THE HONGKONG TELEGRAPH, FRIDAY, DECEMBER 3, 1948.
FULL COURT FINDS MISDIRECTION BY
TRIAL JUDGE Sentence Quashed In Robbery Case
Holding that there had been misdirection by the trial judge at the October Criminal Sessions, the Full Court, comprising the Chief Justice, Sir Leslie Gibson, and Mr Justice Reynolds, this morning quashed the conviction against Wan Kau for robbery by two or more in the New Territories. Wan Kau was represented by Mr Brook A. Bernacchi, instructed by Mr M. A. da Silva. ·
On November 26 argument on the law regarding an accessory before the fact was heard by the Full Court, the Crown being represented by Mr A. Hooton, Crown Counsel. Together with Wan Kau, who appealed against conviction, Chan Shul-ping and Teang Shing appealed against sentence, The appeals by Chan and Tsang, who were sentenced by Mr Times Law Reports as follows Justice Gould to nine years, were refused.
he handed the jemmy to King with the knowlege that it was wanted for in burglary. He did not know it was wanted for this particular burglary."
Decision in, the case of Wan Kou, who had been given a similar term for being an accessory before the fact, was reserved until this mor- ning. Delivering written judgment. the Chief Justice sald
The judgment is reported in the
"The Lord Chief Justice, in de- livering the judgment of the Court, suid that the jury had returned what the learned counsel for the Crown agreed was a special verdict, upon which the only question in the case arose. The question of low was whether on these findings the appellant was an accessory before the fact to this burglary. It was important, no doubi, to consider what was an accessory before the fact.
It had been argued before. them that a man was on accessory before the fact to a crime if though absent he assisted. They did not wish to express any view upon that definition as to whether it was right on or wrong, because even if that were The applications of Chan Shui-so the facts as found by the special ping and Taang Shing were refused. verdict did not bring the case within We reserved our decision in the case of Wan Kau.
Three persons, Chan Shul-ping Thang Shing and Wan Kau, were fointly tried at the October Sessions on à count of robbery by two or more contrary to section 40 (1) (a) of the Larceny, Ordinance, 1935, and were convicted. All of them plied to this Court for leave to appeal against their convictions and the
heard Applications were November 26.
ng-
The particulars of offence as set
were out in the Indictment follows:-Chan Shui-ping, Tsang Shing and Wan Kau, together with one Fang Shek Kiu, not in custody, on or about the 15th day of July, 1948, in this Colony
Shek Van of $4,000, one wrist watch
the definition as
Mr Wilies
had framed It The appeal therefore would be allowed and the conviction quashed."
Mr Hoolon submits that it is sufficient if the crime committed is the natural
and probable con- sequence of the abetment and that the particulars of the crime -com-
mitted need not correspond precisely and one ring, Chan Ah Fong on with those of the crime abetted. To or about, the 1st day of July, 1948, In this Colony, did counsel, procure illustrate this principle, he refers by and command the said Cin Shui-analogy to cases where the crime ping, Tsang Shing, Wan Kau and committed is different from the crime Peng Shek Kiu to commit the said offence."
GUILTY AS ACCESSORY
were
It is clear from the learned trial the judge's summing-up and from record that Chan Shul-ping and convicted 018 Tang Shing principals. The learned trial judge directed the jury that the evidence
to justify a was inaumetent viction as principal in the case of Wan Kau. but that they were entitled
en the count to convict him framed as an accessory before
the
was nevertheless betted bat likely and probable consequence of the abetment. He agrees that D person cannot be
an accessory to general Intention 10 commit robbery or even, ray, to an intention to com- mit a robbery (no particulars of which are disclosed to the accessory) somewhere in a large town, but sub- mite that in this case the fact that Wan Kat knew the
robbery was to be committed in some con- to
house stnall village like Chung Muk Tau sufcient to particularise the is crime, even though Wan Kau did not know which house was to be the scene of the robbery.
US
the
feet and the jury's verdict in his must be taken to be a verdict
сабе
of gulity as necessary before fact.
The Grounds of Application
the
for
There is a surprising dearth of relating authorities as to the low
YES, IT'S STILL JANE!
She's not wearing her traditional sweater, but it's still Jane Russell, looking tough and dressed up like a bad man for a scene in "Montana Belle." Studio dressmakers had to de-Russellise her with a tight-fitting camisole which compresses her 371⁄2 inch bosom, AP Picture,
Indonesian Truce May Break Down,
Warns UN Report
Paris, Dec. 2.-The truce between the Dutch and the Indonesian Republicans was being in- creasingly strained towards breaking-point, the United Nations' Indonesian Good Offices Committee warned in their fourth interim report, published today:
The Committee reported to the Security, Council that, despite all their efforts to settle the dispute, there had been no progress since June.
