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JOHN CLARKE'S CASEBOOK
Changing
Climaté
A down the bondswept Tom smiled shamefacedly and
news-
street, rattling the paper billboards that an- nounced another fall In temperature. It was still early evening, but the street was almost deserted. Everyone who could be was indoors-relaxed in front of a fire at home, anug in the communal warmth of [I cinema, or stoking up against the weather in contrally-heated bars.
There were cars parked along one side of the street, and down the line of them presently came ʼn sturdy young man, who perved into each, and delivered so ferpe on assault on the door-handles of
some, that he might have been doing it to improve bis circulation.
The young Tk. He was 19 years old, cold and miserable, and before him lay the prospect of a night in the ky open air.
man's name was
D-DARNED RIGHT
of the
Tom
In cast in
travelling-rugs.
It was one of those Tom was after, and he was 30 cold he hardly cared who know it
A policeman saw him at last.
Be strode aver. "I'm arresting
Have a Lalk with the proba
This
Buld
tion officer," the magistrate and Tom was led away. Pre- sently, the probation officer brought him back and went into the witness-box.
he mat, sir," doesn't seem to know
said, much about himself. He spent 18 years of his life in homes, but that's about all he could tell me. I could get him into hostel, where he would have a chance to collect himself.......'
CHINA MAIL
Murderer's Appeal Fails
com-
The Full Court prising Mr Justice T. J. Gould and Mr Justice J. R. Gregg this morning re- fused an appeal by 25-year- old Tsol Muk-li and con- firmed the death sentence passed on him by Mr Justice C. W. Reeco Inst November for the murder of his former shop fis- tress.
The young man remained SOMEWHERE TO GO
sllent throughout his two-day trial and was found by a Jury THE magistrate looked highly
to be mute of malice. This
to pleased. He turned to Tom morning he answered his and said: "There now, there's
name.
His Counsel, Mr R. W. a chance for you. You'll get a 8. Winter (instructed by Mr your head and K. Y. Yung) told the Appeal well, some food Court that he had had no in- structions at the trial, but now had instructed the appellant him to place certain facts be- fore the Court.
rood
warmth, and el_any rate."
Не
put Tom on probation, which meant be would have help in
finding work, as well as a base to work from,
"Very Well,"
Bald magistrate. and Tom went off, beaming. Outside, thaw
had come. ajxt climate
eircumstances of his had changed for the better, too.
the
on
The notice of appeal พ ช lodged by the appellant himself that he WAN the ground
and wrongly falsely accused the
convicted, said Mr Winter the
Bay at once, that I cannot attack the conduct of the trial in any way." Coungol declared.
Appointments
you," he said, as a suspicious Gazetted
person kitering with
sical from cars."
Intent to
"D-damed right, I was," said Tom, through chattering teeth. "I was after a blanket."
His Excellency the Governor bus appolated Mr P. C. M. Sedgwick to be Deputy Com- His frankness saved
lot of missioner +
of Labour DS from hanging about, and he was soon February 12, it was announced warth and relatively comfort in the Government Gazette to- able in a cell at the police-day. station. Next morning, at the Lambeth court, he pleaded guilly to loitering, before Mr Rowland Thomas, QC.
TROUBLE OVER 4/~
TER
46 WERE are no previous con-
vletions," old a pollee 100 from the witness-box. "This man tells me he's been sleeping rough for some He had to leave his lodgings he owed his landlord because 4s. that he couldn't pay."
It wits also announced that Mr Thomas Cashman has Senior |been appointed to net
Superintendent of Police, New 'ferritories, during the absence from the Colony of Mr N. B. Fraser.
Other appointmenta listed were: Mr K.M. Almao to act as days. Assistant
Commissioner of Inland Revenue during the absence of Mr P.D.A. Chidell; Mr
03
He said that having no in- structions whatsoever from the appellant at the trial he had to do the
and best he could attempted to set up a plea of "But this temporary insanity. morning the appellant tells me that shortly before the murder there was 4 quarrel between him and the deceased; that he Was not awar of how the chopper with which the mur- was committed came to be der in his possession, and that it is
that possible
tho deceased obtained it as she was friendly with the baker who owned It,” said Mr Winter.
Mr Justice Gould remarked that it was an appeal and what Course)
was saying was that his dent had
repented of his previous glence and now wanted to say something.
