1940-07-29 — Page 21

Hongkong Telegraph 港電新報 士蔑新聞 All

LEGAL DISPUTE OVER FAMILY PROPERTY Unusual Case Comes Before The Chief Justice

Properties that have been in a Chinese family for a hundred years formed the subject of an action heard by His Honour the Chief Justice, Sir Atholl MacGregor, at the Supreme Court this morning.

Plaintiffs are Chan Hon, Chan Kwelp allas Chan Wal-ping, Chan and Chan Too-man Shiek altas Chan Sul-lun allas Chan Tse-leung. Defendant in Chan Shan alfar Chun Wai-tong..

The summons instituted a for an order concerning the registration In the Land Office of n fix Pendens re- Histered by the plaintifs in 0.5. Action No. 91 of 1039 against Stanley Lo 1238 and 1239.

Four truck

Big Japanese Air Raid

128 Planes Attack Wanhsion

HONGKONG TELEGRAPH

Monday,

POSTPONED INVASION

Reich Badly Hit By

R.A.F. Activities

SPECIAL TO THE "TELEGRAPH" LONDON, July 28 (UP).— The British air raids on Germany enil the extended communica- Lions in Holland, Belgium and occupled France, are credited with being partly responsible for delaying the onslaught against Britain.

For the period from April 10 until June 17 when the Germans reached Paris, 101 raids have been carried out on German industrial centres and 220 attacks on nerodromes..

Blitzkrieg:

New Threat

SPECIAL TO THE "TELEGRAPH"

ISTANBUL, July 28, (UP). Diplomatic quar- tera here to-day said. that they understand the Ger- man blitzkreig against England will start in the near future although they. were unable to set exact date.

an

They also said that they expect a drive against the Suez Canal at the same time.

CHUNGKING, July 28 (UP)-One bases as well as ull depots, munitions U. S.

of the largest feels of Jamese bombers to take to the air raided Wanhalen, the prosperous Yanise One hundred and twenty-eight planes participated in the rald.

German naval units at Wilhelms- haven, Emden, and other works, dockyards, aeroplane factories and power plants have been the favourite objectives of British day and night raids in which least 130

OF

July 29, 1940.

NON-STOP FLIGHT

First Europe-Pacific Aftempt By Soviets

SPECIAL TO THE "YCLEÒRAPH"

July 29th

5

to-

August 3rd

MOSCOW, July 29 (UP) SPECIAL OFFER of

For the first time in history, an attempt being made to fly non- stop from Europe to the shores of the Pacific and back again.

Three Soviet women, Captain Maria Nesterenko, Captain Maria Mihalova and Senior Lieut. Nina Buinkovn, took off from Lwow, in Russian- 8 o'clock this cccupied Poland, at

Khabarovsk, in Russia's

morning for

Far East territory.

14,000-Miles Flight

They will turn back from Kha- will barovsk without landing and

REPORT tempt to flying back to Lwow non-

CHINA

The issues to be tried are (1) Are city below Chungering, during to-dity. British bombers have been employed. PEACE MOVE

|

the protecties known and registered in the Land Ofice Ching Sheung" properties of the Chan family: (2) Only meagre reports of the damage Was the sole of these properties by and loss of life have been received, Chan Sham as Administrator of the but early messages indicate that the Estate to Chan Hip-lec alias Chan Japanese mercilessly bombed the city, Hip-man, deceased, to Lo Leung atlas showing no discrimination in their La Tae-leg registered in the Land targets, Office by Memorial No. 101, 227, on 13, 1939 a a sale to and purchase!

April

properties

were

Nanchuan, 50 infles south-enst of

General Raids

NEW YORK, July 28 (Domei). section of the Chinese

England Can Hold Out LONDON, July 28 (UP)"It is certain that I this country holds outA for a few months more the British world, efforts, with American industry added

will save the to our own, writes J. L. Garvin in the 'Sunday Observer.

"No declaration of war by the United States is necessary. What is wanted

is that giant Ast of American production which, added to our own Turmidable output, will shafter the of the Nazi A JAPANESE AIR BASE, July 20magined omnipotence (Domel)-Japanese air raids on Free machine and destroy its air power." China were general during the week the writer added.

SPECIAL TO THE "TELEGRÅRH"

by Lo Leting without notice that the Chungking, was also raided.

