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JOHN CLARKE'S
CASEBOOK
Free trip
THERE
who
men are think that somewhere In these islands Utopia lies. Closing their watery eyen, these dream of J town where incomes always ex- ceex expenditure, and rates forbidden and taxes naughty words.
Drink
flown
are
in the dreum wwn, work 14 frowned upon, racehorses and greyhounds run an true to form as the Green- wich time signal
Perhaps becntist it has been billed so often at a boom town, many of these hopeful ones decide that Jalon in the Gown that they have dreamed abonat, To Luton They journey a1 make that statiering discovery there that booms are built upon
man-hours of work.
They hurry
the staton
then, Inquire about the traina to London an<! buy themselves a Then, when u come In
platform Ucket.
train
from the north
they slip aboard.
THE
FLIGHT
HE platform-cket Dress would appear to be bouing
# Luton, like all othern
On board the trains, travel.
ling Beket-inspectors pick up the optimists.
15 A
is policem
At St Pancrus there
hamly
lo take
caze of non-fore-paying passen – pers, who, in due course, arrive
in the dock at Clerkenwell, as Joseph did, the other day
Joseph is a well set up man, 57 years old, who succumbed to the lure of Luton then Alice to the face of the
enemy--work. AL Clerkenwell he pleaded guilty to travelling by train without having a ticket or the means to buy one.
A
AN IRISH DRINK? POLICEMAN told the story to Mr Frank Powell, and adster
This man
refused to TITIGWY
any questions about himself when he was charged, but he has been identiñed 01
Scotland Yardi.
"Ile was
+3
known, was magistrate Inquired.
the mu
YOG, Sir
CHINA MAIL
Page 10.
•
SIDE GLANCES By Galbraith
1228
Cup 1964 by HEA me
"Poor girl! Since they became engaged he's lounging around every night, looking almost a slouchy as you!"
LETTERS
TO
THE EDITOR
we
be allowed,
of
HK Police Officer's Big Appointment
Assistant Superintendent HK Council Of
Brian F. Slevin of the Social Services
Hongkong Pallee Force has been appointed Andistans Sir-Muy
Supervisor for Colonini through your columns, to draw
Police Training at the attention to the work of the
Heardon Police College, Counci Hongkong
waa learned England, it Social Service?
today. The Council consists of representatives of twenty- bedles, nine voluntary welfare
A350- three representatives of ciate Members two ro-opted members and four Government Observers, Its work is to co- ordinate the activities of
organisations, to inember mote new welfare projects, and
Rive
On !! Information
welfare voluntary
he?"
there
62 Le
The
to
"He was
ten
previous convictions,"
policeman said:
inst days ago. He was born in Ulster. him, when
he
released from prison
on
arrested, he had a bottle
Intning cold lea
mixed
was
con- with
It anells
of
surgical spirit?**
"Is that
an Irish drink?" Mr raising activities Powell asked
་་་ don't know, sir. like methylated spirits. He has д number of convictions for being drunk on surgical spirits. There are 14 convictions, too, for travelling without paying. fare"
THE magistrate
the
12 prom
to
Mr Stevin's appointment Is for two years and he will leave Hongkong short- ly on secondment to take
up his new post.
Prior to this appoint- ment, Mr Slevin held the posta Commandant of
of the Hongkong Polico Training School, Divisional Superintendent of Trafilo to H.E. The Sir Alexander
and ADC
Governor,
Grantham
He is 28 years old.
A senior member of the Potion foron told the China Mall this morning that Mr Stevin's appointment was
recognition of the gen eral standard of efficiency of the Hongkong Police among British colonial
#
Police forcra,
Hunan's New Governor
WEDNESDAY,
FEBRUARY 9, 1955.··
LARGEST WRITING MILEAGE
GUARANTEED
KERA SHEAFFERS
Fineline
"500"
Available with, extra tha and medium pointe,
Quie Case: Defence Counsel
Begins Final Address
DESCRIBES PLAINTIFF AS "LITIGIOUS
he was quito, unable to give pne reason why Mrs Qula should have said everything against him. I asked him that time and could not time again and he give a reason why every person connected could have said any- | suffers derangement
thing untrue against him. Even mind and has to be cared for ho connot give any reason why his wife or anyone else until he in
his Improved in
should say untrue things about mental state of health.
him.
of
the
Mr Blair-Kerr said the plain- It is a matter for you Jury tiff's side, well knowing they whether you believe anything
GENTLEMAN"has ocases, confiery but had to move or mode or whether you
In his final address to the Jury in the Quie case, Senior Crown Counsel, Mr W. A. Blair-Kerr labelled the plaintiff, Mr Joseph Leslie Quie "a really litigious gentleman" and submitted that his whole case had been entirely misconceived.
