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CHINA MAIL
MONDAY, JULY 16, 1957.
SHEAFFER'S
Skrip
JUDGE CRITICISES BARRISTER 156 ON ILLEGAL
'Child-Like Performance' FRENCHMAN MADE L'ARC DE TRIOMPHE
May Have
Overtaxed
Magistrate's Patience
THE conduct of a barrister who withdrew from a case and walked out of court twice at the Central Magistracy was criticised as "a childlike performance" by Mr Justice C. W. Rocce in the Appeal Court this morning.
The Judge said that the attitude of Mr Lawrence Leong must have overtaxed the patience of the Magistrate, Mr Simon F. S. Li, "one of the most careful and patient individuals magmable."
Mr Patrick Yu, Couns for the appellant, d'aspeciall himself with the conduct of Mr Leong who had represented his client at
Magistracy. the The
b.fore Mir Appellant Juice Reece was Cilen Kwan yih, 48, managing partner of the Primal Chemical Co., of Room 003, Kwok Man House. He was represented by Mr Yu, Instrueled by Mr D. Chung,
2# en four charges
but it was Mr Leong, he sald in answer to the Judge.
Mr Greenfield said that Stellen 10 deal with a position where a He bubmitted that ine Magis defendant was present at a hear- trate had failed to follow the ing. Section 18 dealt with cases trict mandatory provision: f wiure a defendant was tol pre- Section 18 of
IL the Magistrates sent.
that the provided Magistrale could hear and deter- Ordinance (concerning trim and
suim a case in the absence of a the taking of pitas). For that reason everything wide fol- defendant If he was satisfied that lowes must be a nullity and sufficien; notice had been given therefore the conviction must of the preceedings, be quashed.
UNDER PROTEST
Mr Yu agreed with the Judge that if he was right; there was nothing to prevent the Judge From uniting a new trial. But il material wilness for The
NORWEGIAN SEAL
six Chlen was sentenced to months by Mr Simon Li at Moy of forgery involving a Seal of the boyal Norwegian Consulate, a seal of the Hongkong General Churber cution has left the Colony of Commerce and erificates of "fortunately" er hls ellent, he
told the Court. origin. The case arose out of a contract for Norwegias newa- print which Chien was to have old to Kor-n and i was alieg-d that he bought Chinese news- print end forged various docu-
Pueris.
Mr Yu nid that his appel against this conviction was un phe ground only-that no plea Was taken
by the Magistrale and therefore the proceedings were a mullity.
When Mr Yu referred to the Magistrate's statemcal, the Court observed the "childlike performance of Defence Coun sel and Mr Yu disclaimed any association with it. It was not himself. that represented •he appellant in the lower Court,
Crown Counsel, Mr D. E. Greenfield upheld the Mcgis trute's conviction, subuniting that the Mughtrele hud juis diction.
SUFFICIENT NOTICE
Mr Greenfield submitted that in Chien's case sufficient notice had been given because he and his Counsel were in Court.
Where a defendant appeared undo pretest mnd retused to panticipate in proceedings the magistrats musi proceed as if
he were absent and fullow the provisions of Section 18, Crown Lounsel submitted.
He said that the Mugistrate explained the charges in the regular manner, but Counsel for He said that according to the the defendant refused to let his Magistrate's recorel, Defence Counsel appeared under protest The Magistrate then started to
client participate in the trial.
red would not take part in hear cyidence as if the defen- prozorsings the Arst fler-dunt were absent under Section nech. Thereafter it appeared that 18. the datendant
was present in physical body only, but he had refuted, through his Counsel, to submit himself to the Court and he refuzed to plead or anything, The evidence of a witness was token and defendant's rights were explained to the physical person before the Court, but he look no part.
for that certain feeling
A Dream of a Dress ---
Pure Silk
Fantasy
it's Vicky Vaughn's, Schiffli embroidered organdy. bouffant wrapped to, a tiny waist with delicate tucks, frothed with a big bow sash. th Cohama's imported yard dyed pure silk organdy.
querette
וי
At the next hearing Counsel for the defence deminded that a plea be taken, and the Magis trate quite rightly refused, com- tinued Me Greenheid. The trial had started and he could not go back end start a re-trial because the ease was halt-irled.
NO INJUSTICE
Mr Grecofield said he was not arguing that if the defendant had told the Magistrate that he wanted to plead guilty, the Magistrate could not have taken the usual course, but that was cot done by the defendent,
He submitted that not only was this action of the Magistrate
M. Duchemin's icing sugar replica-China Mail Photo,
The real thing.
BOY WHO.
STOLE FATHER'S
technically correct, but that no PENDANT
injustice had been done.
Greenleld said that since
the possibility of a retrial had
been mentioned, he would in- form the Court that the absence
of Prosecution witnesses would
GAOLED
render such a matter impossible A 16-year-old Chinese boy was this morning sentenced
now.
