to control not entitled to follow that decree submit that in a case where the terri- the Shangbul Hangehow Rallway near

Allies' Reply Is Considered Its affair, nor have they, so for as merely because it had been made by tory is occupied by a hostile power the Kiangsu border, launched an at- the petitioners are able to octong proved that that order was entirely errory are the courts of the con- long battle, the Jupunese were re-the British and French replies to the foreign court it in fact it was the Courts wielding jurisdiction over tock on Chinese positions at Fuyuan AMSTERDAM, Nov. 12 (Reuter) persons or things in that occupied Inst Wednesday. Following a day-Within two hours of the receipt of altended at the offices in Hongkong or opened any other place of busi nurgatory..

queror and not the courts of the dis- pulsed with many casualties, "That argument of

peace initiative of Queen Wilhelmina course pro-possessed sovereign state."

On the same day, the Japanese and King Leopold, consultations were based at Chungich, Islebkino, Slashih held here and Wangtlen, south of Kashing, com- Ministers of the two countries.

between the Foreign menced a drive on the Chinese post- tlons nearby in two columns.

Bilter combats are reported to be still in progress.

ness.

Toxt-Books Cited

Shantung Battle

left Brussels on receipt of a telephone The Foreign Minister of Belgium coli and is expected to go to The Hague for an audience with Queen Wilhelmina.

"Towards the beginning of the ceeded on the basis that the order of month of February, 1930, the Dalren, the Chungking Court was an order Kishen Kalshu, a Japanese concern made by a Court of competent juris-

Counsel then elted the views of with a branch office in Hongkong, diction; but I will now seek leave to three text-book writers on this point, claimed to have received authority argue a further point of law, and that some of which were that on occupy- from the Company to take possession is that from the view of international ing a territory the invader at once of and control the movements of the law an order of the Chungking Court invested himself with absolute and ships, and, as representatives of, was not an order by

court of com authority; an invader could deal the Company, applied to the Harbour petent jurisdiction. This is 弱 new freely with the inhabitants occupying From an undisclosed pluce in West Master for clearances in respect of point which I shall argue, provided the territory which he conquered Shantung, it is reported that about 300 the Mao Lee and An Lee. As a re-lof course your Lordships allow me the jurisdiction of the civil authorities Japanese troops, driving towards Japanese forces were surrounded by suit of certain proceedings before the leave to do so."

was suspended so soon as the occupa- Chinese positions near Lintain were the Chinese nt Hachlamiso and nearly Court, clearance of the said two

Mr. Potter pointed that the proce-

tion by an invader took place: poli-defented with heavy losses ú few annihilated. The ships was ordered to be stopped.

dure was for the point to be arguedtirol laws as a general rule were sus- days ago.

remaining troops "The petitioners are shareholders first and then for the Court to use

suffered severe losses when they were PLEASE Turn To Page 2.

It is claimed that part of the ambushed in their retreat, in the Company, holding 1,500 shares of $50 each, fully paid up. On their petition-nz-order-was-made by the District Court of Chungking on February 21, 1839, that the Company be wound up and that Junke Choy, Ting Z. Chang and Yuen-wu Wong, be appointed liquidators. The Din trict Court at Chungking is a Court to order of competent jurisdiction the winding up of the Company, the sald Court having derived special Jurisdiction for that purpose in February 20, 1939.

"The

Ceased Business

Company is indebted to:

CHURCHILL CONFIRMS AXIS SPLIT

IN

BRILLIANT BROADCAST

SPEECH

LONDON, Nov. 12 (Reuter).-"We take had shot down 15 German overseas "America makes no secret of her blood-curdling threats as a sign of our foes' raiders without losing one machine sympathies.

in combat. various porna in Hongkong It has weakness," exclaimed Mr. Winston Churchill,We have a marked advantage in

Even In Germany... ecased to carry on business in the First Lord of the Admiralty in

the higher range of science applied a broadcast to war, and this is improving weekly: aloof from

"Even in Germany, millions stand Colony and can only carry busi-

"If we pass the winter without any criminnility and corruption of

the seething muss ot large important event, we shall have Nazi machine.

ness in Ching for the purpose of to-day.

winding up affairs. Furthermore,

in view of the existence of Sino-

the

He said: "We don't make threats in wartime. If gained the first campaign of the war,

and we shall be able to set about the "Let them take courage amid per- 10 carry on business would either We have ideas of an offensive character, we shouldn't task in the Spring for stronger than plexilles and perils, for it may be

Japanese hostilities, for the Compuny

by this Court."

of competent jurisdiction In

This Huns.

