Legal Argument Continues In The Cowie Case
A submission that any finding of the Board of Inquiry was a finding for guidance of certain people ́ only and could not be held out as res judicata (an issue that has been settled in n court) was made by Mr Brook A. Bernacchi, when argument over a legal issue in a claim for damages brought by William Henry Cowie, ex-Sub-Inspector of Police, against the Hongkong Government for alleged breach of contract for wrongful dismissal was continued before Mr Justice Gould (Acting Chief Justice) in the Supreme Court this morning.
The Attorney General was named
as the defendant.
Mr. Bernacchi, instructed' by Mr Young Women
Y. H. Chan (Ta'o and Hodgson) ap- peared for the plaintiff, and Mr A Lonsdale (Acting Solicitor General) was for the defendant.
Mr Bernacchi submitted that the Board of Inquiry, not being able to make any order or award, was not in itself n Dnal tribunal,
The
Governor did not set up the Board
Shoplifters
Apprehended
nor did he direct it as to what issues A flourishing business of shop
it should try. Was statutory right of lifting was cut short when two diarniasal for misconduct. under young, women, LI Chu, 30, and Section 10 in any way connected
with
u
were discovered four handkerchiefs
Board of Inquiry boaring. Ho Nuf, 21, Counsel asked, In his submission stealing
THE HONGKONG TELEGRAPH,
TUESDAY, JULY 27, 1948."
A navy plane, one of two that crashed in Detroit after colliding. in the air while flying in formation, smoulders in the front yard of a house as firemen stand beside the body of one of the pilots.-AP Picture,
there was no link which could make from the Tung Hung shop, 245, Reduction In
the
onder of the Governor sufficiently Des Voeux Road Central yester- connected with the Board of Inquiry hearing so as to make thot hearing final which would otherwise not be Anal.
INDEPENDENT SECTION Section 18 was entirely Indo- pendent of Section 12 of the
and it in no Ordinance
way incorporated any procedure by way of Board of Inquiry. The Board was to a certain extent rather sim-
0
Mr Bernacch! submitted that the very essence of the Board. was to inquire into certain matters and that a finding that when it did reach
for guidance of certain Anding Was people only and could not be held out as res judicata.
day. Upon arrest they were found to have 75 other new handkerchiefs to the value of $170,
Before Mr d'Almada at Central stated this morning. Ho tearfully that she forgot to pay for the four hankerchiefs but the 75 others were put in her safe-keeping by friends.
own
lar to such tribunals or courts as, Inspector Moran sald the accused for instance, a coroner's court, Coun sel said. He referred at length to stood by the handkerchiefs counter of the Tung Hung shop, pretending authority on the point.
to buy handkerchiefs. A foki, Man Sheung, saw them use their handkerchiefs to cover up four new
an ones and place these in their The foki reported this pockets. theft to a constable near the shop and 75. more 110w handkerchiefs, unwrapped were erushed and Referring to pleadings of defen- found in a zipper bag which Ho held. dant. Mr Bernacchi submilted that They could produce no bills. it was not open to his friend
that the Court should take Both
to accused refused give suggest tha
Inquiry their addresses to the Police, no first of all the Board of
the and then
search decision of the doubt fearing
of their Governor. His friend would stand premises, added Inspector Moran. or fall on the question of whether Asked by the Magistrate, the ac- lived with or not the finding of the Board of cused said they both Inquiry was a matter judicially de- friends at 48 Sal Yee Street, termined.
to
OLD ARMY ORDER Counsel said plaintiff's apprar unce before the Board of Inquiry was ordered, not requested, and if he falled to appear, he would have been instantly dismissed. He quol- ed an old Army, saying, "Obey the order first, complain afterwards."
Counsel further submitted findings of quasi judicial were not Anal
and
Court to authority.
that tribunals referred the
Mr d'Almada declared the ac- cused to be specialists in lifting handkerchiefs. He sentenced them to nine months for larceny and and ordered unlawful possession the 75 handkerchiefs to the police
kerchiefs were returned to pending claimants. The four hand-
Tung Hung abop.
the
In his Anni submissions, Counsel Prison & Fines
not
For Divan Keepers
Reduction In Last Minute Support
Air Services
Shanghal, July 20-A further reduction in domestic airline services, possibly to 20 percent of normal operations, was in- dicated by China's two major the Chins National airlines, Aviation Corporation and the China Air Transport Corpora don, yesterday afternoon.
foreign
of.
in
A spokesman of the airlines siressed the Inevitability more restricted fights should the Biinistry of Communications fall ta "come through"
exchange solving the problem.
