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LETTER
TO
Full Court
THE EDITOR
Stella & All That
brief unworthy
Sir-Permit this one to re- tain your attention fez moment With scribblings.
ut
# Truls written that people £ 1 ot then eching, but even this and toguished quill mover feuls i incumbent himself
express, fortunately, all too inadequate words, some assall part of his overwhelming appreciation
Ja
Expresses Sympathy
The sympathy of the Bench was extended to the widow and family of the kat M E. P. 1.
by
Chief Lang
the Acting Justice. Mr Juster T. J. Could, who sat with Mr Justice J. K. Court Bile tha Full GREK IB morning.
for seven war and
Mr Justice Gould sold that he read with rege of Mr lang's death at Bournemouth on May Mr Lang was Registrar of The Heavenly tuktance so ably 20.
the Supreme Court dispensed daily in the columns
years before the last of your afternion publication
such That vital intelligetin before that he served in Hong-
for kong
nutnber 16974~
yours In to mar cummity
capekties olher writings of the
Department. 1x pke d
this news is
Its thre Lily
the
5kr close
14 proximity preultar adventures of charac- iers made known to us by Him wim Combs The Benchte, as matter which gan atly
UDON remain silent. The reason
stach WDY enightrument, condense lje were straight fream the elest...) sphers should not occupy a spute sure fitting in the tunster 1 things, alas, I will never know.
Con
ar
implo e you, the
lot of w poor Ruimaras deprive i
of kiuwledge oď a thi
Ly's fale unta. th
thy for
Connier
Best
wri teh + appres non app ULVİN 5, heusion 118
Think of car tortur d thengsty
at st WA
of
the Legal
sture that
ELET! received
with much regret by all who knew him, and I extend the
sympathy of Bench to the widow and family,"
ded the Chief Justice.
Crown Counsel. Mr D.F.O. of the Legal Mayne on behalf
associated himself Department, with the expressions of Mr Jus- thee Gould.
Radio Hongkong
HRT
B
linit Ann
121 Zum Signal and Pegramine abcomen of a summary
Children M 03,
by Saby Fai
Shulte, 30, "antones by adio Les 36 Prepared by K. Le Asted by Denis Bray and Lee "(Recorded). 0 45. "nox War Tan
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t:aT“colt nelly Truth
Our destiny for 20 cents Pare
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de.
fully tabual, merelkssly del Broks, Books Reviewed by 'Panel Lowe. "The Lavaling Mat curate,
Devices Sarayan
holly <<
wie woul and
obay.
my
The
Willin 12 wal. to embed Desires by E Arnot Robertson;
In Michuet Fabry Donald Branka,
crossing
3
10 re-
May proffer any miserable solicitations to those whose fate, Jike
Is inexorably bound under the same heavenly sign, and remhad them
Queen's fruin front Root Central blind-folded unin bicycle
28 Such advices carefully followed, will
surely beat us to the haves of pence we so narne By deva
Allow from
Your
Un
CHINA MAIL
Established 1845
MONDAY, JUNE 14, 1954.
$3 MILLION BLAZE
Fire, driven by an unusually high wind, destroyed or damaged five buildings in central Winnipeg Inst week, causing losses estimated at $3,000,000. Picture shows the front wall of the seven-storey Time bulkding collapsing at the height of the fire-AP Photo.
Successful Appeal
"Dead Pig Racket"
Tallet: Travel
interviewed by Re- 700, Weather
Work B. Tune Signal Brid Neses pandon Relay), B10, News Talk Fondat Reiny AI Special Announcements,
Mr Lightong" The tians of the Handems in Hongkong. Pusine Judge, in J writter Send Play by Jack Shepherd (Part
Tom Ransons Bob Perry: Judgment this morning, allowed revealed 2th and Danny Perry, Clive an appeal by way of a
Judy stated, against Mullan Ralph
D
"Summer Joys and Tribula-
Justice
J.
H.
Cregg.