Air our

"Time is on our side.

1

Churchill's Conviction

Listing the important events which had moved in our favour since the beginning of war, Mr. Churchill sold peace, and that no quarrel had that Italy had adopted a wire policy developed between us and Japan,

These two great Powers which Joined Germany in the anti- Comintern Pact found diiculty in accommodating themselves to tho change of front towards Bolshevism which Hitler and his bad adviser, Ribbentrop-those marvellous twin contortionists--had perpetrated.

involve it in a breach of the laws of talk about them, but try lain although they had always been back in oil and other war essentials, domination will pave the way to a before, and Germany will be falling that the final extinction of baleful China with regard to trading with on

personal friends, but Mr. Chamber- enemy or result in the seizure of its them in action.

"If violent and dire events occur broader soifdarity of all men in lain was a man of very tough fibre

ali funds than we could ever have ships by hostile forces in the cir

"We don't under-rate the and was going to fight as obstinately we shall meet them resolutely. cumstances it is just and equitable

Nazi Germany, barred from the planned if we had not marched to- and malignity of the for victory as he did for peace.

cast, turns a that the Company should be wound power

"Either all that Britain and France

force but rather eiher through fire," enemies. We are prepared to up

stand for in the modern world will go

prudent glaze upon the ancient "There is danger to the unsets, endure tribulation; in fact we down, or the Nazi regime and the

civilised and unoffending Dutch and Belgians -- principally the said steamships of the were prepared for it ten weeke recurring German of Prussian menace Company now lying in the waters of

In Europe will be broken and the British Flect. They recoil from "They have not chosen to molest Hongkong, unless a winding up order ago.

"We are for stronger than ten destroyed, and everybody had better is made and liquidators are appointed weeks ago and far better prepared to made up their minds to that solid, the steel front along the Maginot frontiers of Holland and Belgium, to The grounds for the petition, sald endure the worst malice of Hitler and sombre feet," continued Mr. Churchill Line, but their conscripts crowd the

If Words Could Kill

both of which they have given Mr. Potter, were:

solemn guarantees. We been д there has (i) That

Allies' Improved Position "The Nazis exude through neutral

"But no nobody belleves Hitler, we winding-up order made by a court

the "Our Navy is stronger, our anti-States and inside information of the must regard the situation there as

{frightful_vengeance they are going grave." country in which the company was U-bout forces

three times more

and they also a result of that numerous, incorporated, and,

Force much to wreak upon us, winding-up, the corporate powers of stronger, and our Army a growing bawl it around the world by the Company have been destroyed in and improving in training every day, leather-lunged propaganda machine. Mr. Churchill had lived through

"If words could kill, wo are dead

the early months of the last German "A long procession of important already.

"Nobody in the British Islce has war in the same position as now. fnct ceased to carry on business in events has moved in our favour since supposed that this is going to be a

Therefore he was very careful not the beginning of the war, affecting not (i) That it is just and equitable only German relations with Italy and short and easy war. Nothing has to say anything of an over-confident that the Company should be wound Japan, but what has happened in impressed me more than the calm, and unduly sanguine nuture, but he and businesslike resolution had the conviction that the evil man up. The substratum of the Company Turkey and Russin.

