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Action To Set Aside SIDE GLANCES
Order In Court Judgment
An. action seeking to set aside an order in the judg- of 1947 ment in Original Jurisdiction Action No. 257 (given an Jummary 14, 1950) on the ground that same had been procured by fraud by one or more of the present defendants started before the Senior Pulsne Judge, Mr Justice T. J. Gould, in the Supreme Court this morning.
The order ande by the Court in its judgment was hat the fourth and fifth defendants were to assign the property (New Kowloon fulant Lot No. 2791, formerly known as the Shamshuipo Theatres to the first three defendants in the present_action......
Plaintiff is Cheng Wai-tong. The action was started against merchom, of 4 Fuk Wing Street the fourth and fifth defendants in and he is represented by Mr Join the prmant nation and claimed McNeill, QC, and Mr S, V, Gatius, (a) a declaration that plaintiffs on the instructions of Mr F. G. were the beneficial owners; (b) a declaration that as such beneficial Nigel.
owners they were entliled to have legal estate of the premises vested in them; and (e) an order that the defondants execute a confirmatory deed and do all other things necessary VRIL legal estate in the plaintiffs.
The five defen:lants, are Tang Kam, merchant, 114 Electric Road; Leung Chi and Ll Ewok chlu, orchinis, both of 118 Queen's Road Central: Sul Feng Cinema Co., Ltd., 51 Connaught Ioad Central and Wong Feng. 368 Nathan married woman, Road.
Arst three Appearing for the defendants are Mr Leo d'Almada, Oswald Cheung QC, and Mr both instructed by Mr 11. L. Kwan.
The fourth and Atth defend ants were absent and they are) not represented by Counsel.
Mr
4. Bernecchi, Brook instructed by Mr V. 1. Chan appeared for Mrs Fong Chu-shi, liquidator of the Cinema Com pany.
What the Court had recorded os Its judgment, which Counsel was seeking to set aside, did not concern
the declarations. It made a delinite order that the Wong Cinema Company Fong were to assign the property to the plaintiffs (the three de- fendants in the present action).
and
praceeded to
and
next Counsel read the pleadings in OJ Action 257/47 and sald that the Court might feel that the defence sled was substantial defence that insofar as his client was cancerried it consisted of three Mr Bernacchi said that at o
(a) Ha Shiu-tong ilems, viz, later stage in the proceedings
authority had no
seil the pro- to the Court would hear a resolu-perty; (b) the common seal of tion that was passed by the the Company oп the document Company cancelling the liquida. wus a forgery; and (c) there tion.
said that the unly | was fraud He
on the part of Ho way that could be done was by Shin-tong agains: the Company in the sale of the property to petition to the Cours.
Wang Fong, his wife,
In asking leave to, withdraw, saying that his Instructing soll- eitor would watch the proceed- inga, Mr Dernacchi said that he would be available should the Court desire
WRIT ISSUED
·Established ·1845
MONDAY, MAY 18, 1953.
By Galbraith
BALT
"like to sit through them twice because you notice things the second time you didn't the first-like that boy sitting ahead of us, for example!"
Secret Talks
In Tokyo On Korean Truce
Tokyo, May 18.
Soldier's Murder Trial Opens At Criminal Sessions
SHEAFFERS
Skrip
From The Filon
100 Years
Ago
We quole from a Salts Times Extra of 10th May, an- other coolle tragedy-that- of the Peruvian barque Rosa Ellas, in which, as usual, the Captain... and European officers for the vessel have fallen ' victimis" to the despair engendered. In the Chinese by the cruel and mer- clless grood and mismanage- the Criminal Sessions this morning of Pte Bernard Cox, 23, of the 1st Bn.,ment of the "dealers in human flesh. In the present instance, Royal Norfolk Regiment, of Eversholt, Bedfordshire, charged with the the inciting cause was want of murder of a medical orderly at Camp 67, Norwegian Farm, New Terri-water, and this at the very tories, on March 21.
The trial opened before Mr Justice C. W. Reece, Puisne Judge, at
The accused, who is defended by Mr Charles Loseby, QC, is alleged to have shot the deceased, Pte John Needs, with a rifle taken from the camp guardhouse after he had been brought to the camp from a dance hall by Military Policemen.