"Ching Sheung" properties; (3) Is the end sale bind- ing up on the plaintiffs as members of the Chian family and (4) If the sale not binding upon plaitiffs, has Lo Leung and Chal Wang a charge upon the assets in the hands of the De-end. fendant of the estate of Chi Hip- A Japanese army unit launched a Ice including Stanley Lots N, 1238 surprise rald on Hochih, in northern and 1230 for the purchase price paid | Kwangai, on Sunday, to the defendant by La- Leung and Deposit paid by Chal Wing to Le Leung and also for any costs, charges. expenses and damages paid and/or suffered by Lo Leung and Chai Wang respectively or either of them.

The planes bombeil and set Bre to about thirty military trucks, according to Japanese version of the raid.

the

A third rald in three days was lunched against Kweiyang, in cen- l the Japaneer tral Kweichow ciaim that a number of buildings were destroyed in and around the city.

The Hon. Mr. Leo d'Almada Jur.. Instructed by Mr. M. A. da Silva re-

Meifang 30 miles south of Non- F. 10 presented plaintiffs, Mr. T. instructed by Mr. B. C. Hobbs, acted chang was bombed by naval aircraft. for Chan Shun, and Mr. H. W. Lee, Ceneiderable Chinese forces are ap- antructed by Mr. F. Zimmern, apparently operating in this area as the prared on behalf of the purchaser Japanese communique reports that Chai Wang, Le Leung was not legally air, altacks have been launched on Chinese concentrations for several represented.

Plaintiffs' Caso

days past,

The Japanese report refers briefly the beavy air attacks yesterday on Wantsion and Nancharan,"

Mr. d'Almada said the dispute into this matter was in reality a fully dispute to some extent and arose from the estate of a man who died in 1880. The dispute concerned certain properties which the Administrator, Chan Shum, sold

feeling between different members of the family. This was not so. Ils purported to clients were bona fides in this matter have sold to o Leung who in turn and were all anxious to recover the sold to Chai Wang.

property. This morning

Plaintiffs' case was that this pro perty was ancestral, property set aside for ancestral worship and could not be sold but by the family.

d'Almada said that Mr.

the

|

Petain Wants Paris Back

But Nazi Obstacles

possibility of concluding peace government is examining the with Japan under the best con- ditions obtainable, according to

report from a "New York Times" correspondent at the Chinese wartime capital.

A Chinese government official at Chungking, according to this Ameri- enn correspondent, has told him that never siner the outbreak of the cur- rent Sino-Japanese incident has the outlook for the future opprared so dark as it does now.

slop,

The total distance involved Is over 14,000 miles. The previous long- distance non-stop record was set by two Vickers Wellesley bombers which flew non-stop from Ismallin. Egypt, to Port Durwin, Australia in Novem- ber, 1938--a distance of 7.382 miles. The Russlan planes is named

"Ukraina".

At 5.32 p.m., it had reached Totshet, in Siberia. The pilots report that the fight is proceeding normally.

Support For War Effort

All-India Congress Ratifies Decision

The isolation of Chungking has POONA, July 28 (Reuter)--Alter been brought about not only by the eight hours of keen debate, the All- closure of the French Indo-China and India Congress ratified by 95 to 03 the Burma roads, but by the collapse votes, the resolution passed on July growing 7 by the Congress Working Com- of friendly France, the

and themittee at New Delhi. unreliability of Britain,

This rezolution envisaged Congress futility hoping that the United States will resort to measures against Japan, support for the war effort if Britain Are In The Way

provisional National Systematic large-scale Japanese constituted

bombardiments have swept Government as the first step to ue- erial MADRID, July 28 (Reuter).

away almost all the important cities cord india complete independence.

moved, Seven amendments were —Franco-German negotiations in the Chinese continent, saya the for the transfer of the French correspnodent, and the aggravated mostly by Socialists and Communista, economic conditions accompanied by the burden of which was that the re- Government to Paris are apering comentality prices have added solution represented a policy of

"Surrender to British Imperialism." parently not going too smoothly, te dimculties.

Four of these amendments says the Spanish news agency

withdrawn and three were over- correspondent at Vichy:

whelmingly rejected.

While earlier reports stated that everything was ready for the transfer, the correspondent says, "I do not see any very sure signs that the Germans desire to speed up the final change of residence of Marshal Petala and his helpers."

