Monday,
HONGKONG TELEGRAPH
INDIAN CONSTABLE'S APPEAL DISMISSED
Chief Justice And Moving Appeal By Counsel
AN APPEAL against sentence of four months' hard labour imposed on him by Mr. T. J. Houston on a charge of malicious wounding was brought by Banta Singh, Indian Constable B97, before the Chief Justice, Sir Atholl Mac Gregor this morning.
The appeal was dismissed. It was stated at the Magistracy that the appellant attacked Tang Yung, Chinese constable C407, with a trun- cheon because he turned up a few from minutes late to relieve him duty,
Mr. Xin-shing Lo, instrueled by Mr. J. M. Hall, represented the up pellant, and Mr. J. B. Prentis, Assis- Crown Solicitor, was for the re- Lant spondent, Inspector A. V. Baker,
Mr. Lo sald that the notice of ap- peal ngainst sentence was filed by his ellent on his own Initiative and without any legal assistance, but lie would like to formally apply for leave to appeal against conviction as well. He confessed he had no nu- thoritica in support of the application, but expressed the hope that His Lordship would exercise his inherent jurisdiction and dispense with the question of me mit stipulated in the Magistrates' Ordinance of 1935.
STARTLING PROPOSITION His Lordship remarked that he had
not try draw his revolver and as you are appealing against sentence only you must accept that finding,
Mr. Lo then turned to another line of.argument and said that his client had been in the force for three years and had borne a fairly good record. There had not been any ill-feeling between the complainant and the ap- pellant and the attack was only an outcome of bad temper.
This was hte appellant's first
offence, and the conviction of a constable, especially an Indian, had serious consequences because even if he were imprisoned for only a day, his career as a police officer soldier was out of the question.
or a
offenec
"I am also instructed," said Coun- sel, to say that it an Indian con- stable in convicted of any and sent back to India he will be looked upon in his own village as a trouble-maker in every way. Whenever there is trouble in his village, the elders will get hold of him Orst"
RUMANIAN WAR DEBT
To Start Parleys For Settlement
BUCHAREST, Apr. 30, The Rumanian Government has informed the American Minister, Mr. Franklin Gunther, that it proposes immediate negotiations for a definite nuttle- ment of Rumanian governmentat and private debts to the United States-United Press,
Nothing Definito
Washington, Apr. 30. The Secretary of State, Mr. Cordell Huil reveals that he had received Indications of renewed Rumanian interest in working out a settlement of Rumania's $05,000,000 war debt.
However, he said he has received no definite proposals United Press.
French Plane May
Call At H.K.
PARIS, Apr. 30.-M. Gilbert Den- nis, well-known French aviator, left Parls in his Coldron Simone plane at 6 am on Saturday afternoon en a record-breaking fight from Paris to Saigon.
The plane arrived at Athens at 4.25 a.m. and after refuelling, the French flier left for Bagdad at 6.50 a.m.
After arriving Salgon, the French flier will continue his flight to Tokyo via. Hongkong or Shanghai.- Domel.
at
Rumania's Grand Council To Meet
May 1, 1939. dry, fenteaza Cost)
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Speckal radiom treatment at a hospital In New Rochelle, N. Y appears të te beuting death that seemed inevitable for Bute Harold, flok, 21 years old," iímour patient, of Pittsburgh, Pa. Hars he is with his nurte. He want by plane to the hos pital.
German Consul And Governor
Exchange
Toasts
ANGLO-GERMAN RELATIONS IN COLONY PRAISED
"SINCE I spoke to you a year ago, many things have been settled in Germany without recourse to war," said the German Consul-General, Herr H. Gipperich, at a. reception at the German Club this morning in honour of the German National Day.
"Not a single bomb has been dropped from an aeroplane, no big guns have been fired, and not a single cottage has been burnt.'
His Lordship: That's too bad! Mr. Lo: Yes, but in view of this no such jurisdiction but even find the fact that there had been no had and Invoked it, it would be a would
-feelings between him and the com- startling proposition for It mean Interfering with magisterial plainant I urge your Lordship to ex-
The creise your prerogative for mercy. Colony, The proceedings
Uve
"Have'nt Got Any" Ordinance specifically
gave the right
His Lordship: I haven't got any. to appeal wit in a certain period, and if Mr. Lo's point were conceded the This moving appeal would be proper be if you address it to the Magistrate question of time limit would meaningless and any person could but my power here has been defined come and ask the Court to exer- in a number of cases and I am wait- make the only possible clae its inherent powers to laterfere. Ing for you
There were 230 members of leader of the Nazi party lu Hong- kong, Herr O. May. Several of the Mr. Lo then
his argu- ground upon which I con possibly confined
the German colony present. guests gave the Nazi salute on enter ments against sentence only, and said intervene that the Magistrate has
His Excellency the Governor, ing the room. There were no Ger- Magistrate must have proceeded on some wrong principle accepted complainant's story of him or that the sentence is so manifestly The Grand Council of the Front of Sir Geoffry Northcote, accom- man Jews or former Czech subjects having been struck and stamped on excessivo ar to offend natural justice. National Hebirth, which in Rumania panied by his A.D.C. Captain present.
