1939-11-14 — Page 25

Tuesday,

Judgment Reserved In Appeals Court Case

HONGKONG TELEGRAPH

COUNSEL ON CHINA'S LEGAL SOVEREIGNTY

Reports From China War Front

Bitter Fighting Rages

Sharp fighting occurred in the Kongmoon sector last 'Saturday when 400 Japan- ese troops from the city invaded Wongchuen and Sheunglung.

Chinese troops stationed at these two points put up stiff resistance, Баун "Central News" message,

K

reported from Shensi that Chinese forces started a co-ordinated counter-offensive at Sinng- ning last Saturday evening. Intense-fighting is still rag: ing in the outskirts.

A number of strategic points around the town, including Shihlipu, Yochin-

Liuchiayuan yuan,

and Nanyuan have been recap. tured.

Japanese Surrounded Dislodged from their outer defences, the Japanese have withdrawn inside the walled city. A detachment

of them attempted to break through the Chinese cordon on Sunday night but was surrounded and sustained heavy losses.

Meanwhile other Chinese units have

commenced counter-attacks on New- wangmiao and Yitaltow, be- tween Slangning and Puh- sien.

On, the Changsha front, Chinese guerillas broke into Linsiang. 29 miles north- cast of Yoyang or the Canton-Hankow Railway, on the night of November 11. They set fire to the Japan- ese ammunition depot, and damaged railway, bridges and telephone wires.

re-

Other guerillas are ported to have had a chance encounter with a Japanese unit ni Watangpu; a poli i near Linsiang. The Japan. ese were defeated and re- -treated-to-Yanglowsze-and-

Yoyang.

SUBMISSIONS that the laws of a State which croated a company could also destroy it, even | though its headquarters were situated in territory now occupied by the enemy, and that a govern mont, not recognised as de facto, was nothing but a usurping government, were made by Mr. Eldon Potter, K.C., at the Full Court this morning, when hearing of the appeal brought by some of the contributory shareholders of the Ching Kee Steam Navigation Co., Ltd., was continued before Mr.

Justice R. E. Lindsell and Mr. Justice J. A. Frasor.

November 14, 1939.

Several Women Victims Of Handbag Snatchers

Several women residents were victims of handbag snatchers in the Colony's streets yesterday.

Mrs. Blakeney, of 30 Wyndham Street, was walking in Tin Lok Lane, Wanchai, when a man snatched her handbag, containing money and articles to the value of $47.

Miss C. E. Remedios, of 589 Nathan Road, suffered a similar fate in Nathan Road near Man Ming Lane. Her handbag contained articles to the value of $29.

Mrs. Lee of 779 Nathan Road, was robbed of her hand- bag and contents valued at $52 in Shanghai Street near Mong- kok Road.

"Be It Ever So Humblo—But It Is Doubtful Whothor-

"Under The Staircase At 44 Tai Nam St.'

Can Be Called Home

The appeal, which is against, still recognised, and though as a fact A decision of the Chief there is complete occupation of that Justice, Sir Atholl MacGregor, unhappy country both by Germany ordering the Hongkong branch and Bussiu, that does not mean that any British Court would recognise of the Company to be that the de facto government of wound up, is brought by: Poland is Germany in one case and Hsu Chin-tang (4,304 shares), Hsu Russia the other. No doubt, the Teh-yen (3,754), Cheng Teh-chun power of the sovereign in Poland (2,502). Kao Yung-tong (2,044), Kao would be suspended because it is not Cheng-chang (1,584). Yu Wch-ting a position to effectively enforce (1,420), Yu Wel-fan (1,000), Li Yu-laws, but that is totally different with

position stang (70), Cheng Pen-ching (6,377), China as she is still in Cheng Chung-yu (0,170), Chang Chi-do so. Unless your Lordships come yu (5,023), Chang Pen-fal (5,420), to the conclusion that there B at-possession of a ward, Chang Ikin-tch (4,036), Chang Ming- other effective governing body in teh (4,500) and the Dhiren Kishen control of the Shantung Pro- Kaisha, who are creditors to the amount of $47,157.32. All of them are of Dairen.

vince

to

A STORY revealing the terrible poverty existing in Hongkong was told in the Kowloon Magistracy this morning, when a widow, Pun Ho, 45, whose address was given as "under the staircase of No. 44 Tai Nam Street, Shamthuipo," appeared before Mr. Mac. fadyen on a charge of failing to give notice to the Authoritica of

Mr. Justice Fraser: You have no Munich Plót Sequel abjection if we make inquirles that?

