HONGKONG HOTELS CASE JUDGMENT
(Continued from Pare 5)
ཡ
Finally, the learned defending coume! Auppested But a very underhand method tias been employed to get evidenco lu merminate the defendants, when The manager ordered his recrelaty ferred to the accredited hotel inspector's visits and requeste inade between the 11 and the 4th September 1040 and the execution of the Search Warrant on the 1th September 1910,
19. On 2nd September, 1940, Air Lewis called on Ble Ehrlich making him to those detalls required in the pto forma.
to
spear in these details, but after Inspector Moore land road sectiuns & and 7 of the said Petce Control Hotels Hogu- lations of 1943 (Exh. D showing that
The ninnarleg director of the defendant, the internation was entilled to be re- company otro said in reply to his Lein-quested and while Mr Ehrlich was about sel that de hotel inspector's visit and request ingle on the 4th September 145 T'olica Inspectors in company of two from the Special Branch was what Ite entied the finale of the harassing of its manager.
The amed defending Counsel suh- mited that despite te denial Ulo Bure pase of these vinila and of the scatch warrant was to get Incriminating evidence against the defendants.
As an important principle underlying the administration of criminal julles in raised. the Colony was vigorously 1 stimuld not allow di attack to pass intobagryed.
to algo this document and hand 11 to Mr Lewis, Mr Tarry came in and seatched it away saying that he was told to call off Mr Eardley's binal hounds."
MATERIAL EVIDENCE There is no doubt that the information two exhibit WDS contained in these
interial evidence in the case.
In cross examination Inspector Moore denied having entered Air Ehrlich' offee to get evidence to criminate the defendants but he went there to explain the Law to the manager by reading por tions of the Bald Price Control Hotels Hegulations of 1940 (Ex), 13).
In ernas examination Mr Lowls sald that the object of arking the manager to in Exh. M was in find out whether Bgures contained herein agreed with hon alated in ile Plan Exh. 1-2 sun- alled on the 14th June 1940, tiecause the Quartering Authority suspected this higher charge had been made: Mr Lewi denied having cone there to get more in
AUTHORITIES QUOTED
400 (1943 to Arehold According Edition) Inspection of corporation and other Public writings in granted in civil actions, but not in criminal cases where the corperation is defendant as I would have the effect of making the earpora- tlun furnish evidence to criminate formation to substantiate the sum nelf.
Issued against the manager on the 23rd August 1040
to the In answer
Court Mr Lewis denied having gone there for the pur pose of getting more information to bring more charges agalart the defendants.
in Spokes v Grosvenor Stafel & Co. (1897) 4.9.0 124 Lard Esher M. t. at pi32 hald: I take the decision to be that are relevant ni- when Jnterrogatories
them night 1 pnswer
In 1 final submission Mr Sheldon sald though the
answering
that Mr Lewis was acting on instructions INC person criminate
be allowed
From the Quartering Authority and gavo Further. question must nevertheless
his evidence perfcelly fately. and te must himself elect whether he
submitted that tha Sheldon The objre- will answer them or not,
had prosecution
made A rather tion hy the person called on to make an affidavit of documents that the doc puerile effort to explain that those visits to 4th September from 1st September Frente may tend to criminale hlin can not be taken to the summons for die 1918 did not amount to an attempt to covery of docuinents, but the objection get evidence in convict le defendants, can be taken in the affidavit in answer, but to assist the quartering Authority Sheldon In Purnell (1740) 93 H. 391 10 nx Chief Justice Leo at 397 Evid was taken to consider and I had a coned wat that hotel Falop wore flyed! brothers, and we all on the 1st August 1948 and suspended ference with my
Agreed the rule could not be granted. because i waw a criminal preveding and the notion was to make the defendants franti evalence
themselves. against Thanlike a aun Warrant, for that is right granted by the Crown and the public books and records are the The proper evidence un both sides. Craven shall not aspect the statutes and Archives of the University.
exited
The defendant was Vice Chancellor of Oxford and the Allorary General Sir Jolis Strange had ex officin against him an Information; for taking lacow the evidence the deposition
prices for hotels. Mr.
on the 2nd September 1940. Mr Barry played a leading part in the matter of Suspension of these rates so tixed,
Mr Houton has closely questioned boil Mr Dimond and Mr Karlich with ference to the charges In respect
of
the
ma, 202, 216, 300, 407 and 400 in his attempt to prove a system agatral defendants. I must any that their replies or expltiations were hardly satisfactory. I should reprobate any attempt to comi Pan acensed person to criminate him. felt in the course of eritrinal proceedings and should scrupilously guard int well Entabiliajard departure from any
procedure. of criminal
and neglect of his duty, bath as Vierinciple
Chanelter and Justice of the Peace In furt punishing Waltmare and Dawes who Jad spoken treasonable words the streets of Oxford.
