THE HONGKONG-TELEGRAPH, – WEDNESDAY, MAY~11, 1949.
risk of losing them; but in fact,
extra plons were later pre-
Hongkong Hotel Appeal
Against Conviction
.(Continued-frum ·Page 1)
UNDER ORDERS
pared and forwarded
Quartering Authority,
电话
the
In-
In
Mr
As a result of Barry's structions, Ehrlich sent the information to Eardley, Referring to: the fetter accompanying Uio plan, Counschuld it was the in- formation contained therein on which the extraordinary charge) had been made against the op- pellants, & The letter read:
"Dear Sir, in reply letter of the 4th Instant,
to your I en-
close herewith the bedroom plan of this Hotel showing the entes chargeable daily for each room. In the case of transient Kucats only these rates ‘uro, sub- jeet to an increase of 20-50 per- cent according to location and plan showed the rates charge
The able against each room.
REVISED RATES
fact, the Information was so the view the learned Magistrate used, The information given by took. It is clear beyond the Mr
Ehrlich, so far from ordinary rules of common law criminating him
completely governing the position of an that there was no tan-keeper established his innocence.
on the Hotel What legal obligation The Chief Justice: have these events of Septem-
Company
take in BIJ ber got to do with this case?
particular person or persons or that on September 4 further Lordships will appreciate that
Mr Potter replied by saying at any particular rates. Your specini services required." tiemand was made by the hotel I have said legal obligation. Inspector and two policemen In Furthermore
thero wan
wab no plain clothes,
legal obligation to give pid- ference to Government vants. It was understood that
Mr Eardley, having obtained: we would do so as far as wo
the information from the Hong- The hotels had always kong Hotel, issued on July 31 could.
and until done so
these un-his revised rates. Evidently he miscon- took a very decided view as to
plain-had the slightest difficulty with Potter remarked. He took such clothes policemen, What ou any Government
unra dfelded view that there was official, Quar= | n° thority
what right, had Mrfering Authority or otherwise." such a clamour from the hotela Eardley or any other authority Coming now to actual facts of that the Government, took the in the Hongkong Government, greater importance. In Febru
unprecedented
step two days to bring into the case two plain-
1946, Dr and Mrs Davis Inter of staying the revised rates, clothes policemen? Mr Moore applied for accommodation in and the Government at went there to explain the law to the Hongkong Hotel, will appointed n Commilice to con- Mr Ehrlich. It is novel to me.
moke the position quite clear slder and investigate the whole
evidence of Dr and Mrs Davis.
"I don't think that in th's ense you can blame the Police officers; they were acting under orders. The hotel inspector was
and
Entirely
scnt again to demand informa- have proceedings we have not what were the correct rates, Mri
tion from Mr Ehrlich and was accompanied by
Iwo
nry
once
It may not be to your Lordships, when I read the whole of the questionsting aside from his :
Crown
for a plain-clothes police officer to be called for the purpose of I say at once that Dr and Mea argument, Mr Potter said that the advising a man already charged Davis were at that time per- Committee eventually gave their with an offence, on the Inw.manent residents of Hongkong, view and there was now in force is a matter which I think should They were Government servants the present Ordinance allocating be deprecated," sald Councel. and this seemed to have had the a certain number of rooms in greatest effect on My Eardley's hotels to Hongkong residents. Dealing with the actual pro- mind in deciding to start these "It is interesting to notice when ceedings at Central Court. Mir
Crown sub- Patter said that Air Sheldon Proceedings. The
you come to consider Dr and Mrs hnd quoted numerous authori-mits in its argument and evi-
under the new Ordinance they ties to support his submissions dence that the whole of the Davis that if they had applied
position of Dr and Mrs Davis tongkong Hotel.
case turns on the true could not have
into the Kot This Hotel has entirely disagree. Suficient at
accommodation Die moment for me to say that 20 percent of its we have clearly established in the rest of the rooms they call reserved for Hongkong residents. fact and in, law that Dr and Mrs Davis are transients or travellers, by no name at all."
and was an absolute There call them, what you will.
