Cockburns Limited
Safety Valves, All types of Valves for High Pressure Steam Installations; Covernors and Emergency Trip Gear.
BOU
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SIDE GLANCES.
JOHN CLARKE'S
CASEBOOK
Indian
Summer
Bisley Campi. VOU leave civilian Surrey
Yund at Brookwood, where housewives are doing their morning shopping. A six-minute ride in a two- conch train known as the Bisley Bullet, and borrower for this fortnight from Exeter, takes you back half- a-century, into the at- mosphere of an Indian cun- tonment in the days when memsahils ruled
continent.
Squads and platoons
of corrugated tran: 'clubs whope
11
sub-
and
companies of brown
beE-Tents
cluster about the
ETBRS-KrOwn
station and pink-washed
hurts
walls are hung with Victorian
lengraphs, and
tented shops labelled on
of the
ground-plan bazan."
This is Histry Camp,
where
the 83rd Annual Prize Meeting
tion is taking place.
the National Rifle Associa-
tents (4 15s. for the
the In
fort-
Established 1845.
WEDNESDAY, JULY 23, 1952.
By Galbraith Judge Orders Divorce Case
6.19 gallumetty
TM, AMUK PVL, ON. Capt. 1967 by NEA Serries, bu.
"Marjorio says her now boy friend is a salesman. Wow! I'll say he is I'm going right in there and hire him!"
night, furnished) and huts (£6 Bad Driving SPLENDID
10s, to £7) is a fluctuating
population of 1,700 Servicemen
and civilians whose
totem
is
in their that
the rifle, whose faith weapon is such you feel they regard it as equally elli- cacious against an intransigeant
Afridi tribesman and an atom bomber.
•
(and revolver- and DIFLE-
pistol- and Bren
gun-) shooting at Bidey must be the world's most unspectator sport. Few except riflemen or com petitors relations, or generals' wives on
duly and on thel dignity, go to watch the
men and the handful of women who sprawl upon the firepoints on the ranges
and are $90,000 rounds of ammunition in the fortnight.
Habit
Strong comment on the habit
of drivers not toicing sumcient command of the centre of the Toad when making a right-hand turn was made by Mr Horace
DISPLAY
OF BALLET
Lo at Kow1000 this morning. but not "The Cambodian He said that this way of driving Idol Dream", a brilliant piece caused
and of ballet many accidents
showmanship, de- simply invited trouble.
per- monstrating suppleness, He fined a taxi driver, Cheung feet control of body movement, Cheung, $80
and ordered his eloquent hand expression and licence to be endorsed for care-
the rare ability to give positive less driving on July 2. Cheung value to a static
pose. This pleaded not guilty le a summons was danced
Azalea by Miss on this count.
who also was res- Reynolds, Insp. Chon sold that Cheung ponsible for presenting 14 driving along Chatham Road, other entertaining numbers by was going to
to make a turn to the her *chool of bollet in Last right when a private car, No. night's "Dance Festival" played HK39, overtaking on the right before a packed house at
side. collided with the King's Theatre. taxi because Cheung had not Ashburton Shield and. the kept sufficiently to the centre of honour of their school, com- the road,
There are no sham-malours at Bisley, either. Even school-
boys AP shooting for
e
peted also for Individual prizes worth
Listed
from
*£2. 59, 10 in Bisley's tat pro- competitions Kramne are 180 with prizes ranging from 10s.
in
Programme
the Fisted TC
10 the £250 that accompanies the glory
winning of Queen's Prize. Not
the additional awards (entrance fee 3.) presented by firms
and including "a case of six fish- eaters,
fruit **
free or
shrubs, dictionary, and three
cans of enamel.
