1941-01-21 — Page 16

KING S

TO-DAY ONLY

ROCK

STAN

At 2.30, 5.10, 7.15 & 9.30 P.M.

with laughter”.

AND ROLL

in the aisles!

?..as Stan and Babe put "out to sea in a tidal wave of hilarious mishaps with mermaids..stowaways.. and harbor policol ̈C

Hal Roach.

presents OLIVER

LAUREL & HARDY SAPS AT SEA

Directed by GORDON DOUGLAS • Relvased thru UNITED ARTISTS

TO-MORROW

A Warner Bros..

Picture

AT 2.30. 5.10, 7.15 P.M. ONLY "NANCY DREW, DETECTIVE"

with BONITA GRANVILLE

4 SHOWS]

TREAT FRAM OR SHAPPY VALLEY DNÍ

DAILY

2.30-3.15 7.10-9.30

ORIENTAL

FLEMING ROAD WANGHAI

TIL 28473

Tuesday,

HONGKONG TELEGRAPH

་་།

January 21, 1941.

EVACUATION TEST CASE: TEXT OF JUDGMENT

(Continued from Page 7.) ·

words in the statule taking away the right of the King's subject of access to the Courts of Justice would nuthorise or justify it.

think the Court is entitled to question for costs, but, following McCardie J. the discretion at the Executive to in Shufler v. Kolie, (Ü20) 38 TLR. whom Parliament hom entrusted 328, 1 desire to say that in view of powers in such wide terms."

the great public importance of these

To that question, giving the words proceedings, their importance both to of the Regulations their plain and the subject and to the State, I think Sweeping Powers

ordinary meaning, and hoving due that the Crown ought not to enforce Sankey J. sald: It is true that the regard to the term of the affidavit of the costs. power to make a regulation to pre- Mr N. L. Smith, there can in vent the successful prosecution of judgment be only one answer. the war being endangered is of Defence (Entry Restrictions) Regula wide and sweeping character, but Itions, 1040, are in my opinion not

my The

Prelude To Diet

decline to hold that Parliament in- ultra vires and this nelion therefore Is Promise To Obey

In view of the conclusion to which have come I must make an

FROM PAGE ONE

national defence State for which purpose the increased production of order necessary materials should never be neglected even for a day, promptly carrying out undertakings superseding trivialities," "and" tightening" the "war- time structure for surmounting the

tended by these general words to give falls. There must be judgment for to the Executive the right to close the defendants, and the interim in-

of the King's Courts against his Junction granted by me Any

un 13th aubjects unless they obtained the December and extended tti 3th Fonction o! Minister to resort thereto, I should be slow to hold that January until the trial of the netion

in discharged. Parliament ever conferred such a power unless it expressed it in the clearest possible language. retsel should never hold that it was given Indirectly by ambiguous regulations made in pursuance of any Act.

Chester v. Bateson was decided Ind 1020, three years after the House of

Rex. Lords had adjudlented in Halliday. That decision was binding on the Divisional Court in 1920 and Chester v. Bateson was decidyl solely on the loop-hole left by Lord

case,

V.

More Prizes For

Bomber Fund Raffle impending emergency.

which

The manifesto expects all Diet members to conduct cautious dc- Ilberations to full the duty of assist- FROM PAGE ONE

the Imperial administration. It ing forswears my arguments tending to Atkinson in his speech in Halliday's Effort Committee, from the Hon. Mr

Chairman of the Hongkong War "prejudice the current altuation."

Concluding, the manifesto declares, "The Stanley 11. Dodwell:

resources of the Empire are Common Law Rights

sumclent to I have just received the Hongkong Well

any Burnount In a later case tried in the same War Effort Committee's request that cult situation provided that the year, Newennile Breweries Lid we donate a prize for the raffe military, oficial and civilian, peoples The King (1920) 1 K.B. 854, IL was

ore truly solicitous over the fate of held that a regulatioit which pur in alt your Committee in organising the nation and meet the situation In

unity feill

and harmony." ported to deprive persons whose

My Company will be pleased to Matsuoka Sece Emperor Hoods were requisitioned by donate naval or military authorities of the been happy

Frigidaires

and would have presen! you with

Jan. TOKYO.