complete silence between June 14 and August 31. Counsel con- INTERESTING LETTER
tinued, and Ehrlich was surprised et fact
of some im- when on August 31 he was portune that in April, 1940, served with a summons under regulation 75. Counsel fermed Me Eart, ự was acting as Quar- trring Authority, On May 30. that a remarkable document. Ehrlich, then the manager of Ehrlich was summoned for a the Peninsula Hotel, was moved breach of regulation, 75 in that
had
a made
statement from that hotel to the Hong- he
which be kong Hotel us from June 1."
had reasonable said, Counsel, ground to believe was false. On May 30, Ehrlich wrote an interesting
Messrs On September 11, letter to Mr Eardley informing him of his transfer and that his Deacons wrote a letter to the Solicitor asking for place was being taken by Mr Crown Gatid! who would be pleased to particulars of what the sum
The meant. afford the Quartering Authority mons
which was the subject the utmost cooperation.
that the Crown had made out no case at all. In spite of these authorities, which
not were answered by the Crown except that Crown Counsel had quoted ono authority. tamely the Ox-
on the ques ford Dictionary tion,
which was vital, ns to: The position of on inn-keeper vis-a-vis his
his guests. That was
"The authority quoted and only the
of the transparently In spite
in law. the clear position Magistrate found the defendants| guilty and had delivered a 34- pago written judgment which. would said Mr
he Potter. describe as a magnum opus.
NO EVIDENCE
"We say that the judgment of fact wholly was in point
nald Mr Potter. crroneous," who added that there was no evidence on which the Magis-
alleged
SIDE GLANCES By Galbraith Dr Bunche's
3-21
COPH, 1945 BY KTA SÉRVICES, INC. T. M. REC. U., 3. PAT, OPP.
"Don't be discouraged, dear-it's hard to learn to cook! If I could have learned to cook, I probably never would have got married?”
35 Engines Stand By For Lifting Of Blockade
SOVIET, ANNOUNCEMENT
Berlin, May 10.—The Soviet Zonal railway authorities announced tonight that 35 locomotives in "first class condition" were ready for the re- sumption of rail traffic between Berlin and the West on May 12. Some of the locomotives are stationed at Magdeburg, near the zonal frontier, The others are in Berlin.
United States and British airlift pilots, not
· impressed by the approaching end of the Berlin blockade, today set a near-record, Aying 6,906 tons of airlift supplies into
1,017 flights.
▾
影
Berlin
S****
in
Warning
Negro Problem More Baffling Than Palestine
New
York, May 10-DT Nilph J. Bunche,
retiring Palestino Mediator, today | re- subsed his post ne director of the United Nations Trantecakip that |Division' will a warning
America's 'Negro · problem was ["more complet, and bailing than
the Falesilne problem."
Dr Buluche was.speaking at a dinner in his honour given by the American Assgelation for the United Nations.
He declared: “As an Ameri- lean and a Negro I cannot avold reminding my fellow Americang. (that all of us who have sincero bellet in Justice and fair play must contribute to the solution of a problem on our doorstep, which is perhaps
more com-
plex and baming thon the
Palestino problem, if our own great country is to be enabled fuily to live up to the principles of the Charter for which all United Nations are solemnly plodged."
The UN
Secretary-General, Mr Trygve Lie, paying tribute to Dr Bunche, wald he hoped
the great powers would be guided by the example of the successful conciliation in Pates- tine.
He said: "Let us hope all concerned will not again stray from the United Nations way
the only road to lasting peace -no: mattér liow rough and rocky it may be."-United Press.
Junk Capsizes In Harbour
A sudden gust of wind capsized
a passenger junk near the Star Ferry wharf, Kowloon, this morning at about 10.30.-
The Junk, which carried a crew of four and one passenger,
Koo Wing-leung, completely overturned. and its occupants were forced to cling to it until the arrival of a Marine Depart- ment launch commanded by Mr L. Lourenco, assistant marine jomicer.
The survivors, none of whom was injured, were taken to the Water Police Station. The junk Iwas towed to the Water Police
pler.
The crew lost all their per
Tho figure has only once Robertson, sald at ́e press consonal belongings.