ī
No Prosecution Evidence
Charged with obtaining money by false pretences, King Tac- ming, 30, businessman, was dis- charged by Mr Poon Yan-hot-at Central this morning when the prosecution offered no evidence
gainst
was
bit. The charge was that King obtained $10,000 from Suen Yan- ki on Feb. 9 this year by falsely saying that 21 drums of bleaching walked among the bunga-powder worth only $1.500
lows, among lean, bronzed Titanium Dioxide worth $20,000, their This cargo was offered us secur- men who hardly needed badges to proclaim their Domi- ity for the $10,000 cash. nlari origin
might have been invented 'as heroes
and who
by John Buchan, Big shots and little shots
talking earnestly
about what the cross-wind did
પ
the
To
Record To Be Sent
The
Attorney-General
PETITION FOR DECREE DISMISSED
Dismissing a petition brought by Capt. J. R. Jones, master mariner, for divorce from his wife, Klava Jones, Mr Justice Williams (Senior Puisne Judge) in the Supreme Court this morning made an order for all the docu- ments to be impounded and the record to be sent to the Attorney-General with a view to inquiry into the activities of the Y. H. Lam Detective Agency as evidenced in this case.
The petitioner, John Richard Jones, of No. 10 Flower Market Street, ground floor, Kowloon, petitioned for divorce on the ground of adultery. The co-respondent named was Peter Wong.
contested and The sult was the petitioner was represented by Mr D.A.L. Wright, instruct ed by Mr H.J. Amstrong, of Mizers Deacons. Respondent
werd
2 p.m.
YOUR -BEST.
BEVERAGE BARGAIN
WATSON'S
TRU-FRUIT CORDIALS
Living Language
Why we say Alpha-
bet.
The Inter Latin writers early in the Christian era first coin- ed the word "al- phabetum" to describo the letters of a lan- gunge by joining to- gether the names of the first two letters of the Greek alphabet "alpha" and "beta.”
the state revealed In the photo cropha and the disturbed state of ane bed. The bed, she says, WAS probably disturbed when they were zitting on after they first entered the room; it might also have been pulled shout when the agents en- iered. She attributed her slate of dress to the fact that she took off various articles to relieve her con dition when she was being ill. I fix it impossible to believe thot nore relief in this way by inking of her shoea, or that die untidy condition of her hair
normal state was the
of affairs I am astikfled that the with her. charge of adultery
is established with the degree proot required (See, Ginen V. Gined: (1948) Pro- bate, p. 170, and I so hold that clie committed adultery with Peter Wong on that date.
tkne Who al l
she did not know on the of respondent)
when they parted at the Chinese verandah of room 200.
Lam Kita further evidence was | restaurași that the later meeting to the effect that after some l'me place was fixed for the Cattle Peak Foter Wong end respondent with- Hotel. She went to work at Kal drew from the verandah into the Tok about 1 p.m. About room, closing the communicating George Chan telephoned her to say was represented
door between. Soon afterwards, he would call later at her house and by Mr V.L.J. D'Alton, Instruct-Lam Kit asconded
the obtained a ladder and take her to meet the respondent, t by Mr J.C. Stewart, of watched, through A la fonlight She left her work early and went
home. obove the room door where he ʊb.
About 4 p.m. George Chan Messra Stewart and Co.
served them in the act of commit-called for her with Peter Wong in
He ting adultery:
doscended the the ear, collected her and drove her ladder and passed
knowledge to Castle Peak. It was only when on to Harry' Mok. photographer of he asked in the car to what place the party, wito now ascended the they were going that sho learned it Indrier - fa take photographs. Us was the Castle Peak Hotel. fated, as he alleged because he was nobleed. by the respondent. Because of this fasture, Y. H. Lam and the party knocked at the door which was opened after a tort interval. and the party rushed in. By that time the respondent was not quite fully dremed: Peter Wong was naked and retain photograph
The judgment was a follows: The it a husband's petition for the dissolution of marriage on the grounds that his wife, the respondent, fiad committed adultery on Septem- ber 28. 1991. with one Peter Wong, The latter though cited and served as co-respondent, has not entered an
norance in the cause.
respondent's Answer, waa denial of adultery. Permission wis rought and obtained during the hear ing of the case to amend the Answer by the addition of the further de fence that the petitioner had conelves at and conduced to the aduery I were taken which are in evidence.
(which was denied) by the conduct Harry Mek confirmed this evidence of Lam Kit ns to adultery and the of one George Chan alias Chan Mok,
an enquiry agent in the service of | olher malters,
*Lam. Private Detective
Y H. Agrney. matter.
