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Van convör
THE CHINA MAIL, FEBRUARY 28, 1989:
Perjury Convictions Quashed On Appeal
(Continued from Page 4),
+
sential before, a summary. conviction dis. for perjury, unless the statute pensed with it, which cannot be alleg ed in this case,
These appeals must be allowed; the convictions are set aside and the fines paid must be repaid to the appellants. There will be no order as to costs...
tion a partner in the Lai Hing firm, and that all they had said material to
In the present case it is cloar from that issue was a tissue of deliberate falschoods, Their Lordships think the notes of the learned trial judge that, having rogard to the nature of that no opportunity was afforded to the charge he was making against the the appellants to show cause why appellants, it did not admit of being they should not be summarily punish- ed and that omission alone is: aufe formulated in a series of specific alle-↑ gations of perjury, and that the gist ficient to vitlate the convictions. It of the accusation he was making ought is thereforo unnecessary for us to con- to have been sufficiently clear to them sider whether the perjury assigned to from the language which he employed the appellants sufficiently appeared to express it. They agree with the from the words which the learned trial Chief Justice that the alternative judge addressed to the appellants. course left open to the judge by the Victoria Ordinance of committing a witness as contem- Arrivo for contempt of the Court
plates summary proceedings on the Mar. 25 spot not involving a statement or trial But of specially formulated issues, Apr. 4 though, in their Lordships' opinion, the language used by the Chief Justice Apr. 20
was quite sufficiently specific to make the appellants aware of the pitch of the charge against them, they think that the Chief Justice should, before sentencing them, have given them, an opportunity of giving reasons against summary measures being taken. This need not have involved, as suggested in argument, the case being thereupon retried and witnesses called, which would have deprived the alternative course of the summary character which it is reasonable to suppose) was deemed important by the framers of the Ordinance who enacted it as an alternative to formal proceedings for perjury; but it would have given an opportunity to explanation and possible the correction of misapprehension as
Windy or wet weather plays havoc to what had been in fact said or meant,
with tender skin; protect your skin The Chief Justice treated Pollard's with She-Ko, the fragrant, soothing case as a binding authority, but as not ointment, and you will have a wind- applying to a case of committal for proof complexion. It only requires a perjury, notwithstanding the words of little She-Ko rubbed gently on the ex- the Ordinance "as for a contempt off posed parts before going out in rough Court." But the reason given in the weather to preserve the smooth, soft Privy Council for the rule is that cun- texture of your skin. tempt of Court is a criminal offence. She-Ko, by virtue of its antiseptic, A fortiori, therefore, it would be es-healing properties is, a splendid speci-
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