TWO APPEALS UPHELD BY CHIEF JUSTICE Cash Sweep Ticket Case And Bribery Charge
Two appeals, one connected with a winning cash_sweep ticket and the other concerning an Indian constable charged with bribery, were heard by the Chlef Justice, Sir Atholl Mac- Gregor, in the Supreme Court this morning. Both were allowed.
The first was brought by Yue Al-j Mr. Lee said Mr. Kwan did put in kiu, amal, against a fine of $25 im-on objection to the amendment, posed on her by Mr. Q.A.A. Mac- though he did not actually apply for fadyen on a charge of fraudulent the witnesses for the prosecution to conversion of $160 alleged to be the be recalled,
Complicated Story
re-
the
property of another amoh, Li Ah- 1 Lordship: It does seen to me yee. The money was part of the big that the Magistrate, having amended Kwangtung handicap prize won by a the charge, has allowed his mind syndiente of 15 amaha last year. unconsciously to be influenced by the Mr. 11. W. Lee, instructed by Mr. evidence which he has already heard II. L. Kwan, represented appellant. In respect of the original
On charge. Mr. E. H. Willams, Crown Counsel, the other hand, there is nothing what- was for the Crown,
ever to suggest either the Magistrate. In the circumstances, had wrongfully Mr. Lce said that out of an exceed-exercised the powers conferred on Ingly rare though simple process of him or that having been asked to drawing a winner in the cash sweeps recall the prosecution witnesses for came a story of a somewhat com-urther cross-examination, had pileated nature. The point at lave, fused to do so. he sald,
Mr. Lee: was whether the ticket in
We did not,
in fact, question was sole property of the make such an application.
the
Allowing the appeal, His Lordship appellant or whether the respondent {
said the trouble began when had half a share of it.
Appellant was originally charged Magistrate altered the charge with- with fraudulent conversion of $1,500 out fully appreciating the effect such which was the full amount of the an amendment would bring. The share. The Magistrate; after hearing appellant clearly had a bona fide the evidence for the prosecution, claim of right to at least half a share, decided that the testimony given and it had not been suggested that could not possibly support the charge after the land obtained the money she as it then stood, and proceeded to intended to convert it fraudulently.
Bribery Conviction amend it to fraudulent conversion of! $750. On this amended dirge, hei Sentence to three months' hord registered a conviction und fined up- labour by Air. T. J. Houston on a pellant $25.
fros Continuing, Mr. Lee said his sub-charge of obtaining a bribe of twn an ice-cream hawker missing would be that the evidence through another person. Pulice con- which the respondent gave was 50 stulite Mohammed Ajaib successfully unsatisfactory and bristling with dis-brought an appeal against his con- crepancies that the conviction could viction. not possibly have been based upon The Hon. Mr. Leo D'Almada, Jnr.. 11. On the other hand, the evidence who appeared for Ajuib on the in- which the appellant gave was simple structions of Mr. M. A. da Silva, said and direct and must carry weight that the original ground for appeal and complete credibility.
was sufficient evidence. and asked leave to
charge Was bud fu
Appellant's Story
the
Quashed
Alle another ground
και
The facts as given by the appellant] that were that prior to leaving Hongkong uncer
uncertainty. The charge made no in September last with her employer, reference to whether the bribe was she gave $10 to the respondent with for the constable himself or for any the request that she should purchase other person, and the fact that this sweep Uckets with the money. Upon was omitted, rendered it bad for her return, she was duly given uncertainty he saki. Nothing could certain number of receipts, amongst be more important than that an which was the winning number.
the exnel On the night after the rave, the
was faced. respondent approached the appellatarne with which he and informed her that one of the whole of the offence in this case bad not been set out with sufficient
accused
should
know
was not one of substance. Further,
t
Thursday,
AMERICA WARNS
HONGKONG TELEGRAPH ' April 18, 1940.
