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JOHN CLARKE'S
CASEBOOK
Forgetful
Beggar
THE
THE trouble with the absent-minded beggar
was
that he could not re member from one moment to the next what his de fence was supposed to be.
llis nams was Cloude. That, he remembered, and he answer- to it with the lyest cd winks, when it was called
of out at Bow Street, ns if to say: for a fellow "Captial
ATRIC
Senator Leaves For Indonesia
Senator James A. MacKinnon,
of Canada, sailed in the my Tjiwang! at noon today for Indonesia on the continuation of his pleasure trip to the Far
Asia. East and Southeast
Senator MacKinnon, who was Minister of Canadian former
arrived Trade and Commerce, here a week
Dgo.
He will dis- embark at Bulcieng where he will spend sometime before re- turning here next January Lake passeke back to Canada,
to
Also walling in the Tiwang was Mr Semedi, Vice-Consul of for the Consulate-General Indonesia In Hongkong. Semedi, who has been here for 10 returning' two years, is
Jike mu. don't you think?" Ejakarta to join the Ministry of
The charge of begging
another 34
he sail
Wh
"begging begging?"
Affairs, 1e
en
by his wife and feur
Others Included
Licut-Col
And he polished the gris Parlindungan, of the Indonesian
ingernails of his right hand on
a lapel so threadbare that seemed the light friction
volved might cause it to dis-yoeng. President of the Chinese
integrate citirely.
DEFENCE NO. 1
it Army, returning hame after a
Ngan holiday here: Mr Hive Chamber of Commerce of Dju- local Nech. Slove karto; Mr
Singapore journalist en route to
Straits
Times to join the
E.P. van Miss Singapore::
der van Osoelen and Mrs Mosch-Spakler; sister and niece, respectively, of Mr J. R. van Oselen, Managing-Director of Royal Interoccan Lines..
QIR LAURENCE DUNNE, the Chits Magistrate, steret i pics of not guilty in his regis- ter and a polle:man went into the witness-bax to tell how on the afternoon before he had from avant- watched Claude Dge-point near Victoria Station,
"I saw him
go up to one man who pushed him asitle," sald the oflicer. "and to three others who gave him соррств. As I approached him, he went and I Lo three women,
un
heard him sny: 'Give me a few coppers." They walked away."
said:
- and is. 94. in bronze."
"Ts, 19, fs," Claude clucked, farkl shot
ouit, grav:iy impertling by the gesture the his remaining structure of ragged jacket-to no purpose, since no cuft, emerged,
Explanation Demanded
(Contd. on Back Page. Col. 1)
·
the
the
CHINA MAIL
Established 1845.
WEDNESDAY, DECEMBER 2, 1953.
Nuns Build Convent
Thirteen nuns are hard at work building walls which will seal them off from the world for the remain- der of their lives. Members of a secluded Order of Carmelites, they have left their "overcrowded" convent. at Moncalieri, near Turin, Italy, to build a new convent at nearby Leini - the rules of the Order, founded by St Teresa D'Avila of Spain, forbld communities of more than 21 nuns-AP Photu.
Accused Testifies
At Murder Trial
in the Middle "When arrested him, hegressive blog
East. was only asking the
Government "The Soviet way. On him, when he was
deems it necessary to draw the searched, he had 3s. in silver
attention of the Pakistan Gov-
The trial of Chan Kau, alias Chan Kai, 26, ernment to the fact that
cannot consider charged with the murder of a man in Argyle Soviet Union with indifference reports Street, continued before Mr Justice T. J. Gould, nbout the abovementioned negotiations,
the sinice
Con-Acting Chief Justice, at the Criminal Sessions clusion of an agreement for the this morning when Chan testified`in the witness establishment of American nir
box in defence. bases on Pakistan territory. that is in pr
crea nter the frontlers of the USSR, and similarly the joining of Pakistan in plans to set up the above
bloc In the Middle mentioned East, have a direct bearing ory the security of the Soviet
HE is not an old
to some pains to appear to, for professional reasons, no doubt.
Sheaffer's "SNORKEL"
King Case: Defence Counsel
On Court Practice
DISPUTES PROSECUTOR'S RIGHT
"
TO REPLY ON FACTS
Submissions that it was the practice in Magisterial courts in Hong- kong of allowing only one address on facts to either Counsel for the Prosecution or the Defence, that a Prosecutor had no right to reply to a Defence submission of no case to answer on the facts, were made by Mr Marcus da Silva, Counsel for the Defence, when hearing of the King case resumed before Mr Poon Yan-hoi in the Supreme Court building this morning.