GUIMGAM
INQUEST
At
commencement of long voyage. One pint each per day 200 · men)
to quench the thirst of
of them slik, crowded
Zome
into the between-docks of 1 vessel of 300 tons, in the south- weat monsoon, and under a burning sunt What must their sufferings have been? And
it any wonder they rose, upon and destroyed those they con- sidered their opprestera?,
that was
Cox pleaded not guilty, and an all-male Jury was empanelled.
The Prosecution is conducted known their intention that they charge the by Mr D. F. O'Reilly Mayne, were not going to
The latter appeared Crown Counsel, Mr D. G. Mac-accused.
Eleven of the coolies hava pherson, Director of Criminal angry. He walked up in the boon committed for trial, and
of the guardroom. Investigation, and Dotective In- direction
the investigations will most spector E. P. Grace appeared shouting and demanding that he probably — as in every case of a similar nature hitherto be- be put into the gun
guardhouse. On for the Police.
fore the public elicit facts Mr Loseby reaching it, he put his fist the outset,
showing asked His Lordship if he would through one of the windows and
shortness of cut himself on the wrist.
water
the not allow a inedical expert he was
only Cox then entered the guard-grievance the coolles had to Calling as witness to remain in
where 1three
soldiers complain of, well may a cor- during the hearing at this room,
were. One of them went out to respondent ask. stage of the proceedings
His Lordship
replied that if get medical help when he saw
"When had no
Cox's wrist and another obje:- Crown Counsel
followed shortly after. The tions, the Court would agree to
in third man, Cpl Mercer, will. this.
say that he saw the accused lying about pick up anc of the rifles place and try to load it with ammunl-
(Continued From Page 1)
he did not answer. He closed his eyes again, but after a short while, he said "Calvo went back
to Manila, black eye. I tried again to get him to tell me what happened, but he went back to sicep without saying anything further", Omar said.
Mr Omar added that he
Crown Counsel stated that it was not very proper for a wit
neas to remain in Court. nt this
stage, and that he opposed the
noticed that the right part of eppication.
the deceased's nose was bruised, His Lordship then sold and that the flesh under both thought it best eyes were bluish.
in
for the witness question to remain
out of
for the
On Mr Channing's return. Mr Court in the meantime. Omar said that
CAMP INCIDENT he related oil
Outlining the caso that had happened in his ab- sence, after which the two left Crown to the Jury, Mr O'Reilly the room, and walked up and Mayne said the charge arose out down the corridor, looking into of an incident on March 21 this 67, Norwegian at comp the room occasionally. He said that while they were walking, Farm, the events in which cul- minated in the death” of a an omah of the hotel cams that medical orderly. Guingam
the
Diner
tion which were also on hand.
чт
are these frightful massacred to cease. Again and again have the agents in the coolio traffic declared that they would wash their hunds of it, and again and again has the love of lucro proved a temptation too strong to be resisted. What
Cnl Mercer took the tile from one we to think of mon of com- respectable standing
| Parati
paratively the accused, and walked out of society, leading themselves as the guardroom with the inien- tools of a system tion of reporting the Incident, such Before he left, he looked back and saw the accused loading another rifle.
TWO SHOTS HEARD Crown Counsel went on
newspapers
Tho
replete with horrors? For have
· it n is true colours; but while in dividuals shrink and shudder at the bloody scenes
enacted, before their eyes, the various govern- ay that shortly after, two riflements and their officials look on the most apathetic "in- Insile the guardroom. Witnesses will say they saw the accused the Ministers or
difference. Not a word from
or Consuis walking about Inside it with a
on the
to
That being the position, Coun-
shots were heard coming from with to hear him on sel went on. the Cinema Com-
pany on
the question of whether at the material date the Company was In liquidation or not.