Mr Winter agreed that
WAS CO
The appellant was a man of low
FRIDAY
SIDE GLANCES
FEBRUARY 19, 1954.
By Galbraith
"Mother! I saw Dad fooling around these records yester- day and now I can't find the new ones I've been playing every day since Christmas!"
Near Perfect Show By Stage Club
The Stage Club opened their new theatre in the Hongkong University Hall for the first time last night with a presentation of Moliere's comedy "Tartuffe." This telling, cynical commentary on hypocrisy and stupidity has been beautifully adapted by Miles Malleson, and Mr Oblitas has succeeded in capturing both the humour, and the philosophy in his production...
As
In
mentality and he (Counsel) felt his duty to do everything he could. Ho suggested that in view of the instructions and the nature of the have given us another play to man and of the offence the Coenjoy without night see it to order a re-trial.
Refusing the application for leave to appeal Mr Justice Could wid
As to what Counsel has urged upon the Court, the Court considers that that le a matter upon which the
could properly present petition to the Executive Council if he thinks it. It has certainly nothing which this Court can consider in coming to a conclusion as to wha- | **** ther or not his appeal should be allowed.
He stood mute And was found to have stood muts of malice | during the early proceedings, and !! now became abundantly clear, if it was not so before, that he did in fact remains mute because he pra ferred to do so, it may have been that he is a man of low meniality, but this is not a questions which can influence the Court in any way in coming to a conclusions as to who ther or not this application for leave
"Doesn't he do any work?" W.R.K. Collings to act
of Marine at Assistant Director Mr Thomas asked, looking Tom's strapping figure in the (Ship Surveys), during the dock.
prisoner absence of Mr W. Sprague; Mr "He does, air, but he's in the AF. Evans to act as Senior buliding trade. He's not been Quantity Surveyor, Public Works able to
get much work lately Department, during the absence
He's of Mr because of the weather.
W.J. Skinner; been drawing assistance, but he Jeanette E. Holmes to be an says he's been rather overspend~ | Education Officer (Woman), on ing that on food."
Mr Chan Jim-fui, probation; Ifas he
parents?" the Assistant Education Officer, to be magistrate asked.
Sub-Inspector of Schools.
Miss
Notification was given that the their following have resumed
duties: Mr J.T. Wdzefleld, Chief Resettlement Officer; Mr W.K. Thomson, be-General.
·PRISONER'S ADVOCATE *NO relations at all, sir. "N°.
really does seam he's been up against it," said the officer. He had slipped
Into the role Loondon's policemen comingly adopt from time ilme, of prisoner's advocate. "He pointed tells me ho suffers from bad
feet, too, which doesn't
to
help
him in getting work.”
"What do you want to say?" the magistrate ssked Tom.
Snug-fitting beel
Steel
Shank
Flexible sole
Deputy Registrar-
H.E. the Governor has ap- the following to be Members of the Port Commit- tee for a perfod of one year: Capt. R. C. Lewis, RN, Messrs R. Johannessen, M. Y. Flennes, R. Gordon and B. N. Choy.
HOW BETTER SHOES are constructed
The shoe you are obosit to wear has been constructed to bring you the ulți. male in confort.
You will marvel as, they flex with every step as you walk on a living, breathing, permanent nature-cushion of
Cushion, tos
Cork-cushioned incapiolai
cork. The cushion to and flexible sola give a wonderful myport while the combination Just provides a smile glove-grip at the heel. The steel sturdie shank insures that the sole will retals. its foot-contour shape for the life of the show,
to appeal should be allowed.
the
of the
Is their habit the club
réservation. this large cast there is splendid teamwork leading up to polished show. The
The austerity of Prudence Rowe-Evans' set madr to the a pleasing background 酶
colourful period costumes she had designed." "And how happy the all-over carpet made me, after my repeated pleas. But
Bress spectacular Sergeants at the very end, secin=" ed a little elaborate in contrast. to that worn by many of the principal' players.
