1947-09-04 — Page 3

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Motor Bus Driver Takes Appeal To Court

have

THE CHINA MAIL THURSDAY, SEPTEMBER 4, 1047. J

Schmidt Has Gone: Schultze Comes Next

Pelping, Sept. 3.

the

U.S. Intends To Keep Up Strength Of Army

to

The Municipal Police, who last week unearthed Charlie Schmidt, former Gestapo chief; in North China, told the United Press that they

Rio de Janeiro, Sept. 2. An appeal on a case stated by Mr. W. II. Latimer,

were negotiating with the intelligence section

President Truman told the Inter-American De- Kowloon Magistrate, heard yesterday be

of a certain government bureau for custody of fore the Full Court comprising Sir Henry

fence Conference at Petropolis near here to- Schmidt's successor-Adalbert Schultze:"

day that the United States would retain its Blackall (Chief Justice)' and Mr. Justice E. II.

Schultze, who was officially Non-Nazi Germans told

military strength "as evidence of the serious- Williams (Puisne Judge)," was dismissed and

reported to have "escaped" the United Press that Schultze is a

ness with which we view our obligations to the conviction before the Magistrate upheld.

night before he was stated to be far more dangerous figure poli- said that The appeal was the outcome Mr: Löneby

Town to Shanghal for repatria-leally than Schmidt. They des

world peace." A case beard before Mr. evidencé of Inspector Scrim tion as an undesirable German eribed Schmidt as a crude bully, The United States contem-strain which It was never de- Latimer on July 4, 1942. in wan inadmissible in that it

was seen a few days ago in the who was transferred to Tokyo plated "prolonged military signed to hear. Its role is to

terri- maintain pence and not which Chung Ching, driver of was most hearsay, Mr. Loseby company of plainclothes men of in 1946 after he shot a Japanese rccupation of enemy motor vehicle 5128, was con- submitted that the

Commis the agency where he allegedly official through the palm in one tories" because the Allies had make peace. It has been em- victed and Bed $10 for allow aloner of Polier should

was employed. The police galdut his frequent night club fights. not agreed on the main out-broiled in its infancy in almost

They said Schultze, that verbal negotiation having Ing 11 passengers in excess of been called to testify.

on the lines of a peace settlement, he continuous coufflet.”—Reuter, the number e was permitted

and.].declared. Concluding his submissions, proved in valu "we are writing other hand, was "clever Mr. Loseby said that Section them a letter saying that Schul-gg-blooded." They added that Caling on the nations of the to carry.

181 had no sense at all, une te must be repatriated." Schmidt, whom two women fed western hemisphere to

WOM real grammatically; i

Meanwhile, the police seized and nursed in a Peiping cave hide with the United States for "a prima facle furthertorre,

President said: "The case could not be established five refles, une platol, 10 bottles out, had a way with women," world peace of free men," the

of gunpowder and several thou- A girl helped him to merely by reason of the fact and bullets in the residues of from a Belilah internment camp world is exhausted. Its civilian

seen to Mrs. Helen Tong, German widow in Hong Kong at the beginning tion imperilled. Its people are that carrying ten passengers,

of a Chinese citizen, who shel- of the war. Another girl in confused and filled with fears Mr. Lonsdale submitted that

Mra. Helen for the future. Their hope must be in this new world of 11 days. A 72-year-old Germao Tang here. the permission of the Commis-tered Schnitt for two years and troduced him to

rents named Motte-who

"fle has a rough gangsterish cura." house to Mrs. Tang-saic he glamour about him, Children kept the drearms from the time are fond of him. But Schaltze pursue the quest for pence with

Chinese such a managed n

man is most danger.no less insistence than it had applied to the quest for mili weapon factory many years ago, ous.”—United Press.

tary victory, Président Truman Rafel.

It was inclosed during the hority of the appeal that 700 similar cars are awaiting de-

elsion and would be aliveted by

the appen'.