The Jury were not to decide whether there had been an error of judgment which resulted in Mr Quie being in the Mental Hospital, but they had to be satisfied that the three defendant doctors had been culpably negligent, said Counsel.
It was not
"It is whether or not those entrusted with the duties of finding out whether the poor unfortunato was of unsound mind or not have taken reasonable steps, and exercised reasonable care in their investigations," said Mr Blair-Kerr.
He added that the onus was on the plaintiff to prove negligence.
He cited Another observed in the Mental Hospital Defendants are Dr P. M, Yap, and Government psychiatrist modical officer-in-charge of the Mental Hospital, Dr S. H. Moore of the Medical Department and Prof. A. J, S. McFadzean
Hospital. Mary Queen
Plaintiff is Mr Joseph Leslie de- Quie. He is suing the fendants for $250,000 damages to himself for alleged Injury
the defendants alleged this action by the plaintiff and from
with I will tell you briefly the rea negligence in connection his detention in mental home son why they were not roped in gentleman, be- causa, I submit,
DI
"You may have wondered why Dr Coombes and Mr Hin- shing Lo were not roped
no conducted It In
way. They got
hold he says not,
believe. Mrs Qute principal informant
of
was the
this
in
the certificates and because they wanted to know as much about the case before it began matter getting a history of
You Mr Qule prior to his c the defendants they presented with a long list of questions ton I will say now that
Quie struck me, it is a mater doctors gave the best for you, but you may foel that The doc answers they could
from in her own simple way she was memory and the plaintiff's sido one of the most apparently ce- were thus given a picture before liable ['hful the case started of what was left you have.
the defen- in the munory of
APT WORD COINED
dants.
นก
that
it
persons ever
Does DOCT Eurpriss you, you have come to that conclusion, that this lady Impressed all who came in con- "They took these bits of act with her as being a rell- paper, these answers to the noble, truthful good wife to Mr terrogatories and split up van- Quto?" ous things, sometimes they even Hearing is continuing. spl a sentence. Then they say
чте
Mail Notices
to you Now, what about this? is that enou
that enough to form a basis of insanity of
No. a person? Therefore disregard it. And they take another bit and say the and on. And then Humo,
up by saying as each Hey finish bit is valueless, therefore whole lot is valueless, The word fragmentation was coin- ed. It is one of the most apt words I have heard for this," said Mr Blair-Kerr.
for observation, or for his cer- by this litigious is an he not undertake to effect a cure every symptom in relation
tincation as being of unsound mind and consequential confine
mental home. mont in
먹
Cause.
Botion.
ما
the
act
Something which
Ho
or not
of the
A
the
MIC
11 1
10
which
been
The latest times of porting shown below are those för ans registered correspondance ported at G.P.O. Hongkong. The latest porting kes elauwbare which, In general, ars earlier than thu » Q.P.O. timer can be ascertained by_onquiry at the local office,
The latest porting times for registered articles are ponořally one hour earlier than the times shown below. Particulars regard. top paresi malls can be LITERS tained by enquiry at any post oniew.
WEDNESDAY, FEBRUARY S By Air Thailand, Malaya, Indoneida, Aus- trails. Now Zealand, Ceylon Mauritius, 0 p.m.
Japan, 0 p.m.
Bwitzerland, Denmark, Norway &
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Formoen, 6 p.m.
By Burface
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"All the way through the last four weeks there has been argu- Middle East, Afrios, Great Britado ment over labels, terms, such na of ideas,' 'mantacal', 'Bight grandiose
Books have endeavours have
been
Been med
that t the
what
Japan, 11 a.m. Phlippines, Qua
V.S.A., 1 p.m.