Counsel further said that in the Tramways case heard in Central Court recently, in which he had appeared for the Defence, the Magistrate had ruled that it was the correct practice in the Police Courts here the Prosecution in replying to the Defence submission of no case to answer was restricted to reply merely on law and not by way of reference to the facts in the case..
A £400 (HK$6,303.94) for the use
Counsel
of his wife, Margaret, In Novem- Evidence ber, 1950, whilst a director.
George Falconer and Co., Ltd., of Union Building.
Mr
that
the
his Worship would And after the ruling was made, Mr Jahn MaNeill, QC, who wasthen leading Me Clifford for Prosecution in the Tramways case referred to hypothetical facts whenever he had occasion to illustrate his law.
IN DISPUTE
Mail Notices
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***Do
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- : ?
WEDNESDAY, DECEMBER 2 By Alt Japan. 6 p.m. Formosa, 0 p.m.
By Surface Macao, p.m.
THURSDAY, DECEMBER 3 By Air Indio, Ceylon, 9 a.m.
Britain
Thailand, Burma, Pakistan, Middie East, Africa Grea! Europe, 10a.m.
Philippines, 11 a.m.
Japan, hún
Indo-China, Noon, Formosa, I p.m. Guam Hawall.m. U.8.A. & Canada,
Philippines, North Borneo, d«p.m.
· Thailand,
Maloy, Indonesia, Australia, New Zealand, 6 p.m.
Formosa, Okinawa, Japan, USA. * Canada. 6 p.m..
By Surface China, People's Republic, 8:30 am. Formose, sm. Japan. Canada, 1 p.m. Macao, I p.m. Масло, в prm.
The defendant in the care is which defendant's Counsel was 3. J. O. King, merchant, and he not allowed to sum up, is charged with having taken
Giving A further reference, read from Shaw's and Procedure in Courts, 1040, as
The Hot Leo d'Amada, QC, Prosecution or Defence is en- advocate either for the and Mr A. J. Clifford are for the titled to only one speech unless
Mr Clifford sold that that Prosecution, both instructed by a
was where he and Mr Silva a point of law is raised by one Mesire Hastings and Company.
PRIDAY, DECEMBER 4 Silva told the Court this party to the case and then the were in dispute,
Mr Silva said that if Mr
By Air morning that Mr d'Almada yes The Prosecutor has no right to
other party may
reply to it.
d'Almada wanted
Thailand, Burina, India, Ceylon, to illustrate Pakistan, Middle East, Africa, sreat terday in the course of his in-reply to
his law. submission by, a
ho should refer Brain & Europe, 10 a.m. Iroduc ory
remarks Indicated
that on the facts he
he hypothetical
only. Не
Formosa, Japan, Korea, 1 p.m. that he (Mr d'Almada) would in defendant
0.8.A. & Canada, 6 pm. ould in has no case to answer.""
givo would
the Court be refer due course referring to the facts
Counsel said that the last two example of what he meant. In of
given in the casc
of the reference quoted the course of Mr d'Aimada's re evidence and would
fact be In
he (Counsel were almost identical with the marks yesterton) made re-. analysing there facts in the statement he had read
from the to the fact that in din:
fance 10 course of his up the Defence. Stone's, and it said most u mission mode
equivocably stated that when course he would show to
the Counsel said that he Indicated
cated submission of no case to answer
Count
that those seven factual
of his on Inferences
Uho dir- the facts were a, cumstantial sccutor had no right to reply.
evidence adduced, REPLY ON LAW
reasonable inferences,
this
DEFENCE NO. 2
Chan Kau was alleged to have the jacket and delivered several
formen blowa, "paying murdered Chan Fook, man, being
no attention to
only Just 40, but he goes
employee of the RN Dockyard. In accused's explanation that he Argyle Street near the Sun Wah had assaulted wrong man. Theatre, Mongkok, on the evening However, accused
managed to of July 23 last.
breal: away from the man and The Crown alleged that there ran along Argyle Street, chased had been trouble belween two by the man partier, one led by Malt Hel, and another led by Ho Kai, of Dock- Accused said he then picked from a store with on up a knife
man-from chasing him. How ever, accused said, the persisted in chasing after him
that ion. tonight in retallation and chose the and attacked him from behind
of July 23, when Ho Kal with evening
an object. He snid
Now, Claude adopted a bash-Union, ful look, and with his eyes downcast, suid in n north- country voice: "Ah'm sorry to say. sir, 1. was intoxicated yesterday afternoon.
