Page
SMITH CRITICISED AT CONSPIRACY HEARING
1
"I submit that no one can form any other impros
sion than that Smith was the most unreliable type of witness in transactions of this wort. The conduct of the man, since his arrival in the Colony showed him to be an adventurer and one not to be believed even on oath." The above was one of the submissions made by Mr. P. J. Griffiths before Mr. J. Wicks at Kowloon. yesterday on behalf of Wong Chiu olias K. K. Wong, Cheung Yung and Cheng' Yim-san, who are being charged with conspir- Ing to steal $1,105,440 from the Hsin Hua Enterprise Co. of China Building, between July 15 and 21.
The case for the prosecution, I wanna be miside Use maghinte's conducted by Mr. W. A. Blair- pwera.
Kerr, Assistant Crown Sali- cine, closed on October 27, the sixth day of hearing.
boiled
Mr. Cirths guil thst 11 evidence which háil hoen put for- ward by the proseguitiuzza down to that given by Saith, by the police as to the men versations between the :{**tp1t1 ureured (Wong), med statements of that Areusel,
1
Referring to Smith' ezidencë, Hai ar otel has counsel sand heard the evidence et Bat natt! and his
eboss-exanoleation length, and that, the wome Butt, bone can forent atrz alley impresson them at the tout wats
mast sincelable type of wil in intaction of this 306
A. Grihs went on to refer to Smith's contract to sell the furni
Lure
"It it had en He other way round, it would have been t
rimini affence," said eumisel.
Saith did not merely act as 24 spy by Lifting back sd listening ir, but he went so far as to advise the alleged conspirators, counsel
1
instance, sampon South's advice that a Fluid he engaged to bring the Inotex over to Kowloon after the cheque had been rushed.
313 2011
Advising And Provoking
rti
Mr. Griffiths gave as an analogy the Supreme Court which amond a charge on indictment but mut to wipe it out and substitute a new charge after evidence had been heard.
Afkr
asking that a written judgment should be given, should the court decide against him on his submissions on the pots of law raked, Mr. Grimus proceeded i
ms that the third and fourth accused (Cheng and Yung) had no ense to answer.
10
The sole evirlenice given against them was that they were present of both the meeting in the tex- hotze
and at 17 Homantic
Trout. Throughout the whole time, these two aceited had spoken in Cantonese and were spoken to in the same dialect,
There was na Cunionese Inter- unter present with the police nt elther of the two meglings who could overlwar and give evidence as to what the two men sait,
Not An Agreement
The prosecution had failed to prove agreement briween the third and fourth acensed and the second defendant and the man who find jumped his bail. Thair mere presence at the two meet- Ing could not be inferred us an agreement to the alleged COR spiracy.
J.
Detective Sub-Inspector Moore, who represented the pro- accution in the absence of
Mr. Blair-Kerr, sail that the thirt
+
THE CHINA MAIL, TUESDAY, NOVEMBER 2, 1948.
Labour Group Chinese Business Marks Merchant's Day With Party
Inaugurated
The Hong Kong and Kowloon Labour Association was for mally inaugurated yesterday, at the Ying King Restaurant. Many political and labour leaders were present including Mr. Li Tai-chlu, head of the Kuomintang Bureau for Hong Kong and Kowloon. Picture above shows Mr. Fung Hol-chi, Chair- ("China MAII" man of the newly formed labour organisation,
Photo)
Cattle Ship In Port
En Route To Australia
With four Mustang fightors firmly lashed to hor masts--two fore and two aft-the ss. Nankin arrived here yesterday from Kure with more than 5,000 tons of war materials in transit for New Zealand and Australia.
The aircraft, partly disasÆVIN- ble, belong to the Hoyal Aus- traktan Air Force unit stationed in Japan for occupation opetation. They are under the care of two HAAF airmen, who will disem- tark with the planes at Sydney. They are all in good working or- der.
Defendant's Allegation Discounted
Wis
The local Chinese business community commomor- ́ated Morchants Day with a cócktail party at the Hong Kong Chinese Chamber of Cöm- merce yesterday.
Many foreign guests were invited to the party held at the renovated premises of the Connaught Rond, Central.