20 (Reuter). right to the fair market value and something of much greater vatue Foreign Minister Yosuke Matsuoka to a judicial decision of the amount, were it not for the fact that we are was received in nudlence by the Em- was ultra vires. Salier J. In the course of his judgment sold: "ome company registered in Eng-peror when he submitted a draft of his Diet speech reviewing Japan's Chester Ba

Bateson it

diplomatie policy. The scheduled that regulation 2 (a) (2) of these eldentally, also, our staff and share- day has been cancelled as all ques- extraordinary cabinet ression for to- Regulations is invalid. The judgholders are

a Spitfire to presenting

tions were sellled at the extraordin- British Governinent.

ary five hour meeting last night. this

the

decifion wns

of the Bomber Fund.

and subject to lome Income.

Taxes: and Excess Profits

In-

ment in that ease are,

In substance, the applicable here. That Regulation doubt if it is realised in deprived a class of subjects, in cer- Colony how great is the difference PRAYERS FOR QUEZON toin circumstances, of the common between the Iome and law right of necess to a particular taxation.

ineal Court given in express terms by

recent statute."

on

our venture guess, based

Company's experience,

on my dad another large company

that we

That decision was not else Head Office in Englund, will pay in prominent Moro leaders prayed for

appeal but it was severely

¿DAYS TO-DAY • TO-MORROW Hudson's Bay Co. v. MarLay. "T

ONLY

A REAL FAST MOVING EXCITING MELO-DRAMA ! He came from nowhere this quiet man, to do, what no other man would dare, they hailed him as the wonder man of the year.

A THRILLING NEW IDEA OF A MAN'S BRAVERY !

ALL EXES ARE ON

THE MAN WHO DARED

Jano Bryan Charley Grapewin Honry O'Neill

THREE OUTSTANDING PICTURES OF THE PAST !

Thur.

"

FRI.

SAT.

"Les MISERABLES"

Frederick- March Charles Laughton

MAGNIFICENT BRUTE **

Victor McLaglen —

Binnio Barnos

"DESTRY RIDES AGAIN

Marlene Dietrich -- James Stowart

...

Manila, Jan. 20. The Manila Herald reported from operating in the Colony, with its Jolo that Mahommedan priests and by Greer J. In his Judgment

of President Quezon. Home taxation for Inst year as much, the recovery

think

was if not more than the entire present They also invoked the aid of Allah the plaintiff's Counach was

to grant President Quezon a longer quite right in regarding the decision total of the Bomber Fund.

I think we are all agreed that it life. In the Newcastle Breweries Case is just us vital for the future of this President Quezon, who has been ill strongly in their favour. It is, how Colony that we win the war as it is for the last few weeks, is recovering.

recent decision of Jue for the future of Great Britain.

I The rite is considered unique, since

ever,

DEATI!

of co-ordinate jurisdiction and is as therefore suggest for the considera-for the first time the Moros have I understand, under appeal. If and

farsit involves the proposition ion of your Committee that, in addi- prayed to Alloh for the recovery, of that the King in Council has not on to

to the organisation partnerships,

of this raffle, Christian-United Press. power to issue regulations which you appeal to our will enable the country to acquire companies, and corporations, to cele Its necessary stores at less than cut-brate the Colony's centenary by rent market prices, I regret that In

donations

the Bomber Fund of the And it impossible to agree with the titerence

difference between their local taxa- decision."

tion assessment and that which Home companies have to pay. The Blomber Fund would then soon mount up to $10,000,000 instead of, in my opinion, the modest sum at which it now

Peculiar Facts Chester v. Bateson is cited with approval in Fowle v. Monsell, 1021 90 J.K.B. 105...

but it is clear from the Judgments in that case tha the decision in Chester's case was held to be justified only by the ex- treme and peculiar facts of the case.