Domestle operations of CNAQ and CATC recently dropped an average of 40 percent
airlines routes following the Inability to meet normal ERSO
ne requirements without for-
Go eign exchange from the vernment-Router.
all בוס
European Driver Faces
4 Charges
For M. Marie
SOCIALISTS TO JOIN CABINET
Paris, July 26.The Socialist Party late tonight. cleared the way for formation of the Cabinet by Premier Andre Marie, Socialist elder statesman, and simultaneously attacked M. Marie's choice of Finance Minister to oversee his economic recovery pro- gramme.
After proposing to withdraw from the new Government because Party leaders approved it by a hairbreadth margin, the Socialists voted late to- night to participate.
tho Socialist agreement to join Cabinet removed the last major obstacle to its formation and M. would Marie announced that he present his Cabinet list to President Vincent Auriol without delay.
Test: England
400 Ahead
(Continued from Page 1)
claimed ten
seven
gave
when Compton was M. Guy Mollet, Socialist Secretary caught by Miller for a grand 66, bowler. General, said the final Socialist Johnston again being the caucus voled unanimously to join M. He had taken four of the Marte's right of centre Government. wickets which had then fallen and
caucus England were 331 ahead, Twelve members of the
17 when he Bedser had scored abstained from voting, according to
and Miller Inshed out al M. Mollet,
The caucus approved the appoint-Bassett a catch so that eight wickets Robert Michael Bluestone, 28.ment of the Righilst ex-Premier, M. were down for 330 and the end of and sales Paul Reynaud, as Finance Minister the innings seemed near. But Laker assistant district traffic
while end splendidly at 280, by a vote of 46-21, M. Reynaud, held one manager of PAL, residing
ai- Prince Edward Road; appeared one of Franco's leading financial ex- Evans, England's wicketkeeper before Mr Latimer at Kowloon this peris, is not ponular with the Socia-ways able to have a good score
1lsts-United Press. morning on the following charges:
(a) Dangerous driving near Tsun Wan along the Castle Peak Road;
(b) Failing to stop accident;
after
on
HARASSING TACTICS
punished the tired bowlers, and as
the minutes ticked away the score mounted until the end and with 362 Paris, July 25.Socialist deputies runs on the board were exactly 400 |who wrecked the Government of runs in front. (c) Falling to report after an neci-obert Schuman a week ago were dent;
address,
contended that the parties in this sufficiently the action were
the same as the parties before- Board of Inquiry to give rise to res Judicata in any event. Furthermore, the controversy before the Court, being as to whether or not plain- tiff was wrongfully dismissed, and
Bluestone denied the Arst two the controversy, before the Board, being whether or not plaintiff had opium divan keepers appearing be- counts but pleaded gulity to the third been guilty of conduct calculated to fore Mr d'Almada, at Central this and fourth charges.
On the application of Insp. F. bring public service into disrepute. morning. Lau Fock, who had two Roberts, for the prosecution, the
necessarily
the same similar previous convictions, was issues, and therefore, could not give given nine months and recommended accused was remanded for a week
on ball of $1,000. rise to estoppel. Thirdly, Counsel submitted that there was no anallty for banishment.
wero not
in the decision of the Board DE
Heavy sentences were doled out to
His divan at-20 Eastern Street was Inquiry itself and that that Bnality ralded by Sub-Inspector Bodie and was not given by any dismissal of!
10.1 Party yesterday, Six smokers were the Governor under Section Finally, also on the question of arrested and four pipes, six lamps and 14 pots of opium seized. None of the smokers went to Court so that their $25
Bhailty, Counsel submitted
الله
that
in
of quasi judicial Mr d'Almada estreated
tha cases tribunals it would be found in
the their foundation
essence
that on
of
balls.
Anality given to those tribunals Twenty smokers were arrested at where it gave rise to estoppel Poon Siu's divan at 21 Wing Wo
Counsel submitted
Sub-Inspector Street yesterday.. cases before the Court, it was not winch and party raided the place for the defendant to set up
and seized nine pipes, 13 lanips plea and by so doing defeat, to and 22 pots of opium. large extent, the whole cast.