理
*CLICKER
BALLPOINT
PEN with RUBY
tip
SHEAFFER'S
Full Court Dismisses Murderer's Appeal Against Conviction
NEW
-Available at
All Good Storme
From the Filem
100 Years
Ago
After much trouble and great
expense
on the part of the Perkins, the murderers, in
of Mr
friends
for his search which Mr Caldwell no material- ly assisted, has proved BUCCCSS-
The Full Court, comprising the Acting Chief Justice, Mr Justice T. J. Gould, and Puisne Judge, Mr Justice, J. R. Gegg this morning dis- missed an appeal brought by Lung Yee-hing, alias Lung Tsai, 22, against, his conviction for the murder of a 60-year-old woman, Tam Luk-sum, in the course of a robbery at 73 Nga Tsin Wai Road last November.
Lung was sentenced to death by Mr Justice C. W. Recce on April 1 after a Jury found him guilty. He and a co-accused, Kam Yun-chuen, who was also convicted of the murder appealed last month. The Full Court dismissed Kam's appeal on the same day but reserved its decision Lung until this morning when it handed down the judgment in writing.
Mr W.K Loo (instructed by Mr W.I Cheung) represented Lung, while Crown Counsel, Mr D. F. O, Mayne, appeared for the Crown.
Two other accused, n man and an
the amah employed in
the offence look by tho were acquitted
house where
place, Jury.
Tho Full Cour: dismissed briefly the grounds thn Lanig's statements to the Police should not have been admitted and that the verdlet was unreasonable, but dealt
at some length with further ground regarding the direction of a Jury as to evidence of accompilees.
The
After citing prù discussing a num ber of enses on the petol, the Full Court came to the enelusion that "It would appear that no fixed rule emerges from the authorities refer- red to ebave in odd ond Garlond the direction to be given. in Die care of a Crown winess who l alice, is favoured The Mere- case, which at first sight up- Deared to go further. Тадэ been explained as in fact expressingt siming
Int Opintom
Bather and Nichards in somewhal different was circunstances a different view taken and in Eckersley a differesal forms of warning revolved approval.
A variety of etreuinstances may arter
when an accused person in a joint trial gives evidence. He may not implicate others at all, in which case no question arises. Be any excuse tumself and incidentally say something tending 10 incriminate another or others. The came wi Bares and Richard's Indicates that warning in mich circumstances is not essential, it would be untatr to the Crown if it had presented a substantial case against an accused lo Kive a direction which might
13
Atter dealing with the fi* ત the case and quoting the Blain.
lary to think that cr ments made by the appellant and Ram, the judgment salið, During criminating statement inade by a the trial the admisibilty of the go-defendant in the witness-box was the focal point of the Crown's cone *ppellant's statement was attacked
n they had merely to restard the been as not having
voluntarily made,
Crown and
evidence presented for their admission 11
otherwise. It corroborative or the evidence was made one of
nd not in fact be corroborative grounds of appeal The Court prů.
of the co-defendant's evidence, and poses to may only on this tople that
vet might well be sufficient to mla- the learned trin judge the
conviction on its own meam. exercise of his dineration directed in sume aus alternative directions A "dead pig racket" was
his mind to the correct principles werkt even appropriate according by the
when considering their admissibility Senior
to whether the jury considered the and the appeal canqui succeed on
co-defendant to be on accomplice of case Health Inspector, Mr K. O. that ground. In the sunning, and if they did, whether or not Magistrate's
were directed fully and they found themselves having to rely Central
the jury this forfeited Yeung, Record-order condemning
clearly that the question of the
Any of his evidence in reacti weight to be attached to the states
ing a verdict. When an accomplice is onlled to a witness for the Crown, it can be
by the Crown on kila evidence -- it la not nearly wo in the mise of evidence from a co-defendant. It seems likely ther- fore, in view of the varied clroum. stances which may arise, that the impiterion of the C
PTO- Director Davies v
of recutions above referred to, is that, in the case of a co-defendant, the trial judec ell retains a discretion as to the direction to be given in purticular ORDER.