The petitioner, John Richard Jones, and the respondent, Klown Pitman, were married on May 10, 18. Prtar
1 shall inter refer to this
CROSS-EXAMINED
directly to Mok that George Man
The evidence of respondent and Mrs Morals as to what happened in room 200 how substantial agreement. This cyklence is to the effect that respondent wat Joined by the other three in room 206 about 5, p,m1 first they sat in the room; sandwiches and tea were ordered. After a time. four moved on to the verandah where they drank whirkey and, he
and
21
had to leave them for a little while he went away out af the
Respondent room
СОЛ feel- began to
the effect of having hat too much drink and got up from the verandah, telling Mrs Moals that she did not feel too well. She went to the bathroom and was sek. After about 6 minutes. heard a noise of people bursting into the room just as he was rejoining Chan and Mrs Morais on the veran dah. When the men burst into the room, one of them said he was a Mr Lam, private detective agent, Chan made a remark to a similar effect ond ase of the men began to take photo- graphs,
EXPLANATION
In cross-examination,
denied that any adultery had taken place. Asked why she had by a
to
Both were closely crom-examined by Counsel for the respondent us to Chan, their knowledge of George the other mate member of the yes- to the marriage, they had cohabited One can forget many things,
for some time. The evidence of bolli | pondent's party. It was put to parties shows that the marriage was
that by were having of the Kowloon
both of them
George Chan the start. At this time w also
employee of As Lam Kit's onewer was Agency Hotel. The petitioner complains that
that he is not an employee-he afton he found her bad tempered from
and he was the date of marriage. They had a frequent the agency
employed by the Agency buying and number of quarrels, after one of which she left the house and sloyed elling cars but on Reptember 23 away for the nighton one cecasion he was not employed in connection on petitioner's evidence the stayed with car purchases or males.
Respondent agreed that one photo The same quier away four nights. The respondent's | Mode'a oniwers to
to particular "showed" "her slate or evidence was that there had always thon were that he, had imowa
drem, lier expianation of this matter been misunderstandings both before | George Chan as a broker for selling
was that her dress had beers light and after the marriage. If it were care; that he had no office but and she had unzipped it when the true that there had been misunder
Os conducted the bushyesa
the was being sick in the bathroom; she standings before the marriage, It
street and that Mok bad met him jhed also taken off her belt, necklace would seem that they entered rather on an occasion when he went to and shoes with the object of getting light-heartedly into such a serious have a car repaired. It was birt more relief at the time. Contract us marriage, considerfing
respondent that neither party is in the fat flush of youth. The respondent attri butes the failure of the marriage to petitioner's fondness for drink ro- suit or in fits of bad temper. It is admitted that during the early months of the marriage the respondent had been and undergolog medical treatment. The petitioner admitted that at times he lost his temper with her. It may be that he did noj make sumetent allowance for her stre of health. I formed the opinion that the respondert was not an easy merken to met on with but there were faults on both sides,
ORDERS INVESTIGATION
the petitioner left In July 1940, the respondent and went to reside drewhere. He gave as reason there- fore that he found impossible to continue living with her. In August 1940, he look steps to have watched as he believed that she was misconducting herself, he instr
S. Lam, the head of a private detective agency, to investigate her conduct.
Fine decor, artistle lighting effects, beautiful costumes, choreography by Virginia and Azaica
Reynolds and music played by the Band of the First Battalion the Royal Ulster Rifles all contributed to the success of the performance.
а
on
was an employee of the Y. IT.
be driven out to tin hotel Lam Agency at the relevant time. Mak replied that as far as he knew, George Chan was not employed in tranger, she replied that the drive I was a nieɛ one; the place was a sum- the Agency and he had never seen | mer resort and she knew her friend him work there,
was going to join her. It was cog- At this stage of the hearing ingested 10 her by Counsel for view of the unsatisfactory nature of petilloner that the knew quite well the repiles and of other knowledge, when she drove out with Peter Wong which Counsel for the respondent that the purpose of the journey was had obtained, he sought for in my to commit adultery for gain: alao opinion very rightly and obtained that she was an immoral woman leave to smend his Ariswer by plead | prepared 10 commit aduilery
With anyone ing connivance.
who would pay her.
was suggested Morals that she did not feel too well. about together and that she acted as A procurets and, in particular, it was she who secured Wong in this ense; that, in fact. It was she who had Arranged the porty on the 28th. Respondent and Mrs Morals denied those ruggestions.