LIMIT TO ASIA'S PATIENCE
Sydney, Dec. Z-The United Nations Economic Commission for Asia and the Far East was told today that Asia needs something like Marshall Plan aid to rehabilitato itself.
Mr C. G. Desal, leader of the Indian delegation, said at the at Organisation's conference Lapstone, near Sydney:
"The Western powers tell Asiatic countrica they must put their houses in order before they receive help, but a Hitle Introspection will show that not all Asiatle peoples ore responsible. They have not been masters of their own destinies.
"China i
is in a bad position, but the Western countries
who telling China to put its house In order encouraged Japanese aggres- sion against China,”
ard
Mr Desal sald the fact-Anding reports of the Commission were Important, but there was a limit to the patience of the people of Asia and the time had come for some action.
United States Ambassador Myron M. Cowen said Mr Desal had not correctly interpreted remarks he made yesterday of United States' views toward the Far East.
Mr Cowen. said he stated that fallure to
create a favourable econo mic situation by the countries con- cerned would by itself ilmit develop- ment through a discouragement of focal capital formation as well as Importation of capital-Associated Press,
FIVE-YEAR PLAN
A working party released today a recommendation for a five-year Industrial expansion plan for - Asla and the Far East. The main poluts of the plan are:
Expenditure of the equivalent of £3,400,000, of which £1,850,000 will be spent in China. ECAFE countries to provide 45 per cent of the capital,
Of this total, £1,300,000 to bc. spent in expansion of rall and water communications.
Hydro-electric power Installations to cost £455,000 of the remainder.
Hsuchow Won
By Reds
(Continued from Page 1)
Gulf of Chill to land at the northern tip of the Shantung peninsula.
the
"The Netherlands delegation has that until comparatively recently "It is absolutely Impossible," been reluctant to consider proposals the political discussions were carried Teng said. He indicated that put forward by the Australian and on in the hope of solving some of Chinese Navy patrols are keeping United States representatives on the the problems.
the Chill lanes cleared of any has Committee, and neither party
to accessories before the fact and in the exact scope of the decision leave to appeal in the case of Wat
Rex v. Lomas, as set out in avail-1 Kou were as follows:-
(1)___That the Learned Trial able reports, is not as cicar as one Judge should have withdrawn the would--havo wished it to be. but
opinion
that Rex v. Lomas We are of must be taken to be an authority for the proposition that, although a man may be liable
Trial the
OPTIMISTIC
I was also felt that the "some: Red attempts to move troops by n come forward with proposals for an what chaotic conditions" now pre-junk fleet.-United Press.
Republican Indonesia overall settlement of the dispute," "vailing in
were not wholly the result of delay the report said.
The Committee emphasised that in reaching a political settlement. the delay in reaching s political The absence of a sound adminis- Tientsin, Dec. 3.--While the Red settlement hus had four Important tration and the refusal of the Re-threat to the coaimining centre "of publicans to accept Dutch assistance Tongshan has increased with the results:-
A serious deterioration in the in such problems as food distribu- arrival of more than 20 Japanese-
situation. economic
the tion, it was said, were two import- type tanks at Teunhua, 40 miles to Republic,
andi a delay in the ant causes of "the present deplos- the northwest, from Manchuria, Mir accessory economic
recovery of Indonesia as able situation." coupled with the Chin Font-chuan, the chief of the lock of authority by the Republicans Educational Commission on General whole. 2.Increased political dmculties to
their own forces. Fu Tso-yi's Headquarters, expressed within the Repubile.
Router. 3.-Creation of political lension between the parties.
case from the jury of the close of the prosecution case.
the Learned (2) That Judge misdirected the jury on law, as to an accessory before the before the fact in certain circum- the following words: stances for a crime other than the fact in "Counsel for the third accused told crime he immediately procured, yet he cannot be convicted if he did you that some speelfle crime must
crime bon contemplation. that there must have been those principal to select the crime or even tention to rob some specifle house he is not correct. If they had in- to select the particular crime from tended robbery in this particular a class of crime such as burglory village it does not matter whether or robbery.
decided they
the particular house before leaving or at the time in the village.”
on. If he meant not
not procure any particular
оп
in-
at all, but left it entirely
the
in
to his
every
(3) That the conviction was treatise on tho 'criminal law against the weight of the evidence which we were referred. The prob- admissible against the third ac- lem is, of course, to decide
much knowledge of the particular crime a man must have him llable as accessory.
cused.