Mr. Lo: The
of having plays the role of Parliament, has story In its entirety, otherwise he would
a severe strucke the complainant in self de been called together for May 0. not have imposed such penalty. The complainant had also fence is rather human but it was un-treated by the Magistrate as o tissue stated that the assault was provoked and that his ankle was in- of lies, so the appellant has lost bers-Trant-Ocean, jured as the result of having been everything. I can't argue that the stamped on while lying on the Magistrate was wrong, but I do wish around, but the medical evidence to emphasise that the conviction of Indian constable entails very pointed clearly that it was unlikely on that such an injury could have been serious
As English consequences. caused by stamping. It might have law is merelful I ask your Lordship been due to complainant falling to reduce the sentence. down.
that the
Without calling upon Mr. Prentis
His Lordship pointed out that the to reply, His Lordship dismissed offence against the appellant was no the appeal, saying: As the result assault but malicioua wounding of an unprovoked attack by the ap which carried with it a maximum peltant, the Chinese constable sus- sentence of three years.
tained an open bleeding wound on
mit
COUNSEL'S SUBMISSION the head as well as a broken ankle, Mr. Lo agreed and went on to sub- and the offence is therefore a serious of ad that this cllent's story
onc. The Magistrate, however, after) al-
having acted In
though it had been
acterised by/" very patient' and careful hearing,
the Magistrate as a tissue of lies,sac sentence of four months' hard
was mora human than what the com-
labour.
-have-listened to Mr. Lu's argu- plainant had said. Further, there ments and however attractive some Wan the reason of complainant of them may have been if addressed having turned up late to relieve the appellant,
to the proper quarter, they are en- His Lordshin: Are you seriously irely out of the question here, for suggesting that the fuct someone. Is the anly ground which the Criminal
late for an appointment is provoca tion in low?
Appeal of England has laid down for ali time upon which a
sentence can be reduced that it must either Mr. Lo: No, but I do ask your
manifestly excessive Lordship to infer from the evidence be wrong or so
as to offend natural justice. This that there must have been on EX-
principle has been followed in at change
of abuses between the two. The complainant must have used least three cases before the Full
Court of
of this Colony and it is my abusive words instead of excusing bounder duty to equally apply thut. I am sitting as judge in an appellate tribunal and have no prerogative for mercy as Mr. Lo has suggested.
sake
himself for being late.
His Lordship: Supposing, for the of argument, that abusive words were in fact exchanged, could you give any authority that this could possibly amount in law to justify the use of such a weapon as A trunchen?
"In view of the gravity the offence, the entirely unprovoked the seriousness of the nature and assault, I am quite unable to hold the that the sentence as excessive or Magistrate, in assessing the sentence, did not clearly proceed on the proper The appeal is therefore Magistrate principle. found as a fact that complainant did dismissed."
Mr. Lo: No, but there was that bit of evidence that complainant tried to draw his revolver.
His Lordship: The
Bucharest, Apr. 30.
The Council consists of 150 mem-
Battye-Smith attended.
CONSUL'S TOAST
The guests were received by the Consul and Mrs. Gipperich and the
Recent State visit of President and Mrs. Lebrun of France to London was to repay visit of King George and Queen Elizabeth to Frunce. Here, Mme. Lebrun, left, waves a greeting to cheer- ing crowds as she rides with Queen Elizabeth in the procession from Victoria Stution to Buckingham Palace,
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welcoming the guests and After thanking them for their courtesy in attending. Herr Gipperich sold the German Reich had taken a long time to recover from the devastation of the Great War.
"I think the personal relations between the Germans and British 'n Hongkong are the friendilest," he said.
"In spite of all the possiblities of war, the work of the armament makers, I still belleve it is possible. for there to be an understanding between the British Empire and the German Reich.
He pointed out that National Day in Germany was a public holiday for all workers. There had been great strides under the leadership of Herr Hiller.
"I am glad to say that the scourge of unemployment has disappeared, and, in fact, there is now a deficiency of skilled labour," he said.
In spite of all-the-talk of war-in the world, he still believed in the possibility of an understanding be- tween Germany and England, and looked to the friendly relations between the two countries in Hong- kong as a pointer to that end.
The speaker then proposed the toast of His Majesty King George,
GOVERNOR'S REPLY
In reply the Governor suid:
"I have no hesitation in saying that every person in this room beard with sincere happiness Herr Gip- perich's kindly graceful welcome of us, his guests, to this celebration of Germany's National Day: we feel, what he has so well expressed, that this pleasant gathering stands for something much more real and deep- serted than mere formality."
"So far as Hongkong goes, it signi Aes the happy relations which exist here between the German residents in the Colony and the. British com→ munity a state of affairs which is due in no small part to the invariable courtesy and friendliness shown to us by our kind host and his charm- ing wife, Frau Gipperich; but I hope and I believe that it may be taken to refleet something wider than just a local amity.
"The Consul General has stated his conviction that "Arm friendship and the German co-operation between Retch and the British Empire is pos sible and desirable and worthy of the best efforts of the best men on both edes." In expressing my own udherence to that belief I use his very words because I can find none better. I trust sincerely that our bellef will soon be justled in fact: and my hope is the stronger becaure I am sure that deep in the hearts are not of both our people there only a love of peace and a hatred of war bat also a genuine desire for mutual friendship."
Martial Law
In Swatow
TOKYO, May 1. IN PRECAUTION against a pos sible surprise landing by Japanese troops, the Chinese military authorl- ties at Swatow proclaimed martial law on Saturday, advising citizens zones, a to take refuge in safety Press message from the South China: front indicates.-Domel.
MILAN, Apr. 30-Three hundred Italian familles, with over 1,400 mem2* bera, returned to Italy to-day from Franco-Trans-Ocean:"i
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