Personalia Chamber,
In the absence of the Chairman. Among the passengers, leaving the Vice-Chairman of the Cham- for her, Mr. Wong Slk-key acted as by Hong Kong Airways Shanghal tomorrow will be Major the host. On behalf of the Maurice Raymond, French Assist-Chamber he presented Sir. M. K ant Military Attache, French Em-Lo, legal adviser of the Chamber, bassy, Nanking,
with a souvenir.
*
"in celebrating this occasion.
and to of our
Week-end departure from the we, do not mean merely to hold Peninsult Hotel included Mr, and a party. We may try to infuse Mrs. C. A. A. Robertson, Mrs. K. some now Inspiration into the E. Parrish, Mrs. J. W. Anderson, commercial..communlly Mrs. J. Grant, Mr and Mrs.accelerate the progress S. Whitley, Mrs. Gottesman buyiness sald Mr. Wong. Mrs, M. K. McCloskey. Mr. and He added: "As long us the pro- Mrs. Jack Chino, Mr., and Mrs. verb Holds good that Union B Wright, Messrs, B. Africa, J. M. Expine, A. E. Houseman, W, Flettrength. cher, It, R. Nandy, J. Grant, L. de Leon, L. F. Smith, M. Menler T, 13, Parmar, G. W. Langdon and J. Ho:crip.
I earnestly hope that from now on, our merchants will further realise the necessity for being well organised and strong- ly united.
am sure that you will agr
mr that with collective
MY
will
Among the new arrivals at the Peninsula Hotel during the week force,, unselfish aims and
Co-
d were Mr. and Mrs. C. Loperative spirit, we shall find an Mr. and difcutty, in solving any problems Frederick, Mrs. Wrins, Mrs. Max Sack, Mr. and Mrs that may confront us from timT George Phillips, Mr and Mrs. Hoy to me.
P Ray Jung. Mr. and Mrs. Peters, Mrs. M. Moros, Mrs. I.cial and cheerful item in Kaye, Mr., J. B. Miller, Mrs. A. programme; that of the presente-
tion in honour of Sir Man-kam. A. Peters, Mes, M, Moras, Mrs. R.
A
Mr. and Mrs. R. E. Henderson retired to Hong Kong yesterday by the ss. Hermelin,
•
•
"I am glad to announce a spe-
ou
*
Lo, our honourary legal sidviser. | 73
af
"Now, as a mallitude to-
LARCENY
Kaye. Mrs. J. B. Milice, Mrs. A. A. Howerton. Mosers, G. Williams, For more than 16 years he has £ R. Andres, K.. Ross, H. Holmes, been rendering valuable assist R. P. Walker. I. Hausmann, J.ance and wise guidance to us for
the od of the Chamber. When
good Ballard, J. T. Chu, J. Allan, L
ever, this Chamber is in
is in need C. Skipper, H. C. Walker, William Miller, P. L. Sunn and J. D. Zee. help and advice Si Man-kam L
always ready to
fo stretch out hk | A helping hands, The heavily army trucks i
token of this New railers, property of the
Chamber's profound Zealand forces, are en route to An allegation by defendant
wards Sir Man-kam Lo and our T threatened Auckland and Wellington. They that he had been
heartfelt appreciation of This man, who had been As-
Mrs. E. Fritz-Land and Mr. Gvaluable service, we are present- brought for
and signing à were
occupation inte admitting sistant Crown Solleitor, should
New Zealand, statement in a public mischief Dorum left Hong Kong yesterdaying him with a smail, souvenir in not have been allowed to sit in on
operation from Among the shipment are five Bed case
discounted by the Tor Muniln by the ss. Hermelin,
the form of an eulogy mounted in the alleged conspiracy," submit-
Cross vana, still spick and span, magistrate, Mr. P. X. d'Aimada.
in frame." tel Mr. Grifiths. By httvising and
Normally known as one of the provoking the alleged conspiracy.
at Central yesterday..
Among the passenger who left three cattle ships operating 201 accomplice. and fourth accused were present Mackinnon Mackenzie Smith begaine
Delendunt in the case was Tsui the Colony
แกป For Singapore ferrying | Lau, geil #3 of no fixed abode, Bangkok yesterday by CFA were His
evidence
should, therefore, best the negotiations between the
Lee Man-yce lived in the same more carefully scrutinised,
der to Hong Kong and Manila,
Susic B. Johnson, Moy Chefen Leung. When Pun was away on In support of his intention that forfeited his ball of $12,500 on Smith became
August 23) and the prospective
the ss. Nankin brought 20 tons of nine months imprisonment.