Tho acoustics in the new theatre are extremely good, and ensured appreciation of Moliere's
balanced, beautifully
witly uti
the rolling, lines. Many of spooches must have been, a joy to learn and to deliver, And
no play surely
could have better exit-lines with a finer sense of theatre,
STUPIDLY BLIND
INSANITY DIRECTION The Court has noticed, in reading the transcript and the summing-up, that there in the summing-up something which might possibly be called a misdirection on the onus of proof of insanity in that the trial Judge stated that the defence had to prove, had to establish, the de fence of Insanity and to do so con. clusively. The law on that point
synonymous with religious hypo- would appear to be that the anus upon the defence is to establish in crisy, and in the original we find Kanity only to the same degree as la him taken into the home” of Plaintiff in civil Monsieur Orgon, who is blindedi required by a action and that it is suicient to by stupidity against his guest's establish it on the balance of prob- sbilities. On the other hand, having real nature. He stops at nothing examined the transcript of evidence,
The name Tartuffe has become
4
Notices
The Istest, thes; of posting shown below are those for u _rightored correspondence posted Lat (2,0,, Hongking «The latest Danes slowhere, which,
G,2,0, times can be atcertainąć bylanesly at the loest ostess
The atout; posting times for registered, "articles are generally ona hour earlier than the times słown below. Particulars regard- ing parosi matts can be sacertain- ad by enquiry at any post omes.
►
FRIDAY, FEBRUARY 19 By Air
,
N. Domeo, Australia, New Zea- land, o pan.
Malaya, Indonesia, 6 pm,
Indo-China, dpm
SATURDAY, FEBRUARY 20
ADMIRAM
SNORKEL
PEN
Full Court Dismisses Appeal But Reverses Damages Award
An appeal by a furniture maker against a judgment of Mr Justice Scholes (then acting Puisne Judge) in making an order for possession of certain premises in Wanchai was dismissed by the Full Court, comprising Mr Justice C. W. Reece and Mr Justice J. R. Gregg (Puisne Judges), when they delivered judgment this morning.
An award by the Trial Judge of $8,000 damages was, however, reversed by the Full Court which held that there was no evidence what- ever before the Trial Court upon which it could arrive at any damages by way of loss of profit.
to
marked Appellant was Lee Yan, of ferred to a document 14 Tin Lok Lane, who was do Exhibit D which purported fendant in the action before Mr show the nature of the tenancy Justice Scholes in which Shum between the appellant and the Yal-ming, moxhunt, of 15 Gap landlady, whereas, he contend- contained no Rond, second floor, sought bed, Exhibit C declaration that he was the sole terms of the tenancy which it With owner of the Chun Hing firm purported to transter. at 14 Tin Lok Lane, and that he respect to Exhibit D, it is suffi was entitled to possession of the clent to say that it was admit.
by prentises and business assets. bed the appellant's Counsel
who tendered it that it wa improperly stamped and con
7 of
or
MILITARY AID FOR JAPAN
Washington, Feb. 18. General John Hull, United Nations Commander in the Far East, said today. he
Shum claimed he had bought the business and tenancy from sideration of it can be dispensed Lee for MY30,000 in August, with, for by subsection (3) of 1943, and had allowed Lee to Section
the Stamp live in the cockleft as an adinance, the feared. Trial Judge stant of the business free of had no authority to admit it in
but Lee had refused to evidence except in accordance expected a military aid
remi,
hand beck the business and with the provisions of premises to him,
graph (C) thereof. Whether agreement, which would or not Exhibit C contains the expand Japan's defence the terms of the transfer of the
Lee had claimed that money was given to him store furniture for Shum, denied that ho had sold his business.
to tenancy is, in our opinion, bo- forces, to be signed soon and side the point, for it is a per- after his return to Tokyo.
General Hall was scheduled to fectly good transfer by the ap pellant of whatever interests he leave for Tokyo tonight with Ambassador to bad in the premises under the the American the fact that the respondeilt did weeks of acnsultations with top tenancy with
and Japan, Mr John Allison, after a not contact the landlady is of Eisenhower Administration of- no avall to the appellare.