Mr Yu anid that the Defence to alx months' imprisonment Counsel was appearing under protest in respect of jurisdiction by Mr. Simon F. S. Li at the because of the question of the Central Juvenile Court. defendant's previous acquittal.
This submission was over-ruled
ASSUMPTION
There was
question no
of
The boy in a previous hearing had admitted to the theft of a gold pendant belonging to his Lather,
Counsel refusing to submit; ha The boy had sold the pendant
to a goldsmith to was never given a chance
and spent the inform the Court whether or money. ($78) In Macao.
Section not he would submit.
18 did not apply at all. De- fence Counsel stated "We ap pear under protest. We will not take part in the proceed- Jags," before any pica was taken and not after, and then he was not asked to plead under Section 10,
Mr Justice Reece ruled that
(
15 lbs Of Sugar
& 8 Days' Work by A Staff Reporter
To celebrate Bastille day, A Frenchman in Hongkong set to work with 15 pounds of icing sugar and built a replica of the famous Parisian landmark, L'Arc de Triomphe.
M. Duchemin.
Indecent Assault
A 27-year-old unemployed man, Kam Yip-yau, residing in The boy was Trested on ha hut at Tin Hau Temple return to Hongkong on July 6. East, was remanded seven days His father Anding that the peh-lin gsol, custody by Mr Hin- dant was missing had carlier re-shing Lo at Central Magistracy. ported the loss to the Police,
INCORRIGIBLE
this morning on a charge Įindcorni samuli,
of
Krm was alleged to have. in- deccully assaulted a 10-year-old |
Police station.
The defendant had a previous Thefts From Cars
sun
!
It took him eight days make, but he had the satisfac- tion of seeing it occupying pride of place at
the cocktail party celebrating Bastille Day, given by the French Consul Generat and Madame . Raoul-Duval at the Hongkong Club on Satur day.
It was
also admired by the Governor and Lady Grantham at the reception,
The man who made it is M. Edmende Duchemin, manager of the Hongkong Club,
He copied it from a pleture. STANDARD LAMPS
Under the
arc (sugar) is a spirit lamp, representing the Eternal Flame at the head of the Grave of the Unknown Soldier.
Icing
ENTRY CHARGES
A total of 156 people in 11 separate cases were brought before Mr.Hin-shing Lo at Central Magistracy this morning.
Some were charged with illegal entry into the Colony and some with aiding and abetting.
The defendants all were intercopted-by-Police on board junks sailing in Tocaf waters within the last three days were cautioned and ordered to be expelled.
NUDE MAN SEEN ON BEACH
Residents have com- plained to the Police that a man has been seen walking around one of the New Terri- tories benches in the nude.
man
Residents have told Police that a European has been seen getting off a boat and taking off his shorts and then walking along the beach.
As a result of these complaints, Police are understood to be mak ing inquiries. They re-
make fused to comment this morning.
any
Blackwood
Said To Be
Still Here
WEEKEND TRAFFIC ACCIDENTS
Seven traile accidents were tepotted to Police over the weekend. Seven people. In- cluding four boys, were injured.
Three accidents occurred in truck Hongkong. A military collided with a private car and tro molor cycles knocked down near Tai a boy and a woman Tam Polleo. Station, in Wanchal and Shaukiwen respectively.
In Kowloon, a motor cycle knocked down o 14-year-ol buy
In Anchor Street near Kramer Street. Two private
eats were involved in two other traffic accidents in which ung boy and a cyclist were injured, A 10-year-old boy was injured In another mishop Involving a bleycle in Laichikol Rond
All seven Injured › were admitted to hospital.
SHOES STOLEN FROM CAR
Driver Asleep
For stealing a pair of shoes from a private car, Li Shung, 29, unemployed, was sentenced to five months by Mr T. L. Yang at. Kowloon this morning.
Defendant was stopped on the morning of July 5, wijh a Parcel. Upon questioning, he admitted having stolen the shoes Mr Donald Jackson Black; from car No. AA432. In Kow- wood, the American who visited loon white the driver was asleep Communist China with his wife in the car.
and child "out of curiosity" in April this year and who was the Chinese U- expelled by thorities, and returned to Hong- kong last Friday, is still in Hongkong.
But their new address is not known.
An
Three Men Discharged
Amorlean Consulate celal said this morning the Blackwoods had not yet left with robbery, Hongkong. The visa for his Korean wife would take some time to be issued, depending on medical examination.
Three Chinese that
The offictai saki that if every. thing was all right medically, the Visa would have been granted within a week or two.
Otherwise, he added, the would have to wait for a clean bill of health,
men, charged were discharged tais norning by Mr Hin-shing Lo at Central Magistracy when tho Prosecution offered evidence against them..
