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WHEN TAKING STATEMENTS FROM ACCUSED
POLICEMEN SHOULD KEEP
THEIR
MOUTHS SHUT
Counsel's Remark In Murder Appeal
This
A policeman should keep his mouth shut and his ears open. was what the law books laid down as a guide for police officers dealing with prisoners' statements, Mr Percy Chen contended before the Full Court of Appeal this morning.
Mr Chen attacked the taking of a confession from the first appel- lant, Yam Kwan-pak, alias Ah Kwan, 20, who with the second appellant, Ho Kwong-tang, alias Ah Tang, 22, were sentenced to death by Mr Justice J. R. Gregg for the murder of PC Lui Shing last December 6.
his
of the presentation of unsworn in writing of third sia ements parties to an accused person in goal on remand, said Mr Chen, "CROSS-EXAMINATION . He argued that the confession of the brother of the first appellant should not have been admitted by the trial judge.
The presentation
this of statement 10. the first appellant the circumstances of the and obtaining his
of
confession amounted to cross-examination of a prisoner which was not under the to allowed
Judges' Rules,
The brother was,
Both men are appealing. It is an attempt by the constable manufacture evidence and before Mr Justice T. J. Gould to and
J Mr Justice Wicks, that he has no right to do." against their conviction by 1
Mr Chen's contention was that Jury.
the brother of the first ap- when he made his First appellant's grounds of pellant, appeal were (1) that the Trial statement, was not a co-accused Judge failed to
as he has not yet been charged exercise discretion judicially.
(2) that with murder. the Trial Judge misdirected therefore, a third party. himself and admitted evidence
According to Mr Chen," the which was inadmissible; (3) Authorities were clear that a that the verdict was against
policeman should keep his the weight of evidence.
mouth shut and his cars open. The
grounds of appeal of
It was Vis duty to listin the second appellant were anything that was said,
but it that the verdict is unreasonable
was quite another matter that he cannot be supported
to a
by evidence. (2) that the Trial Judge Comitted.
put the Defence adequately to the Jury. Mr Chen was re-assigned to for the first appellant, appear instructed by Messrs Wilkinson and. Grist.
should put questions prisoner. His duty was not lo discourage u statement, and cer- tainly not to encourage one,
that it
Mr Chen submitted was axed law that a policeman mus! not question a prisoner Appearing for the second and if he did the answers were appellant is Mr W. K. Loo, not admissible. But this law privately Instructed by MessTY Woo and Woo,
The Crown, is
represented by Mr J. C. McRobert, Crown
Counsel.
FOUND GUILTY PC Lui was stabbed to death In Hunghom playground, The Were
wo.
found appellants were
third gulity of murder but a
accused the brother of the Arst
appellant, was acquitted.
According to Mr Chen the
The appool is proceeding,
Tried To Cover Up
For Brother
said
difficulties presented administration and was there- fore modified- by the Judges' "I could not understand Rules which laid that a prisoner the man's mentality." may be asked certain questions provided he is first cautioned Mr Poon Yan-hoi at Central that he need not say anything this morning, "until you The Judges Rules, however, told me that he was trying
not enunciated for the
to cover up for his brother." encouraging of
the
who Sub-Insp Groome. purpose
prisoners, Mr questioning of
enlightened the Magistrate, "said Chen submitted.
that defendant, charged with public mischief, had admitted knocking down a two-year-old boy while driving a lorry.
Enquiries revealed that Mak Ming, 32, did not drive lorry No *5436 at Hat Wu Street on the not night of May 19 and was
for the responsible
fatal accident,
THE ONLY RULE
Counsel said that Rule 8 was was first charged with possession the only rule for guidance of a
brother of the first appellant
before a
document been
younger brother, Mak Kwok,
of a knife and was later ques-police officer as regards the put-
a written tioned about the murder of the ting of
man who had policernan
a statement about charged. He made
which was the stabbing
pro-
He submitted that if the duced to the first appellant who had already been charged with document put to that man after the murder. The first appellant he had been charged did not conform to the description in the then made a confession.
then it submitted that if Judges Rules Mr
On Tuesday, Max failed to The only statement this confession was induced by illegal.
sppear in Court and his bail of means which
sane-which should be put before a $300 was estreated. were not loned in law then it should not man after he had been charged In Court this morning he was be considered by the Court. was one made by á co-defendant | aned $100 or four weeks.
