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THE CHINA MAIL,
Full Court hears appeal in Causeway Bay murder case
A submission was put forward bofore the Full Court of Appeal yesterday that the Acting Chief Justice in a particular murdor fröl bad mis- directed the jury on a point of utmost public importance.
1
Mr. John McNeill, counsel for the appellant, con- tended that Mr. E.H. Williams was wrong in directing the jury to consider first the Chinese language version of certain statements made by the accused
The attention of the jury should have been called to the
rellance point that
shouldi have bero.placed on the Eng- Jiab
tha iranslations before Court as to their meaning; than on the original Chinese version, he said...
Bir. McNeill was representing lp Kwai-you, 20-year-old unam- ployed who was sentenced to hang On April 12 for the murder of Law Shu-fan, a gardener at ske Tiger Balm
Mansions, Causeway Bay, on
Court yesterday was composed of the Sentor Fulsne Judge, Mr. Justice Gould, and the Acting Pulsne Judge, Mr. Justice Scholes.
The Appeal 20, Just.year.
Mr. McNeil was Instructed by Mr. I. W. Gunter. Mr. A. Hooten. Wan for the Crown.
The appeal against conviction the grounds that the was based on jury was misdirected in law, that Mr. Williams had omitted to put forward adequately the case for the defence in his summing-up to the jury, and further that the statements in question by the ac- cused should not have been ad-
iszable as evidenco.
The Acting Chief Justice, it was also claimed had not acquainted the jury with the possibility that Ip had no case to answer.
Statements in documents
Opening his case, Mr. McNeil told the Court that at the time of the prisoner's trial, a great part of the evidence was necessary taken up with evidence showing
that on a given date an-armed robbery occurred at a certain place.
It was the 'Crown's case
the
that
accused took part in the rob- bery, and that, as someone was killed in the course of the bob-
bery, the accused was in law re- garded as guilty of murder.
ference to the English translation, the jury by that time had placed
the Chineze on all reliance on guage version.
Mr. NeNell said that, to this
ISDAY, MAY 23,
Personalia
Mesars, C.-B., Phaus, B. P Legge J, E.: Thomce, Lo. Wel and, A Cater arrived in Hong Kong from Bangkok yesterday by CPA.. 、":+"
Brigadier General Marsden, Messrs. Lowls Mottram and Tong Minh left Hong_Kong for Salgon yesterday by CPA.
+
Messrs. Loris G. Craig, Ong Chun-hong, Kwok Yan and Wong Chek-yung, arrived here from Month and Sandakan westerday by CPA,
•
Mr. E. J. Auvynet, French Con- sul in Talpeh, 'arrived by Civil Air Transport. yesterday for a short visit.
IN
MOLLER TUG OVERDUE
ATTEMPT TO RECOVER YACHT HELD BY REDS
Foors bagan rising yesterday over the fate of "Mr. Gondor" Ross, Americah' owner of the Poch Voladar, and the choi of the cao, thia Moller,
On May 17 Mr. Ross with a crew of 11, including three British seamen, left Hong Kong for the
Volunteer
Pensions
Chinese Communist-held port of Fort Bayard. Ordinance
He was making his, second attempt within a month to Mr. Austin Coates, Assistant recover his US$20,000 yacht, which the Chiness Colonial Secretary, returned from Volador. Bangkok by Cathay Pacife Air-authorities have held since ways yesterday... Mr. Coates was February 13 at that Communist delegates to the..Commerce and Neither Mr. Rosa, bis crew nor one of the three Hong Hong port,
in Hong Kong while his father made the trip to Fort Bayord.
Mr. Gordon Ross Intended to bring his yacht to Hong Kong to be atted with salis before teaval dig across the Facile to Central Amerien where he intended to audi
The Volunteer and Naval Volunteer Pensions Ordinance, which valldates the payment of pensions, gratullica, and other grants in respect of the
day, he was mill in the dark Industry conference of the Econo- the tug have been set or heard | Man drive-in on the Pan Amerii) of officers and
as to what the Judge had in mind about the meaning to be drawn from the Chinese version against that apparent in the Eng-" Hah one before the Court.
Might have been different Counsel submitted lat, had there been a proper dibection, the jury might well have found Ip not guilty. They, should have been called to the polht that reliance should have been placed on the English translations be- fore the Court,
Mr. McNell recalled that the police Interpreter, when cross- examined by the detener, admitted that the brief statements made by the prisoner to him after the
could well man's arrest
have been written in a slightly different manner to Chinese than the ver sion exhibited.
