COWIE APPEAL: NEW PHASE IN LEGAL ARGUMENT
The Cowie case entered upon a new phase of legal argument in the Full Court of Appeal this morning before the Chief Justice, Sir Leslie Gibson, sitting with Mr Justice Wicks (Acting Additional Judge). The appellant is William Henry Cowie, ex- Sub-Inspector of the Hongkong Police Force, while the respondent is the Attorney-General, who is repre-: sented by Mr A. Lonsdale (Crown Counsel) instructed by Mr L. R. Andrewes (Crown Solicitor).
Appearing on behalf of Cowie, Mr Brook A. Ber nacchi, instructed by Mr Y. H. Chan (T'oo and Hodg son), this morning made application that an order of Mr Justice Gould (then Acting Puisno Judge) made on September 2, 1948, that the appellant, was estopped from saying that he was not guilty of misconduct as set out in the Statement of Claim, be set aside, and in 'lieu thereof it may be ordered that the appellant was not so estopped.
It will be recalled that there was the parties before the Board of In- on Septem-quiry; (2) that the Board of Inquiry. a subsequent hearing
no jurisdiction Mr had
of
ber 14 on result. of which Justice Gould held in favour Cowie and ruled that Cowle might at the trial of the action prove that of natural breaches Justice at the proceedings before the Board of Inquiry.
Uieru were
Beth the Arst and second "judy ments were on points of law which o the Court was being asked to de- termine before the trial of the nc- tion.
0
סת
10
to sit as judicial tribunal for the purpose of finally determining the matters be- fore it and, as a corollary to that, that its decision was not final bu
of the purely for the guidance Commissioner of Police; (3) that the of Inquiry's decision Board amounted to 21 bare verdict not
by supported
Judgment because the Board had
tu Elve power
judgment 10 support their verdicl; if It 'were pleaded it might be possible to argue that the decision of the Governor created an estoppel be- cause it was a Judgment or
or ver- (4) the reciprocity test and its ctances, nathely, a test of what the effect would have been had the de- cision gone the other way on the ground that estoppel must be mu- Counscis' table was crowded witual; (5) that there was
pro- legal authorities, copies of local
mulgation of the decision such as and regulations Ordinances
to create a sufficient estoppel; (6) will be made in which reference
that the decision was ambiguous the case of the hearing.
SKELETON CASE
Cowie and originally brought a claim for damages against the Hongkong Government for alleged for wrongful breach of contract
dismissal, At the hearing. Lonsdale, dealing with the right of the Governor to dismiss Cowie, sald that the defence was in fact a ples of res judicain (an issue that has been
settled in a court).
Mridication to the present circum-
to
Mr
no
THE HONGKONG TELEGRAPH, TUESDAY, DECEMBER 14, 1948.
Madame Chiang In Washington
Madame Chiang Kai-shek (left), first lady of China, and Mrs George C. Marshall, wife of the Secretary of State, prepare to leave Washington National airport fol lowing Madame Chiang's arrival by plane.- AP Picture."
Seeking
Belcher Denies Seeking Business Directorship
LEAVES WITNESS STAND AFTER OF QUESTIONING
and therefore could be the subject 1/2 HOURS
maiter of an estoppel; (7) that the present action did not raise the same Opening for the appellant,
the before said the appeal was Bernacchi
Issue us was raised from a
decision of Mr. Justice Board of Inquiry, except collateral-
A preliminary point of ty; (8) he would deal Gould an
with argu- Abercrombie caso law. The solleitors for the reapon-
ments in the dent were desirous of attaching
(9) he would deal in general with past the record of proceedings the judg- the leading decisions in the
with domestic forum ment of Mr Justice Gould on the dealing
which had held a domestic second point of law, and as for es the appellant was concerned, Coun- forum to constitute a res fudicata and to distinguish those cases from kel said he was not objecting at the present stage, but would re-the present one; (10) he would deal serve his right to make an objec- with the cases relied upon by Coun tion if that judgment come to be sei for the respondent, particularly Board cases; used later.
the General
matters in and (11) a few odd and
of cluding the question of burden proof of res judicata.