-Easter--ference that the ban-on-Govict
"Trate "would find what-be-dlich adding that "he" (Ehricht) in A wer of the chargo-appeared-been-xseeded,--on-
We are as much"II" The darkn
3,
are looking
for
would be removed if the Rus
plans tock reciprocal antion. Czech Cabinet
Ministers Resign
they booked Ring Ehrlich for his letter, i manent resident. but in. fact Pward to a smooth lifting-of the Reuter.
at the Hongkong Hotel."
fr Hooton interposed to kny it was not a question of that Traveller but that of a tran Glent
•
had
had
INFORMATION SOUGHT
·were
summons
The
typ
Prague, May 10.-The Czecho- alovale Cabinet today accepted the resignation of three mem- bers of the Slovak Board of CommissionerR
The three resigning members
glonal. Government were Mihal Chudik (Food), Kazimia Bezek
Soito Port) and Dr_Josel
(Industry and Com- WEST BERLINERS' merce). Both Bezek and Soltesz
ULTIMATUM
are Communists.
lesz will succeed Chudik Dr Sollesz who has bec
been man of
the Region Chair-
succeeds Besck-Reuler,
National
Radio Hongkong
HKT
Programine Summary: 401. The Tehard Tauber Progranime with
new position would continue to be that acharge of $24-0 | STIUurday, when 1,344 sortu." papers" in the Western. Zöner ns we were then og
by to what offer further assistance. On day was shown against room brought in 0,093 tona,
June Is a traveller. We say that a
Berliners Mr Eardley replied, 509 when occupied by a per certain Dr and Mrs Davis worg travellers when
of the assurance-
Mr Gaddi'a charge of $30 a day was made. 10-months old blockade.
AIRLIFT COST Russian co-operation, and expressing his sald Counsel.
offers -and Western appreciation Ehrlich's offer of
Eht
for the operation, both issueu
London, May 10.The Foreigu further assistance in his new Mr Eardley, discovering the in the past 24 hours, fully ac- Office said yesterday that the position. Under cross-examina-occupants of room 509 were cord with each other, and u Berlin airlift had cost Britain £5,850,000 up to the end of tion by Mr Sheldon, Mr Eardley permanent residents of Hongservers expect any differences
and fully indignant that of opinion on technical details March Mr. Patter-sold that he would had admitted that he considered konnt
and Ehrlich's letter to a perfectly charged $30, a day instead of traveller
Government servants should be
It announced that Britain was to be smoothed out, submit that
now spending about '£200,000.a transient wero the same, genuine one, Counsel remarked.
remake $24, sent the appropriate papers "Transient, 1 toke it, is a per-1 was rather remarkable, he $2
Western sector shops selling week on the airlifL-Associated of the Board-Slovakia's re- Crown Counsel and also textiles and other luxury goods (Press.---- son who passes through, that added, that when any question to is, he is here today and gone Dros
orose as to the proprietry of the presumably gave him the In imported from Western Ger- tomorrow," he said. "That chores made against D and formation that Dr-and-many-unounced today price
Davis
"permanentre-reductions of up to 10 not the meaning in hotel par- Mrs Davis that no enquiry was lance at all. Another point we
ilrst made from Ehrlich who sidents. The result was the while the Soviet Zone challenge in the
always Mugistrate's
issued mic Commission announced alven bico- remarkable
de-rationing of cerlain decision in his ruling that under operation, to the Quartering Au-against the appellants,
of clothing. this section na
crockery. cycle gullly inteni thority.
(Continued from, Page 1) DISTORTED MEANING was necessary. That is wrong.
tyres, furniture and radio sets. Cocusel said Umi Mr Hooton
Mr John Logan, chief of the and General Lucius D. Clay, the Communist Samuel Tkne,
of Kosice. Committee asked why the Crown POST-WAR-PROBLEM-
The alleged falsity is that Jolat-Export-Import Agency American Military Governor, and replaces Dr Soltesz and Dr Kerot should make "uny enquiries wo put down room Dealing with the facts of the "from
509 said in Frankfurt -that he be- Major-General R. J. Noirot, the robbers." "We resent chargeable at $24 a day when lieved East-West German trade French Deputy Military Gover Bacilek, another Communist, case which, Counsel remarked, that remark," Mr Potter said. In truth and in fact the charge would "gradually adjust itself nor, will attend a special meet- were hot disputed, he said that "Had they written us a decent was
$30
We
might have after the blockado-e affer the Japaneso surrender one letter they would have had an charged Dr. and Mrs Davis $100
to-emia
-Ing-of-the-Western-City Coun-- of the greatest problems which explanation, and these unhappy day and that would not have United States Military Governor, day
General Luclus- D. Clay, the cilat 0 am. local time on Thurs the Hongkong Government was proceedings would never have made the letter in any degree said the confronted with was the pro- taken place."