PLAINTIFF'S CASE
Opening for the plaintift. Mr McNeill said that his client wit seeking to set aside a judgment
May 28, 1949 issued his ellent in writ against
Company sought a which the declaration by the Court that the
of sale and agreements purchase of his client were null and void. statement of claim in that ac-
of
As set out in the tion 03 227/49, the plainus in OJ Action No. 257/47, which | (Cinema Company) sought
on January 14, declaration that the purported was delivered 1050.
agreements, appointments Counsel said that the proper y liquidators, etc. were null and which was the subject matter of void. that action belonged to the
In October 22, 1940, his fourth defendants(Sui--Fong
In 1947 his clients started action 470/49, Cinema Co., Ltd.). client entered into a contract to on the statement of claim was
nafiled on November 2, 1940. the properly
and an purchase
Hearing is proceeding, agreement of sale and purchase was entered into between plain- 117 and two persons who pur- ported to be the liquidators of The Company, their names being | Kwong King-lee and Kwong Man-chi
About this time his client re- sold the property, Counsel said.
The Company was at that time supposed to be in quidation. Subsequently it was found that the extraordinary meeting called
to pass the necessary resolution wan not val
validly WAN
called, ang an brought for the pur- action was pose of setting the liquidation aside and In that neilon (OJ No 250/47) judgment was entered in November 20, 1945, the liquidation
neide
In December. 1948, his client entered into further agreement with the new 7iquidators of the Company upon a new quida- tion, Counsel sald. These liquidators were appointed by a special resolution on Novembe 14, 1948. Counsel handed up to the Court a resolution for the winding up of the Company and a notice by Kwong King-lee that he and Kwong Man-hong had been appointed the new jlauldators.
ik
Since then he understood there had been a change of ap- pointment of liquidators and Mr Bernnecht had earlier. Informed The Court that be was spycaring for Mrs Fong Chu-shi, ALLEGED SALE
Radio Hongkong
4. Time Bignal and Programme Summary: 0.02, Children's Half four presented by Sally Ann (Studio); The Coronation of our Queen No. 5 "The Children's Messages" (Part 4) (NBCTS: 6.30, The songs of loagy Carmichael & W.C. Handx; 7. Sout
7.30,
General Mark Clark and Lt-Gen. William Harrison will meet today for a secret talk that could set in motion another compromise move to- ward breaking the Korean truce deadlock.
The Allied chief truce negotiator and two other delegates came in from Munsan, Korea, on Sunday, the first day of a three-day recess in the Panmunjom armistice conference.
The Allies naked for the recess for "administrative { reasons." They were believed to want time for consulta- tion among UN governments concerning the deadlock over what to do with war prisoners who do not want to go home.
to them, and told them
floor.
was
lying, on
ON THE FLOOR
the
a fin taid the Jury that, at this rifte-in his hand. He was next spot-not a word from the mis
wanted of the trial, he them to bear in mind that, after the evidence
had been unfolded, On entering the room, Mr it might occur to them that the omar said that he saw Guingam tragic consequences might not lying on the floor, resting on his have happened had a more firm left elbow. He was conscious, course of conduct been pursued and told us that he had tried to at the scene of the incident by got up.
the military authorities.
room to see if Dr Ribeiro had hnd not-yet arrived, he went arrived, but that as the doctor back to the room, and saw that Guimgam was again lying on the bed. Mr Channing told him that he had helped the deceased back to bed.
will
48
mca-
human es
alonaries! When will the en emerging with the ride. A soldier will give evidence sure of iniquity be full) that the accused shot over his
men learn to treat head when
follow-men He turned investigate the commotion, and the system
up to
It is earnestly to be hoped has now reached caused him this from the scene. to go away its climax, and that the authorl- Two medical orderlies presents will at length be compelled to eradicate an adopt measures to appeared. As they were passing evil, that has grown up under Mr Omar said that he left the However, Crown Counsel con about 12 feet away from the their very eyes, and which, it tinued, the sole issue before the accused, the accused told them not directly encouraged, has at
whether or not the to "run away." They turned to accused was guilty of murder, run. A shot was-fired, and the those whose duty It was to have Jury was
all events been winked at, by a cry and fell. And to constitute the crime of deceased gave
crushed it in its infancy. not necessary The other orderly heard a second Some quarters believed that tally impossible," Peking sold.
murder, it was
10 for the. Prosecution prove shot as he ran. Mr O'Reilly the United States particularly "It is obvious that an agree
.. PROCLAMATION. whether there was a motive or Mayne and the accused then wanted to seek an understand- ment eart be reached
After the Supplementary Mall. now if
went back into the guardhouse, had closed. yesterday, not, ing with Great Britain. Prime only the United State govern-
All it had to prove was that where he was later fount lyingceived, by Lorcha from Amoy, Minister Sir Winston Churchill ment had real sincerity," D: Ribeiro arrived at the hotel the oct was an unlawful killing on the ground with the rifle. The the following translation of a has given qualified endorse Peking nie.