Mr Bernacchi, who appeared for Wan Kau, did not press the first Around had submitted that thoro of appeal. At the trial. Mr
Wan
Kau
was no case for but,
to answer
to
a
within
truce "with the ever-present possibl- lity of its general breakdown"
4-An increasing strain on the
control
Mr Faint-Heart Opens At YM
optimism on the outcome of the forthcoming North China battle.
Drawing a numerical parallel be- tween the rival forces, Mr Chin sald the Communist commander, General Lin Pico controlled 12 columns (each column 18,000 to 30,000 columns strong) of which seven have invaded East Hopel already.
Infantry Including Independent
brigades, divisions and artillery perhaps eight columns all told could be spared from peace maintenance in Manchuria.
Additionally, General Nieh Yung- cheng, the Communist commander In the Hopel- directing operations Chahar-Shansi border region, has three columns in active engage- monts.
Against these, General Fu Tso-yl could deploy nino Nationalist armies, each of 20,000 men, which Mr Chin claimed could copo the situation-Reuter,
FILIPINOS TO LEAVE Manila, Dec. 2-The Immediate mass evacuation of Filipinos from by China has been ordered by the and a Philippine naval tomorrow Wilson patrol
Normal trade to and from the In- donesian Republic, the report said.
Mr Faint-Heart, which played at of the case has been brought almost to a stand This interpretation appears to accord substantially with Gill, and economic conditions in the European YMCA last night, is
views expressed
Republican areas were reported by not exactly a happy choice for ama the Committee's observers to boteurs.
There is neither sufficient "critical."
comedy nor action to carry immature howi From time to time, the report performances.
And, though most of the players warned, "there has been an acute!
gave of their best, the lo render, fear of a resumption of military doubtless
action."
standard of acting, Judged by other is still The Council was also informed local amateur standards, that
what may be the final attempt adolescent. of the parties to reach an overnil There is insufficient co-ordination settlement began at the end of and an obvious lack of sympathy be- November, when the Netherlands tween the actors, who do not appear
Indonesian and
to take their acting as seriously a representatives to
dramatically and getting their
completely not to identify themselves
EACH CASE ON MERITS
be
No doubt each case must When Wan Kau
Kau was
called upon taken on its merits and, in giving to make his defence, he elected
our decision in this case, we limit make a short statement from the
and it is dock Rex v. Power 1019 1 K. B. 572 that trat statement, along
In an annex
to the report, the oquently precb can
of
is clear, from the case our decision as to the general law islaried direct talks.
with
the
to the proposition above stated. We expressly guard ourselves
against
was
* fed by the Crown
the before
fury and
properly before this Court.
aro
tion
of
satisfied
that the
the
that the
want
ין.
Bob
Ramsay,
50
4
вест
the Goverssel will feave
had
with
An official announcement said 78 landed from two planes
|morrow---Router.
Another group was expected to-
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By Popular Request Again! "THE GREAT WALTZ”
Welcome From 'Solicitors
T
Mr Justice James Wicks, who sat press the satisfaction they felt, at with Mr Justice Reynolds at the¦ having so able an appointment madai, weekly call-over of summary actions In the person of the judge selected at the Supreme Court this morning, to preside over the summary court, was welcomed by Mr C. A. S. Russ On behalf of all of them, fe ex
solicitors' pro- pressed extreme planura” at this on behalf of the
oppointment,
*Mr Justled “Wicks thanked Me
Indonesian Government declared the ruling that the fact that the that recent events had confirmed "with their parts, and one cannot principal is left with some measure fast-growing conviction in the Ro- forget that they are only acting. of selection as to the crime to be
Dutch do The leading roles are taken "Myra" committed is necessarily fatal to a public
not
settlement on Dawn As regards the third ground, we conviction as accessory, however
..Kenville Agreement but stenographer, and Leonard convic-much the field or method of selec- the
determined to proceed uni- as a bank clerk, who fall la love for Shanghai, It was officially an- by are was not against the weight tion may have been narrowed
rom laterally to set up a United States on a pleasure cruise in the Mediler-nounced today. evidence admissible against
are about 700 Filipinos in and it follows from
there and 200. in other Chinese accessory
Ime of Indonesia and a Netherlands- ranean. the third accused but, if there
If the crime our proposition that, it
Indonesia Union without the Re- alleged itself is
Leigh provides
little suficiently identified
cities. The in was misdirection
Arst large group of comedy as the lounge steward citi In the second ground,
it is not public. Reuter.
and Olive Starbuck, as Mary, stands United States evacuees from China should not be satisfied
REPORT "DISTORTED" that, the mind of the accessory,
fatal that the principal was left
Others arrived here in a naval aircraft this without
Batavia,
2Tho that direction, the Jury with a measure of selection as to
Dec.
