1948-09-02 — Page 1

EXQUISITE FACE POWDER

Colonial Damer

HOLLYWOOD

SOFT AS SILK,

DESIGNED FOR

FLATTERY

SOLENGHIS NAN HÀNG CONG DONG

For the Proprietor of

HONGKONG TELEGRAPEL, Pe and on behalf of

SOUTH CHINA MOJNING POST, LTD.:

thanke

The

TODAY'S WEATHER: Light variable winds; fine.

I p.m. Observations Barometrio pressure, 1003.0 mbs., 29.02 in. Temperature, 99.2 dex. F. Dew Point, B2 der. F. Relative humidity. 76. Wind direction, Boutheast. · Wind force, z knots,

Low water: 6 in. at 408 pm. High water: 4 ft. 0 in. at 10,43 p.m.

Hongkong Telegraph.

VOL. III NO. 207

Assassination In Havana

Havau, Sept. 1.-A group in a speeding car today ASEDA- inated Itian Arevalos, 52. veteran Cuban antt-Communist labour leader, as he stood on a corner in suburban Lawion waiting for a street car.

A hall of bullets kilted Senor Arevalos. A student was also Injured in the melce. The as- sasalna escaped.

Renor Arevalos had returned only recently from New York Cily, where he was invited by the Congress of Industrial Or- #anisations to deuss Latin- American labour problems. Ile also conferred with American eleration of Labour traders in Washington,

A native of Spain. Seuor

Arevalos had long been an or- zanlser for the AFL. In Cuba and In Latin America general- 19.Unfled Press,

Typhoon Brings Loss Of Life

Luzon Destruction

Manila, Sept. 2.—At least five |

THURSDAY, SEPTEMBER 2, 1948.

COWIE LOSES LEGAL

ARGUMENT

Estopped From Saying He Was Not Guilty

Of Misconduct

In a written judgment in the Cowie case delivered in the Supreme Court this morning, Mr Justice Gould (Acting Puisne Judge) said that in his view of the law he held that William Henry Cowie, ex-Sub-Inspector of the Hongkong Police, was estopped from saying that he was not guilty of misconduct. The judgment concerned a legal issue in a claim for damages brought by Cowie against the Hongkong Government for alleged breach of contract for wrongful dismissal.

BENES STILL

persons were killed and damage UNCONSCIOUS

to public works and crops was estimated

Prague, Sept. 1-Former President

in millions of pesos Eduard Benes was still unconscious as a result of torrential rains tonight and his condition was still and flood brought by the "extremely serious" despite several cut small improvements, his doctors auid typhoon Gertrude, which across

Central North

Luzon a bulletin from the Pacific Coast, north- west of the China Sea.

One

person

|

After judgment had been delivered, it was agreed that an argument in connection with the present case as to whether it would be open to Cowie to raise in this action the question of breaches of natural justice occurring in the proceedings before the Board of Enquiry, be heard on September 14, 15 and 20.

M.

ol

the

conduct rtical tect

the to bring pubile service into disrepute by whilst out duty receiving 550 from Chun Yu-tong, a person with whom he had come into contact in the course of this duty...." If the $50 was, for example, the return of a

Giving judgment.

Justice Gould satd:

The plaintif was employed by the Goverment of Hongkong as a His temperature had dropped to Sab-Inspector of police under an normal but his blood pressure was, agreement dated the 21st day drowned in being kept up "only by the medten, December, 1946, which contained was

he (inter alla) Manila's Pasig River, while reports efforts," the bulletin sold.

a provision that loan made by the plaintif to Chan would obey the

of

while on Yu fong, its acceptance from Hollo zaid three students----in- The doctors statement said that Pollee Force Ordinance.

provisions eluding two co-eds were drowned the improvements noted bore

1932 anduty could not be said to be calculated nony Ordinance nmending or

sub- to bring the public service into when their

Inlo Jeep plunged

promise of any general Improve-US One person Tive in leuvy rain.

constituted for the same and all rules, repute. I think however that the charge proper must be deemed to was killed in Baguio and 23 Injured. Dr Benes has been

be conduct calculated to bring the when a trick carrying a gang of us since Tuesday morning at his

panic service into disrepute" under.