shortly after 2 p.m., and imme-committed with intention. - deceased received immediate first Proclamation issued to the mer- ment on the eight-point Com- "The American negotiator. diately medically exomlaod the Turning to the facts, he stated and treatment, and was taken by chants by Hung, the insurgent munist truce plan which was after repeatedly raising a host of deceased, cald Mr Omar, Ho
would be given ambulance to hosptal, but died leader, previous to the capture that evidence turou down at Panmunjom. trivial administrative detalls,
added that in answer to questions that on the afternoon of March on the way. With Gen. Harrison on
of the towYL;——- the toole the step of bringing up s by the doctor. Gug 21, the accused was in Luen
say 'Cox "Proclamation by Flung. to Tokyo aboarti a special
Commander-in-Chief DE ForceR plane were Lear-Adm. John C. counter-proposal which peated what he had meviously wo Hui Village, near the camp, appeared to be unconscious in
alms at dorcibly retaining the said about the Lee Theatre and
event,
under the Chinese great Ming Daniel and an Army brigadier prisoners of war and attempting
three soldiers.
In company with a dance hostess the guardroom. In any
dynasty to enforce military dis elpline for the security of · qpin. general.
and another member of his re- ok up later and his own in-
jury was treated.
merce and the inhabitants, Digiment. Asked if he was pessimistic | Tegotiationsfle present basis of
Later, the accused met other soldier, Pte Cook, together they went to a bar,
Aight
Donk Merry-go-round. Variety Fanfare-from the North of Marino&is Cuban Orch.: England (BBCTS): Repeat of last Thursday" Broadcel; 7.49. Weather Report: A. Time Signal. Warly New and News Talk (London Relay): 0.15, Artial of the Week-Campesi (Violin): 0.30. Guess What? Quiz
D. knew
to undermine
ཝ
any an
as agreed upon. about the chances for pence in "This exposes the fact that the Korea, Gen. Harrison replied, US Government, stili lacks "A soldier is never pessimistic. sincere desire to achieve He just takes what comes." urmistice in Korea.“
OUT OF TOWN
The next meeting of Pannua.. Gen. Clark
was reported to Jom was set for 11 am, Wednes- Programme compered by Robe out of town on Sunday, at day-United Press, Nichart A Talk by tending a shrine festival in Nik- |
-H..
Samuel (BBCTS): 5.15, Viscouni
Review" presented by "Record Curtis Hindson (Studio); 10. Forcon Bill Recorded London All-Star Relay); 10.59. Weather Report: 11. tadio News Steel (London Relay): 11.15, Goodnight Music: God Save the Queen; 11.30. Close Down.
Children Greet Queen
Mary Maisya wants very iouch to be nurse "because some of our villages are dirty and went lo teach people to live better." She in
ko, north of Tokyo.
Red China,
the through. Peking radio, took advantage of 'the recess in the truce talks to oppose the Allied demand that war prisoners be given the right to decide for themselves. whether to go back to the side from
which they were captured. The Allied principle is "en-
of the Tampuca tribe and her father 1irely wrong" and "fundamen- in a driver at Lusaka in Northern Ithodesia. Mary revealed her ambi-
tion in the message she recorded for the fifth programme in the series "The Coronation of Our Queen". which has been produced by the BBC Colonial Schools Unit, and can | be heard at 6 pm. to-day in Children's Haif Hour over Radio HK. Asquith, The stan
Few men could be botter quailled than Lord Samuel to give an ap preciation of Mr Asquith-as he is till generally remembered, although -he was created Lord Oxford and Asquith-inco, ha apeška from an aociation with him of more than In the meantime and bolore
Heats YEN BEVCH ĐỆ KHCN do là these events which he had jus, member of the Cabinets of whien mentioned took place, Ha Shiu Arquith was the head. In a talk Herbert Asquith at p.zn. 10-day, tong, a director of the Cinema he does not deal with 156 Prime Company purported on behalf | Minuters achievements na a states. of the Company to dispose the men, but with his personal qualitie
his eloquence and effortless command defendant of language, his sincerity and
which was eerty
commanded the respect and esteem of all who knew of
Не
him.
property, to the fifth c
(Wong Fong) who
10
be the wife
mrported
sale look
1943.
further Nothing happened
with
regard to this property during the Japanese occupation until July 20, 1945 when Wong Font purported to well it to the first three defen- dants who were, the plain'lts in action 257/47.