The General
Mr T. A. Shurlock, Instructed by, Mr F. H. Losoby, appeared for the appellant, and Mr O. Mr V. Cheung, instructed by s. Ng Quinn, represented the respondent.
www.d
for the
uzim ölala.
rights in the premises became
Hi
extinct on the execution by him of Exhibh C...
said at a, prots
that he folt Japan's
position
WILE
"barely at present. He said there was still a
defence..
tho *Heald
milliary ald
which
and...
has been
Tokyo for several
THE JUDGMENT
JUDGE CORRECT Delivering the judgment, the For these reasons, we are of
opinion that the Full Court said:
Trial Judge for increased Japanese forces, This is an appeal from the was correct in giving the de- units, so that the nation could particularly air and ground Judgment of Scholes J. who gave claration in Faragraph 10(1) of take a greater part in its own judgment
plaintiff/
the Statement of Claim and respondent in the following teriris: "Court gives the deadng the order for possession
against the appellant. But we claration asked for in Paragraph And 10(1) of the Statement of Claim ourselves unable to sustain "greement, the award and.
of $3,000 damages, under negotiation in Washing makes an order for passen In Sub-Paragraph (iv) of
ton Para sion and
awards
months, was now in, lis anal damages and costa »“intiff $3,000|graph 10 of the Statement of
· the Claim, Paragrapham Lates
plaintiff claimed stages. 10(1) of the State- damages for loss of proft at the "It should be signed shortly ment of
after I rato of 1500 per month from The plaintif claims: (1) February, 1940,
MORA sald and Paragraph declaration that he is the sole owner of the Chun Hing Firm and that he is entitled to posses sion of the said premises and
business assets.”
I get back to Japan,” he
(vi) contains a clause for gen- General Hull anid
erni
and
the
Ogree. *provide the
for other relief! The ment would learned Trial-Judge has
14o | United "States to give Japan... dicated the nature of the da- forces and would provide for
not in
Items for its mlitary mages' given or how he arrived.
an American Compel for the appellant at the figure of $9,000; In his group to instruct Japanese
mliltory assistance Mr the use of the material,
"The Japanese were pretty good during the war, bu
but there
to the structed
after stating the historical back-address ground of the case submitted Cheung said he was
to claim loss of profit up to 1946 that the judgment was am- | to
Odesalon of the
or only what Counsel
7068
and the witness Fung
... what
King-kucn, when ne
in
lily Counsel for the he estimated the minimum, pro-would-bring” Japan ifit the orbit
biguous since it was not clear and remarked that there was a fuve been some developments whether the whole of the paucity of material on which since then," he said. premises should be restored to to found it. That was indeed an
He said. Japan initially needed understatement. Not a The
Not a title of some training aircraft and should oviderco WR3
the elven by as the business promises, ex- plaintiff of any business done of the interceptor type,
the later be provided with aircraft FORD USA and Canada. 6 p.m. cluding the cockloft which was
The military aid agreement By Surface
occupied by the appellant and Philippines, 3 p.m. MSOLO. 6 p.m.
referred to Exhibit fit of a business like the plain of Facile countries to which the was giving to be, stated that he could United States By Alr
and Philippines, Guam Hawall. US.A document refers to the transfer not say. In short, there was no military ald, he sold.—Reuter.
observed that this tur's to and Chosde, 8 a.m.
evidence of the shop
The premises. Burma, India, Ceylon, am
whatever before the Court Trial xastrica, Great
Zyrljand Malaya, Pakiyan, Middle relevant part of. Exhibit Europe 9.m.
Britain and reads as follows: "I hereby could Hawally a p.m. Formosa, prepared to give his u.s..... 0° p.m. um It is abundantly apparent that any daughter to Tartune in marriage jury, properly directed on that | 240) point, could have come to no other and finally makes his estates conclusion on the evidence than the over to him. Orgon's wife, conclusion which this jury came to. Elmire, who has become the ob- The points which were relied upon ject of Tartune's affection, re- Usese: Arally that now motive had veals his true worth to her hus-art been proved by the Crown. That is nearly too late.
the defence of were
A factor which arises in many cases and is not of legit evidence
www
In the name part Nigel Way
Okinawa, By Surface
Japon
واحد
tmpon which
arrive at any
damages
We
transfer to Mr Shum Yat-ming by way of loss of profit. 题 to take over Chun Hing-ho, of opinion that the Judgment the Count below should be which is starting in my name
muna, People's Republic, 8.30am.
·Fortnoso, 8.10. India. Nooo,
Malaya, Ceylon
Middle
lay, Great Brain de deurope,
rhailand. #
Hao 1.30p.m. Indo-Chloe, p.m.