And country home at Sezimovo Usti and labourers plunged over a precipice.

that the remaining words were It is feared the casualties with his death is expected at any mo-

designed to bring to the plaintiff's mount when reports come in from thent. He suffers from hardening wa

mind the incident to be relied upon the provinces after disrupted com in the prteries.--Associated Press.

Iso as to prevent surprise. munications are restored.

*MANILA UNDER WATER

At least two-thirds of the Manila aren is under water and numerous offices, schools and shops have been forced to close.

Thousands uf employees and workers waded to work this morning as flooded streets stalled vehicles and snurled

in many transports

uncon-

The Ruttonjecs

In Paris

regulations and

and orders made there- There was a further pro- vision without prejudice to statu- tory powers that the Government might dismiss him if he should in any manner misconduct himself.

In the year 1947 the plaintiff's

Dat

conduct being in question, a

It is a necessary implication of the finding as a whole that the of Enquiry was appointed

circumstances of the receipt of the disciplinary regulations made pure $50 were held by the Dourd to be suant to Section 12 of the Police

bring the public Force Ordinance, 1932. A charge such a would

service into disrepute. The plaintiff was preferred before. the Board in-this action-has now in his state- Faris, Sept. Mr J. IL Notion- and the finding of the Board was ment of claim pleaded that he was

well-known .jee. the

rot guilty of conduct calculated to Hongkong dels forwarded to the Commissioner plates. In one district of Manila, merchant and prominent member of of Police and by him to His Ex-bring the public service into ts- On the 27th repute and the defendant iras the water reached 11 metres high, the Indian, community in the city, cellency the Governor.

clay of August, 1947, in view of pleaded the opposite. That question n 10-day has arrived in Paris for Mayor Manuel de ta Fuente estimated damage to city streets at business and pleasure atay, accom- that Anding the plaintiff was dis- is therefore in issue and the defen-

unter Section 10 of the dant claims that it is res judicata. panied by Mrs J. H. Ruttonjec, their misred

He

RES JUDICATA Metropolitan Water District said the Son, Mr Dhun Ruttoned, the Hang- Police Force Ordinance. 1932.

the kong exporter,

Dhun as brought the present action for protecting the pumping station Buttonjee.

for wrongful dismissal damages at Cubao, Just outside Bortheast

ming the Attorney General BS Manila, gave way, disrupting water The party, who have been 12 days defendant pursuant to Section 470 service to surrounding areas.

in Italy, 10 days in Switzerland and (1) of the Code of Civil Procedure, Government weather

nt a week on the Riviera, will leave Manila International Airport yester- Paris for London on September 10. dey recorded 4.58 inches of rain, where they will 'spend a' fortnight one of the highest marks in many before returning to the Far East --- Barons. United Press.

Beuter.

more than

1,000,000 pesos.

EDITORIAL

THE

men

The

The Tension

1uamuch

structions

41

talks

and the

Har bargaining which have been color on for to Jong In Moscow site welcome signs of bearing fruit.

that, nellag

in- from the Soviel capital, the four allied comman- in eru have met anin ders to discuss the two vital questions in the Berlin crisis-the urting of the Soviet blockade Institution of,.a single currency. These are thé two obvious issues at stake, but it is unlikely that Mir Stalin and his colleagues consider tho surrender

the. of western mark as sufficient onli pro quo for raising the Berlin blockade.

the What

world awaits now is some indication. as to the full extent of, future negotiations to which the Western Allies

and

Russia layn com. mitted themselves. While the Berlin dispute is of tremendous

outstand Importance there are

differences concerning Ger. many of far greater magnitude, Unification is the ultimate prob lem to be solved and all other Iues lead up to that, Where-

fore. while the diceussions be- tween the Berlin commanders are thero certain to be spotlighted,

desire to will persist a burning know what other channels the Allled envoys and the Kremlin pursuing. Blicking in

ard

Stalin's throat, of course, is the creation of the Western Union, the existenos

tho of which Nusslan generalissimo probably regards as A KTOMA plece of

Thic effrontery.