Hearing In proceeding.
his
Mr KW. Blackburne, CMG, OBE, Director of Information Services, Col- onial Ofice, who is paying an official visit to Hong- kong. fle is scheduled to meat Hongkong newspaper and world news agency representatives at dinner. tonight, Staff - "Photo-, grapher
Poon was fined $1,000 or slx months and ten of the smokers were fined $40 each. The remain der, who werc absent, forfeited their $50 bails.
57
That was the end of the day's. play and stumps were, drawn with (d) Falling to notify change of harassing the Government of Pre-B 47 and Laker 17, having 50
Marie today before mler Andre
far added 32 runs for the ninth it had a chance to bo born.
wicket. Unwilling to take responsibility
THE SCOREBOARD for the six Ministerial posts Premier Socialists
Seares: England Marie offered them, the
ENGLAND—1st Innings 496 have asked Premier Marie to in- Cabinet-Leon Blum as Vice-Premier ENGLAND-Second_Innings clude only two of their Party in his AUSTRALIA-1st Innings 458 and Paul Ramadier as Minister of State. Both Ramadier and Blum Hutton, e Bradman, b Johnson
Washbrook, e Ifarvey, b Johnston are former Premiers.
Premier Maric was reported also Edrich, Lb.w.. b Lindwall ..... Compton, o Miller, b Johnston .. to have offered the Socialists
Crapp, b Lindwall portfolios of Interior, Social Affairs, Yardley, a Harvey, b Johnston Public Works and Commerce and Cranston, e Sazzers, b Johnston Industry
Bedser, a Hasselt, b Miller The Socialist's deputies approved | Evans, not out the proposed Marie Cabinet by Laker, not out Shanghal, July 27-After a long vote of 33-31 today with 8 absten- period of suspension, more than 100
Uons, goldsmith shops here resumed trad- The caucus then decided that, in
Bowling: int yesterday and published quo-view of the narrow margin, tations of CN$380 million per ounce would send another delegation to Lindwall for selling, and $320 million for
Premier Marie-Associated | Miller buying,
GOLDSMITHS
REOPEN
The quotations are decided by the Shanghai municipal authorities and
600 Press.
MARIE'S THREAT
they
06
Extras
Total for eight
362
0.
R MI.
5 B4
Johnston Loxton Johnson B
24
LEE THEATRE
ADVANCE BOOKING OFFICE:' MOUTRIE CO., LTD.
·BOOKING-HOURS: 11.00 AM, TO 5.00-P.M.) SHOWING TO-DAY AT 2.30, 5.15, 7:30 & 9.30 PM.
Jean
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idaX
UPINO
Claude
RAINS
Thomas:
MITCHELL
Mark Hellingers
MOONTIDE
irected by ARCHIE MAYO
20.
ADDED: LATEST CAUMONT BRITISH NEWS
• NEXT CHANGE
CAIL RUSSELL.
ANN = · ADOLPHE
MENJOU DVORAK
CLAIRE TREVOR
in
'THE BACHELOR'S DAUGHTERS
SHOWING
TO-DAY
RELEASED THRU UNITED ARTISTS
MKING'S
AIR-CONDITIONES
At 2.30, 5.15, 7:20and
9.30 p.m.
AT LAST IT'S ON THE SCREEN!:
HELLZAPOPPIN
OLSEN
JOHNSON
MARTHA RAYE
HUGH HERBERT MISCHA AUER JANE FRAZES
ROBERT PAIGE 30 CONGEROOS
Based on an original story by Net Perrin Suggested by the stage play "Olean & Johnson's HELEZADOPPIN Directed by H. C. POTTER
A MAYFAIR Production
'Screen Play, Nat Parle and Warren Wilers
Associate Producers, Glenn Tryon and. Alex' Gottlieb
A UNIVERSAL PICTURE
PRESS PHOTOGRAPHS
Copibs of photographs takon
Byes 4, leg-byes 10, no balls 3 by the South China Morning Post and Hong Kong Tolograph Staff Photographers Bro on view
the Shangital City Council according Paris, July 20-The French Fre-Reuter to Central Bank quotations for gold mier, M. Andre Marie, elected to and exchange certificates, plus a form
of national Schuman
Government a
to succeed the
Li Ping, keeper of a divan in a business fee of 40 percent, a prent union side-lane hut off Ko Shing Street, of 20 percent and a workmanship Cabinet, tonight threatened to aban- Kinoshita & Yoshiga was sentenced to six months and charge of not more than 100 per don his efforts.
for banishment. He cent for ornaments. had one previous conviction.
recommended
report
To Be Tried (Continued from Paro 1)
and the I gave (on June 29) was based on advice received from the legal authorities."
