1941-01-21 — Page 10

2

CLASSIFIED NEW ADVERTISEMENTS. ADVERTISEMENTS DUTIABLE COMMODITIES 25 words $2.50 for 3 days prepaid

FOR SALE. "HONGKONG AS REVEALED BY THE CAMERA" Second Edition. Over 00 excellent views of the Colony, Price $1.50. Obtainable at Kelly & Walsh, Ltd., or from the Publishers South China Morning Post, Ltd., Wyndham Street.

ORDINANCE

The attention of all persons or firms holding stocks of Hydro-) carbon Oils of any typo in the Colony is drawn to Government Notification No. A published under the Public Revenue Protec- tion Ordinance on January 16th, 1941.

The effect of this order is that any stocks held in the-Colony become Inble to duty and holders. of such stocks in amounts exceed-

Evacuation Testing 1,000 gallons are requested to

Case

FROM PAGE ONE

The plaintiff took out her writ two days later.

Counsel's 'Arguments Mr d'Almada's arguiment for the pininis falls conveniently under two heads:-

I.. So radica), so drastic an invasion of the liberties of the subject cannot be justled unless the statute by virtue of which action purports to be taken authorises such invasion in the clearest and most unequivocal terms. No such regulation has been made in England, and the considered view of the British government as expressed by the Lord Chancellor when dis

comparatively cussing

minor encroachment on the liberty of the subject, in that it would be Improper to make any such Inroads except by statute. If the regulations have any validity they must be limited in their application to persons temporarily resident in Hongkong, and cannot apply to persans domiciled here who, as Hongkong is their home, are part of the "realm" the protection of which Is the declared object of the Act. The

Catirte

are ever rightly jealous of the liberty of the subject, and will construe every statute, and, a fortiori. aubsidiary legislation in Invour of liberty; and-

II. The regulations complained of cannot on any reasonable construc- Hon be held to be reasonably neces sory for any of the purposes for which under the Act Defence Regulations may be made,

Authority Quoted

report the existence of theso atocks to mo. within 7 days.

E. W. HAMILTON, Superintendent of Imports and Exports.

18th January, 1941.

NOTICE

DEFENCE REGULATIONS 1940

Tuesday,

HONGKONG TELEGRAPH

January 21, 1941.

G. R.

G.

PARTICULARS & CONDITIONS PARTICULARS & CONDITIONS

of the Sale by Public Auction to bo hold on Monday, the 3rd day of February, 1941, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor of ono Lot of Crown Land at Island Rond, in the Colony of Hong Kong, for a term of 75 years, with the option of re- nowal at a Crown Rent to bo

xed by the Surveyor of His Majesty the KING, for one fur- ther term of 75 years.

of the Salo by Public Auction to bo hold on Monday, the 3rd day of February, 1941, at 3 p.D., at the Offices of the Public Works Department, by Order of His Excellency the Governor of one Lot of Crown Land at Castle Peal,In the Colony of Hong Kong, for a term of 75 years, commencing from 1st July, 1898, with the option of renewal at a Crown Rent to be fixed by the Surveyor of His Majesty the KING, for one fur- ther term of 24 years lesa the last three days thereof. Intending bidders are advised not the applicant) will be requiredal of the lot the Purchaser (f that immediately after the dispo- to depualt with an authorised not the applicant) will be required officer who will be present at the to deposit with an authorised salo, the sum of two hundred officer who will be present at the dollars, ($200) in cash. This sumsale, the sum of two hundred This sum will be refunded on payment of dollars, ($200) in cash.

will be refunded on payment of the Purchase price,

Intending bidders are advised that "Immediately after the dispo- sal of the lot the Purchaser (if

the Purchase price. The following rates will be PARTICULARS OF THE LOT. PARTICULARS OF THE LOT. charged for mailing single copies of .the following newspapers abroad:-

South China Morning Post China and Macro

16 cents per copy British Empire and Foreign 25 cents per copy

The Hongkong Talegraph China and Macao 14 cents per copy

10 cents Saturdays

British and Foreign

20 cents per copy

25 cents Saturdays.

to that immunity from development

Pural Bufiding

Lot No. 441.

Island Road, Bear

Stapley.

Tia of Sale

Registry No.

