1947-03-06 — Page 2

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Page 3 10.

THỂ HONG KONG JOCKEY CLUB

NOTICE TO MEMBERS

Gun Battle In Deep

THIRD EXTRA RACE MEETING Bay

Saturday, 8th March, 1947.

The first bell will be rung at 130 p.m. and the first race will be run at 2.00 p.m.

Through numbers (8 Races-816) may be, obtained at the Office if the Treasurers, 1st Floor, Exchange, Building, also ilckets for the Special Cash Sweep ($2.00) on the last race. MEMBERS BADGES AND ENCLOSURE. Members are reminded that they and their Indies MUST wear their badges prominently displayed throughout the Meet- Ing.

NO ONE WITHOUT A BADGE WILL BE ADMITTED TO THE MEMBERS' ENCLOSURE.

Badges admitting non-members to the Members' Enclosure are obtain. and Club

including tax Rooms at $10.00 able through the Secretary upon the written or personal in- troduction of a member, such member to le responsible for u chits, etc.

Badges admitting to Members' Enclosure will NOT be uti sale at the RACE COURSE.

The Treasurers Compradore Office will close at 11 a.m. and the Secretary's Office at 11.45 nm. Roth Offices at 1st floor, "Exelinge Building.

A limited riumber of tiffins, will be obtainable at the Club House, provided they are ordered in advance from the No. 1 Boy (Tel. 27818),

NO CHILDREN WILL BE ADMITTED TO THE CLUB'S PREMISES DURING THE MEETING.

PUBLIC ENCLOSURE

The price of admission to the Public Enclosure is $: including tax for all persons Including ladies, and is payable at the Gate.

Bookmakers. Tie Tar Men, ete.. will not be permitted to operate within the precincts of The Hong Kong Jockey Club during the Race Meeting.

Refreshments will be obtainable in the Restaurant in the Publle Enclosure.

SERVANTS' PASSES

Passes for Servants will be issued to Private Box holders ONLY on application to the Secretary, 1st Floor, Exchange Building.

Any persons found ultering with Servants' passes in their Possession will forfeit the sume and wil be removed from the Enclosure.

By Order,

KRAFTK

C. B.. BROWN,

Secretary,

FOODS

KRAFT BONOX-The_Most Highly Concentrated Beef Extract Made.

Well known for it's high fond vnlue and strengthening qualities. BONOX is THE BEEF EX- TRACT used universally for hot beet Lea, soup, flavouring, sand- wicht Alling. ctc. Every home neels BONDX-delicious in, any form at any time. 4 oz, bottle 2

yesterday

.

THE CHINA-MAIL, THURSDAY, MARCH 6,-1947,

PERSECUTION PLEA Legal Argument In Doctor's Case

relates to a different, wilfully falso fact. A

"That duplicity is a good ground for qüashing an in- dictment To shown in the case of John Molloy reported in 15! Criminal Appeal Reporta page 170. A further authority is the case of Albert Dianey, 24 Cif- minal Appeal Reports, page 49,*

Mr. Silva then elabornied his third point, namely that there was no committal for trial

Court Prerogative

SUBMISSION_

OF CLAIMS=

An the Colony's Anancial year closes on March Al; the Accountant General requests all merchants and contractors to submit promptly to the De- partments concerned any out- standing accounts for züßplies and services to the Govern VICH, BO as to ensure that payment is effected on or be- Jore, March 31.

Payment of acestinta atcb- milled later than Monday. March 17, 1947, may be con- alderably delayed.

of this indletment in such cumstances, therefore, wil very careful evidence that Hon. Allorney General has cised his authority wrongly, this in for from the canc

Jury Urges Leniency

After retiring for nearly in hour and a half, the jury return- ad a verdict of guilty on all five counts with which Mohammed Sadiq ls..citarged under the De fence Regulations, but added u rider for leniency in that acotine) did not take a great part in any harsh, treatment.

On three counts Mr. T. J. Gould sentenced Mohammed: Sudig to 18 months hard labour and un the "other two ecunts to one year hard labour, the sentences to run concurrently.

A two-hour gun battle between two junks in A motion to quash the charge against Dr. Chan Deep Bay off Lau Fau!