Any
General withaut The Attorny elicavil moved for a rule directing the proper officers of the University to permit inefr ky rycards and archives to be inspected, in order to furnish evidence ngainst the Vier Chancellor. This WAN muved as a notion of course for a peremptory rude, on tiggenthan that the King, being viitor of the university. had aight to Inspect their books, wherever he tight fit. The Attorney General for the Crown insisted that the Justice of the nation was concerned, that the Crown gave the statutes whereby the Vice Chancellor was to govern himself and be governed, at the King had a right to see them and that it might be known and seen whether he had dùng sa The Court took two days to corsider, and the learned Chief Justice delivered the buldon of the court aforesaid.
"LAW WELL SETTLED"
Public
but 1:10
I find myself unable to say that
the decisions principle deduced from rited or the previous "state of the Law eat render Inoperailve the positive en- the arlinert of a statute applicable to present case
INCLINED TO AGREE
Mr Hooton contended that the for- mation Adught for a the course of those and the 4th between the 1st Vinis September 19440 at the mannger's office Hengist was legal and proper.
Inclined to agree with him, I nm because the Price Control (falets) (Con- trol of Charges? Begulations are intra- vires of the regulations making authority,
for and breume,
Che purixse obedience or disobediener, provisions of the Surpiles And Services (Transitional Powers Act 1944 Section 211 a appiled the Supplies and 10 th Colony by Services Transitional Powers) (Colonies ele urder in Covacli. 1946.
Bran
the
THE HONGKONG, TELEGRAPH, THURSDAY, FEBRUARY 10, 1949.
Alleged Spy Ring Leader
Sam Carr (left), accused co-leader of a one-time Rus- sian spy ring in Canada, accompanied by an agent of the FBI after his arrest. Carr has been turned over to im miuration officials at Ellis Island pending deportation pro- ceedings. A Canadian Justice Department official sit Carr probably would be tried in Toronto for violations of the Officin! Secrets Act. (AP Wirephoto).
Commons Questions Of Conduct Of British
Troops In Malaya
London, Feb. 9.-The conduct of the British troops in Malaya had been "very good indeed.". Mr_Arthur Creech Jones, the Colonial Secretary, said today.
Mr Emrys Hughes, Left Wing Labour Member, British soldiers had asked in Parliament how many
crimes
The
stationed in Malaya had been charged with against civilians and the nature of their offences. Colonial Secretary replied that he was consulting the Malayan Government and would let Mr Hughes have replies.
The conduct of the troops These regulations have the effect and
Sir Thomas Moore (Conservative) marks. turge of a statute and are properly re-
asked how many Malayan civilians has been very good Indeed." Karded as the machinery by which the
with charged
crimes Mr Sidney Silverman (Labour): Legislature has determined whether eer had been tain things shall of shall not be done.
egains! British soldiers. Mr Creech "The reputation of the British Army consitute binding
stands high enough in the world to These regulations
Jones replied that he did not know.
make It unnecessary to hide or legislation having certain avowed pr
the course of
that anything as its object in
(Conservative) whitewash
takes Winterton Earl the
where Flongkong. extremely
housing said that to remove from the British place by individual soldiers." pressi
that sroblers Army in Malayn the stigma
DANGER OF BREAKDOWN there had been an undue number of
Mr Hughes: "Has the Colonial
that admitted Secretary not private of the Seaforth Highlanders, found guilty of crimes of violence, Singapore?" had been sentenced to be logged In
raised
In Rv Heydon (1702) i W. BL p 351. Where on an information for election bribe the Prosecutor rooved for rule to inspect and take copies of the books of the corporation of Eveshamn. In order to prave one Hobing-who was to be produced an a witness for the rehabitation of pirusecular, to be a freeman of Eveshtin. But being an altempt to make the cor-luation poration furnish evidence in a criminal therto unknown to the Courts in the
past.