As to the position of George Chan in the Agency, I refer next to the evidence of.Y. H. Lam, the head of. the Agency who was subpoensed by He stated that the respondent. George Chan was still in als employ ment (le: on 21/0/531 and had been for the last two years; he was the senior investigator in charge of all the informers. He described him as part-time employee but said his reason for so describing him was because he did moi stay in the office
to
In oriental mood, based Ratelby's "In Monastery Garden," Miss Reynolds, Betty and Allee Lee did a Tang splendid display in "The Jade Bracelet." It involved dimcult technique: the "pas de Bourree"
LAM'S TESTIMONY suggestive of gliding were effective and beautiful,
and the
There, only remains the evidence balanced Arabesque leaps were
of Y. . Lam, head of the Agency who was subpoenaed by respondent, apt. The music was fitting.
Petitioner's evidence on this point Chan's employment difered that he stared that his first drfor lon
H. Larn. 1
very about the matter came to huom is that he wald Minor blemishes, such ឆន
is committing little from that of another employee Mrs Morals on September 21% the bellave
witc my
A. W, Piper whom he also described then Informed him that respondent slightly premature entrees in adultery. I want you to watch her
was going to meet a Chinese,
Malo evidence on this is senior investigator. At any rate ensemblea, some rather stiff and Lam's
next day at the Chantecler Restau- awkward projection of arms,
that petitioner said. "I want you to of his evidence. Chan and Piper were
rant. For this information be later wife's adulterous his most senior employees. He was investigate my
pald her $20. On the next morning could not overshadow the great conduct Boon afterwards, petitioner prova ne tung to say the least of it.
at 10 a.m., a to when he described him as part-time
he Instructed Georg and on er merits of the display.
went to sca
1949 hn merely bestuse he was not in the
Chan to collect Mrs Morais and take Hongkong in September
her to in at the Chantecler and found his wife had left the Hotel. office all day, In view of Y. IL Lam's Tiny Mary Lo
find out where respondent and the ns the Bat
She had gone to Montin for health evidence, it is abundantly clear that
Chi went after the inerling, at Princess
friend bath Lam Kit and Harry Mok were and stayed with and Nancy Kwan as
reasons
the Chantecler: that when he had The Girl
whom she helped with the running lying in their evidence about George in The Haunted
ascertained this. the work in the of a boarding-hour in return for her Chan. Obviously they knew
matter was Rnished. About 1. p.m. London Promenade Orchestra: Ballroom" did the points very keep and o small salary.
She well that he was an employee of George Chan telephoned him, to kay 0:30. Song and Dancy in Britam.
util December, remained there
Y. H. Lam on September 24. Programme from Northem Ireland well and danced with mature
that respondent and the mele were returned to Hong- (BICTS); 7, Lucky Dip Varisty grace, pliancy and expression. 150 when ent
going to the Castle Peak Hotel. If RESPONDENT'S CASE keng. Thereafter Y. H. Lam kept Requests presented by Margherita Shirley Xavier
Y. H. Lam is giving irus evidence (Studio): 7.50 Weather
also showed watch on her and made periodic
that at 10a.m. he told George Chan La reports to petitioner.
end when he had ascertained where that his work in the affair was to
the respondent and Wong were, co- Ing after Uffia, then Chan. Has been quity of gross disobedience for which he ought to have been die- missed. He is still in Y. II. Lam'ı
Radio Hongkong
H.K.T
to their 'shoot. And there were 0. Programme Summary: 0.04. Children's Story--"Winnie the Pooh" Londoners, hardly less bronzed, by A.A. Milne (BBCTS); First Ad- on their way to and from their} clubs-the North
London, Ben Winnie The Pooh and Some South London, Middlesex, or
- who Surrey -
talked of the mame things. All wore the same studiously sloppy clothes the bush-hals that were such change from bowlers. At Bis-chestra of the Week. B.B.C. Sym-
and
Report: B,
Time Signal, World News and News talent and promise in Tolk (London Relay): 6.16, "Songs of Katerina". the Road" by Nelson Eddy: 8.30, 07-
Orchestra; 9, London Studio
The Warsaw
Concerto
Wax
ley men soem to become boys Melodies. Peter Yorke and his Orfine music played by Mr George again. Notice-boards are whim-chestre with Pearl Care (DDCT) Parkes on the piano. sically altered; I am sure that 9.30. Twelve by the Mall (BECTS); A Díasque based on the story by apple-ple beds are a
anu pra-
peril.