The appeal concerned n lengthy and interesting point and it was a matter in which it was incumbent upon Counsel to go into consider- able detail and was one in which their Lordships would indeed he hearing him all day. Before he commenced. he wished to present o skeleton of his case nearly all of whose limbs, he submitted. were in counter the estoppel.
to
Mr Bernacchi then proceeded enlarge on his points, and referred to a number of authorities in sup- port.
The case is proceeding.
Ret Hon S.N. Chau
The relevant facts were as kel The out in the statement of claim.
appellant was ureviously employed Due Back Today
In the Hongkong Police Force, certain summons was taken
1
Dr the Hon S. N. Chau, who has against him, but was later with been Hongkong's chief representative drawn before a Magistrate, and the
at the conference held in Australia of appellant appeared before a Deport- ment Board of Inquiry. On August the Economic Commission for Asia and the Far East. is expected to arrive back this afternoon by BOAC flying-boat,
12, the appellant was held to have committed an offence by conduct calculated to bring the publle ser- vice into disrepute by receiving the sum of $50 from a certain Chinese On August 21. the appellant re- ceived a letter from the Colonial
Hongkong's
Mr R. Lee and Mr 1. Lightbody,
other
representatives,
will be returning later.
Secretary which stated that the Experiments To
Eradicate Malaria
Governor had ordered the nnpellont's dismissa).
The sole matter which was relied upon as an estoppel was the finding. of
Board of Inquiry, satd the Counsel and his argument against the pleadings was contained In a total of eleven Ihmbs,
POINTS SUMMARISED Summarising the points which be intended to deal with, Counsel said they were (1) that there was no estoppel because the parties to the present action were not the same as
SIDE GLANCES
London, Dec. 13.-British sclen- tists have begun large-scale malaria in Mauri- eradication experimente tlus, the Colonial Office here an nounced today.
The team consists of a physician, a chemist, an entomologist and six fleld overseers.
Synthetle insecticides are being used for the experiments, which are to last for two years-Reuter.
raving how pretty!
By Galbraith
aves are: Mom
nger whi
London, Dec. 13-Mr John Belcher, Parliamentary Secretary to the Board of Trade, today told the Tribunal circles that probing alleged corruption in Government Sidney Stanley, a Stateless allen who is a key figure in the inquiry, had never spoken to him about a proposal to import amusement machinery from the United States.
Mr Henry Selff, a London amusement caterer, had auggested the import of prototypes to enable Britain to ruanufacture this machinery, but he had given him no encouragement, Mr Belcher said.
Mr Belcher sold Mr Selff had being said nothing about £10,000 paid to Board of Trade officials as à bribe so that a licence could be granted.
He agreed that he was spending
year salary to his £2,000 full, although he was not in debt. Asked about evidence by an carller witness that he had once he was looking for a business said he
Mr Belcher described
the
director on as "completely foul"
the
and "revolting."
"ME
sure was
had gone to bottle parties with him, The Chairman of the Tribunal, Justice Lynskey, said the Tribunal could not accept the evidence unless it was really relevant..
The ribunal adjourned until tomorrow. Reuter, 1.
3-Day Fight With Gang
N. ATLANTIC
PACT TALKS
More Countries
To Be Invited
Washington, Dec.. 13-Denmark, Norway, Iceland and Portugal will bo invited to join the seven-power North Atlantic Pact talks now in au- progress hero, it was learned thoritatively today,
Eire and Italy have also been potential discussed informally. members of the proposed Alliance. Officials said America, Great Britain, France, Belgium, The Netherlands, Luxembourg and Canada will reach "Identity of view" and then invite other the Ambassadors of certain powers to join the talks.
The American State Department is bolloved to favour sounding out the other powers soon' on whether they
would
like to join in the lalks. American officials, are known to back the inclusion of Denmark, Norway, thos
ay, Iceland and Portugal be cause of
strategie importance.