The appen was based on the submission hat Regulation 1 made under the Vehicle and Traille Regulation Ordin-

since Nr. 40 of 1912 as amended

Corry was

siner of Police referred to a

by rescission and substitution permission in writing given to published in the Gazette of the censee or hirer of a lorry May 23. 1947. by Notification to deal with his particular cir No. 469 of 1947, relied upon enrtances in commercial acti- by the proseculin, wna void vity,

cns.

de-

Oral Judgment unsel of 20

the effert up n grounds that under Section 3 Delivering aral judgment. of the Vehicle and Road Trafic Sir Henry Blackall said:...... Ordinance No 17 of 1947. the

points require **Three G: vernor-in-Cunei' bad no termipation in this power. bindinge in law, tu "The Arst print taken by the amend regulations made under appellant, with the permission the Vehicle at Trale Regula- of the Court, is that Regula- fis Ordinater No. 40 of 1912 for 131 of the Vehicles and or to rescind Regulation 131 of Traffic, Regulations is ultravires. Part 2 of the said Regulations' That regulation was made by .or in multitute another Re-regulations made by the Gov-

gulation therefor.

crnor-in-Council under Section

})-

Road

Mr. Charles Loseby, instruct-13 of the Vehicles and ed by Mr. A.S.C. Comber of Traffic Ordinance. 1947. Menara Bastings & Co..

"It is contended by the ap- peared for Chung Chink cappellant that the

regu ations pellant).

which were made under the re- The respondent. PCD 21 Li pealed Ordinance of 1912 cun- Ming-chai, was represented by het be amended on repealed

|

when he

the

escape.

Sterling Talks To Include India And Pakistan

London, Sept. 2.

British sterling area Dominions including India and Pakistan will confer in London as soon as possible probably within the next two or three weeks-to decide in detail how to share the Commonwealth dollar pool among them.

Mr. A. Lonsdale, Crown Com-except by an amending urdin-This was officially disclosed in London today at

sel.

dinance alimetre

the

ance,...

"Now, section 11 of the In-

Ordinance

The United States

stand

-old

RADIO

ZBW Hong Kong broadcasting a frequency of. 845 kilogycies from 1930 to 2.00 p.m.. and 630 to 11.00 p.m., and also on 9.52 megacycles in the 31 metre band from 1230 £1 1.88, 7.30 to 8.30 and 9.15 tu 11.00 pan.

H.K.T.

would t-Hully Propramme Summary.

32.57 pm-ling Creaky atd. The Andrew.

Slaters. 1ste p.m.--New», Weather Report

12.32 p.m.Gerald and His Crehestens

The Prealdent declared: "The people of the United States were engaged in the recent 'war' In the deep faith that they were opening the way to free the world. We find that a number of nations are still sub- jected to the spe of foreign domination which we fought to overcome.

"Many of the remaining neo- ples of Europe and Asia live under the shadow of ahmed ng. gression.

Economic Distress

Dill

"Almont everywhore $13 Europe, economic recovery has lagged. Great urban and indus- trial areas have been left in a atate of dependence on economy which is as painful to ua ne it to to them. Much of this economic distrena is due to the paralysis of political feat and uncertainty in addition to the devastation caused by the

war.

the moment when Mr. Joseph Chifley, Austra- "Point Of Law"

lia's Prime Minister, was announcing sweep- pro- Dealing, first, on the point of terpretation

Ordin-

ing cuts in reports from the United States to Jaw, Mr. Leerby solmitted that viles that where any

help close Australia's £21,250,000 ($85,000,000) he repeal of an Ordinonce didance is repealed, 411 regulations

trade deficit. pt. of itself. repeat regula made thereunder shall remain

India and Pakistan will not be, flim remittances by means still fitnes made by virtue of the Orin fores until they have been replaced by regulations made repealed, but in

Australia's lead to be decided, under the repealing Ordinance. asked to follow

Pledging United States fidel. specially of powera

The total saving expected from "In my view, the new regula-in cutting their planned dollar

to the United Nations. engferred. the Governorsine tion 1:1 is a regulation which ports it was said in well-in.these cut is £3,750,000 ($35,000, ity

|000) annually,

President Truman sald: will leaving could not rescind or

"We was made under the repeating forined quarters today.

The amond regulations made under Ordinance and I am therefore

($50,000,000) ex-¡£12,500,QUO

trade recognise that the United Na- do would be to make deficit. pected tu an Ordnance repealed.

tions has been subjected to a some slight economics "but they Britain has already announced Mr. Losely further said that of the opinion that it is intra vires of that ordinance and of

could not possibly be large," it cuts the Vehicle and Road Truffle

amounting to £220,000,000 The Interpretation. Ordinance was stated.

and has made it clear that moro Ordinance 1947 Section 16. re-and is a valid regulation.