When he called on the President of The Commissioner of Social the Republic, M. Vincent Auriol, to the results of 48 hours of ex- Only one of the seven smokers
Wu Kai-shion, an tremely almcult negotiations with He was fined $25 or ten days and nounced that the goldsmith business the Socialists, M. Auriol insisted on sion was taken locally, arrested there was present in Court, Affairs, Mr
selling and the rest last their $25 balls. Three would be limited to pipes, seven lamps and 13 pots of buying of gold ornaments only, and another effort being made to bridge answer
Leaders of the Socialist Party and M. Marie were brought together n oplum were seized by Sub-Inspec- that transaction in gold bare is still the differences. tor Moore and Sab-Inspector prohibited. Woodhead during the raid yester- The goldsmith sheps closed down the Presidential Palace in an churt
automatically last year as a result to find a solution-Reuter.. of the official ruling banning trans- action in gold-Reuter.
day.
Three Years For Conspiracy
In delivering judgment at Central
this morning. Mr Hin-shing Lo`zen-
tenced Wong Keng, 24, paint
Violations Of
IMPERSONATION Palestine Truce
CHARGE
Chitt-Yam, 23, unemployed, was
London, July 20-Jewish viola- Hons of the Palestine cease fire were officially reported Nations observer today 10. the
in the
Morning Post Building.
ORDERS BOOKED.
They
Gave
with the now Am
their
Lives.
Mr Shinwell then doclared: further into "Having since looked the matter myself and examined the evidence in consultation Judge Advocate General, I of the opinion that there may be evidence on which the two Japanese in question can be prosecuted, and have therefore issued instructions that the cases should be reopened." ---Reuler.
by United ZBW RADIO Rhodes headquarters of Count Folke to the Bo-
Bernadette, responsible
1rogramine Summary; 7.01, Children's
scraper, Lul Song, 20, earth coolic, charged with four counts of de Man Chi-keung, 32, earth coolle, and manding money with mohaces and Yan Kee, 30, unemployed, to three one at impersonating a Police oricar years each for conspiracy to rob and before Mr Hin-shing Lo at Central curity Council for seeing that the story possession of arms and ammunition, this morning. Defendants were also recommended for banishment. Lul and Yan had Police records;
tor the prompt action.
1+
pence of the Holy Land is kept.
and
(BBCTS);
0.15,Accent on Rhythm
The observer said Jewish aircraft (ners) 0.30. "Nothing but Music" Piano and Violin, Op. 451 7.30, Blage'and' It was alleged that on July 25, at and Infantry attacked three Arab 7. Grics: Sonata in C Minor for Ain Berben Favourites presented by Allean Tal Ning Street, Shaukiwan defen- villages Jaba, Izrira
Woods (Bludio) B., World and Home
0.15 News (London
**Much of tho commander Mr. Lo biso commended the Police |dant Impersonhted a constable of the Ghazlloh thres: äuccessive filed Dinding in the RDA', (NECTA); 8.45,
Hongkong Police. It was further The
theme Mosqueraders (MBCTS: 8, Butner On May 3, defendants conspired alleged that he demanded 60 cents Iraql-Arab irregular force in
thebelius: 10, World and Home News together to rob the occupants of a ench from Chiu Fung-kuen, Chan villages threatened to use the Iraqi Orchestral Concert: The Great Marters and a Bau-ying, Tom Tal and Lok Cheung Air Force in retaliation unlers the London Relay); 10.16, Weather Report: 23 10:12, Planotoria Recital by Cyril Smith; house in Gloucester Road, revolver and six, rounds of ammuni- with menaces.
Jown desisted.
The observer adford that he had 10.40, Dance to dlenn Hiller, and Els Llon were found in their possession, At the request of the prosecution,
BIGINT?RS1M5, Weather Report and Close DetSub Inspector MacKenzie defendant was remanded for three notified the Jewish authorities of Indi Resort (Rendon
idays in Pollco custódly per
the breaches-Reuter, prosocuted/
We, too, may give through the
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