13
Exportation
at
33, son Welles t The 1,075 Inels of gold seized on a morning when four coolles came before Mr Hin-shing Lo charged with possession of unwholesome meat unft for human consumption.
The four defendan's, Au Sing, 44, Chan Chi, 27, Lo Hing, 45, and Lau On, 44, pleaded guilty the charge and were fined
Ontle
Pro- Shepherd JJanet Gaieed by Jack Shepherd Hack Mine" No. 10 in the Series
vessel under section 9A of the to withdraw
of framing based on the records
and The fragrant
Scotland Inemory of
Yard Importation VID The Episode 13: "The Bath: 9. Time Ordinance, Cap. 50. Hlustrious presence, ariel
Signal HAQUE
The Keys, Асто permit him to hope that the fine
The Fermining Touch; 8.18. Cou
The appeal was brought by of reponsibility to your
Concerto
Major D Ka 1 No 6) Lean Yeung Kuu, merchant, who was (Albino, Op. for which reading publie
you
(Ober) and the Philhar-represented by the Hon. Leo Cen are so justly renown will allow
TRA String Orch cond. by Walter
"I in D'Almada, QC, and Mr Brook A. you to continue with the invalu- į suskaid; Concerto No.
Yehudi Bernecht, both instructed 6 Paganini). nble services of the Star Lady Major. Op
Menuhin (violin) and Orchestra Mr F. W. Ko of Messrs Lau, $300 or two months, $250 or for the benefit of despairing and Symphonique de Part cond. by
two months, $200 or six weeks uneducated humanity of which I Pierre Monteux. 10, Take it from Chan and Ko.
and $280
weeks Nichols, Dick Joy
or six
re- ignoble member. remain an
apectively. Benttry and Animy Edwards Repeat] Perhaps other readers share care to my views, and would Join me in the burning of Joss sticks at the Temple of Gracious Tolerance at the time when the new moon is in its normal place.
R. M. H
Mail Notices
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for The latest posting times
generally registered articles are ate hour earlier than the Umies shown below. Particuines regard- ing parel mails can be ascertain- ed by engulty at any pust other.
MONDAY, JUNE 14 By Al
Japan, Korea, 6pm. Thatland. Malaya, Indonesia, trail. New Zealand. Op m
By Surface
Macao. 0 p.m
Alis-
bere with
by
10
The Hon. A. Ridehalgh, QC, dient Thursday's Brondeant Attorney-General, and Mr D. BBCTS, 19.30 pm, International N. E. Rea, Crown Counsel, were Cabaret, 1045. Philip Green and his Orphestra. 1000 Weather
for the Crown. Re- port, 1, Time Signal Radio NewA 11.15, Good- Reet Handon Relay);
it Music: Ged Save The Queen; 11 30. Cluse Down.
WINDING-UP KOREA TALKS
(Continued from Page 1)
Nations which
were
made by Western delegates last Friday.
Non-Communist delegates be- night that refusal lieved last lo go on talking here would bring
propaganda barrage from
the Communist side. Many United Nations group of the here thought it certain Communists would allege that talks had been broken off de- spite the
possiblity of agree
A
The defendants were found in possession of thrus dressed carcasses weighing 333 pounds, His Loriship reserved his de- B1 pounds of pig offal and 14 cision
the gold pounds of lard at 118 Belcher whether oh
the Street, second floor, on Satur- should be turned over to claimant, or whether this ques-day. The nical
was unfit for decided before human consumption. tion should be
heartag the Magistrate,
Mr
Young. K. Q. short submissions by Counsel Health Inspector, told the Court en both aldes.
that from time to time the | Urban Services Department had been up against the "dead pig racket".
after
MURDER TRIAL
Senior
When a load of pigs camo Into the Colony some of them were dead on arrival and these should have been sent to the Slaughter House for destruc-
(Continued from Page 1)
How did Hon.
the
cleaning your rifle. tho this accident happen?”
Major Davies said Cooper re- piled: "No, I was not, I was tooling with the rifle and then Vera suggested that I should buy her a new dress. I said: 'If you suggest that I'll shoot you.' Then the accident happened."