Crown Counsel then rase and replied to the different arguments
put forward by the other side, In the course of which he con tended that even if the Court directed the jury to refer to the English translation at the outset,
mic Commission for Asia and the Far East in the Thal capital, +
Krom s
the Volador take-over bad zore according to Mr. Ross's Major-General Edgar Erskine original plans, they would have Kaune, United States Army, ar- been hack in Hong Kong six days rived from Bangkok en route to. Ross, who left Manila or Tokyo by Pan Americap World Avays General Hume leaves for Tokyo this morning. He went to Bangkok on affelal business.
,
The Chief of the Japanese Gov-
ernment
General Merchandise Section, Mr. Manzo Saito, arrived from Bangkok by PAA yesterday, Mr. Saito will leave for Tokyo today.
:
Messrs. F. Lafonasse, Pang Hol- hoel and Li We-jou, left Hous. Kang yesterday for Halpbong by
Air France,
Mr. and Mrs. Sevald, Messrs. Lup Tich and A. Tong left for Salgon yesterday by Air France.
Arrivals bere from Indo-China on Tuesday by Air France in- Messrs, Zee Wan-dao, Raymond Stanich and Thai Nga,
January 28 with a crew of 12 and his son Willlam, 11, was bound for Hong Kong to purchase salis for his yacht when tigh suns ex- hausted the Valador's fuel supply, and he diverted into Fort Bayan
Chipose
Communists Im mediately imprisoned Mr. Ross, his son and the prew, god opa- fiscated the yacht.
Two months later, Canton au- thorities released them over the
Hong Kong bander.
When in Hong Kong, Mr. Ross
tics had ameed claimed that the Canton authori
to turn over his; yacht. if. he would go to Fort Bayard and get it."
C April 20, he went to Fort Bayard, but Communist share batteries opened fire, preventing the Alicia Moller's
entry into the porta
the boat and establish an over-eath, disablement or sickness volunteers of can highway.
the Hong Kong Volunteer Do The possibility that the Aller fence Caps and members of Mollar night have been inter- the Naval Volunteer Forpet cepted by the Nationalist navy who were called out on actual, was not discounted by shipping milltary or actual service dur- circles yesterday.
read a first time in Legislative It was pointed out that Nationing the 1939 wozid. war, was allst warships still control the sea Council yesterday. routes in and around Rangeho won Peninsula
Up to a late hour last night the Marine Signal. Towers still re- Perted that neither the Alicia Moller nor the Volador had been sighted.
Rediffusion's
The Attorney General, Mr. J. B. Grifin Introducing the Bill, said the Volunteer Forces werd formed under the Volunteer Cr- Alrance 1013 and the Naval Volun teer. Ordinance of the same year. Both these ordinances were re- pealed when legislation was passed far the creation of the Hong Kong Defence Force in 1948.-
The original ordinances Bed
Anti-Tuberculosis provided that requintions should
campaign
made for the payment of pensions gratialties, and other grants to volunteers when called out should casualties result, but in fact no such...provision was made, so that at the cessation of necessary to hostilities It was than
meet claims for pensions, gratui- tles and other awards on the terms applicable to hits of His Majesty's Forces in the United Kingdom.
Contributions from Rediffusion Histoners to the Hong Kong Anti- Tuberculosis Association. Cam- calm have reached more $3000 during the two weeks in whi which Rediffusion has been pro moting its special #Dollars for Dista programme, and donations 'bre still Beingtressited daily.
"Dollars for Discs" 2009-00
the Chinese version was bound to | cluded-Mr, ond Mrs, M; M. Dobal, Mr. Hogs, contacted oficials Jr... At -7 pm 60012 programme already mačo and to be made in
be referred to eventually.
"Couldn't the Chinese member of the Jury-as a citizen. Judging a prisoner in the dock-read the statement written In his own.
language, and be far better able to understand it than if he were Hooton queried. shown the English version?" Mr.
Among other arguments, he submitted that it was up to a jury to decide what were the true facts even if they had to look at the original document of tbe statement:mado prisoner to the polled the
As to the contention that the As far as the accused was, roo- Judge bad not adequately put cerned. Mr. McNeill went on, forward the defence's case to the there was only one piece of evi-jury, Mr. Hooton said the Judge, dence connecting him with the time and agais, called the jury's murder. And this evidence was attention to the fact that the the statements contained in the weight attached to tie statements documents exhibited before the in question was for them alone Court.
Without that evidence,
to decide.
there In conclusion, Mr. Hooton sub- ́ cuki not have been a conviction, mitted that as a whole, there was
as contended.
"WEEKLY CHINA MAIL counsel asserted. The whole of the no misdirection by the trial Judge
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prosecution's case rested only an one particular statement out of the three
e produced, In this particular statement, he ed. meaning of the document, though trans-
wes not proved. Mr. McNelli said if the trial Judge felt there was some lo- ference or implication. In the Chinese language document which en fully brought, out, had.
bol. beca he might well have asked the police interpreter concerned about I Had the jury any doubts, be could have also invited them to
they wished..