Chen
1893 PROPOSITION
3
proposition
was
charged for the same cffence.
If the Court held that the
• He. quoted enunciated in 1893 which, he Crown was right, then it must position of submitted was good law to the Bind itsel in the present time. This stated if a sanctioning the presentation third party makes a statement a statement by a third party to which is taken down in writing an accused person.
of
and read over by a constable to The Court would find itself ir. a prisoner, neither it, nor the the position of having, to sanc- conversation induced by it are tion a recognised practice of the admissible in evidence because 'police authorities in Hongkong
"reg.
bare and beautiful
DEBUTANTE
Whirlpool 233
BRAS
\ BY HOLLYWOOD-MAXWELL
+
To flatter the low, curved back of a halter neckline
wear Hollywood Maxwell's Debutante Halter
Mak later admitted that his
who was unlicensed, was the driver of the lorry.
Mail Notices.
latest dines of posting The shown below are those for une registered correspondenes posted at C.P.O. Hongkong. The latest posting times elsewhere which, In general, are cartier than the G.P.O. times can" be ascertained by enquiry at the local once.
The latest posting times for registered articles are generally one hour earlier than the time] shown below, Faridontars regard- ing parcel maifa can be ascertain- ed by enquiry at any post outer. HOLIDAY ARRANGEMENTS On Monday, May 30, the public counter at G.P.O
and C.P.0, Kawloon will open for public business from 9 am to доод тhp Sheungwan Post office will open from 9 am to noon for sale of postage stamps only and all other Branch Onces will be closed.
The private box lobbies at
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There will be one delivery commencing at 10 am, and ons collection from all pillar boxes.
FRIDAY, MAY 21
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Buria India, Pakistan, Middle "East. Africa. Great Britain
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A
Radio Hongkong
Strap bra. Each cup is underscored with padded wire, has a H.K.T. little foam petal for a
5.57 pm, Programme Summary; 6,
new lift Adjustable Elcetion Discussion (London Relay) elastic back goes as 8.10, Children's Hall Hour. The "low as you want. White, with wide Grahame, Adapted. by May Jentia Wind in the Willows" by Kereth spaced straps, A B C cup,
Part 7: Plots and Counterplots (BBCTS); 6.49, Cincinnati Summer News to the patrons of the Peter Opera Orchestra: 7, London Election Pan Bra-A wide selection of latest Report London Relay); 7.15, Slate of the Parties (London Relay); 1.30, fashion Peter Pan Bras just unpacked rip Top Tunes' presented by Jean,
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JUST ARRIVED by PAA from New York Clamourous Cotton Dresses for Day and Evening Wear, also latest Seamless Nylon Hosiery and in Mesh Nylon.
Established 1945
FRIDAY, MAY 27, 1955.
» A photograph of the late Sir Gerard Howe,
Death Of Sir Gerard Howe
Hongkong's Chief Justice
News of the death of Sir Gerard Lewis Howe, QC, former Chief Justice of Hongkong on Wednesday this night, was received morning.
suc-
The late Sir Gerard was ap- pointed Chief Justice of Hong- kong in February 1951, ceeding Sir Leslie Gibbon. He was previously the Attorney- General of Nigeria.
BOTTI in Dublin in 1899, Sir
an served as
Army in the concluding stages of the first World War. Turning to the Bar after the armistice, be established ice in the
United Kingdom
joining
the Colonial Legal Service.
He served, both on the Bench and as a law officer, in East Africa, West Africa, Malaya and Singapore prior to his terms in Nigeria and Hongkong. He was attached to the Legal Department of Malaya when the Japanëse. invasion came in 1941. KC IN 1947
Sir Gerard, who became a KC in 1947 and received his knight- hood two
years later, left Hong- kong for his home in Bullough Castle, Dublin, in Apri tist
Many of his activitie were curtailed in the summer of 1953 because of illness,
Sir Gerard is survived by his widow, Lady Margaret Howe, who was active in the United Nations. World Health Organi- sation as the Maternal and Child Health Adviser until rem cently, and a daughter. 20- year-old Miss Faith Howe, who
keen equestrian is a
sports- woman and well-known in Irish hunting circles.
