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The
NAL EDI
Hongkong Telegraph.
26 Nathan Road,
No. 10302
FOUNDED 1881 二拜禮 ·號一廿月一英港香
TUESDAY, JANUARY 21, 1941.
日四十月二十
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PLAINTIFF FAILS IN GALLANT MALTA HOLDS OUT
THE EVACUATION TEST CASE: FULL JUDGMENT
THE EVACUATION TEST CASE WHICH MRS MABEL EVELYN, BLAIR BROUGHT AGAINST THE HON. MR C. G. PERDUE, ACTING COMMISSIONER OF POLICE, AND MR. E. C. LUSCOMBE, ASSISTANT SUPERINTENDENT OF POLICE, ENDED THIS MORNING WHEN THE CHIEF JUSTICE, HIS HONOUR SIR ATHOLL macgregor, GAVE A WRITTEN JUDGMENT IN FAVOUR OF THE DEFENDANTS, AND DISMISSED THE ACTION.
The five claims which Mrs. Blair made against the defendants were as follows: (a) for a declaration that Regulation No. 3 of Defence (Entry Restrictions)` Regulations, so far as it applies to British subjects resident in the Colony, is ultra vires, void and of no effect;
(b) alternatively, a declaration that the defendants have no power under Regulation No. 6 (b) of the said Regulations to compel the plaintiff to leave the Colony against her will;
Bangkok Claims Big Victory In Indo-China regulations;
SPECIAL TO THE “TELEGRAPHI
BANGKOK, Jan. 20 (UP).—
The official Bangkok Radio an- nounced to-day that in the north- east sector, the Thai advance continued on January 18 and 19 by the occupation of districts in Champasak, Progressing 10 Huong, Phonne and Thong which were captured on the 17th.
was Atated that It
"our national flag was for the first time hoisted on Indo-Chinese territory and the administration is being organized."
In the castern secter there was no fighting on January 18 following the heavy French defent. Among the many dead was the body of Major Remeury, battalion commander, which was discovered with: identifica- tion papera and many documents. On the 10th there was a small French at tack, but It was repulsed with no casualties.
Ten white prisoners were taken, all of them bitter at being deceived by the French officers who told them
when expect light resistance
to
actually they fell into a trap, facing more than 100 That machine-guns at seven to 100 meters.range, followed by two tanks. All their friends were . killed.
All told of the Insecure position of the French and predicted à total de- feat.
Lamotte Picquet Undamaged SAIGON, Jun. 20 (UP)—The "United Press" correspondent to-day examined the French cruiser Lamotte Picquet and found the cruiser to be inscratched. It is recalled that the TURN to Back Page, Column 5
Income Tax
For S'pore
+
(e) an injunction to restrain the defendants or any police officer authorised by the first defendant from taking action against the plaintiff under the said
(d) such further or other relief as shall be just; and (e) costs.
Hon. Mr Leo d'Almada, Jar, instructed by Mr E. Davidson, of Hastings and appeared for plaintiff, and defendants were represented by Mr H. C. Macnamara, instructed by Mr E. W. Davies, Crown Solicitor.
Co.,
H.K.-Calcutta
Air Service
SPECIAL TO THE "TELEGRAPH"
BOMBAY, Jan. 20 order.. to (Domei),--İn negotiate for the service between Hongkong and Calcutta, representatives of the China National Aviation Corporation ar- rived at Calcutta by acro- plane, according to a re- The port reaching here. report said that they are going to Delhi for negotia- tions.
First Trial Flight "CALCUTTA~Jan-20
(Reuter ).-Leaving Chungking at 3 p.m. on Saturday, a Chinese Na- tional Aviation Corpora- tion machine has
The full judgment of the competent authority, be detained in Chief Justice follows:
police custody until an opportunity occurs of returning him to his port of embarkation or to the country of which he is a national or of sending him to his destination.
#
Plaintiff's Allegation....