Denmark
possessca Greenland, which has weather forecasting sta- tions and, bases vital to North At- lantic traffic.
al
Portugal possesses the Azores-D of - primary mid-Atlantic air base Importance. Eireann Government spokesmen have stated that Elre would not co-operate in any ro gional security system unless the partition of Ireland was ended.
Norway and Denmark control the northern European walurs, which could be used for attacks against transports bringing troops and sup- plies from North America Western Europe-Router,
Quick Arrests In PI Hold-up
to
Manila, Dec. 14-City detectives quickly solved yesterday's US$75,- 000 Surplus Property Commission
of payroll hold-up in the heart
Manila Police Sergeant Geronimo Pacheco,
Manila with the arrest of
50, less than two hours after the
theft.
Also arrasted were the Sergeant's 20-year-old college professor son, Mardonio, who was suspected by the police to be the master mind, and Jose Fernandez, 34, assistant disbursing offear of the Surplus Property Commission who, with two other SPC employees, carrying the money in a car after getting it from the Philippine Na- tional Bank.
The police
recovered have US$27,000 of the stolen money from different houses in the city.
Was
Investigation established that the car was stopped by a man in police uniform while on its way back to SPC office. An unidentified Gunman then entered and ordered that the
the
the car. be driven to an isolated spot in the ruined walled city. One of the SPC employees in the car Identified the uniformed .man 0.3 Sergeant Pacheco,
The satchel which had contuined the money, was found partly burned in Pacheco's yard-United Press.
Letters To The Editor
He said he had no recollection of remarking, to a businessmen that one day he might be looking for a job. He said Stanley took him to see
Rangoon, Dec. 13.-Burmese Isaac Wolfson, chief of the Great
military police killed 33 insur- Universal Stores.
Belcher
the gents in a three-day battle' with meeting had not been arranged to a gang who attacked-the-Tavoy offer him a directorship, but he police headquarters in the admitted that he hidered the matter Tenasserim Division of Southern Safety Curb For Praya he would have considered very carefully if Mr Wolfson had Barma, a communique said to offered him directorship after he day.
Sir-Year after year had ceased to be a Member of Po
Government forces killed seven more motor cars fall off Connaught lisinent.
other rebels and wounded 20. when Road into the harbour, frequently if he had ever Asked
fold they attacked rebel headquarters with resultant loss of life. businessmen to get directly in touch in the Akyab district of Western with him instead of going through Burma. withi
The Premier, Thakin Nu, sald the normal channels at the Board of Trade, Mr Belcher answered: "It is today that certain foreign
fantastic. Only
In the madman "are meddling quite would talk like that
had
a
nations affairs of
evidence to
OTIC
ог
Why should this toll of precious lves be permitted to continue when a simple
ple safeguard can easily be provided?
ORIENTAL
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"
could you forgive the unforgivablo sin ?!
#
Ann SHERIDAN Low AYRES Zachary SCOTT in
WARNER THE UNFAITHFUL ' THE NEW. SENSATIONI Directed by Vincent SHERMAN
with Era ARDEN
SPECIAL FOR NEXT CHANCE. ONE-DAY ONLY. The Most Welcomo Musical Comedy Hit of the Season! Alico FAYE • John PAYNE Jack OAKIE in
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"EVERLASTING
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春風
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DIALOGUE. IN MANDARIN
COMING TO THE
LEE THEATRE
threat to the country's one-year old high running along the whole length he had never met before somebody Burmo," which constitutes a "direct- An inzxpensive curb nine inchen
of the sea will would suffice to.. Mr Belcher said Sidney Staniby independence.
never at any time made any
Speaking to reporters, Thakin prevent nearly every such accident. This proposed safeguard would suggestion to him about assisting in Nu sald there was no
not Interfere with the loading and matters that seemed improper. He "prove that foreign governments have agreed that one idea Stanley had a hand in the present Internal unloading of boats, or junks, as the discussed with him was a permanent developments." He added that the average daily tide is six feet; nine in the Government was determined to see inches more or less would hardly
"our friendly relations with foreign be noticed. governments
exhibition of British goods United States.