Inspector May Pe-cheag, MI MI-may, Blow Saturday, Lee took his blanket was alleged by on accomplice to
cigarette paper and linen picer Percy Lowe the alleged
defendant Kolt-keng and Yung Yam-shing. conspir
victim,
and pawned it for HK$12. a false statement on Grifths moted from the case They were also present at the goods from the North. She also e
Charged with urceny of Brannun versus Peek (All two meelings between the other brought to the Colony about 190 February 27 that he was held up
Par-engers* disembarking at Mr. J. Wicks at Kowloon yester by, six men, one of whom struck England Law Reports) in which men (Poon and Wong) and bag of mail Tron Japan. Lont Chief Justice Goddard de-Smith, and must, therefore, have
70 Horses On Board
him and relieved him of six gold Hong Kong from the ss: Eustern day, Lee was sentenced to four kudwn what was being pinnned. clared:
With Mr. A.G. Rose in com- bars, valued at $1,000 and also due to arrive here on November 7 months hard labour and recom-
from Sydney are: Mr. J. C, Chew, mended for banishment, The court observen with con-It was their duty to notify the mand, the ss. Nankin, built in 1891, cern and disapproval the fast that authorities.
California in 1945, has a crew of As a result of that statement, Mr. W. Fogwill, and Mrs. J. E. the police authority at Derby
In reply.
ply. Mr. Griffithe said at 21 Beltons and 43 Aslatics, She said Inspector Lowe, the police Gordon, Mr. C. A. Henderson, thought it right to send a police their presence was equally consis- Look about 70 Australian horseshad been put to immenso trouble. Mr. and Mrs. H. Love and family, A report was made to the Mr. K. C. Penton, Miss E. M. officer into a public house to com- hat with innocence as with guilt. for Singapore when she left Syd-fice through the arm of Mr. C. Reid, Ms. E. C. da Roza, Mias nil an offence.
They admitted to the police that ney. Also on board "It cannot be too strongly em- they were acting as brokers, und, groomsmen
who travelled
elled with A Sutherton Russ on behalf of M. J. Shoobridge, Mr. Louey Lan phasiced that, unless an Act of as such, would naturally be pre-the horses. They are Mr. K.J. Mr. C. A. Sutherton Russ on be- Onn.
The 88. Eastern also has pas- Parliament, provides for such a sent at the negotiations.
Maher and Mr. G. Yardley.
de-tengers for Shanghai and Yoko- course of conduct and I do not Mr. Wiels said he would give
Arst accused (Poon Pit-nam who cattle and horses from down un-who was convicted and sentenced Ngo Sol Kian, D. J, Swinerton hut, at Grampian Road as. Pun
think any Act of Parliament his decision on the afternoon of docs on provide-it is wholly November 11. wrong for a police officer or any other person_to_be_zent_to_com mit an offence in order that an
offence by another person may be detected.
offence so that they can prove
fint
mitted an offence.
As Much An Offence
FORTHCOMING WEDDINGS
ard bre
It
half of defendunt.
Mr.. Fong Fu-chong said Measuring 430 feet long with fendant was known to him baran,
a beam of fix fect, the free through business channels and re- was formerly the Mount Holyoke Victory. She is capable of makingated how
knots,
defendant called on
*
.
She left. Sydney on October 22.
before
LOVE A DUCK?
Our đường tre có nheo và
hate to kill them. But
people go on loving thom
right to the last luscious,
tonder mouthful. Thore's
a duck at the Dairy Form
waiting just for you!
Paga
THE DAIRY FARM
A Flower
and
a cruising speed of 17 and a half him and explained that he had
Arrivals from Singapore been-robbed-by-six-men,-whoi The st. Nankin is due to leave he believed to be police officers. Bangkok on Sunday by CPA In: Li Pat, third engineer of the cluded Kho Thong Tang J for Australia and New Zealand.. vin Manila, Sandakan and Rabau:6, Kweng Sai, said that he and Allie, Lau Cheng Ngak, H. C. others owned the gold, the sub- fect of the cast, and had at vari aus time given gold to defendant to bring ashore,
On February 27, defendunt was
Two
Heng
Slaw Kim-song, Chen, Chieng-ngee Vuong Vink. Sure Ping, M. 3. Eddo, P. J. Howell, Che-hong, Ng Ying-klam, Wen Ti Chia Saclee. Lee Buk-chuan,
"It is not right that police au- thorities should instruel, allow, or
The forthcoming weddings have on Thursday morning. She carrie. permit detective officers or plain cjailies constables to commit unten anounced at the following no other passengers.