The Judgment In Full The Plaintiff, a British woman domielled in Hongitong: by her writ claims against the defendants, who are respectively the Commissioner of Palice and n Commissioned Omcer of the Police Force, the following de-on December 13, 1940, the allegations clarations:
I
The plaintif in an amdavit fled.
of fact in which are uncontradicted,
(1) That Regulation 3 of the De-says- fence (Entry Restrictions) Regula-
Paragraph 3. On July 2, last I tions, 1940, so far on it applies to left Hongkong for ressons of health British.
subjects resident, in the und proceeded to Manila. I would Colony is ultra vires, void and of no have gone sooner had I been well effect; and (2) That the defendants enough but I was not it to travel have no power under Regulation until that date. My departure was (b) of the sald Regulations to compel therefore not connected with the re- the plaintiff to leave the Colony cent evacuation of women and chil- against her will. She also claims to Injunction.
R
dren.
ALGE
MACKESEIPS
MEDITERRANEÂN
France
Strant at
Firmwitik
Will Not
Hand Over Fleet
VICHY, Jan. 20 (UP)—The official spokesman stated to-day Par. 5. In November I decided to that France refuses to turn the French fleet over to Germany, The weit bears date. December 13, return to the Colony without my 1940, and on the plaintiff's applica- husband's knowledge is my health in and will insist on the full observance of the Franco-German tion in Chambers that day for un Manila was still unsatisfactory and armistice terms despite the reconciliation between Marshal Pelain interim injunction it was agreed that my
hearing and
determination of private affairs required urgent and M.-Laval. attention, and I obtained a passage that application should be treated
A furthr revision of the Petain on the sa. "Tjitjalengka" to Amoy via as the trial of the action. There are Hongkong. I did this because the Cabinet is anticipated, with M. therefore no pleadings, but parties have agreed that for
Hitler And
the steamship company would not give Laval. perhaps replacing Contenter
Dur me a passage unless I paid the fare to De Vrinon as Marshal Petain's
present purposes the defence be re- Amoy. com*
pleted the first trial flight to India, arriving at Delhi this evening.
It reached Calcutta yes- terday evening via Lashio, and Chittagong,
It is understood that negotiations for the estab- lishment of a regular ser- vice between Calcutta and Hongkong are being con ducted by the Corporation.
If the service is estab lished, passengers from Calcutta will reach Hong- kong or Chungking in one day,
garded as a general traverse and the
Par. . The Vessel safled
оп
plaintiff be put to the proof of all November 19 and therefore I knew material allegations.
nothing whatever of the regulations. Emergency Powers Act
published on that date in Hongkong. The Emergency Powers (Defence) I had a British passport. Act, 1939, which was passed by the
Par. 7. On arrival in Hongkong the Imperial Parliament on August 25, Police at first refused me permission 1930, was extended to the Colony by ito land but ultimately I was allowed
special emissary to Paris.
Mussolini
Communique on Meeting
Gallant Malta replied to the week-end Nazi aerial blitzkrieg bý bringing down no less than 23 dive bombers with the loss of only three planes. The top picture shows the biggest Nazl objective, Valetta's famous har bour, and the smaller picture illustrates the strategical post- tion of the important British naval base.
OBJECT TO INCREASES IN TAXES
S'hai Japanese To Hold
Public Meeting : SPECIAL TO THE{"TELEGRAPH", SHANGHAI, Jan. 20 (UP)— The power of the Japanese rate payers will be tested again next Thursday at a special meeting of the ratepayers when the Japan ese will oppose the proposed 40. per cent increase in taxes by the Municipal Council.
The announcement that the Japanese will only oppose the proposed increase in the Munici- pal rate indicated the Japanese chose a wise amendment and one which will likely gain the sup port of many foreigners.
the Earlier reports, hinted that Japanese would oppose the proposed. Increase in the rate as well as the proposed increases in various forms of licenses, same of the fees of which have more than doubled, with luxuries such as bars, restaurants, cabarets, night clubs and automobiles bearing the brunt of it.