So now, the steady has gone. It is a shipping company, boastful, bullying Nazis are looking with which the masses and ordinary over there and his cluster of con- federates were sure of themselves and cannot carry on legitimate busi-hungelly for some small country in people have faced what they ha ness because of the risk of seizure the west to trample down and loot."agined would be the fearful storm as we were sure of ourselves. They of their vessels by onemy forces. The Mr. Churchill would not prophesy about to fall on them and their were harassed in their guilty souls only avenue of business open to the whether the frenzy of a cornered families. They have braced them- by the fear of the ever-approaching Company are either legal trading maniac would drive Hiller into the selves for the ordeal.” with the enemy or work extraneous worst of all his crimes, but the fate To the list of improvements in our to the true objects of the company of Holland and Belgium, like Poland, position in the past ten weeks already and panoplied gathering in Nazi such as the chartering of their Czecho-Slovakia and Austria would mentioned, Mr. Churchill said that Germany, they could not find a single vessels for use na hulks within this be decided by the victory of the the attacks: U-boats were now friendly eye.

"Tusala returns a finty stare. harbour.

British Empire and France.

controlled. They had paid a heavy toll.

averis her gaze. Italy

Japeti is pazzled and Nearly all German ocean-going"

thinks herself be- ships were rusting, while our world-

trayed. Turkey and the whole of Imam have. ranged themselves in- stinctively and decisively on the side of progress," continued Mr. Churchill.

the country of its origin;

(1)That, the Company has in

the Colony; and

Most Substantial Point

Counsel also read out the judgment i of the Chief Justice, which has: al ready been published, after which he said his drst and most substantial. point argued in the Court below was that, assuming. 'the order of the] Chungking Court ordering the wind- this Court should not follow such an

The Alternatives

"If we are conquered, all will be wide trade proceeded in 4,000 vessels enslaved and the United States will of which 2,500 werp constantly at

be left single-handed to guard the sea.

rights of man," Mr. Churchill watch.

"If we are not destroyed, all there:

Marked Advantages.

retribution for their crimes.

As they looked from the blatant]

The hundreds of millions in India

· countefer' will be restored to life," The superiority of our Air Force and China would regard with un- Mr. Churchill declared that he had over the enemy was proved both in disguised dread a Nazi triumph, well-, not always agreed willi Mr. Chamber-{ pilots and machines. Our aircraft, knowing what their fate would be.

SHIRL

at last in TECHNICOLORI

ITTLE PRINCESS

GREENE LOUISE JAN HUNTER · CESAR ROMERO ARTHUR TREACHER - MANY HASH STBIL JASON · MILES MANDER MARCIA MAX JONES Devoted by Walter Lang

LÃ 20th Century-Zak PlotámaĮ,

COMING SOON.

KING

NEW

PYJAMAS

We are great believers, in comfort where pyjamas are con- cerned. All

our styles are: generously cut to give a sense of easy freedom. Of this you are assured, whether your choice falls on the more subdued plain colours or our gayer stripes and check designs.

$9.50, $11.50, $13.50, $17,50

All Less 10% Cash Discount

MACKINTOSH'S LTD.

MEN'S WEAR

SPECIALISTS

ALL STEAMSHIP SAILING DATES AIR-LINE

DEPARTURES-

FARES

W

LATEST INFORMATION CENTRALISED

IN..

COOK'S

THROUGH WHOM IT COSTS

NO MORE TO BOOK. AND SAVES BOTH TIME AND TROUBLE

THOS. COOK & SON, LTD. Queen's Bldg.-Telephone 20524

$1 TIFFINS

at

Jimmy's

Also A China Bldg., Hongkong.

la Carte

No waiting for HOT WATER

now!

Hankow Rd., Kowloon.

With the installation of the VERITAS Sink Water Heater many of the delays previously caused by lack of HOT. WATER can now be eliminated. The Instantaneous supply of unlimited HOT WATER can how be, appreciated by EVERY HOUSEWIFE as this affec- tive Gas Water Heater

The VERITAS Instantaneous

Sink Water Heater.

VISIT YOUR GAS SHOWROOMS

CENTRAL SHOWROOM:

THE HONG KONG & CHINA GAS CO., LTD.

GLOUCESTER BUILDING Phono 24704, 246 NATHAN ROAD Phone 57341.

KOWLOON SHOWROOM:

COUNT THE ELEGRAPHS BONDEVERYWHERE

Page 25Page 26