Locality

Boundary Measurements

N. B. F. W.

['cettrettres feet!

as per sale

plan.

Contents in

About

15,700

Ann. Rent.

Upset Price

No. of Sale.

Registry No.

Sust

agus Buld

No. 8.

Castle Peak..

Locality

Boundary 6țeasurements

X. H. TW.

ná per sald

plan.

R. CONVOYS

ESCORTED

or improvement which was attributed PARTICULARS & CONDITIONS

the laws of the Medes

Persions."

and

d'Almanda's considered

The authority for Mr submission that

the upinion of the British Government is i Mr d'Almada has referred me to

that my serious Invasion of the the well known passage in Black-berty ar stone's Commentaries which is found achieved by Act of Parlament and subject should be at page 133 of Volume I of Kerr'a not by Defence Regulations is to be edition of 1857:

regular cee-

-

"A natural and quence of this personal liberty

is that every Englishman may elain

A

the

found in the issue of the Solicitors' Journal for 3rd August, 19648: (84 Sol.

f. 437).

34.193

of the Sale by Public Auction BY PLANES

(DY "REUTER'S" ALT CORRESPONDENT)

to be held on Monday, the 3rd day of February, 1911, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor of LONDON, Jan. 20. The one Lot of Crown Land at | R‚Á‚F. Coastal Command is Castle Peak, in the Colony of straining every nerve to assist Hong Kong, for a term of 75 | the Navy to upset Axis plans for | years, commencing from 1st reducing the scale of American right to abide in his cyn country to the debate the Lord July, 1898, with the option of jaid to Britain and, at the crucial to long as he pleases, and not to be

observed that, strictly renewal at a Crown Rent to be moment, launching any surprise driven from it except by the centence peaking, there was no need for the

to introduce the

fixed by the Surveyor of His invasion. Bin, of the law: The Sovereign in deed, Government

du the whole

Majesty the KING, for one fur- by his royal prerogative, may issue because they could out his writ ne exeat reine, and pro- thing by Orders in Council

ther term of 24 years less the to the Defence Regulations, but the hibit any of his subjects from going ca

last three days thereof. Government took the view that, info foreign parts without cence. 10%

they This may be necessary for the publle

dealing with

Intending bidders are advised the berties of ordinary that immediately after the dispo service and safeguard of the Com-rights

citizens; would be a monstroussal of the lot the Purchaser (If monwealth. But no power on earth.

power without not the applicant) will be required except the authority of Parliament, to use that

bringing it before the attention of any subject of England Parliament."

to deposit with an authorised out of the land against his will:- no,

officer who will be present at the not even a criminal, for esik and transportation are punishments un- On this Uitation I would only saysale, the sum of two hundred known to the Common Law. To this that the considered opinion of His dollars, ($200) in cash. This sum purpose the Great Charter declares Majesty's Government on the ques-will be refunded on payment of that no freeman shall be banished tion then before the House of Lords the Purchase price.

con send

were

and it

Differs Radically

under

or by the law of the land. The laveurs-to-cliffumadiently-and-irre-

is in this

that

about

unless by the judgment-of-his-peers

concitably from the opinion respect robenignly and Government beld at that time liberally construed for the benefit of

of evacuation in Hongkong, 15 the the subject that, though within the affidavit of Mr N. I.. Smith shows, realia the Sovereign nay command but that is a matter for the consi the attendance and service of all his deration of the Executive Guvern llegomen yet he cannot send any manment of the Colony, and cannot have out of the realm., even upon

Use any bearing on the conclusions to which a court of Justice may come public service; excepting soldiers and 1 is interesting too to note that Lord sailors the nature of whose employ Simon had no doubt in his own mind ment necessarily implies an excep-about the competence of a Defence lion. He cannot even constitute mon Lord Deputy or Lieutenant of Regulation to achieve the same end Ireland against his will, nor makes the statute the House was then him a foreign Ambassador, for this debating.

a

might in reality be no more than an honourable exile."

As to what is the proper construc- tinn to be placed on such legislative Interesting Authority

enactments as the Emergence Powers The authority relied on for that (Defence) Act, 1930 and the Defence Regulations the position is I think

courts

The magnitude of the task and pointers to success in its execution ivere outlined by a officer to-day.

senior R.A.F.