Backing Popular Opinion
Order of His Majesty in Council, to land and was taken to the Immi, the Franco-German collaboratioast changed views on the situation at af proposal in the increases in license
A
The Japanese or endment proposed TURN to Back Pago, Column 3
Major Defeat For Italians
Laval's Status A Secret VICHY, Jan, 20 (UP).-Pending the next step following the rapproche-
SPECIAL TO THE "TELEGRAPH": ment between Marshal Petain and M.
BERLIN, Jan. 20 (UP)—A com- Laval, which le likely to be a Cabinet
"The In view of the fact the foreign reorganization and a re-affirmation of munique Issued to-day states:
the Fuehrer and Il Duce thoroughly ex-newspapers editorially supported the dated 25th August, 1939. Section 1gration Office where I was told French rad commentary, making it meeting at which the Foreign Minis-fees, but some opposition was to the
radio this morning broad or that Act, making the necessary must proceed on Sunday, November clear that Marshal Petain's gesture of ters of Germany and (1) of modifications
s prescribed by the Order 24.
Italy were over the proposed Municipal rate, the in Council reads:
-Permission To Stay Over
appeasement was prompted by the
Japanese are believed to have decided present. "I. (1) Subject to the provisions
place in necessity of curbing the violent anti- The meeting took
to support popular opinion. of this section, the Governor may
Vichy
campaign in the Paris press in spirit of cordial friendship existing make such Regulations (in this Act I went with my husband to the Im-
Par. 8 However, on the Saturday the interests of the two zones and between the two chiefs of Stafe, and that the increase in land taxes and referred to as "Defence Regulations") migration Offee and sudcceded in
the Colonies.
the comradeship in arms of the Ger- as appear to him to be necessary or getting permission to stop over until
There was no announcement of any man and, Italian people. expedient for socuring the public November 30 on furnishing a bond Laval's future status, although last was reached."
sort to-day which would fix M. "Full agreement on all problems safety,
ely, the defence of the territory, for $300. the p
maintenance of public order and
Sunday's communique sald specifically "New Developments" the efficient prosecution of any
Par. 10. I war
did not Ball un that all misunderstandings which had
BERLIN, Jun. 20 (UP)-Well in- which His Majesty may be November 30 and on the 4th Decem-provoked the surprise overthrow on formed German quarters declared the
and for maintaining ber I received the following letter December
had been dissipated and services essential to from the Colonial Secrtary:-
It is understood that since the mis-greeting between Hitler and Mussolini would point to a departure for, new the life of the community,
understanding no longer exists, M. developments" in the war, but they SPECIAL TO THE "TELEGRAPH"
On November 10. 1040, the "Madam, I am directed to invite Laval may return in some capacity.did
the
not reveal the subjects, which Governor under the foregoing powers your attention to your failure to but until there is an official annowice were discussed except to SINGAPORE, Jan. 20 (UP).
made Regulations entitled the "De-
comply with the conditions attachment it le forbidden to anticipate. theme of the meeting was, of The Singapore Legislative Coun-
fence (Entry Restrictions) Regula- ed to your recent entry into the ell to-day approved the first
colony from Manila. As you know, 20
• Jan. (UP)-Mrtions, 1940, which contain, inter ali
this condition was that you should reading of the War Tax Bill Winston Churchill, answering a the following provisions:
In these Regulations
leave the Colony by the 20th which imposes income tax for Labour Member's complaint that!
authority"
November lost, and you and your the duration of the war.
British workers are making arms for (a)
husband chtered into a bond to The Council rejected by 20 ese order which had been on hand III (1), No
secure the performance of that con- whether 'person,
dition. votes to five the proposal to ins- for years has been completed, but he British subject or not, coming as a titute State lotterics for the pur-added: "Steps are being taken to passenger by sea or air from a place
insure that they are not exported. pose of raising war monics.
Measure Given Its First Reading
No British Arms For Japan
SPECIAL TO THE "TELEGRAPH"
LONDON,
In
in
II
Japan, admitted to-day that a Japan- the OE of Police.