in Canadian crimes would the Colonial Secretary prosecution the court reftred it on the
Lard Halsbury at 1220 and Purnell of the King Buthority
Pacific Ny
A. C. 1228 make this information available v Bay (349) (Rupra). Du facryl L.J. ut p 017 En
salt: The fegislature, which is supreme. Salty Triplex ALL. ER 613 id: The law is tett rottled.
ta
Ġlond Ca. Ltd. V has authorised the particular thing so the House? Luncefaye Safety Glass Ltd. (1939) dour in the place and by the means enn "Some of us are not prepared to
templated by the Legislature and that
It is a general rule that "non's custitute an actionable wrong to allow an attack on British soldiers
logo tumanswered," he said. man is bound to criminate himself inland any more than 11 van constitute the rote that he is to be compelled to fault by the Quetser Code
say anything which may tend to bring Lord Dairyat 1230 in the same him into the per--possibility of being convicted as a criminal.”
It is one of the inveterate principles
of English Law that a party cannot e compelled to denver that which, 1 anessired, would teas to subject ha
to may punishment, penalty, lotleiture or ecclesiastical censure.
To the rule
concerned.
nu stated there is no real exception, mu far at least as discovery is and it is the paramot duty of the
The Court has new court to uphold.
the duty to inske sure, so far as may be, that the protection of the rule is not accorded in persons who have in
truth so claim to it. To this end cer-
Sweats
case
Mr Creech Jones: "I asociate
-- This brevious state of the Low, myself with Lord Winterton's re-
whether in Qurbet ar France or Eng-T oral cannot render inoperative the post- The Legis tive ennetusest of a state.
inture 18 rupreme, and if has enacted Than a flug Is Inwful, sucti a thing can- not be a fault or an actionable wrong. The ruins 14 be done is a privilege as selt as lokt and duty and it seems to their Lordships it comes within the
express loneuspe of the ende
LAWS ARE BINDING
In his finn) subinission the learned defending counket referred to the de-
WAI
Address By
Spary's Counsel
(Continued from Page 1)
see
Why
There were other cases.
he said. should these questions not be asked,
Mr Creech Jones: There are bound to be incidents with a very great body of men."
to
On another subject,
The
new
Mr Walter Fletcher, Conservative, asked for a statement on "the increase of fatal ineidents and the danger of a break- down in the Malayan economy due
the failure to suppress
Colonial Secretary replied fentont company as being the leading who have to consider such things wave of Insurgent activity." hotel in the Colony and as having due to look at it from the commonsense that he could not accept the im-
whether
of Mr Fletcher's question. tain principles have in course of time
plications of been established which many be stated everything in its power to help dovern-point of view and
years The managing
"Murders of civilians by terrorists shortly as follows: The mere fact that ment for many
that biz director also said in the course of cross there is not a reasonable explanation.
"Here is a man who has worked fell from an averge of 48 a month A party or a witnera
Cant $74 action answer would tend to criminate fi is not examination
trine here for 25 years, who has earned a fell fro conclusive. The Court may have a duty, harassing having regard to this notwithstanding this assertion of a cinim offence alleged against the defendants.
answer.
it remains for me to point out the good name and who, I might say, be- during the period Jure to December Mr Vernon Bartlett, Independent, to- privilege, to compel him to
answer is a principle of the plant out that it enged to the Crown from the day to 31 in January 1949. The Court will insist upon an
restore peaceful to rest in if the witness in trifling with the au- that whatever laws are passed by Parliahe was born-his father was a sol asked whether
der and he himself has served as the Law of the
in Malaya conditions
the Minister ter of the rule of law, to keep back ani, en everybody and that it is also the Army. Is it reasonable or logl-had sought the co-operation of Lt- thority of the Court and avatting himment are binding
a principle of the English constitution ent that a man of that sort who has the truth having in reality no ground
Chapman or Spencer the for claiming
privilege that no one may be deprived of his whatever
had the highest consideration from Col where the objection3 is plainly made rights or liberty except in due course
during the malo ide, the Court should refuse to Law.
would forces in that country objection a sun- accept a witness's
Courl tr the return furnished by the defendants clusive.