FROM PAGE ONE
United States, depend substantially on them for some of the commodities, Projudicial To Peace "Intervention In the domestic affairs of the Netherlands Indies or any alteration in their status quo by ether than penceful processes would bo prejudicial to the cause of stabi- lity, peace and security, not only of the Netherlands Indies but the entire Pacife area.
and
This conclusion is based on the doctrine which has a universal ap- plication, and for which the United which is embodied in the notes ex- States unequivocally stands
changed on November 30, 1908, be tween the United
in and Japan, which each of their governments stated its policy was directed towards the maintenance of the status quo of that region of the Pacific Ocean.
to
on
*** NORWAY CUT IN TWO
PRAY FOR PEACE]
POPE APPEALS
SPECIAL TO THE "TELEGRAPH"
VATICAN CITY, Apr. 17 (UP)—His Holiness the Pope has forwarded a letter to the Papal Secretary of State, requesting world- wide prayers for peace in view of the threat of war now menacing neutral Powers.
"Now that the situation is worsening and this ter rible war has broken out, bringing with it untold harm and suffering, I ask the whole world to pray for pence," the Pope's letter says.
FROM PAGE ONE
violent Oghting is now in progress north of Kongsvinger, according to Stockholm-Radio,
The Norwegians are reported to be falling back.
The Norwegian High Commund ¡issued a communique nt 7 p.m., slat- Ing that heavy fighting was in pro- gress on all fronts in central and north-eastern Norway.
The communique admits that the Germans have advanced at several polnis, but are meeting with ferce resistance.
"One hundred and fifty Germans have been taken prisoner," the com- munique adds.
Norwegians Fight Bravery
OPECIAL TO THE “TELEGRAPH" BERLIN, April 10 (UP). The DND official communique to-day admits that the Norwegiansore "putting up a brave realalance" in ************the area between Kongsvinger and DRAMATIC
RESCUES NEAR H.K.
"It is reaffirmed in notes which the United States, the British Em- | ******* pire, France and Japan, as parties Treaty, signed in Washington 13, 1921 relating to December their insular possessions. "These notes were sent to the i at the ruary 4, 1922, when each governments declared. 'It is firmly resolved to respect the rights of the Netherlands with relation to their
Netherlands Government on Fels- Continued From Page 1
In
Jevmaker.
"The Norwegians are taking every advantage of the rocky terrain," the German report states.
the
"Despite the difficult terrain, advance into the interior from Trond- heim is progressing?"
Nazi Difficulties LONDON, Apr, 18 (Reuter).-An article by the military correspondent of the "Dally Telegraph" entilled "Nazl DiMculties in Norway," states: "At Narvik the best they can hope for is to react
reach
the Swedish border and internment."
In the Oslo urea, the German
taken off, lacluding the Captain's insulor possessions in the region of
wife, all goi a ducking in the sea. "The
next morning Wo were the Pacific Ocean.
horrified to find that the sea near the "All peaceful nations. recent ship was full of sharks and I saw a
urging large octopus," one offleer unid. years have been carnestly that policies of force be abandoned "It was a miracle that none of the and that pence be maintained on the people, taken off by breeches buoy The article goes on to show that the basis of fundamental principles, was touched by the sharks," he forces at Trondheim and Bergen can among whi
which are respect by every added.
expect little help from the sea and nation
for the rights of other nations The Talkoo tug which
Kent WHE
Jess from the minin force at Hamar assist and non-intervention in their do- from Hongkong" to
in the land Elverum, mestic affairs, the according of equal- salvage operations also brought a ity and fair and just treatment as number of those on board the Pro-operations appear to consolidate their well as the faithful observance of duce back to Hongkong. It is under- hold on this area.
stood that the sea was too heavy to treaty pledges."
"It is a constant hope of the permit the tug to attempt salvage. Government of the United States The Norwegian emcers said they na it is, no doubt, of all peaceful saw no sign of any Japanese on the Inclined Governments that the atti-Paracels, although the Jupanese tudes and polleles of all Govern-elnim to have annexed the islands, ciples and that these principles will south-east of be applied not only to every part of the Pacific area but also to every part of the world."
ments will be based on these prin- which are uppkon 900 miles
Dutch Reaction
SPECIAL TO THE "TELEGRAPH"
WASHINGTON, Apr. 17 (UP), The Dutch Minister to the United States, Mr. Leudon, following a con- ference with Mr. Sumner Welles. sald: "I am in a position to state that the Netherlands will not admit any preventive protection from any part of the country whatever, fram whatever side of the country it may be proposed."