Kwali
Philippines, N Borneo, 0 p.m. N. Borneo, Australia," Now. Zóa- land, 1 m
by Harface
Chine. Prople's Repubile, 850 a.07. Philippines, N. Bored, dubatil,
am Indo-China, 14.07. Място, в д.о. Prof.
"The
con-
an
Japan, 2 p.m
Malaya. Ceylon, Indie. Aden,
10 p.m.
Mano,p.m.
FRIDAY, FEBRUARY 11 By Air
Philippines. © >8.m,
Thailand, Burma, India, Präzistant, Egypt. Bwitzerland. Francs de Genat Britain, 2 a..
Tag Kores, 10a.m.
Okinawa.
authority for some time, There was a that to render a medical man second application on March 28 liable for negligence or want of
certification on due care and skill and the final March 31, that certificate being enough to show there had been counter-signed (as prescribed in a less degree of skill that another the Ordinanco) by a Magistrate medical man had shown, or of the Colony,
less degree of care that the man might have shown. himself
be want of the and There musi into ordinary competent care
skill and of such a degree as to have led to a bad result.
He continued "Surely even Another case cited by Crown Counsel was to the effect that we laymen know that doctors do
surgeon in an operation did not diagnose in that way,
other is a really litigious gentleman, but undertook to bring a rea- every
symptom A JUDICIAL ACT
and sonable and competent degree of gives a doctor that pattern or Mr Quie is represented by Mr
"Justices of the Peace
skill to It
You yourselves would picture John McNelll, QC, Mr Law Magistrates in the course of fourth case read by Crown not judge a a criminal case in the rence Leong and Mr R. W. S. their duties perform certain
Counsel pointed out that an way they have put to you." Winter all instructed
and certain by Mr Judicial ncis
to ad-
Crown Counsel action against a medical man for
went on M. A. da Silva.
ministrative
acis, The net
of various clr- Defendants are represented by which they perform under the giving a lunacy certificate must give instances
not be maintained on the mere cumstances in hypothetical Mr w
W. A. Blair-Kerr, Senior Mental Hospitals Ordinance, I opinion that he had come to the criminal caso, Crown Counsel, and Mr J. C.
subject to
his what
wrong opinion. He must not be
He then declared "Most of McRobert, Crown Counsel.
will say, is a judicial led to enter into a contest in the evidence which has In other words there tea which the Jury had to decide called by the plaintiff in sup- The hearing is before Acting Chief Justice, Mr Justice discretion whether
the whether he had been right or
preposterous action port of T. J. Gould, and a jury.
JP or
for negligence has gone on these can refuse, he has wroMISCONCEIVED" Mr Bhair-Ket told the Jury or Magistrate makes such an
order.
lines Take this, is no good by and that they were the
swers to make enquiries, sole judges of
"It is my submission to you itself, therefore the whole lot is the
in fects,
other words, he can order further investiga→
case that the whole in this law
no good,' It is a matter of whether or not any particular tions, etc.
been misconceived thing has whether that
that any
Beting in a person was negligent,
person or not any particular peceon judicial capacity, doing a judi- leer to the Jux said
Mr Blair-Kerr Jury. protected neted in good faith, and whither cind act, is completely uspects
Mr "You will remember work.
not there was It is also empowered to
reasonable from anything which may ensue
ideas. raise funds to further its work.
This son of question was from that set. That is why Dr McNeill's opening. The whole emphasis was based on words; entirely the province of the Jury Coombes and Mr Hin-shing Lo words in the certificates, words
ww to you and to make grants in response
to 80y alone. On the other hand Mr were not roped into this action the to appeals from other bodies.
applications. He tore
use of these terms was unjusti- Justice Gould was the sole judge by this liuglous gentleman.”
mach Many of the member organi-
come words, some
Bed. What does it matter of all matters fund- their own sutions have
of law and his
The present action was one for
"maniacal" to bits and tried to
terms and labels were used in and also
law must be negligence, said Mr Blair-Kerr make out to you that because the long run? It really does not пр-
directions on the taken without question.