The correspondent adds: "The re offer moval of German troops from Paris had been made to the purchaser. is the sine qua non of Marshal Chal Wang for the re-purchase of Petain's return, but that would be de- the properly und, that offer would pendent on political considerations remain open for u Certain period. Which Petain That alier

excerde.! the original | fully.".. purchase pries by $700 and this extra sum went to show that the plaintifs were bona fide.

pro- perty concerned could be referred to as Nos. 7 and 8 Tytan Village, and this had been in the family for over hundred years. Plaintifrs evise was that Chinese custum as in 1843 should apply to this properly and! What the Chinere daw T'ai Ching Luki Lui. Dr. Kwok, a Chinese lawyer, and two village elders, would be law and called to prove what the custom was and to prove also what, un the penalty was for a breach of that

.custom.

Expert's Evidenco

Dr. Kwok Tin-ho then testified and

doy

must consteler

eare-

NAVY DAY IN RUSSIA

year a

st

Nevertheless, China's leaders are insisting upon the continuation of resistance against Japan, relying upon the aid of the Soviet Union and partly of aid from the United States.

Italy Accuses The French

"Non-Observance" Of Armistice

The despatch claim that the French' Authorities have not freed the Italians

of Italians... principally because of French hatred

ROME, July 20 (UP)The news- paper "Voce di Italia" is giving pro minence to a despatch from Paris accusing the French Government at Vichy of having forgotten the duties that the Tai Ching Luk Lai is

LONDON, July 28 (Reuter).-To-imposed by the Italo-French armistice law of the Ching Dynasty und

is Russian Navy Day, and and claiming that 20,000 Italians are that it prevailed in 1843. Tant Law was formed by customs in that

dat naval reviews were held at Kronst being held in French concentra-

Lon camps. stadt. Vladivostok and other navall Dusty and also by various ins

Die wases as well as al one of the recent- There was a provision in

In Latviu. thot dealt with the consequences of

ofly-sequired loses "Mr. d'Almida said that their case the surreptitious-sole-of-nestini Sole Pie muced by the Th expansion recently of the was that the requisite consent for the property and that provision applied Commissar of the Navy in a speech "All possible requests have been

reservert for ancestral sale of these properties was not ob-i to property

in which he revented that 11a new made to the Vichy Government and tained by Chan Sham and also that worship.

speaking of the punishment ships, both large and small, had the Armisuce Commission has urged the Chinese law and custom was ap-

been completed in 1938 and that this the liberation of the Italians, but the plicable here.

connected with the surreptitious sale

further 168 ships (an Increase requests and consequent pressure Referring to Lo Leung and Chat of ancestral property, Dr. Kwok said of 60 per cent.) will be completed.

have not yet received the desired Wang, Mr. d'Almada said they had that there was nothing mentioned in notice at the time they had entered the Tai Ching Luk Lai as regards will be completed this year as in

Four times as many submarines satisfaction," the newspaper says. into their respective agreement of legitimate way of selling these pro- 1930. purchase, that these were commonperties. According to the

laws of

Gigantic Demonstrations property, and he submitted that both the Chinn Dynasty, surreptitious sale Lo and Chai had actual notice of the of any property is prohibited. There SPECIAL TO THE "TELEGRAPH" existence of those rights in persons was no mention of any legitimate MOSCOW, July 29 (UP)-Navel other than Chan Sham, and that in sale but a proper sale would be une demonstrations on a gigantic seale the circumstances if they chose to where there was consent from all were held to-day in all harbours -make a purchase without making the branches of the familly, and only throughout Soviet Russia, including enquiries with that notice put on in

in the case of absolute necessity, the new bases in Finland, Latvin, them, they had to take the conse- The points concerning the sale of Estonia and Lithuania, in celebration quences thereof

ancestral property was well-known of the second annual Navy Day. throughout China.

Navy Day is aimed at making the Quentioned by Mr. Lo, Dr. Kwok Russians navy-conscious. Alternatively, continued Mr said that anything, appertaining to The press, claiming Soviet mastery !l calls Almuda, the plaintiffs said that if ancestral worshipping purpoaca was of the Baltic Sea (which Lo and Chal did not have any such known as "Ching Sheung," There "mare nostrum") boasts that Russia's were two ways of creating or estab-shores are now locked in steel and notice they were in any event

properties; concrete and are inaccessible to any affected by constructive noilee, this ishing "Ching Sheung" being the actual appearances of the (1) property left behind by an enemy.