"Ihought you said you had lost your way?"
Claude remembered he had, put of the bashful look. and brightly saich to the Chief Magistrate: "That's right, sir. Asking the way of the ladles and gentlemen, that was it."
DEFENCE NO. 3
seems,"
"Haurence
said "aside,"
Slr
As "to
the dramatist would say,
be mixing his defence."
Mis there anything wrong with you?" Sir Laurenice ed Claude.
nsk-
д!
Claudo perked up again nction of such an interesting lie of approach to fils problem. He thought for a moment, then sald. "Well, I think there something wrong with m2, sir.",
"What?" the Chief Magistrate asked briskly.
*
Ja
"Um
.. Well,
I couldn't properly say, sir," he said. "It's Something ine legs, I think, wrong with me logs."
"I'm quite satished you were Sir Laurence. begging," sald lle asited the police if anything wäre known of Claude. There were Even previous convic- tions--for begging, Joltering, false pretences.
DEFENCES DOWN
not
friend
30
a
of that
the statement contained course of
to him
an
CMY
Janina, & p.m..
N. Borneo, Australia, New Zer-
p.m.
land.
Malaya, Indonesia, 6 pm,
By Burlaco. China, People's Republic, 8.30 am.
$100 Fine For Breach Of Licence:
yard labourers employing the intention of, preventing the ship is entitled to refer in of the case again having operied "Here is inference that I desire order........
"The Saviel Government would Eke to receive from the Pakistan Government clarifica- Kon 33 regards the aforcs Stonecutters Island. matter."
the-boating-up-of- member of Mak He's party, a group of them plotted to beat up Ho Kal's party
one
Ho
or two
continued
his
מות
of the
نا
Z
than a
Installation of the
to Mr d'Almada yesterday that if he should do that, he (Mr Silva) would object, and they
to be not had therefore agreed that It did not go on to say that It had
ad appeared would produce bis authorities on he had a right, to reply on Inw Silva) that what Mr d'Almada point first and Mr d'Almadu points raised in the Course of had intended to do was to go would then reply tomorrow, in- that submission, but by reason Inio an analysis of the facts.
the Court in due The 38-year-old master of a asmuch as he felt he would not of the carly statement there and and show have arrived at that stage where upon
analysis of facts fishing Junk, Ho Kan was fined he would be dealing with the also in Kenny's that when you that those seven inferences were $100 by Mr A. G. Parker when facts as yet today.
made a submission in law, you
you not reas
reasonable.
he was found guilty of a breach are entitled to reply in law."
With respect, Counsel sald, of his junke licence conditions at ONE ADDRESS
Counsel said that it had been that Mr d'Almada should have the Marine Court this morning. "The practice in our Mag-held in Police Courts here that realised when he opened his Assistant Marine Offer Y.T. isterial Courts which I personal he had a
case that it was one founded Lin, who arrested Tio, staled that right to reply on ly have followed stece 1931," submission of no case strictly on circumstantial evidence. Investigations made yesterday said Mr Silva, "is of allowing with reference to the law With respect again, when he showed that a diesel engine had only one address
on facts to raised in that submission, but called upon Mr d'Almada to been completely. Installed on either Counsel for the Prosecu not on
facts
claborate further in the course board the vessel more tion or the Defence. It is A prosecutor was not entitled of his opening in realisation month
ago. A test of the practice which
my learsed
sed to reply on the facts, he Was that It was not
circumstantial engine had also been conducted should dispute, I sug-not entitled to refer to the facts evidence, he should have sald: and it was found to be in good Rest, with
respect, your Wor-
his case on facts, he was not en- to make on behalf of the Pro- Defendant had previously Polleo Court practitioners for titled to refer to the facts or to recution on this circumstantial
mstantial pleaded that confirmation of The Pakistan Prime Minister,
the practice analyse those facts, because if evidence in
Support feel Mr Mohammed All, sald in, a
because
for certain
ho did that, he would in effect charge of fraudulent conversion engine had not been completed. broadenst to the nation tonight:
Mingistrate, Mr Hin-shing Lo, Counsel submited. example.