deaning negligence as "failure 12y- peals to the public, as can be
some form, some bit paper,
Supposing thing that Counsel on both sides in a duty to take care,"
was not filled out as well as it matter. seen by the daily list of acknow-
"The onus is upon the plain-might have been, therefore it McFadzean, if you believe him, ledgments of donations publish- The Council
said regarding the law were 65ff to prové that negligence, and followed that Prof. McFadzean. after investigations came to the Middle East, OL Britain & Drope, variance ed in the press
with his Lordship's has itself from time to time
views then the Judge's word that is all that is involved in a Professor of Medicine of the honest opinion that Mr Quie sponsored film premiere, but
must be taken without question this action. The fact that I Hongkong University, and the was mentally deranged and put !! has
Mr Binir-Ker went on to say: have also endeavoured to prove Deputy felt that it
Director of Medical it generally on the form up to now
Would that affect that this gentleman, Mr Que was, Services, and a trained specialist man is nuts," "This is a very strunge type of should not make a large public
as it would
be taking
It appeal, as
is an additional in psychiatry had been culpably the care and the honesty with must have struck in fact, Insane,
extent. men which he arrived at the funds from
you that the usual type of factor which is not the essence negligent to the those organisations เช่
Perhaps he express which administer direct relief.
loned in the passage I read loclusion? action against a
hat a person, such as of the case," he said.
OLD LAW HARSH · you However, we
a medical man, is for falling to would like to
It badly or colloquially. Would You Mr Blair-Kerr asked the Jury "Another diagnose
Mr Dr Dawson-Grove be said to be point In emphasise that we ourselves re-
really is there, with the
you negligent because he in ceive nothing from our member
to banish from their minds any McNeill's opening which result
to help the bodies in fees, and
idea have got to rid from your minds honest endeavour we should
that the patient either des that because a person was pq is that he attempted to paint au family
or remaining vestige
said to Prof. he glad to receive donations and
untoward some
consequence
*Alec, into
the Mental Hospital and picture of mental
derangement McFadzen ensues. Here you have the ex- contributions to help cover the elected Governor of Hunan, the
the thing. Joo followed else said he was not which
Qule is crackers'? expenses of the day to
rather traordinary position of three someone day native province of Mr Mo work.
Tze-tung, at the 1st Provincial doctors being sued for diagnes of
might feel he was not of un-medical witness, Dr Slungo. The on a certificate, but is it a lack individual members of the tes a Hunon report.
says was not there. One almost sound mind, that that was the picture was given to you of a of care or skill or honesty? Are public can be of great assistance General Cheng, born 1881 In
feels that from the word 'Go case proves.
person of unsound mind as belog all these men to be judged be In the old days the law was that in a situation of that kind, in this matter. First, by simply Hunan,
a raving lunatic, as if this were cause they expreased themselves Was appointed Com-
Surely making a direct donations to the mander of the National Defence
given reaschable skill on the very harsh and the person who the only type of person who badly or colloquially?
(Continued from Page 1). restrained a man he believed to could be so regarded. Of course not. part of the doctors Council; and coming Associate Members. As k'ol's attempt to make himacie and in the absence of bad faith. peing mad or not mad. If a have had a mass of evidence to
secondly by be- Army to oppose Yuan Shiḥ, want to say?"
ARGUMENTS ON WORDS be deranged took the risit of him that is quite utterly wrong. You
Industry. Only its imple- RETURN TO DREAMING Associate Member is one who,
it is almost
"That is all that has happened menration for Impossible
create Ho had run
พบ Emperor in 1916.
action of this kind to succeed.
Dr mumbled almost to while not necessarily devoted
Jury found the man not to be show you that is not so, in these four weeks, arguments necessary' conditions for 'd real for the Vice-Presidency during
said that In a for a moment
on these words which make us upsurge or supporting one specific charity, the National, Adaembly in Nun-
"For example if there seems mad then the person restraining Curran has
in the production of two, slurred words that no one has a general interest in pro- king just shortly before
to be a subtle
him was lable. But since 1800 hospital of 2,000 beds you may feel sick."
all cogential the
conspiracy be
commodities for in court
In England, and for a very long not find one that could be re- moting
Mr Blair-Kerr sald that the head or
social welfare
tween the various doctors work Communist took over China.
popular consumption," time since in Hongkong, that
08 raving lunatic.
case really plaintiff's tall
WAS of. He seemed not to
Bard and poor mong the distressed
Не
of the Joined the Changsha
Quie family
Thing other
in Mr based on the evidence of two "It can be expected that vari- expect of
Hongkong. desire to be under k
paying a uprising in August 1949, and then of course it is possibly was not the position, said Crown
McNeill's Counsel
la this He witnesses. minimum
opening understandable, but in the ab slood.
