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TO-NIGHT'S DINNER
Consomme à la Italienne.
2. Fried Sole.
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THE CHINA MAIL, AUGUST 10, 1989.-
Solicitors Claim For Cost Refused
"BY A LONG, WELL-SETTLED IN CRIMINAL APPEALS NO COSTS ARE MADE EXCEPT WHERE, IN RARE CASES, A IN THIS CASE- CASE IS UNDERTAKEN MALICIOUSLY.
I FIND NOTHING THAT SUGGESTS REPRESSION OR MALICE," REMARKED THE CHIEF JUSTICE, SIR ATHOLL- MACGREGOR, SITTING WITH THE PUISNE JUDGE, MR. JUSTICE R. E. LINDSELL, IN THE FULL COURT OF AP- PEAL THIS MORNING WHEN AN APPEAL FOR COSTS WAS DISMISSED.
ECONOMIC RECOVERY PROSPECTS
London, To-day.
The prospects of further general economic recovery depend on the international situation, declared the Minister of Transport in a speech on the Tyneside to-day.
H.. Appellants were Messrs. M. Turner and H. J. Armstrong, trus- tees of the estate of Sir Paul Cha- ter, who were convicted and fined. $25 each on March 8 by Mr. R. A. D. Forrest at the Central Magis- pre- tracy for having unlawfully
No. 2, mitted the first floor of
used a8 Swatow Lane to be brothel..
Appellants appealed against con-- viction in the Full Court of Appeal,. and judgment in their favour was circulated on May 15 making no order for costs.
ณ
This morning, appearing on. be-- half of appellants Mr. H. G. Sheldon, of K.C., petitioned that the costs
the the appeal should be paid by Crown.
+
on
He went on: "If any improve ment makes some reduction in our defence preparations possible--and
no The Chief Justice remarked that there appears at the moment
al-
given sign of that very substantial
the final judgment was teration of policy in certain quar-May 15 and the case was closed as ters which alone can do.so-I be far as the Court of Appeal was con-- lieve the result would be demands
cerned. for the normal products of industry which the better, atmosphere be- immediately tween nations would bring about.'
In a final allusion to the issue of peace or war, the Minister said: our "We have at any rate made position clear, and we can face the future with that fortitude and re- solution which comes from a clear conscience and daily increasing strength."-British Wireless.
:
AMERICA'S COTTON LOAN TO SPAIN
but
no.
NO OPPORTUNITY Mr. Sheldon, replied that judgment was not given in open court circulated, giving appellants
costs. It opportunity to ask for was in the Chief Justice's Chambers. that it was
suggested that the only way to come to Court again was to give a notice of which had been done.
motion:
Quoting several legal authorities and cases, Mr. Sheldon submitted that the Crown should pay costs when'; unsuccessful. The general rule in England, said Mr. Sheldon, was that the Crown does not pay or receive costs, but this was not the general rule in the Colony of Hong Kong, where the Crown is in the same position, as the individual litigant-receives and pays costs,
the!
the
Mr. Sheldon submitted that New York, To-day, Warren Lee Pierson, president successful appellant was entitled to of the Export and Import Bank, costs, prior to sailing for Europe yes Appellants, he said, were terday, said that the cotton to be trustees of an estate, and the judg sold to Spain will be purchased ment in their favour was because in the open market and not speci-proceedings against them, from the loan- very beginning, were misconstrued. fically withdrawn from
This was pointed out, but the Crown stocks..
ex-persisted, and appellants were taken! He said that shipments are pected to start immediately, with to Court and convicted. Therefore, submitted Mr. Sheldon costs, should i shippers benefitting from the port subsidy. The interest on finbe granted appellants. ancing would probably be 3% per cent.
ex-
4
ENTIRELY WRONG Mr. J. B. Prentis, Assistant the Questioned on the possibility of Crown Solicitor, replied, that similar arrangements with other principle was clear that the Court countries, Mr. Pierson said that had powers of discretion in the
submission: the only other country which might matter of costs. The be interested in such a cotton ar-that a successful appellant had the rangement would be Germany, which right, without discretion, to costs Falready had private commercial was entirely wrong, he contended.
This was a case, continued Mr. credits with the U.S.
7
2
•
case
He admitted that the Export and Prentis where the Court had dis... · Import Bank had substantially de-cretion and not a case where re- - pleted its loaning capacity, but large straint must be exercised. Appel- repayments of outstanding loans länts must prove that their were enabling the bank to assume was one that did not come within its part in financing the Spanish the general rule that the Crown:
does not pays or receive costs. deal. Reuter A sum of $1,000 was stolen from Chan Wing, residing at the Nam Fong Boarding House, has inform-Mak Yuk-leung, of No. 48 Desen ed the Police that his pocket was Voutex Road West, in Bonham picked of a wallet containing money Strand yesterday afternoon. - and articles to the value of $846, Mak was walking in the while travelling in n tram between when an unknown man bumped the Central District" and "Wahchat | him, and extracted the hotea
his upper jacket pocket. about noon yesterday.
WELL TREATED
The appeal was disallowed.
122
widow was fined Mr. H.-W. Fraser told the Court Houston this morn-that the girl was presented to the falling to report sses-1 defendant when she was four years: Tong - Chuen-ho, old, and was well-treated,