thing like Japanese occupation. The Power of the
apan $5002 I Mr Creech Jones repiled that a insist on an answer is not limited to were false within the meaning of Re-do a case of mals Odes; it extends to any tion 75 of the Defence Regulations that? And
knowing this number of these officers were ser case in which it is not made to appear 1040
suggest to Therefore I find all three defendants
anying with the security forces in to the Court that there is reasonable
you do, that as ground to apprehend danger to the Kulliy of the pitency charged,
European who has done anything Malaya. like that would remain in the hands of his men for ever and evermore. He would have been blackmailed until his last breath had been drawn
witness from his being compelled to an-
swer,
On Principle ono ennnat seo Any reasonable raund for the support of the view that this claim of Privilege should be limited to natural persons and it could not be taken advantage of by a cut- poration,
CAN BE CONVICTED
It is true that a company cannot suffer all the pains to which a real person is rubject, I can, however, it certain canes, bo.convicted and punished with
Krave consequences to its reputation and
other
I om satisfied with the evidence that everybody and who is on the eve of officers who served with the guerilla
MYSTERIOUS
EYE DISEASE
to its meinters and we can see to ground Afflicts. Motor
for depriving a juristic person of those
safeguards while the Law of England Factory Workers
accorde even to the lenst deserving of
natural perKONS.
11
would not be in
accordance with principle that any person
capable of committing, and incurring the motor factory has called penalties of, a crime should be compelled by process of law is admit a criminal specialista
affence.
question Ellack?
It consisted of two documents, namely (a) Exh. M. (6) Exn, D.
(a) Exh. M. was a copy of Daily Slate,
of the Pasteur
hla own pension,
such
country
out.
to be
for you,
WORKERS' WELFARE Mr Philip Price, (Labour) asked whether, "in view of an improve- ment of the situation in Malaya,"
would consider what the Minister is steps can be taken to meet any futuro that Spary "I say to you probably a man who is anxious to Communist attempts in the country shine in his own circle. He likes either by a reorganisation of labour a member of clubs and that unions by welfare schemes among fort of thing. There is nothing to the workers or by a land settlement show he is e mari who might be among the Malays.
Mr Creech Jones replied that all described frugal,
18
and in the
these measures were receiving the dimculties that occurred after the Paris, Feb. 9.-The Renault war, he would be the first to come close attention of the Government of do the Federation of Malaya. Much had but he in forward and lend a hand and
been accomplished what he coukl, He has a passion already for engineering which I detest, and was bringing Mr Price's suggestion to notice: the High Commissioner. was to the What was the incriminating evidence in Science Institute to identify a suggest his Inclination
Mr Philip Piratin (Communist) that justified Mr Sheldon's mysterious eye diseaso affecting thing among his peers."
Counsel is still addressing the aked how many of the 5,291 people 250 to 300 of the firm's 30,000
detained in
Singapore In Malaya and without charges on January 21 had workmen, an administrator of Jury
made an objection to the Advisory Committees; how many of these had been released; and whether proceed- ings and findings of the Advisory Committees had been made public.
The Colonial Secretary said he was consulting the High Commis- On 1st September, 1948, Mr Lowis, ac of the eye lids and cyo watering, London, Feb. 9-The War Office sloner and Governor and would let eredited, kätet inspector crenied under was first attributed to flying cinders, announced today that H. King, a War Mr Piratin have replies. the Price Control (Ilotels) Control of
* Mr Piratin also asked whether ho Charces) Regulations, 1948 called on Mr but when it become evident it was office messenger and leader of the Ehrlich and requested him to sign and Infectious, the Renault administra-protest march here last week of would make a statement about "the confirm this document. &tr Bitllen said tion-called in experts.
Government women cleaners has burning of the village of Dalang suspended from duty. The Kall North Malaya, by British ledge ko algnes! this document. and The cases were now less numerous War Office refuses to say why, but troops.", stating how many houses handed it to Air Lewis without any ills however, the official said, Thero pule.
were only 10 yesterday, while in press reports sy King is a Com- were burned, how
were rendered homeless, what ald (b) Ex. D,
a pro forma in WAS which the numbers of 40 rooms at the first days of the epidemie there munist.
was rendered to them and why this Hongkong Halal wore ast out requiring were 60 enses a day.