The first was Mr ous bourgeois cliques will raiso annual subscription of became a senior official in the
"It is whether or not those left with
hysterical valoes "Is quite clear that you are $25,
the Impression quie himself. you
over 325 'Associate Members
of anything like that entrusted with the duties Hunan Province under the Com-
some kind of
He went on nutrance,
to noviour Mr present sinterior, and the fact tribute to said the
that there was this work, and
are munista,
almost Inconceivable anding out whether the poor un stigma attached to mental ill Quie's evidence and ended by that the post of the Chairman The maximum
also entitled to elect three mem Among seven other Deputy
highly quali fine for this is £5 or one
from among btra
fortunate was of unsound mindness. Surely in modem timen saying that in fact Mr Qule of the Council of Ministers ali the
Governors elcated in the same
their or not havO taken reasonable e there we have advanced far was drinking tmself to death and the USSR fine been vacated. month. I chali impoco that, Associates to represent them on meeting was General Tang duties as doctors, should be steps, exercised reasonable care, anough to realise that mental in June 1861 he was "a broken "But wo
"Also, you will find a surety the Executive Committee of the Sheng-chi, formerly of the Na- faced with an action of this in their investigations. That is iness is the same ne any other man in body, if not in mind Soviet people
will of £80 to be of good behaviour Council, to stand for such tionalist Army.
kind and said to be negilgent
there is t
sald Mr Heir kind of illness. The doctors try as well. to it,"
lying and slander. nothing the for 12
If you fall to election, and to attend months.
the
Kerr.
Mr Culo
to Elvo endeavoured
The interests of the Mother. find a surety, you must now go quarterly Full Council meetings, exhibit the work of these mem- or low by carrying out their
He
dited, several
veral case authorit make you well and they give treatment as they do if you had st
of tho explanations
ex-land, the people and the Party to prison for months,"
An Associate Member can thus ber organisations and others professional duties.”
iles which were to the effect any other form of physical ill-travagancies and mirets of dand above everything for Jomph nodded equably, and take an active part In the who make handlarafts for sale,
that the Jury must be satisfied rs. Alhough mental illness unusual conduct stated in the every one of us turned and went
Council's work, and has an op such as cephanages, boys' and
5 PEOPLE INVOLVED.. nway
thero
whr culpable negligence, not to be confused with any answers interrogatores, Expressing this request for
A PROMISE resume in a cell his dreaming of portunity to make suggestions
girls clubs, etc.
Crown Counsel explained why and dat they were not enqule-specific disease there is no said Mr Blair-Kerr the Utopin that, without surgical for future projects.
May we ask for the
Dr A. H. H. Coombes (who ing into an error of Judgment, stigma attached to k 'spirit to improve his vision,
"I submit that these explana- my relosso from the port of parts of the Counell's work of the individual members | granted. the application for Mr | but whether there hid
operation
bezni
a "AWFUL CONSPIRACY” tions were, after-thoughts after Chairman: of the USER poemed somehow, farther and farther away.