The Appeal Court then reserved Its judgment on the
in case, which numerous legal authorities were quoted by counsel for both Eldes
Amendment
Arms to Ordinance
The Arm and Kmmunition
•
*
Brigadier C. M. Marrden, con-" salting surgeon, left for Saigon by Cathay Pacifle Airways yes- terday. Brigadier Marsden or- rived here from Singapore three days ago.
The 'Director of Naval Dock-
Hadiffusion's
It has been decided that finan- cial reponsibility for payments the future will be borne by this Colony, and the purpose of the Bat before Council is to validato such payments, unt
On his return to Hong Kong Cantch, and again informed them of his intention to -enter. - För!}
on the air to comply with Bayard for the yacht.
He said that they asked him requests from listeners who have sent in contributions to the Anti- for a letter listing the orp Tuberculos Campaign through intended bringing, with, him
The motion was seconded by Heditusion. The programios Will the tus he would arrive on and be compered by Prizella Me. Jeddyed carried a
Pate the Acting Colonial Sectory, the data of his arrival. -
Hunt and will continue through- Mr. Ross said that he promptly out the evening and as many animously. forwarded this information requests have been answered: as
posalble.
ale. It is likely that, the programme will have to be dx-
Canton, and find resolved
an
yards, Vice-Admiral Sir Claud B. is OK to enter Fort Bayard Batry. KBE, CB, D60, arrived during daylight hours.
British Over- trong Shigapore by a zean Airways "Argonaut yester day for a 10-day stay,"
Sir Claud, who was met at Kai Tak by Commodore L. N; Brown- field, EN, is on's routine visit. He is accompanied by Mr. H. C. Leddra, OBE, MINA. the Ad- mirol's Assistant,pda
During the Admiral's stay in the Colony, he is a guest of Com- modore Brownfield,
Strachey, Griffiths
122
in Singapore
Singapore, May 24. The British War Minister, Strachey, and the Mr. John Colonial Secretary, Mr. Jamies Griffiths, landed here today. after all the people at the alt-
..'.
No word
tended to another date to include all these who bave written and sent donations, had the
Fan those who may not yet
may not yet have
St. Joseph's Old Boys meeting
A Mollers Ltd., emeinl condone so there ir mill an oppor firmed yesterday that they ha turity sp send your contribution received no word from the Alleia Molier
to the Hong Kong Anti-Tuber At the Annual inceting of through Bediffusion since is than held last night at the culosis
Association Campaign St. Joseph's Old Boys' Associa=..
He said that the little tug had no radio, but admitted that shr age according to the origiani plan. should have been in everal days He added: "It might be possible that bad weather has beld the tug up. At any rate, we are hoping for the best
NURSES' FUND
expected that the campaign will
carried on ubil: the enPekinsula Hotel, the Hon. Mr. the month.
the sun ge Lee d. Almada Castro Man
clooted Presidenta
Bishop: Valtorta has consented to-be Fation of the Association. Erarodiately after the meeting the associations held a dinner which more than 400 old boys attended
A Nurses Howarsis and Fixer Fund, for the benefit of nurses nad devasers employed by Gave einment, was set up yesterday
Another source said that the shipping company would pro- bably try and check with Canton on the whereabouts of the 'Alicia The Fund will be administered Moller, -- but the company would jointly by the Director of Medien not comment on this yesterday, Hervices and the Principal Mution,
-Willany::Rosa 'remained behind (“of the Medical Department, 2
Telephone Company capital increased
put questions to the witness as (Amendment). Ordinance 1950, part had been rigidly "scre The capital of the Hong Kong Telephone Company
This, however, was not what occurred, counsel asserted. What Mr. Willams did was to direct the jury to consider it themselves. Even though He later mado `row
OF COURSE!
16 OUNCEST
ANCHOR
THE BIG "CATCH"
which empowers the Commis sloner of Police to exempt
ad
T
Intensive police procmitians certain persona from obtaining against terrorlam were taken de-. an arms licence for bolding fore the Constellation aircraft | arms" and" ammunition, passed | landed,, bringing the British its first reading in Legislative ministers on their fact-finding Council yesterday, tyske four of Singapore and Malaya.
'
Explaining the Ell, the Attor ney-General, Mr. J. B. Griffin, said the principal Ordinance, as at present drawn up, does not empower the Commissioner of Police to grant an exemption."
