SHOWING
TO-DAY KING'S
At 2.30, 5.10,
7.15 & 9.30 P.M.
The Story You've Always Wanted To See On The Screen
A VALIANT THREE, IN A LAND AFLAME!
THE CHINA MAIL, MAY 1, 1939
ROBERT LOUIS STEVLASON'S
Kidnapped
"with a cast of 5,000 featuring.
WARNER
FREDDIE
BAXTER BARTHOLOMEW ARLEEN WHELAN,
C. AUBREY SMITH REGINALD OWEN
Also Latest FOX MOVIETONE, NEWS
NEXT CHANGE
Columbia Picture:
+ SHOWS DAILY 2.30 -6.20 720-9.30
"SMASHING THE SPY RING" with RALPH BELLAMY . FAY, WRAY
MAJESTIC
THEATRE
NATHAN ROAD KOWLOON TEL 57222
(MATINEES:20<.-30. EVENINGS: 20..-30«-50-70%)
· TO-DAY AND TO-MORROW
THE FUNNIEST SLAPSTICK COMEDY OF THE SEASON !
Step night up, folks
...AND MEET THE HOWLING MODERN HERCULES OF HILARITY!
DAVID AL 10EW presents
JOE E.BROWN THE GLADIATOR
MAN MOUNTAIN DEAN · JUNE TRAVIS · DICHIE - ROBERT KENT MOORĖ - LUCIEN HITTLEFIELD
by Twoski Meların sat ATELLA PIZALNI
WEDNESDAY, ONE DAY ONLY! •
RETURN OF AN “OLD FAVOURITE”
IRENE DUNNE
CARY GRANT
HAPPY LANDING IN FLORIDA.—An_old flying boat perched. on the roof makes a striking landmark for this restaurant near Tam-
pa, Florida,
NO PREROGATIVE OF MERCY IN COURT OF CRIMINAL APPEAL--C.J.
PLEADING FOR THE EXER-Į through falling, following a blow with CISE OF MERCY, MR. HIN. defendant's truncheon, or a direct blow from defendant, Mr. Lo stated that if SHING LO, INSTRUCTED the injury was caused indirectly it BY MR. J. M. HALL, APPEAL ED ON BEHALF OF BANTA SINGH, INDIAN CONSTABLE
would not have been so serious.
The Chief Justice pointed out that defendant was charged with malicious wounding for which the maximum sen-
NO. B97, AGAINST FOUR tence was three years' imprisonment. MONTHS' HARD LABOUR IN Defendant, stated the Chief Justice, re- THE COURT OF CRIMINAL APPEAL THIS MORNING BE- FORE THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR.
ceived a very light sentence of four months' hard labour, therefore the Ma- gistrate must have considered the me- dical evidence that the injury sustained indirectly, before passing sentence of four months' hard "labour.
Was.
The appeal was dismissed, following Mr. Lo continued that inference Mr. Lo's arguments. Mr. J. B. Prentis, must be drawn that there was an ex- assistant Crown Solicitor, was not ask-change of abusive words between com- ed to address the Court.
plainant and defendant before the at- tack and this must have been provoca- tive.
Complainant was alleged to have been assaulted by appellant when the former arrived a few minutes late to relieve the latter on duty...
Counsel said that the application to appeal against conviction was based
on
the assumption that in arguing against sentence the appellant may ap- peal against conviction at the same time. Counsel suggested the Chief Justice exercise inherent jurisdiction over the case, and allow appellant to appeal against conviction, which was not filed during the periódˇallowed by the Magistrates' Ordinance to file an appeal.
STARTLING SUGGESTION
Chief Justice: "Mr. Lo, are you suggesting that I interfere with the magisterial proceedings in the Co lony?"-"That is so, My Lord.”
Chief. Justice: "That's a rather star- tling suggestion."-
Mr. J. B. Prentis, Assistant Crown Solicitor, said that both Mr. Lo and he had searched to find authorities on the point but were unsuccessful, and added that the issue was in the hands of His Lordship.
Chief Justice: "Mr. Lo, can you produce authorities which say that abusive words are provocative?"
CAREER RUINED
Counsel replied that he could not, and added that defendant had been in the police force for three years. A career ruined following a sentence of constable, said Mr. Lo, has his whole.
even one day's imprisonment.
is looked upon as a trouble-maker. If "When he returns to the village ho
trouble breaks out he is the first one. the village elders would get hold of."
Chlef Justice: "That's too bad." Counsel urged the prerogative of mercy, but the Chief Justice said that the Court of Criminal Appeal had none.. and added that Counsel must show that. the magistrate proceeded on the wrong. principle and that the sentence was manifestly excessive to justice.
Mr. Lo continued that common sense and imagination would draw the infer- ence that there must have been some provocation which led to the assault.
The Chief Justice dismissed the ap-- peal.
Chief Justice: "Mr. Lo based his submissions on the inherent power of "This is an appeal," His Lordship the Court. If the Court had such pow- said "against sentence, by an Indian. er it would have been unnecessary to Constable who was convicted on March amend the Magistrates' Ordinance of 24 for maliciously wounding & Chineso- 1935. If the Court yielded to Mr. Lo's constable who was sent to relieve him. submissions, it would mean that the on duty.
time limit allowed an aggrieved person"As a result of an unprovoked attack,- to file an appeal, would be meaning- complainant received an open bleeding less.
wound caused by the truncheon of ap "When I state the logical outcome, of pallant and sustained a broken ankle. the submissions, it is quite manifest It is clear- the orence committed.. that I cannot have such Inherent pow. was a serious one." fore limited to sentence, and, sentence NO PREB
er as suggested. The Appeal is here- "THE AWFUL TRUTH"
・・・・ A Columbia Picture
EXPRESS SERVICE
ONS, including bread and butter.
portion.
alone."1
The
Mr. 1o argued that the learned. My careful gistrate appeared to have accepted, the four whole story of comple
ently. reikted
tirely – M3 Lo con
gistrate did not.
story which, althot
a tissue ar lies;
BROKEN ANKLE
and appartened
an
tive his he Majed to.
ised as App
Gourel pointed out that. medi
stated that the" broken
oikely to have been caused
what difference it made whe
"I have no appellant
tence was
gistrate did not
VIVE OF MERCY
lainant's ankle was injured. principles." Sentence is