AS

Mr. H. G. Sheldon, x.c., and the Hon. Mr. Leo D'Almacta, Jnr.. Mr. Poller: Certainly not. It is instructed by Mr. H. J. Armstrong, military occupation and no more, but of Deacons, are for the appellants. will welcome any application your Mr. Potter and Mr. H. C. Macnamara, Lordship may choose to make to the instructed by Mr. D. L. Strellett, of Colonial Secretary and the question Geo. K. Itall Brutton and Co., will be this: What Government is represent the Shlang Kee, otherwhe recognised by Ilis Majesty the King known as the China Merchants Steamus the sovereign power in China?, I Navigation Co., Ltd., one of the share-have not the slightest objection to holders and on whose pelilion the that inquiry being made. The only winding-up order was made.

could do it.

Gestapo Now Arresting

Each Other

LONDON, Nov. 13 (Reuter).] government recognised is the. Re-Reports from neutral sources

public of China.

Mr. Justice Lindsell I think you took my brother too seriously.

indicate that the Gestapo is! maintaining its mass arrests following the Munich bombing.

The Gestapo seems to be using the bombing as an excuse to arrest Ger- mans with properly and those who might be potential dangers to the Nazis,

The Gestapo claims to have traced portions of the bomb mechanism to two firms which manufacture such clockwerk,

Arguments Continued. Continuing his arguments from the previous henring. Mr. Potter sub-

"Only China's Laws Apply'' mitted that according to the interna- Tional law text-books it was clear Mr. Potter: I um sorry, I do not at military occupailon could not wish to take it too seriously but it imper the sovereignty of the State is a serious matter. I think it is of which was invaded, although redress vital importance not only to this nght be temporarily postponed. The company but also on the position in law of the State which created the international law. corporation could also annul it. If, Counsel then went on to submit this could not be done in Chefeo, that the only laws to apply in a cuse where the headquarters of the com-like this were those of China, be-

y were situated, there were other cause it was the only recognised According to the German "Free courts in the repubile of China which government in China, and the laws dom" station, however, the Gestapo

were not abrogated by hostlletselt is far from comfortable. "We_are_fuld." went on Counsel, occupation. The appellants might that the law of Ching no longer ray

they did not question the governs this company, but huve we sovereignty of China, but this they en told what other law covers it could not do because the only law beyond the statement of the law of which could wind up a company was the conqueror? One of the dimeuitics that of the sovereign State. which this Court will have

It could not be suggested that mere that there is not a scintilla of evidence hostile occupation could affect the of another competent court of law,

nostics so that the Ching Kee be- law in any shape or form and short of recognition it was nothing but a came an alien enemy according 10 usurping government so far as the the law of China of which we have Court was concerned, no evidence at all, then it will be- come obvious that it is an impossible. argument to say that the Chinesenised as the de facto and de jure Government, which brought it into government in China was the Re-down above the Chancellery when it existence, could-not-put-an-end-in public of China and therefore the it. Mere occupation does not turn Company was governed by its laws the company into an allen enemy.

Shantung's Status

face ly

The Government which was recog-

It had been argued that in this case the Republic of China had. no jurisdiction because the company's headquarters were in Chefeo, which was occupied by the enemy." This argument was entirely fallacious, the fallacy being that it could not be I challenge absolutely. I submit that attributed to an Invader the effect of

the de facto government.

"Another argument put forward by the other side is that the sovereignty of China, so far as the Shunting Province is concerned, is gone. That

company is is fullows: This is a

There was

Costapo Men Arrested

Members of the Gestapo, reports the station, are accusing one another} of complicity and several Gestapo-| mcn have been

Оде arrested, exactly like that which pre- Gestapoman is reported as saying: vailed on the eve of the blood purge of June, 1934."

AIL Information about Hitler's: movements are now kept secret.

For instance, his personal flag way was known for a fact that he was in Munich-at-the-time,

Defendant said she did not know the regulations.

Mr. H. W. Fraser, Secretariat for Chinese Affairs, sald the mother. of the child was sent. to' the S.C.A., by the Water Police on November 10 after having tried to commit suicide on November 5 by jumping from the ferry Man Chi. From enquiries made, it

it was found that

she had given defendant her two months' old child for 20 cents lucky money. The child's father was a walter, and earned very le money.

Has Three Grown Sons Defendant has been living in Hong- kong for 20 years, and has three sons, 23, 26 and 27, but their present whereabouts are unknown. She has been living under the staircase most of this year, as she was unable to pay rent, said Mr. Fraser..