is referred to also in Rex. V1 Governor of Wormwood Scrubbs Prison: ex parte Foy (1920) 04 J.P. 94, n case of the internment of British subject without trial after the urmistice but before the date of the oficial termination of the war. There Avery J. said: "I wish only to add that Chester v. Bateson is an illus tration of the way in which this Cout Jealously guards its thority to interfere per and au- which the Executive has exceeded the powers conferred on it by stalute. To make the decision In that case analogous to the present, it would have to be said that the regulation which is now in question forbade uny person to apply to this court for a writ of habeas corpus, whereas does nothing of the kind,

in any

Reasonableness At Issue

In

stands,

10

FERREIRA: Sylvia Ferreira, wife of A. F. Ferreira passed away at 4 p.m., January 20, 1941, at Queen Mary Hospital, aged 42. Cortege leaves Anderson's Funeral Par- Inur.at mont

p.m. pussing the Monu- at 5.15 p.m. (Macau papers please copy).

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The task before me can be very shortly stated in the words of Atkin J. in Lipton v. Ford, 1917 2 K.B. 047. "All that I have to see is whether thei regulation is one that is reasonably capable of being a regulation for securing the public safety and the de- fence of the realm. If it is I do not M-G-M Picture

TO-MORROW

SHOWGIRLS MUST LIVE!.

-No Matter How!

LAMIL

See this laugh-and-cry backstage drama by

VICKI BAUM

O'HARA HAYWARD iwel BALL..

DANCE, GIRL, DANCE

with

VIRGINIA FIELD - RALPH BELLAMY

"FAST AND LOOSE!"

Robert Montgomery

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EDANGER ON WHEELS

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A Chinoso Picture in Mandarin'

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2 WIVES. T. 1 HUSBAND

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ERWIN MARJORIE WEAVER in "THE HONEYMOON'S OVER” A 20th Century-Fox Pictura

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SOPHIE LANG GOES WEST '

A Paramount Picture with

GERTRUDE MICHAEL LEE BOWMAN SANDRA STORME LARRY CRABBE ROBERT CUMMINGS

"he good as really good cigarettes can be"

K4's

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SCOTT FOSTER LINDSAY

MARY HEALY - ROBERT SHAW - GEORGE ERNEST KANE RICHMOND • JANE BARWELL • MAXIE ROSENBLOOM A COSMOPOLITAN PRODUCTION

· Executive Producer Sol M. Wurtzst

A

THURSDAY, ONE DAY ONLY RETURN SHOWING BY POPULAR DEMAND !

TOWER OF LONDON

•

"

BASIL RATHBONE BORIS KARLOFF BARBARA O'NEIL A Universal Historical Super-Spectacle ! FRIDAY AND SATURDAY

•

A FINE CAST IN A HILARIOUS COMEDY !

"

"BROTHER RAT AND A BABY' PRISCILLA LANE WAYNE MORRIS JANE BRYAN

A Warner Bros. Comedy-Hit 1. febr

Insult To Nazis

In San Francisco

Offenders Prosecuted

SMALLEST PILOT

One of the R.A.F. Aighter pilots who brought down a Dornier over Suffolk Is only" 41 3in, high-the smallest pilot. In the Air Force. When he landed close to the Dornier, SAN FRANCISCO, Jan, 20 (Reu-people hurrying to congratulate him ter)-Two United States Navy sea-hatted in surprise. After learning mch were convicted to-day of that the four members of the Dor- "malicious mischier by cutting down nier's crew had been taken prisoner:

Naz flag from the German by a searchlight crew, the diminutive Consulate.

pilot This is an offence against another ‚nation," Bald

the Municipal judge insults to the German fing" In an after remanding them in the custody nouncing that the Gorman Charge of the naval authorities. He will d'Affaires in Washington had lodged pronounce sentence on Thursday, a strong protest with the United. The German radio to-day referred States State Department about the to the "Impudent and provocative" Incident: :

A

took off again.

Printed and Published for the Proprietors by FREDERICA PERCY FRANKLIN, at 1 and 3, Wyndham Street In the City of Victoria, Hongkous.