Hoi-shan on three grounds was made by Mr. Shan on Feb. 6, in which

M. A. da Silva before Mr. Justice Williams, Pulsne Judge, at the Criminal Sessions yester- rifles, machine guns and cannons were used, was

day when Dr. Chan appeared on a charge of described to Mr. Lati-].

making a false death certificate contrary_to mer by DSI Collins at

Section 6, Subsection 1 (b), of the Perjury Or-

Mr. Silva said cách and every

Before Aenience was.. passed,. point he had submitted should be Kowloon

dinance, 1922,

cirMr. A. P. Rajah, for the defence, Chan December, undergone. terror good enough for His Lordship to

need said that in view of the rider by when committal

Appearing with Dr. pro-

the the Jury, he had nothing more to "In all the circumstances, Your

exor-sy, beyond

had ceedings were commenc-was Yu Kau, coffin shop fokl, and fear of a prosecution which quash the indictment.

that, accused and been in prison for the past 17 No curtail altogether ha profca- Lordship should exercise your ed against two alleged who was charged with being might seriously affect, if not

an accessory before fact,

months and that those were try- members of the Self-plea was entered by either ac.sional career, who had under-prerogative to declare that, in-the interest of Justice, the accused.

Ing months. He asked that this Preservation Corps of cnned since Mr. Silva's motion gone again the considerable should be discharged and tills "Plainly Desirable" be taken into consideration.

would also effect Yu Ka

expense and the agony of a should be an end to this case once

"In the submission of Mr. In imposing sentence, Mr. Gould Po On.

The motion was made on the trial in this Court before and for all." 23. and Yip Ng Kwpisang.

Silva's submission, Silva, and he himself quotes, the said that he had taken into con- eleeum-jury. would need the further

After Mr.

the Jury's rider evel Kalwen, #8, are charged by the ground that (1) the

pro- deterrent of the further terror, Mr. Clifford, Crown Counsel, ob- chief aim of punishment is to act sideration Crown with (a) assault with in- stances surrounding the

over a month. lent 19 rob Wong Mun. Wong secution of the two accused on the further expense, the further jected to the procedure adopted on the mind of others, that is to the fact that the offence covered

by Mr. Silva in not notifying him ray other than the Accused, and a period of little heung. Wong. Sing. Wong Ping. the first indictment laid and on agony of a second trial?

cariler. Ho sald Mr. Silva had thus deter them. The reason this He also took into consideration Wong Shu-hi and Wong, Yung this fresh and further indict Injured Community?

implied a few days ago that care was originally brought in the the fact that accused had been in kan, with ride, machine gun, renient rendered the present pro-

High Court is not so much, as Mr. gaol for 17 months and also his "I cannot imagine ngali, my

acquit" would pload "autrefois

at least one volver, and a mortar: (b) choot ceedings not a "prosecution" Lord, that it can be contended and now he found Mr. Silva had da Silva allegen, for an increase goce treatment of ing them with intent to malm, dis-

in the true British meaning of that this second prosecution is a long prepared submission quo of the Ane, but it was considered. person incarcerated by the Jup-

In such a case, to be plainly definere. figure, disable, or enuse grievoun

xirable to give it the utmost publi- bodily harm and (ci possession that word but a "persecution" for the purpose of gratifien- ing a great many authorities.

Surprise FoLone revolver, six, rounds reval-contrary to the principles oftion of the feelings of an in-

ver ammunition, one rifle, one the administration of British light machinegun, one mortur, 113 Justice." runchy of re ammunition, and (2) the indictment was bad one metar bomb-

for duplicity and (3) there was no lawful committal for trial.

After hearing legal arguments | by Defence and Crown Counsel yesterday, Jis throughout

and disin-

city, in a Colony in which there

"It is an extremely unwarrant. Is a great deal of, violence at pro- penge as to what is the attitude ed surprise, and 1 find myself sent and also a great deal of of the Court to such án ostence." Infectious Σκαρπες. Dealing with Mr. Silva's second unable to deal with these authori: dangerous

Where many of the public make poist,, Mr. Clifford, quoting Ar- es," Mr. Clifford said.

Apologising to Mr. Clifford, Mr. | every effort to evade detection of chibold, contended that provided Counsel these things it is intensely desir- there was an offence it was cor- Silva Assured Crown that he had not been long prepar-able that professional men should rect to give particulars ing his submission because he had realise the full weight at,

of once. resport-

After speaking briefly on Mr. d'Almada on Sunday and prepár- carry out their duties. Therefore. Silva's third point, Mr. Clifford ed his case over the past two it la not desirable that the Affeur- requested an adjournment to en- days, completing it at gain, yesed should get off on a purely legat¦ able him to acek further, legal

point and leave the Colony in sus- Authority.