China, People's Republic, & p.m. alacao, 6 p.m. SAMSUNDAY]|| PEBRUARY 21
·costa
of
SURPLUS FOR
NOVEMBER
aki attuate at No. 14, fin Loked in so far as it gave Lano, Wanchal, Hokong (the plaintit/ecsponders In Para Revenue for or acceded
the of
declaration sought by chudling) all the Axures, the graph
November last year Statemen the anck signboard
shop of Claim and as to the order expenditure by $8,088,801.10. It proudu in these won and and for ; possession. The award of was announced in the Govern
words $3,000 damages to the plaintif
ment Gazette today to month It-» Hitle difficult to widerstand *En reversed. To this extent
Revenue for the how. the shop premises could be stated the appeal i dismissed amounted to $23,702,729.70, transferred without the
with
while expenditure for the simo period came to $20,876/928.30. premises. 11
Booms clear
The General Revenue Balance that the to us
as at November 80 last year transfer 'hi
stood at $269,514,094,72 together with
the premises In which the business was carried on and it would have been surprising to and any special reference to the cockloft, OF NO IMPORTANCE
Malaya, Indonesia, Australia,, New: SDS INGITS!
Forinos, Japan & Canada, Noon, Zellende p.m.
Indo-China, & P
"By:Murface'.
Radio Hongkong
To Commemorate Birthday
A special dinner meeting to commemorate the birthday of George Washington will be held Flagging" Shillings at 7.80 p.m. yon de Sunday (February, 21), by the University Baracute the shortage of
London, Feb. 18 of Washington Alumni Associa shillings and sixpences for sa
It was further argued onion of Hongkong
to which any weight can be given | mouth gives an excellent "and of immunity" although 12
could Fossibly be factor among other sustained characterisation, per- things. Secondly, that the accused haps erring a little in preserving jumped down a steep declivity, after the mannerisms too faithfully committing this crime lumped or in the seduction scene, But it sild down, and Intured: himosit in so doing. This can be done by any.
small foult in a very Ane body fleeing from a crime and in
Gerry performance.
Barmett the expilement " of t And thirdly, that though mat could scarcely have dona more moment, can also be congratulated; Orgon lucid statements to the police and medical conteers at Brat, he became justice, and he is the lucky. unco-operative and finally stood possessor of a really resonant mute in the Court poceedings. The actor's voice. John Davey's mum total of those things, of those factors, amounts, in the opinion of sketch of Loyals, the Balin, azon the Court, to virtually nothing to was quite outstanding, and Bull Time: Signal and Programme
BU rely upon, upon which to ground a aclence of insanity and, for that cleats de competent gumi, 71, 8.03% Contact, die behalf of the appellant that the
Philips reason, the Court Considers it prov per to apply the proviso and is Of the ladies I WordPata Ne hold that there was a misdireo Letton's performance best, Italy Lens, to hold that no injustice has had a confidenes about it, and cantonese by Fradio, followed upon it. The Cout
red in this by the fact that a good me of "moviment and Prin dayand thought to tales in point, and charming and vivaciou in t Counsel toy
Secured thas not auge space. Violet Dekker war Kiteratore in presumed to be of the same view as the Colart HAYMAKERS" or
role Eumire while Paddy Mr Justice Gould added that pera sauters made a haps the instructing - moliator would adopt: Live: Court EndenELICIA "ALTERNA forwardane adu
Other members of the |-received, or the pron quantum wine" this enjarabila pho
FM: 16 bức Sher Appeal Court did not contr Foster, Audrey!
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BUS DISASTER
Three people
of
RY
the dilighter; of puff
Richar
•
The meeting will take place and electricity slot metres in Interviews Judanent was ambiguous in as at the European KYMCA, PARKERETAN Produced by much as it was not dotermined. | Salisbury:Road, Kowloon." There „r school' ndez'ara ? répőrted to: enterprising young! capitalists what the learned Trial Judge will be special entertainment be goins from door to door in mwant
by the expression Including demonstration of some areas offering household- "business assets" and Counsel Chinese boxing
sed the questiois whether the
Judge meant "business
a1-016 date of the use Vice-Con
of the businest. of Avgurt. Given
For at the date of the
nothi
of struction
State
ition
ere willling pieces for one shill-
An MP ald this in the House of Commons todayERIES 330
cind reply, that
Mine isased ithroult Bab