The Sunbeam-Talbot ten koran-power Sports Car which has been donated to the Bomber Find by Mestre Gilman & Co., Ltd. The value of the car is 55,950, and it is to be raffled by the Hongkong War Effort Committee. Many other valuable prizes are being offered which will make the raffle one of the biggest over held in the Far East. All work is being done voluntarily so that every dollar received from the sale of tickets will go towards the purchase of bombers,

Japanese Dive Italian

Bomb Train

In Kiangsi Province TOKYO, Jan. 21 (Reuter).- Japanese naval aircraft yester- day morning blew up a freight frain west of Kwangsin in the north-west of Kiungsi province,

it was announced here.

The Japanese dive-bombet on the train, blowing up several ears as well as destroying railway tracks and warehouses near the town

Ship Sends Out An S.O.S.

SPECIAL TO THE "TELEGRAPH' MANILA, Jan. 21 (UP). The Globe Wireless has intercepted a dis- tress Inessage from the steamer Agsiap Halassini in. longitude 151 east, latitude 29.20 north,

The ship said she had encountered bad weather, had been damaged, was partly flooded and with Broken helm.

STOCK EXCHANGE

PRICE MOVEMENTS IRREGULAR

LONDON, Jan. 20 (Reuter)—On the Stock Exchange to-day, business was slow with price movements irregular,

Night Attacks An aerial escort is being provided for many convoys through the north-

Tea shares, however, continued to meet, good buying and building shares western approaches to Britain. U-

and heavy industries were supported, Bont commanders have adopted the technique of attacking Atlantic ship- On the c contrary, some recent popular{ ping in these approaches by night Industrials met profit-taking.

Twin Eagles were the best feature instead of day because they dislike Methods of the protecting aircraft locating and pouncing on submarines

of a quiet oll market.

Diamond shares were firm on good by night as well as day are being American demand for gems and developed.

stones but Kafflro were rather duit. -New-long rangefighters-will-he-Wall Street was steady.

pre

| PARTICULARS OF THE LOT. coming into service to tackle the

bombers which harassing Allied shipping.

So vigilant are the Coastal Com-

No. of Sale.

Registry No.

Locality

Castle Peak.

An

S

Boundary Measurements[SM/

H. 8. EW.

refert fazi feet

as per sale

plan.

Ann. hent

Contents

$1.450

3

tund reconnaissance aircraft all the way from Norway to the south of France that it is calculated that these "yes" of the R.AF. will give due notlet of the last stage of preparation for an invasion anywhere along the pccupied-European coastline, Invas- barges are still there and wille they are unlikely to sail in the pre- nent weather, a watch is being kept for any sign of a move.

ion

4,700 Escorts

From the outbreak of war to the middle of this month, air cacort was

4.700 provided for

convoys. Sub- marines were sighted on 200 oc- casións. Approximately 100 ullocks were made on them. The number of "kills" is not revealed.

statement of the law is part II of Sir clear. In re Boaler 1915 K.B. 21, Edward Coke's Institutes of the Laws Scrutton J. (as he then of England where at page 47 the

wils) said: early authoritles are

"It is of course quite competent will be presumed that a statute is collected. In to Parliament

In the last few months, approxi- deprive any subject intended to be not only constitutional view of Government's avowed intens of the King of any right either ab-but reasonable. Statutes must be mately 50,000 tons of enemy shipping on to send the plaintiff not to a solutely or in part. But the language interpreted so as not to lead to were destroyed by serial torpedo ut“ part of His Majesty's Dominion but of any such statule should be jeal- absurdity.

tack alone. to a foreign country, one of these ously watched by the

Ordinance providing

Scores of mine-laying fights have and that Authorities is interesting

convicted outside and that persons "Sir Richard Penbrugh's case (Rol. least onerous meaning unless clear entered the Colony could not mean markable successes" are claimed.

should not be extended beyond solony could be banished if they been made to estuaries in

its

enemy- occupied territory, for which 41 E

"TC- E 3) who was warden of the words are used to justify such ex- that Cinque Ports, and had divers offices, tension." And in ex parte Zadig and convicted when temporarily out. perrons domiciled in the Colony,