New Zealand No actual date was set for the are still to come. prales The Vehic't and Traffle

"The next point is whether Regulations Ordinance

gulation 181 has to be obtained conference but the British Gov-has said she will do all she can. whether the permit la applied By virtue of Notfiication

pro. invitation today by the driver; licensee or hirer: 400 dated May 21, 1947,

posed that "advantage should be

Council

1912.

No.

tho

soost they could be

erminent's

Bitter Pill

a

(Continged from Col. 2)

+

ΟΙ

precati- guilty.

tor by the licensee or by the hirer or even by the driver, but or by the additional passengers taken" of the presence in Lon. South Africa has not -made it is up to them to 800 thuc Governor-in-Council purported to amend Regulation 131 made who intend to travel by it. The don of representatives from some any cuts so far. She was criticised this is obtained and if it is under, the Vehicles and Traffic later interpretation was adopt. of the Dominions for the incel. yesterday by Sir Miles Thomas, not, then each of these persona ed by the learned magistrate ings of the international Bank the President of the British Se-is guilty of an offence, subject Regulations Ordinance 1912. and he was supported by coun- and the International Monetary elety of Motor Manufacturers, to the proviso which is to the

"IL was contended by Mr. Leseby that this was some hinsel for the appellant. But I am Fand, starting on September 11. new in Johannesburg, who said effect that if the hirer

Major restrictions announced the Unions Increasing importa lecnace proves that ho had which the Governor-in-Council unable to agree with it. I asked

tion of United States goods taken all reasonable had no power to do. By way of Mr. Loseby who, under his in-in Australia today included:

cut in import might be a "bitter pill" to the tiens, he will not be A 20 per cent illustration, Mr. Loseby sain terpretation, would be required

to have a permit if the larry Heences for American Inbacco. Beitish people.

That is obviously inserted to contained say efglit people. A similor cut in imports ut Which of them should the chassis for passenger vehicles.

cover the case of a dicensee whose driver without his know- police assume were covered by the quota and which of them

edge and against his instruc tions, takes on some additional In his analysis of the case, needed a permit? He frankly

FUSSENFELß. Changemand van jou wydarzy admitted he could not tell me and he had to agree that the regulation, if his construction were accepted. would he un? workable.

that mother that was dead could not bear children and a father that was dend could not beget children,

TO-MORROW

KING'S

THEATRE

Britain's and

America's 'Idol

JAMES

MASON

in

ODD

MAN

OUT

Motion Picturo Herald: "A picture that will live....It has glory and loveliness and a thousand thrills!" Hollywood Reporter:Masterpiece! Mason manages a performance he never surpassed phas

Bookings Now Open!

"Despair"

"Well, it is the function of the Courts not to wet upon a counsel of deepulr if they

vi

No further purchases of aircraft costing dollars apnet from those already on order.

A cut of about 30 per cent in

Canada, the one dominion not within the sterling arca, will be present as on observer at the cop- ference. Her dollar shortage is as acute as Britain's or even more sn.-Reuter.

New York Refuses To

Be

Black-Balled

Geneva, Sept. 2.

attempt to blackball New York as headquar- ters for the Food and Agricultural Organiza- tion fell short of the necessary two-thirds majority tonight.

WAR MEMORIAL FUND

point

"The next and Anal för determination is whether in a prosecution under Regula tim 181, the onus is on the prosecution to prove a negu. tive, that is to say, to prove that the Commissioner of Police has not, in fact, granted pamit under e regulation. "It is submitted by Mr. Logr by that not only must the pro- secution prove this, but they inust call the Commissioner of Polleo to appear personally in If avery one of these cases, that were the law, there would be some justification for the jibe that the law is an ass,' but fortunately It is not the

Law.