Outery Of Protest In Court
A large number of farmers from the Mo. Fan Village. Kowloon
Tong, shouted disapproval when
14 of their fellow vegetable farmers were remanded for seven
days by Mr T. Creedon at Kowloon" this morning.
the
The Court pellee quickly cleared them and 11 people.. were subsequently arrested. They will appear before Mr Creedon later today to answer charges of con- tempt of court.
Later,
Emergency Unit and squads of extra police were called to hurry away those villagers who attended the Court and were loitering in the com- pound of Kowloon Magistracy.
The 14 villagers charged were alleged to have, on aslic at the May 21 at Junction of Oxford and Hereford Roads, Kowloon damaged a Топт
fence valued at $23, and forcibly entered the grounds be-
langing to the Hongkong
Home Builders and invest- ment Co., Ltd,
The date for the hearing of the case is July 19.
The
defendants
3re: 27: Kwok
Wonk Hunz, 22: Lo Kang, 38: Lam. 34; Lo Man- 28; Yau Pak-boi, 22; Shing Koop-mul, 39: Wons 45; Lam Wah, 39; Mok Hoi, Lun, 45; Kang Kwang, 32; Cheung Leung, 25: Shing Sung; 44: and Kwaliz run, 29,
Fined $50 For
Loitering
The full Court will convent tomorrow at 10 am
to pay tribute to the late Chief Justice.
Leung Yin-fal, master of Mr Hin-shing Lo, First Magistrate Central, observed two $50 by Mr A. G. Parker at the motor boat Lee Kee, was fired minutes silence in his Court
this morning for the late Sir Marine Court this moming for Gerard Howe,
Joltering in the Naval Anchor- ago.
Intercepted By KMT
"
Nationalists
Incharran Returns
The prosecution said that while patrolling in the Naval Anchorage on May 2, MPC 4933 saw defendant's craft loltering Tear USS No 577 which was moored at buoy 5. Aware 0% the approach of the police launch, defendant made off in an attempt to elude the police but was stopped after a short chase. Leung pleaded he was waiting for an officer on board the American warship for
two minutes after he had discharged some sailors to another warship Hongkong this in the vicinity.. The officer morning from China coast ports. eventually did not want his boat Captain George Angus, and while he was returning to
The 3,539-ton British freighter! Incharan, which was intercept ed by Nationalist guerlig forces off Foochow and taken to White Dog Island early this month, returned to
master, said there was nothing Wanchai he was Intercepted. more to add to what had already
one Leung had
previous been reported.
The Incharran, whose local conviction of a similar offence,
Messrs William- the prosecution pointed out. & Co., was fired upon by Nationalists in two motor junks off. Foochow on the morning of May 4.
Ingbagers · Are
She was boarded and taken to
JURY LISTS
White Dog Island where, she The lists of special jurors and was detained for two days. No common Jurors have beei cargo or personal property was printed, it was announced taken, train the ship, which was the Government"
route to Shanghal from | day.. Foodbow at the
time
en
in
to- Gazette
Coples of the lists may be inspected at the office of the
in their requests (Studio); 739, retail prices. No extra charges in Weather Report: 8. Time Signal. postage,
London Zection Report (London Relay): 8.0 General News (London Relay: 8.15, State of the Parties (London Relay); 8,30. Fred Waring and his Penasa/lvardana Glee Club and Orchestra; // 8:48, State of the Helay): 5 Time Parties (London" Signal. Tur Music Lovers" pre- seated by Alleen Dekker (Studio); 2.50, London Mection. Analysis. (Lod- Bon Beloy) 9.45, State of the Parties (London Relay); 10, Record Roundaboutin 39 Weather Report; 11, Time Big Ride New Red powering, Senhor W. S. Lobato during office hours, and may (London Relay); 11.10. Interlude,
to act as Vice-Consul for be purchased at the Govern- 11.20. Racing, The Orka“ A Bo-
at Hongkong,
Bureau, has remont Publications by Raymond Brazil corded. Comunesty Glendenning. "agstarted by Tom E. ceived Her Majesty's signature, General Post Office building. Webster ** Race Header" on, the
£t... was announced in the The lists will come into force race at Epsom (London Relay); God Save The Queca; 11:40, Clown Down. Government Gazette today.. as from June 11, 1955.