Later in the day the three false. All
developments we have set out in would not make "Now. vision of housing not only tur
the letter to the
the Russian Western Military Governors will Quarterlag persons permanently resident In
a direct beneficiary of meet in Frankfurt to consider Hongkong but for persons who
Authority was the rates charge- Mamhail aid. Trade would he acceptance of the Bonn Consti- able," were transients or travellers. In
On June 4, just after Ehrlich
by straight barter, and in the tution for Western Germany
Melachring Orchestra and Guest dealing with this problem, the had taken over the managership
Artist: Alfredo Campoil, (BECTS); The Crown case appeared 10 oubtedly. get some Marshall ald Hongkong Hotel and for that rely, acting on instructions material particulars because Drove
the Hongkong Hotel, Mr be that the letter was false of
630. Waltzes Played by Harry Hor Bek, and His Orchestra: 6.10, The matter all hotels in Hongkong
Terry Lucido frio. Studio): 7, "Ro played a very large part, and from the Colonial Secretary, and Mrs Davis gecupied room
ecrd Round About Variety Request Barry
"Everything will come out als Ex-SS Officer himself
a letter to 91 hotels 500 and in fnet paid $30 a day.
Programme Presented by Jean Hal. minent part in his dealings with in
played a pro- Gent
right," he said.
day. (Studio); 8, World News and asking
In Such a meaning, as given by the The end of the blockade has To Go To Prison A News Analysis (London Relay); 0.15. puthorities and with
the for Informag
regarding the Crown to Quartering Authority in regard contained, the rates charged per marked.
the bollem
English Commercial Theatre A number
krocked
out of of rooms each Hotel tirely distorted, Counsel re-
was en Berlin's currency black market.
Talk by Gus Ciddick (Studio); 8.30, Nuremberg, May.10.Dr. Much-inding-in-The-Mark with. to the arrangement for accom-
and wIH probably put ano Benna Martin, förmor S. S. ɑM- ¦ Tüchard Murdoch, and Kenneth modation and charges. There room and the number of guests was never any rates for rooms in each room, etc. Mr Eardley
branch of it-the sale of occupa-cor and one time Police Pre-orng Dance Orchestra Conducted by Stanley Black, (PBCTB); "D was tlon dollars and pounds-right sident of Nuremberg, was today from the Editorials (Lendon fle fixed by regulation or law, claimed he wanted that informa-sent, nelther Barry nor Ehrlich out of business.
sentenced to three years' im-log: 10, British Concert Hall The Bald Counsel, and only a "gentle. un 10 enable him to carry out were aware of the existenen of The Soviet-licensed news prisbament by a men's agreement" in this re-Secretary to fix rates for these kong Hotel,
Nuremberg Halle Orchestra Conducted by John the direction of tho Colonial Dr and Mrs Davis in the Hong-agency, ADN, said tonight that High Court for
Barbiroli (BBCTS); 10, Patricia ordering and gard existed.
Romborough at the Plano; 10.20, Western-licensed papers would expediting the wholesala de- London Studio Melodies: "weet Throughout the material times establlaments
Yorke and Hils of the case, the only rates in
be allowed to circulate freely portation of 6,000 German Jews Serenade". Peler Barry, not being aware of Counsel submitted that the in the Soviet Zone if the ban to virtually certain: death in the Concert Orchestra with Pauls Green force were those of the "geno¦ Eardley required, asked Ehrlich fletter the suggestion of the Western Zones, was removed.