Occupying
Report
Japanese
Sayuchung,
Reports from reliable sources reveal that Japanese troops
means
a
outside this Colony shall disembark in this Colony unless (b) he has first obtained on such passport. travel document, certificate, permit or pasa the written indorsements of the com- petent authority permitting him to enter this colony.
In making or declining to make any Indorsement for which pro- vision is made by these regulations, the competent authority shall act in accordance with the general or special: Instructions of the Colonial have occupied Sayuchung for the purpose of putting a stop to, i Secretary, and the Colonial Secretary may revoke or vary any decision of the alleged large-scale smuggling of goods into Free China.
the competent authority, The Military Authorities in have already arrived at the village VI. If any person falls to com- Hongkong this morning declared which is situated on the north-ply with any condition Imposed under that they had not been informed castern shore of Mirs Bay, and they regulation 3 he shall be deemed to have contravened the provisions of It is also revealed that overal that regulation and without pro- of the move, and that they hadre said to be in full control there. no information regarding the thousands of Japanese regulars rejudice to any proceedings which may kreport. Ag N
cently arrived in Canton for the pur- be taken against him under regula- pose of carrying out a campaign tion 84 of the Defence Regulations, According to reports some him against strong Chinese guerilla 1040, os.applied by these regulations pieds, of Japanese regular . troopis forces in the Walchow. arda,
(b), he may, in the discretion of the
1040,
13
Hongkong Irish Cable Mr De Valera Urge Abandonment
say "the
The Loss Of Kassal
SPECIAL TO THE "TELEGRAPHE? military
LONDON, Jan. 20, (UP)-Military and political situations
their Other
quarters doclare that Italian casual- sources, explaining reticence over talking about the ties were approximately 2,000 killed meeting said: "The meeting repre- and wounded during the past six sents one of the more precise appli- months of fighting in the Kassal cations of the policy of total silence arce, while the British losses were regarding the developments which less than one tenth that number:
The recapture of Kassal is, au- are still in the process of formation
mofor In connection with important mill-thoritatively described as a
defeat for the Italians." tary and political events,"
Indo-China & Hongkong Shipping Negotiations
As you are still in the Colony and have therefore not complied with the condition above referred to I am to point out that you have thereby contravened the provisions of regu- Of Neutrality lation 3 of the Defence (Entry. Restrictions) Regulations,
Irishmen in Hongkong have published as Government Notlaca- tion No. 1208 in the Gazette Ex- cabled to Mr Eamon De Valera, traordinary of November 19, 1040, the President of Elre, strongly am now to inform you that en urging him to support the Bri- quiry is being made og
when Uish Commonwealth in its fight
Despite reports which are reliably stated to be inaccurate shipping accommodation will be first available to enable you to leave
against the dictators, and asking but which are printed below, Government declines to issue a full for Manila, and that the Poller will be him immediately to abandon his statement on the position of shipping traffic between here and directed in accordance, with the present policy of neutrality. Indo-Chinn for the reason that negotiations are still proceeding: provisions of regulation :d (b) The text of the cublegram which
course, acting on instructions to take you into custody shortly was despatched this morning, follows: and are not clearly defined. before the ship sails and
from Vichy, to secure a return to "Do Valera, President, Fire, Irish- An official said in reply to en- to the reciprocal trading facili arrange for your departure on it. men In Hongkong Join with com
I trust that it will be clearly patriots in Mainya and North Ameri- quiries, that the whole question ties which existed before the to do to is that to action referred en in strongly urging fullest support of shipping on this run had been Japanese agreement with French understood the |
co-operation with British Com- constantly studied and efforts Indo-China, wycho more threat, but that you will give monwealth of nations in the war were still being made to The original cancellation of the this matter your most serious against dictatorships, and Immediate secure through the French Indoervices was in accordance with the attention.
Galego abandonment of present policy of TURN to Page 3 Column One neutrality.
China Government who were of TURN to Back Page, Column; 5)
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