Was
wbre
gav
the
rightly Hans Andersen. written
"La Fiesta”. colourful, duced by Franals Dillon: 10. und lamboyant, featuring Outside the Welsh XX Club Olympic Report, (Recorded Lon- whole company, brought the
a white-haired woman of witness
dont Relay); Including Eyevening to a close.
accounts, commentaries 65, widow of a solicitor. who and Interviews recorted from
breeches, Wellington Helsinki: 19.16. Doit Van Der Linden The proceeds go the Brillsh Heinis Metropole Och Radio Irene.
10.30. Services Boots, a blue blazer and
Welfare, Funds. open- The Tunerut Twenties: necked shirt and carried a P14 News Heel London Relay): 11.15. Weather her shoulder. Her Goodnight Music; 11.20, zafie, over Mrs Minnie Emneis Report: God Save The Queen; 15.30, name was end she had come to Bisley for Close down. her holiday from Ynysmudw,
near Swanson, to shoot, She reckoned hor holiday would
£10
cost her between
£20.
She may win some of back (it includes 24 81. trance fees) when she Competition shooling.
and
that
că-
starts
when
INTELLIGENCE TEST SOLUTION
"catch" here in
that The ** 1324)” in not a date in the sense of Feb. 19, 41, but s for, multiplication.
33.2411000
Privy Council Appeal
of
I now, come to the evento September 20, 1951, on which date It is alleged that the respondent the committed adultery. Though petition contained the unul general allegation that she had frequently committed adultery, reliance I put only on this particular one. There was no evidence before me of ans other incident from which I could possibly find that respondent had
committed a matrimonial offence.
I now pass to the case for the respondent on this eplande al Castle Peak Hotel. She stated that about September 23, her 1 am on
called at her friend Mrs Morala house and said that a telend of heri (le. Mrs Morals) George Chan, and another person whom she did not
Chan
muxgomed
employment, I did not reach the
conclusion that I should attach great credence to parts of Y, JI, Lam's evidence.
TWO BEAL ISSUES
reluctant to come forward, agents Bre prone to come forward becaus they feel rure the tale will be well received. This type of mug, fo
know called Peter Wong had seen both ladies in the hotel and hod expressed the wish to meet respond ent and have a parly that day. Respondent agreed and she weni downstairs with Mra Morals who in- troduced her to George Chan who was
I now turn to the two real irruer namely, adultery and waiting below in a car. After the for decision. ADMITTED FACTS
connivance. This is the type of case Introduction. Chan drove them "to
where the seavery of ndultery is a whore Evidence regarding the incident on the Chantecler Restaurant September 20, 181, was given by they were joined by Peter Wong. source of relief to a vetitiongs rather
'members of hũ |They then, drove
Chinese Y. I, Lam and
than the case where the discovery of adultery bi a source of gain and ataff and also respondent and a Restaurant where they had a meal.
petitioner. Was Then Wong and Sirs Morale. The
discomfort. The agent Y. B. Lam was well aware that the petitioner absent from the Colony at that date they should go on to another place would
be pleased then displeased Respondent with end had no knowledge of it. The to continue the party.