Unlon could

conceivably

in

Mrs

Eases

it la

or

It can stimulate political rup. tures which in turn are capable of being developed into a display

POINT OF LAW

P'uragraph of the Statement of Clan

follows:

On 12th August, 1917 the Plaintiff held by Departmental Board of quiry to have committed the offence the of seonduct calculated to bring

blic service into disrepute by whilst chan us duty receiving $30 from leur, a person with whom he had come into contact in the course of his duty Campoering him inspect vehicles that Bey were in roadworthy ronition."

4 of the Statement Paragraph Defence as sumended) is as follows:-

the "4. The Defendant BATH thast Printify ought not to be admitted in tay that t was not guilty of mal Conduct as set out in paragraph 7 of the

i

The essentials of a vaild plea of res judienta are set out in Spencer Bower on Res Judicata at page 9. They are as follows:-

Princess Aud Marquis

Dino

At the

For

P.G.

Reservations

Tel: 27880

Price 20 Cents

UNREST ON SIAM BORDER

Penang Murder

Singapore, Sept. 1. The Siamese Government today sent reinforcements to quell the mounting Communist un- rest in the Siam-Malaya fron- tier districts, it was authorita- tively learned in Bangkok.

The Siamese Cabinet Was understood to be acting on report from the Minister of Defence, General Luang Chat- nakrob, who is now inspecting the frontier situation.

1 Mulayn, a Reuter despatch reported, Royal Air Force planes and ground forces launched a new offensive in the Kuala Lumpur area today-which Malayan Communists were reported to have named "Zero Day" for the full mobilisation of their forces,

An AF communique said that Benußghters red rocket salvocs tnto a suspected Insurgent camp pear Kuala Lumpur.

As well an Siamese police, mliltury and naval reinforcements, д squadron of the Royal Siamese Air Force was ordered to move south- ward to Prachuad Kirkhan, in the Isthumus

of Kro, to reinforce u squadron of 10 Slamesc planes stationed at Singora.

SHOT IN HEAD

The Malayan Federal Government today affered a $5,000 reward for the murderer of Dr Ong, Chong- keng, the Chinese member of the Federal Legislative and Executive Councila, whose body was found last night on

1 lonely path on Penang Island.

Princess Margaret Rose walks with the 22-year-old Marquis of Blandford at Ascot race track. Their names have been linked romantically.

the The Marquis is the son of the Duke of Marlborough.

LI CHAI-SUM PROMISED

HONGKONG ASYLUM

is

SO LONG AS HE BEHAVES HIMSELF

Washington, Sept. 2.-A British Embassy spokes- man said today that Marshal Li Chai-sum, leader of the "Revolutionary 'Kuomintang Committee," which advocating the overthrow of the Chiang Kai-shek government, will have an asylum in Hongkong political refugee unless he begins organising a military revolutionary force or makes some other move which could be interpreted as a "menace to amicable rela- tions with China,"

(1) that the alleged judicial decision was what la law is deemned such:

decision that the particular judicial Felled upon was in fact pronounced, an tribunal alleged: titi) that the Judicial pronouncing the decision had competent jurisdiction in that behalf; iv) that the judicial decisions was final; (v) that the ar involved. A judicial decision wat determination of the same questions Czech refugees in England. He said that ought to be controverted in the the providing of sanctuary to politi- the estoppels cal refugees is "traditional British tigation in whileh raised: (v) that the parties to the practice.

skott was conclusive in rem.

The spokesman said Marshal LP's to that of situation is analogous

дз а

Dr. Ong.a well known supporter of

anti-guerilla campaign, had four or live pistol wounds in head and one in the shoulder.

tho

Until his murder, Penang had been regarded as a safe area, and many European women and children have been evacuated there from the

mainland.