Defendent said she was looking

after the baby temporarily while its other looked for work, but later admitted she had originally taken the child as on adopted daughter,

Defendant WARS reminded until to-morrow on bail of $10.

Contraband Control Improvement

Delay To Ships Is Decreasing

LONDON, Nov. 13 (British Wire- Insa).—It...Wasatated in London_to- day that delay to ships at British Contraband Control bases is steadily decreasing.

Sarcastic B.B.C. Commentary LONDON, Nov. 13 (Retuer). In a talk from Daventry to-night, a

Naturally there are now fewer ships British journalist who had been in Germany for the past 10 years, carrying cargoes loaded before the

war, and shipping of all kinds spoke about the Munich bombing.

The German propaganda machine, responding to advice to send advance he said, is trying to trace some manifesta to the Ministry of Economic connection between Mr. Chamber Warfare.

Robbery Plot Nipped In The Bud Bud Police Break Upublic of China could also manui its Government which His Majesty re-appointment at the failure of the

Gang In Divan

the true position with regard to the only one law which controlled the lain's gout and the bombing-al- Where this procedure is followed to check the company incorporated by the law of Empany and that was the law under though whether the gout was brought it is only necessary

which it was Incorporated, Theon by excitement while awalling the cargo against the manifest, and often China and not incorporated in Che- foo, and that this being so the Re-Court was bound by the acts of the result of the wicked plot or dis- the delay is no longer than one day.

creation.

I don't care where its cognised as de facto. headquarters are, and nothing can!

ment.

Throc Chief Grounds

British Secret Service Hitler is not made clear.

But neither Jews, Catholics, Mon-

archials or Communists all of whom

..

nt

the

Little Foodstuff Seized to "get"

The difference between absolute

deprive that right of China except! Proceeding Mr. Potter said: Your

The Nazi propaganda machine also and conditional contraband has al- because a great the creation, either by insurrection Lordships know that we had three

compares Henry Il's "Will none rit most disappeared With the idea of coming to of the inhabitants or conquest by an grounds on which we relied when we

me of this fellow?" which resulted many materials can be used either In the death hundreds of years ago

for military or civil purposes Hongkong to find a suitable invader, of a new State which is made the appileation for this wind- of Thomas a'Beckett, with Mr. option. For instance, during place to commit an armed rob-cognised by His Majesty's Governing up order. The first was that a Chamberlain's "We must get rid of last war when milk was scarcely in- bery, four men were arrested in

winding up order had been made by Hitlerism, which, it is suggested, set ferfered with, German children were "If that is not the true position, a court of competent jurisdiction in an opium divan as a result of then you will find yourselves in this Ching and that having been made,

off his faithful agents, to start the deprived of milk in order to provide bomb outrage.

the German army with nitroglycerine. extraordinary positiunt Although the power of this company ecased information received, and charg-His Majesty's Government refused to and therefore, is a matter of course

But They Don't Believe It

In fact, up to the end of October, only 10.8 per cent, of seized cargoes ed this morning before Mr.recognise the existence of a certain the branch in Hongkong must be

It is very obvious that the Nazis were foodstuffs, and these consisted Himsworth at the Kowloon #overnment, yet the 'Court, despite wound up. The second point was

do not believe in this themselves by mainly of fats and

other edibles that, would be prepared to recognise that in fäet it has ceased to carry on

the way they are carrying out mass easily convertible Info speciacally Magistracy with conspiracy to that Government as being the effec-business in the Colony, and thirdly

arrests of Germans.

military materials. commit armed robbery.

tive government, and whose inws that it is just and equitable for the control individuals and corporations reasons given to say that it cannot in certain territories. Such a state carry on business because the sub of affairs is impossible. The deter- stratum of the company has gone,

After elting authorities, Mr. Potter mining factor in every case is re- cognition by His Majesty."

submitted that it was impossible for After quoting authorities in supa branch to carry on where the com-

been wound Pleading guilty to the charge, the port of his contention that the will pany itself had

authority which There was, he said, not a single defendants were each sentenced to of the sovereign

created the company could also des-authority in the books where the six months' hard labour.

troy it, Counsel asked: "What was parent branch had been dissolved The first and second defendants the sovereign authority in all mate- and a branch existed. were remanded a week when charges rlal times as far as this company is On the point that the company had of possession of two revolvers and concerned? The answer is that it is censed to carry on business in nine rounds of ammunition will be the sovereign recognised by His Colony, Mr. Pater sald: The proved Gestapo self. preferred against them.