the news that respondent admitted facts are that the respon agreed-Mirs Biornis was working on | had
remmilted adultery: in dent, a friend of hers called Bir that particular day, from 1 a.m. to the former care. Instead of being Murais, Peter Wong (co-respondent), |0 p.m., and had to got back to work and one George Chan silas Chan-respondent said she would not go Nok went to the Castle Peak Hotel Rhywhore without Mrs Morais. on the afternoon of September 28, George Chan then lett about noon 1851, where they occupied a room to take Mrs Morais to her work- therefore, one in which the Court (Continued from page 1) will verandah. It was in this before they separated, respondent
room on that occasion that it is
magrested that the party'should be Republie over which I had said that respondent committed adul- at Castle Peak Hotel. It was then
Peter Wong. For the tery with
The respondent and Mrs Morals arranged that Wong should drive derry that adultery took place. Lam established effective control:"
prútoner, Zam Kit and Harry Mok her to the hotel; come back and Sir Hartley contended that on employees of Y. ir. Lam gava
Kit and Harry Mok say that were falch George Chan and Mrs Mornin,
eye-witnesses of adultery. any view of the matter the true evidence of the inerent; for the Wond then drove her out t
and hotel,
Up to September 20, there is na purchasing Н bottle scope of the doctrine of retroac-tapendent respondent
evidenco before me that the respon Mornis, also Y. H. Mok, on sub-
whlikey "and a book, on the way. with ivity was that it
to was applied
dent had committed adultery. porna, gave evidence. I shall refer On arrival at the holel, he booked shots | validate only those acts done by
the evidence have to the evidence of each briefly,
to regardi room 300, loft her there and re- "I've the de facto government within Lam Kit stated that Y. H. Lam turned to town where he collected bearing in mind that they have lied thane eye witnesses with great care, its own furisdiction.
and four employees of the Agency. George Chan and Mre Moraisther on T. II. Lam's Instructions given arrived at the hotel between 4-5
Cleorge their evidence about about 1 p.m., drove to the Castle.m. and joined respondent in room Fatan, on the verbal evidence of Peak Hotel where Y. H. Zam ene 200 where all four had tea, gand- these eye-witnemer, I would have
aged room 212. Between 4-5 Dwiches, followed by whiskey, George Chan, Peter Wong and Mrs Morals arrived at the Hotel. Ouer
and "A hote haita big shafta” {*
JO, PERLENUE D'
The Batile of Hastings.
London Expriza Service.
She
Queen'o Prize, then."
started properly MRS
RS Francis will are the Empire's crucit for the Queen's Prize. not done so badly this year," the said thoughtfully.
SHE took up shooting serious laughed at the giddy thought.
ly after the war, shooing again, and came to Bisley Arst with the Home Guard, which was frightening, the salt, bo- cause everything had to be done Army fashion under the eye of a general.
"People think I'm crazy do
"One fact which emerges as As I left her, a group of perfectly clear on the evidence purple-bereted paratroops stalk-
sides is that for reasons of both ed past on their way to the good or bad, there was a ground ranges. And the strange thing ing of these aircraft. From that was that it way they, not the time it was, in my submission, the who semed out of place in Governor of Hongkong and the
authorities who airport
AUCTO in effealiye control of the alc craft" he declared.
WOMAN'S EVIDENCE
the
of
hound to watots the evidence of ch attents narrowly,
I af
fnow.come 10 the much more dimcult question of connivance. Counsel for the respondent on this aspect of the case referred me in particular to Gower v. Gower, (1872) 2. R. P. & D. p.420, the headnote
em of which reads: "If a person ployed by a husband to watch his wife for the purpose of obtaining evidence of adultery, brings about as act of adultery, the husband cannot obtain a decree of dissolution of marriage on the ground of such adultery, although he may not have directed or authorised his agent to Irring it about." I should here add that there is no evidence whatever that the petitioner did so direct or authorise the agent.