That

The Stralis Times reported today

there were 1,500. well-armed Chinese Communists in camps in Slam near the Malayan border,-who. formed a "real and serious threat to

armed police, one regtinent of infantry and a number of naval patrol boats were moving towards battle posts In southern Slam

near the Malayan border, a Reuter despatch. from Bangkok Bald.

The Slámese Cabinet will hold a special meeting on Saturday when it is expected to proclaim a state of emergency in the four southern districts.

Bangkok

newspapers to-

day reported sporic clashes be-

tween Siamese police and Chinese

maintain that it is Chinese soil, be- Communists in various places near, cause it is on China's mainland. the Malayan frontier.

the

Kedah

The spokesman said that in addi-

In one clash near tion the smuggling problem is ex- State border, these reports said 300 tremely dimeult due to the nature well armed Communists were in- of the Hongkong

de "all

judelal decision, or their privier, were the same persons as the parties to the The spokesman said the only out-proximity of the coastline and the volved. Ten of the insurgents were China coast. He killed and several policemen wound- Sald of proceeding in which the esupped i standing point of disagreement be-

co-operative

ed, agreement has raised, or their prives, or that alle deci- tween the British and Chinese gov- not yet been signed but the British CIVILIAN CASUALTIES

have

facilities" available Crnments in negotiations for a regu

authorities Chinese

It was announced in Kuala Lum- and lation of trade between Hongkong to the

the civilian and the permit Chinese officials to accom- put tonight that

Service casunities pany British customs patrols,

in the terrorist Referring to the Chinese charges | campaign between June 10 and that the British are providing sare- August 31 exceeded those among the lunry to several persona sought by insurrectionists.

(Continued on Page 5)

(Continued, on Page 5)

an-

no

the mainland

concerns

Berlin Military Governors Discuss Currency And The Blockade

four in'

to

allow

Berlin

Of there (i) is admitted by Para. br used. if the

7 of the Statement of Clains and it Western powers felt so dispused, as a powerini bargaining weapon

Starment of Clans bine Cf the fact, fa agreed at the Board's Andling rship of the reclaimed land on

Plaintiff with the of the finding of the Heart of Enquiry was sent to the for a change in disposition on the

which al

Judicially retter of dismissal. That the Board Kowloon Peninsula. He said the the subject of determined and not part of Russia. On the other

had jurisdiction to make its decision British reclaimed land from the sen hand, its existence

was and made numerous Improvements, appest." well

been disputed. might

The point of law raised by Para- has not nuke

It possible for The

raph of the Statement of Defence constituted under Regulations having Including an airport, but the Chinese Soviets to

budge from their

was set down for argument before the force of law for the purpose of prescal "tron curtiin" intransi

From the Kremlin's point

trial on the basis for the purpose of just such, enquiry us was held; the cence. of view our of the most serimis

the argument that the proceedings of plaintiff was subject to the Regula- tions from his very position as a Boaxt of Enquiry were regularly Sab-Inspector of the Police Force Western aspects of the

the Union Is that it eliminates Russia from

conducted in accordance with the rand by his contract. Counsel did

letter possessing

gulations. I will not set out the i Influence

Board any

had slon argue that the in extenso but they contain provision jurisdiction to reach a final judg- control

ΟΥΕΣ the Buhr, the principal and richest industrial for (a) Framing

charge

Dment but that is another matter. of an charges; (b) Appolutment area in Germany. Economically.

IDENTITY OF PARTIES officer to

prosecution resent the at any rate, the Western Allies

Berlin, Sept. 1-The

Trains were standing by on the tary Governors The Inst point, Identity of partles, case; (c) Defendant to present his possess the strongest control

although argued by counsel for the Allied Milltary Governors British side of the zonal frontier, | representativen to take part in their own case or be represented by

1wo present series of lalks. where they have been for though Germany.

other mapector as counsel; (d) Right plaintiff is in my opinion perfectly Germany spent almost three months, ready to rush coal to Berlin

Lord Dr Friedensburg, Deputy dangerous responsibility because

of appeal to the Commissioner against clear. The plaintiff was a party in composition of the Board; (6) De- each case and the opposite party in hours tonight discussing prac. should the blockade end, a British Mayor of Berlin, announced this do-

The tical steps for a unified currency official said.

cision after a meeting of the City livary of charge to defendant and cach case was the Crown.