*
The accused are To Kwal, 21; Young Chi-keung alias Yeung Keung or Yeung Chot, 24; and N. Yum, 29.
They were alleged to have robbed a chinese woman
Uf 5202 and valuables on May 10 on board a junk in Yaumati.
Second accused was represent-
Mr Blackwood, being an American citizen is an allen in } ed by Mr F. X, d'Almada, sugar sladard lamps Hongkong. He was due to re- ring the sugar model and a bat-port the change of his hotel took place last tery underneath lights the flash- address which light bulbs fitted in them.
Friday, to the Immigration M. Duchema took right days Office this morning, to finish la model.
Two factors determined the size (about two feet sqquare)--it had to be small enough to go through the door of the second foor reception room, and It had to it to the biggest plate avall- uble.
PAINTED MOSAICS
Then M. Duchemin had to
gave
Qur
а
"The "mosales terrible headache because they are very difficult to copy from a photograph. They are however exact, even to La Marseillaise, co the sides of the actual are," M. Duchemin sald.
The Magistrate told the Court on June 12 at Chol Sal Wu, paint the designs co the side of Section 18 did not apply because that judging from a medical re-Ming Yuen Hul. He was arrest the Are with a tin of children's it was agreed that the defendant port of the boy's health and aed by the Police the tollowing paints. The rettet facades hu was physically present. Seelion letter from the Training Centre, day of the alleged offence, and nodelled by hand using damp 19 wan the only one which the defendant would be "beter
girl in the sugar lika day. applied.
committed to a prison where he identified by the The Magistrate said he would be treated as a young Defendant pleaded not guilty. "assumed" that the plea was co prisoner, as the training Centre He was allowed $500 bail, of Not Guilty and proceeded to has not the facilities to treat his hear evidence. Clearly he had condition. not asked the defendent. The proceedings WLTO therefore A rullity.
simler conviction. A Pro-
basket A wireless nerļa), a Quishing the conviction and bationary Officer also stated that
On Saturday night the replen sentence, Mr Justice Reece said the boy was incorrigible while containing
Biteses and was taken to a private party it was a must unfortunate pasienter his supervision, though he bathing costumes and a handbag given by a noted French resident
were stolen where it was widely admired. Lon "possibly brought ca by the win of normal intelligence and containing monzy attitude of Counsel for the do- mentality.
from thrie cary parked In Statue M. Duchemy who dulled fendant at the proceedings."
Square car park, Roxy Theatre cuisine at a school and severni The boy's father wait his son car park and Stanley, Police prominent hotels in France, was
sent for Ireported today.
year to the Savoy was difficult to control.
Hotel, London, and then Germany before returning to take up top posla in France before the war.
NOT THE FIRST ;
During the war he served In the French Army as a cook,
M: Ducheinin has been a chet
MOST CAREFUL
"This particular Magistrale is one of the most careful and patient individuais Imagineble and his patience must have been overtaxed by the conduct of Defence Counsel and in his anxiety to get the evidence of that witness who was leaving
HEADMASTER'S ADVICE
TO GRADUATES
the Colony he did not take the The Kwong Tai Middle School "All training whether intellce-premier since the riddle 1990s.
plea," said the Judge.
Ho called this attitude of the Defence Counsel that "ofan "obstructionist "from" start to finish,"
ett:emony
hoich this morning" "ot the MacPherson Stadium. It was aftcoded by a large gathering ...of studeals sad parents. 12. The Judge ordered a re-trial Dr. Wai-hon Tam, Supervisor
asked for by Crown Counsel and Principal of the School -
tual
A
Dr (physical is only But the Arc de Triomphe is mans to an end," he said. He not his first attempt at ariistry advised, graduates to cultivate in icing sugar. ' a 'charming personality and not to be antisled with shallow gearning.
„Prifted and published” by PETER · PLUMILY · LOC and [on] who paid - they might have a inid graduates the ultimate aimTwenty senior, 32 junior and 70. behalf of South China Morning Post Limited at 1-3 Wyndham chance to get the winess back, of education was the "iighest primary graduates received Bireet, City of Victoria in the Colony of Hongkong,
from abrońd. -
good,#
their diplomas,
In Saigon (he was there from 1951 to 1954) he made the Effet Tower in Icing sugur for one Bastille Day:
And next year? Well, L moy try to make, the Notre Dame, We'll too, M. Duchemin added.
|
A spokesman of the Immigra- tlon Office said this morning, that Mr Blackwood was due to report but he refused to say whether he had already done so at 11 a.m. today..
SIDE GLANCES
Hut Robbed
Five Chinese, one armed with a dogger, brojce into an un- numbered hut in Pak Tong Shan- near the Lion Hill in Kowloon City in the early hours of Satur- day morning. Occupants of the hut were robbed of money and spare parts of a sewing machine.
By Galbraith
"I didn't realise how we've been neg
-mariners, fill, wo start eätin