Exclusively at MODE ELITE
22 Queen's Road, Central.
Tel: 24052.
Printed and published by WILLIAM" ALICE GRINHAM for and on behalf of South China Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong,
The Queen's Exequatur, em- | Registrar, Supreme Court,
STARTS INSTANTLY
NEVER
SHEAFFER'S
NOVEL SETTLEMENT IN ASSAULT CASE
Constable's Donation To
Anti-TB Association
The Hongkong Anti-Tuberculosis Association is to benefit by a donation from a traffic constable who admitted assaulting a car driver, it was dis closed at the Victoria District Court this morning
When a claim for damages by the driver against the constable came up before Judge A. D. Scholes, Mr D. F. O. Mayne, Crown counsel, announced that a settlement had been reached and that he had been instructed by the con- stable to apologise to the plaintiff.
Plaintiff was Reginald Ki Ho Seu, of 31 Robinson Road. He was represented by Mr P. A. L Vine, of Messrs Deacons,
Mr
Maym? represented Cham Sang, P. C. 3988, of Eastern Police Station Traffic Branch,
Government
Appointments
The writ alleged that at 1.15 p.m. on May 17, 1855. defendant
Mr J. R. Gregg, QC, Puisne stopped private car No. HK359. drivers by plaintiff at the junc-Judge, has been appointed acting tion of Fleming Road and Her senior Pulsne Judge, it was announced in the Government nessy Road and attempted to
Gazette today pull him bodily from the car.
Crown counsel told HIS Honour this morning that he was instructed to say the parties had arrived at a settlement. His client, he said, bad instructed him to admit on his behalf that he wrongfully assaulted plaintiff and in doing so acted without justification
FULL APOLOGY
"CLICKER"
MEDIUM & FINE BALLPOINTS AVAILABLE
JOHN CLARKE'S
CASEBOOK
Lonely Josh
"
JOSH'S reward for long
years of hard work
and decent living amount to is free to this he has good health, come and go as he pleases, and once a week can draw his old age pen." sion
apart, Otherwise, memories Josh possesses nothing that he cannot carry in the pockets of his old, worn suit, and be has no relations, no friend.
But if loneliness ever afflicts bim, or envy for others whom life bas treated better than it has treated him, Josh keeps the and his trouble to himself, serenity shows in his face.
OUTBÜRST
E other evening, however, Josh's troubles for a short time got on top of him. There was some
provocation, for the time was nearly midnight," and he still had not found a bed to sleep in and Josh is nearer 80 years old than 70.
Other appointments gazetted Messrs Lee Rui-chee, were: Was Pe-wang, and Fung Hon man (assistant Education On- cers) to be Education Officers;
So, as he hobbled along High. Misses M. Hearson (Education Holborn, and saw other people Officer) to be senior Education hurrying on their way to homes Fuller to be Education Officer of Josh let fly with his tongue, Officer (Woman); Miss P. B
and beds they could be certain (Woman); Mr E. Lansdale to be stopping every few yards to Waterworks Inspector. Class 1: about: don't give a—for
and Dr Dr Karam Singh
Paul Huang Wei-yik to be Medical Officers; Mr H. Torrance to be acting serior Surveyor of
Ships: Miss Lau Yuen-chenke to be Education Officer (Woman).
anyone."
ing
זי
A policeman. came up and ondered him to stop his shout- "Where are you making sor?" the policemen asked. Josh named a hostel that was quite close, where he hoped to find a bed.
It was diso announced that Mr B. D. Wilson has erased to be
assistant Secretary for You'd better get along there," an Chinese Affairs, on appointment the policeman said.
the as assistant Secretary of Colonial Secretariat (vice Mr H presently saw Josh go into Lightbody),
"He much regrets any in- convenience caused to plaintin, and I tender on his behalf his full and unqualified apologies," Mr Mayne went on.
He added that he understood the Commissioner of Police had written letter to plaintiff apologising for the incident.