Recently Coastal Command bom- annalties and lands graunted to him. V. Halliday, (1917) A.C. 250 Lord side It, could be banished from their eve concentrated on

German for life and in fee by the King under Atkinson in his speech at page 274 homes (Venter v. R. 1907 T, S, 016), and lilian submarine bases in Oc- the Great Seale, pro servitin ne never could appreciate the conten- the Colony without a pass cannot be

said "For myself I must say that and a penco et impendendo, the King com- tion that statutes invading the liberty mean

cupled France. penalty prescribed for entering Richard to serve him in Ireland, of the subject should be construed the Colony who received a trekking meant to apply to an inhabitant of after one manner and statutes not licence to find a home elsewhere but

maned.

Sir

as his Deputy there, which he ab invading it after another; that cer- is obliged to return. (R. v. Zibi 1028 solutely refused, whereupon the King by advice of his Counceli seized all tal words should in the Arst class E.D.L. 246).

have a meaning put upon them dif-

"Interesting and opposite as these

things graunted to him pro servitio ferent from what the same words cases at first sight seem to be I am impendendo (in

respect clause) but he was not upon that used in the second.

of that would have put

pul upon them

when unable in the absence of reports of resolution committed to prison as by tribunal whose duty it is to Interpret there under consideration, to invoke I think the the cases and the text of the statutes that record It appeareth; and the a statute of the one class or the other them in aid of Mr. d'Almada's sub- renson was because his refusall lawful and if the refusall was law- according to the well-known rules.

was should endeavour to find out what mission, that regulation r

cannot Kinga eve in Ireland, parcell of the and principles of construction, the Reply buttons domeled in long-

Dominions, a fortior, a fusal is lawful to

re- statute means, and if the meaning be kong but at most only to transients serve in any clear to apply it in that sense.

be and immigrants. Should the statute be ambiguous,

Two Examples equally susceptible of two meanings, Two reported cases are to The answer to this contention la one leading to an invasion of the given succinctly in the judgment of liberty of the subject and the other considering the present сос an Darling J, as he then was, in Chester not, it may well be that the latter both of thern concern Orders of

decla Magna

foreign country."

The Answer

v. Bateson (1020) 1 K.B. 829 nt 032. should be preferred on the ground

where the King

Carta,

will

We

acil, to no

"Mr. Langdon hins contended that this of the presumed Intention of the regulation viointes

legislature not to interfere with it. To no one That is a wholly different matter," to no one will we refuse or delay right or Justice." I could

The Second Point

second

point

not hold the regulations to be bud on Mr d'Almada's that ground were there sufficient au- necessarily Involves a close examina- thority given by a statute of the realm. tion of the authorities. It is not sur- to those by whom the regulation was prising that in such a matter direct made. Magna Carta has not remain-authority is not available. Mr. Street ed untouched; and like every other in his recent work on the Doctrine law of England it is not condemned of Ultra Vires writes at page 445 "It

of particular Interest in

TURN to Pago 7, Column One

TUTAS, USE

METROPOLE

-CENTRAL

-MOSTAN

·RIVE FROOF

MONSTER WAR FUND RAFFLE

Donors of Prizes are requested to hold them until won, when the Hongkong War Effort Committee will issue orders for collec- tion: to the winners.

Prisoners In Camps

Indian Inland

BOMBAY, Jan. 20 (Reuter).—Four hundred officers were included in the second contingent of 4,000 Italian prisoners who arrived from the Western Desert to-day and were sent to inlanet camps.

One Italian officer paid tribute to the British mechanised forces, saying that Italian anti-tank guns were useless against the British tanks, and most of the prisoners had had no more than three days of fighting.

Libyan Bad Weather CAIRO,

20 (Reuter).— Weather conditions in eastern Libyn yesterday restricted air operations R.A.F. alrerpft considerably, but

of recon-

Jan,

1

} fires were started at Assab and

Hargeisa which were also bombed. Polish Submarine. Is Replaced In Britain

LONDON, Jan.

enrried ou! number

20 (Reuter),—A naissance and fighter patrols in the new submarine named Sokol to re- forward area, it was announced in a place the famous Polish submarine from R.A.F. head- Orzel has been launched "somewhere communique

in the north. quarters in the Middle East.