your brother make a second speech on facts, and I analyse the feats to show "There has never
any other inference is not rea- question at any time of offering was giving a party at his home, turned round to ward off the
who jas had # very extensivo
Mr Silva went on to say that sonably possible, wherefore this HOSPITAL SHIP military bases to any
foreign 25 Argyle Street, second floor, to blows with the knife and within Police Court Practice for that.
at was the submission made being the only inference upon
LEAVES country.
celebrate the birth of a daughter hopped the man once or twice, self, would
seconds, he had much longer period than my-in the Tramways case before Mr circumstantial evidence, that is "Pakiston will ties:te no to do this.
confirm the exis- Frank d'Almada who was then my cabo," interference with her foreign
Counsel said that Mr d'Almada The United States hospital on the Bench, Mr Clifford and flight, terce of this practice." und domestic
Appearing for the Prosecution polley from any
Counsel, sald that this
Counsel, he said, were refused to elaborate the open-ship Repose, which arrived here quarter whatever, We shall not is Mr W. A. Blair-Kerr, Senior abandoning
a practice which was also
Also for the Prosecuing and since he had refused, last Wednesday yield to any threats or induce Crown Counsel, with Det.-Insp. course of his night.
extant in England- the courts tion, while he (Mr Silva) and he submitted, he must now carry tional visit to the Colony, left J. E. H. Hidden present for the
of Summary Jurisdiction and Mr P. C. Woo appeared for the the brunt of not being allowed port this morning. police. Accused le represented
Justices, so much so that when defence.
to analyse his facts again in by Mr Loo Wing-kang instructed
the Defence submitted that He said that his Worship this his second speech. by Mr F. H. Kwok,
there was no case to answer on would find if he referred to the facts, the Prosecutor had no the depositions taken in that right to reply,
COSU that at the end of the case Counsel said that the first for the Prosecution, both he and reference In that regard was Mr Woo made submissions of On July 22, two sellers who
* Tokyo, Dez. 2.
contained in Note "N", pazo 70 no case to answer. had been
The Introduced by the
edition of Stone's Army authorities, an- of the 70th
Counsel for the Prosecution today accused to have business deal-nounced
that Private Justices Manual, which Counsel then replied and attempted in ingr with the cafe went to the First Class John Cade. Jr., of read as follows.
the first instance to refer to the 24-year- shop and asked for payment of Tuscaloosa, Alabama,
"The Prosecutor has no right facts and to analyse the facts of the outstanding accounts. Witold American soldier, was re to reply to a submission of no the case. ness cald he would relay thecently tried and convicted in
case to answer on the facts." message to Mak Hei.
general court martial proceed-
He added that the authority Mr Silva said that he then On the following evening, ings for the rupe and murder of given was the case of Brown submitted that Counsel for the when he conveyed the message a 57-year-old Japanese woman, against Higgins, an unreported Prosecution was not entitled to do
Mak, Mak said he was too Mrs Iso Zama, near Fuchinobe.
to deal with the matter;
Mr Silva. next read from the once he had opened on the The announcement sald ho ns he was going to take part lo a night, accused said.
was sentenced to life imprison- 15th edition of Kenny on Out facts and that he was not to a second The ruling discharge lines of Criminal Law, as fol- entitled therefore Thinking
facts. was ment, dishonourable that
speech on ""Even if the accused called
made
by the Magistrate then accused allowances.
witnesses, the Prosecutor's ad was that was the correct prae- ice in the Police Courts in vocate has no second speech,”
Hongkong and the Prosecuting From the same edition, Co Colonel was restricted to reply sel continued fo rend: Neither thede has any right to make merely on daw and not by way second speech unless some of reference to the facts of the point of law arises."
ments."
Mr Mohammed Alf did not mention the Soviet note in his broadcast,Router.
Emotional Mossadegh
(Contd. on Back Page, Col.. 1) told them 'I sin not coming with you. I wish to be killed, to sacrince myself for my coun-
iry."
But 11° Mluister told him you stay, we stay. This means we shall be killed also."
He then decided to go over the wall to safely.
IN WITNESS BOX Testifying the accused
the knife
in the
Hearing is continuing.
sild
US SOLDIER SENTENCED
he was working as an account- ant In a cafe run by a Mak Hel in Kowloon,
to
busy
Mak
Heavy tanks were pounding mentor sponsibility of pay- and forfeiture of all pay and low:
the front gates and bullets were whistling over the walls.
"We found a ladder and I- look this to be a gift of God," Dr Mossadegh said.
