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in the Spectacular Historical Romance
WOCHEM TIEN
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Boris Barion Bela Lugosi
DAY in “SON OF FRANKENSTEIN”
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TO-MORROW
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SALLY, EILERS LOUIS HAYWARD ANNE SHIRLEY
RKO - RADIOS PICTURE Story and sorMÁN - play by Lionel Houser
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THE CHINA MAIL, APRIL 13, 1989.
APPEAL IN WANCHAI STABBING INCIDENT
FOUR CHINESE SAPPERS, ATTACHED TO THE ROYAL EN- GINEERS, APPEALED AGAINST CONVICTION AND SEN- TENCE BY MR. R. A. D. FORREST, SENIOR MAGISTRATE, BEFORE THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR, IN THE COURT OF APPEAL THIS MORNING.
All were represented by Mr. Peter, H. Sin. Mr. J. B. Prentis, Assistant Crown Solicitor, appeared for the Crown.
Ho Yau who was sentenced to six months' hard labour for assaulting and wounding Tam Sing in Lockhart Road on March 6, appealed against the con- viction on the ground that there was in- sufficient evidence.
Mr. Sin submitted that the convic- tion was not justified and asked that notes, entered in the depositions by the Magistrate, following the lodging of the appeal, be disregarded.
Mr. Sin continued that the evidence must be conclusive and that the Ma- gistrate could not infer that must have been a wound because there was a hole in a jacket, which might have been caused by a knife,
FOUND WRONG
CUSTOMER
"I cannot reduce the sentence, but you can appeal if you wish,” said Mr. Q. A. A. Macfadyen this morn-
ing to a rickshaw puller, about 40 for years of age, who pleaded there leniency because he had been un- der the influence of drink. He stated that he had no trouble with the Police since he came to the Co- lony more than 20 years ago.
the
Mr. Sin submitted that the prosecu- tion had failed to prove that there was a wound, which in the legal sense did not mean a mere scratch." There must be evidence of the continuity of the skin having been broken. It was also, contended Mr. Sin, not sufficient to prove that there was blood unless it was proved that the blood came from a from Parkes Street to a brothel in wound. No medical evidence was pro-Wai Ching Street.
He was charged with soliciting.
informed Inspector Kellet Court that the rickshaw puller had taken a European in his ricksha
duced as regards the wound and nature "It is common knowledge that of the injury, or evidence of appellant being in possession of a knife or dag-rickshaw pullers are the mediums of the brothels," the Inspector add-
ger,
Replying, Mr. Prentis contended that | ed. there was ample evidence that
com- Sentence of three months' hard
plainant was cut on the arm and chest.
and that the Magistrate was perfectly labour, was imposed. justified in inferring from the evidence that the blood did come from a wound. Disallowing the appeal, the Chief Justice said: "The case is unsatisfac-
tory. The Police case was extremely HAIR-PULLING
scanty, no knife being produced. But the my only duty is to pronounce on sufficiency of the evidence, There is an express statement that a knife, six inches long, was used, and, as a result of its use, complainant was cut on the
CONTEST-
arm and chest. There was a wound having
and, therefore, the appeal fails.".
Jealousy, resulting in two women B hair-pulling contest, brought them to the Kowloon Ma- Mr.
In the second appeal, the three sap-gistracy this morning before pers, Wong Tim, Kwong Chung and LoQ. A. A. Macfadyen. Ka-po, were sentenced to three months'
hard labour for possession of jack-
One woman, 53 years of age was
knives fit for an unlawful purpose. alleged to have assaulted the other, On behalf of appellants, Mr. Sin sub-32 years old, last night, because, mitted that sentence was manifestly
of
excessive and wrong in principle, as she alleged the young woman had was the maximum sentence which could taken her husband away. have been passed. The evidence show- A. 15-year-old boy, the son ed no allegations that appellants were the older woman, was alleged to involved in fights or disturbances. The offence was trivial in character. They had in their possession their own knives which they were permitted to carry in barracks,
There must, Mr. Sin contended, be some proportion between punishment and crime.
and
Mr. Sin pointed out that the Magis- trate did not inquire into the records of appellants although these were avail- able through Inspector Darkin Captain Matthews, who were present at the trial. Had the Magistrate inquir- ed, he would have discovered that they had a cleap and good record.
The Magistrate, said Mr. Sin, did not treat appellants as respectable mem- bers of His Majesty's Forces but as a gang of hooligans. He asked that the sentences be reduced.
on
have taken part in the fighting. Mr. Macfadyen placed them a $5 bond to keep the peace for one year.
VENGEANCE ATTACK
^ Before~ Mr. R.A. D. Forrest this morning, Hung Kam-chung, 31, waa charged with causing bodily harm to Cheng Chi-kor, a street coolie.
Det. Serg R. Mcvey told "the Court that defendant committed Referring to the depositions, "the Chief Justice pointed out that the case larceny some time ago, and com- of the third appellant was 'distinguish plainant caused his arrest. able from first and second appellants, After he came out of jail he being of a much gräver nature, Third attacked complainant with appellant had stated that when he heard there was a free-for-all he ran back and got his knife,
mer.
am-
Defendant was sentenced to six The case against first and second #P-| months* hard labour, and recom- ellants, stated the Chief Justice, was
mended for banishment, less serious. First and second appel- lants had committed a trivial offence almost technical, whereas third appel- lant had frankly admitted a more ser- foues affence.
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