Somehow people were getting CLICENSES and then selling ast food. them to the public From what was found on the defendants premises it appeared that this place was quite
arge operational centre, con- Unued Mr Yeung.
"From the public health view this kind of practico is voy
I ment,
They said the openings of such
propaganda campaign had already been established in Mr Mololay's speech of
May five he listed
(Johore Court alts on Sundays. | dangerous,” "points of agreement" between The case continues tomorrow). | the two sides.--Reuter.
-China Mail Special.
20. in which
CARLOWITZ
20 Des Voeux Road, C., Hongkong.
Sole Agents for
CARL ZEISS ZEISS IKON ZEISS WINKEL
Distributors:-
megle was entirely one for thein.
he
and that no statement room
against any lance in pled the une re regarded as evidence
one except the person making 20.
CONFESSIONS
show
CUT=
the
COURTS VIEW
on
and
they
are now
case
in
the
is under-
custody. The going investigation before Magistrate, and
we understand
the testimony of the witnesses- the boatmen, who took no
no share
the boat
In the murder is so conclusive against the owner of and his wife, that they are
almost certain to be convicted. Mr Perkins is said to have been
stabbed while avicop, and afterwards thrown overboard.
•
verdict largely upon the statements made before the trial. They were i directed an the footing that the 2nd
The last number of the Hong- and 3rd floors were separate pre- mises and that an intent to rob on kong Government Gazette, be- the third floor must be proved besides "An Ordinance to raise an
lore there could be a conviction of murder
assessment
In-
thren
Kam Yun-chiton's evidence additional Police Rate," was that no one of the three Weat
creasing beyond the second floor. Therefore, In view of the direction, the jury could not have convicted the ap pellant un Itis evidence alone. In hir statements Chung Ming-sun did not admit going to the third floor-the appellant and Kai Yun chuen did admit it and gave cer- isin convincing delalin; they were both convicted. Tho
must jury therefore have accepted their state- ments as identification of the two men seen by Wong Foort, wen no other ovidence on the point, On that basis Kam Yun-chuen's evidenco anumes importance cording to the extent to which ine Jury took it into account in de. would accept elding whether they the appellant's confessions ka rect statements of facie case of the gecumplice's evidenco Cor- a point) the roborating (up to Crown's care rativer than the Jury
the convleting On
accomplice's nvidence because 11 was corroboral-
the per cent for the next threa months, with three per cent on the following three months, if
ap- required; contains the pointments of Mr C. B. Hiller Member of the as provisional Executive Council; and of Messrs W. T. Bridges, W. H. Medhurst, R. C. Antrobus, John Dent.
W. P. Livingston, R. S. Walker, W. Lamond, and C. F. Still, as Justices of the Peaco for the Colony.
There
AC-
cor-
ed. In the particular circumstances the Cort ts of opinion that warnin given was sufficient.
"RED HERRINGS"
the
"It must be remembered that the learned trial Judge Was
deling with the beallion "of co-defendesis and the variety of circumstances that may arte in such CASES WAS exemplified by the fact that one of the two concerned was sequitted and the other convicted. The leam- ¦ed trial judge's reference เถ ป
wimming-up to "red
it with
unfortunate, but he for MDA 0.0 explanation
the practica regarding Accomplices enlled o Crown witnesses, and thon with his further direction on the posilien of direction was ro-defendants. That That
they must regarda
defendant's
with ereum- evidence spection and caution, and the leart- ed trial judge gave an explanation thardly
nevertheless needed t
| calculated to impress the warning on the minds of the Jury) of the reason underlying the necessity for caution. The direction was in fact very similar to the form of waming suggested in Eeraley's crea. The Jury showed by thetr verdict their view of Xam Yun-chuen's position in the matter, and the Court does 1701 consider that the direction actually given was any more likely in lead to confuser or injustice than the form of direction in Davies v. Director of Public Pro- Docutious.
apolleation for leave han heen treated as the eppeet and for the foregoing reasons it la dismissed.”