The French-llcensed newspaper, authorlues. access by him to records; (f) Plen at ceedings against the plaintiff was the month-long four-power talks way line between Holmstedt frontier not expected by the Russians that Interest of the Crown in the pro- for Berlin-the first fruits of Kurier, reported today that the rail- of military might. But It the muilty or not guilty to charge; (K) that of his employer and it is in

Political circles said that it was present turn of

lead

Taking and recording evidence on ultimately to

the in MoscOW." peaceful

both sides and cross-examination by Crown, as alleged in the

capacity of an employer that

point and Magdeburg had now been the request would be granted, Not controversy,

present Afterwards. It was announced ment of the Berlin co

completety

and could repaired

evon the British and the Americans, defendant; (h) Recording of lindings will have been

that a further meeting would take opened to traffic at any tima. proceedings, has committed n wrong- on the charge which findings must be ful act. The crown must essentially place

of the Berlin who are supporters tomorrow. The Algns, so far complished.

The Military No offical communique was issued City Administration, are in favour forwarded to the Commissioner. as they can be real from the

.act through agents in all matters and ¦ Governors wero gold by Russlan on the matters discussed at this even-of auch participation, these quarters meagre Information, are that the

It is not material that those agents sources to have tackled all aspects ing's meeting but it is believed the added. It Western Powers are prepared to

is then provided that "The differ in the two proceedings.

of the Berlin crials-currency, chlef subject was the withdrawal of willdraw their now mark and Commissioner will either make his The question of finality (No. iv administration and lifting of the the Western currency from the city The chairmanship of the current

also award or forward

be disposed the proceedings above) can

of blockade.

among and the introduction of the Eastern meetings will rotale daily recognise only the Eastern Ger-

considered the with his many mark in, exchange for the

tommanders, it recommendation to the Driedy. The Board

The same sources said the four- mark into the Western sectors under the four military Governor through lifting

was learned from a reliable source the matter referred to It power committees of finance, trans-four-power control. Colonial whole of Soviet

tho of Berlin

the blockade

Secretary," resumption

The short and the

question

stion and gave a decision which was not port and trade officials which have The Western mark fell rapidly on here today,

tem been meeting alice "yesterday are the Berlin free market today. Curb

in the case of the Moscow argued before Jule

whether witain the

her in any way conditional or .mo nt least

the marks

finding

carried on by of the Board porary--it was complete and certain expected to finish their work to dealers who were yesterday giving regollations being was the Anding of a quasi judicial and in no way subject to rescission morrow and to present the Military three marks 30 pfennigs in Eastern the three Western envoys, die beginning of the end of the Berlin "cold war" even if only

tribunal rufficient to

the roview or modification by the Board. Governors with definite plans, currency for eng mark in Western have met with Marshal Stalin and temporarily.

The Military Governors them-currency were today offering only the Soviet Foreign Minister, M. The crisis is not

plaintiff from now anying that, he It was the decision of the matter

these. Berlin was not guilty of conduct calculated in question before the Board and selves aro yet over, but the tension has

talka are an extension-the by Friday, when few takers, to bring the public service into dis-was in form to be acted upon. finite concluspected to reach de- two marks 20 pfonnigs and finding Molotov-of which ensed.

repute. The chargo as framed in, Finality from the point of view that they will forward their reports to The Berlin City authorlies tonight|gress of the discussion has to say the least, peculiar

"(Continued on Page 5)

their respective Governments. agreed to ask the tour Allled Bill-kept secret-Router.

of four-power osplial. That,

Ycals

can

scitic.

RO

PECULIARLY FRAMED

estop

the

www

be

Ая

who

pro-

been