The settlement, he continued, provides for payment of a sur of money to a charity nominated by plaintif
Counsel for plaintif said his client was happy to accept the apologies and to confirm them. pointed Mr E R. Maycock to Plaintif had accepted the offer be an assistant registrar, under Registrar General of a charity donation, by reason the of which the Hongkong And (Establishment) Ordinance,
was announced in the Govern Tuberculosis Association would
nient Gazette today. plea beneft by It
damages. OBSERVED CAREFULLY Mr Vine said he appreciated the Commissioner of Police's act in making prompt enquiries into the matter and his apologies to his client.
te
of
"It is satisfying to know that constitutional safeguards which exist in the British Com- monwealth are so caretully ob- served in this Colony," he added. The action was accordingly withdrawn. No order was made as to costs.
Bond-drawing On June 15
H.E
the Governor has ap-
$5,000 Bail For US Quartermaster
GA
it
Franklin. Edward Soares, 45, quartermaster, of the as Pre- sident Cleveland, was ordered to be transferred to Victoria Dis. trict Court by Mr Hin-shing Lo at Central this morning on a charge of possession of 300 grammes of heroin in Kowloon on May 23.
Mr G. E. S. Stevenson ap- bail on behalf of the
EJECTED
the hostel--and a moment
later saw him firmly ejected, either because there was no TOOM
for some other reason. Josh tried to push his way in again, and set up a
a roaring and ranting that threatened to wake
whole neighbourhood. polletanan arrested him for using
the
insulting words and behaviour.
At Bow Street next morning, and sat
Josh
pleaded not guilty down listen to the evidence, a lean. bent man, whose white. thatch of hair, sideburns and
made mustache.
him look like
Bome Victorian print of a work- ing man.
THE
TEETOTAL
THE policeman, told his story, .
and Josh was invited by the magistrate, Mr Bertram Reece, to ask questions,
never used no bad language, Josh sald
the officer said you did,” said the magistrate,
"Well, I didn't. "Standards vary, of course," said the magistrate, and turned to the officer. "Had he been drinking," he asked,
HE, the Governor, under the Hongkong Dollar Loan Ordin ance, has appointed Wednesday, plied
"I'm a teetotaller," Josh cried. June 15, as the day on which de
Chief Inspector K. D. Bodle "I've no money for drink, and bonds shall be drawn to the value of one twenty-Bfth of the suggested bail should be $5,000 if I did have any I'd not spend amounts issued, it
on three grounds; 1, the seri- | Is that nounced
Government ous nature of the charge, 2, the
the in Gazette today.
was
NANG HAND
defendant had no passport, 3, HE was shown to the witness- The drowing will be held in the defendant had visited the bax, escorted by the gaoler,
the Accountant | Colony on many occasions, who helped the office of
him on the way General, Prince's Building, Ice Mr Lo then allowed bail of with the tenderness a dutiful House. Street, at 2.30 p.m.
$5,000, half cash, half surety. son might show towards a trail
father
SIDE GLANCES
Caạc. 1901 by KEÀ Borden, Inn. T.M. Reg. (L. I. Put CHE
By Galbraith
“Alice's husband must be making scads of money--h had to pay so much income taxes they can't afford a trip out here this year!!
wasn't doing "no more, last night than walking around look. ing for a bed," he said.
"You say you didn't use any of that language, on the high- Way?
"No, I didn't."
Well, you're probably some- times
rather a cantankerous old gentleman," the magistrate said. "But I shall discharge you' absolutely. There will be no. penalty."
He turned to the probation officer "Have a word with him, will you?" he said, and hely him a little on his way."
The probation officer nodded, and slipped off in Josh's wake, to offer, friendship to the old man, who needed that more, per- haps, than all the other things be lacked,
POPROMOTION
Fetty Officer Telegraphist Wu Chi-tuan of the Hongkong Royal-Naval Volunteer Reserve, has been promoted to, Pro- bationary Sub-Beutenant (Sp), It was announced in the“ Gov- emment
Gazette today.
Tenders Sought
An invitation for tenders for the completion of the first stags of reclamation, at Hun Tong Bay, New Kowloon, was published In the Goverment, Gazette, do
The tender la-for the placing at proximately 125 million rubic yards of fillingdal -Kun Too Bay