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Tribunal Chairman Alleged To Have Been Outrageous
Allegations that the conduct of Mr. R. S. Smith, "while sitting as Chairman of a Tenancy Tri- bunal, was outrageous and abusive in the extreme, were made before Mr. Justice Gould (Puisna Judge), at the Supreme Court yes- torday.
It was also alleged that in the hearing before the Tribunal, certain principles of law and pro- cedure had been infringed and that Mr. Smith went out of his way to be abusive to Mr. P. 1 L., Lam, a Solicitor of the Supreme Court. : Mr. Justice Gould, after pinada & Remedios. He only con- hearing the evidence of Mr. templated joining Mr. Remedios
after he had met Mr. Remedios TE Smith and Mr. J. M. d'Alinada
the office of Mr. Stiva about the Remedios, said that he wha
Thitt middle of December 1947. quite satisfied that there had
the was after the verdict in been no interest or bias on the
Tenancy Tribunal case had been part of Mr. Smith at the hear-
Kiven. ing before the Tribunal. Smith were made in the course of
The allegations
Bgainst Mr.
An appeal that the decision of the Tenancy Tribunal, of which Mr. Smith was Chairman, be reversed. The appeal was dismissed,
The Tribunal, in its decision, made on order for eviction and mesne profits in favour of Mrs. K.
Mr. Smith said that he actually joined Mr, Remedios on Decem-
ter 10, 1947. The conversation in Mr. Silva's office took place about two or three days before he joined Mr. Remedios. The salary agreed upon was $1,500 a month. At the
lic re December 1947, end of ceived $400, The following months be received $1,500 regularly.
Mr. Smith said that he hid adopted the same procedure with all witnesses. They were reptest eri tu stand while taking the oath and allowed to be sealed after-
Mueslow apninst The Victor Studio in respect of a portion of Shop No. 7C Alexandra Building, The Victor Studio, appellants, were represented by Mr. Pete: H. Sin of Messrs. P.H. Sin & Com-wards. pany, while the respondent, Mr. K. Munslow, was represented by Mr. J.M. d'Almuda Rèmadies of
Messrs. d'Almada Remedios &
Company.
The appeni was based on the grounds that the decision of the Tribunal was ngainst the weight of the evidence had that it was wrong in law.
It was also alleged in the grounds of appent, that the Choir- wen of the Tribunal, M. Smith; was unduly hostile to Mr. Pi Ian and that he was prejudiced or biased against appellants anl their salicilor.
Allegations Untrue
Mr. Smith most emphatically denied the allegations in Mr. Lim's dildavit and rald they were untrue. Ho
hostile never wht towards Mr. Lam. It was dimedit to understand what Mr. Lam was saying at times and ne might have asked Mr. Lum to repeat what he was saying.
THE CHÍNA, MAIL; THURSDAY, NOVEMBER 11, 1948.
Reminders
Today
Never Beat Hutton, Bridge House Case Defendant Maintains
Younger Set Club Dance, European
YMCA, 0 pint, Kowloon Rotary Club luncheon
screening officfare The A Roces, Peninsula Hotol,
.p.m.
12.30-
Y's Men's Club meeting, Carho
Club 12.48 p.m.
Royal H.K. Golf Club, Ladies
Heep
Section annual general meet-
ling, Helena May Institute, He
5.30 p.m.
Yune School, annual graduation at School premises,
p.m.
complete denial that ha ́ ́had" over" assaulted, William Hutton was made by Sergeant Yoshida Bunzo, former member of the Shang- Hat Kempeitai, at the War: Crimes Court at Lyamun Barracks yesterday. complained that he had been wrongly identified
by prosecution witnesses.
at
House,
former member of the Shurighni Municipal. Police, for Jave to re- turn to Shanghai to attend in same urgent personal business.
Watson said he would be. Unetr before the Court' resumeil' after the adjournment.
Yoshida, the second accuseji, 1. A.F. Association Juncheon, in the Bridge House trial, is Jacobean Room: HK. Hot charged with being concerned 12.45 p.m. (Air Commotiore in the ill-treatment of de and Mrs. Davies will bo
tainces
Bridge present). Kai Tak Dramatic Society prezents Shanghai, which led to the "Soo How They Rum" Siation death. of William Hutton, a
Yoshida charged that Watson former. member of the Shang- might take advantage of her re Theatre, 8.p.m.
and Water Hai Municipal Police.
turn to Shanghai to contact wil- Exhibition of Qils
He entered the box for the Arsinesses whom ha wished to call, Colours, St: Jolin's Cathedral Hall 10:0
time yesterday to testify in him and this prejudice his case. Sino-British Orchestra Concert, own defence, after having at the. Diocesan Boys School, 5.30 p.m. beginning of the trial declined H.K. Singers Coniceri, St. John's era apsistance from Mr. Pankehi
Cathedral. Hall, § p.m.
Kristina. Japanese barrister who us defending his fellow accused, Lieutenant General imshita Eilcho
Royal
4
The Prosecutor røplied that the charge was unfounded and un- justified,
Further hearing was adjourned to 10`aim.” 'this' morning.