It was an idea which had heen. pursued to some extent.
U.S. LOAN DISCUSSED -Stanley and he had also touched American on the question of an loan and, said Mr Belcher, he re- membered meeting a Walter Kirsch- ner from the United States about this, and ubout the Palestino situa-
113
tlan.
Its had rathered that both Stanley and Kirschner werd tressed by the actions of the terror ists in Palestine, and Kirschner Wits on his way to Paris to discuss
are not affected by trust you will land your power. the machinations of one of iwa ful support to this long overdue irresponsible individuals."-Reuter..safeguard.
Portuguese To
Stay In India
F. JOSEPH ALEXANDER.
OUTWARD MAILS
TUESDAY, DECEMBER 24
Swalow,
Closing Times: By Air
Amor, Shanghat, Nanking. Bankow. Tsingtao, Polping and Holbow, 3.30 p.m.
Lisbon, Dec. 13-The Portuguese Manila, Honolulu, USA. and Canada, Minister for 'Colonies, Senhor p.m.
Air Parco! Posia for Manila, Honolulu Teofilo Duarte, tonight reiterated and U.S.A.. (Kowloons CPO) 430, pm; Fortugal's intention to maintain her (GPO) 3 p.m.
Ordinary
"Airmail (Printed - Mattera, suvereignty in Portuguese India.
Ramoles and Bmall Packet Posts) for
Honolulu and since The Minister, who was speaking at Manila. Guam,
USA Secretary to the Board of Trade, he had set the institution of the new Governor (Kowloun (P0) 450 p.m.; (GPG) 5 pm.
riso his Department of Portugues
what could be done to t
Mr Belcher declared
becoming Parliamentary
out lo popula
Ho, had
applications
Closing Times By Kos India, Commander
Formoen via Reelung, USA, Canada, Quintanila Mendosa Dios, stated:
South Central and
America vin · Sen with the business community,
"The
of the Portuguese Francisco (No Farcela, for Canada). 3 v.m. had rejected some
me borderline
Lin India,..
'delicate, is today.
Manila, 3. p. LIN Shanghai à p.m. ns to the Board of Trade
point
of view for precisely because they had
been from the
This is submitted by personal friends due to the ions with the Indian
better then
months establishment of diplo Mr Belcher wIS- again ques mantie tioned about the dropping -of
relations Union which minimise and correct prosecution for infringement of the certain attitudes taken up by ole-
250,
WEDNESDAY, DECEMBER`19 ·
mford);
Closing. Times By Alt Shanghai, 6.30 a.m. (reg); 9 min." (ord), Bwplow and Amoy, 9 m. (reg); 9.30
Can 13,30 p.m.
and
Shanghel, Nenking, Hankow. Tsingtao,
Yaochow, 330 pmn.
| paper regulations against: Shermans meris sometimes irresponsible.", i Pelping. Amoy, Taipeh. Swatow
You've never seen the like. of it-NOW YOU'LL
FEEL THE CLUTCH OF
THE
BEAST WITH
15 FINGERS
WADINERS' Sugematurai Super Kit?
ROBERTAN, ANDREA
ALDA KING-LORRE
A VICTOR PIANODE AJ DANMOL MADE A MORE DOĐE
Radio Hongkong
KKT 6, Programme Summary: "8.01, Child- ren's Story: Der Again" by Tit Lewis Clarke (DBCTS); 0.16, Báb Crosby and "Cantonese by His Orchestra: 0.50, Radle" given by Mim Lee Wai Lan 8. K. Les 18tudio); 4.80, Walking with Paul Lincke; 7, World: and Home News (London Reisy); 25, Interlude: 1.30 "Sca, Tee" Talks on Sport (Studio); Stage and Serven Favourites presented
STAR
-Phone 58335,
17 Hankow. Road, Kowloon
** TO-DAY ONLY **
2.30, 5.10, 7:20 & 9.30 pm.