Egypt Protests
Calro, May 18. Egypt has protested to Britain against Incidents In the Canal Zone,Reuter.
Printed and published by WILLIAM ALICH · GRINHAM for and`on' behelt of South. Chino Morning ́Post' Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkoni.
Notices
The latest time of posting shown below are those for un- registered correspondence posted Br Gro..., Hongkong. The latest posting times elsewhere which, in gederal, are earlier than the O.P.O. times, can be ascertained by enquiry at the local offer.
The latest posting dires for registered articles are generally one hour earlier than the times shown below. Particolars (780+ carding parcel malls can be a- certained by enquiry at any post *afice,
Coronation
Contingent
Leaves HK
Fourteen
members
of
110 Royal Hongkong Defence Force contingent who will take part in the Coronation parnde in London left by BOAC this morning. They are travelling via Singapore and will be in London on Thursday.
.
After the examination, Ribeiro decided to get admittance to: the deceated at the Queen Mary Hospital, and after phoning for on ambulance, "gave me an admission chat”, Mr Ömar added.
ROTH SOBER
Me la J. Channing, was the next witness.
Mr Channing told the Court that he had known the deceased
On February ever since 192). 10 there was an Interport din- ner at the Hongkong Football Club which he attended. The late Mr Gulmgam was also pre- sent at the Winner in his posiį tkom as the Chairman of the
Association Hongkong Football During the course of the meal the witness was told by the de- ceased that he (Gulmgam) would later go with a Mr Calvo,
to visit a cabaret.
Wo
an- and
about
where they had
a couple drinks. Cook drank about two beers, and the accused six. Both men then went to Ballroom in the the Majestle sume village,
Winteses
w[]
It was the submission of the Crown, he went on, that the
words used by the accused at the incident and the manner in which he committed the act could only lead the Jury to the conclusion that he was
guilty of murder.
10
we re-
"We know that according to the revolutions to which the univers. bath heavenly and terrestrial," is suli- ject by nature, at long state of inertia when arriving at the extreme end, must induce commotion like anarchy: and the subversion of things, on reaching its climax, will acquire stability.
The same principle Is." applicable Dynastr Empires. The Tartar DOCTOR'S TESTIMONY
has lasted a long period of 200 Dr Pang Teng-cheung, Police years. Rapacious Mandarins, and HEAD UNDER TAP
surgeon, testified that he
their depraved subordinates: are Cook will say that in the
eruelly oppressing the people. Ar examined Needs' body at the ballroom, the accused's conduct Victoria Public Mortuary on
cording the time fe at hand when the term of its existence is to run was such that eventually the March 22.
out, and the empire is at its Jas breath, were seat for six feet one-and-a-half inches and Cox was taken out of the tall, and was about 20 to 21
710 Command-tri-Chlef "being" of a ballroom
Invested with the command by SOITO Military
years old. There and put into their hole about a Policemen
humane and righteous army, is come was a round
to rescue the muttering people - and jeep. However, they soon after inch in diameter over the right quarter of an
to put down oppressions,
The troops shall not be allowed allowed him to be taken back side of the abdomen, and an- plunder the merchants and people, mecherta:y into the ballroom other hole over the left of the or to debauch die toe e by Cook, who put Cox's head buttocks. It had irregular edges,wever was the consule the
shall | under the tap,
and measured two-thirds by places, through which they shall The accused was subsequently four-fifths of an inch..
pass. And if any, disobey my com- brought back to the Jeep, which
mands, they shall be dealt with Tracing the course of the according to Mantial Law, and imme
Military Police
The deceased was
ما
who was from the Philipplica was then driven to camp 07, Mtbullet, Dr Pang said a number diately executed, with, the strictert
ness
On
said that
| O'Reilly Mayne went on.
appeared that at this stage the the left hipbone and some small may every case therefore plaque
of vertebrae were smashed, and impartiality. accused had recovered from Intestines were perforated. The whatever dizziness
he might main artery of the pelvis was felt, for he could sit un-severed. have
the jeep. supported in
The cause of death was shocks. When the Jeep neared the and haemorrhage from injury to to entrance of the camp guardroom,
blood vessel.