Women cleanners are asking for meature was taken. the manager to supply the names of the The epidemic is not limited to an increase in pay from one shiling Mr Creech Jones replied:" I have occupants of these rooms together with the Renault factory. It has appeared and eight pence halfpenny to two no record of any such incident at their daily charges on May 140,, · 1948;
June 14, 100,
shillings an hour.-Reuter..
Bafang Kall"—Reuter, ' and July 14th in other places-Reutor,
lating 40 rooms of Hongkonit Hotel re- quenting the manager to mark against
the factory anid today.
each of these ruting T (Traniaent), p Professor Martinaon, (Permanent) and S (Staff) together with
the daily charge for chel rodin, on the
(17) eyo
specialist of a big Paris hospital,)
14th June 1948, the date of the returns ins visited the factory to examine in question for the purpose of comparing the patients and make tests. The the figures in the Plan Exch. 1-2 and checking the covering letter Exit, L-1.isease, marked by an inflammation
that with Mr Barry's consent and know.
on
been
W.O. Messenger
Suspended
many people
Mindszenty Case To Come
Before UN
Canberra, Feb. 9.-The Aus- tralian Foreign Milster, Dr Herbert Evatt, who is President of the United Nations General Assembly, said today that the Mindszenty case probably would be raised before the April seнsion of the Assembly in Now York.
Dr Evalt told Parliament that the case was an "apparert breach of the Hungarian peace treaty" under which the Hungarian Government agreed to protect the fundamental rights of individuals regardless of race, religion or political opinion.
He disclosed that the Australian
sought Ambassador in Paris
*1x times to get permission to attend the trial and six times was refused.
This is a prima facle case for the closestinvestigation, not only into the cuse of Cardinal Mindszenly but, also listo two previous cases of Church leaders charged in Hungary," Dr Evalt said.
in
POCKET CARTOON
"Lord Woodhampton's
out but can take message=no bad news I hope "
NOTICE
HONGKONG
KENNEL CLUB
Membors are notified that ́a
talk on "Dogu
& Dog Show#"
"If similar enses occur anywhere will be given by Mr W. S. Hunt
the world, especially when 11
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PRESS
treaty violation is involved, they are at the Roof Garden, Hongkong PHOTOGRAPHS
a threat to freedom everywhere in Hotel at 6.30 p.m. on Thursday,
the world. Under the peace treaty 10th February.
worship and speech.--United-Press.
1ungary guaranteed freedom
of
JOINT PROTEST
A few copies of the H.K.K.C.
Coples of photographs taken
London, Feb. 9-Western nations Year Book are still available at by tho, South China Morning who signed the Hungarian peace Kolly & Walsh, Ltd. Treaty are expected to start
series
of informal consultations to decide
to make joint protest. whether against the trial and conviction of Cardinal Joseph Mindszenty
des of treason. clinrges
Οι
The consultations would be con ducted through diplommtle channels The most that
could be expected would be a formal protest.
Europe
This developed unist-
Western
313- dignation at the centencing of the
STAR
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-TO-DAY ONLY -
At 2.30, 5.10, 7.20 & 9.30 p.m.
Hungarian Cardinal to e irapri- A Musical and Dramatic Harvest sonment. But the Communist press
of Europe gloated over the verdict
along the lines of the Landon Daily Worker's headline over its editorial,
His Just Reward."
Meanwhile, the non-Communist world wails in expectation of a whose re- statement by the Pope,
netion of shock was not hidilen by Vatican sources.
Although non-Communist Western at the Europe was not surprised outcome of the Cardinal's trial, its
Indignation horror and
were not lessened.--United Press.
New York's Taste Of Spring
New York, Feb, 9.-New Yorkers gat a sample of Spring today when the temperature soared to an all-
me high for the date.
50
JUBLJANI STORY
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GEORGE GERAMENT
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SOROSTAT ALDA DI OROKOR GERTHWIN, LOA USLT - A&XH) SRTH "CHARLES COSUMEN • #6 THEMSELVES JOLSON OSCAR LEVANT- PAUL WHITEMAN, ORGI WINITI + HAZIL SCOTT- ANNI BROWN' SEN, IRWING RAPPER Our Séry De Soma Comun
TO-MORROW
Bureau began "The Vigilantes Return"
At 2 pm. thermometers registered degrees, the warmest February 8 since the Weather keeping records in 1971.
and balmy skica Sunshine brought thousands of people to the city's parks,United Press.
Jon Hall
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