what exactly it was that Mr Court could not read into the on Soviet-licensed papers in the East during the last war,
A Biere Conway (DBCTS);|_1050, men's agreement," Mr. Fotter
Edmundo Kos and Itis Romba Bandi Five others
accused in the 21, adio News Roel (London Re continued. The
The agreement was
to clarify the position. Ehrlich Crown What was contained in
Last week the British Military zame trial
11.10. were that for persons who were
acquitted lay); 11.15. Weather Report: then went to interview Mr the letter was nothing more than Governor,
Bummary of Newn from China; 11.20, by the Hongkong. Hotel quale Eardicy and the whole position a statement of the rates charge-
General Sir Brian Reuter,
Class Down. manage tment as permanent guests and was discussed. It was explained able. In fact. Coumel-pointed here Counsel rumarked, he was to the Quartering Authority out, many of the rooms shown using 'an entirely neutral word- what transient guests were on the plan were occupied by The rates chargeable for $10 a charged. Ehrlich asked whether staff members or were vakant. day for smaller rooms and $24 uit would be all right for him to On September 1, Mr Dowis, an day, for larger rooms subject, so mention this in his reply to the inspector of the Quartering Au- far as transients were concerned, Quartering Authority's enquiry,thority's Department, went to assured it was. Ehrilch and presented lum with an increase of 20-50 percent and he was according to the location of the instructions in put in the usual to fill with
Barry thereupon gave Ehrlich a document which he was.anked rooms and special services re-
information as to quired.
rates of $18 a day for smaller what were the rates being pald rooms and $24 a day for larger for each of the
Hod Hotel.
Lie
to
•
Quoting Bu example, Counsel
n
sald a person who was occupying
a permanent guest room for
rooms.
the letter,
At the time the letter
in
rooms in the the authorities
process the East would 2273-
Reuter.
NEHRU ANSWERS CRITICS
New Delhi, May 10-Pandit Jawaharlal Nehru, the Indian Prime Minister, today broadcast a long reply to Indian critics of the decisions of the Londol, conference of Commonwealth Prime Minis-' ters which enabled Republican India to stay in the Commonwealth. He told his critics-most of had never yet been charged Commonwealth which was "ex- to the Indian with anything against the ceedingly' distasteful to us and ha asso-honour and self-respect of India against which we have strug-
in
In his respectful submission, wanted to issue a summons, they whom belong nald Mr. Potter, it did not matter could have done so on that Socialist Party-that $24 a day might require a private
whether that was sumcient In-document, because there it con- clated himself with those "fate- or her people, he sald telephone, and in that case un formation or not because that tained every bit of material re-ful and historie decianns extra charge of $1 a day
was the only information sont quired to support a summons the full bellef that they were fore, if even a few persons with by us 98 would be made, and
It laurious matter, there in the t
"That is a matter to be deali the hotel would and the facts were entirely under books of the
sovereign 75, Counsel ro- regulation sufflelent from Mr Eardley's marked. The appellants' answer
right for India and the world. whose opinions I value should | nation Let us not; mix, up. show that the guest was point of view, before he issued would be that the information people will also view them in an outrage.
trust that the Indian consider that I have committed things which should be kept paying $25 a day. In the case
rovised rates.
separate. Me Hooton of transient who was occu
poton given was. not
perfectly that, light he said pring a room at $80 a day and it seemed, put it rather, true. It might
that
wish to say that nothing "Let us not waste our energy" snoeringly to Mr Barry n ques, the Hotel were not entitled, to Some critic usedtrong has been done in secrecy and at this critical moment :-in- ha required to use the room as longarding the plans of the charge $30 a day but they could language about what he had that no commitments of any world history over empty.
ouico, for instance, chargo might be $40-2day.com
Hotel building...but Barry an- not accuse the Hotel of telling done, and even called. It "eidad Imiting our sovereignty or but rather let“ už ̈ ̈côn« swered-in-perfectly fair-man 4 116 about it: Fud the flotel areat blunder-and-aff: Cutrage un cor outral polier centrale on the urgent tanke or COUNS
NSEL J-SUBMISSION:
her that there was only one set sent la return showing #24 on the national sentiments of have been made, whether in the today so, that India, may be mylaganfalone that, a abi plaja, - That being that case, Instead of $30, that would have the Indian - people,
mar÷znili» i krent--und-strong-rundving mak, wailivalent to Counsel remarked, no concern beef false return because that During a fairly long caroer In
positions to play: Zil:beneficent" Bladba,ykwame would be too ready to forward was bot in fact correch
India's service, he had gaudir that,iqisibam to somebody. dan with the other appealed us as proceeding. · been: pocuasi "bi kristaka
the Reuters
the
das
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