On the appileation of the pro- recution, Au Hin, 29-year-old boatman. eriginally charged with the two accused, was discharged. DSI Collins told the Court that on Feb. 6 the fishing junk "Ngan Lordship ruled against Mr. Si dignation. Can any one in the harrowed a book from Mr. Leo sibility on their shoulders

Bot Shon fish.

sampan war

sonte

Speaking for nearly Iwo hours in the morning on his submission point by point, Mr. Silva first dealt briefly with the charge in the first instance..

jured community; nor` again that it is necessary for the purpose of elevating the moral Feelings of the community at

gratifying large,

their strengthening terested feelings of moral in

whole of this community of Hong Kong suy with good reason and by any standard by the standard set by Crown Counsel of the requirement, of the imposition of a hirge pecuniary Ane--that Dr. Chan had not suffered sufficient for whatever wrong he might have done, even if no benefit result to him or to others from that pain?

roon, Bir. Clifford in reply to Mr. On resuming yesterday fier- Silva's submission said:

"The submission of the Defence is in 3 parte-

Lee was in Deep Bay off Lau on the first and second points hearing until with a large haul of and adjourned

terday. A sainpan was loaded with next Monday to enable Crown Osh and, with six members of the Counsel to study the authorities Wing family on board, it made

on the third point. its way to Un Long, where the fish was to be sokl

While it was

distance Eway from the parent-junk, the hailed by another junk and asked whether the fish was for sale. When they replied in the negative, they were told to straw.

When

At they refused, alleged the Crown, the other junk opened fire with rifes and machine-gun, whereupon the sampan turned tall and began to make its way back to the parent- junk.

neurer,

Wong Mun. Wong Cheung and Wong Kan, on bourd the parent-junk, thinking their son. pan was being attacked by rob bers, returned the fire, and, when the invaders Junk began to sall hway, gave chase. A cannon shot was fired at the other junk but] missed.

offver $2.20 each

1.15

Obtainable at ALL DAIRY FARM BRANCHES and from leoding Compradores & Pruvision Stores throughout the Colony.

The Dairy Farm, Ice & Cold Storage Co., Ltd.

Sule Distributors for KRAFT PRODUCTS.

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HOISTING GRABS

First Trial

+

reason

Where then is the the committal-proceed-| inga. Mr. Silva said, both ac- and the ground-the basis for cused were committed, and they this second prosecution, I ask?” were later tried at the. Noyem-My Lord. If this first point is not sufficient to support my ber session.

motion to quash, I urge upon

(a) that the motion should be quashed on the grounds of Your Lordship's discretion because it is unjust to proceed;

""(b) that the indictment in þad

duplicity:

for

(c) that the Accused is not properly before the Court,

to

THE HONG KONG FOOTBALL ASSOCIATION

INTERPORT FOOTBALL MATCH

MACAU V HONGKONG

SUNDAY, 9th March, 1947

"Dealing with (4), I feel sure that Your Lordship will not be likely to upset the indictment on

of public policy. At the NAVY GROUND, CAUSEWAY BAY

Kick Off at 3.30 p.m..

you the second. namely: That the grounds

bad for realising that such indictment has

this indictment is duplicity and should be quash-been considered with regard to its desirability by the Hon. Attorney

Director ed

General, the Hon. "Your Lordship will note the Medical Services and the Solicitor particulars of the offence-the-General, and that the Hon. At- division of the false and wilful torney General has decided after statements into: "," "b" "e" very careful consideration to pro- "d" and "e," every one of which fer such indictment. The quashing

Sharp Shooting In Mongkok

The story of how a European and a Chinese de tective beat two alleged gunmen to the trigger, killing one and pumping seven bullets into the other before they could fire a single shot, was related to Mr. Blair-Kerr at Kowloon by DSI McVey yesterday.

"On Dec. 10, 1046," Mr. Silva continued, "The Chief Justice upheld my submission that they had no case to answer, the general ground being that the particular offence was created not be section G, subsection 1 (d) but by section G, subsection 1 (b) of the Perjury Or dinance, 1922 and that there- When the accused's craft was overtaken, continued DSI Collins, fore the Indletment as Inld was Wong Min boarded it and took not proven by the evidence ad- sway the arms and ammunition, guced by the Crown, whereupon that were on board. Two men His Honour the Chief Justice alleged to be the accused, were al directed the jury to return su ordered to go on beard the

verdict of 'Not Guilty* and Ngan Lee." Two other men,

lled in netion, were left on the both prisoners were discharged. other junk, said the prosecuting Some time elapsed and on -b. 1 ̧ the Crown thought fit The two bouts then made their to lay fresh indictment way to Lau Fou Shan where the against the two accused under

defendants were

taken section 6, subsection 1 (b) of ashore. The "Ngah Lee” then set

1922, the Perjury Ordinance, all for Castle Peak,

Evidence on the lines of the for their trial at the February Crown's opening were given by sessions. Wong Pui and Lo San, the wite "I do not suggest any de- Mo Lap-wo(alias Ma Ki, the accused, had seven gun shot of Wang Kan, after which further liberate infringement of the alias Ma Chua, glins Mo Wol, wounds, two on the chest, two bearing was adjourned to

this rules and principles governing 21, alleged to be the wounded on the abdomen and three on the administration of British man who was detained in the the wrist. A bullet from the Criminal Justice. I suggest Kowloon Hospital for 16 days right elbow and one from the only, my Lord, a misapprehen- and who still has a bullet, in the back of the chest were Bich non-comprehension-region of his liver. was. com- moved on Feb. 11, testified Dr. at this Yeung Taew-chi of the Kow- of these principles which should mitted to stand trial be corrected here and now, in 1 month's Sessions on charges of loon Hospital.

of arms and the interests of the public. by the possession #wise and considered ruling avammunition and attempting to from your Lordship and I will shoot the two Police Concerned In the case.