these Council of Ministers, I winds, "Ono more paint about. Me he had the answers to and (2) contributions and thing Lo (who counter-eigned person owed in
in a mafter touch-
Supreme social experiments, either by
To assure the temporarily operating a direct or indirect participation the certificate of insanity) were ing the liberty of his follow McNeill's 'opening is that he interrogatorics in his hands, he to
Soviet that, in a new post, tried to create in your minds iadded. as Associate Memberst As stated, not "roped into the action as diizon. acrylce, or by promoting the
14
minimum
real point of his will, under the guidance of the Mr Blak Herr pointed out the toeling that there was some subscription well,
The clot to operate it. Two
Associates is $25, but it is He told the Jury: "Having that Soutien 15 of the Dedirmance awful conspiracy between the evidente is that he did not cast Central Committee of the Party
Ha Amity exampico of this are the Yanily Welfare Society and the Hong-always
the Mental Hospital's provided that no actions should wife and doctors, a fooling that one single doubt on the fact that honodaje. In
andil, the ⠀ | Soviet. contribution Lt
Not one
one evidence. He said he wanted Government, perform in the now Independent All such
Dr Yap been which are
to have both sides of the most conscientious,' manner
Function bodies having
has prescribed the various steps other person, if anything done representatives
should be sent to the|| which. must
taken ba
before was in good faith", aret wilk
caan that, there hail been consider the launched
them. Present Secretary,
Buprene Soviet. adopted "REASONABLE CAUSE” from
end shows ablo discussion between examples of new projects are Social Service, room 103, Chinx mind. I must have trick you
of theth "Reasonable cause is a furty that tho
con about
Mr. Quie's
statement of further: Information lengthy proceedings sub-commitees, on the care of give any
Cule though he dealed on tried to and to reines and on the required about the work of the were on the mental defectivos
Ave people in prod as meaning ressonable on family, Mr and Mo Qua Bo explain every allegation, made volved in the certificatiori of. Mr the face of it and not for scene
by Mrs Quley Dr. Dawson Girova: USSR Council, publication of children's books Counell
M. MANSFIELD, 8.J. Quoraz int at all there was cutenebojas or capricious kington.. rid your of any feeling and various other informants,
minds of Chalman
Prod Morackean who made the you may well bács in this on that may remain that there was application to Justice of the wh> [n: "the" putrageous or any conspiracy or that there Pesos, on March 14.5 Then the Panaritioun zemmons For Buy OOR OF WHE WAY!lgens attached to MPH application wal grantaidi, by the thesar med inng van they idik" poor, aminetunate who, alther, and on [Coomber
Qude wan' | Wich Mr Male-29WT
permanently] WY
PRETTY FAR GONE
lurned Joseph "What Ju want to say?" he asketi
Joseph twirled his hat in bia if embarrassed at the hand, invitation. "Can't say I re-
nember
mitch about it," sald
Inst. "I was pretty far "Where do you live?"
a!
he
I been living in Luton," and
that had
he shuddered at the memory of
a
lown
enerty.
៩០ much
you
"Is there anything else
JOSEPH
himself,
magistrate.
could make
U.S. Conscription Approved
to
Washington, Feb. 8: The House of Representatives toklay extended military com scription for four yeux.
The new law, voted by a substantial majority provides
a
Mr Cheng Ch'len, formerly
Kuomintang General
Was
do
scme-
There are two ways in which | Assembly meeting on Monday, ing something which the plainte micsound mind, or the Jury picture drawn by his principal? Something which no doctor puts
ona
One of the most Important
new
states
n
of
members
concerned,
12
fled
and
that these dying out
an
and
Of
•
علم
Resignation
Letter
kong Housing Society, both of 4by Cociations and mincare with which the Legislature (eractioner, police officer or any)
to Member to ance you will nollee the be brought, emajast a modionl | Mif”. Qule had been imprisoned De Yap rreèived all that made of solidkritze. »
of
to
on the Council which originally Į scriptions, Hongkong Council of anyone is certified of up / rumomable boulejos MENGINTRES couch a con- pleture and; thereford admitted chebu, laws the
has
whole
to
nected with it had
other
that Americors · aged 1811⁄2 --will reoriented in the Council's, two ) Building, who will be glad to') during the course that there | wide, term, which hay - biers des mineto; bel
have two years, active : service, followed by six years nctive.
The Houte decided, to móvá. (in Chinew); Work on these repidly in the legislation because Two undertakings has recently current international | Beguma and it is hoped to produce the attuation. The Gooném still kits to Penalbe shockly. Thore la sim ve-approval of the measuÇEW"," * project for the establlahrnent of #amall handicraft shop – to
Of
JAMES WICKS
Hod
RUTH KIRBY.
· TIMR ··
Communists and
Ignore
the