TOLD LIES
I am quite satisfed that respondent and Mrs Morale have led in their denial of what happened in the hotel room. Is their evidence as, regards how the marty came to take place correct? There is no evidener before me that respondent prior to Septem- ber 20 was an immoral woman-che had been under observation since the beginning of the year-ords there any evidence to show that Mrs Morals. had been acting as a procuress on her behalf. Counsel for the petitioner submitted that I should reject the evidence of respondent and Bir Morals that George Chan was the effective cause of respondent's meet- Ing Peter Wong on the ground that both had lied on the matter of adultery. I am not disposed to agree that because witresses have led in ane matter. their evidence should be rejected in toto. George Chan was available and could easily have been called by the petitioner to give bla verslon and in particular the reasons why he was present when adultery was taking place. Mrs Morals pays she was promised a watch by George Chan if she effecied an introduction between Peter Wong and respondent: V. I. Lam says he gave her $20 for her information that respondent war" going to meet - Chinese
Chantecler the
Restaurant: He Instructed says he
George Chan to go with Mrs Morain lo shadow respondent. It is dimeult o coma to a decided finding a lo whether Mre Marais knew that the purpose of the parly arranged by George Chan was that adultery should be commifted. I do not be- lieve for a moment she was pro- nised a watch only to effect an introduction but I can well belleve Y. H. Lam's evidence that she was paid by him for introducing respon dent to George' Chan and Wong,
מלה
SATISFIED
Peter
I am satisfied that George Chan and Mrs Morals did go to respon- dent's home on the moming of the 28th September; ist George Chan drove the two to the Chantecler where Peter Wong was wolting, by arrangement between birhank and Chan, and that the Umn parly took place for the purpose of bringing Wong and respondent together and that "the proposal the party should be continued that evening came from Chan and Wong. I am lo satisfied that Chan's purpose
L
doing all this was to bring about the occasion for adultery. If "respon- dent was the type of person who would commit adultery" with any man, then she had ample oppor- tunity to do so when she arrived at the hotel alone. with Peter, Wong,
had been sent
It is not suggested that she did. Counsel for the petitioner argued that the reason the did not do su then was because she wanted; hiru Morale to be in the vicinity at the important moment end that sels people usually hunt in couples." 11a uzreated that the only reason George Chan was present was be cours Peter Wong back by respondent to fetch M Morals and he had therefore to bring back George Chan as well, and thereafter events took their courro. Later in the afternoon. George Chan and 18m Morals arrived at the Hotel, He Instructiona il Y. H. Lam, is to be believed, were to drop out of the matter having learned of their destination. Why did he not real content and allow his master to carry out the obser Unisons In this connection, it i
akk why Lam Pertinent to
Tel flotry Mok⚫profenied to be ignorant that Chan was actually in the employment of X-fl. Lam at the time. They naturally could not pretend to the Court that they were not interested in the question wheltier adultery Look place but they clearly tried to mis. lead the Court into the belief that Chan was an uninterested party, which was not, the cam. He had the highest interest in securing t commission of. • matrimonisi
· offence,
BURDEN OF PROOF Various cases' were cited to my by Counsel bath on the question of t10 burden of proof in connivence and also to show that this facta in some of those case wern, either, kimlar to be very tar from the present farts, The casus nn theiz. facta.are not on all fours with the prose ane-ruch indeed rarely happera,
been unable to and that the pell Honey had proved adultery. There remains, however, the evidence af ing the at my age," she said,
evidence showed that Peter Wong Mrk. Morais" evidence here diítèrs | the photographs which I am Batte "but I tell them I'm
the serpondent fled are genuine getting
Hotels earlier in the day.; had enl. She stated that Goerge Chan has admited that they
to the baly: slightly from that" of respond- driven respondent
correctly engaged roun 200 and then gana suggested to her on Bepteniber 27, show her and also the state of one back to town to fetch George Chan that sho' should invite her friend bed et be, time the agents entered. And Mrs Morals. Y. H. Lam and fle, respondent), to meet his friend the room, The burden, of course, his party dook up their positions Peter. Wong; he promised to give lies on (o paliiioner to satiaty na CR the verandah of rooms 213 whore bar wrist-watch for effecting the with cogent evidence that respon they could watch Meme Wong ani introduction, According to her Ident commited adultery.The respon- Chan, respondent abd hire zázemia ovidence (here it differs from that I dens wdvynord, rongous for being in ! No, sureful purpose le meyed in con,
better. By the time I'm 70 141 be real good. I might win the this soiting.
ARTHUR GRAY for and on behalf of South China Morning Post Limited at 1-1 Wyndham Street, City of Victorie, in the Colony of Hongkong.
Printed and published by STEWART
The hearing was adjourned until tomorrow-United Press,
Mand Found Not Guilty
Without retiring, a Jury
of five men and two women returned a unanimous ver- dict of not guilty against Cheung Wul, a native of Kiangsu, charged with armed robbery at 105, Tam Kung Road, Kowloon, on April 8 this year.