Admiral Nikolai Kustensov, the two premises which would convey to ancestor and especially put aside for the average Chinese that they were worshipping purposes and (2) pro- Commissar for the Navy, has issued ancestral perty given or donated by a descen- an Order of the Day in which he temple and

dant for the purpose of ancestral states: "We have shattered all atl worship.

worshipping. The deânition of tempts by imperialistic-warmongers quoted as saying, "We must not be "Ching Sheung" confined to both the to attack our land and draw the property and its profits.

Alternative Plea

were

for

was

Mr. d'Almada said it may be sus gested in this case that this nothing but a family dispute and that it had arisen because of bad

HAMPION

NO

The case is proceeding.

CHAMPION SPARS

Bring SMOOTH MOTORING

If your engine is not pulling smoothly and evenly-be sure to check the spark plugs. Fouled and worn spark plugs may bo robbing you of the economy and pleasure of a smooth- running engine. Install new Champions for greatest speed and power, and for the real economy that only these sa- perior spark plugs can give.

Soviet Union into a bloody war,

"Not one enemy ship has entered our waters and not one enemy air- plane.dures to appear above our land. "Remember the capitalistic methods and be vigilant against any enemy provocation,"

Accused Discharged

Man's Defence Is Successful

Treachery In Air Ministry?

Air Ace Alleges Misappropriation

SPECIAL TO THE "TELEGRAPH".

GRENOBLE, July 20, (UP)-The well-known French military flier, Rene Fonck, in an interview with "Le Petit Parisien" to-day, said that large amounts of money appropriated for France's air defences were stolen with the result that France was no match for Germany in the air.

M. Fonck, who was credited with victories In World War, is

the

afraid 10 reveal that our aviation was robbed like our country was in inany other ways.

127

"Ninety-five per cent of the essen- titl posts in the Air Force were held by people who had no passion for aviation nor indispensable experi-

ence.

"One

doesn't know where the money disappeared and God only. knows what hole was crented in the Air Ministry budget.

"We will be frightened when We we know the true facts."

RUSSO-AFGHAN TRADE PACT MOSCOW, July 28 (Router).- Remanded from Friday for Police Signature of the Russo-Afghan trade Investigations, Chna Shun, 31, np-

"Tass" DD | agreement is revealed in a peared before Mr. H. G. Sheldon,

agency message from Kabul, which K.C., at Centrul Magistrocy th's

gives a comment on the agreement morning, when he was discharged. by the official Afghan newspaper,

Chou was alleged to have beans one

of

a gang of seven persons who stole 21 large fron girders, valued at $300, from the Royal Army Service Corps Camber last Wednesday,

Chou's defence was that he had

"islakh."

"Reuter learns that the agreement was actually signed at Kabul three or four days ago,

The "Islakh says that. It should lead to a considerable increase in

engaged the lorry to take the girders trade between the two countries and

to Stanley Street on the instructions help to strengthen their friendly re-

of a man named Leo Chan, Lee had

pald for the lorry, and he had re- ceived 20 cents

calling the lorry.

commission

for

The girders were recovered by the Folice in Stanley Street.

lations.

MOSCOW, July

28 (Reuter) → Forty German experia have arrived in. connection with the execution, of, the Soviet-German trade agreement.

were

Want Full Independence SPECIAL TO THE TELEGRAPH" POONA, July 29 (UP). The All-! India Congress Committee approved with an overwhelming majority--968 to 40 resolution emphasising that complete independence is the only: solutlun of the Indian situation,

The Congress, which voted to-day, offered the full co-operation of India in the war against Germany if in- dependence and a popular provisional national government is established in India.

Socialists and Communists opposed the motion.

Spain Seeking Empire?

Significant Posters Re-Appear

SPECIAL TO THE "TELEGRAPH" MADRID, July 28

(UP). The "Voz of Puebloan anonymous poster which has appeared regularly during the past few months-was pested the walls

on

of Madrid again lust night.

A central feature of the new poster is a map on which red arrows point from Spain to her former pos- sessions.

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One of the arrows traverses world to the Philippines Red cir- cles enclose Gibraltar, West Africa, Florida, Texas and North-western Mexico.

Above the map appears on ex- |cerpt from a recent speech by Franco, in which the Spanish dicta- tor said: "We have halted the fight, But we have not finished our under- taking. We have paused in firing. But the revolution is not yet over."

THE WAR FUND

A total of $1,209,046.50 was reuch- ed on Saturday by the War Fund in- augurated by the S. C. ML Post, Lid, with the following further subscrip-

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