General Sikorski, the Polish Pre- In Albania

taking

it over, advised Polish- In Albania, a successful raid was made on Lerall, where high explosive lors to emulate the virtues of the

British sailor. and incendiary bombs fell on military concentrations and motor transport.

Buildings in the east of the town were also hit, several fires being started.

In Italian East Africa an attack was made on motor transport and gun positions south-east of Tessenel on the night of January 18-10. All bombs fell in the targët aren but the

results could not be fully observed.

Massawa was twice raided.

Kenya-Abyssinia

micr

The Orzel escaped from Gdynia and reached Britain after a month of hair-breadth creapes., Sho was later

presumed lost."

BANK S

THE CHARTERED BANK OF INDIA, AUSTRALIA & CHINA,

Incorporated by Royal Charter 1853. .

...... £3,000,000

NAIROBI, Jan. 20 (Reuter), South African troops have captured Paid-up Capital ..... prisoners in the El Yibo aren northReserve Liability of Proprietore £3,000,000 of Dukana on the Kenya-Abyssinia | Reserve Fund... front, according to an ofleial com- munique issued here,

Italian Towns Bombed

SPECIAL TO THE "TELEGRAPH"

CAIRO, Jan. 20 (UP)-RAF bombers, rulding Derat and Cntatila tast Sunday, dropped high explosive bombs and incendiaries on concen- trations of military transports, and severat-nres were started, "Ollier

BOMBER FUND

J. Ullmann & Company will be pleased

to receive any old silverware, jewellery, etc.

which will be melted down free of charge,

and the proceeds handed to the War Fund

inaugurated by the "South China Morning

'Post" and "The Hongkong Telegraph."

Receipts will be issued for all contributions,

que

and acknowledgment made in the news-

papers referred to above.

J. ULLMANN & CO.

CHATER ROAD

********* 3,000,000 HEAD OFFICE LONDON, 38 Bishopsgate, E.C.L.

Sub-Agencies in London: 117/122, Leadenhall Street, EC,J;

West End Branch: 1/10, Cockspur Street, 8,W.1.

Manchester Branchi -81,-Mosley-Hirest,-Bianchetter,” 27 AGENCIES AND BRANCHES;

Hongkong Rangoon Ipoh

Alor Star Amritsar Bangkok

Salzon

Semarang

Beremban

Shanghai

Hollo

Batavia

Karachi

Bombay

Klang

Calcutta

Koba

Bingapore

Agencies:

Kunis

Clive Street Faltile Place

Lumpur

Kuching.

Sitiawan Sourabaya Taiping

Canton

Madras

Tiental

Cawnpore

Manila

Tongkah

Medion

(Bhuket)

New York

Tsingtao

Delhi Halphang

Pelping

Yokohama

(Peking) Penang

Cabu Colombo

Homburg Hankow

FOREIGN EXCHANGE and General Banking Business transacted.

CURRENT ACCOUNTS opened and FIXED DEPOSITS received for One Year or shorter periods in Local or Other Cur- reneles at rates which will be quoted on. application.

SAVINGS ACCOUNTS alsa opened in- Local Currency and Sterling with Interest allowed at rates obtainable on application The Bank's Head Office in London undertakes Executor & Trusted business and claims recovery of British Income Tax overpaid. an farms which may be ascertained at any of its Agencies and Branches,

II. A. CAMIDGE,

Manager.

FOR THE 1 MAN IN 7 WHO SHAVES EVERY DAY

A Special Shave Cream—It's: Not a Soap, Needs No Brush!

Dallyshaving leaves many men's faces raw and sensitive. Yet, because of hla. buainces and social statur, one out of every 7 mon must shave every day.

To meet this condition, Williams. how now developed GLIDER-aape- cial cream for dally shavers. With no soap base, It's a complete departure. from orinary shave creams. No. brush. Nolathor, Notsticky or greasy. A superabundance of molature la contained in this rich cream, It won't dry on your face. Applied with ́the fingers, It quickly softens cach whisker. A protective layer is formed over which your razor glides. Or comes each hair at the base without scraping. Like a cold cream, Gilder- helps keep your skin smooth all day. Glider is the result of nearly 100 years' experiènco in making finv shaving proparations.

Bole Agentar W, R. Loxley k—Co. (China) Ltd.

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