д
Wit-
Hearing is continuing.
16 KILLED IN
When witness left the dinner at 11.45 p.m. both the deceased and Mr Calve were sober, at Seven others who are отво
though they had been drinking. marching in the parade, made
The next day there was private travelling arrangements
match at which_the football mid are already in London.
The 14 who fcit today were deceased did not turn up.
he tried led by Lieut. F. E. C.
C, Quah, Only four of them have been in locale Mr Guingam for the next the Military Policemen made the spine, intestines and a large
two
days after the dinner la England before.
some personal clation meeting the following ......... Lieut. Quah sald the Hong-connection with
day. kong group will report on ar- business.
witness February 10
their During
conversation rival to the 1st Artillery Fest finally managed to contact the witness said he noticed that the Woolwich, do brush up on, their drill for the Coronation. After deceased by phoning the office deceased's eyes were bruised.
and
The next day the witness will do some sightseeing before
Marshall, Texas, May 17. told by the
Mr Guimgam had arrived at Sixteen people, including a returning on June 16. They are come and see him at once.
Witness testified that he went the meeting, and was told that child, were reported killed in expected back in Hongkong on Philippines, N. Borneo, a p.m..June 20.
the office of the Hongkong he had not. Witness and Mr an airliner crush near here to- Sgt Sun Hong of the Hong-Standard and talked with the Omar then went to the White day. Formbar. U.S.A. (Sentils
coo the de- The plane, belonging to the Western Bistes), Canada,... kong Regiment said it would be deceased, who appeared to be House Hotel to ILK.A...A.L.
a fine experience to see the quite normal and rational in his ceased, and found him sleeping Delta Airlines, crashed into Biam, Malaya, Indonesia, Aurirails. Coronailon and to take part in behaviour and speech. Later in to his room.
wooded countrysido about · 18 New Zealand, Indie, Fakirian, Middle the parade.
the evening the witness accom- Bir Channing than corroborat- miles east of Marshall. Fast, Africa, Great Britain Europe, 0 p.m., C.P.A./1.0.A.C.
Police said that 16 adults and Cpl ER S. Carmo said he punied the deceased to the ed the evidence of the previous
ono Dr Aurface
hoped the contingent would ne- White House Hotel in Wanchal, witness.
child were known to bo Macko, #ms: 6 pm.. m Les quit themselves well and merit and left after arranging to meet
Hearing will continue this dead, and there were three, sur Lorena Shing.
vivere Router. North Bomeo, & pan, as law Sang. Hongkong's pride.
the deceased at a Football Axio afternoon.
C.P.A.
MONDAY, MAY 18
By Air
the Coronation, the contingent | of the Hongkong. Stansed to phoned Mr Omar us to whether
was
to
AIR
CRASH
"All of you
wnd people
your occupation in peace, and quies, and need have no alarm,
These, my_commands are implet; and the Commander-in-Chief --am prepared to enforce them let each of you pay respectful obedience, and offer no opposition.
A Special Proclamation, 50th years of cycle, Tal-t{h}!! thow your, 4th inoon 10th day.♬ *We', are, told further, tikt, nevera) of the rabbly, having – been "mig920 committing depredations, LAWAN sunumarily beheaded by order of the chicfa
#Kwel-
Our Informant, ales, adds that tha insurgents landed at 0,30 Rune of the 10th, and at 6.50 pum, they had entered the clly having experienced but a telling: low, only eight of their number being: köied; 2-95
It is also, anidy" thmpah they had : ‚commented their march for Fut
chau, when we may expect; 10; Bear”. of a desperate struggle, there being domar 40,000 Tarter (roopea yake huk city, while one-third of the taħrkpl tanta within the walls, ara, alao Tartars.
What's Her Line 7: Solüttén
| ARTIST'S, MODE IS
· London, Express"Šersion) D2.