According to DSI McVey, SI G. C. Ronsakoff of the Passport Office was detailed for duty at Mongkok on the even- ing of Feb. 3, and arrived there at about -7.40 p.m. Five minutes later he left with De- tective Hung Hon-cheong on patrol duty.

afternoon.

Silk Store Burglary

?

There was a sequel at Mr. Latimer's Court yesterday to the theft of over $30,000 worth broad and abstract statement, sak that ruling not merely on

of goods from the Khriana Silk but on authorities from our Store, 2b Hankow Road, on the' night of Feb. 21/22, when Laiease history." Kwan (allus La Shing-Kwan)

A Fine

officera

casual coolie, appeared before "In this case; Mr. Silva said, His Worship on two charges of "I can say that. I know as a fact that it was never thought alding, and abetting and re- ceiving.

necessary or it. was never in- tended by the Crown that the

While turning from Shan. offender should be sentenced to tung Street into Yim Po Fong two Officers saw three men ap imprisonment so as to deprive Street at about 8:30 am, the manently of the power to reproaching from the direction on Feb. 21 and 10 am. on Feb. peat the offence. I say this, my of Argyle Street. They allowed i

Lord, because I know, as

In the the first to pass, and called upon

Lai was alleged to have re- ceived at the Star Ferry wharf, one cardigan, one pair of socks,

HYDRAULIC SHIP & LOCOMOTIVE JACKS and one cush cheque. for him either temporarily or per

SAMPLES ON VIEW AT

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YU TUNG TAI LIMITED,

ENGINEERING DEPARTMENT,

218 Queen's Building

LONDON'S FAVOURITE

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Telephone 33145

SENS FRESH ALL DAY

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between the hours of 10

p.m.

22. He was further alleged to matter of fact, that,

of $30,000

to the total value during that period.

On the application of SI C. Askew, Lui Was remanded for three days in Police custody.

have aided and abetted Li Yuk first instance, the prosecution the other two to stop And in breaking into the silk store was directed by the Crown submit to a search. DSI Rouse and removing goods and money Counsel to proceed with the koff and Det: Hung both drawi

свар summarily and I refer their revolvers.

When the two Officers were your Lordship to the summary

the pensity on summary trial which about five yards away.

accused was alleged to havb la pot imprisonment but a maximum fing of $250.

put his hand inside his jacket, am aware, my Lord, from which was open at that time, enquiry, which I made shortly and drawn out a revolver, DSI after the institution of pro- Rousakoff and Det. Hung im beedings, of Crown Counsel mediately fired, and brought (not Mr. Clifford) that it was defendant-down. His com only on reconsideration that panlon, the Crown alleged, tried the and of $200 was thought to run away, with gun drawn. for small and that it was the From The Hip

CORRESPONDENCE

Land Values: ·

· · Sir,—Your leader on P.W.p: land prices could have been made much mere omphatic.

The fact is that their valuations

are arbitrary, without reference Intention to commit, accused to Refore, he had, a chance to

to the locality and, 1 rather sad- the: Criminal Sesalons with a use his Luger pistol he was pect, deliberately extortionate, vjaw to the imposition of a shot by DSI Rousakoff who,

For instance, (JLE much gi 鄉

square foot has been asked for in the circumstances, can- land in a district where nined property was offered by a private sidering Dr. Chan wha by no awhor for $ & square foot, to maana alleged to be a hardened only, material difference between criminal, but was alleged to be the silen was that on the privately, an inteligent educated .... pro- offered lots : it would have bate | fessional man who had, through possible, to salvage a few tops of the

Hone bricks

SAW.

hip on both occasions. The mat incidentally, fire from the wu. Ah-wo, aged; 26,796 16 another 16 yards before he collapsed, with his gan valit clasped. In his right hand. ---

Fambulance" wABANTI

Price of Admission

COVERED STAND (SEATS) $5.00 & $3.50 (Including Tax) UNCOVERED STAND (STANDING ONLY) $1.20

,

Booking for seals only is open at the Hong Kong Sports Shop, Gloucester Arcade.

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