But he was not sure the
the accounts, followed Mok to Tung Chol Street where Mek talked with a
Cade is a married man with a three-year-old daughter, person. At that time, there were a few people sliting on Army authorities sald the pavement.
case was now going to the r Realising
that there would be viewing authorities-Router, « UJELL, you seem. ‚a per- | ladder was strong enough--50
a fight accused said he then sistent begger, when he sent two strong men over went alone to a food store in you're
doing something the wall first to see what would
Argyle
Street to have some maro vicious," said, the Chief happen.
awcet drinks. He saw three Magistrate. "Go to prisons for Tho men reached the other
persons walking along the street three months.”
side olive, so he decided that followed by a group of people, a Claude moved thoughtfully the ladder would.do.
fow of whom he knew. He then was the 20th day of followed Today off. Remembering his bad logs,
behind the the trial-Reuter., he limped (though fie had not done so on the inward trip); remembering his intoxication of the day before, he held his head and groaned. There wa 50 much to remember. Absent-
Radio Hongkong
a. Time
ANALAGOUS
was
MAGISTRATE'S
case.
RULING
The Magistrate, Counsel went on to say, further told Froso- cuting Counsel in anwer to the latter's question, that if he (Prosecuting Counsel) needed any facts to illustrate any legal argument he was to use hypo-
|thetical facts:
Mr Chiford here rose to say that there was such a ruling
Giving the next authority which was an analogous au thorlly in the County Courts in the case of Dymock against Watkins, reported In 10 Q.B. Division, Mr Slivn sald 11- Signal and Programine after
that together
Summary: 60% Lucky Dip-Vristy after the opening speeches, de
the with Mak. While near Regel presented by argherita fendant's Counsel claimed Sai Young Chol Sweet, the (Studio); 3.09.westbør - fever right to address", and sum
Psons turned into 3. Tape, Shes World News and in on the facts fa the County I made but he thought Mr Silva
United Nations Report London
7.15, Orchestra of the Court, but the Judge refused was wrong when he said the W. German Army the street followed closely by Holar
the
Week Czech Philharmonia Orch. him. that right and they then Magistrate had said that only PROGRESS cond, by Astael Kubelk; went to the Court of Appeal, hypothetical facts be used to
Letter from America by - Alistair
www.hold in the Court of lustrate any legal argument Just then, accused mild, Mak Cooks fecorded London Relay ; Parties noticed
** He thought -- the ruling is was off towards the pubile doors coalition (Government)
B. Echoes of the Thestra, King Appeal after they had been of the court, until the dioler said today the Parties had agreed told accused to warn the group Christian Binding. Another the right claimed did not refer to facts taking their #pollegman nearby who, hapsody (Novolio)); 0.30, "Bergne through the Divialonal Court that the Prospertions could only kindly directed him to the one to submit to the Bundering
Night:
were necessary, in making points of law.
mindedly ho, bogan ta shuffle
Bonn, Dec. 1. Deputies of the West German
first three
would make it possible to intro An
group of
·(Piano)·
(violin)
that led to the cells. There was-) (Lower House) Bill which I not tan fer proached the iSTANDRETURESRadio); - # oxist at common law: "and" Parul Chidori: midi was
The Bills crpected to go to
(BBCTS)
on a recreα-
The Reposs (11,000 Wisplace= ment tons) is under the com-
Hearing is continuing.
| mond of Captain J. M. Wyckoff,
SIDE GLANCES
By Galbraith
*Wall; };
vfully rude of him'
she
so much to remember, and three
TimeBignal.jbWednesday are tipa 18 of th
18 of the Common Gght knud, sireatlydipur Bax rayonda Hats Procedure Abt 1854 which months now to try to forget duce military conscription, in the started and the group in Produced by Raymond Britos
Mr Silva sold that what. Me Federal Republiciz
mediately dispersed on hearing 5047 Interlude: such as right in the Superior he suggested to his Worship, to the alarm raised by the accused; Radios News Rell (Recorded London Conarts did not apply to the refer to the case record.
Accused said one of the three Balay Balls Goodnight @Mune by County Courts, there was no His Worship mid he would porins who had been tackodile down and ground of Interfering with the cercam the Ghots from the record; and by the group, grabbed him by Queen; 150, Glow, Doymay Ah! practice of any, County Court in je Me Blive went on to my, that:
'What's Her Lina?" Solution NEWSAGENT London Expresa-Barnley,
the Bundleston and the next faw
days, probably before the start of Ulo Bermuda Conference, they said-Neuter
BAYEU