Divan Rooms With Bells
Coming Events TOMORROW
In awer to cross-examination: Licensing Board meeting. Colonial
Secretariat; Counell Chamber,by. Major Clague,, the Prosecutor, 3.30 p.m.
Yoshidi sak! ho, Brat heard of Artillery (Plymouth) Hutton's death in Sugamo Prison Band; H.K. Cricket Club, 5 on August 28, 1947, from Captain Brindley the course of an In- terrogation,
All the divg rooms were, BATURDAY. Exhibition of Olls nd Water
Alked to tell all he knew about (fitted with ectric bells and Colours, St. John's Cathedral Hutton Yoshida caid he heard the whole place elaborately Half, 10 am.
Hulton
was arrested for attempt wired, declared Inspector E. S. Ing
to pass a message out of Hal- Thompson when he prosecutett |-phong Read Comp through an Lo Tak, aged. 36, with being. Indlan guard. He was arrested by the keeper and five others with an agent sent by the Race Courieroin. smoking at No. 104, Konpoptal and was sent · from: there to Bridge House.
Personalia
The Direoler General of Chinese Posts, Mr. S. C. Fok, who paised through Hong Kong Inst March to. represent China at an International Postal Conference in Berne, Swit On one occasion, when an at-zerland, arrive back in the colony pliention by Mr. Lam for an ad- yesterday on his return from journment was refuserl. Mr. Lam Europe. became very heated and demand-
Hutton Wob- Violant
He also igard that Button was Corporal Salto very violent: and had to tie him up. That was all he knew. An earlier statement minde by him, in which he was sold to have admitted knowing, Hutton Mr. Fok is proceeding, at once was tortuted, was wrongly trans- v'd stated case. This application to Nanking to report to the Minis-lated, said Yoshida.
Ilo denied that his purpose in for a stated case was withdrawnter of Communications.
the next hearing.
During Lis trip, Mr. Fok visited making the earlier stitcreents was It was untrue that he disnilow. and studied poral questions into anidend the interrogating om- ed about 30 per cent of Mr. Lum's title countries, all of which ex-cers. questions. questions were ir-tended him a most cordial wel-
disallowed. come. relevant, they were fun
At the conference in Berne, o
it was claimed that Mr. Salta #hould not have sat to hear thei Tenancy applicntion.....
Had No Knowledgo Mr. Sin said that from
davit which had been led by Mr. om'ninda ng ubicetion when number of important questions
Mr. Lam, it would be seen that Mr. Lam had no knowledge that Mr. Smith had entered into, or agreed to enter into the employ- ment of Mr. Remedios,
questions were disallowed.
the
were discussed and: settled,
seas are
Mr. Smith said that he had no interest whatever in the effairs of
Mr. Fok says that at any rate) po far as international postal respondent, either at the time relations are concerned, the Con- of the hearing before the Tri-fucian saying is borne out. that bunal or afterwards,
He had all within the four Throughout the proceedings be- fore the Tribunal, Mr. Smith had,
interest or expectant, imerest at
brothers," the time of the hearing of the it was alleged, been definitely h08- file to Mr. Lam and had disallow-ceedings or when he delivered ed about 30 per cent of the ques-udgment. tions put by Mr. Lam..
Mr. Smith had been polite to
and requested them to be seated while giving evidence.. On the other hand, He made Mr. Les
Departures from the Peniniula Cross-examined, Mr. Smith in-Hotel on Tuesday included Mr. und Mrs. T. P. Mahon, Mr. and
Flike.
*ME!
King-man of the appellant's whether or not Studio stand up,while alving evidence. When Los touched the table, Mr. Bin said, Mr. Smith shouted at him and told him to keep his hands off the table.
Hollywood Roadt, ground. floor, before Mr. F. X. d'Almada' at Central yesterday:
Lo, who admitted being the keeper of tho divan, was sentenced. 10 12-mohin imprisonment and to be banished at the expiration of sentence, and the smokers were given: the option of paying a ne of $200 each or serving 25 days,
Owing to the number of "bolt holes" said. Inspector Thompson, it was only possible to apprehend the six defendants.
Entrance was affected by break. ing down the main door and the "At no time had I seen Wi. time occupied in so doing, allow liam Hutton in the detention (ed.the escape of most of the of- cells at Bridge House. When fenders, Bolomon. and Rechilin sald i wer the one who beat Hutton in of optum, 550 heroin pills, two his cell, they had made a mla pium pipes, 16 heroin pipes, two taken Identification,"
salderon pipe tops,. 15 lamps, ut bed boards, six wooden stools and four straw mattresses,
These were gli ordered by 'the magistrate to be confiscated.
Yoshida,
He withdrew, 'statement he had madbaler, that he and never visited the detention cells at Bridge House: That statement was incorrect. He reiterated, how.. Hut- ever, that he had never seen.
ton,
him.