Hint To Japan SPECIAL TO THE TELEGRAPH" PARIS, Apr. 17 (UP)-"It must be apparent to Tokyo that the Allies
could
no more tolerate Japanese
tickets had won the prize but that the degree of clarity. name on the receipt had to be Mr. Williams replied that in n changed. As a resalt, the appellant handed the whole bunch of receipts sharge like this such an omission 1800PN, WAs innmaterial because the defect to the respondent who later went to the house of one Wong Ah-chat from its was clear from the evidence given whom the uppellant
subsequently re-
what was the nature of the charge. ceived buck the winning receipt.
On the following
Is Lordship held in favour of Mr. division of the prize took place at the long-Williams, saying that anyone read-French protectorate of the Dutch kong and Shanghai Bank. The ap- Ing the charge could have no doubts pellant received her share of $1,500 in their minds as to the nature of it. upon presenting her receipt, and in the evening the respondent saw dur and then claimed half a share of the
prize.
This
was
the
day
the
the
time first of such
Insufficient Evidence
elent evidence. wall was scen
The Produce was not carrying any cargo and was in ballast. The Hung- kong agent for
13 the vessel
Mr. Karsten Larssen. Built in 1905 by the Nylands firm in Vneriested, the Produce Produce is owned by the D/S A/S und, Norway. She is wellknown in uce and is registered at Hauge- tongkong calling here regularly on her costal trade.
NORWEGIAN SHIP HELD
***>> FROM PAGE ONE
Norwegian ships detained in Hong-
kong.
Northern Telegraph Company's two cableships, the 1,570-ton Pacific and the 1,460-ton Store Nordiske,
No decision regarding Danish and Norwegian shipping has been nounced by the British Government as yet.
New Danish arrivals are the Great
ACCIDENT IN THE CITY
Even if our naval aetion and mine- fields have not completely interrupted the German communications, the losses experienced in landing must be a warning that communications will always be precarious.
FORECASTS INVASION OF SWEDEN
FROM PAGE ONE
Sweden to communicate with the Allies. Somo circles point out that the speculation on Soviet positive nove- ments in the northern Finnish-Soviet border has greatly decreased. They consider that the Soviet may desire only to increase peaceful trade with Sweden.
It is believed that Sweden will now abandon her former weak alillude toward Germany and will adopt strong measures lo protect her neutrality and prevent the war from spreading into her territory. Restricted Leave For Army
In Holland AMSTERDAM; Apr. 17, (Router), an-Re-introduction of extraordinary leave for the Army has marked a slight alleviation of the tension in which Holland has been living in the past week, but tightening-up of the home front was given new impetus by the continued revelations how treachery had helped the Germans to capture Oslo.
A crowd colected outside the Blue
Internal Precautions
The Press is repeating that such
occupation of Sumatra, Java, Borneo, or New Guinea than Japan could tolerate an American, British, or Empire," said a spokesman to-day.
He said the location of the Dutch indies, south of the Philippines, led Mr. D'Almada then continued his the French to believe that the United arguments on the ground of insuff-States was prepared to make an issue
the evid- [of Japanese occupation.
Meanwhile, it is understood France the ence. he said the appellant heard
thing by Sat. MeVey speaking in Water is willing to sign a trade modus Quarrel ensued and some days later Street to one Li Chung, who find vivendi on an annual instead of a made a repert to the previously spoken to every hawker monthly basis and sign a silver agree. respondent Police and had the appellant arrested, he came to. L was later seen apment, if Japan will permit the exten-ird Cafe, Queen's Road Central en-
The evidence of the respondent, pronching an ice-cream hawker and sion of the Allied blockade into trance, shortly before 1pm to-day methods will not succeed in Holland, continued Mr. Lee, din
passed between their Japanese waters in order to cut off to see a pale-looking and thin young while the Police are overhauling the _differed from this something?