Dulch up to her role quite well. would or must inevitably have come
circumstanter in which the Cabinet delegation here will discuss who take part are Vera Rumian afternoon. the to the conclusion that the accused crime was to be commitiéd.
with lenders of the Indonesian non-zefl, Nelson Sclater, Margaret Sim, was guilty. Mr Hooton, for the Turning now to the facts of this Republican States and special terri- ftoss Arnett, Harold Parker, Arnold Crown, quile properly conceded this point. It was on the second ground case, we are of opinion that, if all tories on Saturday the latest develop- Graham, Kay Stuart, and Norman
that Wan Kau knew was that the ments in the negotiations for Indo Tucker M.H. that we took time to consider our principals intended to commit robe nesin's political reconstruction.
of the Importancobery at some house in the village,
This decision in view
was officially announced to
meeting night after the Intended crime was not sun- of the point raised.
between the and a committee re- 1913 CASE QUOTED.
delegation ciently identified in his mind. Mr Baranechi contends that a man the learned judge had told
Washington, Dec. ZA new com-ference invited the Council to sub-fession. can only be convicted as accessory jury that the house at which
Saturday's talks would mitteo to study the world supply and mit the results of its studies on such before the fact ! he is shown to robbery was to be commlited
umissed and have been an accessory before the not matter provided that the vice determine whether the Dutch dele distribution of agricultural products agreements to members Governments sent, expressed the satisfaction of the
Cation
would return to Jogjakarta was announced today by Lord Brace Immediately after is first 1949 solfeltors at the appointment of Ms Chairman of the meeting, If possible, and to suggest Justice Wicks to the Supreme Court by: fact to the commission the tim was identified, whether
of Melbourne,"
песевзату "action.
Bench. orto continue the informal discussions principal of some particular crime, name or description or locality
"Mr. Justice Wicks has, while lfo relies on a decision of the Court otherwise, we should have been with the Republicans or return to Counch of the Food and Agriculture
The new Council meeting will be no mis Holland
Paris next Jund.
sitting as a magistrate in Kowloon, of Criminal Appeal in 1913 in the satisfied that there was
Omolal eroles In The Hague The members will bo Australia, Indin
fook a leading part in the created quite an extraordinarily Can of Rex VA Lomas--30 T.L.R. direction, but an examination of the 12 110 X 239. Lomas and King notes of the summing-up as agved today described the interim report Belgium, Brazil, Britain) Canada Conference discurtions on inter- favourable impression among men sweeping awards on a front of were convicted of a certain burglary, by counsel shows that in fact no of the Good Offices Commission on India and the United States Ther national commodity agreements, and bers of the legal profession by his 10 miles, with wind tanning the incom will pay particular. ́attention to the iste delegatos, warmly, supported the courtesy, patience, b his/northern' part of the Harz Mountaină.
ad, dames was tonight; raging "in-the Kink an principal and Lomas as auch proviso was made.¦
Indoncala as "substantially are pieto" and presenting pechpeory before the fact. In the In these circumstances, wỡ cad of Loring, the jury returned a of opinion that there was misdirec- vlow of the situation,” “distorted |,"current or future need for inter-principle as a "menns by which im- what perhaps Is Nevenkin near, Goslar.:
national commodity bgreements" porting countries could be assured at enormous energy for.
Firemen and local volunteers ware This follows the approval given by least some portion of their needs over he has displayed in carrying out his Responsible Dutch spokesman, ad-
| cutting: are lanes. Inhabitanis des mitting that there had been no the recent FAO Conference here to a longer term than by the existing legal dutles there," said Mr. Russ
Mr Russ, sald the members of his cribed the blaze as the worst in the direct progress towards a political the principle of the liternational day-to-day purchasing methods.
profession desired strongly to ex-area within living memory Reuter, agreement since the last report, sald i commodity agreements. The Cons Reuter.
the
.a
Dating non-Republicans,
the
didally reliable sources said they
by
apedial verdiët as follows, KUHU tion and that the conviction of Wan
#ogeruilty that he had a Kau must be quashed. cerdad? Manwodze that the lommy i Wan Hair was accordingly wanted, for an legal purpose; charged.
dia
To Study World Food Problems
Organisation.
In
Mr Rusa, the senior solicitor pre- | Trus
Destructive 'Fire...
Brunswick, Dec. 2 forest fro
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