"No Permit"

can discover a reasonable con- struction of an enactment and In doing this, they must have An regard to the purpose of the legislation. Now, the purpose:

131io clear regulation

Ametica. ensugh It is to prevent the Twenty two mutionsated for Peific coast of South carrying of passengers, on com suspension uf the constitution The New Zealand representative is a suitable mercial vehicles except under a rule providing that New York begested Caracas permit. As the learned Crown the headquarters while 20 op-site for the Caribbean region. The Counsel pointed out, there are posed · the resolution: two FAO Director, General Sir John many contractors

Boyd Orr, supported suggestions who take abstained and two did not vote, thair coolies in, their lorries At today's plenary session, for setting up regional offices as

"The prosecution in this case and it is fairly obviona. that Burma was elected an FAO mem. Boon 03 authority was given by

did call a subordinate police the purpose of the regulation (sber with 43 votes, one abstention the conference-United Press...

officer who stated that no per to provide for such cases. What and one vote reserved,

mit had been granted by the ,inforests the authorities in not Brazil asked the FAO to send

Commissioner of Police. On do to Brozli to the personality of the passer technical group

Ing. this, the prosecution, In Bera but the number of study deeds for equipment. The

Subscriptions..received on Sept. my view, went further than Brazilion statement elaborating

the 3rd, 1947:

they need have done, because In my view, therefore, the the request stressed that

In the case of Ollvor (29 CGA capacities of The Trustees of the only reasonable way of reading great productive

Aaron D. Sasscon

187) in which, the facta were Benzil were at present limited by the regulation is that A permit

Charitable Trust $1,000.00 very similar to this one, it was must be obtained to the effect lack of fertilizers, pesticides and

held that the onus of proving that vehicle 123 or whatever Hearn, machinity, as well as high-

Total

1,600.00 that a defendant has a licence, 1,000.00 H.K. Govt. Contribution number is may carry & number why and rail facilities.

The Ecuador representative Received to 1947) E

or in this cang a` permit, is on of passengöra. Xtris immateriał

2,812,104.26 pressed for the establishment of

the, defendant and the prosecu- Continued at foot of Col. ) on FAO regional office on

the Grand Total

$2,815,684.20

tion is under no obligation to give evidence to prove a prima facle case on the matter. :Buv Apart from this authority there is specific provision in the Interpretation Ordin ance to the same effect, namely,

them.

POP

1. HOPE LIVE TO

MÜNDRED"

KUNSMATICSVIEJŲ

FOR

Decantonarian

SO THAT I GA

"TO. PAN FOR, ALL

EUNDEN.

Section 33. This provides that where the offenge with which.a person is charged in the doing! uf an act or omission without lawful authority, proof of such! authority lles on the person charged; MA

"In my ylow, therefore, there Is ino substanco in this apposi

and the conviction must algod fon the reasons given,

dat

Aesoutremente.

1.10 Deckentral Interlude. 1.16 p.m.-Htudio; Heine Alexander

the Plane 1.3 1.Messe for Lunch-Time, 3.00 p.m.-Gline Duan, 6.3 1.Variely, 7.06 -Yetes:Bckra.

7.15 p.m.-Coleeldur-Taylor's

CAFÉ WISEMAN

AIR CONDITIONED

Pare a

OPENING SATURDAY 6th September

DINNER DANCES

NIGHTLY 8:00-12:00 P.M.

EXCEPT MONDAYS.

SATURDAY EXTENSION TILL 1.00 A.M.

MUSIC by

AL

GEORGE PARKS TRIO

and

**Dihe)ke"

Julie. New Symphony Orchestra. 1,30 p.m.--Studio: La Demi-Heure Fran

chitė.

K.00 1.7.Ɛretos Relay: World News, 8:10 p.m.-Lamion Relay: Home News

Treum Britntri,

8.15 p.m.-Studlo: A Religious Talk by the Very Hey, A. P. Ilove, Dean of Link Mine

3.25 19-Interface.

8.30 p.m.-Audio: Recenzil Ilove.

A

Stevor of the latent renards receścioł by 211W. Presented by Nicki -Ľ - ralne. P.5% pure Tesser knowa Violin Bolos, D.I.B.N.C. Transcription Hervices. **Queen Victoria was furious”. Nr. 1. "Etabeth Garrett Auderent,” 1. pamvuelto Operatio Arĺas, 19.09 y.m.-Landon Helays New.. 13,30 p.m.--Weather Report, 10.11 .m11,11.C. Transcription Services Huite from kn Ballet "Adam Zero". Orchestra of the Royal Opera Huwe >Orrheater.

46.40 1.7.Munir for Dancing.

p.m.-Cher Down

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