United Stater shipments to-Vindivos-Chinese boy-lying-on-the-pavement system of checking up all foreigners. story upon a number of points. The bands.
with blood co Cansel submitted there was not leck.
oozing from his nose. first was in connection with the num-
Apparently the lad slipped while and hotels, and special attention will
A
special wa
watch is kept on cafes American Concern ber of tickets bought, the respondent a single word in the evidence which
walking, because the newly cemented WASHINGTON, Apr. 17 (Reuter), at first that she had purchased could assist in making out a case suying
be paid to gatherings which Nazis four but later changed the figure to against the appellant, even assuming-Concern over what might happen pavement was dump. He was taken hope to hold at the week-end to ele
care of by three Indian constables three. Upon cross-examination, the, that he was a most unsatisfactory to the Dutch East Indies if Holland
brate Hitler's birthday, who applied first-aid treatment and respondent tried to show that the witness and that he was not on his were forced into war has been ex-
sent hlin to hospital, appellant knew all alory that the proper beat at the time. The evid-pressed by several newspapers here. winning ticket was not bought with ence amounted to nothing more than The Washington Post" calls the "Any change in the status quo of the lier money. This, in fact, was Bot grave suspicion,
statement made by Mr. Hachiro Arita, Netherlands Indies would directly the case, for it was common ground Mr. Williams argued that, from the Japanese Foreign Minister, u that the appellant did give the re- the fact that the appellant was not unilateral declaration of expansionist affect the interests of many countries. The Netherlands Indies are very spondent $10 to buy sweep tickets. "
on his eat and that he was policy. The respondent also said that she only a yards behind when The paper warns the United States important in the international rein- had never seen a list of the numbers comething passed between Li, and of the danger to their supplies of ionships in the whole of the Pacifie held by the syndicate, but her evid- the ice-cream hawker, it was a fair rubber and thu if the islands were ence on this point was contradicted Inference that he was asking Li to occupied by a nation' with military by her own principal witness, who obtain money from hawkers.
And economic policies like those of operate the syndiente and who said
Japan.
she gave her no less than three llais Further, the appellant had in her possession one of these lists and this. shower she must have an interest
in the tickets.
Accepted Assurances
His Lordship: Isn't it a fair in-
ference, too, that he was keeping Li doubtful if the United States could The Times Herald" says it is under observation?
defend the Islands against a dc- Determined Japanese grabbing expedi
"We could not defend the
copra.
Many
A Rotterdam Court to-day passed sentence of Ave years on a German- born Dulchman, convicted of sending to Germany information about troop movements and shipping,
SCHARNHORST DAMAGED
Ocean. They are also an important factor in the commerce of the whole They produce considerable
RUNS ASHORE worki. portions of the world's supplies and
AT TRONDHEIM such as rubber, tiu, quinine and important and essential commodities
FROM PAGE ONE countries, including the United States, depend substantially Fleet, namely, to occupy the harbour
landing there of special troops." Two Important Agreements The DNB report does not state Mr. Cordelt Hull sold that he based | what has happened to the Nuzl troops his statement two important who were landed at Narvik. But New York Opinion
agreements, one of which was con-neutral reports from Sweden suggest "New York Daily News," in
NEW YORK, Apr. 17 (UP)-The tained in the Notes exchanged on that they are now isolated and may its November 30, 1908. between the soon have to cross Into Swedish editorial to-day states, "It is doubtful | United States and Jupon in which territory." If we could defend the Dutch East | each of the two governments stated
Another point concerned the dis- | consistent equali: This conduct is lippines and the Indies are further on them for some of the commod-of Narvik and to make possible the
HWBY.
If the Dutch cannot hold the Islands and the British cannot defend them we had better not try." conclud-
the paper.
Mr. Williams: if that was would have expected him to say 50 tion. when he gave
evidence, but he didn't. His Lordship:
with
gull as with tribution of money at the Bank. The innocence, I am bound to draw the respondent, though alleging that the conclusion of Innocence. appellant hud stolen the ticket from His Lordship then allowed the ap- her by means of a trick, did nothingį peal, saying there was an entice about it but was perfectly content absence of any evidence that the ap- to accept some assurance that the pellant had instigated the offence. money would be handed to her later.