Mr. Sin furikar alleged the fsisted that Mr. Lam became heat-lars, Scow Gec-Mr. and Mrs. May nor bad he ever ill-treated
ed and angry when the applica Chang Lieutenant-Colonel and In answer-
newer to tien for an adjournment was re Mrs. L. Kamper, Messrs. J. Dhe denied that he had over con- further questions. witnesses of
of the respondent
fused. All witnesses were treated Wyler, G, Tauber, C. Porter, and ducted any interrogation of pri-
Dr. J. S. Gould, Smith declared that
soners. Interrogation was done by the officer making the arrest, and Mr. Lam, the Among the new arrivals at the he had not made any street. He Court Interpreter and Lee King Peninsula Hotel on Tuesday werewas in, charge of German affairs man soid under oath that he had Mr. and Mrs. R. Muniz, Mr. and only.. made ice stand up and had shout- Mrs. La McBride, Mr. and Meg ed at him, he, Mr. Smith, would K. 8. Yih, Mrs. G... Hodgkinson,
He said his duties were out? say that they were telling out and Captain and Mrs. S. D) Christy, nut lies.
Mr. and Mrs. Micton, Mesars, J. doors, and as he was attached to Mr. Sinith admitted having said, Hall. D..W, H. Nelson, M. Stein, the Western Station, he could" under cross-examination at the M. Pickon, Mat S Russell, JO make arrests only, in his own Police Court, that he joined Mr. Gaston, J. D. W. Hubbeling, RE. section, though I permission was itemedics In November 1947. He Lockwood, C. W. Stork, J. Poblained from the section
τύμπ now remembered that it was Hicke, E. P. Bable and, O. December 1947,
Stahly.mander of
another arca he could effect an arrest in that arca dist Mr. Toni Masterton, Assolated The ·"förbight" section of the
Mr. Sin declared that certain principles of law and procedure had been infringed and asked the Court to declare the hearing, he- fore the Tribunal vold and the vestilet of no effect.
Mr. Sin asserted that Mr. Smith went out of his way to be most abusive to. Mr. Lam. His attitude was hostile in the extreme and
he never gove Mr. Lam an op- portunity to present his case.
Sin said that the adminis
of justice in British Courts was so scrupulously fair that the Courts would not contenance any possibility for blas. If there was nny possibility for bins, the Courts
Noted Objections
Outdoor Duties
He had noted objections when Press correspondent, arrived in the Western Station was divided inte
Colony: yesterday on his way to various brafices dealing wit requested to do so and there was Singapore. Mr. Masterton, itat!! different
nintual
no need for him to refresh his recently stationed at Shanghal duties were confined to memory of the point. The records has been, assigned to head the ana Italfor nationals. were conclusive on the subject, Singapore bureau of Associated "aak the Court to:vlalt
Finally Mr. Smith said that the Press, post in Mir. Remedio's office was created benevolence or ever way. Mr.
have it.
either out of Inspecjor J. Orem, of, the Hong for endship, which-
Kong. Police Force, is going on.
two weeks' local leave on: Moni day. His past as, Court-Inspector Kowloon Magistracy, will be take temporarily, by. Sub-Inspector Hidden.
would intervene interest
Mr. Remedios then asked per- Actuated By
mission of the Court to testify.
Mr. Justice Gould said that he In conclusion, Mr. Sin submit- ted that Mr. Smith was actuated greatly deplored having solicitors. by interest of obtaining employ-conducting a case to go into the ment with Mr. Remedios and that witness box, but this was an ex- and: granted. Mr. Remedios permission to testify.
Mr. Remedios said that MA- Smith had conducted the hearing in the Cou
the Court below 'in a maniber beyond reproach.
DENNIS & CO., LTD would pay him: to be hostile ceptional caso
towards the other side while at the some time currying favour with his prospective employer.
For
Mr. Atinçules, interpbied to say that at the Ume of the hearing before the Tribunal, it watchever within contemplation that Mr.
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Mr. Justice Gould then kald that he was quite satisfied; that there was noˇinterest' of-bias tam the part of Mr. Smith and on this
mus round, the appeal
rane Submissions were thenude ol those grounds of appear whicd dealt with the legal aspect of the. verduet of the Tribunal.
sub-
Mr. R.S., Smith, in evidente, sald that he was gazettedios a merpher of a Tenaney Tribunal in October 1947. He was asked to all on a Tenancy Tribunal on November 24.' · Hóʻcould not re- collect the names of the other members of the Tribunal, of which he was Chairman. d
At the time of this sitting as Chairman he never contemplated The appeal was then dismissed, Jaining the firm of Messrs.dPAIN Lwith? coals at $150
On conclusion of these missions, Mr. Justice Gould Held that the appeal also falled on the ground of law.
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epene of the alleged: crime in. the presence of pficials of both the British Government, and the Japanese Government. 1 d4K this" to ensure that justica in done,” said Yoshida, Earlier in the proceedings Yoshida unsurutuly: oppiced, an `applicationi b'y1 Mn ̈J¡MF Watson,"
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