Mr. Roger
other freighters which Fulgence Malen-
Con- carry cattle and horses for Mac- another person had com-uu, diplomate, Belgian
ulate General, and Mrs. Daphne kinnon Mackenzie are the entrusted with the above gold to Sasithon Sae Lee, Quek Chong- Geraldine Brisbane, who is en Eastern and ss, Nellore. These twe take ashore and hardly an hour poo, Tan Siew-long, Tong Bong-
vessels accommodate passengers afterwards he returned route to Hong Kong.
with schoon and Teo Ping-kai. ; also. The ss. Eastern is due to
*A 11-year-old boy, surnamed arrive here from Sydney with 12 report that he had been robbed.
The Hong Kong
Chinese Wong who lived at 52 Lower passengers for Hong Kong. She hos passengers for Shanghial and Godowns Association, formed fol. Lascar Row, third floor, was lowing the Wing On godown Are killed ng the result of being Japan.
at. West Pout, was formaily In-knocked down by mater, bus No, augurated at a dinner at the Kam 4132 near the Central Theatre at Ling Restaurant last night. 12.20 p.m. yesterday.
"It would have been, Just as Mr. Ray Horatio Peary, mer- mich an offence for the police chant, of 24 Lee Yuen Street East, constable in the present case to ground floor, and Mis Chan Kam- Inake the bet in the public house fung. as it would have been for the hookmaker to take the bet, if in doing so he had committed an
cffence.
Mr. Louls Frank Driver, civil servant, of Melbourne Holel, and Miss Peggy Patricie Read, civit servant, who is en roule to Hong Kong.
*
4
6 MONTHS FOR STEALING PUMP
For stealing a waterpump motor from 116 Boundary Street, Law Shue was sentenced to six months' hard Jabour and recommended for
ACI Charles Henry Davies, bunishment RAF, of 1 Calder Path, Hong Mr. J. Wicks remarked that Kong, and Cpl. Edna. Waterhouse, clrcumstances were extraordin ATS, of 39 MacDonnell Road, ry, as Luw had by his theft cut Hong Kong, were married; at the off the water suppy of the In Supreme Court Marriage Registry mates of the house and thereby yesterday in the presence of Mr. caused Inconvenience and D. Evans and Miss E. Edgar.. sanitary conditions
"I hope the day is far distant
Mr. Jose Domingos da Luz, when it will become # common practice, in this country for police secretary, of 21 Austin Avenue, Kowloon, and Miss Patricia Maria ofteers to be told to commit an offence themselves for the pur-Castro, salesgirl pose of getting evidence against Roucono; if they do commit of- fences they ought also to be con- victed and punished, for the order of their superior would afford no defences"
Continuing Mr. Griffiths argued that it was admitted by the pro- secution that Smith was acting under the instructions of the Crown; even to the extent of lend- ing the alleged conspirators on by advice. By going the length he did, sald
couusol, Smith brought himself under the category of per- sonn.described in the case quoted, s to the statements made by all the three pecused, Mr. Grimths add that they were no doubt in-. ituenced by the accused having bden kept in the police station the and virtually in whole night, custody.
The Crown, submitted counsel, had sailed to prove their charge of conspiring to steal. From the na- ture of the evidence given (even it all were frus), the conspiracy was not to plan the million dol lors but to sten) a cheque for that amount. Alternatively, the charge could have been obtaining money by false pretenco or by fraud. -
In support of his contention that there was a distinction be tween conspiring to steal tho money and to obtaining the money by false pretences, Mr. Crimins referred to Russell on Crimes.
magis
As to. The bipuntrates. Orain-
discharge; Gabitha Puranitted, that a magine Trold, cannot, when gridolice had y failed to faility thu charge as inut, Kw further in amendment ana draw up sonowi charge, and non- devlet on that charge: Stanly law-saig
jnw
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