She was in the Bank at the time
ties."
but she took not a single step to MAN KIDNAPPED Indies from a determined Japanese that its polley was directed to the
Lee commented.
IN SHANGHAI
Prominent Chinese Banker
maintenance of the existing status
grabbing expedition."
"Our proper
concern regarding quo in the region of the Pacifle Holland's Empire is solely what Ocean. happens to the Dutch West Indies if The other was
contained in the Holland's sovereignty dissolves in this Notes which the United States, the war,
British Empire, France and Japon "We should keep them for the dure-had sent to the Netherlands Govern- tion of any eclipse the Dutch mayment on February 3, 1022. Each of Ruffer.
the four governments had declared "That is how the Monroe Doctrine that "it was firmly resolved to re- is intended to operate."
spect the rights of the Netherlands in relation to their insular possessions,” Rospect For Rights
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prevent what must appeared to be bech It would have open robbery. the easiest thing in the world to obtain the assistance of the Police to restrain the appellant from getting away with the prize, yet the re- spondent did nothing of the sort.
"Fortunate ja the man who has)
SHANGHAI, Apr. 18, (Reuter). never heard of two ammahs disagreeing Cheng Yin-ping, 50, a wealthy banker over 50
50 cents, let alone $1,500," Mr. and director of the Foolang Native Bank, was kidnapped by four men Counset
Anally
submitted that the
Text Of Statement respondent's undertain and inconsist-Yesterday while chatting with friends
Hin a ten-shop in the centre
WASHINGTON, Apr. 18 (Reuter) of the ent assertion- ownership-first soy-
Mr. Cordell Hull concluded: "All Ing that the appellant had half a Chinese amusement district in the The United States has culled on
International Settlement,
other nations, particularly Japan, to peaceful nations during recent years share and later claiming herself as
The tour
men, armed with pistals, respect the status quo of the Nether-have been carnestly urging that poli- the sole owner showed that her intimidated the ten-shop customers, lands Indies regardless of what hap-cies of force be abandoned and that evidence could not be relied upon. handcuffed the bonker and led him pens to the Netherlands.
on a basis of would have been better if the Magis into a motor car.
His Lordship commented that it into the street where he was pushed of State, in a formal statement last are the respect of every antion for Department Stores, or direct from
Mr. Cordell Hull, the US, Secretary fundamental principles. Among them
trate, after amending the charge, find The motive is belleved to be ran- night, said: "Intervention in the the right of other nations and non- recalled the witnesses for the prose som an Cheng is not active in politicut domestle affairs of the Netherlands intervention in their domestic affairs, cution for further cross-examination. affair.
It did not appear that the defenco had been given such an opportunity to do
50.
Counsel's "Surprise"
Mr. Williams sold he was also sar- prised at that, but pointed out that the defence had not raised the
point.
His Lordship: It is an important point for, in amending the charge to
Yugo-Slavia Deports
German Nationals
SPECIAL TO THE "TELEGRAPH"
peace be nolritained
Indies or any alteration of their according of equality, of fair and just status quo by ollier than pencetul treatinent and faithful, observance of processes would be prejudicial to the treaty pledges with modifiention cause of stability, peace and security thereof when needful by orderly not only in the region of the Nether-procensen.
"It In the constant hope of the lands Indies but in the entire Pacine
Government of the United States-as Mr. Hull's statement was in reply no doubt is that of all peacefully-
arch.
to the statement mode by Mr.Inclined governments-that the at- BELGRADE, Apr. 17 (Domel)lachiro Arita, the Japanese Foreign titudes und polleles of all govern- fraudulent conversion of only half a The Yugo-Slavian Government has Minister, on Monday expressing the ments will be based on these prin- share, it establishes that the appellant deported 20 German nationals on concern of the Japanese Government had a bona-fde claim. But as Mr. charges of spying and engaging in for the maintenance of the status quo Kwan did not take up the point then propaganda. They entered the coun-in the Netherlands Indies. try ostensibly as travellers. I do not propose to do so myself.
Mr. Cordell Hull's statement added:
ciples and that these principles will be applied not only in every part of the Pacife but also every part of the world."
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