05 other roun of appeal. that the verdict WAN imreotiable having regard to the evidence, pan also be shortly disposed of. The appellant's own confessions Indicale that he, Chung Ming-aus and Kam Yun-chuen went together and that to hit knowledge the other two The srmed Werc
with knives. whole implication of his statements taken together with the evidence at to what happened on the record floor is that they went to commit the accused Kain Yun-chuen
"The present case is one la which Wad an armed robbery. His own slate- ments
that he wont to the
definitely in the position of an top floor with Kam
rubbery and there Yun-chuca,scomplice to (Kand's own, statements are
was evidence for the jury of his The enunder airient
From with
complicity the question genoral evidence of time and of
whether the learned the angangement of the pretrdes
trial judge was right to consider- in conjunction with the reference
ing that he need not direct the jury in the form laid to the womun
down in Davies coming over from
In the "the 3rd floor next door"
v. Director of Publictiona for prosecution witnemes, appellant's statement the haty were quite anditled to conclude thad he ther the direction he intact gave and Kam Yun--chaen were the two was adequate. There is no doubt
Weng men seen by
that had Kam Yun-chuen been con Foot Upon her evidence, related
victed and sentenced before the statements, and to the appellant
appellant and called by the pro- the evidence of events on the 2nd
ecution, direction in the wal (erms would have been triedatory. floor, the fry were also fully en-
takea Bled to coms to the conclusion
For that reason, the Court
a direction that the two men seen by her had the view that much
might have been preferable in the prosent chec, but nevertheless of the opinion after comaldering the marine mithorities above referred to, that Commander in the care of a co-defendant there
the witness
gone to the third floor to rob the inmates, whether or not they had held that kștention from the outset. There was therefore, in the opinion of the Court, escond basis for the
Jury'a verdict Aparat then two"
ments. All the exhibits were ordered
to be confiscated.
CO.
Optical instruments, Punktal lenses
etc.
Cameras & accessories
Microscop Polarimeter etc.
All leading optical & Photo - Dealers
DIRECTION OF JURY
The question of direction of the Jury concerning the evidence of ac complices presented greater dißeul- by sad time judgroent, continuing "The evidence of Kam Yun-chuen was prejudicial to the appellant in so far as it was the only evidence of his prerence and participation except the appellant's, own state- his final addrem at the trial claimed Counsel for the appellant 11?
that Leung Fong and Kam Yun- enuen were accomplices and told the Jury that it was dangerous to con- vict upon the uncorroborated evid- ence of an accomplice. There was of course substantial corroboration If the Jury chose to regard it as c. in the appellant's statements. The learned trial judge however did not direct the jury precisely along these linez,”
The Full Court rald that the Judge directed the Jury carefully concerning statements made by the accused prior to the .trial and quoted a part of his summing up refoching hirsuberanion that D- fence Counsel's remarka on the evidence of accomplices word "red herrings.
It then continued:
"Thin direction. It is claimed in
appeal, failed
the
Rrounds of
warn the jury that so far as possible they should not use the evidence of Kam Tun-chien, a co-teclined, evidence agairt, the acestved in "key Jaźd cordance with the principle
1. 25 С.А.Л. down in R. V. Marealth, 40 and R. v. Rudd, 32 G.AR. 18.***
"In the view of the Court the weneral effect of the direction given by the trial judge can be run- marised shortly. Its first told the Jury that the evidence of, an ac- cused person is general evidence in the case-quite- correctly. Then he wald Counes's references to recom plices might be confusing. told the Jury what warning it would be his duty to give in the case of an RES complice called as × Crown witness and then gildarenilated, the care of Kn accused person giving evidence, In such case the learned". usaj
· Fudge sald-be knew, of, no such, duty. But that he would alve theinda „Warisingumu za'amatieru of "common PIDER-2510, WARTIN LEIVOS. Whethat (thapo 'must, regard, the evidence of a
+mautions beckum 'mich
g
nobvious motive for." putting, the blane, on:: Üte oljer. ROGUANG - REG
mossibly”. not: Salling: the truth,
whe-
הודי
US SUBMARINE ON VISIT
PIRATES CAPTURED
Two pirate boats were cap- tured by six Mandarin junks off the White Rocks at Nine Islands, on Tuesday the 6th.