Together with another man not in custody, Cheung was alleged to have stolen p quantity of jewellery, two wrist watches and money. One of the men was alleged have be:n armed with a revolver,
a
до
Yesterday, the case had to be adjourned because the recused wished to call witness who ho sald could definitely be located in Ngaushiwan Kowloon City.
Th, Mr Patrick Yu, announced that
Crown
no such man existed In the vicinity and added that the n2- cused only knew his surname.
His Lordship (to accused): This alleged witness, which you Бест
to have, dose not seem to exist. You have succeeded In wasting the time of the members
of the Jury and in sending the Police on a wild goose chase.
The Crown case hinged on the identification of the Dacus
daughter the
by the 15-year-old and 11-year-old son of woman complainant, Wong Sau- ying.
The accusod's
a case was complete denial of all The allegations. His statement in
answer to the charge was, “I did not do this thing.
!
Alleged Arms. Possession
Three unemployed men were changed with possersion of armis ammunition without
A
and licence and were ordered to, be reinandod 24 hours in police custody for further enquiries by Mr Poon Yan-hol at Central this morning.
The defendants, Wong Chung- hon; allas Wong Fee, 37, Chou Hung, alias Chau Hon, 38, and Leung Wah, aling Li Ching were charged with having in their possession one 38 Smith & Wesson revolver and five rounds of ammunition on July 21.
sidering what in one caso did con- silitule conniyance and in another did not. My duly is to decide tie present case on the facty, as I find them." giving due weight to the manner in which the witnesses gave their evidence. As to what con
■titutes connivanco, I quote from the judgment of Bucknell, in Manning. Manning,(1050) || 1 A.E.R. 042 at 603-
"The principle which undorites the doctrine of connivance which was cited by Willmer, J., was laid down by Sir Cresswell Crosswall in Genie v. Glennie & Bowles, An which ho sold (32 L.J.P.M. A.20)!!
I think that.. to establish conni- vanca it is requisite, not that the party conniving should be actually, an accessory before the fact, so to have taken any active measures to bring about the result of adultery, but that he should be cognisant that such a result would follow from certain transactions that he ap proved of and consented to; arid, therefore, on the principle volenti nan ft juria, he cannot compla of any act he passively assented to"."
Buckmill L.J. then goes on to ex- plain that in between the extremas at one end of the scale of being an "accessory" to adultery 1.0. an ac tive promotor of it, and at the other end of the scald "conduct conduc ing to it, Tes the rather undened area of connivance which Je largely a question of fact.
SHIFTY
WITNESS
It was clear to me that at the very beginning of the cross-examination of Lam Kit by Counsel for the re pondent that he was a most skitty witness. The same avoiles, to Harry Mok. As the case proceeded. I be- came more, convinced that the w}L- nesis who came from the Agency were doing their best by lying to persuade me that their Agency hrd done nothing to encourage of bring about uie, adultery, 1 ccept the Atatement in Jaysen on Divorce, sni edition, p.115 that under our law at. divorce, the presumption is against the existence of cunnivanco and, o catablish it, the intention must be clearly shown. The burden of proof rests on the respondent, I asti katie- ned that George Chan kl not mara- ly act a person who went to the titel to see what was going on-he was the perton who, with the help of Morals, brought respondent and Peter Wong foraller, with the object of promoting adultery, and thereafter was responsible for getti up the party at the Ilotel and that ho went there and encouraged respon- dent to take drink in order that the might tho more easily succumb to templation. For, these reaPORIS, hold on the authority of Gower v., Cover (ra) that there was com nivance on the part of the petitioner although he did not direct or nu thorize his agents to bring about adultery.
7 therefore dismiss the polition-- with coats to the respondent. I ehould add, that had I thot find connivance, I would consider this a case where I should exercire, my diveretion in favour of the petitioner. and would have granted a steered plai of disolution.
I order all the documents to be impounded and the record. 10 ba sent to the Attorney-General with view to inquiry, Into the activities of the Y. I, Lam Detectiva: Agency sa evidenced in this case,,