Majcaly the King, and therefore you position is this: that in fact no vessel flying the Chinese flag can leave the must take judicial notice of the harbour of Hongkong without risk of and even then when they came to public of China without exception]

vessels of the pay for this there whatsoever. If that position is chni- conscatlan by the lenged, the way to ascertain the an- Imperial Japanese Navy, Any ship receive the money. Under such clr swer is by application to the Secre-ying the Chinese flag is liable to be, cumstances why should not the judge

Affairs seized, Lory of State for Foreign

The men were Au Kan-lin, 35, Chan Hing, 44, Char Mung, 23, and Chan Kuen, 29, all of whom are natives of Un Lonit.

THREE GERMANS

(Continued from Page 4

shop

1

Noutrals Suffer

might have justiflention for bitter

Ultimate decision whether cargo is contraband resis

Prize with the feelings against Hitler and his cohorts

would have perpetrated such an Court which to not subject to execu- outrage.

tiva control, but administers Ühe well- On the other hand, it might have known rules of International Law.

Holland UP been perpetrated by those Nazis who

and Beiglum suffered re malcontents, or who find them-acutely from the shipping delay selves unable to reconcile themselves the early days of the war because with tie poct with, Moscow,

their seaports were natural gateways

It is also suggested that it was to Germany. But delays are the 4 second "Reichstag fire," that is, very considerably less.

that it wan perpetrated by The

In

now

LONDON, Nov. 14 (Reuter) Air former Governor Marshal Sir Robert Brooke-Popham, of Kenya Colony, was nobody to has arrived in Montreal to take up important dulles in connection with the Empire Air Training Scheme.

Upset Stomach Quickly Put Right

And as a fact that this company has through the Colonial Secrelary. Once "Nothing But Empty Shell" ecased to do business? He could not selves from the police. The

he said he recommised the Chinese "In addition we have the admitted bringing into the picture anything do otherwise, my Lords. That is not was wrecked in the proCCBS.

Government, that is decisive so for fact that the whole of the staff of about China," And the Great German wept over as this Court is concerned, other this company has left. At the omce After Mr. Sheldon had replied the ruin. Yes, I saw him, myself, wise you will have this impossible there is nothing more than an empty briefly, judgment was reserved. blubbering like a great big child over position: Your Lordships recornis- sheil. Even the man who went there his disordered armaments. And heing one government and our authorl to serve the process had to leave it

Gestapo Report

Stomach disturbances such as digestive whined about his lostus.

ties another."

table. The company, In fact, LONDON, Nov. 14 (Ñeuter),—It is [pain, gestrila, wind, heart-burn, and In the Germany of to-day the Great

Poland's Plight Cited has ceased to do business. There is reported from Berlin that the Cestapo Leeting of revolt, are invarinbly the result

nobody there.

has presented a full report on their "acid formation" which, as a rule, Rets worso and worse and may ultimately German dominates. He will talk big

Continuing, Counsel said mention

"It was only on February 1, 1930, | investigations Into the Munich bomb lead to merlous ulcers. By counter- and act ruthlessly and has completely het been made of Poland by Mr. that the D.K.K, came into existence. explosion to the Minister of Justice, acting execas seld and preventing fl dominated the Simple German and Sheldon, who stated that the German For a considerable period, in fact The "Paris Solr says that for the nesta quickly puts right an upset

formation, DIBMAG 'Misurated"• Map the Mystic German. But when the occupation of that country had been from the beginning of hostilities, this first time the German Pellee have stemects, pain, disappears instantly, fer- time comes for his beautiful armas refused recognition. "Does he sug- branch had done no business at all. I found themselves faced by an opposi-mentation and wind are bathed and ment shop to be wrecked he will gest for a moment that at the present in these circumstances why is Loration to the regime which is ready to soling eller supersedes uncomfortaba whine and whine. And no doubt time, the British Court could

Disturbance. the Simple German and the Mystic cognise the German Government, as wind up the company I cannot see.

*C={ship should not have jurisdletion to strike, and they are now engaged in stomach trouble with DraMAG (Disurat- arresting anyone who might De led Alagnanta)—you can do the, pamat German will pay, for hir losses.. being the de facto government of The only business done was to regarded as in the least potentially day and always see the oval sign on Ark for DISMAJ" powder or tablets to- Poland? The Polish Government is hire one of the vessels as a hulk, dangerous,

ovory pack.

Miller Watson

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