We learn also from MacBo that the Portuguese government Captain Car- torcha Amazona, valho,
had taken two pirate
junks, and gone in pursuit of
two two
thut
The his
others, supposed to have formed part of the fleet which seized the Paul Johann. On board of one of the junks was found a chronometer and some books, and in the other a sextant and several articles of cabin furniture.
We are likewise told the Indefatigable Chinese In former employed by the Macao 201 authorities has been mortally wounded by a
who scoundrel lay
for him, la walt assassin at first missed blow, and then tried to escape; but the Informer in company with somc soldiers gave chase, and being in advance of the others, scizing tho tho, having his away
right hand at liberty, plunged a long knite
Anto
the unfortunate man's side and made for A which was shut in his face, fate werd over a alone and fell, and in trying to wreat the weapon from his hand, one of the woldieux received a drench across the face, which laid open his cheek and nose. The soldiers at last mucceeded, but not until the man's right hand was almost brat inte a jelly, and he was rendered senseless by repeated blows on the head; indood so severely was he handled. that on being takers to the horpita), he was at once declared to be dying. TAKING ADVANTAGE
betaling advantage of the alarm wideh pre-
The pirates poem to The 1,526-ton American sub-
(Lieut Stickleback
R.H. Guimon) On B
La no inflexible rule, and that if the entered port yesterday direction nortantly given was recreational visit. Stickleback is adequate in the circumstances, the one of 89, ships of the Bajao Da interfered Class, She has 10 21-inch tubes with.
submerged speed of 10, "The result of the trial makes it and n the jury based its knots. evident that
vernis Bould
not
SIDE GLANCES By Galbraith
at her!
out jeans rolled
bra's'oartainly noti
volle in the Colony, and we dally hear of fleets of them being seen by vessels in this neighbourhood. Some of the junks met down as pirates doubtic we havent traders; but though.
we are not inclined to Fortune
love in every attack reported by shipmasters, mál át da certain that plentiful pirates, never were more khan they are now, The, founźng's Shipping List contains a report of the American sup Jordan Quincy by being chased off the Ladroties four larga junke; and we feverit other American vessels are overdue, át máght maturally, be expected that Commodore Ringgold, with four Vessels at his comratnand, should' at least tako a ertilio outside and-look about him. The Spartans cannot well be spared, and the duty thym natur- ally devolves on the Americans. An excuse may be attempted, on the ground of the spected Service which the surveying, fleet is engaged, and on the daigar to their insinRIS ments from the concumion, oetaend by the, digchange of gune; but the lotter could be, easily removed, on board one of the other ships and ha special duty ought so excuse the Commander of a man-at-vas (trom nursuing and extapATINE pirates wherever they are to be found RECOMMENDATION
At the time the Japan squadron Wie lving idle in Cum match of suggested the occasional
* VERRELL ON A.Deqiao down the WEN Coast, as not only likely ja berant the cause of humanity, Ini conduce to the health of the men and the preservation of discipline) and ya would now repeat the recommenda- tion to Commodore Ringgold 511 is really a disgrace, to poth the Englan and American navies, that with, such extensive mioane at their command, they do so little for the suppression of piracy, while a small Portuguese Jorcha with an officer And - Tsome: twenty men, pertorYTJ better mrylow thân both navies put together, Our men-of-war era dilla- tory mough, but the Americaşa sre even more 10 and we do not remoenbergen, instance in which single pirate funk, numerous shoqen they be in toome, wateru, haa talen
latter, Into the hands of the that, groept do ona solitary occasion, they have even taken, the] alighteni trouble: in reseching for home
» Printed -- and “published. WILLIAM ALICK GRINNAME":"Loc: and on behalf of South China' Morning Post Of Affalted BAMIR Wyndham - Bireet, Citynői Victoria Vis, the Colony, sof