It was desirable, for instance, that holders of game Beences under the Wild Birds Ordinance 1923 should be exempted.js Again amall vessels may be entitled to exemptian --from: ob- taining un-arms-licence for arms' which are considered, to be reas sonably necessary for the protec=
Interviewed on the tarmac.ruu- way, Mr. Strachey sold be bad. brought to Malaya a.message at encouragement from the British Government.
poth
The
"Limited was increased from HK$1,500,000 18 HK$19,000,000, after consent to its applica tion was given by Legislative Council 'yester. day.
increase was in the form of the creation of 1,150,000 new shares of HK$10 each, mak ing a total of HK$11,500,000.
It was provided that during couple #45 proceed with a num
are very anxious to
the year 1950 the increase shall ber of Important projects design, probleme decuse all your prob elvil and military," he added, not exored HK$7,500,000, ed in provide for a considerable 10. Thereafter the balance of the Inotrane in the number of belon That is why we same, 10- ather. Asked whether the HK$11,000,000 shaff not be phobes installed and the Cup would do off the beaten track Issued without the prior apa bas sinced that if this the in his investigations. Mr. proval of the Goverhac in Counc Atrachey, saldi.. we want to set Council
Cound), and boy make a depart will accept an americ
• Compete for
gif the problema that the people;
problems that confrontMoving the remlution for sho
capital increase, "thes Financial | Sexion move?' the tion of the vessel, vás to thisness in bringing about the end; saídarse y JaussET LİS
Britain definitely meant busb Secretarypt Mir: C. G.B. Fallow
“Pyke' control ..An
privilege in practice boen exere of the emergency in Malays, be rised not only thuqui the Dicecended. But the War Minister re- tor of Marine but also by the fused to predict how long Britaja Commissioner of Police. The new would take to complete her ask Bill expressly Empowers the Com missioner of Police to grant of scting Malaya ready for inde
pendence-Beuber. excibpilon from the need for an arana: liccace: EYES AN
The grant pr-cancellation of]: aby such exemption "shall be "In the discretion of the Commissioner of Police,
FORTHCOMING WEDDING 20
MEDICAL DEPT: CHANGES
NO
Company
projects which "There has besos considerable 2017, provided there unsatisfied demand for telephones quired can be fouthfors Nal since the reoccupation of the gent time to make WHI Colony, and the Hong Kong Tale
of progressive increased framme and gather idoniul
that
phone. Company within the The Compday has Umitations. Imposed by delays hi r
jat, moth than £750 the delivery of equipment; • has hew capitat will bar been giving effect to a
im Government will take place in the provements in telephone ser- light of the dag vich die
" velopment -“projects” have rikthed before the remainder of the new capital is issued sea
"The Company bac- The style of Director of Medical quired the building now known Bervices was changed to Direcibes Toldphone House in which of Medical and Health Bervices their main exchange and omber The forthcoming wedding has by colution Pors Legislative are located and has erected which the Company has been announced of Francis Lam Council yesterday, Wendy and building in the rastem dftrict in Cheok Sing, bank: shroff, 5 of 4T1 The style of the Deputy Dires- which a subsidiary exchange ikud | Wong Chule Street first floor, ton of Medical Services (Adminis walkshowwhiba, Inenadr das Kowloon, and gaMiss : Watercia | trufive); willvalso changed to Tem realtyy their Company (kins Papa (Tavares of [172 (Woosung J5trant-
Medioland second floor," Kowloon,ngja
CORRESPOND
TOR
Cakeplaking a she- nend for tèle: porary
From the very full informatim ided, Government is satishad réasteinble that is sho
mitasion to
ሃናና
The oldest past pupil at the meeting was Mr. A. F.-Osmund;" whose age was given as 78. Mr. Osmund left school in the year 108WAY
1995- Officials alected:
The following nificiile, have "bean alwutchi for the lensuing year: President Bon. Bir. Lea D'AI- mada Casind
Vico: Presidents. Rev. Brother Director of St. Joseph's College, Mr Woo Pak-shuen, Mr. D. But- tonger and Dr. F. Dunge
Councilors Mr M. A da Silva, MIGL.KRAAkuchtien, Dr. Woo Pak-
Léo. BE, AH. Gomino, Mr Pomm Cashman Mr. G George Sim DI George Chos Min Chan Ho leung "37"M" M. "Alven "Mr. Wong Wing-cheong, Mr. Mo Shit- "Mary, "BEL. Daniel Koo, Mr› H. A. Castro, Mr, Vicent-Chen Mr. R.
KOWLOON TONG CHURCH
The Ordinance to provide for the incorporation of the saloon. Tong Church of the Chinges Christian and Misaloriázy Alliance, phated R at reading in Jetis
allós Coundi xesterday.
Introduced
the Chiopsi ary: Alliance avha
In 1800,ad
and mostings have been
loạn nheo. Tha
about 30022 BUE
EACTORIES FINER
The following fack
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