LUNIVERSAL-INTERNATIONAL presents.
ROBERT
MONTGOMERY
RIDE THE PINK HORSE
with
WANDA HENDRIX
ANDREA MING - THOMAS COMEZ FRED CLARK TO-MORROW LAUREL & HARDY,
In
"JITTERBUGS"
Danish Seaman
- Lost Overboard
the Editoriala't. (London Relay) 18.30, University. Programme-Agriculture No. 3:"Husbandry" by Profesor, J. A. Scott
At 0 p.m." on December 11; when 8.30, ChaunOT!! Wales (BJCTS);
Yehudi Manulin those Laura Maersk was Ove dars "PORN...Op (Viplini
with the Orchestra, Gympho- out from Manila on her way! Lo nique de Paris under Georges Indeco:
football pools,
Closing-Times By Bes The Minister added that Portugal He said there had been consider-
towards |torel-· Atralia, Ceylon, MadaKincer" and -Cal- | by Alleen Wooda (Studio); "From able political pressure on him from had no aspirations
Tot | cull,"1 pm two sides-from: Members of Parila- tortal expansion and no intention of
Bhanathas. D.m. Shermans and Intervening in Indian affairs, pan. 5 pm. ment trying to help
Reviewing the internal position,HIRSDAY, DECEMBER 14
Closing Times by Alr from other Members who disliked the Afinister said half the population football pool competition pre-of Fortuguese India were Christus Alexandria (Natronesburg and Rangoon, Calcutta, Karachi, Hahrein, Mr. Belcher described as posterous." allegations of bribery with Western habi's who were wall carpellers vir Alexandre Home and B46 Variely's Dandbox for The Hongkong, Able Seaman E. AT Boskice, the aware they would lose much through London, (Kowloon CPO) 130 p.m.: (GPO) People Palace, London (BBCTB) 218 Nielsen (27) either, jumped or ten Dgainst
and a boat Sollster General, Mr Glenvil Hall, a transfer of sovereignty Financial Secretary to the Trentury,
Bir Frank-
and
civil servánia. -
The other half readily acknow
Vancestral respect
Pekka ledred Mad traditions. ·
He left the witness stand, after a for their
total of almost 11 and half hours. Referring to the new Portiguei
Bangkok, Brigapore, Batavia, Colombo, Svenny, and Auckland," a pan... Japan, Eumeneng kan
Cyl Closing Timisu-Dy:Ben Manila, Mauritius,”“” Mombasa, L., Mar.
The Man from Hatton Garden" Adven overboard, stagnant ENIGE AG
ture at The Conway Sapphires (RUCTS!': D2, 30 Questions The Hermione uestion tester! Peter
Navy
The ship 03
but there was no trace of
Gregory(Studio);⋅ 10, -Radio News for JARAYON MANGAMMATICU
London Relay) 2010, Weather Report: In harbour today, the Laura
10.15. Heethoven's Last Crustraia. No,
Counsel for Mr. Morgoni.; Phillips, Indian Constitution, the Ministeri zuen. Berk and Bouth-Africs vis Durbest. quartet in- & FAI KUROPPODKATi Pixyed RMaersk :wore, her" dan 'at halt:maERİ
id: Portuguese "India"
Secretary of the Labour Party, sald asked if his ollent would be allowed purs
to give evidence fil, to profule | allegations made by Stahley that he
participation in dministration will be intensified;
khangal to rain.
#5straita,"3/ puszysty
943apan-frid. Honahalı
bya tha. Bunch Quarie H Introductory. An official inquiry will be hiéta, (Talk, by" "“he: Rev-THU
Rrboard tomorrow by the Dar 8.3-16 udio 1, One Holters Buite Consul before the ship sails for
London - - #tring. Orelsanteny:"11,10/: Wens
ther Report, and Close, Dawn, look | lung -
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